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10/25/2006 - STAFF REPORTS - 1.A.
} SOUTH PALM CANYON ❑ D❑ N N E L L ESCALANTE ARCHITECTS 121 S. PALM CANYON STE 222, PALM SPRINGS _/,. G2262 Agave desneE[Iara Hssp era Ioe pa r✓i r lora I A cc oaraboe�sls Ma CANYON DRIVE II II•_:. I IF fri I LF PI IF i I i 71I-h n J >ar0'nd domeeUCa ' R IN / I of � O �I Z Q Q T K ❑ ASSOCIATES. INC. SOUTH PALM CANYON PM,I SIRING5 fAllfOxnrA _ _ _ _ + r II a 1 E 1 rA.a '"r.•a3i� i ..� I_'II- _ 4 `- GR011Nm iEVELAzM �7 bu --AylwI I I I I_II ira daf�-perr..z Ja smrro'de. r j - r 4-31 T_ L do Ldnd rncntevidersls r -- —I 's ;• I }� I - '- -- - I PALM CANYON DRIVE -_i rOFDA1I < a. } • • I I x i 1 ---�� — _ _'- _ --------------_- - 1 RosRarlrus oFrlc fnaiU - I -- I - I I I LEO= 3j -" Crc a Gc mr Rb J er' I�=n_I y{[.go o_v - r- Co [n ti.�. j`.c: =_xi c rr:y g c JSc c•1 nr •._r- cr: a]-s [n,= o,¢ .. l'S• - -.:y a c[I - Cc. s. 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I � II :Xa ?J1YI Kin U'11 • Page I of I Craig Ewing From: Rob Hervey [RHervey@Nonhmarq com] Sent: Wednesday, October 25, 2006 2:21 PM To: craig.ewing@palmsprings-ca.gov Subject: South Palm Canyon Mixed Use Project - Linnekens/Herscu Dear Craig, The purpose of this email is to let you know that I endorse this project and hope that it is met favorably at tonight's city council meeting. Unfortunately, I am unable to attend and speak; however, I did not want to let the opportunity to support the project pass without comment. I am a commercial mortgage banker who has worked with the developers for more than 13 years, raising capital for their projects. They build high quality projects and are well received in the communities. The plan that is being considered for approval is one that will significantly enhance the site and the downtown environment. It is well thought-out and addresses the issues that have been brought to light by the citizens. Thank you for considering my comments in your recommendation. Rob Hervey NorthMarq Capital 500 Newport Center Drive, Suite 650 Newport Beach, CA 92660 (949) 717-5210 office (949) 729-4620 facsimile www.northmarq.com Electronic Privacy Notice This e-mail, and any attachments, contains information that is confidential and proprietary in nature. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner. Instead, please reply to the sender that you have received this cominunication in error, and then immediately delete it. Virus We believe but cannot guarantee that the e-mail is virus free prior to leaving our computer system. Please take necessary measures to ensure that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems. Thank you for your cooperation_ 10/25/2006 kl�AbroA \'porn 1� 4� _90 West Amadn Rnad:.,':eim Spru:gh, (.A cr33c,2,--'760-325-(577=- 7,':—X 760335.5549 r� J619 Pwjns0j t ,i.I I •',nmm, , trPr�r i %ecimve C:nmmc. ,Tee TI�71 GUPJS]]t I'll ,11I T11 R0.11:in P�,.nb �p I lug .ilu:u-k 11,1urwu l,lll�l,b OL I'i I I'TI.II II I �I of cccn i:ri c-i:yan Tudd Hooks \m Pn•d pi \ irr Pn •nl, in \ Y•. hn •I, lI �,I ,V ftSurie �I uti:4[es "'I CL -I'R e,^t Directors Allen Mic:vic1 Brpnm .luu C.aLeVY Jim Dunn Tim Ellis Jr:i Go'aule LDan Jessup C:,+cy Jones Bill CCa'lmni Child, Kloc Iv. aurec❑ llkrcun, Simon Il���l(V IMi V[C41V St�ti c� VP�arf, CaC11V S,an Horn Wednesday, October 25, 2006 Mayor Ron Oden Mayor Pro Tem Ginny Foat Council Mernber Mike McCulloch Council Member Chris Mills Council Member Steve Pougnet The Board of Directors of the Patin Springs Chamber of Cormmerce is in support of the The Pahn Canyon LLC, Brian Lirmekens project, located at 450-459 South Palm Canyon Drive. The Board supports responsible growth and the revitalization of Palm Springs, and is confident this project addresses both areas with quality and vision. The Palm Springs Chamber of Commerce encourages the Council to approve this project. Respectfully, The Palm Springs Chamber of Commerce Board of Directors Yin ivinski, CEO �vb.cic i s Palm Springs � 7 Avg° October 25, 2006 Mayor Ron Oden City Council Members City of Palm Springs Re: The Palm Canyon Project Dear Mayor Oden and City Council Members: The Palm Springs Economic Development Corporation's Project Review Committee has reviewed the plans for "The Palm Canyon" and finds it to be an outstanding project for downtown Palm Springs - We believe The Palm Canyon Project demonstrates positive revitalization for the City of Palm Springs and is well within the "Downtown Urban Design Guidelines" View corridors, pedestrian walkways, outdoor dining, gathering areas and sleek modern architecture will frame the south end of our downtown. Mr. Linnekens and The South Palm Canyon LLC group have displayed sensitivity to the concerns of the citizens of Palm Springs. They have brought forward a project that will bring responsible revitalization to our community. The Palm Springs Economic Development Board of Directors continues its concerns about responsible economic growth and urges the City Council to stay on course and move this project forward. R,.esspec�tf�ulily, Edward Torres President PSEDC Post Office Box 3205 — Palm Springs, CA 92263 / 760-325-1625 / Fax. 760-325-6117 V/'r �• ' " J Vac ✓B oALM CITY COUNCIL STAFF REPORT DATE: October 25, 2006 z m PUBLIC HEARING 0 SUBJECT: THE PALM CANYON LLC, BRIAN LINNEKENS -- CASE NO, 5.1042 PLANNED DEVELOPMENT DISTRICT 311 AND TENTATIVE TRACT MAP 33514 FOR THE DEVELOPMENT OF 124 CONDOMINIUM UNITS AND APPROXIMATELY 39,000 SQUARE FEET OF COMMERCIAL / RETAIL SPACE ON 2.67 ACRES, LOCATED AT 450-490 SOUTH PALM CANYON DRIVE. FROM: David H. Ready, City Manager BY: Department of Planning Services The City Council will consider a proposed mixed -use development consisting of 124 condominium units and approximately 39,000 square feet of commercial space on an approximately 2.67-acre parcel within the downtown area. The project includes a Planned Development District to establish design standards and guidelines, and a Tentative Tract Map for a condominium map. A Final Environmental Impact Report (FEIR) has been prepared for the proposed project. The City Council will consider the certification of the FEIR. 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, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), AND APPROVE CASE NUMBER 5.1042, PLANNED DEVELOPMENT DISTRICT 311, AND TENTATIVE TRACT MAP 33514 FOR THE SOUTH PALM CANYON LLC, BRIAN LINNEKENS, A PROPOSED 124 CONDOMINIUM UNITS COMPLEX WITH APPROXIMATELY 39,000 SQUARE FEET OF COMMERCIAL SPACE ON 2.67 ACRES LOCATED AT 450-490 SOUTH PALM CANYON DRIVE." 0 M m r O m z .rfi , 1 1!W11 City Council Staff Report October 25, 2006 5.1042-PD-311.TTM 33514 3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 311, FOR THE 2.67 ACRE PROPERTY LOCATED AT 450-490 SOUTH PALM CANYON DRIVE" n PRIOR ACTIONS: Z On February 21, 2006, the Architectural Advisory Committee (AAC) reviewed the Z project for the fourth time. The AAC members made a number of favorable comments ill regarding the new site layout and the new architectural design of the project. By a vote of 5-0-2 (Lance O'Donnell and Don Wexler abstained), the AAC recommended approval of the project to the Planning Commission. The AAC also recommended that as part of the final Planned Development District submittal, that the applicant bring back detailed plans for the Committee's consideration. O The Planning Commission considered the proposed project at its regularly scheduled M meeting of September 27, 2006. At that meeting, staff recommended to the Commission to take testimony and presentations and continue the public hearing to the meeting of C October 11, 2006, in part to allow the 45-day review period of the Draft Environmental m Impact Report which ended on September 28, 2006. r On October 11, 2006, the Planning Commission considered the project for the second 0 time and by a vote of 7-0 certified the Final Environmental Impact Report; approved the project architecture and Planned Development District 311. STAFF ANALYSIS: m The proposal is for a mixed -use development that will be located within a fully Z developed section of the downtown district of the City. The proposed site is an approximately 2.67-acre land bounded by South Palm Canyon Drive to the west, Indian Canyon Drive to the east and Ramon Road to the south. The existing buildings on the site totaling approximately 47,000 square feet in size will be demolished to make room for the new project. The immediate areas surrounding the location are fully improved with streets, curbs, gutter, sidewalks and landscaping. There are commercial and retail uses within the N immediate vicinity of the site. To the north of the property, there is a two-story bank building along with other small unit retail stores, to the west along Palm Canyon Drive, there is an existing three-story commercial establishment with subterranean parking structure and to the east there is an existing retail complex as well. The site is identified as the southern gateway for the downtown area in the Downtown Design Guidelines. 0 The project is proposing commercial and retail spaces on the ground floor fronting on ^i South Palm Canyon and Ramon Road, with residential units featured above. The proposed buildings will be five stories, and approximately 56 feet in height. The heights City Council Staff Report October 25, 2006 5.1042-PD-311.TTM 33514 will vary at some locations as the elevations steps away from the sidewalks and roadways. The maximum building height allowed within the downtown area is 30 feet. However up to 60 feet can be allowed under the high-rise provisions of the Zoning Ordinance. The applicant has applied for a relief from setback standards associated with high-rise buildings through a Planned Development District application. A Planned Development District is also needed for this project so that relief from the development concept and standards within the Central Business District can be achieved. Pursuant to Section 94.03.00 (Planned Development District) of the Zoning Ordinance, the Planned Development District is intended to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. In this project, the applicant is requesting deviations from height limit requirements, setbacks and parking standards. Detailed analyses of the proposed Planned Development District are provided 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. The proposed Tentative Tract Map is consistent with the proposed project, and will create a single lot on which all units will be located, typical of a condominium map. Public Benefit As a Planned Development, the project may be subject to the provision of a "public benefit', as recognized by the Palm Springs General Plan.' No specific public benefit has been offered by the applicant; however, it has been asserted by the applicant that the project itself will constitute a public benefit by providing the southern anchor of the proposed downtown revitalization effort. The City Council has not adopted a policy for determining an appropriate Planned Development public benefit. In past project decisions, public benefits have ranged from dedications of right of way and landscape improvements to increased on -site amenities and public access. Given the nature of the proposal as an in -fill, mixed -use project, traditional dedications of on -site open space or other amenities may not be appropriate. The Planning Commission imposed a condition of approval (condition No. 28) that leaves the determination of contribution of public benefit to the City Council. 1 "Traditionally, planned development districts have been used to provide flexibility and enable developers to increase buildable area and height, and alter other standard development regulations," above that permitted by zoning, conditioned on analyses and mitigation of impacts and contribution of specific "benefits" to the City (e.g. additional parking, community open space and meeting rooms, funds for community beautification, housing day care facilities and other similar amenities). All Planned Development Districts shall be consistent with the General Plan. (Palm Springs General Plan, Page 1-81) r a Z Z m m C m r O m Z -4 X 0 City Council Staff Report October 25, 2006 5.1042-PD-311.TTM 33514 Final Environmental Impact Report (FEIR) M Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) it Guidelines, a Notice of Preparation of an Environmental Impact Report was prepared a and circulated for this project. Copies of the Draft EIR were previously distributed to the Council as well. Furthermore, Notices and Draft Reports were sent to all applicable Z agencies and published in accordance with CEQA. The review period ended on Z September 28, 2006; no comments were received as of that date. A Final Environmental Impact Report has been prepared and is provided along with this report M (Attachment # 10) for your review and certification. 0 FISCAL IMPACT: IFinance Director Review: No fiscal impact. .Qf91 A Ewing ICP holas WiliI o Assistant City Manager m Dirf�etOr of Phan ing Services r David H. Ready, Cityy Ma� Attachments: ill Z 1. Vicinity Map 2. Draft Resolutions 3. Draft PD 311 Resolution 4. Draft Conditions of Approval 5. Planning Commission Staff report 9/27/06 6. Planning Commission Minutes dated 9/27/06 0 7. Planning Commission Memo dated 10/1106 8. Planning Commission Minutes dated 10/11/06 9. Copy of Site Plans and Elevations (11x17) 10. Copy of Final Environmental Impact Report (FEIR) �7 a 1(1_�'ars 0 "` ,.Ty Department of Planning Services Vicinity Map L rA�) lj _ I I z a _jj 2 $AT Q 9 C C C t Z �I = c 7 Cd *PA E CILPI � u� O LLy Tn DR Legend Proiecl Area = 400' Buffer i _iN�W CITY OF PALM SPRINGS CASE NO: 5.1042 PD 311 DESCRIPTION: To consider an application for a TTM 33514 proposed PD 311 and TTM 33514. The Planned Development District would allow the development of APPLICANT: South Palm Canyon, 124 condominiums and approximately 39,000 square LLC feet of commercial space on an approximately 2.67- acre site at 450 — 490 South Palm Canyon Drive, Zone Cl3D, Section 15. APN: 513-214-004, 513-214- 005, 513-214-010, 513-214-011. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR), AND APPROVING CASE NO. 5.1042 PLANNED DEVELOPMENT DISTRICT 311, AND TENTATIVE TRACT MAP 33514, CONDOMINIUM MAP FOR THE SOUTH PALM CANYON LLC, A PROPOSED MIXED -USE CONSISTING OF 124-UNIT CONDOMINIUM COMPLEX AND APPROXIMATELY 39,000 SQUARE FEET OF RETAIL / COMMERCIAL SPACE ON AN APPROXIMATELY 2.67- ACRE SITE LOCATED AT 450-490 SOUTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15. WHEREAS, The Palm Canyon LLC, (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 311; and WHEREAS, the "Applicant" has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 33514; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1042, consisting of Planned Development District 311, and Tentative Tract Map 33514, and project architectural approval was given in accordance with applicable law; and WHEREAS, on October 11, 2006, a public hearing on the application 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 Final Environmental Impact Report (FEIR) has been prepared for this project and has been distributed for public review and comments in accordance with CEQA; and WHEREAS, a 45 day public review period for the Draft Environmental Impact Report was established pursuant to State law, which commenced on August 14, 2006 and ended on September 28, 2006; and WHEREAS, a Final Environmental Impact Report has been prepared for this project that incorporates comments and responses, along with pertinent revisions, resulting from the public review of the Draft Environmental Impact Report; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission 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, 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, and all written and oral testimony presented; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1042, consisting of Planned Development District 311 and Tentative Tract Map 33514 was given in accordance with applicable law; and WHEREAS, on October 25, 2006, a public hearing on the application 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, 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 Final Environmental Impact Report (FEIR) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission found that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The Planning Commission independently reviewed and considered the information contained in the FEIR prior to its review of this Project and the FEIR reflects the Planning Commission's independent judgment and analysis. Section 2: Pursuant to Section 94.03.00 (E) and 94.02.00(B) of the Palm Springs Zoning Code, the City Council makes the following findings: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The proposed planned development includes retail commercial and multiple -family dwellings residential uses which are permitted uses in the underlying Central Business District (C-B-D) zone. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed planned development will establish a significant mixed -use project at the south end of the City's downtown core as envisioned by the Downtown Urban Design Guidelines. This is in conformance with Objective 3-1 of the General Plan Land Use Element, which states: New land use development which is reflective of and complements the overall pattern and character of existing uses, offers opportunities far the intensification ofkey "targeted" sites and mitigates anv adverse impacts - The project also conforms to the Goals and Policies of the General Plan Land Use Element related to the Downtown / Central Business District, as follows: D.3.A Establishmenr of the areas along Palm Carryon Drive and Indian Canyon Drive between Alcyo and Roman Roads as the principal activity center of and "downtown" to the City by the intensification of commercial / entertainment - related uses and urban design improvements to achieve economic, physical and visual unity. 3-15d Provision: of a strong residential base, including hotels, in and around the downtown, with increased emphasis on the downtown as a multi focus center for the year-round resident- 3.15.17 Accommodate housing units, including high -quality housing, on the second level or higher or to the rear of buildings provided that the residential and commercial spaces are fully separated, the impacts of noise, odor and other adverse characteristics of commercial activity can be adequately mitigated, and a health, safe and well -designed environment is achieved for the residential units - The project's five story mixed -use character will contribute to the revitalization of the existing commercial neighborhood, establish a principal activity center at the north side of Ramon Road, between South Palm Canyon Drive and Indian Canyon Drive, provide a strong residential base downtown, and accommodate high -quality housing and fully separated commercial activity. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project is adequate in size and shape to accommodate the proposed commercial and residential uses, but requires relief from required setbacks and common open space standards of the C-B-D zone and high- rise buildings standards (Section 93.04.00) in order to create a street oriented urban presence. The reduced setbacks and common open space help the project achieve the General Plan goals and objectives stated herein, and are reduced in accordance with the provisions of the Planned Development District (Section 94.03.00,C) d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The project site plan is surrounded on three sides by Major or Secondary Thoroughfares, as designated on the General Plan. Vehicular access points to the site are properly located and designed to provide safe and efficient flow of the type and quantity of traffic to be generated by the proposed use within and surrounding the site. The proposed site and its immediate surroundings are fully developed with streets, sidewalks, curbs and gutters. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Conditions attached to and made a part of this resolution have been developed to mitigate potential adverse project effects and will assure the project contributes positively to the public health, safety and welfare of the City. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The Tentative Tract Map will facilitate the sale of condominium units within the project. The mixed use project is consistent with the General Plan Central Business District designation, and with the goals of introducing permanent residents into the area, and provides new retail spaces and opportunities. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design of the map is consistent with the allowable uses under the Planned Development District for this property. The Planned Development District allows for variations from zoning standards. c. The site is physically suited for this type of development. The site is fully developed and is surrounded by existing development and infrastructure. The construction of commercial and residential buildings on the site is appropriate at this location. d. The site is physically suited for the proposed density of development. The site can accommodate the proposed 125 condominium units with the R-4 zoning development standards that apply to multiple -family dwellings within the C-B-D designations. Furthermore, the General Plan does not apply unit counts (dwelling units per acre for density) calculations within the C-B-D areas, rather, a floor area ratio (FAR) is used. The permitted FAR for the proposal is up to 2.5 or 290,000 square feet, the proposed FAR is approximately 1.69 or 197,016 square feet. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Final Environmental Impact Report (FEIR), has been prepared. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site has been fully developed for many years, and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to meet or exceed City standards. The homes and commercial spaces will be required to meet or exceed City building codes. The project will not cause public health problems. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 4: The City Council certifies the Final Environmental Impact Report for Case Number 5.1042-PD 311 and Tentative Tract Map 33514, making associated findings and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Case Number 5.1042, Planned Development District 311 and Tentative Tract Map 33514, subject to the Conditions of Approval attached hereto as Exhibit A, and as shown on the Tentative Tract Map 33514 and Development Plans attached to the City Council Staff Report dated October 25, 2006 and included herein by reference. ADOPTED THIS 25th day of October, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 311, FOR THE 2.67 ACRE PROPERTY LOCATED AT 450-490 SOUTH PALM CANYON DRIVE. WHEREAS, The South Palm Canyon LLC, (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 311; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1042, consisting of Planned Development District 311, and Tentative Tract Map 33514, and project architectural approval was given in accordance with applicable law; and WHEREAS, on October 11, 2006, a public hearing on the application 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 ("CEO ), and a Final Environmental Impact Report (FEIR) has been prepared for this project and has been distributed for public review and comments in accordance with CEQA; 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, and all written and oral testimony presented, and has certified the Final Environmental Impact Report, and approve Case Number 5.1042 consisting of Planned Development District 311, Tentative Tract Map 33514, and project architectural design; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1042, consisting of Planned Development District 311, Tentative Tract Map 33514, and project architectural approval was given in accordance with applicable law; and WHEREAS, on October 25, 2006, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. Resolution No Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A Final Environmental Impact Report (FEIR) has been completed in compliance with CEQA Guidelines, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that with the incorporation of proposed mitigation measures, potentially sognificant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council independently reviewed and considered the information contained in the FEIR prior to its review of this Project and the FEIR reflects the City Councils independent judgment and analysis. Section 2. Pursuant to Section 94.03,00 of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the General Plan, which includes special provisions for the Central Business District. The project will bring revitalization to the Downtown area, and introduce a permanent population as well as new retail commercial space- b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project, as conditioned, is consistent with the Downtown Design Guidelines, and the vision of the area for the future. The site is physically suitable for the proposed project, and provides sufficient access points for all uses proposed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Planned Development District modifies height and open space requirements in a manner which is conducive with the urban development sought for the site in the future. The inclusion of a redevelopment project in this area of the City will increase vitality and activity in the Downtown. Section 4. Pursuant to Section 94.07.00 of the Palm Springs Zoning Code, the official zoning map of the City of Palm Springs, referred to herein, is hereby amended to apply Planned Development District 311 onto the proposed project site that is designated CBD. The parcel of property legally shown on file in the Planning Services Department, Case No. 5.1042 — PD 311 and TTM 33514, is approved for Planned Development District 311, specifically on the property located at 450-490 South Palm Canyon Drive Resolution No. Page 3 ADOPTED THIS 25th day of October, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 4, 2006, by the following vote: AYES: NOES. ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A Case No. 5.1042 — PD-311/ TTM 33514 The South Palm Canyon LLC 450-490 South Palm Canyon Drive ("The South Palm Canyon Mixed -use Project") CONDITIONS OF APPROVAL October 25, 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- K4111X"Wi11*11a[WIC ►110]01IS]►69 Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations- 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5-1042 PD-311 and Tentative Tract Map 33514. 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 ,. , Conditions of Approval Page 2 Case No 5 1042-PD311 Tentative Tract Map 3$514 October 25, 2006 to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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. This project shall be subject to Chapters 224 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. 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. `�17 Conditions of Approval Page 3 Environmental Assessment Case No 5 1042-PD311 Tentative Tract Map 33514 October 25. 2006 7. Any mitigation measures of the Environmental Impact Report (EIR) shall apply to the proposed project. The applicant shall submit a signed agreement that the mitigation measures will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are included in the EIR, and hereby incorporated into these conditions by reference. 8. 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 9. 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. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, 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 11. 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. 12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, Conditions of Approval Page 4 Case No. 5.1042-PD311 Tentative Tract Map 33514 October 25, 2006 irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 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 out 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. General Conditions/Code Requirements 14. 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. 15. 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. 16. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17, Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 18. All materials on the flat portions of the roofs shall be earth tone in color. 19. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. Conditions of Approval Case No 5 1042-P0311 Tentative Tract Map 33514 Page 5 October 25, 2006 20. 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. 21. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 22. 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. 23. The street address numbering/lettering shall not exceed eight inches in height. 24. 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. 25. 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. 26. Modified architectural and landscaping designs shall be reviewed by the Architectural Advisory Committee prior to City Council action on the project. 27. Assigned parking spaces shall be dedicated to each residential unit in the parking garage. These requirements shall be included in the CC&R's for the project. 28. Prior to issuance of building permits, the applicant shall provide or contribute a public benefit to the City in a form or amount as determined by the City Council as part of the Council's decision regarding the project. Engineering Department STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Upon a finding by the Planning Commission, in accordance with General Plan Policy 7.1.5, modification of cross-section standards for a 100 feet wide major thoroughfare for Ramon Road and Indian Canyon Drive adjacent to the property may be approved, with the cross-section standard for Ramon Road modified to a special street section maintaining the existing variable right-of-way along the Conditions of Approval Page 6 Case No. 5.1042-PO311 Tentative Tract Map 33514 October 25, 2000 project frontage; and with the cross-section standard for Indian Canyon Drive modified to a 95 feet wide major thoroughfare along the project frontage. PALM CANYON DRIVE 3. All existing street improvements, landscaping, and lighting improvements shall be protected in place, except removals approved by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements damaged as a result of the construction of this project, as directed by the City Engineer. 4. Remove the two existing driveway approaches and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 5. Remove the existing street improvements as necessary to construct a 24 feet wide driveway approach with the centerline located approximately 13 feet south of the north property line in accordance with City of Palm Springs Standard Drawing No. 205. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn ingress for commercial and service vehicles only. Residential access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the commercial/service entry to impose the required access restrictions. 6. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the new driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. 7. Construct a decorative pedestrian crosswalk across Palm Canyon Drive at a location to be determined pursuant to further evaluation. The applicant shall provide additional information to the City Engineer to determine an appropriate location. The decorative pedestrian crosswalk shall be constructed in a similar fashion to other crosswalks located north of Baristo Road, including curb pop -outs, decorative concrete pavers, and other improvements. The crosswalk shall be signalized. 8. All broken or off grade street improvements shall be repaired or replaced. INDIAN CANYON DRIVE 9. All existing street improvements and landscaping shall be protected in place, except as otherwise required by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements Conditions of Approval Page 7 Case No. 5.1042-PD311 Tentative Tract Map 33514 October 25, 2006 damaged as a result of the construction of this project, as directed by the City Engineer. 10. Remove the two existing driveway approaches and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 11. Remove the existing street improvements as necessary to construct a 26 wide driveway approach for the retail entry with a centerline located approximately 190 feet north of the centerline of Ramon Road in accordance with City of Palm Springs Standard Drawing No. 205. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn ingress and left -turn egress for retail parking only. Residential access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the retail entry to impose the required access restrictions. 12. Remove the existing street improvements as necessary to construct a 39 feet wide driveway approach with the centerline located approximately 24 feet south of the north property line in accordance with City of Palm Springs Standard Drawing No. 205. The driveway approach shall divide with a 20 feet wide northerly commercial/service exit lane and residential exit lane, and a 15 feet wide southerly residential entry lane. The dividing median, if raised, shall include appropriate clearance for a 5 feet wide pedestrian path of travel. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn egress for commercial and service vehicles only, and left -turn ingress for residential parking access. Retail parking access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the commercial/service exit and residential entry to impose the required access restrictions. 13. An application for an Encroachment Agreement shall be submitted to the Engineering Department for construction of the dividing median within the northerly driveway. The application for the Encroachment Agreement shall be approved prior to issuance of a grading permit. 14. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the northerly and southerly driveway approaches, in accordance with City of Palm Springs Standard Drawing No. 212. 15, All broken or off grade street improvements shall be repaired or replaced. ,r-,r-� r f yA Conditions of Approval Page 8 1:7e11LV1[is]01097e\�� Case No. 5.1042-PD311 Tentative Tract Map 33514 October 25, 2006 16. Dedicate an easement for sidewalk purposes extending to the back of the public sidewalk along the entire frontage. 17. All existing street improvements and landscaping shall be protected in place, except as otherwise required by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements damaged as a result of the construction of this project, as directed by the City Engineer. 18. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 19. All broken or off grade street improvements shall be repaired or replaced. ON -SITE 20. All on site two-way drive aisles shall be 26 feet wide. 21. A clearly designated pedestrian walkway of adequate width shall be provided to centralize a location for pedestrians entering or leaving the retail areas and accessing the retail parking. A pedestrian walkway shall be designated along the west and south sides of the ground floor parking level. Traffic signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design of the ground floor parking level to support the use of the walkway by pedestrians and alert vehicles of the potential for crossing pedestrians. 22. Curbed end islands within the ground floor parking level adjacent to spaces 13/27, 39, and 55/64 shall be widened to ensure adequate sight distance. 23. Cut -through traffic across the northerly commercial/service drive aisle shall be prohibited. Traffic signage, lighting, pavement markings, speed bumps and/or other visual cues shall be incorporated in the design of the ground floor parking level to prohibit cut -through traffic. 24. The applicant shall verify that the geometrics proposed at the commercial/service entry and exit can accommodate anticipated service and delivery vehicles. A site plan with superimposed design vehicle turning path templates shall be provided to the City Engineer to verify that access for service and delivery, vehicles is accommodated. Conditions of Approval Page 9 SANITARY SEWER Case No. 5.1042-P0311 Tentative Tract Map 33514 October 25, 2006 25. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 26. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 27. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. 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 wvvw.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 Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval, a copy of a final approved conformed copy of the Tentative Tract Map or site plan; a copy of current Title Report; a copy of Soils Report; and a copy of the Water Quality Management Plan. 28. 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. Conditions of Approval Page 10 Case No. 5.1042-PD311 Tentative Tract Map $3514 October 25, 2006 29. 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 erasion/blowsand relating to this property and development. 30. 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. 31. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). IN:7_lILIMA 9 32. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 33. A Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the ground floor parking level. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. Conditions of Approval Case No. 5.1042-PD311 Tentative Tract Map 33514 Page 11 October 25, 2008 GENERAL 34. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 35. All proposed utility lines shall be installed underground. 36. 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. 37. 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. 38. 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. 39. 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. Conditions of Approval Page 12 Case No, 5.1042-P0311 Tentative Tract Map 33514 October 25, 2006 40, 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 41. 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 parcels and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of buHding permits. 42. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 43. 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.LS. 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, ArcView 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. 44, Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement for utility purposes to California Electric Power Company, recorded October 24, 1958, as Instrument No. 76730; a non-exclusive right to use right of way and easement on, across and upon land in favor of Saks & Company, recorded March 4, 1958, in Book 2232, Page 198, Official Records; and an easement for public utility purposes to Southern California Edison Company, recorded June 18, 1992, as Instrument No. 225090, shall be extinguished, quit -claimed, relocated or abandoned to facilitate development of the subject property. Building(s) encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the property. Conditions of Approval Case No. 5,1042-P0311 Tentative Tract Map 33514 Page 13 October 25, 2000 TRAFFIC 45. As determined by The Palm Canyon Planned Development District Focused Traffic Impact Analysis prepared by Endo Engineering dated June 14, 2006, the following mitigation measures are required: a. The project one-way access points on Palm Canyon Drive and Indian Canyon Drive are restricted to either left -turn ingress or egress only. Install traffic striping and signage improvements to implement the access restrictions as required by the City Engineer. b. Install a "Commercial/Service Entry Only" sign facing the southbound traffic on Palm Canyon Drive at the driveway approach at the northwest corner of the site. Install raised reflectorized pavement markers or speed bumps on -site to discourage the use of this entry by non -site traffic avoiding the traffic signal at the intersection of Palm Canyon Drive and Ramon Road, as required by the City Engineer. c. Traffic striping and signage shall be installed prohibiting on -street parking along the Indian Canyon Drive site frontage to provide adequate site distance from the proposed driveways. d. Provide a minimum 50 feet long driveway throat at the southerly retail entry on Indian Canyon Drive and provide a 4 inch solid yellow stripe between the entry and exit lanes. Provide signage for northbound traffic on Indian Canyon Drive indicating that the two-way driveway is for retail vehicles only, as required by the City Engineer. e. To discourage retail customer vehicles from using the one-way site exit onto Indian Canyon Drive at the northeast corner of the site, install an on -site "Commercial/Service Exit & Residential Entry" sign and/or install raised reflectorized pavement markers or speed bumps on -site, as required by the City Engineer. f. Install distinctive entry treatments (including signage, lighting, pavement markings, and/or other visual cues) at the residential only entry at the northeast corner of the site on Indian Canyon Drive to decrease the potential for motorist confusion. A residential/guest turnaround shall be provided on -site. g. Sychronize the traffic signals for eastbound and westbound traffic on Ramon Road prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. Conditions of Approval Page 14 Case No 5 1042-PD311 Tentative Tract Map 33514 October 25, 2006 h. Traffic striping and signage shall be installed prohibiting on -street parking along the north and south sides of Ramon Road between Palm Canyon Drive and Indian Canyon Drive, and to provide two eastbound through lanes. A 175 feet long left turn bay for westbound traffic, and a 125 feet long left turn bay for eastbound traffic shall be provided. Submit traffic striping and signage plans prepared by a California registered civil engineer or traffic engineer for review and approval by the City Engineer. 46. Install a 24 inch stop sign, stop bar, and "STOP" legend at all project exits, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 47. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Palm Canyon Drive, Indian Canyon Drive, and Ramon Road frontages of the subject property. 48. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article 11 of Chapter 8.04 of the Palm Springs Municipal Code. Conditions of Approval Case No. 5.1042-PD311 Tentative Tract Map 33514 Page 15 October 25, 2005 Building Department 1. Prior to any construction on -site, all appropriate permits must be secured. Fire Department 1. Insufficient information: There is insufficient information to completely provide all fire department conditions. These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. 2. Public Safety CFD 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. 3. Plot Plan: Prior to completion of the project, a 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. 4. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 5. Radio Communications: The building will include all necessary wiring and antennas required for a "Built -In Radio Amplification System". This requirement is necessary for fire department radio communications within the building. 6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. Dsr) Conditions of Approval Page 16 Case No. 5.1042-PD311 Tentative Tract Map 33514 October 25, 2006 7. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.32 CBC) 8. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases- 9- Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST Female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 10. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Standpipes will be required at every level in the stairwells. 11. 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. 12. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 13. 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 feet from such roads. CFC 9022.1 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire department for approval. 14. Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building, Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. Conditions of Approval Page 17 Case No. 5.1042-PD311 Tentative Tract Map 33514 October 25, 2006 15. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 16. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 17, 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). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 18. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1 CFC) 19. 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. 20, Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department, 21. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 22, Underground Parking: A Class III Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Hose will not be required. 23. Underground Parking: Automatic smoke removal system to be required for subterranean parking. 24. Ground Level Parking Structure: Capable of supporting a vehicle weighing 73,000 pounds and 13 feet 6 inches in height. Conditions of Approval Page 18 Case No, 5,1042-PD311 Tentative Tract Map 33514 October 25, 2006 25. Turn -Around Requirements for Subterranean/Ground Parking: 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. (902.22.4 CFC) 26. Ventilating Hood & Duct System: A ventilating hood and duct system shall be provided for commercial -type food heat -processing equipment that produces grease -laden vapors. (1005.1 CFC) 27. Fire extinguishing system required: Approved automatic fire extinguishing systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC) 28. Elevator Stretcher Requirement: Elevator shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 Inches by 76 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42 inch side slide door. (3003.5a CBC) 29. 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) Gates 30. Fire Apparatus Access Gates, Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 31. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 32. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) END OF CONDITIONS K■, O�pALM SA'P r -y a c V N z k a 7 " `bRRoeac•e' k cL A`rF°R�%P Planninci Commission Staff Report m v Date: September 27, 2006 Case No.: 5.1042 — PD 311 & TTM 33514 0 Application Type: Planned Development District, Tentative Tract Map m and Architectural Approval C Location: 450-490 South Palm Canyon Drive, north of Ramon m Road and between South Palm Canyon Drive and r Indian Canyon Drive. O Applicant: South Palm Canyon, LLC (Wayne & Frances Lee) Zone: C-B-D (Central Business District) General Plan: C-B-D (Central Business District) Z APNs: 513-214-004, 005 & 513-214-010, 011 —r From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward 0. Robertson, Principal Planner PROJECT DESCRIPTION co The proposed project is a mixed -use development that will provide residential, commercial and recreational facilities within the downtown region of the City. The residential component of the proposal is for the development of 125 condominium units and approximately 39,000 square feet of retail/commercial spaces on approximately C7 2.67-acre site. A Planned Development District application (PD 311) is proposed to set new design and development standards for the mixed -use development. The applicant has also submitted a Tentative Tract Map application (TTM 33514) to subdivide the approximately 2.67-parcel for a condominium map. To make room for the proposed development, the approximately 47,000 square feet of existing retail/commercial 'C` Planning Commission Staff Report 9/27100 Case: 5.1042 — PD $11/ TTM 33514 Page 2 of 14 structures at the site will be demolished; the existing parcels will be consolidated for the new residential and commercial establishment. A breakdown of the proposed project is as follows: �^ • The construction of a sub -grade level garage with 208 parking spaces for the a residential uses. Z • The construction of multiple structures within the site, ranging from 2 to 5 Z stories, with a maximum building height of 56 feet. • The construction of recreational amenities that includes swimming pools, m spas, courtyards, and roof top garden. • The creation of a new pedestrian linkage designed to serve the retail/commercial component of the project along the southern portion of the site connecting South Palm Canyon Drive to Indian Canyon Drive. • The creation of a water feature element along the Palm Canyon Drive section of the site. m RECOMMENDATION C • That the Planning Commission take staff reports, presentations and public m comments; r • Identify any further questions / clarifications or necessary information for staff and; O • Continue the public hearing of Case No. 5.1042-PD 311 to the meeting of 13 October 11, 2006. PRIOR ACTIONS m At its meeting on February 21, 2006, the Architectural Advisory Committee (AAC) Z reviewed the project for the fourth time. At this meeting, members of the AAC made a number of favorable comments on the new site layout and the new architectural design of the project. And with a vote of 5-0-2 (Lance O'Donnell and Don Wexler abstained), the AAC recommended approval of the project to the Planning Commission. The AAC also recommended that as part of the final Planned Development District submittal, that the applicant bring back detailed plans for the Committee's consideration, BACKGROUND AND SETTING (A The proposed mixed -use development will be located within a fully developed area of the downtown district of the City. The proposed site is an approximately 2.67-acre land bounded by South Palm Canyon Drive to the west, Indian Canyon Drive to the east and Ramon Road to the south. There is an existing restaurant, a retail outlet, and two vacant 0 buildings on the site. One of the vacant buildings was formerly occupied by Tony Romas Restaurant and the other was a specialty retail store. These buildings totaling approximately 47,000 square feet in size will be demolished to make way for the new mixed -use development. Planning Commission Staff Report 9127/06 Case: 5.1042 — Pp 311/ TTM 33514 Page 3 of 14 The surrounding area is fully improved with streets, curbs, gutter, sidewalks and landscaping. There are mostly commercial and retail uses within the immediate vicinity of the location. To the north of the site, there is a two-story bank building along with other small unit retail stores, to the west along Palm Canyon Drive, there is an existing three-story commercial establishment with subterranean parking structure and to the east there is an existing retail complex as well. ANALYSIS Proiect Descriotion The proposed mixed -use development of residential and commercial components will consist of a combination of living areas, retail areas, open spaces, pedestrian linkage, swimming pools with spas, rooftop garden, sub -grade level parking spaces and a mix of buildings ranging from two to five stories high. The commercial part of the project facing Palm Canyon Drive and Ramon Road will occupy the ground floor along with the required parking spaces. The four floors of residential units will be built above the commercial/retail areas. Buildings within the site will be two, three, four and five stories, within a range of 17' to 55' in height. A total of 125 units to be located above the commercial / retail spaces in buildings A to D are proposed at the site. These units will be equipped with kitchens, master bedrooms, living rooms, dining rooms, laundry rooms, powder rooms and patio/decks; and will be accessed from the exclusive residents' entrance located along Indian Canyon Drive on the northerly portion of the site. The proposed project also includes the construction of an underground parking structure with 208 parking spaces for the exclusive use of residents and guest parking. An additional 97 parking spaces is designated on the ground level for commercial/retail use. Further detail and discussion of the required and provided parking is included under "Parking" below. General Plan and Zonina The General Plan and Zoning designation of the proposed site is C-B-D, (Central Business District). The General Plan states the following regarding commercial and residential uses in the Central Business District, as proposed by the project: Objective 3.15a The fusion of shopping, entertainment and cultural / performing arts components, reinforcing the position of downtown Palm Springs as a multi -purpose destination. Ma r Z i Z v m M Planning Commission Staff Report Case: 5.1042 — PD 3111 TTM 33514 9127/06 Page 4 of 14 Provision of a strong residential base, including hotels, in and around the downtown, with increased emphasis on the Downtown as a multi -focus center for the year-round resident. r Objective 3.15e a Lengthening the "season" in order to create a healthier, year-round Z environment for merchants. _ Policy 3.15.1 m Encourage a full diversity of high -quality uses, attractive to both the resident and the visitor, including especially retail, entertainment, cultural, food sales and service, office, furniture and financial and personal services. Policy 3.15.17 O Accommodate housing units, including high -quality housing, on the second M level or higher or to the rear of buildings provided that the residential and commercial spaces are fully separated, the impacts of noise, odor and C other adverse characteristics of commercial activity can be adequately �M mitigated, and a healthy, safe and well -designed environment is achieved for the residential units. r 10 Policy 3.15.18 Encourage higher -density housing at the perimeter of the downtown retail area. 9 Based on these policies, the proposed commercial and residential uses are allowed M within the General Plan C-B-D designation. Z As regards residential density, the General Plan C-B-D land use designation sets a range for residential densities between twenty-one to thirty units per acre. The higher density is permissible when a project provides certain qualities, such as distinctive architectural or neighborhood character, consolidation of building sites, social / cultural amenities or other features. The project proposes 125 residential condominiums on a 0 2.67 acre site and represents a density of 47 units per acre. _ Staff has reviewed the General Plan and notes that several provisions appear to provide authorization for projects to exceed the 30 unit / acre limit, as follows: _q X Land Use Policy 3.3.7 Residential development may exceed the maximum permitted density provided that such development achieves the goals of the Housing Element, particularly the construction of low- and moderate -income 10 housing, senior citizen housing and congregate care projects. Planning Commission Staff Report 9127/06 Case, 51042 — PD 311/ TTM 33514 Page 5 of 14 While the project does not include income -restricted or senior housing, other goals of the Housing Element are met by the project, as follows: r Housing Goal 4C a To provide a variety of housing types to meet the diversity of housing needs throughout the City's residential neighborhoods. Z Supportive Objectives and Policies in the Housing Element include: Z m Housing Objective 4.3a The General Plan of the City of Palm Springs shall provide for a mixture of residential densities and types disbursed throughout the Community, including renter and owner occupied housing. Housing Objective 4.3b ❑ The City Planning and Building Department shall encourage the design of m innovative residential and mixed use planned development which offer a variety of building types. C m Housing Objective 4.3c The City shall promote development within Specific Plans or Planned r Development Districts that provide a variety of housing types and 0 densities based on suitability of land, including availability of „ O infrastructure, the provision of adequate services and recognition of environmental constraints. E Housing Objective 4.3d M Identify specific undeveloped and under-utilized properties that are Z suitable for higher density multi -family, condominium and mixed -use development. Based on the Housing Element goal for new production and its supporting objectives, staff has concluded that densities above 30 units per acre in the C-B-D designation may be allowed. Such additional densities should be considered only when a case -by -case ❑ review establishes that a proposal satisfies the intentions of these goals and objectives. — In the present case, the project: Expands the overall range of housing types, densities and forms provided in the City; —I - Offers an innovative mixed -use residential experience within City's downtown; Takes advantage of existing infrastructure (as opposed to requiring the extension of new services); and Consolidates and redevelops a collection of under-utilized properties. In summary, staff has concluded that adequate justification exists to allow the density proposed by the project. _ c_ Planning Commission Staff Report 9/27/06 Case: 5.1042 — PD 311/ TTM 33614 Page 6 of 14 Pursuant to Section 92.09.00(A) of the Zoning Ordinance, "the C-B-D zone is intended „0 for the central business district, primarily retail business in character, with related hotels, multiple -family dwellings, and service, office, cultural and institutional uses" r Furthermore, the ordinance states that, "The central business district is intended to be a a compact, lively, active, intensively used area catering to the pedestrian." The proposed mixed -use development includes commercial and residential uses that are Z compatible with the existing zoning designation. Therefore, the proposed land use is Z consistent with the provisions of the General Plan and Zoning Ordinance for that designation and location. The General Plan and Zoning designations for surrounding DTI properties are shown in Table 1 below. Table 1: Project and Surrounding General Plan and Zoning Designations Location General Plan Designation Zoning Designation f Project Site C-B-D (Central Business District) C-B-D (Central Business District) v West C-B-D C-B-D M South C-B-D C-B-D —� C East C-B-D C-B-D North C-B-D C-B-D m In addition to the General Plan and Zoning designations of the site, the location also lies within the general area of the downtown described in the Interim Downtown Design 0 Guidelines as the "Gateway" Under the Guidelines, the site is designated "High Intensity 1.0 Mixed -Use (Residential/Commercial) Gateway." The Guidelines describe the Gateways as follows: "They should be taller (max. 60 ft.), high intensity mixed -use (residential/commercial) ill areas with distinctive landscaping and signage marking the entrance to downtown." Z The Guidelines further state: `New buildings should be sensitive to the historic context and complement the unique mix of architectural styles. In addition, new projects should strive for excellence in architectural design." and: Cn "Building height in the north and south gateway areas should be a maximum of 30 feet on the street front stepping back to 60 feet in height with minor intrusions for �7 architectural features." and: 10 "Underground structured parking has the least impact on the visual quality of downtown and is encouraged when feasible." Planning Commission Staff Report 9/27/06 Case: 5.1042 -- PD 3111 TTM 33514 Page 7 of 14 All these provisions are considered in this staff report as part of the analysis of the project. Finally, the proposed project is also generally consistent with the Downtown Design Guidelines. Planned Development District A Planned Development District is needed for this project so that relief from the development concept and standards in the Central Business District can be achieved. Pursuant to Section 94.03.00 (Planned Development District) of the Zoning Ordinance, the Planned Development District is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. It went on to say that "it is the intent of this district to insure compliance with the general plan and good zoning practices while allowing certain desirable departures from the strict provisions of specific zone classifications" The proposed development includes design standards that vary from the development standards of the Central Business District (CBD) Zone and High-rise buildings (Section 93.04,00), As a result, a Planned Development District approved under Section 94.02.00.E is required. Table 2, below, describes the development standards applicable to the designation, and the standards which the proposed project will implement. Table 2: Comparison of Existing Zoning and Proposed PD-311 Standards Type of Standard Underlying CBD Proposed PD-324 Minimum Lot Area 91600 square feet 2.67 acres Maximum Bldg 30 feet; 60 feet allowed under 56 feet Height Open Space Floor Area Coverage Density Setbacks; along Palm Canyon Drive Setbacks along Indian Canyon Drive Setbacks along Ramon Road Parking; Residents and Guest parking Parking; Retail /Restaurant use high-rise provisions; PD 60 % Up to 2.5 = 290,000 sq. feet 1 45% 1 1,500 SF (Per R-4) 50 feet from the centerline of the street 1 20 feet 10 feet PA10 @ 1/375 sq. ft. = 104 61% 1.69 FAR (197,016 sq. feet) 41.8% 930 SF Per Unit 48 feet 0 feet 0 feet 218 97 L . 0101S3 m C M r 0 m Z v N 0 Planning Commission Staff Report 9127105 Case: 5.1042 — Pb 31 V 7rM 33514 Page 8 of 14 As shown in the Table above, the Planned Development District is required in this case to address variations in floor area ration (zoning density) required setbacks and parking spaces. r n Site Plan and Project Design Z The proposed site is approximately 2.67-acre land that is currently fully developed with Z approximately 47,000 square feet of commercial and surface parking spaces. The proposed project is for the construction of a mixed -use development that will consist of M a five -story, 125-unit condominium complex with private open spaces, swimming pools / spas, and rooftop garden. The residential section which will be built above the commercial structures will feature condominium complex of one and two -bedroom units and penthouses. The project also consists of approximately 39,000 square feet of commercial space on the ground level for retail services, restaurants and specialty stores fronting South Palm Canyon Drive, Indian Canyon Drive and Ramon Road. O m The sub -grade level will contain residential and guest parking spaces, the ground floor C will contain the retail services, restaurants, specialty stores, commercial parking, landscaped pedestrian promenade connecting Palm Canyon to Indian Canyon, m walkways, water feature element and a seating area. There are residential units, courtyards, an outdoor swimming pool with and a spa with shade cabanas on the r' second floor. The third, fourth and fifth floors will also have residential units, private 0 patios, roof gardens, a courtyard and a pool deck. As proposed, the residential use will consist of one studio unit which is approximately 700 square feet in size, 12 one bedroom units, and 112 two bedroom units. These units are proposed to range from 925 square feet to 1,810 square feet in size; and will vary m depending on the building type and in configuration. Z A pedestrian linkage is proposed to extend east to west through the southern portion of the site, connecting Palm Canyon and Indian Canyon. A water feature element is proposed along the Palm Canyon entrance into the retail area, and a restaurant patio will be featured the southerly portion of the site along Indian Canyon Drive and Ramon Road. The vast majority of parking is proposed to be accommodated in the subterranean 0) parking garage. The garage will be accessed via a ramp located along the northerly portion of the site on Indian Canyon Drive. This will serve as the primary residential 1-4 access; the retail access is located at the southerly portion of the site along Indian ;U Canyon Drive. The commercial service vehicular ingress is located along Palm Canyon _ Drive and the egress along Indian Canyon Drive; the loading area is located at the mid- point of the northerly segment of the site. The site plan provides for many of the amenities and highlights called for in the General Plan and Design Guidelines, including street level plazas, pedestrian areas, entry gardens, and bringing a mix of commercial and residential land uses into the downtown, Planning Commission Staff Report 9127/06 Case: 5.1042 — PD 3111 TTM 33514 Page 9 of 14 and providing connections between Palm Canyon Drive, Indian Canyon Drive and Ramon Road. r Density (per R-4 Zone) n Located in the C-B-D zone, the project is subject to the residential density standards of Z the R-4 zone (per Section 92.09.01.A.26). These standards set a floor area ratio of Z 1500 square feet of net lot area per dwelling unit; the project proposes a floor area of 930 square feet per unit. The increased density is consistent with the higher density m proposed within the General Plan policies. Architecture The architecture proposed for the project reflects the mid-century modern style, and incorporates some of the features that are typical of Palm Springs architecture. 0 Although the architectural style of each building is consistent, the building design varies m from one level to the next, providing for a varied streetscape and avoiding the potential for overbearing mass which could result from a five story building. A variation of shapes, C materials and colors is provided in each of the buildings, so that they each show their ill own identity, while still clearly being part of the whole. r The design also brings architectural focus to both Palm Canyon Drive and Indian 0 Canyon Drive, which has some aesthetically challenging land uses directly across from the proposed location. As designed, this project will have the residential component and commercial component featuring significant presence in the immediate surrounding. The proposed colors and materials will consist of mainly typical desert tones and will be consistent with the downtown architectural elements. m Z The proposed buildings will be five stories, and approximately 56 feet in height, although the heights will vary at some locations as the elevations steps away from the sidewalks and roadways. The maximum building height allowed within the downtown area is 30 feet. However up to 60 feet can be allowed under the highrise provisions of the Zoning Ordinance. The applicant has applied for a relief from this requirement through a Planned Development District application. O The proposed buildings sections and heights are shown within Attachment 4 for each building elevation. With the stepped back design approach, the street level heights of the buildings along the north and southern portions of the site are approximately 37 feet at a distance of about 48 feet from the property line. And at the highest point of the building, when measured from the grade level, the overall height is approximately 57 feet. '0 The buildings' heights are within the limits of the high-rise provisions of the Zoning —� Ordinance, and consistent with the height limits set forth in the Downtown Design Guidelines. The project proposes an urban environment for both residents and shoppers, which is of greater intensity than previous development, and consistent with Planning Commission Staff Report 9127106 Case 5.1042 — PD 311/ TTM 33514 Page 10 of 14 the vision established for the Downtown through the on -going General Plan update process. r Open Space Pursuant to the provisions of Section 92.09.03 of the Zoning Ordinance, a minimum of Z 60% open space is required for highrise buildings. The project proposes approximately Z 61 % through the utilization of street level plazas, pedestrian promenade, paseos, decks, residential common areas, various courtyards, and landscaping within the rooftop M garden. This will also Include the water feature element along Palm Canyon Drive and 0 the Patio/seating area along the corner of Indian Canyon Drive and Ramon Road. Access Access into the site will be provided from three main points of vehicular access and a 1 0 pedestrian walkway designed primarily for shoppers and other commercial/retail M customers. Two points of access are located along Indian Canyon Road, one will serve the residents and the other will serve as ingress and egress for the commercial space C on the ground level. An additional point of ingress for service vehicles into the site is m located at the northerly portion of the site on Palm Canyon Drive. r Parking Q As mentioned earlier, the applicant has proposed a subterranean parking structure that will primarily serve as the residents and guests parking area. And as indicated on Table 2 of Page 5, the required parking spaces for residents and guests are 216; the applicant has provided 218 parking spaces. The commercial component of this project is M approximately 39,000 square feet in size. According to Section 92.26.00(6) (downtown Z parking combining zone) of the Zoning Code, mixed -use developments in excess of 20,000 square feet of gross floor area are required to provide 1 parking space for every 375 square feet of gross floor area. In this case, the required parking spaces for the commercial section will be 104; the applicant has provided 97 parking spaces. However, this calculation does not take into account available street parking spaces. Also, additional parking spaces will not be needed as long as restaurant use does not exceed ❑ 25% of the total floor area of the development. In Landscaping The landscaping plan for the proposed project will be in the form of multi -level planters, ;a although the ground floor, the commercial areas and pedestrian walkways will be fully _ landscaped with desert/drought tolerant materials. The upper floor courtyards, terraces and rooftop garden will be landscaped as well. The applicant has proposed to utilize Timber Bamboos and Honey Mesquite, Date Palms, California Palms and Mexican Fan —) Palms. Other planting materials will include various shrubs and groundcovers. Planning Commission Staff Report Case: 5.1042 — PD 3111 TTM 33514 Public Benefit 9127/05 Page 11 of 14 As a Planned Development, the project may be subject to the provision of a "public benefit", as recognized by the Palm Springs General Plan.' No specific public benefit has been offered by the applicant; however, they have asserted that the project itself will constitute a public benefit by providing the southern anchor of the proposed downtown revitalization effort. It should be noted that the Council has not adopted a policy for determining an appropriate Planned Development public benefit. In past project decisions, public benefits have ranged from dedications of right of way and landscape improvements to increased on -site amenities and public access. Given the nature of the proposal as an in -fill, mixed -use project, traditional dedications of on -site open space or other amenities may not be appropriate. Staff believes that the City Council will be in the best position to judge the level of public benefit that might be required beyond the project itself. Consequently, staff recommends that the Commission consider a condition of approval that leaves the determination of contribution of public benefit to the City Council at the time they consider the project. Proposed condition of approval number 28 has been added for this purpose. Public Utilities and Services As the project occurs in the center of the existing downtown, all public utilities and services are available to the site. REQUIRED FINDINGS Findings can be made in support of establishing the proposed Planned Development District as follows: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Section 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the General Plan, including the Land Use Element (Central Business District designation) and the t "Traditionally, planned development districts have been used to provide flexibility and enable developers to increase buildable area and height, and alter other standard development regulations, above that permitted by zoning, conditioned on analyses and mitigation of impacts and contribution of specific "benefits" to the City (e g. additional parking, community open space and meeting rooms, funds for community beautification, housing day care facilities and other similar amenities). All Planned Development Districts shall be consistent with the General Plan. (Palm Springs General Plan, Page 1-81) FO U v m M r O MU 13 M v cn W o0L' ', Planning Commission Staff Report 9127/06 Case' 51042 — PO 3111 TTM 33514 Page 12 of 14 Housing Element. The project will bring revitalization to the southern gateway of the Downtown area, and introduce a permanent population as well as new retail commercial space. I"r b. The subject property is suitable for the uses permitted in the proposed planned A development district, in terms of access, size of parcel, relationship to similar or Z related uses, and other relevant considerations. Z The project, as conditioned, is consistent with the Downtown Design Guidelines, Ill and the vision of the area for the future. The site is physically suitable for the 0 proposed project, and provides sufficient access points on Indian Canyon and South Palm Canyon Drives for all vehicular and pedestrian needs. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. ❑ m The proposed Planned Development District modifies height, open space and lot coverage requirements in a manner which is conducive with the urban C development sought for the site and envisioned in the General Plan and 'M Downtown Urban Design Guidelines. The inclusion of a redevelopment project in 17, this area of the City will increase vitality and activities in the Downtown region of the City. Q Additional findings are required for the proposed Tentative Tract Map pursuant to WD Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: m a. The proposed Tentative Tract Map is consistent with all applicable general and Z specific plans. The Tentative Tract Map will facilitate the sale of condominium units within the project. The mixed -use development is consistent with the General Plan Central Business District designation, with the introduction of permanent residents into the area, and provides new retail spaces and opportunities. ❑ b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design of the Map is consistent with the allowable uses under the Planned Development District for this property. The Planned Development District allows for variations from zoning standards. �n c. The site is physically suited for this type of development. Planning Commission Staff Report Case: 5 1042 — PD 311 / TTM 33514 9127106 Page 13 of 14 The site is fully developed and surrounded by existing development and City streets. The construction of commercial and residential buildings on the site is appropriate at this location. r d. The site is physically suited for the proposed density of development Z The site can accommodate the proposed 125 condominium units with the R-4 Z zoning development standards that apply to multiple -family dwellings within the C B-D designations. Furthermore, the General Plan does not apply unit counts I rn (dwelling units per acre for density) calculations within the C-B-D areas, rather, a 10 floor area ratio (FAR) is used. The permitted FAR for this proposal is up to 2.5 or 290,000 square feet, the proposed FAR is approximately 1.69 or 197,016 square feet. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. rn The Tentative Tract Map and associated Planned Development District have been E reviewed under the California Environmental Quality Act, and a Draft Environmental rn Impact Report (DEIR) has been prepared. Mitigation measures have been included r which will reduce potential impacts to less than significant levels. The site has been fully developed for many years, and does not include any natural habitat. The 0 project will therefore not damage or injure fish, wildlife or their habitats. ,D f. The design of the subdivision or type of improvements is not likely to cause serious' public health problems. rn The subdivision is designed to meet or exceed City standards. The homes and Z commercial spaces will be required to meet or exceed City building codes. The project will not cause public health problems. 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. ENVIRONMENTAL ASSESSMENT The Planning Department has reviewed this project under the provisions of the —� California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications or mitigation measures incorporated into the Draft Planning Commission Staff Report Case 5.1042 -- PD 311/ TTM 33514 9/27106 Page 14 of 14 Environmental Impact Report (DEIR), will reduce impacts to less than significant levels. Copies of the prepared DEIR have been previously distributed to the Planning Commissioners for review. The comment period for the draft FIR ends September 28, 2006 and a Final FIR will be prepared and submitted for review and certification prior to Commission action on the project. NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 square feet radius of the subject property/adjacent property owners. As of the writing of this report, staff has not received any comment. I ing, AI Dir of Plan g Services ATTACHMENTS: 1. Vicinity Map r 2. Draft Conditions of Approval O 3. Reduced Site Plans, Floor Plans, Elevations & Tentative Tract Map 33514 4. Draft Environmental Impact Report (DEIR) (Previously Distributed to Planning Commissioners) n Cn City of Palm Springs Planning Commission Minutes of October 11, 2006 10. Case 5.1042 PD 311 / TTM 33514 - An application by South Palm Canyon LLC, agent for Wayne & Frances Lee, for a proposed Planned Development District to allow the development of 125 condominium units and approximately 39,000 square feet of commercial space on an approximate 2.67-acre site located at 450 - 490 South Palm Canyon Drive, Zone C-B-D, Section 16, APN: 513-214- 004, 005 and 513-214-010, 011. (Project Planner: Edward Robertson, Principal Planner) (Cont'd from 9/27/06) Principal Planner, Edward Robertson, provided background information as outlined in the staff report dated October 11, 2006, Commissioner Scott requested clarification pertaining to the comment made in the Final Environmental Impact Report by the Fire Chief related to need for an aerial ladder truck and the increased insurance costs to all businesses in Palm Springs. Chair Marantz opened the Public Hearing. -Brian Linnekans, applicant, spoke about the process and indicated that they have gone through i major revisions. He expressed the design challenges of this project and gave additional information. -Ana Escalante, architect, spoke of the benefits to the City and indicated all the concerns have been addressed. -Lance O'Donnell, architect, spoke about the Downtown Urban Guidelines relating to the massing of the buildings going east / west. He gave further details relating to the parking, pedestrian activity and energy efficient features of this project- -Ed Torres, PSEDC, spoke in support of this project and requested approval of this project. -Rob Firth, Palm Springs, spoke in favor of the project and commended the developer. -Ernie Vincent, Palm Springs, spoke in favor of the project and of the importance of the revitalization of downtown. -Joy Meredith, Palm Springs, spoke in favor of the project. -Ziva Hillenger, Palm Springs, spoke in favor of the project and requested approval. -Jim Stuart, Palm Springs, spoke in favor of the project and urged approval- -Char, Palm Springs, spoke in favor of the project. -Marvin Roos, MSA Consulting, commented that they prepared the environmental documentation and provided additional information. -Bob Nelson, Palm Springs, Palm Springs, commented that he has traveled all over the world and has seen many mixed use projects. -Jim Gurney, Palm Springs, thanked staff and the development team; spoke in favor of the project. -Tamara Stevens, Palm Springs, spoke in favor of the project and requested approval. There being no further appearances, the Public Hearing was closed. City of Palm Springs Planning Commission Minutes of October 11. 2006 Commissioner Cohen thanked the developer for listening to the people and commented that the balconies be kept clean and clutter free. Tom Doczi, Palm Springs, provided additional details relating to the landscaping and the water feature proposed on the corner of Indian Canyon Way. Commissioner Scott voiced his concern with the density and mass of the project and gave several suggestions. The draft resolution was distributed and reviewed with the Planning Commission. M/S/C (Vice Chair Hochanadel/Cohen, 7-0) To approve the project Architecture, certify the Final E.I.R. and approve PD 311, subject to Conditions of Approval. 7 0�° Department of Planning Services �,' Vicinity Map Ir. a�t LprWq RR �eee 1 L'.` E II I C ir 27 R_UMN_�Dl L - i__ [L O I Legend ProjectArea O 400 Buffer '• CITY OF PALM SPRINGS IE W W CASE NO: 5.1042 PD 311 DESCRIPTION-, To consider an application for a TTM 33514 proposed PD 311 and TTM 33514. The Planned Development District would allow the development of APPLICANT: South Palm Canyon, 125 condominiums and approximately 40,035 square LLC feet of commercial space on an approximate 2.67- acre site at 450 — 490 South Palm Canyon Drive, one CBD, Section 15. AM 513-214-004, 513-214-005, 513-214-010, 513-214-011. EXHIBIT A Case No. 5.1042 — PD-3111 TTM 33514 The South Palm Canyon LLC 450- 90 South Palm Canyon Drive ("The South Palm Canyon Mixed -use Project") CONDITIONS OF APPROVAL September 27, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1042 PD-311 and Tentative Tract Map 33514. 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 ��e- Conditions of Approval Page 2 Case No, 5.1042-PP311 Tentative Tract Map $3514 to settle or abandon a matter following an adverse judgment or failure to appeal shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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. This project shall be subject to Chapters 224 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. 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. Conditions of Approval Page 3 Environmental Assessment Case No. 5.1042-PD311 Tentative Tract Map 33514 7. Any mitigation measures of the Environmental Impact Report (EIR) shall apply to the proposed project. The applicant shall submit a signed agreement that the mitigation measures will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are included in the EIR, and hereby incorporated into these conditions by reference. 8. 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 9. 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. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, 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 11. 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. 12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, Conditions of Approval Page 4 Case No 5.1042-PD311 Tentative Tract Map 33514 irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 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. General Conditions/Code Requirements 14. 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. 15. 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. 16. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17- Separate architectural approval and permits shall be required for all signs- A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 18. All materials on the flat portions of the roofs shall be earth tone in color. 19. 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. Conditlons of Approval Case No 5.1042-PD311 Tentative Tract Map 33514 Page 5 20. 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. 21. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 22. 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. 23. The street address numbering/lettering shall not exceed eight inches in height. 24. 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. 25. 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. 26. Modified architectural and landscaping designs shall be reviewed by the Architectural Advisory Committee prior to City Council action on the project. 27. Assigned parking spaces shall be dedicated to each residential unit in the parking garage. These requirements shall be included in the CC&R's for the project. 28. Prior to issuance of building permits, the applicant shall provide or contribute a public benefit to the City in a form or amount as determined by the City Council as part of the Council's decision regarding the project. Engineering Department STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. The General Plan Amendment of the Circulation Element (Case 5.1122) to reclassify Ramon Road from a 100' wide major thoroughfare to a special street section maintaining the existing variable right-of-way along the project frontage, and to reclassify Indian Canyon Drive from a 100' wide major thoroughfare to a modified 95' wide major thoroughfare along the project frontage, is required to facilitate the proposed development application. In the absence of an approved Conditions of Approval Page 6 Case No, 5.1042-PD311 Tentative Tract Map 33514 General Plan Amendment, dedication of ultimate right-of-way width along Ramon Road and Indian Canyon Drive will be necessary. PALM CANYON DRIVE 3. All existing street improvements, landscaping, and lighting improvements shall be protected in place, except removals approved by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements damaged as a result of the construction of this project, as directed by the City Engineer. 4. Remove the two existing driveway approaches and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 5. Remove the existing street improvements as necessary to construct a 24 feet wide driveway approach with the centerline located approximately 13 feet south of the north property line in accordance with City of Palm Springs Standard Drawing No. 205. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn ingress for commercial and service vehicles only. Residential access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the commercial/service entry to impose the required access restrictions. 6. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the new driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. 7. Construct a decorative pedestrian crosswalk across Palm Canyon Drive at a location to be determined pursuant to further evaluation. The applicant shall provide additional information to the City Engineer to determine an appropriate location. The decorative pedestrian crosswalk shall be constructed in a similar fashion to other crosswalks located north of Baristo Road, including curb pop -outs, decorative concrete pavers, and other improvements. The crosswalk shall be signalized. 8. All broken or off grade street improvements shall be repaired or replaced. INDIAN CANYON DRIVE 9. All existing street improvements and landscaping shall be protected in place, except as otherwise required by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements Conddions of Approval Page 7 Case No 5 1042-PD311 Tentative Track Map 33514 damaged as a result of the construction of this project, as directed by the City Engineer. 10. Remove the two existing driveway approaches and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 11. Remove the existing street improvements as necessary to construct a 26 wide driveway approach for the retail entry with a centerline located approximately 190 feet north of the centerline of Ramon Road in accordance with City of Palm Springs Standard Drawing No. 205. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn ingress and left -turn egress for retail parking only. Residential access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the retail entry to impose the required access restrictions. 12. Remove the existing street improvements as necessary to construct a 39 feet wide driveway approach with the centerline located approximately 24 feet south of the north property line in accordance with City of Palm Springs Standard Drawing No. 205. The driveway approach shall divide with a 20 feet wide northerly commercial/service exit lane and residential exit lane, and a 15 feet wide southerly residential entry lane. The dividing median, if raised, shall include appropriate clearance for a 5 feet wide pedestrian path of travel. Any removal or relocation of existing landscaping, irrigation, electrical and lighting improvements shall be coordinated with the City Engineer prior to removal or relocation. Access shall be limited to left -turn egress for commercial and service vehicles only, and left -turn ingress for residential parking access. Retail parking access shall be prohibited. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the commercial/service exit and residential entry to impose the required access restrictions. 13. An application for an Encroachment Agreement shall be submitted to the Engineering Department for construction of the dividing median within the northerly driveway. The application for the Encroachment Agreement shall be approved prior to issuance of a grading permit. 14. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the northerly and southerly driveway approaches, in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. MY • k 0 . Conditions of Approval Case No. 5.1042.PD311 Tentative Tract Map 33514 Page 8 16. Dedicate an easement for sidewalk purposes extending to the back of the public sidewalk along the entire frontage. 17. All existing street improvements and landscaping shall be protected in place, except as otherwise required by the City Engineer. The applicant shall be responsible for the repair, removal and replacement of existing improvements damaged as a result of the construction of this project, as directed by the City Engineer. 18. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 19. All broken or off grade street improvements shall be repaired or replaced. ON -SITE 20. All on -site two-way drive aisles shall be 26 feet wide. 21. A clearly designated pedestrian walkway of adequate width shall be provided to centralize a location for pedestrians entering or leaving the retail areas and accessing the retail parking. A pedestrian walkway shall be designated along the west and south sides of the ground floor parking level. Traffic signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design of the ground floor parking level to support the use of the walkway by pedestrians and alert vehicles of the potential for crossing pedestrians. 22. Curbed end islands within the ground floor parking level adjacent to spaces 13/27 39, and 55164 shall be widened to ensure adequate sight distance. 23, Cut -through traffic across the northerly commercial/service drive aisle shall be prohibited. Traffic signage, lighting, pavement markings, speed bumps and/or other visual cues shall be incorporated in the design of the ground floor parking level to prohibit cut -through traffic. 24. The applicant shall verify that the geometrics proposed at the commercial/service entry and exit can accommodate anticipated service and delivery vehicles. A site plan with superimposed design vehicle turning path templates shall be provided to the City Engineer to verify that access for service and delivery vehicles is accommodated. SANITARY SEWER t"�� Conditions of Approval Case No. 5.1042-PD311 Tentative Tract Map 33514 Page 9 25. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 26. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R"s) required for this project. te1t7_Ul[e3 27. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. 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 Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or site plan; a copy of current Title Report; a copy of Soils Report; and a copy of the Water Quality Management Plan. 28. 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. 29. 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) Conditions of Approval Page 10 Case No. 51042-PD311 Tentative Tract Map 33514 per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 30. 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. 31. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). ID7:7„11i+1G[Hq 32. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 33. A Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the ground floor parking level. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. GENERAL Conditions of Approval Page 11 Case No. 5.1 o42-PD311 Tentative Tract Map $3514 34. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 35. All proposed utility lines shall be installed underground. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. Conditions of Approval Page 12 tfu:7 Case No. 5 1042-PD311 Tentative Tract Map 33514 41. 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 parcels and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 43. 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, ArcView Shapefile, Arclnfo Coverage or Exchange file (e0D), 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. 44. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement for utility purposes to California Electric Power Company, recorded October 24, 1958, as Instrument No. 76730; a non-exclusive right to use right of way and easement on, across and upon land in favor of Saks & Company, recorded March 4, 1958, in Book 2232, Page 198, Official Records; and an easement for public utility purposes to Southern California Edison Company, recorded June 18, 1992, as Instrument No. 225090, shall be extinguished, quit -claimed, relocated or abandoned to facilitate development of the subject property. Building(s) encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the property. TRAFFIC Conditions of Approval Page 13 Case No. 5.1042-PD311 Tentative Tract Map 33514 45. As determined by The Palm Canyon Planned Development District Focused Traffic Impact Analysis prepared by Endo Engineering dated June 14, 2006, the following mitigation measures are required: a. The project one-way access points on Palm Canyon Drive and Indian Canyon Drive are restricted to either left -turn ingress or egress only. Install traffic striping and signage improvements to implement the access restrictions as required by the City Engineer. b. Install a "Commercial/Service Entry Only" sign facing the southbound traffic on Palm Canyon Drive at the driveway approach at the northwest corner of the site. Install raised reflectorized pavement markers or speed bumps on -site to discourage the use of this entry by non -site traffic avoiding the traffic signal at the intersection of Palm Canyon Drive and Ramon Road, as required by the City Engineer. c. Traffic striping and signage shall be installed prohibiting on -street parking along the Indian Canyon Drive site frontage to provide adequate site distance from the proposed driveways. d. Provide a minimum 50 feet long driveway throat at the southerly retail entry on Indian Canyon Drive and provide a 4 inch solid yellow stripe between the entry and exit lanes. Provide signage for northbound traffic on Indian Canyon Drive indicating that the two-way driveway is for retail vehicles only, as required by the City Engineer. e. To discourage retail customer vehicles from using the one-way site exit onto Indian Canyon Drive at the northeast corner of the site, install an on -site "Commercial/Service Exit & Residential Entry" sign and/or install raised reflectorized pavement markers or speed bumps on -site, as required by the City Engineer. f. Install distinctive entry treatments (including signage, lighting, pavement markings, and/or other visual cues) at the residential only entry at the northeast corner of the site on Indian Canyon Drive to decrease the potential for motorist confusion. A residential/guest turnaround shall be provided on -site. g. Sychronize the traffic signals for eastbound and westbound traffic on Ramon Road prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. h. Traffic striping and signage shall be installed prohibiting on -street parking along the north and south sides of Ramon Road between Palm Canyon Drive and Indian Canyon Drive, and to provide two eastbound through lanes. A 175 feet long left turn bay for westbound traffic, and a 125 feet long left turn bay for .lp_ Conditions of Approval Page 14 Case No 5.1042-FID311 Tentative Tract Map 33514 eastbound traffic shall be provided. Submit traffic striping and signage plans prepared by a California registered civil engineer or traffic engineer for review and approval by the City Engineer. 46. Install a 24 inch stop sign, stop bar, and "STOP" legend at all project exits, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 47. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Palm Canyon Drive, Indian Canyon Drive, and Ramon Road frontages of the subject property. 48. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on -site, all appropriate permits must be secured. Conditions of Approval Page 15 Fire Department Case No. 5.1042-PD311 Tentative Tract Map 33514 1. Insufficient information: There is insufficient information to completely provide all fire department conditions. These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. 2. Public Safety CFD 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 63311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $600 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 3. Plot Plan: Prior to completion of the project, a 85M 1" 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. 4. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 5. Radio Communications: The building will include all necessary wiring and antennas required for a "Built -In Radio Amplification System". This requirement is necessary for fire department radio communications within the building. 6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. Conditions of Approval Page 16 Case No 5.1042-PD311 Tentative Tract Map 33514 7. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 8. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 9. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 10. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Standpipes will be required at every level in the stairwells. 11. 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. 12. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 13. 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 feet from such roads. CFC 902.2.1 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire department for approval. 14. Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet •(3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. Conditions of Approval Page 17 Case No 5.1042-PD311 Tentative Tract Map 33514 15. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 16. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 17. 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). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 18. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1 CFC) 19. 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. 20. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 21. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 22. Underground Parking: A Class III Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Hose will not be required. 23. Underground Parking: Automatic smoke removal system to be required for subterranean parking. 24. Ground Level Parking Structure: Capable of supporting a vehicle weighing 73,000 pounds and 13 feet 6 inches in height. Conditions of Approval Page 18 Case No. 5.1042-PD311 Tentative Tract Map 33514 25. Turn -Around Requirements for Subterranean/Ground Parking: 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) 26. Ventilating Hood & Duct System: A ventilating hood and duct system shall be provided for commercial -type food heat -processing equipment that produces grease -laden vapors. (1005.1 CFC) 27. Fire extinguishing system required: Approved automatic fire extinguishing systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC) 28. Elevator Stretcher Requirement: Elevator shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 76 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42 inch side slide door. (3003.5a CBC) 29. 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) Gates 30. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 31. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 32. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) Iq i; I3I91 ;991970 11l11111111111M 003P c�`'�°"`''P PPlanning Commission Staff Report Date: October 11, 2006 Case No.: 5.1042 — PD 311 & TTM 33514 Application Type: Planned Development District, Tentative Tract Map and Architectural Approval Location: 450-490 South Palm Canyon Drive, north of Ramon Road and between South Palm Canyon Drive and Indian Canyon Drive. Applicant: South Palm Canyon, LLC (Wayne & Frances Lee) Zone: C-B-D (Central Business District) General Plan: C-B-D (Central Business District) APNs: 513-214-004, 005 & 613-214-010, 011 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward 0. Robertson, Principal Planner The above -referenced project was presented to the Planning Commission at the public hearing that was held on September 27, 2006. At that meeting, staff recommended to the Commission to continue the public hearing to the meeting of October 11, 2006, in part to allow the 45-day review period of the Draft Environmental Impact Report which ended on September 28, 2006. Final Environmental Impact Report (FEIR) Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, a Notice of Preparation of an Environmental Impact Report was prepared and circulated for this project. Copies of the Draft EIR were previously distributed to the Commission as well. Furthermore, Notices and Draft Reports were sent to all applicable agencies and published in accordance with CEQA. The review period ended on September 28, 2006; no comments were received as of that date. A Final NJ n M C M r O m Planning Commission Staff Report 1Oil 1106 Case, 5 1042 — PD 3111 TTM 33614 Page 2 of 3 Environmental Impact Report has been prepared and is provided along with this memo for your review and certification. General Plan Analvsis In addition to the analysis already provided in the staff report dated September 27, 2006, staff is asking the Commission to consider not requiring additional dedication of right-of-ways along Ramon Road and Indian Canyon Drive by the applicant. According to the Circulation Element of the General Plan, an additional dedication of 20 feet of right-of-way along Ramon Road, and 5 feet along Indian Canyon would be required of this project. Currently, the north side of Ramon Road provides 30 feet from the centerline, and Indian Canyon provides 45 feet from centerline. The Circulation Element requires 50 feet from the centerline for both streets. However, Per General Plan Policy 7.1.5, "Cross-section standards may be modified by the Planning Commission andlor City Council to take into consideration the need for special right-of-way widths, street improvements, or pavement widths; where property cannot be feasibly acquired and/or within the downtown to facilitate traffic calming and public parking facilities and -or where_ the street will scar the landscape due to the nature of the terrain and/or to create area needed to provide linear parks, bicycle or other alternative transportation facilities and/or achieve an urban design and special street program such as traffic calmina nroarams, pedestrian oriented streetscape, bike or alternative transportation paths, and/or other coordinated programs as proposed; or in response to a specific plan or planned development district. In addition, the determination of the Planning Commission and/or City Council shall conclude that there are no significant impacts to health, safety, and welfare of the residents of Palm Springs" In this case, staff has concluded that since the proposed site and its immediate surroundings are fully developed with streets, sidewalks, curbs and gutters, the Planning Commission could make a finding that a modification to the cross-section standards at the proposed location would not be necessary. A traffic study that was prepared by Endo Engineering dated June, 2006, also concluded that the existing improvements along Indian Canyon Derive and Ramon Road should remain without further modifications. RECOMMENDATION That the Planning Commission approves the project architecture, certify the Final Environmental Impact Report (FEIR), and approve PD-311 subject to the attached Conditions of Approval. ward �R�beitson � i ing, AI P ncipal Planner Dir of Plan n Services r �a z z M v M I-4 cn 0 Planning Commission Staff Report Case, 5,1042 — PD 311 / TTM 33514 Attachment: 1, Final Environmental Impact Report (FEIR) I 0 7 10/11/06 Page 3 of 3 `l•"�r' 7'17 f ., •r U) n NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO- 5.1042 - PLANNED DEVELOPMENT DISTRICT 311 TENTATIVE TRACT MAP 33514 THE SOUTH PALM CANYON MIXED -USE PROJECT 450 - 490 SOUTH PALM CANYON DRIVE 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 25, 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 The South Palm Canyon LLC, for a proposed Planned Development District 311 and Tentative Tract Map 33514 for a condominium map.' The Planned Development District would allow the development of up to 124 condominium units and approximately 39,000 square feet of commercial space on approximately 2.67-acre site bounded by, South Palm Canyon Drive on the west, Indian Canyon Drive on the east, and Ramon Road on the south, Zone CBD, Section 15. ENVIRONMENTAL DETERMINATION: A Final Environmental Impact Report (FEIR) 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, between the hours of 8:00 a.m. and 3:00 p-m-, Monday through Friday. 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, at (760) 323-8245. Si necesita ayuda con esta Carta, porfavor Ilame a la Ciudad de Palm Springs y puede-hablar_ cony Nadine Fieger telefono (760) 323-8245. - --- - - Thompson, City Clerk N Department of Planning Services vv+E -��p-�� Vicinity Map $ �H - •� . C • •9�11, - e LPI f TI, OR NSam- • j _ M f. .. ,� • ► � - • i r CITY OF PALM SPRIIJGS CASE NO: 5.1042 PD 311 DESCRIPTION: To consider an application for a TTM 33514 proposed PD 311 and TTM 33514 for a condominium map. The Planned Development District would allow the APPLICANT: South Palm Canyon, development of up to 124 condominium units and LLC approximately 39,000 square feet of commercial space on an approximate 2.67-acre site at 450 — 490 South Palm Canyon Drive, Zone CBD, Section 15. APN: 513-214-004, 513-214-005, 513-214-010, 513-214-011. 00`3 PROOF OF PUBLICATION (2015.5.C.C.P) This Is sp;mc fur County Clerk's filmg Stamp NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS STATE OF CALIFORNIA CASE NO- 6.1042 - Counly of Riverside PLANNED DEVELOPMENT DISTRICT 911 TENTATIVE TRACT MAP 33514 THE SOUTH PALM CANYON MIXED -USE PROJECT 460 - 490 SOUTH PALM CANYON DRIVE NOTICE IS HEREBY OIVEN that the City Council of the City of Palm Springs, Calltorma, will hold a ppublic hearing it Its meenngg of October 25, 2006. Tho City Council mectingg''br 9Ins at b:00 pm. in I am a ci(iicn Of the United States and a resident of :he Couneil.GbamberM testy Tlalh 3200 East lsh- the COurl aforesaid; I am over the age Of eighteen Guitz Canyon way, Palm Spring s. years, and oat;I party to or interested in the The, ppurpose of this heerinq Is to consider an-ap- pllcation byy the South Palm C:myyon LLCr ,or a above -entitled matter. I am the principal cleric of a roposocr lanned Dpevelopment Df tnct 311 and printer of the, DESERT SUN PUBLISHING ge .,The Planned' ev33614 3o iiri �iai would) al. COMPANY n newspaper of general circulation, low lorox matei 39 o 1 s condominiuuaru last m printed and published In the city of Palm Springs, commercial space on approximatcly 2.07-acre site bounded by Scum Palm Canyon Drive on the County Of Riverside, and which newspaper has been west, Indian Canyon Drive on the east, and Ra- adjudged a newspaper of general circulation by the man Road on the south, Zone CsiD, section 15. Superior Court Of the County of Riverside, State of rr,� California under the date ol'March 24, 1988. Case Number 191736; that the notice, of which the ' Ity; �! II` �Ir�l'I p--{ II i.,,.,., annexed is a printed copy (set in type not smaller I r ii Than non pariel, has been published in each regular and entire issue of said newspaper and not in any I I=�11L I -I a -I I i I ,IL I supplement thereof on the following hates, to wit: --1T"1 i, r L'-�L""'•�'° r 1 i I'Zfy�l i.I..".I October 14'1h, 2006 ^-----•••••------...••-. rS:,I���.i;�:.r All in the year 20�•�-----yy i` I certify (or declare) under penalty of perjuiy that the ENVIRONMENTA DETERMINATION: A Final foregoing is true and correct, Environmental Impact Report (FEIR) was prepared for this roject under the guideline of the C lihor- his Environmental Quality Aci CEQA and will be rovlewed by the City Councll at �he hendng, pr Members of the public may view this document ai Dated at Palm Springs, California this --- 17 — day ina Planning Services Department, City Kill, be- tween the hours of 8'00 a.m. and 3:00 p.m. Mon- Ti Octob _ day ttxough. Friday_' -^ ----, 2006 REVIEW -OF PROJECT INFORMATION: The staff report and other supporting dacumem, regarding this protect are also available Tor public review Ct Cary %11 between the hours of 6:00 din. and 5:00 LO pp m., Monday mrough Fridayy. Please contact the } -- OHlce of the City Clerk at p60) 323-6204 if you _ R••--•— -----� n Tore -••. _____ would like to schedule 3n appointment t0 review I NN V these documents. this 60MMEocybSdevlerballePublctie maemaerverbally ;A hl Hearing and/or In writing peters the hcarinq writ- S'i- "-^ ten comments may be madr to the Cny Councll J� ` by letter (for mail Or hand delivery) to: James 7homosan Clry Cleric C:r p_ "- 3200 E. Tali Can yyon Way Palm Springs, CA 92262 c'"' "U Any challenge of Ilse proposed project in court O — mayy be limited to raring only those 13,:ues nosed at the public hearing described in this notice or in written correspondence delivered! to the City Clerk at, or pnor to the ieurn hle Nearing. (Gove- `V � V ✓ ment Coda Section 050f]9[b [21), An opportunity will be given at said hearing �or all mteresteo per. sons to be heard. OuestlonC re99urdln0 INS nosemay may be directed to Edward O, 19obcrtson, Princi- ppal Planner Planning Service.. Department, at (760r 323.824G, Si necesUa ayuda con esta Carta podavor (lame a la Ciudad de Palm Senn y pestle hablar con Nadine Fleger teiefono (70) 33-8245, James Thompson, City Clerk Published: 10114120OB ALA3SA� e N City of Palm Springs * Office of the City Clerk * ryaaFe ^ / ) 22 2 oRareo'9 3=00 E. Tahywcz („unypn \Yay IaLn Springs, Calilornia)!_ t' �P Tcl: (760) '_'D-82{J4 • Fx% (760) ,22-833' ° Wrcb: wwwxi.pulm-srrin,p cans R�t�ORN October 12, 2006 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado. - RE: City Council Meeting — October 25, 2006 The South Palm Canyon — Mixed -Use Project 450 — 490 South Palm Canyon Drive The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on October 25, 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: 508-094-038 508-094-036 508-094-035 508-094-015 508-094-014 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, U_�'k Kathie Hart, CIVIC Chief Deputy City Clerk /kdh H �USERS%C•CLK\HCalm 7 NOUCes\PHN la BIA-S Palm Cenyen ProjCct 10-25.00e Encl: Public Hearing Notice (5 copies) Postage Paid Envelopes (5) Post Office Box 2743 ' Palrn Springs, Cafifornia 92263-2743 FPp'�M SA A. F ' y City of Palm Springs u c A Office of the City Clerk + ��eq * 3200 H. Talaquicz Canyon Way • Palm Springs, California 92262 egaTcv' C �P lei: (?GU) 323-b'OQ •Pax (°GO)"_-5337 • Wch: www.n.palui-sprma. gs.cus Q1/PORN 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 The South Palm Canyon LLC, for a proposed Planned Development District 311 and Tentative Tract Map 33514 for a condominium map, was mailed to each and every person set forth on the attached list on the 12th day of October, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (79 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 12th day of October, 2006. XAM'ESTHOMPSON City Clerk /kdh Affidavit -The South Palm Canyon Project 10-25.doe Q0t�71 Post Office Box 2743 ► Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Case 5.10421 TTM 33514 MS APRIL HILDNER MR TIM HOHMEIER South Palm Canyon LLC (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting-10.25.06 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS (BEL DESIERTO NEIGHBORHOOD) 930 CHIA ROAD PALM SPRINGS CA 92262 MS DIANE AI-LSTROM (MOVIE COLONY NEIGHBORHOOD) 475 VALMONTE SUR PALM SPRINGS CA 92262 MR BOB DICKINSON VISTA LAS PALMAS HOMEOWNERS 755 WEST CRESCENT DRIVE PALM SPRINGS CA 92262 MS LAURI AYLAIAN HISTORIC TENNIS CLUB ORG 377 WEST BARISTO ROAD PALM SPRINGS CA 92262 VERIFICATION NOTICE I AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 1 SPONSORS,_ 1 _ I 1,__,_,_ MR ROBERT HERSCU SOUTH PALM CANYON LLC 4641 LEAHY STREET CULVER CITY, CA 90232 MR MARK WELZ & MS TAMMY MC KERROW THE JERDE PARTNERSHIP 913 OCEAN FRONT WALK VENICE, CA 90291 MR JOHN HANSEN (WARM SANDS NEIGHBORHOOD) PO BOX 252 PALM SPRINGS CA 92263 MR BOB MAHLOWITZ (SUNMOR NEIGHBORHOOD GROUP) 246 NORTH SYBIL ROAD PALM SPRINGS CA 92262 MR BILL SCOTT (OLD LAS PALMAS NEIGHBORHOOD) 540 VIA LOLA PALM SPRINGS CA 92262 MODCOM AND HISTORIC SITE REP CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIAN$ 777 E TAI-IQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MR & MRS WAYNE LEE SOUTH PALM CANYON LLC 4641 LEAHY STREET CULVER CITY, CA 90232 MR GEORGE HERSCU 10866 WILSHIRE BLVD., #225 LOS ANGELES, CA 90024 MS MALLIKA ALBERT (CHINO CANYON ORGANIZATION) 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 MS PAULA AUBURN (SUNRISE/VISTA CHINO AREA) 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 MR SEIMA MOL01 (DESERT HIGHLAND GATEWAY EST) 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262-2459 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 CASE 5.1042 PD 311 MRS. JOANNE BRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MR ROBERT OZELL SOUTH PALM CANYON LLC 4641 LEAHY STREET CULVER CITY, CA 90232 MR BRIAN LINNEKENS 1133 5' STREET, 4101 SANTA MONICA, CA 90403 009-601-701 PITTS INDIAN AVE INC 115 S INDIAN AVE PALM SPRINGS, CA 92262 009-605-911 MUENCH LOTHAR PO BOX 3125 PALM SPRINGS, CA 92263 ' 508-094-014 USA BIA 508-094-035 USA 508 508-094-039 FENNESSEY TRUST 7563 13TH HOLE DR WINDSOR, CA 95492 513-203-007 DEL NORTE INVESTMENT CO LLC 4641 LEAI-IY ST CULVER CITY, CA 90232 513-204-004 HOLPSRAC 4221 WILSHIRE BLVD 430 LOS ANGELES, CA 90010 009-601-908 D & L ENTERPRISES 29782 TERACINA LACUNA NIGUEL, CA 92677 009-605-912 WELLS FARGO BANK 1350 FASHION VALLEY RD 3RD SAN DTEGO, CA 92108 009-603-040 FOUR SEASONS SMORGASBORD INC 36376 OAK RIDGE DR YUCAIPA, CA 92399 009-607-326 A & I PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 508-094-015 508-094-016 USA BIA PITTS IND AVE INC �/ 1 PO BO . 611 S RANCISCO, CA 94120 508-094-0M USA BIA 508-121-001 SIERRA NEVADA DEV 600 S ARLINGTON AVE RENO, NV 89509 513-203-012 KILROY MICFIAEL I 425 VIA CHICO PALOS VERDES ESTATES, CA 90274 508-094-038 USA 508 5 D-203-006 LWSC LLC 4221 WILSHIRE BLVD 430 LOS ANGELES, CA 90010 513-204-003 PALM SPRINGS ORANGE LAND 7714 WOODROW WILSON DR LOS ANGELES, CA 90046 513-212-002 513-212-003 MICHAEL ALAN ROSEN POUNDATTON HABER MELVYN 16501 VENTURA BLVD 304 200 RAMON RD ENCINO, CA 91436 PALM SPRINGS, CA 92264 513-213-001 513-213-005 1 513-213-007 DEL NORTE INVESTMENT CO LLC GREAT WESTERN SAVINGS FED SVGS DILLER ASSOC 4641 LEAHY ST &LOAN ASSN PO BOX 5009 CULVER CITY, CA 90232 PO BOX 7788 BELLEVUE, WA 98009 NEWPORT BEACH, CA 92658 513-713-012 513-213-013 513-213-014 DILLER ASSOC DILLER ASSOC HMS -PALM SPRINGS 1 121 S PALM CANYON DR PO BOX 5009 300 S PALM CANYON DR PALM SPRINGS, CA 92262 BFLLEVDE, WA 98009 PALM SPRINGS, CA 92262 1 513-213-015 513-214-002 513-214-004 DILLER ASSOC HOLPSRAC HERSCU COMMUNITY PROP TRUST PO BOX 5009 4221 WILSHIRE BLVD 430 N/AVAIL BELLEVUE, WA 98009 LOS ANGELES, CA 90010 1 c 1-h 513-214-005 I•IERSCU COMMUNITY PROP TRUST N/AVAIL 513-214-011 PIERSCU COMMUNITY PROP TRUST N/AVAIL 009-607-908 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 508-122-001 KAMLNS PAUL B 1551 SLEEPY HOLLOW LOOP GRANTS PASS, OR 97527 513-280-013 USA 513 WASIIINGTON, DC 21401 009-610-417 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 508-121-003 IOCOVOZZI DAMIAN DESANO 627 POPPY ST PALM SPRINGS, CA 92262 508-121-013 SIERRA NEVADA DEV 600 S ARLINGTON AVE KENO, NV 89509 513-280-018 USA 513 WASHINGTON, DC 21401 508-122-004 NORTON MARGARETL 534 S CALLE AJO PALM SPRINGS, CA 92264 513-214-008 HOLPSRAC 4221 WILSHIRE BLVD 430 LOS ANGELES, CA 90010 513-280-001 500 SOUTH PALM CANYON LLC 500 S PALM CANYON DR 100 PALM SPRINGS, CA 92264 009-610-418 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 513-214-010 IIERSCU COMMUNITY PROP TRUST N/AVAIL 513-280-010 USA 513 508-121-002 MITTELMANN GABRIEL 1552 S SAN JOAQUIN DR PALM SPRINGS, CA 92264 513-280-004 BANK OF AMERICA NATL TR & SVGS 513-280-005 ASSN USA 513 PO BOX 2818 , ALPHARETTA, GA 30023 513-280-017 USA 513 WASHINGTON, DC 21401 009-610-418 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TAP ZANA, CA 91356 508-121-004 LEWIN BERNARD 16 SUMMER SKY CIR RANCHO MIRAGE, CA 92270 513-280-015 USA 513 WASHINGTON, DC 21401 508-122-002 SCOTT TIMOTHY A 514 S CALLE AJO PALM SPRINGS, CA 92264 009-608-512 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 009-610-421 A & J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 TARZANA, CA 91356 508-121-012 SIERRA NEVADA DEV 600 S ARLINGTON AVE RENO,NV 89509 513-280-016 USA 513 WASIIINGTON, DC 21401 508-122-003 TAYLOR LUCILLE 524 S CALLE AJO PALM SPRINGS, CA 92264 I 1 1 i 1 1 1 1 1 1 i 1 1 1 1 1 1 1 Final Environmental Impact Report SCH No. 2006061073 The Palm Canyon Mixed Use Project Palm Springs, CA Submitted To: City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 �o Palm Springs, CA 92262 Prepared By: MSA Consulting, Inc. 34200 Bob Hope Drive ID Rancho Mirage, CA 92270 October , 2006 FINAL ENVIRONMENTAL IMPACT REPORT SCH No. 2006061073 The Palm Canyon Mixed Use Project Palm Springs, CA Submitted To: City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 Prepared By: MSA Consulting Inc. 32400 Bob Hope Drive Rancho Mirage, CA 92270 October , 2006 I 1 li 1NAL EN` TRONMENTAL a1PACT REPORT The Palm Canyon, Palm Sprmgs CA Tablc of Contents 1 TABLE OF CONTENTS t 1.0INTRODUCTION 1.1 Purpose ...... ................................................................................................. 1.2 Environmental Review Process......................................................................1 ' A. Environmental Processing ............ 1 1.3 Organization of the Final E1R.........................................................................3 ' 2.0 DESCRIPTION OF REVISIONS TO THE PLANNED DEVELOPMENT DISTRICT (PDD) 2.1 Purpose................................................................................... .............4 ' 2.2 Project Objectives.... ......................... ......................... .......................4 2.3 Comments and Responses to PDD Revisions.................................................4 A. City of Palm Springs Fire Department.......................................................5 A.1. Response to Fire Department Comments..........................................6 B. City ofPahn Springs Engineering Department ............ ..........................8 B. I. Response to City Engineering Department Comments ....................10 C. City of Palm Springs Lngmeering Comments on Traffic Impact Study. I I C-1. Endo Engineering Response to Comments on Traffic Study ..........12 ' 3.0 REPONSES TO 'WRITTEN COMMENTS 3.1 Summary ............................................................................ ............20 3.2 State and Regional Agency Comments........................................................21 ' A. Department of Toxic Substances Control...............................................2_1 A.1. Response to Department of Toxic Substances Control Connnents ..25 ' B. SunLine Transit Agency ................ .................... ..................... B. I. Response to SunLine Transit Agency Comments .............................29 .28 3-3 Local Public Agencies (None Received)......................................................30 3.4 3-5 Other Organizations (None Received)...............................................I..........30 Private Parties Received) (None ...................................................................30 LIST OF EXHIBITS Exhibit A. Aerial Ladder Operations Accessibility..........................................................17 Exhibit B- Underground Level Plan ..................................................................................18 Exhibit C. Ground Level Plan ........ ...................... ................... ..........................19 1 I 1 1 1 Li I I 1 i 1 i I I 1 L FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 1.0 Inrroduction 1.01NTRODUCTION 1.1 PURPOSE This introduction is included to provide an overview of the content and format of this Final Environmental Impact Report (Final MR) for the proposed project, The Palm Canyon. This overview provides a description of the environmental process undertaken by the City of Pahn Springs for the project. 1.2 ENVIRONME+NTAL REVIEW PROCESS The City of Palm Springs is the Lead Agency responsible for the preparation of the Environmental Impact Report (EIR), as defined by Section 15050 of the California Environmental Quality Act. The City directed the preparation of this document in fulfnlhaernt of its environmental review requirements pursuant to provisions of the California Envlronnwntal Quality Act (CEQA) (Public Resources Code Section 21000- 2117,) CEQA Guidelines and the Lead Agency's local CEQA implementation requirements, all as amended. A. Environmental Processing In accordance with Section 15063 of the CEQA, the City of Palm Springs conducted an Initial Study and determined that the project raised potentially significant concerns. A Draft EM was prepared to assure adequate review of potential impacts associated with the approval and implementation of the proposed project. The City of Palm Springs prepared and distributed on June 12, 2006, a Notice of Preparation (NOP) to public agencies and interested parties stating that the City would be preparing an EIR. In accordance with CEQA requirements, a 30-day period was provided for responses to the NOP. This review period ended July 12, 2006. Based on a review of the Proposed Project, the Initial Study and responses to the Notice of Preparation, the City determined that the EIR should address the following topics: o Aesthetics • Air Quality o Cultural Resources o Geology and Soils o Hazards and Hazardous Materials o Hydrology and Water Quality o Land Use and Planning o Noise •Public Services a Transportation/Traffi c oUtilities and Service Systems 1 I 1 1 1 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 1.0 Introduction The Draft EIR was prepared and circulated for a 45-day public review period on August 14, 2006, in conformance with the requirement of Section 15161 (Sec. 15087/Public Review- Sec. 15205/State ,Review) of the C&'OA Guidelines. The 45-day review period ended September 28, 2006. Written comments received will be reviewed and evaluated for inclusion in the Final EIR. The City of Palm Springs as Lead Agency is required to evaluate comments received on environmental issues from parties who reviewed the Draft EIR. In confomrance with requirements of State CEQA Guidelines, Section 15088, the Lead Agency shall respond to written comments on the Draft EIR. These responses are incorporated into Section 3.0 of the Final EIR. ' Section 15088.5 of the CEQA Guidelines requires the recirculation of a Draft ETR if significant information is added to the EIR after it is circulated for public review but before circulation. Significant information may include information showing new significant impact not identified in the Draft EIR, new feasible mitigation measures different from those previously analyzed, or, a substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted to reduce the impact. No comments were received from reviewing entities addressing the Draft EIR. However, ' comments were received during the Draft EIR re-,iew period addressing the Notice of Preparation (NOP) as well as correcting previously received comments. The information provided in Section 3.0 is in response to comments received during the Draft EIR circulation period regarding revisions to the project. The comments do not identify new significant impacts or a substantial increase in the severity in any of the significant impacts identified in the Draft EIR. No new mitigation measures have been identified 1 that are substantially different from those identified in the Draft EIR Minor revisions and corrections to text of the Draft EIR are included in response to the ' comments received from the Lead Agency, none of which change the conclusions concerning significant impacts in the Draft EIR. Therefore, recirculation of the EIR for additional public review is not required by CEQA as a result of the information included in the Final EIR. Project revisions proposed by the Lead Agency and in response to the environmental ' review process, were incorporated by the project applicant. These revisions are discussed within the Final EIR to demonstrate the effectiveness of the CEQA process in this ' particular instance. [1 1 1 2 I FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Spnngs CA 1.0 Introduction 1.3 ORGANIZATION OF THE FINAL EIR ' This Final EIR contains the elements required by Section 15132 of the CEQA Guidelines. Section 1 provides an Introduction of the environmental process. Section 2.0 describes revisions to the Planned Development District (PDD) which occurred in response to the environmental process. Section 2.0 also incorporates the response from Traffic Consultant to the City's request for clarification on the project upon review of the Draft EIR and Traffic Study. Section 3.0 includes persons, organizations and public agencies commenting during the Draft EIR public comment period. The Final EfR incorporates the Draft EIR (dated August 2006) including reference to all appendices. The Draft E1R is available for review at the City of Palm Springs, Planning ' Department, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. 1 I I 1 I .1 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon. Palm Sprinbs CA ' 2.0 Description of Revisions To Planned Development District (PDD) ' 2.0 DESCRIPTION OF REVISIONS TO PLANNED DEVELOPMENT DISTRICT (PDD) ' 2.1 PURPOSE 1 This section provides a description of the revisions to the proposed project, The Palm ' Canyon. These revisions are in response to issues raised by the City of Palm Springs Engineering Departrnent and Palm Springs Fire Department during the Draft EIR process. 1 2.2 PROJECT OBJECTIVES ' The project description is to include '"a statement of objectives sought by the applicant" who "will aid the decision makers in preparing findings." The objectives of the proposed Palm Canyon Project are: ■ Add to the vitality of downtown Palm Springs through redevelopment by replacing an underutilized grouping of commercial buildings with a vibrant mixed Iuse community. Add to the diversity of the housing opportunities in the downtown Palm Springs ' area by providing a high quality condominium community. • Enhance the south entry to the Palm Springs downtown by providing a high ' quality, mid-century style building that reflects the unique character of the city. ' 2.3 COMMENTS AND RESPONSES TO PDD REVISIONS ' As illustrated in Section 3.0 of this Final EIR, no comments on the Draft EIR were received from agencies or interested parties. However, in response to the environmental review process, the Lead Agency presented comments to the Applicant and sub - consultants that resulted in changes to the project itself. The redesigned elements described herein, in response to requests presented by the City, work to address some of the impacts discussed within the Draft EIR. Sorne minor text changes to the DEIR were included in these comments and are also addressed within this section. The Traffic Study was also revised to clarify mitigation measures and issues discussed within the original Traffic Study and the DEIR. Comments from the Lead Agency have been addressed thus far by redesign of some elements of the project or by Conditions of Approval. Exhibits A, B and C of this document reflect some of the revisions that occurred within the project plans and in response to comments received from the Palm Springs Engineering Division and the Palm Springs Fire Department. I 1 4 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 2,0 Description of Revisions To Planned Development District (PDD) A. Comments from Citv of Palm Snrinus Fire Deoartment - July 7. 2006 From: Scott Ventura Sent: Friday, July 07, 2006 12:42 PM To: Edward Robertson Cc: Blake Goetz Subject: EIR for changes for The Palm Canyon (Case 5.1042) Importance: High Edward, 1 Here are the fire department reasons that create a "Potentially Significant Impact" for "fhe Palm Canyon" development under the public services: ® Today. the City of Palm Springs ]Fire Department is rated as a Class 3 department. This project will have a direct negative affect of the fire department's ISO rating due to the height of the proposed buildings. Without the addition of a 105' atrial ' ladder truck it is certain that the fire department's ISO classification will drop to a Class 4 rating resulting in increased insurance costs to all businesses in Palm Springs, Mitigation possibili ties include the purchase by this development of a 105' Quint Aerial Ladder Truck that will allow fire & rescue operations to be performed. ' 0 The second issue is the inaccessibility for aerial ladder operations to get ' close enough to the buildings in the center of this development to perform rescue and firefighting operations. This creates a critical concern to public safety- Mitigation possibilities include the design of approved access roads to the affected buildings to allow aerial ladder operations. The residential condominiums will increase the population in this fire district. Station 441 currently services this location for emergency services and currently handles 30% of all 911 emergencies between the five (5) fire ' stations in the City of Palm Springs. The increase in residential use created by the condominiums will create a greater demand for emergency services by the fire department. Mitigation possibilities include increased staffing for the fire department. ' •SCOtt VeWura Division Chief Pahn Sprints Fire Department ' Once: 760-323-8187 Cell: 760-217-6234 Scom,@ci-vaii?i-soriizes.ca.us 1 I I FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 2.0 Description of Revisions To Planned Development District (PDD) A.7. Response to .Fire Department Comments First issue: ' Project proponent and City of Palm Springs Fire Department have conducted meetings to review and address fire protection services issues associated with The Palm Canyon project. The following Conditions of Approval delineated by the Palm Springs Fire Department are included in the Planning Commission Staff Report dated September 27, 2006. ' Public Safety CFD 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 Conununity ' Services District tinder the authority of Government Code Section 53311 et seq, or other appropriate statutory or mtmicipal 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 aimually with a consumer price index escalator. The District shall be formed prior to sale of any lots or covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Second Issue: Project proponent and City of Palm Springs Fire Department have conducted meetings to review and address fire protection services issues associated with The Palm Canyon ' project. Revisions to project site design have been made in response to the City Fire Department requirements, specifically priority access for emergency equipment to all areas of the project. (See Exhibit A and Exhibit Q. The following Conditions of Approval delineated by the Palm Springs Fire Department are included in the Planning Commission Staff Report dated September 27, 2006. 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 feet from such roads. CFC 902 2-1 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire department for approval. Mid-Rise/High-Rise High-rise and mid -rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3043 mm) or more than 35 feel (10668 min) from the building. Landscaping or other obstruction shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations- 1 ' FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA t2.0 Description of Revisions To Planned Development District (PDD) Third Issue: Project proponent and City of Palm Springs Fire Department have conducted meetings to review and address fire protection services issues associated with The Palm Canyon project. The following Conditions of Approval delineated by the Palm Springs Fire Department are included in the Planning Commission Staff Report dated September 27, 2006. Public Safety CFD 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 outer safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community I I I I I 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 atnount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The District shall be formed prior to sale of any lots or covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 7 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 1 2.0 Description of Revisions To Planned Development District (PAD) B. City of Palm SnrineS Enzineering Denartment - Aneust 28. 2006 From: Carol Templeton [Carol.Templeton@palmsprings-ca.gov] Sent: Monday, August 28, 2006 5:55 PM To. Witherspoon, Miclzelle; Chung, Frances; Edward Robertson; Roos, Mary Subject: TTM33514 (Palm Canyon LLC) These are the revised comments as a result of using the 2/14/06 site plan given to us by MSA on Fnday, 8/25106. The changes on the comments emailed on Thursday, 8/24/06 are noted in red. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division ' Direct (760) 323-6253 Ext. 8741 Fax (760) 322-8360 or 322-8325 ATTN; My email has changed to: Carol.Temmleton@nalmsorings-ca.uov ' From: Carol Templeton Sent; Thursday, August 24, 2006 5:02 PM ' To, 'Witherspoon, Michelle'; Edward Robertson; 'Roos, Marv' Subject: TTM33514 (Palm Canyon LLC) ' Engineering Comments on Draft EIR: The comments in black were from the previous list of comments that remain uncorrected. The comments in blue are new or revised comments. The comment in bold blue is something that needs to be addressed immediately. 1) Pg. 2: 1.4: Format of this EIR: Section 4.0: Summary of Project Impacts: 2"a Line: There should be a comma after the ward "project' ' 2) Pg. 3: Section 5.0: Cumulative Impacts: ls` Line: There should be an apostrophe before the letter "s" in the word Project's 3) After Pg. 9: Exhibit 2.$-4: Site Plan: Note that any driveway access must be a ' minimum of 6 feet from the north property line. On the 2/14/05 version of the Ground Floor Plan (Sht. Al -1), both driveways are only 2 feet away from the north property ' line. If you have an update of this plan, please send to the City of Palm Spring Engineering Division A.S.A.P. 4) Pg. 67: 3'" Paragraph: To line: It states that project construction will typically operate six days per week. This is typically not allowed in the City of Palm Springs. Has permission been granted for this? 5) Pg, 185: 4'h Paragraph: 6Ch Line: Place a comma after the word "minimum" 6)r Pg. 193: 3`d Paragraph: On the 8113A^6ye-rSion of ($ht_ ".,-44)rtheFe s-a-re t wordis ... hewn that is only -feet-, * o mRGes e, e +.._ R the-par-4ing area? Delete 2hi]s comment I ' FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Sprin,s CA ' 2.0 Description of Revisions To Planned Development District (PDD) ' 7) Pg. 193: 4th Paragraph: 3`d Line: Add the words "and service" after the word retail to be in agreement with the 51h Bullet Point further down on the page. ' 8) Pg, 200: MM 3.15-9: 3`d Line: 1s` Word: Change the word to "from" 9) Pg. 200: MM 3.15-9: 3fd & 41h Lines: On the 2/14/06 version of the Ground Floor Plan ' (Sht. A1.1), there is no residential exit onto South Palm Canyon Drive. This portion of the line should be deleted, unless there is a more updated plan that is different. ' 10) Pg. 200: MM 3.15-11: 4th Line: Replace the word "and" with the ward "at" before the word "Ramon" 11) Pg, 200: F. Resources: 2"d Resource: The Engineering Division does not have a copy of the The Palm Canyon Planned Development District Traffic Impact Study by Endo Engineering after the June, 2006 version. We desperately need an updated Traffic Study or responses to Dave Barakian's 3`d Review of the Traffic Study (email dated 7/18/06), 12) Pg. 211: 2nd Paragraph: 2nd Line: Put a comma after the word "size" and replace the word "is" with the word "are" 13) Pg. 242: 1st Paragraph: 3rd Line: 1�` Word: Should be "Five" ' 14) Pg. 254: Last Line: Replace the word "or' with the word "of" 1 1 I 1 1 I FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA ' 2.0 Description of Revisions To Planned Development District (PDD) B.T. Response to City Bneineerine Department Comments ' 1) Comment noted and hereby incorporated into the EIR by reference. 2) Comment noted and hereby incorporated into the EIR by reference. 3) In a subsequent meeting, Marvin Roos, former City of Palm Springs Director of Planning stated that this 6' rule became a standard in the interest of preventing potential conflicts between the driveways of adjacent properties. The City has control of the future coordination if the fully developed property to the north is ever demolished and re- ' constructed. 4) Per City of Palm Springs Municipal Code Chapter 8.04.220, construction activities on -site shall take place only during the following hours: Pacific Standard Time -Monday through Friday, between 7:00 a.m. and 7:00 p.m. Saturdays, between &00 a.m. and 5:00 p.m. No work will occur on Sundays or Government Holidays. Applicant may be required to obtain authorization to implement the Saturday condition. 5) Comment noted and hereby incorporated into the EIR by reference. 6) Deleted 7) Comment noted and hereby incorporated into the EIR by reference. 8) Comment noted and hereby incorporated into the EIR by reference. 9) This notation was mislabeled on the Ground Floor Plan and has been corrected. See Exhibit C. 10) Comment noted and hereby incorporated into the EIR by reference, 11) Updated Traffic Study was forwarded to the Engineering Division subsequent to this email correspondence. For additional discussion, see next subsection regarding comments For the Traffic Study and the Traffic Engineer's response letter. 12) Connnent noted and hereby incorporated into the EIR by reference. 13) Comment noted and hereby incorporated into the EIR by reference. 14) Comment noted and hereby incorporated into the EIR by reference. 1 I 1 10 HNAIL ENVIRONNIENTAL I114PACI' REPORT The Palm Canyon, Palm Springs CA ' 2.0 Description of Revisions To Planned Development District (PDD) C. City of Palm SDrinss F,ngineerine Comments on the Traffic Imoact Studv-.Tuly ' 18,200 From: Carol Templeton [CarolT@ci.palm-springs.ca.us) Sent: Tuesday, July 18, 2006 12:44 PM To: Gregory Endo (lndoengr@cox.net) Cc. Roos, Marv; Witherspoon, Michelle; Edward Robertson Subject: TTM33514 (South Palm Canyon, LLC) Greg, Following are Dave Barakian's comments on your Traffic Impact Study (dated June 14, 2006): 1) Pg. ES-4: #12, #13, & 014: Please provide recommendations for mitigation for the adverse effects described in #12, #13, and #k14. 2) Pg. ES-5: #11: Please provide exhibit that shows the proposed geometrics with turning path templates. ' 3) Pg. ES-5: 012: Speed bumps are also a mitigation option. 4) Pg. 1.2: Proposed Site Access: 3`d Paragraph: Please include recommendation in the ' Executive Summary (E.S) to minimize the potential for confusion. 5) Pg. 1.2: Proposed Site Acccss: 31d Paragraph: 3`d to last line: Add the word "and" in between the words "driveway" and "which" 6) Figure 2-1: Surrounding Street System (after pg. 2-1): For Ramon Road between S. Palm Canyon Drive and S. Indian Canyon Drive, the figure indicates that there are 4 divided through lanes. This is contradicting the 3 lanes indicated on Pg. 2-1 under Ramon Road in the 2"d line. 7) Pg. 3-9: Site Access Modifications: 4th Bullet Point: Propose a location for the signalized crosswalk and show on plan. It can be seen partially in Figure 1-3; it seems to say that it is existing, but Mr. Barakian does not think that it is existing. Who will be responsible for paying for it? 8) Pg. 3-10: Site Distance Considerations: 2°d Bullet: Are you suggesting that we should prohibit parking on S. Indian Canyon Drive and Ramon Road? 9) Pg. 3-10: Site Distance Considerations: 3rd, 4th, & 5th: These are good ideas and should be included in the Executive Summary (E.S.) 10) Pg. 3-13: 3`d Paragraph: This conclusion is confusing. Are you saying to merge the I commercial & residential traffic, or not? If you are saying not to merge, what is the mitigation for this conflict? ' 11) Pg. $-14: Driveway Geometries: 1st Paragraph: It would be helpful to exhibit this with an exhibit. Carol Templeton Engineering Associate (760) 323-8253 Ext. 8741 ' 11 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA ' 2.0 Description ol'Revisions To Planned Development District (PDD) C.I. Traffic Enzineer's Response to Comments on Traffic Impact Stadv �v ' Endo Enoineerine Traffic En2ineerine Air Oiraiity Stztdies Noire Assessments ' August 25, 2006 ' Ivlr. Dave Barakian Director of Public Works/City Engineer City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 2743 SUBJECT: The Palm Canyon Planned ,Development District (TTM 33514) Traf e Impact Study Response to Comments Dear Mr. l3araki= ' Endo Engineering has reviewed the comments on The Palm Canyon P.D.D. Traffic Impact Studv (dated June 14, 2006) that were transmitted by electronic mail from the City of Palm Springs Department of Public Works and Engineering on July 18, 2006- To facilitate your review, we have reiterated each comment below, followed by the corresponding response. Comment 1: Pg. ES-4: 012, #13, & #14: Please provide recormnendations for mitigation for the adverse effects described in 412, #13. and #14. Response 1: Recommendations regarding the nonstandard lane configuration proposed with the residential entry lane located on the left side of the proposed residential exit lane were included on page 3-12 (paragraph 4). This discussion has been repeated on page ES5 as #13 and on page 5 as #13. As noted therein, to reduce the potential for head-on collisions and confused motorists backing out of the residential exit lane onto Indian Canyon Drive, interrupting traffic flow, the developer should provide signage, lighting, pavement markings, and/or other visual cues at the residential entry to clearly communicate the driveway location and geometries to approaching drivers. ' The traffic study included recommendations regarding the dual exit lanes on Indian Canyon Drive in the last paragraph of page 3-10 as well as the third paragraph on page 3-13. As noted therein, serious consideration should be given to merging the residential exit lane with the commercial exit lane on -site, a ' minimum of 75 feet from the intersection with Indian Canyon Drive, to ensure adequate intersection sight distance for motorists leaving the site by providing only one exit lane at the northern site driveway on Indian Canyon Drive. Typically, commercial driveways with dual turn lanes that allow motorists entry onto a public street should only be used with traffic signal control. A single exit lane serving both the ' commercial and residential vehicles at the northern site driveway on Indian Canyon Drive would reduce the potential for vehicle/vehicle, vehicle/pedestrian, and vehicle/bicyclist conflicts. With all vehicles exiting the site from a single lane, rather than dual left -turn lanes, the potential for exiting vehicles to conflict with ' vehicles in the adjacent exit lane as they turn onto ]Indian Canyon Drive would be eliminated. This measure will be added to page ES-6 as #14 and to page 5-2 as #14 I 1 1 I 1 I 1 I I FINAL ENVTRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 2.0 Description of Revisions To Planned Development District (PDD) If the City determines that the proposed design (with dual exiting left-tum lanes) is not adequate, the applicant may be required, as a condition of approval, to modify the proposed site access to merge the two lanes into a single exit lane. Based on the low volumes projected, a single combined exit lane would provide sufficient capacity to serve the anticipated commercial and residential demand for egress at acceptable levels of service. This change in egress would, however, result in the commingling of residential and commercial traffic, a situation which is not desirable. Given the space limitations at the project site, that may be unavoidable. The design aspects of the proposed site access and internal circulation plan which appear to have the potential to limit sight distances are addressed on page 3-10. These measures will be added to page ES-6 as #15 and #16 and to page 5-2 as #15 and #16. Comment 2: Pg, ES-5: #11: Please provide exhibit that shows the proposed geometries with turning path templates Response 2; The applicant's architect or civil engineer shall, as a condition of approval, determine the largest size truck that will use the site driveways and parking areas then provide verification of the adequacy of the path of delivery vehicles with turning path templates. Detailed information regarding the size of the design vehicles that will frequent the future commercial and residential uses proposed on -site as well as detailed drawings of the site access and parking area design that arc not currently available to Endo Engineering are required to accomplish this. Typically, access to multi -family residential land uses must be able to accommodate SD30 trucks. Commercial land uses with more than 10,000 square feet of gross floor area but no loading dock must be able to accommodate WB40 trucks. Commercial land uses with loading docks must be able to accommodate WB50 trucks. A WB50 vehicle is also used for design purposes on major arterial streets Comment 3: Pg. ES-5: #12: Speed bumps are also a mitigation option. Response 3: Speed bumps may also be, used to discourage non -site traffic seeking a shortcut through the site via the commercial service/delivery access lane in an effort to avoid perceived delay at the two signalized key intersections on Ramon Road. This change will be made on page ES-5 #12 and also on page 5-2 #12. Comment 4; Pg, 1-2: Proposed Site Access: 3rd Paragraph: Please include recommendation in the Executive Summary (E.S.) to minimize the potential for confusion. Response 4: See Response 1. The following recommendation will be added page ES-5 013 and page 5-2 #13, To reduce Elie potential for head-on collisions and confused motorists backing out of the residential exit lane onto Indian Canyon Drive, distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues shall be incorporated in the design at the residential entry. These elements shall clearly communicate the driveway location and minimize the potential for confusion regarding: (1) entering via the left side of the residential driveway, and (2) which driveway on Indian Canyon Drive is to be used for entry to the subterranean residential parking area, as opposed to the ground floor level commercial area. Comment 5: Pg, 1-2: Proposed Site Access: 3rd Paragraph: 3rd to last line: Add the word "and" in between the words "driveway" and "which." 13 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA ' 2.0 Description of Revisions To Planned Development District (PDD) ' Response 5: The traffic study will be modified to eliminate confusion, as follows. Distinctive entry treatments including signage, lighting, pavement markings, and/or other visual cues may need to be incorporated in the design to minimize the potential for confusion regarding: (1) entering via the left side of the residential driveway, and (2) which driveway on Indian Canyon Drive is io be used for entry to the ' subterranean residential parking area, as opposed to the ground floor level commercial area. Comment 6: Figure 2-1: Surrounding Street System (after pg. 2-1): For Ramon Road between S. Palm Canyon Drive and S. Indian Canyon Drive, the figure indicates that there are 4 divided through lanes. This ' is contradicting the 3 lanes indicated on Pg. 2-1 under Ramon Road in the 2nd line, Response 6: Figure 2-1 should indicate a three lane divided roadway along this segment of Ramon Road ' This error will be corrected in the traffic study Comment 7: Pg. 3-9: Site Access Modifications: 4th Bullet Point: Propose a location for the signalized crosswalk and show on plan. It can be seen partially in Figure 1-3; it seems to say that it is existing, but Mr. Barakian does not think that it is existing. Who will be responsible fox paying for it? ' Response 7: Based upon the direction of City staff, a signalized mid -block crosswalk was incorporated in the Sire Development Plan (Figure 1-3). The applicant will negotiate with the City of Palm Springs regarding the funding for this crosswalk. ' Comment 8: Pg. 3-10: Sight Distance Considerations. 2nd Bullet: Are you suggesting that we, should prohibit parking on S. Indian Canyon Drive and Ramon Road' Response 8: In the first bullet under "Sight Distance Considerations" it is recommended that parking be eliminated south of the site access driveways on Indian Canyon Drive to improve the sight distance of exiting vehicles. The length of the "No Parking" zone represents a balance between providing extra parking versus providing unobstructed sight distance. Depending upon the parameters selected to evaluate the ' departure sight distance, rho red "no parking" zone should extend between 100 and 200 feet south of the site driveways. Based upon typical engineering parameters, the red zone should be 166 feet long for exiting motorists to see and be seen by the drivers of approaching vehicles on Indian Canyon Drive with an adequate stopping sight distance of 200 feet. Since the curb between the driveways is approximately 170 feet long, complying with this standard will effectively eliminate on -street parking on Indian Canyon Drive adjacent to the project site. On -street parking will also need to be prohibited on both sides of Ramon Road to provide sufficient travel lane width to allow the striping of two eastbound through lanes. No on -street parking is currently allowed adjacent to the project site on the north side of Ramon Road. The bulleted item the heading "Sight Disianee Considerations' distances for second tinder refers to sight circulating motorists to perceive pedestrians in the street level parking lot. Parking stalls located directly ' adjacent to the front of shopping center buildings me , facing or "heading in") are discouraged because vehicles are more likely to accidentally jump the curb and crash into the retail uses with this parking design. In addition, pedestrians passing between these vehicles to access the parking lot are not as visible to motorists cizcling the parking lot in search of a parking space, unless a clearly designated pedestrian ' walkway of adequate width is provided. Comment 9: P& 3-10: Site Distance Considerations: 3rd, 4th, & 5th: These are good ideas and should be ' included in the Executive Summary (E-S.) 14 ' FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 2 0 Dcticription of Revisions To Planned Development District (PDD) Response 9: So noted. The Executive Summary and Recommendations will be modified to include those three ideas. Comment 10: Pg. 3-13: 3rd Paragraph! This conclusion is confusing. Are you saying to merge the commercial and residential traffic, or not? If you are saying not to merge, what is the mitigation for this ' conflict? Response 10: The site is relatively small and the provision of adequate vehicular and pedestrian access to the street level commercial uses as well as the subterranean residential parking area was challenging. The site access design has been modified ninny times in an effort to minimize the potential for adverse impacts on traffic safety. An effort has been made to minimize the number of access points and separate conflict points. The access to Palm Canyon Drive has been limited to a single entry lane to conflicts involving 1 exiting vehicles and reduce the potential for vehicle/pedestrian conflicts at the mid -block pedestrian crossing. The residential parking access design ( with the entry lane on the left and the exit lane on the Tight) was proposed in an effort to reduce the potential for vehicle/vehicle conflicts by allowing residents entering the driveway to do so without crossing the path of exiting vehicles. No design is perfect. If a clearly superior site access plan had been identified, it would likely have been incorporated in the site design. The traffic study identifies several concerns with the proposed site access and internal circulation plan as well as possible mitigation that can address these concerns. The City, having reviewed the plan and the concerns raised, must make a determination regarding whether the plans are acceptable, acceptable with mitigating conditions, or unacceptable. ' Merging the exiting residential traffic with the exiting commercial and delivery traffic may reduce the potential for conflicts and improve the traflic safety characteristics at the site driveway on Indian Canyon Drive by providing a single eastbound approach lane rather than dual eastbound left -rum lanes. However, the negative aspects of mixing residential traffic with the commercial and delivery traffic must also be considered. This is typically considered undesirable for many reasons, not the least of which is that it increases the potential for conflicts and can adversely affect traffic safety Consequently, the decision is not so clear cut and trade-offs may be necessary to achieve an optimal solution. Comment 11: Pg, 3-14: Driveway Geometries: 1st Paragraph: It would be helpful to illustrate this with an ' exhibit. Response 11: A graphic (Figure 3-11) has been prepared to illustrate the desirable parameters of a STOP - controlled commercial driveway with a single exit lane. We trust that this supplemental information adequately responds to the comments made by the City of Palm Springs. If additional questions or comments arise, please do not hesitate to contact our offices by telephone at (949) 362-0020, by facsimile at (949) 362-0015, or via electronic mail at endoengr@cox.net. Sincerely, ENDo ENGINEERING Vicki Lee Endo, P.E., T.E. Registered Professional ' TrafFic Engineer TR 1161 1 15 I I I I I I I I I I I 1 I I I I I I FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Sprinbs CA 2.0 Description of Revisions To Planned Development District (PDD) Figure 3-11 Desirable Design Parameters For A STOP -Controlled Commercial Driveway (Single -Lane Exit) v Q Owmay Throat Length (50•Foot Minimum) A 7SruotWremlengih Ispmfere0le wli rn nn occadonel large vorna) Isingl rnlghtononrmamr name) ml9n[enG3r ma rIW Restrict Perking To Presnrvn algnt.lstrncc MI 1 Pnih o— A nnparl, Ve' ilsleiu =gweTOP=10 FcctMnlmum •y �rNaweymrmt — Iv r•rt n a Emonng Value � Wal[s For unpWkng Vnhlde To Clew orWewey inmat �� ms r� J� Uj W W� aS u' c rti v,LL �-. Sldewalk'� Z Whco Vdmoebleceeba100VPFI Abutting One -Way Arterial *'do Etegineering Seulcc. rrE,'Tranportaton and Land oeaelopmenl" (2nd Edlilm), 2002, Figure%23 I 16 C"vF�TII•L =rA1f�= r7.EYATCR � it5'G3f�N. FcIG�Jm,t iC'31G�fML SI�IRS CxYcs Cd'tlO L 996:9 Ec'(C:.J CETRv � I L1Pi ISM•-p - I -h1 -,F—F T] 1 111Tn V14- =1,+h4 u u u GAI:iCiV TP. Fi L=FICiR I� 5 Li u u FiG LTY'IiI.L�c?5 _ E Ii LJ-U :51 _ri I'..r cps I Si u-C_1l IT_ �4 r.�ranleL=alcanv� F=_•ez:n:v ECYGIY u Adz L HT.S THE PALM CANYON E ATG YJ Si 1 J J 1 J ----i I - 1 UR it jF11 I11 r T H rl Tl u Li 41.-R =cICC<iiML I ` EXHIBrr A 4 L V. A I I L . - �. u FL JO'-i CIF ybA Li u fvfYAIL ci+� T�I C .1141 PA JC.b pis SOURCE O DOC FLL a ESCN.AHIE M!]Hnf PAGE 17 AERIAL LADDER OPERATIONS ACCESSIBILITY 'Lo�S H.F.S THE PALM CANYON I N O I A N G A N Y CI N D R I V E I I I =T. I. a L I L11_11"J LI I1_11�_I �I 1=3_I !_ill'_II_!J1[1•I!I III_I ll 1_111 __11 � L— —� I B A L M G A N Y CI N O R I V E ❑ ❑❑R.Ic — +L+ .T_ nRrIi I -I ECT� S'EPTEIlHEP 21111E EXI—IIBrr B Ci l -UNDI-RUPOUND LEVEL PLAN C/J =LA LE MT.& SOURCE OWNNELL + mcmvn AREMIEOFS PAGE 18 REVISED SUBTERRANEAN PLAN 1 1— F A 1A z�z Mi5 THE PALM CANYON I N❑ I A N CANYON DRIVE n' ki - �•' � � S I '.��_-S'-I .. � I � I ' J f_'_ �._ �r...,_� ail �.�r��Y,,.—i •. - I r ! ! Ja -1 4 iif- � ''S' '-- - -`---` - - - f •` _ ;1 � --'- -- Imo;l J�d is`-:� -�tii __ ,�.,. 1 ....,. :.z I k,.. �'� :ail•- �' .-_Y- - �- ^I Tl P A L M G A N Y O N o R I V E !,o 1I. I I ! C A N r ci r� L' [] ❑ :: I l L L L E S C-0 L I tl T 4 C 11 - Ti. i 5 S E!' ] E M0 [ R EXHIBIT C L - L-CaIJrJD LEVEL \Il SUALF JILTAI• SOURCE ❑ MNN_LL + ESCAUHfE ARCUEOM PACE 19 REVISED GROUND FLOOR PLAN I 1 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 3.0 Response to Written Comments 3.0 RESPONSE TO WRITTEN COMMENTS 1 3.1 SUMMARY 1 This summary provides an overview oCthe comments received frorn a State and Regional Agency for the proposed project, The Palm Canyon. Comments from the Department of 1 Toxic Substances Control (DOTSC) and SunLine Transit agency were received within the public comment period of the Draft EIR. Ilowever, the comments were directed toward the Notice of Preparation. 1 DOTSC comments were comprised of requested analysis of items related to hazardous materials that were thoroughly discussed within the Draft MR. Responses are 1 subsequently listed in the applicable section. SunLine comments were a revision to a Previous conunent letter submitted for the NOP. The previous letter referenced an incorrect project location. SunLine comments were comprised of suggestions to be 1 incorporated into the project design related to public transportation. Responses are subsequently listed in the applicable section. 1 11 1 1 1 1 1 1 1 1 1 20 I 1 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm 5pnngs CA 3 0 Response to Written Comments 3.2 STATE AND REGIONAL AGENCIES A. Department of Toxic Substances Control — Sentember 25, 2006 Department of Toxic Substances Control Maureen F. Gorsen, Director mLinda S. Ada: 5795 Corporate Avenue ' , Secretary for Proincifon Cypress, California 90630 EnvironmenE�l ' September 25, 2006 Mr. Edward Robertson City of Palm Springs, Planning Department 3200 East Tahquitz Canyon Way Palm Springs, California 92262 1 1 I 1] 1 I 1 Arnold Covornor Schgger rnor NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PALM CANYON PROJECT (SCH#2006061073) Dear Mr. Robertson: The Department of Toxic Substances Control (DTSC) has received your submitted (EIR) document for the above -mentioned project. As stated in your document: "The project size is approximately 2.67 acres. Planning Development District to be processed in a Redevelopment Area. Project is mixed use and contains 125 residential units and 40,035 square feet of commercial. General Plan amendment is proposed to process special street sections for Ramon Road and Indian Canyon Drive to maitain oxislting street improvements. The The project would replace approximately 47,000 square feet of existing commercial buildings as well as the related parking areas Based on the review of the submitted document DTSC has comments as fellows: 1. The dmrl EIR needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2. The draft EIR needs to identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the draft EIR should evaluate whether conditions at the site pose a threat to human health or the environment. Fallowing are the databases of some of the regulatory agencies: National Priorities List (NPL): A list is maintained by the United States Environmental Protection Agency (U.S.EPA). CalSites: A Database primarily used by the California Department of Toxic Substances Control. di) Printed on Recycled Paper 0 2 2N5 I 21 11 I ' Mr Edward Robertson September 25, 2006 Page 2 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 3.0 Response to Written Comments • Resource Conservation and Rocovory Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS)• A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards (RWQCBs). - Local County and City maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. 3. The draft EIR should Identify the mechanism to initiate any required investigation andlor remediation for any site that may be contaminated, and the government ' agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the ' potential threat to public health and/or the environment should be evaluated. It may be necessary to determine If an expedited response action is required to reduce existing or potential threats to public health or the environment If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. 4. The subject property was previously used for agriculture, onsite soils could contain pesticide residues. Proper investigation and remedial action may be necessary to ensure the site does not pose a risk to the future residents. 5. All environmental Investigations, sampling and/or remediation should be conducted under a Workplan approved and overseen by a regulatory agency that ' has jurisdiction to oversee hazardous waste cleanup The findings and sampling results from the subsequent report should be clearly summarized in the EIR. 6. Proper investigation, sampling and remedial actions, if necessary, should be ■ conducted at the site prior to the new development or any construction, and overseen by a regulatory agency 1 I 22 I I 11 Mr. Edward Robertson September 25. 2006 Page 3 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Splings CA 3.0 Response to Written Comments 7. If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the proposed development may fall within the "Border Zone of a Contaminated Property". Appropriate precautions should be taken prior to "Border construction if the proposed project is within a Zone Property". 8. Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by ' the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 9. If it is determined that hazardous wastes are, or will be, generated by the ' proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If so, the facility should ' obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6042. 1] I 1 1 11 1 1 1.1 10, If hazardous wastes are (a) stored In tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed of onsite, then a permit from DTSC may be required. If so, the facility should contact DTSC al (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. 11. Certain hazardous waste treatment processes may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 12. If the project plans include discharging wastewater to a storm drain, you may be required to obtain a wastewater discharge permit from the overseeing Regional Water Quality Control Board. 13. If during constriction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the OR should Identify how any required investigation and/or remediatl0n will be conducted, and the appropriate government agency to provide regulatory oversight. 1 23 FINAL ENVIRONMENTAL IMPACT REPORT Thu Palm Canyon, Palm Springs CA ' 3.0 Response to Written Comments Mr. Edward Robertson September 25, 2006 Page 4 14. During project construction and implementation, all chemicals (including herbicides and pesticides, runoff, hazardous materials and waste) should be handled, stored, transported, and disposed of properly and in accordance with applicable local, state and federal regulations. 15 If structures on the Project Site contain potentially hazardous materials such as, asbestos -containing materials, lead -based paint, and mercury- or PCB - ' containing materials, such materials should be removed properly prior to demolition, and disposed of at appropriate landfills or recycled, in accordance with the regulatory guidance provided in C81iforn2 Code of Regulation (CCR) ' and fallowing the requirements of the Universal Waste Rule (40 CFR Part 9). If you have any questions regarding this letter, please contact me at (714) 484-5461 or Mr. At Sherri, Project Manager, at (714) 484-5472 or at "ashami@dtsc.ca.gov". Sincerely, Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse ' P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskal, Chief Planning and Environmental Analysis Section CEOA Tracking Center Department of Toxic Substances Control P.O. Box 806 1 Sacramento, California 95812-0806 CEQA#-J- F i53d 1 1 1 24 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA ' 3.0 Response to written Comments A. 1. Response to Department of Toxic Substance Control Comments The comment letter prepared by the California Department of Toxic Substance Control addressed the Notice of Preparation for the Palm Canyon Draft EIR, and not the Draft EIR itself which was later circulated for the 45 day review period. The letter is dated September 25, 2006 which falls within the commenting period for the circulated Draft EIR, but appears to address the NOP and as a result was submitted later than would have been anticipated. As a result, no changes to the document had to be made regarding these comments, since each of them were already addressed within the Hazards and Hazardous Materials section of the document (Section 3.7). The Air Quality section (Section 3.3), and the hydrology and Water Quality section (Section 3.8) also address issues raised by this letter. ' Responses: 1. A Phase 1 Environmental Site Assessment (ESA) was prepared for the project site in ' September of 1998 by lVission Geoscience, Inc which addressed the historic uses of the current buildings on -site. This document included a detailed Site Assessment Report ' which was provided by Vista Information Solutions, Inc. which provides results of regulatory agency database research related to the property and surrounding properties. Because the ou-site conditions had not been altered significantly since 1998, all updated ' Phase 1 ESA was not prepared. However, an updated Environmental Database search was provided by Envirommental Data Resources, Inc. in May 2006, to analyze any updated conditions/events on the site and in the vicinity specifically for the Draft EIR. Refer to Section 3.7 of the Draft EIR and, Appendix E, and Appendix F of the Technical Appendices for detailed discussions regarding releases of hazardous wastes/substances in the area of the project site. ' 2. An updated Environmental Database research report was provided by Environmental Data Resources, Inc. in May 2006, to analyze any updated conditions/events on the site and in the vicinity specifically for the Draft EIR. Each of the regulatory agencies requested in the comment letter are included in the updated report. Refer to Appendix F of the Technical Appendices for this report. ' 3. The Phase I ESA conducted for the project site in 1998 was initiated by the transaction of commercial real estate, for which these investigations are required. Appendix E and ' Appendix F contain the original Phase 1 ESA and subsequent EDR database search obtained in 2006 for the subject property and vicinity. The Phase I ESA and Draft. EIR also address compliance with all applicable State laws, regulations, and policies as they relate to encountering, handling, and disposing of hazardous materials during all phases of the proposed project. ' 4. The project site was not previously used for agriculture, therefore no pesticide risks currently exist in the soils of the property, and no remedial action needs to occur. 1 25 I J [1 11 1 I 11 [1 1 1.1 1 FINAL ENVIRONMENTAL IMPACT REPORT Tire Patin Canyon, Palm Springs CA 3.0 Responsr to Written Comments 5. The Phase I ESA prepared for the project site in 1998, and the subsequent updated Environmental Database report prepared in May 2006, both revealed no evidence requiring subsequent site investigations including sampling or hazardous waste cleanup on or around the project site. The two samples of roofing mastic containing asbestos taken from the building located at 440 South Palm Canyon Drive and the building located at 490 South Palm Canyon Drive were in good condition with a low potential for disturbance. Refer to Section 3.7 for a more detailed description of the environmental investigations performed and handling of asbestos. 6. Refer to response 5 above. 7. The 2006 Environmental Data Resources, lnc database report did not identify any environmental conditions/events subsequent to those presented in the 1998 report related to hazardous materials on adjacent properties that would impact the subject property's environmental integrity. The project site does not currently qualify as falling within the "Border Zone of a Contaminated Property". 8. A demolition permit, requiring asbestos removal (and any other potential hazardous materials contained within the existing developed portion of the site,) will be obtained Front the City of Palm Springs prior to any building materials being removed from the property. 9. Sections 3.3 and 3.7 of the Draft EIR outline potential impacts related to hazardous waste/materials during the construction/demolition phase of the project. These impacts are considered short term and less than significant. Additionally, the proper agencies that will be regulating these activities are also identified in the impacts discussion, as well as standard conditions and mitigation measures. ' 10. Section 3.7 of the Draft Ea (pg. 119) outlines potential impacts related to hazardous waste/materials during the life of the project. The project is not expected to generate any hazardous waste beyond that commonly found within household, retail, commercial and ' restaurant uses. Potential impacts related to hazardous wastes that may be associated with the use of the the subterranean parking level is also discussed in this Section of the Draft EIR. Petroleum related subterranean parking lot runoff will be required to be pro - treated prior to discharge into the City's stone drain system per National Pollutant Discharge Elimination System (NPDES) and Colorado River Basin Regional Water Quality Control Board (RWQCB) regulations. ' 11. Refer to response 10 above. 1 1 26 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 10 Response to Written Corrunents 12. Section 3.8 of the Draft EIR addresses the issue of discharging wastewater to the City's storm drain system along with the requirements for the NPDES permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). 13, Current NPDES and Storm Water Pollution Prevention Plan (SWPPP) regulations identify bow any required investigation and/or remediation will be conducted if soil and/or groundwater contamination occur during construction/demolition activities on the project site. The Draft EIR includes full compliance with these regulations as standard conditions as well as mitigation measures in Sections 3.7 (Hazards and Hazardous Materials) and 3.8 (Hydrology and Water Quality). 14. Refer to responses 10-12 above. 15. Section 3.7 of the Draft EIR addresses the procedures required for disposal of hazardous materials encountered during the demolition process. A demolition permit, requiring asbestos removal (and any other potential hazardous materials contained within the existing developed portion of the site,) will be obtained prior to any building materials being removed from the property. i 1 1 1 1 [1 1 27 I I I I I 1 1 1 I FINAL ENVIRONMENTAL TMPACT REPORT The Patin Canyon, Palm Sprngs CA 3.O Response to Written Concu runts B. SunLine Transit Aeenev — August 10, 2006 A1JG-t0-2006 THU 10:49 AM Elf),INF TRANSIT i911 ff IRANNfr ncr)vry AAucdcA,., August 10, 2006 FAX NO. 760 343 3845 F. 7S ME14EiRS Area Ho I Spd,n f vah, Sjnng[ C41WIsl COY ft,ha Mlrale I'll Pnnf s.MI .11, In udlo C..Mlft ftl'.VA Coon[V Ms, Carol G. Templeton Engineering Division, department of Planning & Building City of Palm springs P O. BoX 2743 Palm Springs, CA 92263-2743 Dear Ms. Templeton: REVISED The SunLine Transit Agency appreciates the opportunity to review and comment on the proposed mixed -use development located on South Palm Canyon Drive. north of Ramon Road and south of South Indian Canyon Drive. SunLine staff has completed review of the teritativelfinal sullxfrvision map and offers the following suggestions; including- 1. Ensuring that pedestrian circulation is provided throughout the proposed development to faciftle direct and continuous access to and from proposed buildings In the projectarea. Z. Ensuring that sidewalks are inoorpomted and constructed throughout the project area to assure that pedestrians, future and potential users of the proposed development can easily access services provided within the project area. 8. Ensuring that pedestrian circulations provide connections Io transit service offered along Ramon Road, Palm Canyon Drive and Indian Canyon Drive to afford future residents the opportunity to use transit service provided In the aree. SunLine currently operates direct fired route service on Lines 14, 30 and 111, with the closes[ bus stop I= than ort tenth of a mile from the proposed development on Ramon Read between Palm Canyon Drive and Indian Canyon Drive. Line 111 is an ea5t-wea9 route., prodding service along Highway 111, while Lines 14and 30 offer service along Gene Autry and Date Palm Drive. All three routes provide weekday, weekend and late evening service. Additionally, we provide Dial -A -Ride service throughout the valley for residents of Coachella Valley, which may be utilized for medical appointments and other activities. These suggestions are offered for consideration to help encourage potential future residents of the proposed development use transit services provided in the area. Furthermore, the provision of these transit elements will foster an environment where alternate transportation modes are encouraged- Ploase feel free to conlact me at 76& 43-n3466, ext. 119, if you would like additional informaGan or discuss this further. Sincerely, ELOVY Eunice Lovi Director of Planning cc: Mike] Oglesby, Geheral Manager 5� 593 Heny OU.ef $cif, Thousand pPhm, CPhlvrnia 92276 poid" 760-31344sd Fae 760-343-3945 wwwiunrrne ors 1 28 1 FINAL ENVTRONM ENTAL IMPACT REPORT The Palm Canyon, Palm Spnngs CA 1 3 0 Response to Written Comnimts B.I. Resnanse to SunLine TransitAnencv Comments 1 1. The mixed use project's incorporation of residential and commercial uses intended to encourage pedestrian circulation. The project has incorporated design elements that 1 facilitate direct and continuous access to and from all areas of the site. 2. Sidewalks and pedestrian plazas are a focal point within, and surrounding the project. 1 Internal circulation, external circulation and the connections of Indian Canyon Drive and Palm Canyon Dtave are provided for pedestrian use. 1 3. The existing pedestrian crosswalks will be preserved at the intersections of Ramon Road (with Indian Canyon Drive and with South Palm Canyon Drive.) Additionally, a mid -block pedestrian, cross walk is provided on South Palm Canyon Drive. 1 1 i 1 1 1 1 1 1 1 1 1 29 i 1 1 1 1 1 1 1 1 1 1 3.3 LOCAL PUBLIC AGENCIES No comments received. 3.4 OTHER ORGANIZATIONS No comments received. 3.5 PRIVATE PARTIES No cormments received. 30 FINAL ENVIRONMENTAL IMPACT REPORT The Palm Canyon, Palm Springs CA 3.0 Response to Wrillcn Comments SOUTH PALM CANYON ❑ D❑ N N E L L ESCALANTE ARCHITECTS 121 S. 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