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HomeMy WebLinkAbout10/18/2006 - STAFF REPORTS - 1.B. FpRLMS,� iy c u n C9<IFOR��P CITY COUNCIL STAFF REPORT DATE.: October 04, 2006 PUBLIC HEARING SUBJECT: AN APPLICATION BY MESQUITE VILLAS 03, LLC, (MARSHALL ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM 32071) FOR A CONDOMINIUM MAP FOR THE DEVELOPMENT OF A 90-UNIT CONDOMINIUM COMPLEX, LOCATED ALONG THE SOUTH SIDE OF MESQUITE AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed residential development which will include a Tentative Tract Map (TTM 32071), for a condominium map for the development of a 90 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 32071 THEREBY ALLOWING A PROPOSED PROJECT FOR A 90-UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 6-8-ACRE PARCEL, LOCATED ALONG THE SOUTH SIDE OF MESQUITE AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE, ZONE R-3, SECTION 22"_ PRIOR ACTIONS: • On May 22, 2006, the Architectural Advisory Committee (AAC), reviewed the site plans, the architectural and landscape plans and with a vote of 7-0, recommended approval of the project to the Planning Commission. Item No. 13 ,, City Council Staff Report October 18.2006 5,0981,TTM 32071 Page 2 of 3 • On September 27, 2006, the Planning Commission reviewed the proposed project and voted 5-0-2 (Chair Marantz and Commissioner Caffery abstained) to approve the project's architecture and recommended approval of the Tentative Tract Map to the City Council. STAFF ANALYSIS: The proposed site is an approximately 29.5-acre parcel located along the south side of Mesquite Drive and approximately 1,032 feet west of South Palm Canyon Drive. The property, which is currently vacant, lies in the desert foothills along the eastern base of the San Jacinto Mountains. The land is mostly uneven with previously graded pads and covered by different types of low-growing vegetation and weeds. As proposed, the project consists of a Tentative Tract Map for the subdivision of a condominium map and an architectural approval for the development of a 90-unit condominium complex on approximately 6.8 acres of the 29.5-acre property. The remainder of the undevelopable land (Lot 5) will be preserved for open space by the applicant. The General Plan designation of the site is H43/21 (High Density Residential and Hotel areas), and the zoning designation is R-3, (Multi-family Residential & Hotel Zone). The objective of the General Plan designation is to accommodate both hotels and high- density residential development within the H43/21 districts. Furthermore, the High Density Residential designation of H43/21 allows for the threshold of fifteen (15) and a maximum of twenty one (21) dwelling units per acre. The applicant has proposed a density of approximately 13.2 units per acre for this project and will be developed with attached residential homes. The R-3 district allows for the development of high density apartments, hotels and other resort housing facilities. As proposed, this project will consist of one and two bedroom units and will range between 947 and 1,464 square feet in size. A more detailed analysis can be found in the attached Planning Commission Staff Report dated September 27, 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 a Mitigated Negative Declaration can be adopted for this project. FISCAL IMPACT: IFinance Director Review, No fiscal impact. b City Council Staff Report October 18,2008 5,0081,TfM 32071 Page 3 of 3 Gr ig E ing, A Thomas Wilson Assistant City Manager Direc of Planing ervices Development Services David H. Ready, City Ma Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Reduced Site Plans & Elevations 4. Planning Commission Staff report dated 09/27/06 5. Planning Commission Meeting Minutes dated 09/27/06 (Excerpts) 6. Copy of the Environmental Initial Study and Negative Declaration N Department of Planning Services W+E .N Vicinity MapFT11: S o o w in 0 4 W Legend In Project Area 400'Buffer fl CITY OF PALM SPRINGS CASE NO: 5.0981-MAJ DESCRIPTION: To consider an application by Marshal TTM 32071 Ininns Design Group to subdivide approximately 6.8 acres for a condominium map and to construct 90 APPLICANT: MESQUITE VILLAS 03 condominium units along the south side of Mesquite Avenue, Zone R3, Section 22. APN: 513-300-046, 513 300-048. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32071, THEREBY ALLOWING THE SUBDIVISION OF APPROXIMATELY 6.8-ACRE PARCEL INTO A CONDOMINIUM MAP AND THE. DEVELOPMENTT OF A 90-UNIT CONDOMINIUM PROJECT TO BE LOCATED ALONG THE SOUTH SIDE OF MESQUITE AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE, ZONE. R-3, SECTION 22. WHEREAS, Mesquite Villas 03, LLC, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map 32071 for the subdivision of a condominium map and to construct 90 condominium units to be located along the south side of Mesquite Avenue and west of Belardo and East Mesquite Avenue, zone R-3, Section 22; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 32071 and related architectural approvals (Case 5.0981), was given in accordance with applicable law; and WHEREAS, on September, 2006, a public hearing on the application for Tentative Tract Map 32071 and related architectural approvals (Case 5.0981) 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 32071, 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 32071 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 32071 was given in accordance with applicable law; and WHEREAS, on October 18, 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 15074.1 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 City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council 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 Tentative Tract Map is consistent with the goals and objectives of the H43/21 High Density Residential General Plan designation which governs the subject property. General Plan Objective 3.8 is to provide for the development up 00o b to 15 dwelling units per acre or 21 dwelling units per acre when special conditions are met. Per Objective 3.8, appropriate residential development includes multiple-family apartments and similar permanent housing. The proposed residential development is consistent with the H43/21 General Plan designation as a residential use. The proposed density of approximately 13.2 dwelling units per acre, or 6,450 square feet per unit is within the threshold of fifteen and maximum of twenty one dwelling units per acre called out in General Plan Objective 3.8, 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 3.8.1(a) of the General Plan, 45% 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. 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. 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 uneven and rugged in some portions of the site however, the site is located in an area with access to all urban services and utilities, including the City's circulations systems. d. The site is physically suited for the proposed density of development. The proposed 6.8-acre project site can accommodate 90 residences without significant grading, and encroachment into the hillside areas of the site to the west and south. The northerly portion of the site abuts improved Public Street 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 December, 2003, 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. 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 contlict 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 32071 for the subdivision of approximately E.8-acre parcel into a condominium map and the development of the proposed 90-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 18th day of October 2006. David H. Ready, City Manager ATTEST.- James Thompson, City Clerk EXHIBIT A Case No. 5.0981 — MAJ /TTM 32071 Mesquite Villas, 03, LLC South side of Mesquite Drive and West of Belardo and East Mesquite Avenue CONDITIONS OF APPROVAL October 18, 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. 5.0981 1 Tentative Tract Map 32071. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Conditions of Approval Case No. 5.0981/TTM 32071 Page 2 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 711.4 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 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 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 upon the cost to acquire 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. L � - Conditions of Approval Case No. 5.0981/TTM 32071 Page 3 Environmental Assessment B. 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 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 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 111 5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall be covered and washed off before leaving the site. INM 111 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. INM 111-8 Construction operations affecting off-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of through-traffic lanes. INM 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 Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. Conditions of Approval Case No. 5.0981/TTM 32071 Page 4 MM XIA 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 westerly 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 western 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 east side of the location, 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. Conditions of Approval Case No. 5.0981/TTM 32071 Page 5 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 Mesquite Villas prepared by Mestre Greve Associates, dated May 14, 2002, unless it oan 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. g. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. 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. w _ i�1F1 Conditions of Approval Case No. 5.09811 TTM 32071 Page 6 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, 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 $500 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 Conditions/Code 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 '19. All materials on the flat portions of the roof shall be earth tone in color. Conditions of Approval Case No. 5.0981/TTM 32071 Page 7 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. 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(s), 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 Department 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. An existing street plan for Mesquite Avenue is approved and on file (see File 22- 4-4-44, approved August 2, 2000). The plan shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and submitted to the Engineering Division for review and approval. Otherwise, new street improvement plans prepared by a c. _ Conditions of Approval Case No. 5,0981/TTM 32071 Page 8 Registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new and revised street improvement plans shall be approved by the City Engineer prior to issuance of any building permits. 3. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. MESQUITE AVENUE 4. Existing public right-of-way for Mesquite Avenue across a portion of the frontage of this property is identified by Document No. 469126, recorded November 27, 2000. Dedicate 30 feet of right-of-way across the frontage of the property, extending across the existing street improvements, if record title does not demonstrate the existence of the previously acquired right-of-way. 5. Dedicate additional right-of-way for a property line - corner cut-back at the southeast and southwest corners of the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 105. 6. Remove the existing 6 inch curb and gutter, located 20 feet south of centerline as necessary to construct 25 feet radius curb returns and spandrels at the southeast and southwest corners of the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct a 6 feet wide cross gutter with a flow line parallel with and 20 feet south of the centerline of Mesquite Avenue, at the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 9. Construct Type A curb ramps meeting current California State Accessibility standards either side of the new street intersection, in accordance with City of Palm Springs Standard Drawing No. 212. Conditions of Approval Case No. 5.09811 TTM 32071 Page 9 10. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 11. All centerline radii shall be a minimum of 130 feet. 12. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from face of curb) where no on-street parking is proposed. 13. All on-site private streets shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the streets, as necessary to accept and convey on-site stormwater runoff to the drainage system, in accordance with applicable City standards. 14. The minimum pavement section for all on-site pavement shall be 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. '15. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the on-site private streets as necessary to enforce parking restrictions to maintain a minimum clear 24 feet wide travelway. 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. 16. 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. SANITARY SEWER 117. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 18. An on-site private sewer system shall collect sewage from the development and connect to the extended public sewer system to be constructed in Mesquite Avenue as part of this development. 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 t ", J Conditions of Approval Case No. 5.0981/TTM 32071 Page 10 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 if 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. 19. The Preliminary Grading and Utility Plan for Tentative Tract #32071, prepared by JCA dated May 8, 2006, does not identify the need for a sewer lift station and on- site private sanitary force main as necessary to provide sewer service to the southerly portion of the property. Construction of an on-site private sewer lift station and force main will be required. The applicant shall submit construction plans and specifications for the on-site private sewer lift station for review and approval by the City Engineer. 20. The on-site sewer system shall connect to the extended public sewer main in Mesquite Avenue with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 21. The on-site sanitary sewer lift station, force main, and sewer system 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. 22. Submit public sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 23. Extend an 8 inch V.C.P. sewer main in Mesquite Avenue from the existing sewer manhole located approximately 375 feet west of South Palm Canyon Drive extending westerly across the entire Mesquite Avenue frontage of the parcel identified by Assessor's Parcel No. 513-300-046, as required by the City Engineer. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 24. Costs associated with design and construction of the off-site sewer extension may be reimbursed, pursuant to a Sewer Reimbursement Agreement approved by the City Council, in accordance with the policies established by Resolution Conditions of Approval Case No. 5.0981/TTM 32071 Page 11 13773, and amended by Resolution 15975_ Following completion and acceptance of the off-site sewer extension by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Sewer Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Sewer Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. GRADING 25. 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 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 e 00119 Conditions of Approval Case No, 5,0981/TTM 32071 Page 12 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. 26. In accordance with the Preliminary Geotechnical Investigation Report prepared by Professional Service Industries, Inc., dated October 21, 2003, and its Addenda, the following mitigation measures shall be required: a. Structures shall be setback from the ascending slope a horizontal distance equivalent to one-half the height of the slope (1-1/2), in accordance with the 1997 Uniform Building Code, to a maximum of 15 feet from the toe of slope. b. Slope mitigation measures shall be designed at the toe of slope along the southern and western boundaries of the property to protect the development from rockfall hazard, including: construction of revetment walls, debris diversion ditches, fences, and/or special catchment areas to remediate the potential hazards to the residences below the toe of slope. 27. The Precise Grading and Paving Plan shall clearly identify the toe of slope for all hillsides having a natural slope equal to or greater than 30%, and shall include reference to easements for conservation and open space purposes to be reserved on the final map. 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 00"7C) Conditions of Approval Case No. 5.09811 TTM 32071 Page 13 soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the 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). DRAINAGE 33. Construction of an on site detention basin and an off-site debris basin is required to facilitate the proposed development application. Reduction of stormwater runoff to an amount equivalent to the capacity of the existing private 36" diameter storm drain lines located under the adjacent mobile home park to the east of Tentative Tract Map 32071 is required. The proposed off-site debris basin shall be of sufficient width and extend to the existing private 36" diameter storm drain lines. 34. The applicant shall acquire an easement to construct the proposed off-site debris basin on that parcel identified by Assessor's Parcel Number 513-300-036, prior to approval of a grading plan or final map. In the event acquisition of the required easement is not possible, the applicant shall be required to revise the preliminary grading and site plan for Tentative Tract Map 32071 to incorporate construction of the debris basin on-site. The applicant is advised that incorporation of a debris basin on-site may require elimination of condominium units and submittal of an amended development application through the Planning Department. 35. The applicant is advised that the parcel identified by Assessor's Parcel Number 513-300-036 is identified as Allotment 91 C, a parcel of allotted and leased land which is a part of the Aqua Caliente Band of Cahuilla Indians Tribal Reservation. The proposed off-site debris basin will require an easement acquired through the Bureau of Indian Affairs. In acquiring the easement, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain the required easement for the off-site debris basin. The easement granted to the applicant by the BIA shall be "without limitation as to tenure"; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, are not acceptable. 36. Upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the off-site debris basin improvements constructed by the applicant for which the easement was dedicated through the Bureau of Indian Affairs. A copy of the Conditions of Approval Case No. 5.0981/TTM 32071 Page 14 Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. 37. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site detention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology and Hydraulics Study for the Mesquite Housing Project, Tentative Tract No. 32071, prepared by Jones, Cahl & Associates (as revised March 25, 2005), shall be finalized to determine the volume of increased stormwater runoff due to development of the site, to determine required capacity of the on-site detention basin and the off-site debris basin, and other stormwater runoff mitigation measures for the proposed development. Final storm drain system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. 38. The applicant shall install a drywell, or series of drywells, within the on-site detention basin as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 39. 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, Conditions of Approval Case No. 5.09811 TTM 32071 Page 15 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. 40. Submit storm drain improvement plans for all on-site and off-site storm drainage system facilities for review and approval by the City Engineer. 41. Construct drainage improvements, including, but not limited to on-site detention basin, off-site debris basin, terrace drains, catch basins, and storm drain lines, for drainage of on-site streets, as described in the Preliminary Hydrology and Hydraulics Study for the Mesquite Housing Project, Tentative Tract No. 32071, prepared by Jones, Cahl & Associates (as revised March 25, 2005). The hydrology report for Tentative Tract No. 32071 shall be amended to include terrace drain sizing, catch basin sizing and storm drain pipe sizing, and other specifications for construction of required on-site and off-site storm drainage improvements. 42. All on-site storm drain system, including the off-site debris basin, shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site and off-site storm drain system, including the off-site debris basin, acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 43. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No, 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 44. 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 applicant 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, Conditions of Approval Case No. 5.09811 TTM 32071 Page 16 Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 45. All proposed utility lines shall be installed underground. 46. 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. 47. 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 (AutoCAD 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. 48. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 49. 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 maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 50. 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. MAP 51. Lot 5 shall be dedicated to the City, including all rights, title and interest, for conservation of the hillside for open space purposes. 52. Lot "B" shall be reserved for storm drainage purposes. :°�Y71,1 Conditions of Approval Case No, 5,0981/TTM 32071 Page 17 53. Easements for conservation and open space purposes shall be reserved over those portions of Lots 2, 3, and 4 extending above the toe of slope for hillsides having a natural slope equal to or greater than 30%. 54. 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 there from, 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. 55. 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 a Final Map. 56. Upon approval of a final map, the final 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 following: ArcGIS Geodatabase, AreView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 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 57. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Lot "A" with Mesquite Avenue, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 58. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public' sidewalk along the Mesquite Avenue frontage of the subject property. Conditions of Approval Case No. 5.0981/TTM 32071 Page 18 59. 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. 60. 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: 'I. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department: 'I. 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 AA CFC) 2. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version 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. 3. 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). 4. 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. Conditions of Approval Case No. 5.0981/TTM 32071 Page 19 5. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) 6. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 7. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 8. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 9. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4- 02. 10. Fire Apparatus Grade requirements: The gradient of fire apparatus access roads shall not exceed 12%. (902.2.2.6 CFC) 11. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) • Minimum Access Road Dimensions: 1. 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. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 32 feet wide when parking is allowed on only one side of the roadway. 12. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 Y - Conditions of Approval Case No. 5.09811 TTM 32071 Page 20 13. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. CFC Appendix III-D 2.1 14. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. 15. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). 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. 16. Audible Residential Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 17. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,000 GPM with fire sprinklers. 18. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 19. Construction Site Guard: A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises. (8.04.260 PSMC) 20. Fuel Modification Zones: Project is within the "Urban/Wild land Interface" and will require approval of the plant palette and possible inclusion of a fuel modification zone along the toe of the mountain. END OF CONDITIONS Ox {/ 171 ak' f/.••� `.C� _ �Fy=F=C E� ���i�'<<�F % mob- �- � I -_ --_ .r AY .I f, r L `I6'[IG�CA.c'llll Y�N<1ifT! IQc PRELIMII]N�ARR�Y]LANDSCAPE PLANMAR �LIl1�LJfJ1J�LzS��� IJ ��LII]/r.S�� L`S� �G=�SIIZf�=fIJ��LS �i'� L�� �l ©JV r.a=..x �j°`�::•.;;:i; I ��/�If €Y]Vi SELL PALM SPRINGS, CALIFORNIA m C ni N p p r F u n r I . 4" I �J _ J I I � � 1 n a C; rI i J' \ tam Ljiw r on - .. .._ M.�IlJ�—�f�LI. _ = nIL,aLm.n �— — � , 1NINNS,Ct°�N,o u .. P�Im tips ni,.( i6l nrwn nwvpn.pin�.ipui rxmv•gym m�i rgin�,1.+• nm•suleiuwv.uuni c.wra F' TT?'rl l FRO T YAF -A\0SCAFE EL=YATI� 11 • I - ': 9 I I I T-CAL R=AR YAT LMG:CA c EL-VATIL Fl �2. TYPIC4 VUE TARJ LACpKEFE ELEVAIDGN TYPICAL BUILDING ELEVATIONS �',j"� ''-A M RSHALL t. 7 crr::a -111 E���ASI:: PALM SPRINGS, CALIFORNIA c' - - ' �f III ! I I E�• � _ � i PRELIMINARY LANDSCAPE PLAN- BUILDING AND MAIN POOL ENLARGEMENT �'+�/7 L-II'�90T U!-C1 73QL L�12� 7�/�1L�QUI] 2i�� Gr'�L U'u PALM SPRINGS, CALIFORNIA •- -Yi-��i: ;fin li{�: = 1 � !} � FL4yiSY�LEG-a'[> 10 IN PRELINfINARY LANDSCAPE PLAN• ENTRY ENLARGEMENT r PAa;._= � t,[[iLL jFUUU6''J LyA06W UUUUU� UCH AllU � MYL �. ' -.... PALM SPRINGS, CALIFORNIA 0 o ti 0 lip Etl PP C: ELI % CD m; F Mountain Terraces at Tahquitz Canyon MARSHALL N"I Mcsqulte AVL111 iNINNS Dcho,u` 11.... Palm Springs CaliforniaA WNCWW.nj• 479 OCEAN AVENUE SUITE C UWAA Uui c��i I---— — �o ppLMSb ti '41 u fn w �InonYea cA`'F°Ra�P Planning Commission Staff Report Date: September 27, 2006 Case No.: 5.0981 — MAJ /TTM 32071 (Condominium Map) Application Type: Tentative Tract Map and Architectural Approval Location: South side of Mesquite Avenue and West of Belardo and East Mesquite Avenue Applicant: Mesquite Villas, 03, LLC Zone: R-3 (Multiple-Family Residential and Hotel Zone) General Plan: H43/21 (High Density Residential) APN: 513-300-46 & 513-300 048 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward O. Robertson, Principal Planner PROJECT DESCRIPTION The proposed project consists of a Tentative Tract Map (TTM 32071) for the subdivision of approximately 6.8-acre parcel into a condominium map and a Major Architectural application for the development of a 90-unit attached condominium complex. As proposed, the non-gated condominium complex will have a retention basin, private covered patios, four community pools with Jacuzzis and recreation areas. The 90-unit condominium complex will consist of nine separate two-story buildings with one and two bedrooms units that will range between 947 and 1,464 square feet in size. The proposed architectural style is Mid-Century with Modern elements that will include stucco, tile walls, metal and rock roofs, and desert landscaping. The applicant has proposed to provide ninety nine (99) covered parking spaces and additional forty three 43 spaces that are well distributed within the complex for the project. Planning Commission Staff Report September 27,2006 Case:5.0981-MAJ/TTM 32071 Page 2 of 9 RECOMMENDATION That the Planning Commission approve Major Architectural application, Case No. 5.0981-MAJ and make the following recommendations to the City Council: • Adopt the Mitigated Negative Declaration, thereby approving Tentative Tact Map 32071 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 proposed site is an approximately 29.5-acre parcel located along the south side of Mesquite Drive and approximately 1,032 feet west of South Palm Canyon Drive. The property, which is currently vacant, lies in the desert foothills along the eastern base of the San Jacinto Mountains. The land is mostly uneven with previously graded pads and covered by different types of low-growing vegetation and weeds. Although the proposed site is approximately 29.5 acres including the designated open space areas, only 6.8 acres of the site is proposed for development. The hillside and the designated open space areas shall be left undisturbed. A private street and hiking trail is planned for the lowest point of the southerly portion of the site and shall be provided by the applicant. The proposal is to subdivide approximately 6.8 acres of the site into a condominium subdivision map. The site will contain nine separate, two-story structures with ninety (90) units condominium complex. The subject site is a previously graded but undeveloped parcel, adjacent to an existing mobile home park to the east, an existing single-family residential and Indian Cultural Center to the north, and mountainous areas to the west and southern portions. ANALYSIS The General Plan designation of the site is H43121 (High Density Residential and Hotel areas), and the zoning designation is R-3, (Multi-family Residential & Hotel Zone). The objective of the General Plan designation is to accommodate both hotels and high- density residential development within the H43/21 districts. Furthermore, the High Density Residential designation of H43/21 allows for the threshold of fifteen (15) and a maximum of twenty one (21) dwelling units per acre- 2 Planning Commission Staff Report September 27,2006 Case, 5 0981•MAJ/TTM 32071 Page 3 of 9 This project is proposed at a density of approximately 13.2 units per acre and will be developed with attached residential homes. The R-3 district allows for the development of high density apartments, hotels and other resort housing facilities. As proposed, this project will consist of one and two bedroom units and will range between 947 and 1,464 square feet in size. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning Site Vacant H43/21 (High Density Residential R-3 North Single-Family Residential H43/21 (High Density Residential R-3 East Parkview Mobile Home Estates H43/21 (High Density Residential R-3 South Parkview Mobile Home Estates H43121 (High Density Residential) R-3 West Vacant C Conservation R-3 Table 2: Comparison of R-3 Development Standards and Proposed Project R-3 Multi-Family Residential zone Proposed Project Permitted Uses: Multi-Family Residential & Hotels Multi-Family Residential Condominiums Minimum Lot Size: 20,000 square feet Approximately 6.8 acres Minimum Lot Width: 140 Feet N /A Condominium Lot Minimum Lot Depth: 150 Feet Condominium Lot Minimum Density: 2,000 square feet Avera e: 6,450 square feet Max. Building Ht.: 24 feet and 2 stories Between 23.6 and 24 feet at Top Plate Minimum Front Yard: 25 feet Provided: 35 feet Minimum Side Yard Width: 10 feet N /A Condominium Lot Minimum Rear Yard: 10 feet 20 feet Min. Distance Between Buildings: 15 feet Provided: Minimum of 25 feet Landscape Performance Standard: Min. Irri . Landscaping: 45% of Site Proposed: approximate) 65% Required Parkin : Units & Visitors; 139 Provided: All units and Visitors: 142 The proposed residential development is consistent with the basic H43/21 General Plan designation as a residential use and also in conformance with the permitted use and development standards of the R-3 zone. The proposed density of approximately 13.2 dwelling units per acre, or 7,467 square feet per unit is within the threshold of fifteen (15) and maximum of twenty one (21) dwelling units per acre called out in General Plan. Pursuant to Section 92.04.03(D), property development standards, of the Zoning Code, the proposed two-story structures are within the allowable maximum height of 24 feet. 3 Planning Commission Staff Report September 27.2006 Case:5.0981-MAJ!TTM 32071 Page 4 of 9 Site Design/Architecture: The applicant has proposed to develop approximately 6.8 acres of the overall 29.5-acre parcel located along the south side of East Mesquite Avenue and west of South Palm Canyon Drive. The site design consists of nine separate two-story buildings with ten condominium units ranging between 947 and 1,464 square feet in size and a retention basin. These attached homes will have individual front driveways, front entries, and rear yards with private patios/trellises. The homes will consist of a mixture of one and two bedrooms units. Recreation areas featuring community swimming pools, paths, barbeque areas and gazebos will be provided as part of this development. The main entrance to the complex will be provided along Mesquite Avenue. The non- gated access will have enhanced pavement and decorative landscaping. The proposed private streets within the site will have widths of approximately 25 feet, and will have the appearance of conventional streets with sidewalks. Furthermore, each unit of the buildings will be equipped with separate entryways. 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 typical of desert contemporary such as tile walls, stucco, metal and rock roofs. Other features include stamped concrete driveways and entry walk areas leading to the complex and individual homes. The proposed architecture of the structures is consistent with the City's desired upscale design standards within the community. And as mentioned previously, the Architectural Advisory Committee (AAC) reviewed and unanimously recommended approval of the site plan and architecture to the Planning Commission. The proposed landscaping of the complex would cover approximately 65% 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 desert / drought tolerant landscaping. The applicant is also proposing to irrigate and landscape the hillside portions of the site. There are no perimeter walls or fences being proposed at this time; the height of any future walls or fences must comply with the required standards for multi-family residential uses. Overall, the proposed landscaping meets or exceeds the required performance standards for a multi-family residential development. Parking: The applicant has proposed to designate a total of 142 parking spaces for the condominium complex; the total required parking for this project is 139 parking 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. 4 Planning Commission Staff Report September 27,2006 case:5.0981-MAJ 1 TTM 32071 Page 5 of 9 REQUIRED FINDINGS As a development project, findings are required for the proposed Tentative Tract Map and the development of the 90-unit condominium complex pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the H43/21 High Density Residential General Plan designation which governs the subject property. General Plan Objective 3.8 is to provide for the development up to 15 dwelling units per acre or 21 dwelling units per acre when special conditions are met. Per Objective 3.8, appropriate residential development includes multiple-family apartments and similar permanent housing. The proposed residential development is consistent with the H43/21 General Plan designation as a residential use. The proposed density of approximately 13.2 dwelling units per acre, or 6,450 square feet per unit is within the threshold of fifteen and maximum of twenty one dwelling units per acre called out in General Plan Objective 3.8, 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 3.8.1(a) of the General Plan, 45% 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. 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. 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 uneven and rugged in some portions of the site however, the site is located in an area that is capable of providing access to all urban services 5 Planning Commission Staff Report September 27.2006 Case:5.0961-MAJ/TTM 32071 Page 6 of 9 and utilities, including the City's circulations systems. South Palm Canyon Avenue which is a major thoroughfare is situated approximate 1,220 feet west of the site. d. The site is physically suited for the proposed density of development. The proposed 6.8-acre project site can accommodate 90 residential units without significant grading, and encroachment into the hillside areas of the site to the south. The northerly portion of the site abuts improved public street with existing utilities, and the site is situated in an area that will allow 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 December, 2003, 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. 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 and emergency access to the project. Furthermore, the proposed drainage system is designed to properly function and at the same time provide protection for the developed area while retaining storm water on site. 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. The applicant has proposed to dedicate 30 feet of the property to the City for the improvement of the frontage of Mesquite Avenue. ENVIRONMENTAL. ASSESSMENT Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Environmental Initial Study was prepared for this project. The Mitigated l`)z,^q Planning Commission Staff Report September 27,2006 Case:5 0981-MAJ/TTM 32071 Page 7 of 9 Negative Declaration is attached to this report. The Mitigated Negative Declaration found the environmental impacts of the proposed project to be less than significant with the following mitigations: MM 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 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 II1.3 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 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 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. 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 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 Cafiente 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 i - IIln1/1�9 7 Planning Commission Staff Report September 27,2006 Case 5.0981-MAJ/TTM 32071 Page 8 of 9 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 X11-3 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 westerly 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 western 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 east side of the location, 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 Mesquite Villas prepared by Mestre Greve Associates, dated May 14, 2002, unless it Planning Commission Staff Report September 27,2006 Case:6,0981-MAJ!TTM 32071 Page 9 of 9 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 that all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush. CONCLUSION The proposed residential development meets and exceeds the land use and development standards of the R-3 district. Furthermore, the Architectural Advisory Committee (AAC) reviewed the site layout and the architectural design of the project and unanimously recommended approval of the project to the Planning Commission. Therefore, staff is recommending approval of the proposed project subject to the attached conditions of approval. NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property/adjacent property owners. As of the writing of this report, staff has not received any public comment. 1, E and O. ertson rai A wing CP Pr ncipal Planner Dire or of PlaQJ g Services ATTACHMENTS: 1. Vicinity Map 2. Reduced Site Plans and Architectural Elevations 3. Draft Resolution / Conditions of Approval 4. Draft Mitigated Negative Declaration (DMND) 9 City of Palm Springs Planning Commission Minutes of September 27, 2006 C MarantZ commented that the alley has been there for a Ion ood con wever she is concerned with the under groundi s. Further discuss) made relating to the he alley. M/S/C (Scott/Hutcheson, sent/Vice Chair Hochanadel) To recommend approval of Tentative 3 to City Council; and approve Case 3.2934, subject to Cond' ' pproval; with wing revision to Condition #95, "All utility lines to b d to covenant." Chair Hochanadel re-entered the council chamber at 7. Case 5.0981 MAJ ! TTM 32071 - An application by Marshall Ininns Design Group (Mesquite Villas 03) to subdivide approximately 6.8 acres for a condominium map and to construct 90 condominium units along the south side of Mesquite Drive, Zone R-3, Section 22, APN 513-300-045 and 048. (Project Planner: Edward Robertson, Principal Planner) Chair Marantz stated she has a business related conflict of interest and would not participate in the discussion and vote. She left the council chamber at 2:52 p.m. Principal Planner, Edward Robertson, gave background information as outlined in the staff report dated September 27, 2006. Commissioner CafFery indicated he could have a potential conflict of interest and would abstain from the discussion and vote and left the council chamber at 2:55 p.m. Vice Chair Hochanadel opened the Public Hearing. Marshall Ininns, architect, stated that they are in compliance with the conditions, gave additional information and answered questions from the Commission. Denny Schallock, Palm Springs, lives adjacent to this project, stated that this site is on a wash and indicated the dust and noise would be a health hazard to the elderly. Judy Hall, Palm Springs, lives to adjacent to this project, concerned with the quality of air, view, water and the access on Mesquite. There being no further appearances, the Public Hearing was closed. Commissioner Ringlein requested clarification on the hours of construction and noise and dust mitigation. 5 City of Palm Springs Planning Commission Minutes of September 27, 2006 Director of Public Works, Dave Barakian, gave further clarification on the hydrology study and the water run-off. He spoke in further detail regarding Engineering Condition 434, relating to the requirement of debris basin on allottee land. Commissioner Ringlein thanked the applicant for their sensitivity towards mountainous areas and for not adding walls and gates to the development. M/S/C (Ringlein/Scott, 5-0, 2 absent/Caffery/ Chair Marantz) To approve the project architecture and recommend approval of the condominium map to the City Council. Chair Marantz and Commissioner Caffery reentered the council chamber at 3:17 p.m. A recess was taken at 3:17 p.m. �0- The meeting resumed at 3:31 p.m. Case 5.1042 PD 311 / TTM 33514 - An application by South Palm Canymp agent for Wayne & Fiances Lee, for a proposed Planned Develo t Di to allow the development of 125 condominium a and appro ely 39,000 square feet of commercial space on an oximate 2.67-acre' ocated at 450 - 490 South Palm Canyon Dr' one C-B-D, Section 15, 13-214-004, 005 and 513-214-010, 01, oject Planner: Edward Roberts ncipal Planner) Craig A. Ewing recommende\ roject be contin o the meeting of October 11th because the Environmen pact is currently under the Comment Period. Principal Planner, Edward Robertson, and information as outlined in the staff report dated September 27, 200 Chair Marantz stated Commis is Hochanadel, Go h nd herself have seen a visual presentation of this p t. Commissioner's Ringlein colt stated they have seen a presentation of project at the Main Street meeti d Open House. Commissioner Caffe ated he has seen the project presents . at the PSEDC meeting and the O ouse. Chair Marant ened the Public Hearing. Brian Li an, applicant, gave a visual presentation of the project. Ana alante, architect, stated the benefits of this project including revitalization o d own and the public amenities- 6 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CITY OF PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1. Project tille: Mesquite Villas - Case 5.0981 -MAJ /TTM 32071 2. Lead agency name and address: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 3. Conlacf person and phone number: Edward O. Robertson, Principal Planner (760) 323-8245 4. Project location: South side of Mesquite Avenue and West of the intersection of Belardo & Mesquite Drive 5. Project sponsor's name and address: Mesquite Villas,03, LLC (Marshall Ininns) 479 Ocean Avenue,Suite C Laguna Beach, Ca 92651 6. General plan designation: H43/21 (High Density Residential) 7. Zoning: R-3 (Multi-family Residential & Hotel Zone) 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 32071) and Major Architectural application for a residential condominium subdivision with 90 units. The proposal is to subdivide approximately 6.8-acre site into a condominium map served by internal private, loop streets within the property. The condominium map will contain 90 residential condominium units. The condominiums will be constructed as a mix of detached homes with individual, exclusive-use front driveways, front entries, and rear yards. Homes are proposed to range in size between approximately 947 and 1,464 square feet, with two-car garages, and will be two-stories in height. The private streets will have widths of approximately 25feei, and will have the appearance of conventional streets without sidewalks. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 Page 1 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Recreational areas wish swimming pool and Jacuzzi are provided within landscaped areas. The project will also have on-site storm woler detention basins in the lettered lot abutting the hillside areas. The project will not be gaied.. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Single-Family residence and the Indian Cultural Center South Mobile Home Park East: Vacant Hillside areas West: Mobile Home Park 10, Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None Mesquite Villas 03 initial Study/Mitigated Negative Declaration September 2006 ' Page 2 of 37 MESQUITE,VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE QECLARATION FIGURE 1 -VICINITY MAP N aDepartment of Planning Services w+E Vicinity Map S l O O Q J W m ee-R !r O 0 W Legend m r®' PrajeW Area I� aoo'Huffer A O Mesquite villas 03 Initial Study/Mitigated Negative Declaration September 2006 Page 3 of 37 MESQUITE.VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this 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 U5e/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Mesquite Villas 03 Initial Study/Mitigated Negative Declaration ;�. September 2006 Page 4 of 37 MESQUITE VILLAS 03 INITIAL STUDY MITIGATED NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant 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 significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 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 analyzed in an earlier document pursuant to applicable legal standards, 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 significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in on 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. tc�*" .1 Cl . & ' 0( Edw rd O. b rtson Date Prin ipal P16aKer Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 Page 5 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are odequately 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 that 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 os 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 significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effecl may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced on 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 than significant level (mitigation measures"Earlier Analyses;'as described in (5) below, may be cross-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 on earlier EIR or negative declaration. Section 15063(c)(3)(D)- In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where Ihey 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 applicoble legal standards, and state whether such effects were addressed by miligation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated;' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to 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 contacted should be cited in the discussion. �,-_ 0��11171 Mesquite Villas 03 Initial Study/Mitigated Negative Declaration 4 Y �M% September 2006 ,,,,,,.� Page 6 of 37 MESQUITE VILLAS 03 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 formal is selected. 9) The explanation of 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 Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 c' -M„' Page 7 of 37 MESQUITE VILLAS 03 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 El ❑ Elvista? b) Substantially damage scenic resources, including, but not limited to, trees, rock El El outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day of nighttime ❑ ❑ ® ❑ views in the area? a-c) No Impact. The project site is currently vacant and located near scenic vistas. The proposed project is for 9 separate two-story buildings with 90-unit residential condominiums. The buildings will have a height of approximately 23 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 are permitted within the City of Palm Springs. The proposed 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 state 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 night time views. The type-- of lighting proposed would be typical of a residential project 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. Mesquite villas 03 Initial Study/Mitigated Negative Declaration § September 2006 �,�-L-- Page 8 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less,Than Significant Potentially With, Los Than Significant , Mitigation Significant Impact Incorporated 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 ❑ ❑ ❑ use, or a Williamson Act contract? 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 Stolewide 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. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site. Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project is designated multi-family residential; the surrounding land consists of developed residential property. Implementation of the proposed project would, therefore, not result in conversion of farmland to non-agricultural uses. No Impacts to conversion of agricultural land will occur. o (y1�1i"�v Mesquite Villas 03 Initial Study Mitigated Negative Declaration F September 2006 ._ r, Page 9 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated 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 ® 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 state 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 Valley PMio Stale Implementation Plan (CVPMIo SIP). CEQA requires that projects be consistent wish 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 ore 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 ValleyPMia SIP and other applicable regional plans. 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 shot 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 7.4.2) program estimates maximum Mesquite Villas 03 Initial Study/Mitigated Negative Declaration �` S� September 2006 .~ Page 10 of 37 pM` MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION emissions from site grading, construction worker trips, stationory and mobile equipment, orchitectural 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 fireploces) and operalions (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. Table III-1 ESTIMATED EMISSIONS RESULTING FROM PROJECT CONSTRUCTION ACTIVITIES(POUNDS/DAY) Emissions Source ROG NO, CO PM+o Total Site Grading Phase -Fugilive Dust - - - 60.00 -Off-Road Diesel 8.99 65.74 71.31 2.97 -Worker Trips 0.08 0.13 234 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 - - -Worl(erTrips 0,85 0.48 10.23 0,15 Subtotal 64.20 0.48 10.23 0.15 Asphalt Paving -Off-Casing 0.48 - - - -Off-Road Diesel 504 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 ISO Threshold Exceeded No No No No Source:Endo Engineering,2005 The major air quality impacts resulting from project construction would be increased ROG, NO., CO, 502, and PMio emissions primarily from off road diesel, worker trips, off road diesel, and on road diesel. As shown in Table 111-1, thresholds would not be Mesquite Villas 03 Initial Study/Mitigated Negative Declaration .� w September 2006 Page 11 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 o 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 SCAQMD 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 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 Hondbook to mitigate construction-related air qualify 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 8.04230 and 8.04.240 of the Palm Springs Municipal Code (which address erosion control associated with grading projects and oullines 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. The 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. Mitigation Measures MM 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 PMIa Statc 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 o 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 Iwo 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. 'r y Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 ' Page 12 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 on-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of ihrough-traffic lanes. e) Less than Significant Impact. The project is not located in a high-density area, near a school, hospital, assisted living facility, or other facility that would house people with lowered immune systems. However a Mobile Home Park is located to the wesl, and south of the project site. 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 dissipales rapidly. Based on the short-term duration, rapid dissipation of construction emissions, and setbacks between the project site and adjacent residential areas, this impact is considered less than significant. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration ` September 2006 Page 13 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. 131OLOGICAL 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 ❑ ❑ El 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? d Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited El El to, 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 ❑ ❑ ElConservation Plan, or other approved local, 23 regional or state habitat conservation plan? A technical report was the basis for the following analysis and can be found in Appendix 8. 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 development to the west, and does not lie within the boundaries of federally protected wetlands riparian habitat. The grading of the project site can be expected to eliminate 6.8 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. l0t�5 � Mesquite Villas 03 Initial Study/Mitigated Negative Declaration ` September2006 n' l'. Page 14 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED 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, the 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 Volley Association of Governments (CVAG) has prepared a draft regional "Coachella Volley Multi-Species Habitat Conservation Plan" (CVMSHCP) that encompasses threatened, endangered, and sensitive species and their habitats. 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 ❑ ❑ Elsignificance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the El ❑ significance of an archaeological resource pursuant to" 15064.5? c) Directly or indirectly destroy a unique ❑ El ® ❑ paleontological 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 roncherias, occupied by the Cahuilla people, in the mid-19Th century_ Historical sources consulted for [his study suggest that no settlement or development activities took place in the vicinity of the project area until the late historic period, when the City of Palm Springs began its mid-20th century urban expansion. No historical resources were encountered during Tierra Environmental's survey. However, the potential for discovery of resources is possible throughout the project area. The Agua Coliente Band of Cahuilla Indians ore located near the area. Specific sites of known Q Cahuilla significance are located to the west and south of the City. It is known that the Agua Coliente Tribe inhabited parts of the Palm Springs area. However, the proposed project is a generally rugged vacant parcel. There are no Mesquite Villas 03 Initial Study/Mitigated Negative Declaration Y September 2006 „uy`�t Page 15 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION physical structures of historical note within the area proposed for development. Therefore, the impact is considered less than significant. 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 Environmeniol study. If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area Should be hulled 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 [here 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 consultalion, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the Qualified Archaeologisf 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. Mesquite Villas 03 Initial 5tudy/Mitigated Negative Dedarati0n nx September 2006 Page 16 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 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? ❑ ❑ ® ❑ hi) Seismic-related ground failure, including ❑ ❑ Elliquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑ topsoil? c) 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) I-lave 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? A technical report was the basis for the following analysis and can be found in Appendix D. a) i) Less than Significant Impact. The site is located within on active seismic area within approximately 7 miles (11.7 kilometers) of the San Andreas fault system. Well-delinealed 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 silo 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-exisling faults (Smith, Peroni & Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September2006 V'"�-'a.,;• Page 17 of 37 MESQUITE VILLAS 03 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 moss. In general, for the effects of liquefaction to be manifested at 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 480 feet above sea level. The site slopes gradually toward the southwest with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto the southerly portion of the site. The City of Palm Springs General Plan indicates that potential landslide hazard is primarily located in hillsides or mountainous areas of the City. However, 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 i 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 substanfiol 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. C) Less than Significant Impact. Ground subsidence from seismic events or hydro consolidation is a potential hazard in the Coachella Valley area. The elevation on the Mesquite Villas 03 initial Study/Mitigated Negative Declaration ` September 2006 (9Page 18 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION parcel is approximately 480 feet above sea level. The site slopes gradually toward the southWEst with storm runoff generally characterized as sheet flow interspersed by localized high and low points. d) Slone Instability The site is relatively flat, therefore, potential hazards from slope instability, landslides, or debris flow are considered negligible. Soil Uauefactlon See a. iii above. Ground Subsidence The potential for seismically induced ground subsidence is considered to be slight to moderate at or near the site. Dry sands tend to settle and density when subjected to strong earlhquake shaking. The amount of subsidence is dependent on relative density of the soil, ground motion, and earthquake duration. Uncompacted 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 that corresponds with the "very law" expansion category in accordance with UBC Standard 18-2. Therefore, no impact would occur. e) No Impact. No septic tanks or alternative wastewater disposal systems would be constructed as part of the proposed project. Therefore, no impact would occur. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration € September 2006 ,,'� Page 19 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED 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 ❑ ❑ ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §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 ❑ ❑ ❑ public 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? bl� a-b) Less then significant Impact. Currently the sile 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. w� Although small quantities of commercially available hazardous material could be used within the residential component, these materials would not be used in sufficient Mesquite Villas 03 Initial Study/Mitigated Negative Declaration u��,{t'`�)�) September 2006 • "'„ Page 20 of 37 MESQUITE VILLAS 03 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 materials during construction activities would occur in accordance with applicable Federal, State, and local laws including California Occupational Health and Safety Administration (CPIOSHA) 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 Permit. 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-impacts on the project site. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. As part of the building permitting 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 are no schools located within one mile of the project site. As described in Vll.a, the proposed project is the construction of residential development. The operation of the project would not result in the routine use of 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. e_ 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. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration 6a September 2006 Page 21 of 37 MESQUITE VILLAS 03 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. Less Than Significant Potentially with Le6s Than Significant Mitigation Significant Impact Incorporated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project, a) Violate any water quality standards or waste ❑ ❑ ® ❑ discharge 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 ❑ ® El (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 ❑ ❑ ® ❑ 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 on a federal flood Hazard Boundary or ❑ ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? ❑ ❑ ❑ i) Expose people or structures to a significant risk of9 loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or darn? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ A technical report was the basis for the following analysis and can be found in Appendix E. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration S S September 2006 (j ag Page 22 of 37 MESQUITE VILLAS 03 INITIAL STUDY MITIGATED NEGATIVE DECLARATION a) Less than Significant Impact. The project would include 90 condominium units in a private development. Construction al 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 that 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 substantially 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 7 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 rugged and level with adjacent properties. The elevation on the parcel is approximately 480 feet above sea level, The site slopes gradually toward the southwest with storm runoff generally characterized as sheet flow interspersed by localized high and low points. 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 t _ 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 Plon (SWPPP), which specifies Best Managemenl 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 woters. A Preliminary Hydrology Report was prepared by Jones, Cohl and Associates, dated July 23, 2004. All storm runoff generated on-site would be conveyed through the proposed Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 Page e23of37 5,,, ' MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE❑ECLAPATION on-site streets to catch basins, where underground storm drain pipelines would then carry the runoff to the subterranean retention basins. The total runoff storage capacity provided by the retention basins would suffice to store the incremental increase of storm runoff due to development. Furthermore compliance with all standards would ensure that potentially significant 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 facililies for the proposed development is sufficient to store the incremental increase of runoff caused by development. The proposed development of Tentative Tract 32071 meets the hydrologic requirements set forth by the Ciiy of Palm Springs. f) Less than Significant Impact. Construction at the project site could produce pollutants thot would have the potential to temporarily degrade the qualify 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 activities. Therefore, compliance with all BMPs would ensure that potentially 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 io 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. i) 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. j) No Impact. A tsunami is an unusually high sea wave, (more precisely, a series of waves), of local or distant origin thal results from large-scale seafloor displacements associated 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 damage would be anticipated, as these features are nol of sufficient size or depth to hove a major destructive potential. There are no flood control/desilting 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 are located in the vicinity of the City of Palm Springs. Therefore, no impact would occur. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 Ly Page 24 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Legg Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 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 ❑ El Elplan, 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 El El Elplan or natural community conservation plan? a) No Impact. As previously stated, the surrounding land use to the east and north of the project site are residential. The project site is a vacant 6-8-acre parcel of land. The proposed project is for the construction of 90-unil condominium complex. 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 consistent with the goals and objectives of the H43/21 (High-Density Residential; up to 21 units/acre) General Plan designation for the subject property. The proposed density of approximately 132 dwelling units per acre, or 6,450 square feet per unit is within the threshold of fifteen and maximum of twenty one dwelling units per acre called out in General Plan Objective 3.5a. Additionally, 65 percent of the lot area will be 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 considerafion, but has not been adopted as yet by the City of Palm Springs. Therefore, there would be no impact to the natural community. t. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration Soot September 2006 Page 25 of 37 MESQUITE VILLAS 03 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 El ❑ ❑ 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 impacf to mineral resources would occur. Less Than Significam Potentially with Less Than Significant Mitigation Significant Impact Incorporated 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 El ® ❑ general plan or noise ordinance or of applicable 11 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 ❑ ❑ ❑ ® rr people residing or working in the project area to excessive noise levels? f) 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? Mesquite Villas 03 Initial Study/Mitigated Negative Declaration s September 2006 r Page 26 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 past 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 io noise sensitive receptors located along the roadways utilized for construction as well as to residences east of the project site. Although there could be a relatively high single event noise exposure potential with 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 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 temporary in nature. The loudest construction equipment used during construction hours would be earth-moving equipment including bulldozers, bnckhoes, tractors, trenchers, front loaders, jackhammers, and rotod(lls. 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. Mitigation Measures 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. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration `t September 2006 • � Page 27 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 equipments 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- Milli 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 construclion equipment shall be placed such that emitted noise is directed away from noise-sensilive 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 Ste Regulations (Chapter 8-04,220) also idenlify 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 qualify 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 the project site unless it can be demonstrated to the satisfaction of the Director of Planning Services by a qualified noise consullant that the measures have been made unnecessary. MM XI-10 Adequate ventilation in the form of mechanical ventilation systems shall be provided for homes unless it can be demonstrated to the satisfaction of the Building Official by a qualified noise consultant that the measures have been made unnecessary. e-f) No Impact. The project site is located more than 5 miles from Palm Springs International airport and therefore, may be subject to noise from airplane overflights. However, the noise exposure is estimated at between 45 to 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 on airport land use plan or within the vicinity of a private airstrip its impact on the overall noise exposure at the project site is- less than significant. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration S September 2006 Page 28 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XI I. POPULATION AND MOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and 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? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ IR housing elsewhere? a) Less than Significant Impact. The project would include 90 condominiums in a private development. This would be an increase in the current population. The project would accommodate approximately 180 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. b-c) No impact. The proposed project site is a vacant parcel. Therefore, no existing popula lion or housing would be displaced. Less Than ' Significant ' Potentially with Lus Than Significant Mitigation Significant Impact Incorporated 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 limes or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® ❑ c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ Mesquite Villas 03 Initial Study/Mitigated Negative Declaration 6� September 2006 .' :-. Page 29 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 approximately 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 approximately 0.9% 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 are considered less than significant. b) Less than Significant Impact. The increase in population from the proposed project is not likely to result in impacts to the City's Police proteclion 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 the impacts 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 City's General Plan there are approximately 130 acres of City-owned and developed park land within the City. The General Plan states 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 environmental 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. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 ^ Page 30 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially Wth 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 ® ❑ recreational facilities, which mighl have an adverse physical effect on the environments? a-b) Less than Significant Impact. The project would include 90 condominiums in a private residential development. The project would include private rear yards. It is anticipated that any new residents could cause increased demand for use of recreational facilities and public parks, the proposed project would result in an approximately 0.7% population increase to the iota] 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 impacts are considered less than significant. a .., Mesquite Villas 03 initial Study/Mitigated Negative Declaration September of 06 37 G„p �, Page 3 t of 37 MESQUITE VILLAS 03 INITIAL STUDY I MITIGATED NEGATIVE DECLARATION f,;'A' !A � ji �Ign MP V. TRANS PORTATIONITIZAIFFIC. 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 in a substantial increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion ai. intersections)? IS) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated 11 0 roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in El L1 ❑ IR location that results in substantial safely risks? d) Substantially increase hazards due to a design feature (e&, sharp curves or dangerous intersections) or incompatible uses (e.g., farm 0 El ❑ 0 equipment)? e) Result in inadequate emergency access? El El 9 El f) Result in inadequate parking capacity? El El 0 0 g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus El EJ 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 wish no significant impacts related to its projected 420 overage daily trips- C) No Impact. The proposed project would not affect any air traffic paitems 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 Fire Department and City Engineer will review the entry design including widths or ingress and egress lanes to ensure that there is adequate emergency access. With the implementation of the projoct's conditions of approval, this impact is considered less than significant. MesquiteVillas 03 Initial Study/Mitigated Negative Declaration September 2006 0 Page 32 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION f) No Impact. The project proposes to place homes along interior streets. Pursuant to Section 93.06.00 of the zoning ordinance, the project is required to provide 139 parking spaces based upon required spaces for the units and guest parking spaces- The project proposes to provide 142 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 and it is not likely that the project would conflict with any adopted plans or policies supporting alternative transportation. irk a.:. „" ,,•:rotential .,y, , ,W it Tliair..,i; `•i[^"- ,.5)r.'.fie'a "�`olio'. '.5.,,• _ `,r pw q�',y* ••o, gnr 7t� ;Md g n�• , .Significant". ad+�' ilnen nratetl""' :1`H' . ^•o'"Irii c'ae: XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El El El 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 ❑ ❑ ® ❑ facilities, 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 (hat it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand, in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ® ❑ disposal needs? g) Comply with federal, state and local statutes and El ® ❑ regulations related to solid waste? a) Less then Significant. The proposed project would provide connections for 90 residential units io the.existing wafer and wastewater infrastructure. The project would convey wastewater generated by the project to the Palm Springs WWTP_ b) Less than significant. Based on water demand for the proposed project as described in XVI.a. The DWA has sufficient wafer 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 Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 Page 33 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION water service to the site. Water service requirements may include, bul 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. c) Less than Significant. The City requires drainage acreage fees for implementation (construction) of the Master Drainage Plan on development projects so the City 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 miligotion is incorporated. Mitigation Measures MIA XVI-1 Use of low water landscaping which would in include on 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. 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 approximately 2 lbs. of waste per day, the proposed project would produce approximately 1300 Ibs of waste 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 AB 1327, Chapter 18 (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. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 of Page 34 of 37 MESQUITE VILLAS 03 INITIAL STUDY MITIGATED 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 planls 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 within 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 necessory 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 earth-moving operations associated wilh 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. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration �^ � ,`• September 2006 Page 35 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b) Less Than Significant with Mitigation Incorporated. The project would be consistent with the City's Generol Plan and would not create any potentially significant impacts. The proposed project is for 90 residential condominiums within a private residential 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 groded. The implementation of the mitigation measures identified in this document and adherence to basic regulatory requirements would fully mitigate the project's contribution to cumulative impacts. • c) Less Than Significant Impact. The preceding discussion has outlined the potential impacts and mitigation measures to reduce those impacts to less than significant. Therefore, the proposed project would not have any direct or indirect adverse impacts on humans. Mesquite Villas 03 Initial Study/Mitigated Negative Declaration September 2006 „' Page 36 of 37 MESQUITE VILLAS 03 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES 1) City of Palm Springs. City of Palm Springs Draft Environmental Impart Repori. December 1992, 2) City of Palm Springs. City of Palm Springs General Plan. 1992. 3) City of Palm Springs. City of Palm Springs Zonng Code. 2004. 4) City of Palm Springs. Citywide Historic Resources Survey, June 2004, 5) Government Code Section 65962.5(f), "Hazardous Waste and Substances Stalement", 6) South Coast Air Quality Management Districi. CEQA Air Quality Handbook. 1993. 7) Riverside County Airport Land Use Commission. Riverside County Airport Land Use, Compatibility Plan. October 14, 2004. 8) Jones, Cahl and Associates. Hydrology and Hydraulic Study for Mes uite Housing project. September 20, 2004. 9) Tierra Environmental Services, Inc. Cultural Resource Survey Report for the Mountain terraces dated. December 2003. 10) Tierra Environmental Services, Inc. Gengral_Biological Assessment for 6.8 acres in the CHV of Palm Springs in Riverside County California. May 5, 2004 Mesquite Villas 03 initial Study/Mitigated Negative Declaration ` September 2006 `�"�'�''�`,,• Page 37 of 37 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE: 5.0981— MAJ /TTM 32071 (MESQUITE VILLAS 03) SOUTH SIDE OF MESQUITE AVENUE AND APPROXIMATELY 990 FEET WEST OF BELARDO AND WEST MESQUITE AVENUE, ZONE R-3, 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 18, 2006. The City Council meeting begins at 6:00 pm, 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 Major Architectural Approval and a Tentative Tract Map (TTM 32071) to subdivide approximately 6.8 acres for a condominium map and construct 90 condominium units along the south side of Mesquite Avenue, approximately 990 feet west of the intersection of West Mesquite Avenue andBelardo, Zone R-3, 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][2]). 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, Principal Planner, Planning Services Department, (760) 323=8245. Si necesita ayuda con esta carta, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. Jgfnes Thompson, City Clerk L' ,J N Department of Planning Services vv+E Vicinity Map s x o Of w m 0 a w L: Legend Projoct AYBa I� 400'Buffer o CITY OF PALM SPRINGS CASE NO: 5.0981-MAJ DESCRIPTION: To consider an application by Marshal TTM 32071 Ininns Design Group to subdivide approximately 6.8 acres for a condominium map and to construct 90 APPLICANT: MESQUITE VILLAS 03 condominium units along the south side of Mesquite Avenue, Zone R3, Section 20. APN: 513-300-046, 513-300-048. PROOF OF PUBLICATION 'Phis Is space for County Clerk's Filing Stamp (2015.5.C.C.P) No 3220 NOTICE OF PUBLIC HEARING CITY COUNCIL ' CITY OF PALM SPRINGS CASE:5.0961- MAJ/TTM 32071 (MESQUITE VILLAS 03) STATE Of CALIFORNIA SOUTH SIDE OF MESQUITE AVENUE AND County of Riverside APPROXIMATELY 00 FEET WEST OF BELARDO AND WEST MESQUITE AVENUE, ZONE R-3,SECTION 2ti. NOTICE IS HEREBY GIVEN that The City Council of the City of Palm Springs, CaIfernla,will hold a puellc hearing at Its meeting of October I 2006, The City Council meeting Begins at 5:00 pm In the Council Chamber at C ty i-all,3200 East Tah- _gdit Canyon Way, Palm Springs. I am a citizen of the United States and a resident of The purpose-of Ohm'hpabng Is ro consider an ap� the Count aforesaid; I am over the age of eighteen ppucauon n yt Marshal p?avol aigd a T Group,forYr y g g Maier on or AppPoVAI and u Tcnlahve f ract years,and not a party to 0r interested in the -- Map (TTM 32071/40 subdivide approximately O,a_ acres for a conlinInlum map and construct 90 above-entitled matter. I am the principal clerk of a condeminlum units along the cum side or Mea- qults Avenue, a roxlmately 990 foot west of me printer of the,DESERT SUN PUBLISHING Intersection of tst Mesquite Avenue and Belor- COMPANY a newspaper of general circulation, do, zone R-3, Section 20 printed and published in the city of Palm 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 I.. - o than nun pariel,has been published in each regular f'� i and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: _ ll October 7"',2006 ENVIRONMENTAL DETERMINATION: —_— "----------_ ....--------— H TION: A Draft All in the year 2006 Mitigatedproject Negative Declaration was % ared nor y this pro act under the guidelines of the ill be re- viewed by the City y Act CEOh and will be re- viewed by the Clly Councl) at the hearing Men- 1 certify(or declare)under penalty of perjury that the tiers of the public may view tNs document at the Planning Sorvices Department, City Hall,- foregoing is true and correct. Last Ta %itz Canyon Way, Palm 5ponthe City submit written comments a, or p y .Council hearing. Dated at Palm Springs,California this-- 10"',--day REVIEW OF PROJECT INFORMATION:The slalf report and other supportinq docum,nts regardin0 protect are al::b avallabl6Yor pubsc review at of---------Octola -----s-----........ T this,2006 City 1.1 a I between the hours of 8:00 a.m and attic pp,,,,Monday through Fridayy please contact the 0111ce of the City Clerk at NO).323-8204 If you would like to schedule an appointment to review these documents. CA COMMENT ON THIS APPLICATION: Response _---.-._ to this nonce may be made verbally at the Public 1 Healing and/or In writing before the hearing Wr"- Signature ten comment* may be made to the City Council by latter(for mail or hand delivery)to; 7_ James Thompson Cityy Clark 320 alm ul Springs.Cnn92262 aY n c L, — _-- Any challenge of the proposed se issues m court �� may be limbed a raising only those issues raises aT the public hearing described in this nonce or L in written correspondence delivered to me City Clerk it, or prier, to the ppublic hearing (Govern- -D -u ment Code Section 65009[b]I21), c -r An epportunity will be given aT said hearing for all © Interested persons to be heard.Ouestions re 1rd- - N ag this case may be nor Planning to Edward O.Rob- partme Prinelppal Planner Planning Services CC- `� partmant, (7e0) 323-82est I 3i Ciudad ay Pa con esta caM1a,portavor[lame n In Ciudad de Palm Springs y p12,e hablar con Nadine Prager telefono (7b0) a23-8245. James Thompson, CIry Clerk Publiahud: 1OR12006 ao�p A L M S,p� ' City ®f Palm Springs * * Office of die City Clerk * coc,o•q.ro."'• ' 3200 E.Tthquitz Canyon WRY • palm Springs, California 92262 0' �P O Tel: (760) 323-8204 • Cap (760) 322.8332 • Web: www.ei.palm-springy;s ca us RN 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 Major Architectural Approval and a Tentative Tract Map (TTM 32071) to subdivide approximately 6.8 acres for a condominium map and construct 90 condominium units along the south side of Mesquite Avenue, approximately 990 feet west of the intersection of West Mesquite Avenue and Belardo, was mailed to each and every person set forth on the attached list on the 6nd day of October, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (47 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 6a' day of October, 2006. AMESTHOMPSON City Clerk /kdh H:\USERSIGCLK\Hearing Nobces\P.f idavit-Mesquite Vlllas 03 10-18-06.doc Posr Office Box 2743 0 Palm Springs, California 92263-27,113 �pA�MSa City ®f Palm Springs Office of die Ciry Clerk 3200 6 Tahquirz.Canyon VLy • Palm Springs, California 92262 TI l- (760) 323-8204 • Fix. (760) 322-3332 ° Web: www.cl.palm•spnngs ca us q�/PORN October 6, 2006 Ms, Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting —October 18, 2006 Mesquite Villas 03 — Case 5.0981 (subdivision to build 90 condominium units) The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on October 18, 2006. Enclosed are five (5) 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: 513-250-024 513-250-025 513-300-045 513-300-039 513-250-022 (Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, Il�ah� Kathie Hart, CMC Chief Deputy City Clerk /kdh hi U5EMC�LMHcadng Nohcc*lPHN W 6V-Marshal Ininn;10-04-06.doc Encl: Public Hearing Notice (5 copies) Postage Paid Envelopes (5) �41f1r''r_1 Post Office Box 2743 • Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Case 5.0981 PD 289,TTM 32071 MS APRIL HILDNER MR TIM HOHMEIER Mesquite Villas 03 (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting-10.18.06 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN PLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MS LAURI AYLAIAN MR PETE MORUZZI HISTORIC TENNIS CLUB ORG MODCOM AND PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HISTORIC SITE REP 1 1 1 PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE 5.0981 PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 506 W.SANTA CATALINA ROAD VERIFICATION NOTICE I I 1 PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 I I I INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MR MARSHALL ININNS JONES, CAHL&ASSOCIATES —^—••—••-•• •-----•----- MESQUITE VILLAS 03 CIVIL ENGINEERS SPONSORS I I 1 _ 479 OCEAN AVENUE,#C 15090 BEACH BLVD,,#12 LAGUNA BEACH, CA 92651 HUNTINGTON BEACH, CA 92648 MR CHRIS FINLAY PALM CANYON DEVELOPMENT 30 WEST WYOMING AVENUE LAS VEGAS, CA 89102 s. 07Pi P-b / .��� 9P�1_ Si3 - 3vv - aid 009-603-237 009-608-516 009-702-273 EASTERN SHORES MOBILE VILLAGES COACHBLL ALLEY DEV INC4)-1 HOME FIN CORP 393 W MESQUITE AVE 1655 FO ER DR 13TH PO BOX 2337 PALM SPRINGS,CA 92264 A"TON,VA 22209 RANCHO MIRAGE,CA 92270 009-702-298 009-703-948 009-704-761 FREEDMAN�IAIvt pl DENNI � SAVERIANO.JOSEPH 1250 AMP LAN PACIFIC DR 514 312 RBLE 633 CAMEO DR HEND SON,NV 89074 M SPRINGS,CA 92262 PALM SPRINGS, CA 92264 009-704-939 / 009-704-942 009-704-943 KOEPSEL rT IZA JACKSON LUCILLE BORINSKY MANNY P 226 ST,pNt TER 316 MARBLE LN 322 MARBLE LN PA SPRINGS,CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 009-705-934 009-706-230 n � 009-709-138 LYONS MICHAEL KELLY 'THEW E / ' I ROGERS NANCY J 215 STONE TER 903 G DR 513 JADE LN PALM SPRINGS,CA 92264 P SPRINGS, CA 92264 PALM SPRINGS,CA 92264 009-710-791 009-713-643 009-714-310 SCULLY LAURIE FUCHS JULIUS MURDOCK JAMES A 600 CAMEO DR 124 VALLEY DR 703 SCENIC VIEW DR PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92262 009-715-471 009-718-111 009-719-725 GIBSON WILLIAM KAUFMAN HOWARD RICHARDSON WILLIAM C 12300 LA MAIDA ST PO BOX 1902 118 VALLEY DR VALLEY VILLAGE,CA 91607 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92264 009-719-726 009-720.885 009-721-175 PALANJIAN MICFLAEL MANG EROY B t�-fj LOPEZ DONNA 426 ONYX DR 530 E LN 227 STONE TER PALM SPRINGS,CA 92264 PICM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 513-250-009 513-230-023 513-250-024 COUNTY OF RIVERSIDE USA 513 USA 513 0- 3133 7TH ST 400 W MESQUITE AVE, RIVERSIDE,CA 92501 PALM SPRINGS,CA 92264 513-300-034 513-300-036 045 LAMB CLIFTON G TAHQUITZ CANYON TRAILER PARK INC USA 513-300- 00- 23961 CRAFTSMAN RD H PO BOX 3828 513 CALABASAS,CA 91302 BEVERLY HILLS,CA 90212 ' 513-300-046 513-300-048 513-250-022 MESQUITE VILLAS 03 MESQUITE VILLAS 03 USA 513 479 OCEAN AVE B 479 OCEAN AVE B LAGUNA BEACH,CA 92651 LAGUNA BEACII,CA 92651 1 513-250-025 513-250-042 513-300-039 CITY OF PALM SPRINGS USA 513 USA 513 PO 13OX 2743 PALM SPRINGS,CA 92263 513-300-043 GALWAY TRUST 23679 CALABASAS RD 663 CALABASAS, CA 91302