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HomeMy WebLinkAbout10/17/2001 - STAFF REPORTS (18) DATE: October 17, 2001 TO: City Council FROM: Director of Planning & Building TENTATIVE TRACT MAP 27680-APPLICATION BY THE PALM MOUNTAIN COMPANY TO SUBDIVIDE 7.2 ACRES INTO NINE SINGLE FAMILY RESIDENTIAL LOTS - SOUTHWEST CORNER OF VISTA CHINO/VIA MONTE VISTA,ZONE R-1-A, SECTION 10. RECOMMENDATION: That the City Council approve Tentative Tract Map 27680 to subdivide 7.2 acres into nine single family residential lots, subject to conditions contained in the attached resolution BACKGROUND: A nearly identical expired map was previously approved by the Planning Commission and City Council in 1994. The application proposes the subdivision of 7.2 acres into 9 parcels, ranging in size from 24,713 square feet to 36,873 square feet. All proposed parcels meet the R-1-A zone requirements. Adjacent lots are also zoned R-1-A and range from 16,430 square feet to 25,420 square feet. The property owner at the southwest corner of Coronado Avenue and Rose Avenue is currently in the process of purchasing the remainder lot which will be added to the existing lot through a lot line addition.The subject property is located in a hillside area and will be subject to the City's architectural review process. At its meeting of September 26, 2001, the Planning Commission voted to recommend that the City Council approve the proposed map. The Planning Commission staff report is attached for your review. The lot merger of the remainder parcel discussed in the Planning Commission staff report has occurred. The applicant has requested permission to grade four lots for speculative purposes. The Environmental Assessment approved in 1994 limits the amount of grading which can occur as a result of this map to a maximum of 20,000 cubic yards. Staff supports this request, provided that the amount of earth moved does not exceed 20,000 cubic yards. The precise or rough grading of lots is not part of this approval. The Planning Commission supported the applicants request to eliminate sidewalks as part of the project improvements. Staff had recommended the installation of sidewalks in the conditions of approval. !004 The Planning Commission also discussed the relocation of existing and future utilities on- site to a location underground; at the conclusion of that discussion, the applicant was comfortable with the applicable conditions of approval. DOUGLAS R. VANS Director of Planning and Building City Manager T ATTACHMENTS: 1. Planning Commission staff report of September 26, 2001 a. Vicinity Map b. TM 27680 Map c. Environmental Assessment 2. Planning Commission minutes of September 26, 2001 3. Resolution 4. Conditions of Approval DATE: September 26, 2001 TO: Planning Commission FROM: Director of Planning & Building TENTATIVE TRACT MAP 27680-APPLICATION BY THE PALM MOUNTAIN COMPANY TO SUBDIVIDE 7.2 ACRES INTO NINE SINGLE FAMILY RESIDENTIAL LOTS AND ONE REMAINDER LOT - SOUTHWEST CORNER OF VISTA CHINO / VIA MONTE VISTA, ZONE R-1-A, SECTION 10. RECOMMENDATION: That the Planning Commission recommend that the City Council approve Tentative Tract Map 27680 to subdivide 7.2 acres into nine single family residential lots and one remainder lot subject to conditions in the attached resolution. BACKGROUND: A nearly identical expired map was previously approved by the Planning Commission and City Council in 1994. The subject property is designated by the General Plan as L2 (Low Residential 2 Units/Acre) and is zoned R-1-A (Single Family Residential) with a minimum lot size of 20,000 square feet. The application includes 9 parcels and one remainder parcel, ranging in size from 24,713 square feet to 36,873 square feet. All proposed parcels meet the R-1-A zone requirements. Adjacent lots are also zoned R-1-A and range from 16,430 square feet to 25,420 square feet. A remainder lot is proposed to remain as open space. The property owner at the southwest corner of Coranado Avenue and Rose Avenue is currently in the process of purchasing the remainder lot which will be added to the existing lot through a lot line addition. The subject property is located in a hillside area and will be subject to the City's architectural review process. The initial proposal for this property requested approval of 17 lots. After staff review and meetings with neighborhood residents the map was revised to show nine single family lots. The revisions were intended to minimize impacts to adjacent properties. Existing homes to the north currently enjoy uninterrupted views and open spaces provided by the subject property. Architectural approval will require careful review of all proposed residences; however, preservation of scenic views cannot be assured when the site is developed. Pad elevations of existing development to the north of the site range from 642.0 to 674.0. The pad elevation of the existing residence to the west of the site is 682.0. Pad elevations of existing development to the south range from 626.0 with a sunken tennis court at 623.5 at the southeast corner of the project site to 636. Proposed pad elevations range from 623.0 to 664.0. Elevation differences between proposed lots and adjacent residences Proposed Elevation Adjacent pad Difference Lot 1 630 642 +12 Lot 2 640 650 +10 Lot 3 652 662 +10 Lot 4 660 680 +20 Lot 5 664 682 +18 Lot 6 646 636 -10 Lot 7 638 636 -2 Lot 8 631 626 -5 Lot 9 623 unimproved n.a. Section 9313.00 and Section 9406.01, Minor Modifications, of the Ordinance, allow for building height up to 30 feet in hillside areas. This is typically only done in response to topographic issues. Staff recommends that the Commission allow the City's architectural approval process to guide future development within the project site. However, based on existing topography, staff does not feel 2 story from grade houses would be appropriate. Based upon the City's architectural approval process, and the established procedure of sending courtesy notices to abutting property owners when any single family residential development being proposed in hillside areas, future conflicts can be reduced to a level acceptable within the community. There is currently an existing utility line along the southern boundary of the subject site. The City Subdivision Ordinance requires the underground relocation of existing utility lines less than 32 KV upon site development. Due to overhead service to adjacent properties and difficulties in connecting to underground electrical service, staff recommends that the applicant enter into a covenant to underground the existing and all proposed utility lines prior to the issuance of a grading permit (Condition No. 29). The staff also recommends that the applicant submit codes, covenants, and restrictions ("CC&R's")to the Director of Planning and Building for approval prior to final map approval. The CC&R's will include project design guidelines, landscape requirements, slope restoration, building height standards, walls, building materials and multi-level homes conforming to existing topography (Condition No. 18). SURROUNDING ZONING/LAND USE: North R-1-A/Single Family Residences South R-1-A/Single Family Residences and Vacant East R-1-A/Single Family Residences and Vacant West R-1-A/Single Family Residences and Vacant ENVIRONMENTAL ASSESSMENT AND NOTIFICATION: The Environmental Assessment adopted by the City Council in 1994 for the original application identified a number of areas of potential impact including grading, drainage, light and glare, schools, scenic views and archaeological impacts. The environmental assessment indicated that the impacts were not significant. Since the project has been revised by reducing the number of lots, the potential impacts are less significant with the revised map. There is an existing natural drainage course which traverses the western perimeter of the project site and continues to Stevens Road. This drainage course is no longer active other than sheet flow because of surrounding development in the area. This drainage course will not be impacted by development since it is located within the remainder lot which is proposed to remain as open space. Drainage proposed under this plan does not vary from the earlier map approval in 1993. Pursuant to the Public Resources Code, the California Environmental Quality Act (CEQA), the project is exempt from further environmental analysis. ATTACHMENTS: 1. Vicinity Map 2. TM 27680 Map 3. Environmental Assessment 4. Resolution (see City Council report) 5. Conditions of Approval (see City Council report) 174r ENVIRONMENTAL ASSESSMENT AND NOTIFICATION: The Environmental Assessment adopted by the City Council in 1994 for the original application identified a number of areas of potential impact including grading, drainage, light and glare, schools, scenic views and archaeological impacts. The environmental assessment indicated that the impacts were not significant. Since the project has been revised by reducing the number of lots, the potential impacts are less significant with the revised map. There is an existing natural drainage course which traverses the western perimeter of the project site and continues to Stevens Road. This drainage course is no longer active other than sheet flow because of surrounding development in the area. This drainage course will not be impacted by development since it is located within the remainder lot which is proposed to remain as open space. Drainage proposed under this plan does not vary from the earlier map approval in 1993. Pursuant to the Public Resources Code, the California Environmental Quality Act(CEQA), the project is exempt from further environmental analysis. ATTACHMENTS: 1. Vicinity Map 2. TM 27680 Map 3. Environmental Assessment 4. Resolution (see City Council report) 5. Conditions of Approval (see City Council report) /260 VIGINTY MAP � K T.S. TRACT LOCATION c �q�� VISTA. CMNO DRIVE A�N( ROAD J� w T S � JUL Q 2 3 O � s CITY OF PALM SPRINGS CASE NO. =296BOZ-.;-�- SubdivideTION Tentative Tract MaI(� p 7.2 acres into 0 single familyAPPL ICANTial lots and one remainder parcel. Palm Mountain -1-A, Section:14. �47 DE " E APR 1 0 2001 D umE nrvscAxr Noe lre vsas umc 27680 PLA / u rz O M 1 1 OF TIN BB&4. APR/L 2N, ASSESSORS PgP,CEL NlM9Eft OLNl6R INFORNaTfO/J _ __�__ eoswo-w/ onrR ,.riiol„rn cawur SCH _ bz ud o�piEvlroto OI T®lCT lAc'OAMATIOIJ IAA. CORANADD AVENUE __ T. E 1 rva<�6 All 1.2 S27—A­_ AREA 1PSl0k ATION 1/TILIPES ry9Tor nmA RS 32/92 —ApFmx wAfea Rssros nem.ve-<an tt 8_ — asma _ ssx'd _ a 5a iv fi yRss - zEcrac --A vs v rc elegytt=dri5i'� as.>< `J r �u ccrv.r>r - AI F.AOEs g nsn E ; scats 'r cw� o _ 54 26 __ B •_ 0 IF 'AA E u 9 3 14 rr uio q GEAERAL AKJTc'S P4 17 G �_ ; CCWIIXPnTCF1'H=1Fwi 2 ALL A­2 AAFLAT� iFSN acE UP.eJMMc wtv s\ b ru., II�JII IL �m.Esvt• nx I+W,T APMIAvnrsenw,w DATA TABLEh_-L- N,D a\ / _ , LA USE INFORA29TIOA1 su w L I J'fA. P0.Erl 1 IF e,ro \ _ rre.eu_.�enovoep a..mos°� E.xv.r lr<saxts j �I cb vu'ss IRPCi 17 \ >c avo LOCATION 5 APE NJTES asFn nurar dst�=xo danr revogN,-c'xL n ALL.1]9 j 5 ses.x'ae�useey on�sm nx er c - ­ ,^ E `'Pa`""'`� AD C.Fn To ee cerau'm vc/n'N;ts r,naP rA. s _,A avr�neeu r..�NraTA M� SANBORN A/E, Inc. '" '^` IJ orth 1ENIATI�IdAP- TRACT MAP NO D680 SANBORN mr voi Lra°"lo�" co v �� CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY Application No(s) . Tentative Tract Map No 27680 Date of Completed Application: December 20, 1993 Name of Applicant: The Palm Mountain Co. , 11839 Sorrento Valley San Diego, CA 92121 Project Description: The applicant proposes. to subdivide 10 acres into 17 single family residential lots. Location of Project: The subiect property is located in the northwestern portion of the City at the southwestern corner of Vista Chino Road and Via Monte Vista. General Plan Land Use Designation(s) :_ L2 (Low Residential 2 Units/Acre) . Proposed General Plan Land Use Designation(s) : Not Applicable Present Land Use(s) : Vacant Existing Zoning(s) : R-1-A Proposed Zoning(s) : R-1-A I��4 � I. Is the proposed action a "project" as defined by CEQA? (See Section 2 . 6. of State CEQA Guidelines. If more than one project is present in the same area, cumulative impact should be considered. ) _X Yes No II. If "yes" above, does the project fall into any of the Emergency Projects listed in Section 15269 of the State CEQA Guidelines? Yes X No III. If "no" on II. , does the project fall under any of the Ministerial Acts listed in Section 15268 (b) of the State CEQA Guidelines? Yes X No IV. If "no" on III. , does the project fall under any of the Statutory Exemptions listed in Article 18, of the State CEQA Guidelines? Yes X No V. If "no" on IV. , does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply. ) Yes X No If yes, state the exemption and provide explanation. (Use separate sheet to explain. ) If yes to II, III, IV or V, prepare notice of exemption and file with Riverside County ($25.00 fee) . VI. Project Description The applicant proposes Tentative Tract Map 27680 to subdivide 10 acres into 17 single family residential lots at the southwestern corner of Vista Chino and Via Monte Vista. The subject property is designated as L2 (Low Residential 2 Units/Acre) and is zoned R-1-A (Single Family Residential Zone) with a minimum lot size of 20, 000 square feet. The surrounding zoning is R-1-A and R-1-S to the immediate northeast. The project proposes to construct a 37' R/W private cul- de-sac off of Via Monte Vista parallel to Stevens Road. The proposed lots range in size from 20, 159 square feet to 26, 865 square feet. Several lots do not meet the minimum R-1-A width requirement of 130 feet. Thus, the applicant has submitted an administrative minor modification for the substandard lots which will be processed after project approval. / ' .AID VII. Site Description The site is currently vacant and generally slopes between 2% and 10% from the northwest to the southeast. Portions of the site exceed slopes of 20%. The subject site is enclosed with a chain link fence surrounded with sporadic single family residential development. Drainage is generally from the northwest to the southeast. There is an existing natural drainage course which traverses the western perimeter of the project site. However, this drainage course is no longer active other than sheet flow because of development within the area. The site is partially disturbed from surrounding development and trails traversing the site. These trails are only local paths and do not connect to the City's trail system. Creosote bush, brittlebush, cholla and assorted grasses are common in the project area. VIII. Surrounding Land Uses: Surrounding General Plan: North: Residential North: L2 (Low Res. ) East: Residential, Vacant East: L2 South: Residential, Vacant South: L2 West: Residential, Vacant West: L2 IX. Is the proposed project consistent with: (If yes or not applicable, no explanation required. ) Yes No N/A City of Palm Springs General Plan X Applicable Specific Plan X City of Palm Springs Zoning Ordinance X South Coast Air Quality Management Plan X Airport Part 150 Noise Study X X. Are any of the following studies required: 1. —Yes—Soils Report 8. —No—Biological Study 2 . _No_Slope Study 9. —No—Noise Study 3 . _No_Geotechnical Report 10. _No_Hazardous Materials Study 4 . —No—Traffic Study 11. _No Housing Analysis )2 00 5 . —No—Air Quality Study 12 . —Yes—Archaeological Report 6. _No_Hydrology 13 . —No—Groundwater Analysis 7 . —No—Sewer Study 14 . —No—Water Quality Report 15. —No—Other XI. Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Update !�A/y INITIAL STUDY QUESTIONNAIRE AND RESPONSES A. EARTH RESPONSE A. l. Does the parcel contain slopes of 10% or greater? Yes A. la.Is any development proposed on slopes in excess of 30V No Yes. A site inspection and review of topographic maps by the Department of Planning & Zoning verified that portions of the site do contain slopes exceeding 10%. There are also limited areas of the site along the northern boundary which exceed 20%. Thus, areas that exceed 10% are subject to Section 9313 . 00 of the Zoning Ordinance regarding hillside development. According to the ordinance, site plan approval by the Planning Commission is required for all development in hillside areas. In addition, the project has been conditioned to submit a soils report in conjunction with the grading plan to the Building Department and the Engineering Division prior to the issuance of a grading permit. Therefore, there should be no potential for a significant effect on the environment due to intrusion into slopes. A.2 . Is any portion of the project site in an area of medium or high rockfall risk and are there any known rockfall areas on the subject property? No No. The Seismic Safety and Public Safety Element of the City of Palm Springs General Plan indicates that no portion of the project site is in an area of medium or high rockfall risk and that no known rockfalls are present on the site. A site inspection by the Department of Planning & Zoning confirmed these conclusions. Therefore, there is no potential for a significant effect on the environment due to rockfalls. A.3 . Is any significant modification of a major landform proposed? No No. A site inspection by the Department of Planning & Zoning and review of the proposed grading suggest that no significant modification of a major landform is proposed. This conclusion is based upon the judgment of the case and environmental planners and the fact that the site generally contains slopes less than 10%. Therefore, there is no potential for a significant effect on the environment due to significant modification of a major landform. A.4 . Will the project result in change in topography or ground surface relief features? No No. The project site generally contains slopes between 2% to 10% with portions of the site exceeding 20%. Earth moving activities proposed for the project consist of approximately / ;th/S 20, 000 cubic yards to be moved on-site. The proposed grading and future pad elevations will follow existing contour lines. In addition, the project has been conditioned to submit a soils report in conjunction with the grading plan to the Building Department and the Engineering Division prior to the issuance of a grading permit. Thus, there is no potential for a significant effect on the environment due to a change in topography or ground surface. A. 5. Does the site include any unique geological resources of significance? No No. The project site is on the valley floor and is underlain by deposits of recent alluvium. In addition, the site was inspected by the Department of Planning & Zoning staff for any unique geological resources. As none were observed, it was determined that there will be no project-related impacts to this type of resource. A. 6. Will the project result in a significant increase in wind erosion blowsand or water erosion or siltation either off or on site beyond the construction phase of the project? No No. The subject project is being proposed adjacent to a previously developed area. No significant increases in wind erosion blowsand or water erosion either on or off site are expected based upon a site investigation and a review by the Planning and Engineering. The project has been conditioned to submit a Fugitive Dust and Erosion Control Plan to the Building Department. Therefore, there is no potential for a significant effect on the environment due to erosion. A.7. Will the proposal result in exposure to people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? No No. A review of the Seismic Safety Element of the City of Palm Springs General Plan, indicates that the proposed project site is not within a known restrictive geologic hazard area. All structures will be constructed to meet seismic safety requirements of the Uniform Building Code. Thus, there is no known significant threat to the project by geologic hazards. A.8. Will the proposal result in unstable earth conditions or in changes in geologic sub-structures? No No. A review of the Seismic Safety Element of the City of Palm Springs General Plan indicates that there are no known unstable geologic conditions or substructures in the vicinity of the project site. Thus, there will be no potential impacts upon or by the proposed project from this issue. /:2,*/y A. 9. Will the project result in disruptions, displacements, compaction or over-covering of the soil? No No. The proposed project will involve 20,000 cubic yards of cut and fill for site preparation. The cut and fill will be balanced on-site with no importing or exporting of dirt. This grading activity will not result in significant impacts to on- and off-site drainage patterns or soil erosion. - Soils reports and compaction reports will be reviewed by the Engineering Division and the Building & Safety Department. A. 10.Is the project site located within a Liquefaction Potential Zone? No No. According to the Seismic Safety Element of the City of Palm Springs General Plan, settlement and liquefaction as a result from seismic shaking are not considered significant hazards in Palm Springs. Therefore, the project environment will not be impacted by any known potential liquefaction hazards. B. AIR QUALITY B. I. Will the project interfere with the attainment of the federal or state ambient air quality standards by either violating or contributing to an existing or projected air quality violation, as indicated by the criteria in Table 3-1 of the SCAQMD CEQA Air Quality Handbook? No B. 2 . Will the project generate vehicle trips that cause a roadway to be reclassified at LOS E (CO Hotspot) , as indicated by the criteria in the Table 9-2 of the SCAQMD CEQA Air Quality Handbook? No B.3 . Will the project result in the creation of objectionable odors? No B.4 . Will the project be located on or near an active earthquake fault identified in an Alquist/Priolo Special Studies Zone (threatened or accidental release of air toxic emissions or acutely hazardous materials? No B. 5. Will the project emit lead or other air contaminant not regulated by the District? No B. 6. Does this project involve burning of hazardous, medical or municipal waste as waste-to-energy facilities? No B. 7. Will the project be occupied by a sensitive receptor within a close proximity of an existing facility that emits air toxics identified in SCAQMD Rule 1401? No /440; / B. 8. Will the project exceed any of the following significance emission thresholds? 55 pounds per day of ROG No 55 pounds per day of NOx No 274 pounds per day of CO No 150 pounds per day of PM-10 No 150 pounds per day of Sox No State 1 hour or 8 hour standard for CO No B.9 . Will the mitigation measures attached to the project mitigate the air quality impacts to the maximum extent feasible? _N/A_ B. 10.Will the project alter air movement, moisture,or temperature, or any change in climate, either locally or regionally? No No. The proposed tentative tract map subdivision will not alter climatological conditions either locally or regionally. The 10 acre project site will not interrupt wind patterns and the irrigation of landscaping will not effect the moisture or temperature of the area in a significant way due to conservative methods and the small size of the project. C. DRAINAGE C.1. Does the project involve a major natural drainage course or flood control channel, flood hazard during the 100-year flood event or aggravation of flooding off-site? No No. A site inspection by the Department of Planning & Zoning and the City Engineer indicated that no natural drainage course or flood control channel is located within the project boundaries. There is an existing drainage course that traverses the western perimeter of the subject site. However, this drainage course is no longer active other than sheet flow because of development within the surrounding area. Furthermore, a study of the U.S.G.S. Topographic Quadrangle Map confirms that no natural drainage course or flood control channel exists on the site. Based upon a review of the Federal Emergency Management Agency, Preliminary Flood Insurance Rates Maps, and the knowledge of the Planning Department and Engineering Division, there is no flood hazard on site during the 100-year flood event. (Copies of the Preliminary Flood Insurance Rate Maps are available for public review at the Building Department. Thus, no potentially significant effect to the environment would result from impacts on natural drainage courses or flood control channels or from flooding. l a 410 C.2 . Will the project result in changes in currents, or the course of direction of water movements in either marine or fresh waters? No No. An on-site inspection by the Department of Planning & Zoning staff confirmed that there are no bodies of water on or adjacent to the project site. Thus, there will be no impact to this water issue by the proposed project. C. 3. Will the project result in a significant increase in peak run-off? No No. Based upon consultation with the City Engineer, it has been determined that the increase in peak run-off from the 10 acre site would be insignificant. Based upon the knowledge of the City Engineer, there is no flood hazard on site during the 100-year flood event. Therefore, increase in peak run-off would not constitute a potential for a significant effect on the environment. C.4. Are there any apparent drainage problems or will the project require significant off-site storm drain construction? No No. The project would not result in any increase in run-off beyond that which presently exists. The existing improvements adequately accommodate site drainage. A review by the City Engineer revealed no drainage problems nor any need for off- site storm drain construction. This conclusion is consistent with the City of Palm Springs Master Plan of Drainage, 1986 . Therefore, no potential for a significant effect to the environment due to drainage will result from the project. C.5. Are there any existing wells on the project site or are there any proposed? No No. Based upon a review and an inspection of the site by the Department of Planning & Zoning, no active or abandoned wells are present nor are any proposed. Therefore, there is no potential for a hazard from the presence of a well on site. C. 6. Are there any other drainage or groundwater concerns relating to the project? No No. Based upon a review of the project by the Engineering Division, there are no other drainage or groundwater concerns relating to the project. Therefore, there is no potential for a significant effect on the environment that would be caused by any additional surface drainage or groundwater issues. C. 7 . Will the proposal result in discharge into surface waters or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? No No. The proposed development will not generate any significant additional storm run-off to existing flows received by storm channels located adjacent to the site. The paving over a portion of the site will result in some additional storm water run-off compared to existing. Thus, minor additional discharges into surface waters will occur. The project will be required to comply with all NPDES regulations related to storm water run-off, since the project site is 5 acres or more in size. C. B . Will the project require EPA discharge permits or streambed alteration permits by the Fish & Wildlife service or Fish & Game Department? No No. The proposed project is not located within or adjacent to a water course, and will not require application for discharge or streamlined alteration permits from the U. S. Army Corps of Engineers. There is an existing drainage course which traverses the western portion of the subject site. However, this drainage course is no longer active other than sheet flow because of development within the area. C.9. Will the project result in a change in the amount of surface water in any body of water? No No. The project site is devoid of any body of water, therefore, no potential impact or hazard exists to water resources. C. 10. Will the project result in change in the quantity of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? No No. The proposed ten acre single family subdivision will consume . 0023 gal. /ac. of water per day. This water will be provided by the Desert Water Agency from existing wells. Thus, the proposed project will use groundwater resources in the area. However, the extent of this impact is minimal. C. 11. Will the proposed project result in exposure of people or property to water-related hazards, such as flooding or tidal waves? No No. The project site is not located within a 100-year flood hazard area as designated by flood insurance rate maps with the Federal Emergency Management Agency (FEMA) . Since the project is located in an inland desert, there is no potential / BAN for tidal waves. Therefore, the potential for water-related hazards is insignificant. D. PLANT LIFE D. I. Are any sensitive, rare or endangered species of plants present on the subject property? (See California Native Plant Society, Inventory of Rare and Endangered Vascular Plants. No No. According to the City of Palm Springs General Plan, no rare, sensitive or endangered plant species exist on the site. The site is surrounded by existing development and does not have long term habitat values. This conclusion is based upon the working knowledge by the Planning Department of sensitive, rare or endangered species of plants in the area. Therefore, there is no potential for a significant impact on the environment due to a loss of rare, sensitive, or endangered plant life. D. 2 . Would any mature trees be removed if the project is carried out? No No. A site inspection by the Planning Department has revealed that no mature trees of any species exist on the project site. Creosote bush, brittlebush, cholla and assorted grasses are common in the project area. Therefore, there is no potential for a significant effect on the environment as a result of the loss of mature or healthy trees. D. 3 . Will the proposal result in a reduction in acreage of any agricultural crop? No No. There are no agricultural lands within the City of Palm Springs. Thus, there will be no impact upon the environment from loss of agricultural land. D.4. Will the project change the diversity of species or number of any species of plants including trees, shrubs, grass, crops and aquatic plants? No No. This project will be required to have a landscaping plan submitted that will meet City landscaping requirements. The site where the proposed improvements will be located is presently vacant with vegetation and boulders. The project site is surrounded by developed parcels that are landscaped with a mix of native and non-native plant species. Therefore, the proposed landscaping for this project will not change the diversity of plant species from that existing in the surrounding community. D.5. Will the project cause the introduction of new species of plants into an area or a barrier to the normal replenishment of existing species? No No. There will be no new species introduced into the area as a result of the proposed project. The project will consist of single family land uses on a site surrounded by sporadic single family development. Therefore, no barriers will be created and no new species will be introduced to the project area. E. ANIMAL LIFE E. 1. Will the project result in a reduction of the number of any unique, rare or endangered species of animals? (Big Horn Sheep, Coachella Valley Fringe-Toed Lizard, Least Bell's Vireo, Desert Tortoise) No No. According to the City of Palm Springs General Plan, there is no evidence of the presence of a unique, rare or endangered species of animals. In addition, the site will serve as infill to the surrounding development. This conclusion is based upon a working knowledge by the Planning Department of sensitive animals and habitat within the Palm Springs area. Thus, the project would not result in a potential for a significant effect on the environment from a loss of animal habitat or the reduction of rare, unique, or endangered animals. E.2 . Will the project result in a deterioration of any significant wildlife habitat (Riparian, hillside, wash or other) ? No No. Based upon a site inspection by the Department of Planning & Zoning, who has working knowledge of wildlife habitats within Palm Springs, it was determined that no significant wildlife habitat is present on the site. In addition, the project site is not within any significant habitat areas as delineated in the Biology Section of the Environmental Resources Element of the Palm Springs General Plan Update text. Therefore, there is no potential for a significant effect on wildlife habitat. E. 3 . Is consultation with the California Department of Fish and Game or the Department of Fish & Wildlife Service, as a trustee agency, required? No No. Review of the U.S.G.S. topographic map for the area indicates that the project site is not adjacent to, nor does it contain a perennial stream. (This criterion has been adopted by the California Department of Fish and Game. ) There is an existing natural drainage course which traverses the western perimeter of the project site. However, this drainage course is not identified on the U. S.G. S. topographic map and w4;0 is no longer active other than sheet flow because of development within the area. Therefore, no potential for a significant effect on the environment would result from impacts on a perennial stream and consultation with the California Department of Fish and Game or the Department of Fish and Wildlife Service is not required. E.4 . Will the project result in a change in diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects) ? No No. The project site is located in an area that has scattered development. There are no identified federal or state listed animal species known to exist on or near the site according to the City of Palm Springs General Plan Update, March 1993. Similarly, the site is not within the Coachella Fringe-toed Lizard habitat Conservation fee assessment area, therefore no mitigation fees will be required for this project. E. S. Will the project result in the introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? No The project site is surrounded by development which has significantly altered the animal community in the area. No significant new species will be introduced through development of this project. F. NOISE F. I. Is the project located: a. Within the 60 CNEL Airport Corridor? —No— b. within 200 feet of the railroad? - No-C. adjacent to a major thoroughfare? —No— d. near any major source of industrial or other noise source not covered above? No No. Examination of the City map indicates that the project is not within the Airport Noise Corridor, within 200 feet of the railroad, or adjacent to an major thoroughfare. Although the project is located at the southwest corner of Vista Chino and Via Monte Vista, Vista Chino is only designated as a secondary thoroughfare at this location. In addition, no source of industrial noise has been identified. Therefore, there is no potential for a significant effect on the project due to noise impacts. F. 2 . Will the project be compatible with the noise compatibility planning criteria according to Table 6-F of the Palm Springs Municipal Airport F.A.R. Part 150 Noise Compatibility Study N/A F. 3 . Will the project generate a noise level exceeding the noise levels stated within Palm Springs Municipal Code Chapter 11. 74 at the project boundary after construction? No No. Based upon the experience and judgment of the Department of Planning and Zoning, there would be no aspect of the project which would generate noise exceeding the noise levels stated within Palm Springs Municipal Code, Chapter 11. 74, at the project boundary. The project proposes a 17 lot single family subdivision which should not generate significant noise levels. Therefore, no potential for a significant effect on the environment due to noise impact has been identified. F.4 . Is the project site adjacent to a land use that will generate, or will the project generate, unusual periodic concentrations of human activity? No No. In the judgment of the Department of Planning & Zoning, there is no aspect of the project that would generate significant or unusual periodic concentrations of human activity, nor is the project adjacent to a land use that would generate such activity. Therefore, no potential is present for a significant effect on the environment due to such concentrations of activity. F.5. Will the project require noise abatement measures? No No. In the judgment of the planning staff, the project will not require noise abatement measures. The project is not expected to generate noise levels above the Palm Springs Municipal Code, Chapter 11.74 . In addition, no sensitive noise receptors are located in adjacent areas. (See explanations to F. 1.-3 . ) Therefore, there is no potential for a significant effect on the environment due to noise. G. LIGHT AND GLARE G. 1. Would on- or off-site residential land users be subject to light or glare that would disturb those residents?—No— No. The project site is located in a area of scattered single family residential development which is exposed to some light and glare from surrounding activities and development. The proposed residential subdivision should not produce new light or ,glare that will significantly impact the surrounding environment. On-site lighting will be minimal and should not impact existing development. Thus, their should not be a potential for an impact from light and glare. G. 2 . Will the proposal produce new light or glare? No No. The project area is located in an single family residential setting and as a result, the site is exposed to light and glare from surrounding activities and development. No additional street lights will be required for this project. The construction of the project will result in an increase in lighting in the area; however, this increase is not out of scale with existing levels of lighting in the surrounding area. H. LAND USE H. I. Could the project serve to encourage the development of presently undeveloped areas or increase the development intensity in developed areas (examples include the introduction of new or expanded public utilities, new industry commercial facilities and recreational activities?—No— No. The single family subdivision is being proposed adjacent to a previously developed area. Residential development is in the area of the project site. In the judgment of the Department of Planning and Zoning, there is no potential for the project to cause a significant effect on the environment by encouraging the development of previously undeveloped areas. H.2 . Is the proposed project inconsistent with adjoining land uses, the General Plan and zoning? No No. The proposed project falls within an acceptable range of land uses as described by the Palm Springs Zoning ordinance for the R-1-A Zone designation. The project site is designated as L2 on the Palm Springs General Plan. Therefore, the project is compatible with the City's General Plan and consistent with the Zoning Ordinance. Compliance with development conditions of approval will minimize any potential for land use compatibility concerns. I. NATURAL RESOURCES I. l. Will the proposal result in an increase in the rate of use of any natural resources? No No. The project site does not contain any mineral resources. The area surrounding the project site is developed with single family residences. There are no natural resource extraction activities in or near the site. Air and water resources are discussed in Sections B and C, respectively. The proposed use will have no impacts upon natural resources other than the use of construction materials for the proposed improvements. I� A �3 J. RISK J. 1. Does the proposal involve, or would it be subject to, a risk of an explosion or the significant release of hazardous substances (including, but not limited to, explosives, pesticides, chemicals, or radioactive materials) , in the event of an accident or upset condition? No In the judgment of the Department of Planning and Zoning, there are no aspects of the proposed operation or of the project construction which would involve explosives, pesticides, radiation, chemicals or other hazardous substances. Nor is there any known hazardous materials on the site. Therefore, there would be no risk of a release of or exposure to hazardous materials which would result in a potential for a significant impact on the environment. J. 2 . Is the project within or adjacent to a high fire hazard area as defined by the Palm Springs Fire Department? No No. The project site is located well away from the boundaries of the high fire hazard area as defined by the Palm springs Fire Department. Therefore, there is no impact to the environment from high fire hazard issues. J. 3 . Will the project result in possible interference with an emergency response plan or an emergency evacuation plan? No No. A review of the Palm Springs Disaster Preparedness Plan, by Department of Planning & Zoning staff, indicates that this project will in no way interfere with emergency plans. Thus, there will be little impact to the existing Palm Springs Disaster Preparedness Plan. K. HOUSING K. 1. Will the project affect existing housing, create a demand for additional housing or result in the displacement of people from the existing site? No No. Based on a site inspection by the Department of Planning and Zoning, it has been determined that there are no occupants on the project site. Therefore, the project would not result in the potential for a significant environmental impact due to the displacement of people from the site. K. 2 . Will the project provide low or moderate income housing? No No. This proposed project does not involve the development of low or moderate residential units. The project proposes a 17 single family residential lot subdivision catered to an enhanced high end market. Thus, there will be no direct impact upon existing or planned low or moderate housing stock as a result of development of the project. L. POPULATION L. 1. If a residential project, how many new residents would the proposed development house? (single family detached and attached = 3. 3 ; apartments = 2. 3 ; mobile home= 2 .0)_56 L. 2 . Will the proposed project alter the location, distribution, density, or growth rate of the human population of an area? No No. A review of the project by Department of Planning & Zoning staff determined that there will be no impact upon the location, distribution, density, or growth rate of the human population. M. SCHOOLS (Residential Only) M. 1. How many students in each of the following categories are expected? (Student generation factors provided by the Palm Springs Unified School District) . S.F. Apt. & M.H. Elementary 0.45 8 0.33 Junior High 0.22 4 0. 15 High School 0. 15 3 0. 13 According to the Palm Springs Unified School District, due to the low generation factors, the project should not impact existing schools. However, the Palm Springs Unified School District has indicated that the project shall participate in the collection of school fees in the amount of $1. 65 per square foot of accessible space to potentially mitigate the impact. M. 2 . What are the capacities of applicable schools? (Based on the most recent monthly report by the Palm Springs Unified School District) Elementary 645 Junior High 1, 002 Senior High 2 , 198 See Response to L. 1. above. M. 3 . What are the attendances at applicable schools? (Based upon the most recent monthly report by the Palm Springs Unified School District) Date of Count_October, 1993 24 2Sr Elementary 703 Junior High 1,280 Senior High 2 , 158 See Response to M. 1. above. N. TRANSPORTATION AND CIRCULATION N. 1. Estimated Average daily vehicle trips generated by the project: (S.F. = 10; M.F. = 6; or from the Institute of Transportation Engineers, Trip Generation. ) 170 See Response to N. 3 . below. N. 2 . Would the project result in traffic congestion? No No. The proposed subdivision would not create traffic congestion. Based on the review by the City Engineer, the subdivision will not create on-site .or off-site traffic congestion. Therefore, there is no potential for a significant effect on the environment due to problems associated with traffic congestion. N. 3 . Is parking inadequate for the proposed project? No No. Based upon review of the site plan the proposed project would meet all parking requirements as outlined in the Palm Springs Zoning Ordinance. Upon satisfying the parking requirements contained in the Zoning Ordinance, no potential for a significant impact on the environment would result from inadequate parking on the site. N.4 . Would the project create or experience access problems as designed? No No. The project would not experience access problems based upon the judgment of the Planning Department/Traffic Engineer. Therefore, there is no potential for a significant effect on the environment due to problems associated with access. N. 5. Does circulation within the development provide an un- acceptable level of safety required for the orderly flow of people and their vehicles? No No. Circulation within the project site will be adequate based upon the judgment of the Traffic Engineer and the Department of Planning and Zoning. Therefore, there is no potential for a significant effect on the environment due to circulation within the project site. /3A N. 6. Will the proposal result in alterations to water-borne, rail or air traffic? No No. The project will not affect waterborne, rail, or air traffic. The project site is located in an urbanized area of the City, away from water or railways. In addition, the project is such that it would not interfere with air traffic. N.7 . Will the proposal result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians? No No. Vehicular traffic on the surrounding streets will not change with the proposed project. Some short-term impacts may result from construction activities. Increased traffic levels and a higher incidence of traffic accidents are possible short-term impacts that may result from construction activities. O. EMERGENCY SERVICES 0. 1. Roadway distance to nearest fire station: 4000 ft. This distance is well within the 5 minute response time established by the Palm Springs Fire Department. Therefore, fire response time would not constitute a potential for a significant effect on the environment. P. AESTHETICS P. 1. Is a major ridgeline, which is visible from the valley floor, involved in the project? No No. The project site is on the valley floor east of the San Jacinto Mountain backdrop. No impacts will result. Since the project does contain slopes exceeding lot, lots with slopes 10% or greater are subject to Section 9313 . 00 of the Zoning Ordinance regarding hillside development. The purpose of this section is to provide for the safe, orderly and aesthetically development of hillside areas. Architectural, site grading and landscape plan approval by the Planning Commission is required for all developments in hillside areas. Therefore, no potential for a significant effect on the environment due to involvement of a major ridgeline exists. P. 2 . Will the proposal result in the creation of an aesthetically negative site open to public view or obstruction of any significant vista? No No. Lots 3 through 11 and 12 through 15 proposed along the northerly property line may reduce existing views when developemnt occurs on the site. Existing homes have enjoyed uninterrupted views and the open space provided by the subject property. Topographic conditions will not allow for 12A29 maintenance of existing views when homes are constructed on the subject property. Since the project does contain slopes exceeding 10%, lots with slopes 10% or greater are subject to Section 9313 . 00 of the Zoning Ordinance regarding hillside development. The purpose of this section is to provide for the safe, orderly and aesthetically pleasing development of hillside areas. Architectural, site grading and landscape plan approval by the Planning Commission is required for all developments in hillside areas. Architectural Approval will require careful review of all proposed residences, however, preservation of existing views cannot be assured in the future. Section 9313 .00 and Section 9406. 01, allow for building height up to 30' in hillside areas. Consideration may be given on restricting building height to reduce conflicts. This practice, at the subdivision stage, is difficult and may restrict creative residential designs. Thus the City's architectural approval process should be implemented to guide future development. Based upon the City's long established architectural review process, future conflicts can be mitigated to a level acceptable within the community. Q. ARCHAEOLOGICAWHISTORICAL Q. 1. Has a site inspection for historical and archaeological resources ,been performed? Yes If "yes", by M.C. Hall, Director and Principal Investigator, Archaeological Research Unit, University of California Riverside, CA 92521 Yes. The site was inspected for archaeological and historic significance. The archaeological study prepared for the subject site indicated that there are no archaeological sites, listed National Register of Historic Places properties, California Historic Landmarks, or recorded historic structures within the subject site. Therefore, the potential for destruction of such resources would not constitute a potential for a significant effect on the environment. Q. 2 . Does the proposed project include any resources or archaeological or historical significance and would the proposal result in an impact on a significant archaeological or historical site, structure, object or building?—No— No. The archaeological study prepared for the subject site indicated that there are no archaeological sites, listed National Register of Historic Places properties, California Historic Landmarks, or recorded historic structures within the subject site. Therefore, the potential for destruction of such resources would not constitute a potential for a significant effect on the environment. lS Q. 3 . Will the proposal restrict existing religious or sacred uses within the potential impact area? No No. There are no known religious or sacred sites located on the project site as determined by the archaeological study prepared for this project by Archaeological Research Unit, University of California. Therefore, there is little potential that the proposed project will effect any religious or sacred sites. Q. 4 . Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? No No. The project site presents no known historic or cultural significance to any groups or residents. No impact on ethnic cultural values are expected with the proposed improvements. R. PUBLIC CONTROVERSY R. 1. Is the proposed project or action environmentally controversial in nature, or can it reasonably be expected to become controversial upon disclosure to the public?—No— No. Based upon the judgment of the Department of Planning and Zoning, the proposed project is not known to be environmentally controversial, nor is it reasonably expected to become controversial upon disclosure to the public. Therefore, no potential for a significant effect on the environment due to public controversy would result. S. UTILITIES/SERVICERS S. I. Are existing utilities inadequate for or not available to service the proposed project? No Water Supply No Electrical Energy No Natural Gas No Wastewater No Fire No Police No Parks & Recreational Facilities No Other Government Services No JZ14 �t.� No. The project has been reviewed by the Public Works Department and other relevant agencies. The utilities required for the project are present in the site area and currently serve the site. Therefore, there is no potential for a significant effect on the environment due to impacts on utilities. T. HUMAN HEALTH T. I. Will the proposal result in creation of any health hazard or potential health hazard (excluding mental health) ?—No— No. There are no significant health hazards that have been identified that would possibly affect the project or its residents. Section J of this assessment discusses the potential for Risk of Upset. T.2 . Will the project result in the exposure of people to potential health hazards? No No. This proposed residential subdivision will not subject the public to any known potential health hazard. Therefore, there is no known potential impact, by the project, on, public health. U. MANDATORY FINDINGS OF SIGNIFICANCE U. I. Does the project have the potential to degrade the quality of the environment or curtail the diversity in the environment? No No. This conclusion is based upon a review of responses to Questions A-R. Therefore, there is no potential for a significant effect on the environment. U.2 . Does the project have the potential to achieve short-term, to the disadvantage of the long-term, environmental goals? No No. This conclusion is based upon a review of responses to Questions A-R. Therefore, there is no potential for a significant effect on the environment. U. 3 . Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impact on the environment is significant. In addition, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects. ) —No - ]:kip BE) a. Traffic -mo- b. Water - No-C. Wastewater -No- d. Schools -No- e. Flooding No f. Other No No. Based upon a review of the project by the Planning and Zoning Department there are no significant impacts regarding traffic, water, wastewater, schools, flooding or other utility issues. Therefore, there is no significant impact upon the environment. U.4 . Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No No. This conclusion is based upon a review of responses to Questions A-T. Therefore, there is no potential for a significant effect on the environment. VIII. References used in responding to this questionnaire include: P.S. Existing General Plan text, City of P.S. (March 3, 1993) P.S. General Plan, EIR and Technical Appendices, City of P.S. Planning Dept. (July 1992) Archaeological Study, M.C. Hall, Archaeological Research Unit, University of California /z� 3i IX. LIST BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R. Evans, Director of Planning & Zoning Frank Coyle, Planner II Robert Rockett, City Engineer X. DETERMINATION On the basis of this initial evaluation: _XX_ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described in the Mitigated Negative Declaration. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project is consistent with the Program EIR on _February 2, 1994_ XL4_'L'�� DOUGLAS . EVANS Directo of Planning & Zoning /aA 3 � CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY Application No(s) . Tentative Tract Mao No 27680 Date of Completed Application: December 20, 1993 Name of Applicant: The Palm Mountain Co. . 11839 Sorrento Valley, San Diego, CA 92121 Project Description: The applicant proposes, to subdivide 10 acres into 17 single family residential lots. Location of Project: The subject property is located in the northwestern portion of the City at the southwestern corner of Vista Chino Road and Via Monte Vista. General Plan Land Use Designation(s) : L2 (Low Residential 2 Units/Acre) . Proposed General Plan Land Use Designation(s) : Not Applicable Present Land Use(s) : Vacant Existing Zoning(s) : R-1-A Proposed Zoning(s) : R-1-A I. Is the proposed action a "project" as defined by CEQA? (See Section 2 . 6. of State CEQA Guidelines. If more than one project is present in the same area, cumulative impact should be considered. ) X Yes No II. If "yes" above, does the project fall into any of the Emergency Projects listed in Section 15269 of the State CEQA Guidelines? Yes X No III. If "no" on II . , does the project fall under any of the Ministerial Acts listed in Section 15268 (b) of the State CEQA Guidelines? Yes X No IV. If "no" on III. , does the project fall under any of the Statutory Exemptions listed in Article 18, of the State CEQA Guidelines? Yes X No V. If "no" on IV. , does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is -a reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply. ) Yes X No If yes, state the exemption and provide explanation. (Use separate sheet to explain. ) If yes to II, III, IV or V, prepare notice of exemption and file with Riverside County ($25. 00 fee) . VI. Project Description The applicant proposes Tentative Tract Map 27680 to _subdivide 10 acres into 17 single family residential lots at the southwestern corner of Vista Chino and Via Monte Vista. The subject property is designated as L2 (Low Residential 2 Units/Acre) and is zoned R-1-A (Single Family Residential Zone) with a minimum lot size of 20, 000 square feet. The surrounding zoning is R-1-A and R-1-B to the immediate northeast. The project proposes to construct a 37' R/W private cul- de-sac off of Via Monte Vista parallel to Stevens Road. The proposed lots range in size from 20, 159 square feet to 26, 865 square feet. Several lots do not meet the minimum R-1-A width requirement of 130 feet. Thus, the applicant has submitted an administrative minor modification for the substandard lots which will be processed after project approval. ��A �y VII. Site Description The site is currently vacant and generally slopes between 2% and l0% from the northwest to the southeast. Portions of the site exceed slopes of 20%. The subject site is enclosed with a chain link fence surrounded with sporadic single family residential development. Drainage is generally from the northwest to the southeast. There is an existing natural drainage course which traverses the western perimeter of the project site. However, this drainage course is no longer active other than sheet flow because of development within the area. The site is partially disturbed from surrounding development and trails traversing the site. These trails are only local paths and do not connect to the City's trail system. Creosote bush, brittlebush, cholla and assorted grasses are common in the project area. VIII. Surrounding Land Uses: Surrounding General Plan: North: Residential North: L2 (Low Res. ) East: Residential, Vacant East: L2 South: Residential, Vacant South: L2 West: Residential, Vacant West: L2 IX. Is the proposed project consistent with: (If yes or not applicable, no explanation required. ) Yes No N/A City of Palm Springs General Plan X Applicable Specific Plan X City of -Palm Springs zoning Ordinance X South Coast Air Quality Management Plan X Airport Part 150 Noise Study g X. Are any of the following studies required: 1. —Yes—Soils Report 8. —No—Biological Study 2 . —NO—Slope Study 9. —No—Noise Study 3 . _No_Geotechnical Report 10. _No_Hazardous Materials Study 4 . No Traffic Study 11. _No Housing Analysis 5. —No—Air Quality Study 12 . —Yes—Archaeological Report 6. ,,_No_Hydrology _ 13 . No Groundwater Analysis 7. —No—Sewer Study 14. _No Water Quality Report 15. —No—Other XI. . , _ Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Undate INITIAL STUDY QUESTIONNAIRE AND RESPONSES A. EARTH RESPONSE A. I. Does the parcel contain slopes of 10$ or greater? Yes_ A. la. Is any development proposed on slopes in excess of 30%? No Yes. A site inspection and review of topographic maps by the Department of Planning & Zoning verified that portions of the site do contain slopes exceeding 10%. There are also limited areas of the site along the northern boundary which exceed 20%. Thus, areas that exceed lot are subject to Section 9313 . 00 of the Zoning Ordinance regarding hillside development. According to the ordinance, site plan approval by the Planning Commission is required for all development in hillside areas. In addition, the project has been conditioned to submit a soils report in conjunction with the grading plan to the Building Department and the Engineering Division prior to the issuance of a grading permit. Therefore, there should be no potential for a significant effect on the environment due to intrusion into slopes. A. 2. Is any portion of the project site in an area of medium or ,high rockfall risk and are there any known rockfall areas on _..the subject property? No u - No. The Seismic Safety and Public Safety Element of the City :::_of Palm Springs General Plan indicates that no portion of the project site is in an area of medium or high rockfall risk and that no known rockfalls are present on the site. A site inspection by the Department of Planning & Zoning confirmed these conclusions. Therefore, there is no potential for a significant effect on the environment due to rockfalls. A.3 . Is any significant modification of a major landform proposed? No . —No. A site inspection by the Department of Planning & Zoning and review of the proposed grading suggest that no significant modification of a major landform is proposed. This conclusion is based upon the judgment of the case and environmental planners and the fact that the site generally contains slopes less than 10%. Therefore, there is no potential for a significant effect on the environment due to significant modification of a major landform. A.4. Will the project result in change in topography or ground surface relief features? No No. The project site generally contains slopes between 2% to 10% with portions of the site exceeding 20%. Earth moving activities proposed for the project consist of approximately /R 4 3? 20, 000 cubic yards to be moved on-site. The proposed grading and future pad elevations will follow existing contour lines. In addition, the project has been conditioned to submit a soils report in conjunction with the grading plan to the Building Department and the Engineering Division prior to the -- issuance of a grading permit. Thus, there is no potential for a significant effect on the environment due to a change in topography or ground surface. A.5. Does the site include any unique geological resources of significance? No No. The project site is on the valley floor and is underlain by deposits of recent alluvium. In addition, the site was inspected by the Department of Planning & Zoning staff for any unique geological resources. As none were observed, it was determined that there will be no project-related impacts to ,yA this type of resource. A. 6. Will the project result in a significant increase in wind erosion blowsand or water erosion or siltation either off or on site beyond the construction phase of the project? No No. The subject project is being proposed adjacent to a previously developed area. No significant increases in wind erosion blowsand or water erosion either on or off site are -� expected based upon a site investigation and a review by the Planning and Engineering. The project has been conditioned to submit a Fugitive Dust and Erosion Control Plan .to the -_Building Department. Therefore, there is no potential for a significant effect on the environment due to erosion. A.7. Will the proposal result in exposure to people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? No No.. A review of the Seismic Safety Element of the City of Palm Springs General Plan, indicates that the proposed project site is not within a known restrictive geologic hazard area. All ., structures will be constructed to meet seismic safety requirements of the Uniform Building Code. Thus, there is no known significant threat to the project by geologic hazards. A.S. Will the proposal result in unstable earth conditions or in . changes in geologic sub-structures? No No. A review of the Seismic Safety Element of the City of Palm Springs General Plan indicates that there are no known unstable geologic conditions or substructures in the vicinity of the project site. Thus, there will be no potential impacts upon or by the proposed project from this issue. /A 38 In addition, the project has been conditioned to submit a soils report in conjunction with the grading plan to the -Building Department and the Engineering Division prior to the issuance of a grading permit. Thus, there is no potential for a significant effect on the environment due to a change in topography or ground surface. A.5. Does the site include any unique geological resources of significance? No No. The project site is on the valley floor and is underlain by deposits of recent alluvium. In addition, the site was inspected by the Department of Planning & Zoning staff for any unique geological resources. As none were observed, it was determined that there will be no project-related impacts to this type of resource. A. 6. Will the project result in a significant increase in wind erosion blowsand or water erosion or siltation either off or on site beyond the construction phase of the project? No No. The subject project is being proposed adjacent to a previously developed. area. No significant increases in wind erosion blowsand or water erosion either on or off site are expected based upon a site investigation and a review by the Planning and Engineering. The project has been conditioned to `'submit a Fugitive Dust and Erosion Control Plan to the Building Department. Therefore, there is no potential for a significant effect on the environment due to erosion. A. 7. Will the proposal result in exposure to people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? No No. A review of the Seismic Safety Element of the City of Palm Springs General Plan, indicates that the proposed project site is not within a known restrictive geologic hazard area. All , 'structures will be constructed to meet seismic safety ,requirements of the Uniform Building Code. Thus, there is no known significant threat to the project by geologic hazards. A.S. ,Will the proposal result in unstable earth conditions or in changes in geologic sub-structures? No No. A review of the Seismic Safety Element of the City of Palm Springs General Plan indicates that there are no known unstable geologic conditions or substructures in the vicinity of the project site. Thus, there will be no potential impacts upon or by the proposed project from this issue. A.9. Will the project result in disruptions, displacements, compaction or over-covering of the soil? No No. The proposed project will involve 20, 000 cubic yards of cut and fill for site preparation. The cut and fill will be balanced on-site with no importing or exporting of dirt. This grading activity will not result in significant impacts to on- and off-site drainage patterns or soil erosion. Soils reports and compaction reports will be reviewed by the Engineering Division and the Building & Safety Department. A. 10.Is the project site located within a Liquefaction Potential Zone? No No. According to the Seismic Safety Element of the City of Palm Springs General Plan, settlement and liquefaction as a result from seismic shaking are not considered significant hazards in Palm Springs. Therefore, the project environment will not be impacted by any known potential liquefaction `'-hazards. B. AIR QUALITY B. I. Will the project interfere with the attainment of the federal or state ambient air quality standards by either violating or —contributing to an existing or projected air quality violation, as indicated by the criteria in Table 3-1 of the 3"SCAQMD CEQA Air Quality Handbook? No B.2. Will the project generate vehicle trips that cause a roadway to be reclassified at LOS E (CO Hotspot) , as indicated by the criteria in the Table 9-2 of the SCAQMD CEQA Air Quality Handbook? No B. 3 . Will the project result in the creation of objectionable odors? No B. 4 . Will the project be located on or near an active earthquake fault identified in an Alquist/Priolo Special Studies Zone (threatened or accidental release of air toxic emissions or acutely hazardous materials? No B. 5. Will the project emit lead or other air contaminant not ___regulated by the District? No B. 6. Does this project involve burning of hazardous, medical or municipal waste as waste-to-energy facilities? No B.7. Will the project be occupied by a sensitive receptor within a close proximity of an existing facility that emits air toxics identified in SCAQMD Rule 1401? No /2 4 VD B.B . Will the project exceed any of the following significance emission thresholds? 55 pounds per day of ROG No 55 pounds per day of NOx No 274 pounds per day of CO No 150 pounds per day of PM-10 No 150 pounds per day of Sox No State 1 hour or 8 hour standard for CO No B.9. Will the mitigation measures attached to the project mitigate the air quality impacts to the maximum extent feasible? _N/A_ B. 10.Will the project alter air movement, moisture,or temperature, or any change in climate, either locally or regionally? No No. The proposed tentative tract map subdivision will not alter climatological conditions either locally or regionally. ; _ The 10 acre project site will not interrupt wind patterns and the irrigation of landscaping will not effect the moisture or temperature of the area in a significant way due to conservative methods and the small size of the project. C. DRAINAGE C. 1. , Does the project involve a major natural drainage course or flood control channel, flood hazard during the 100-year flood event or aggravation of flooding off-site? No No. A site inspection by the Department of Planning & Zoning and the City Engineer indicated that no natural drainage course or flood control channel is located within the project boundaries. There is an existing drainage course that traverses the western perimeter of the subject site. However, this drainage course is no longer active other than sheet flow 'because of _ development within the surrounding area. Furthermore, a study of the U.S.G.S. Topographic Quadrangle Map confirms that no natural drainage course or flood control ' channel exists on the site. Based upon a review of the Federal Emergency Management Agency, Preliminary Flood Insurance Rates Maps, and the knowledge of the Planning Department and Engineering Division, there is no flood hazard on site during the 100-year flood event. (Copies of the Preliminary Flood Insurance Rate Maps are available for public review at the Building Department. Thus, no potentially significant effect to the environment would result from impacts on natural drainage courses or flood control channels or from flooding. i;.4 yl C.2 . Will the project result in changes in currents, or the course of direction of water movements in either marine or fresh waters? No No. An on-site inspection by the Department of Planning & Zoning staff confirmed that there are no bodies of water on or adjacent to the project site. Thus, there will be no impact to this water issue by the proposed project. C.3 . Will the project result in a significant increase in peak run-off? No No. Based upon consultation with the City Engineer, it has been determined that the increase in peak run-off from the 10 acre site would be insignificant. Based upon the knowledge of the City Engineer, there is no flood hazard on site during the 100-year flood event. Therefore, increase in peak run-off would not constitute a potential for a significant effect on ='the environment. C.4. -Are there any apparent drainage problems or will the project require significant off-site storm drain construction? No No. The project would not result in any increase in run-off beyond that which presently exists. The existing improvements adequately accommodate site drainage. A review by the City `' Engineer revealed no drainage problems nor any need for off- site storm drain construction. This conclusion is consistent - with the City of Palm Springs Master Plan of Drainage, 1986. Therefore, no potential for a significant effect to the environment due to drainage will result from the project. C.5. Are there any existing wells on the project site or are there any proposed? No -No. Based upon a review and an inspection of the site by the Department of Planning & Zoning, no active or abandoned wellsi are present nor are any proposed. Therefore, there is no -potential for a hazard from the presence of a well on site. C. 6. Are there any other drainage or groundwater concerns relating to the project? No No. Based upon a review of the project by the Engineering Division, there are no other drainage or groundwater concerns relating to the project. Therefore, there is no potential for a significant effect on the environment that would be caused by any additional surface drainage or groundwater issues. C.7. Will the proposal result in discharge into surface waters or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? No No. The proposed development will not generate -any significant additional storm run-off to existing flows received by storm channels located adjacent to the, site. The paving over a portion of the site will result in some additional storm water run-off compared to existing. Thus, minor, additional discharges into surface waters will occur. The project will be required to comply with all NPDES regulations related to storm water run-off, since the project site is 5 acres or more in size. C.8. Will the project require EPA discharge permits or streambed alteration permits by the Fish & Wildlife Service or Fish & Game Department? No No. The proposed project is not located within or adjacent to a water course, and will not require application for discharge or streamlined alteration permits from the U. S. Army Corps of - Engineers. There is an existing drainage course which traverses the western portion of the subject site. However, this drainage course is no longer active other than sheet flow because of development within the area. C.9. 'Will the project result in a change in the amount of surface water in any body of water? No No. The project site is devoid of any body of water, therefore, no potential impact or hazard exists to water resources. C. 10. . Will the project result in change in the quantity of ground "' water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? —No- -No. The proposed ten acre single family subdivision will consume . 0023 gal. /ac. of water per day. This water will be provided by the Desert Water Agency from existing wells. Thus, the proposed project will use groundwater resources in the area. However, the extent of this impact is minimal. C. 11. Will the proposed project result in exposure of people or property to water-related hazards, such as flooding or tidal waves? No No. The project site is not located within a 100-year flood hazard area as designated by flood insurance rate maps with the Federal Emergency Management Agency (FEMA) . Since the project is located in an inland desert, there is no potential iOX49y10 for tidal waves. Therefore, the potential for water-related hazards is insignificant. D. - PLANT LIFE D. 1. Are any sensitive, rare or endangered species of plants present on the subject property? (See California Native Plant Society, Inventory of Rare and Endangered Vascular Plants No No. According to the City of Palm Springs General Plan, no rare, sensitive or endangered plant species exist on the site. The site is surrounded by existing development and does not have long term habitat values. This conclusion is based upon the working knowledge by the Planning Department of sensitive, rare or endangered species of plants in the area. Therefore, there is no potential for a significant impact on the environment due to a loss of rare, sensitive, or endangered plant life. D.2. Would any mature trees be removed . if the project is carried out? No No. A site inspection by the Planning Department has revealed that no mature trees of any species exist on the project site. Creosote bush, brittlebush, cholla and assorted grasses are common in the project area. Therefore, there is no potential -for a significant effect on the environment as a result of the --- loss of mature or healthy trees. D. 3 . Will the proposal result in a reduction in acreage of any agricultural crop? No No. There are no agricultural lands within the City of Palm Springs. Thus, there will be no impact upon the environment from loss of agricultural land. D.4. -Will the project change the diversity of species or number of any species of plants including trees,shrubs, grass, crops and - --aquatic plants? No No. This project will be required to have a landscaping plan submitted that will meet City landscaping requirements. The site where the proposed improvements will be located is presently vacant with vegetation and boulders. The project site is surrounded by developed parcels that are landscaped with a mix of native and non-native plant species. Therefore, the proposed landscaping for this project will not change the diversity of plant species from that existing in the surrounding community. D.S. Will the project cause the introduction of new species of plants into an area or a barrier to the normal replenishment of existing species? No No. There will be no new species introduced into the area as a result of the proposed project. The project will consist of single family land uses on a site surrounded by sporadic single family development. Therefore, no barriers will be created and no new species will be introduced to the project area. E. ANIMAL LIF$ E. 1. Will the project result in a reduction of the number of any unique, rare or endangered species of animals? (Big Horn Sheep, Coachella Valley Fringe-Toed Lizard, Least Bell's Vireo, Desert Tortoise) No No. According to the City of Palm Springs General Plan, there is no evidence of the presence of a unique, rare or endangered species of animals. In addition, the site will serve as -infill to the surrounding development. This conclusion is based upon a working knowledge by the Planning Department of sensitive animals and habitat within the Palm Springs area. Thus, the project would not result in a potential for a significant effect on the environment from a loss of animal habitat or the reduction of rare, unique, or endangered animals. E.2. Will the project result in a deterioration of any significant , wildlife habitat (Riparian, hillside, wash or other) ? No No. Based upon a site inspection by the Department of Planning & Zoning, who has working knowledge of wildlife habitats within Palm Springs, it was determined that no significant wildlife habitat is present on the site. In addition, the project site is not within any significant habitat areas as delineated in the Biology Section of the Environmental Resources Element of the Palm, Springs General Plan Update text. Therefore, there is no potential for a significant effect on wildlife habitat. E. 3 . is consultation with the California Department of Fish and Game or the Department of Fish & Wildlife Service, as a trustee agency, required? No No. Review of the U.S.G.S. topographic map for the area indicates that the project site is not adjacent to, nor does it contain a perennial stream. (This criterion has been adopted by the California Department of Fish and Game. ) There is an existing natural drainage course which traverses the western perimeter of the project site. However, this drainage course is not identified on the U.S.G. S. topographic map and 124 N.6. Will the proposal result in alterations to water-borne, rail or air traffic? No No. The project will not affect waterborne, rail, or air traffic. The project site is located in an urbanized area of the City, away from water or railways. In addition, the project is such that it would not interfere with air traffic. N.7. Will the proposal result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians? No No. Vehicular traffic on the surrounding streets will not change with the proposed project. Some short-term impacts may result from construction activities. Increased traffic levels and a higher incidence of traffic accidents are possible short-term impacts that may result from construction activities. O. EMERGENCY SERVICES 0. 1. Roadway distance to nearest fire station: 4000 ft. 'This distance is well within the 5 minute response time established by the Palm Springs Fire Department. Therefore, fire response time would not constitute a potential for a significant effect on the environment. P. AESTHETICS P. 1. Is a major ridgeline, which is visible from the valley floor, involved in the project? No No. The project site is on the valley floor east of the San Jacinto Mountain backdrop. - Since the project does contain slopes exceeding 20%, lots with slopes 20% or greater are ---subject to Section 9313 .00 of the Zoning Ordinance regarding hillside development. The purpose of this section is to provide for the safe, orderly and aesthetically development of hillside areas. Site plan approval by the Planning Commission is required for all developments in hillside areas. Thus, the site should not impact a major ridgeline. Therefore, no potential for a significant effect on the environment due to involvement of a major ridgeline exists. P.2. Will the proposal result in the creation of an aesthetically negative site open to public view or obstruction of any significant vista? No No. The proposed project would not result in the creation of an aesthetically negative site open to public view or obstruction of any significant view vista based on review by the Department of Planning and Zoning of the exhibits )a is no longer active other than sheet flow because of development within the area. Therefore, no potential for a significant effect on the environment would result from impacts on a perennial stream and consultation with the California Department of Fish and Game or the Department of Fish and Wildlife Service is not required. E.4. Will the project result in a change in diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects) ? No No. The project site is located in an area that has scattered development. There are no identified federal or state listed animal species known to exist on or near the site according to the City of Palm Springs General Plan Update, March 1993 . Similarly, the site is not within the Coachella Fringe-toed Lizard habitat Conservation fee assessment area, therefore no mitigation fees will be required 'for this project. E. 5. Will the project result in the introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? No The project site is surrounded by development which has significantly altered the animal community in the area. No significant new species will be introduced through development of this project. F. NOISE F. I. Is the project located: a. Within the 60 CNEL Airport Corridor? —No— b within 200 feet of the railroad? No c. adjacent to a major thoroughfare? No d. near any major source of industrial or other noise source ,not covered above? No No. Examination of the City map indicates that the project is --not within the Airport Noise Corridor, within 200 feet of the railroad, or adjacent to an major thoroughfare. Although the project is located at the southwest corner of Vista Chino and Via Monte Vista, Vista Chino is only designated as a secondary thoroughfare at this location. In addition, no source of industrial noise has been identified. Therefore, there is no potential for a significant effect on the project due to noise impacts. IZLA F. 2 . Will the project be compatible with the noise compatibility planning criteria according to Table 6-F of the Palm Springs Municipal Airport F.A.R. Part 150 Noise Compatibility Study N/A F. 3 . Will the project generate a noise level exceeding the noise levels stated within Palm Springs Municipal Code Chapter 11. 74 at the project boundary after construction? No No. Based upon the experience and judgment of the Department of Planning and Zoning, there would be no aspect of the project which would generate noise exceeding the noise levels stated within Palm Springs Municipal Code, Chapter 11.74, at the project boundary. The project proposes a 17 lot single family subdivision which should not generate significant noise levels. Therefore, no potential for a significant effect on the environment due to noise impact has been identified. F.4. Is the project site adjacent to a land use that will generate, or will the project generate, -unusual periodic concentrations of human activity? No No. In the judgment of the Department of Planning & Zoning, _.. there is no aspect of the project that would generate significant or unusual periodic concentrations of human activity, nor is the project adjacent to a land use that would ' generate such activity. Therefore, no potential is present for a significant effect on the environment due to such concentrations of activity. F.5. Will the project require noise abatement measures?—No— No. In the judgment of the planning staff, the project will not require noise abatement measures. The project is not .expected to generate noise levels above the Palm Springs Municipal Code, Chapter 11. 74 . In addition, no sensitive _,_ noise receptors are located in adjacent areas. (See explanations to F. 1.-3 . ) Therefore, there is no potential for a significant effect on the environment due to noise. G. LIGHT AND GLARE G. J. Would on- or off-site residential land users be subject to light or glare that would disturb those residents?—No— No. The project site is located in a area of scattered single family residential development which is exposed to some light and glare from surrounding activities and development. The proposed residential subdivision should not produce new light or glare that will significantly impact the surrounding environment. On-site lighting will be minimal and should not impact existing development. Thus, their should not be a potential for an impact from light and glare. �� G.2 . Will the proposal produce new light or glare? No No. The project area is located in an single family residential setting and as a result, the site is exposed to light and glare from surrounding activities. and development. No additional street lights will be required for this project. The construction of the project will result in an increase in lighting in the area; however, this increase is not out of scale with existing levels of lighting in the surrounding area. H. LAND USE H. 1. Could the project serve to encourage the development of presently undeveloped areas or increase the development intensity in developed areas (examples include the introduction of new or expanded public utilities, new industry commercial facilities and recreational activities?—No— The single family subdivision is being proposed adjacent to a previously developed area. Residential development is in the area of the project site. In the judgment of the Department of Planning and Zoning, there is no potential for the project to cause a significant effect on the environment by encouraging the development of previously undeveloped areas. H.2. Is the proposed project inconsistent with adjoining land uses, --- the General Plan and zoning? No No. The proposed project falls within an acceptable range of land uses as described by the Palm Springs Zoning Ordinance for the R-1-A Zone designation. The project site is designated as L2 on the Palm Springs General Plan. Therefore, the project is compatible with the City's General Plan and consistent with the Zoning Ordinance. Compliance with development conditions of approval will minimize any potential . for land use compatibility concerns. I. NATURAL RESOURCES I. I. Will the proposal result in an increase in the rate of use of any natural resources? No No. The project site does not contain any mineral resources. The area surrounding the project site is developed with single family residences. There are no natural resource extraction activities in or near the site. Air and water resources are discussed in Sections B and C, respectively. The proposed use will have no impacts upon natural resources other than the use of construction materials for the proposed improvements. J. . RISK J.1. Does the proposal involve, or would it be subject to, a risk of an explosion or the significant release of hazardous substances (including, but not limited to, explosives, pesticides, chemicals, or radioactive materials) , in the event of an accident or upset condition? No In the judgment of the Department of Planning and Zoning, there are no aspects of the proposed operation or of the project construction which would involve explosives, pesticides, radiation, chemicals or other hazardous substances. Nor is there any known hazardous materials on the site. Therefore, there would be no risk of a release of or exposure to hazardous materials which would result in a potential for a significant impact on the environment. J.2 ....Is the project within or adjacent to a high fire hazard area as defined by the Palm Springs Fire Department? No No.' The project site is located well away from the boundaries J . the high fire hazard area as defined by the Palm springs Fire Department. Therefore, there is no impact to the environment from high fire hazard issues. J. 3. Will the project result in possible interference with an emergency response plan or an emergency evacuation plan? No No. A review of the Palm Springs Disaster Preparedness Plan, by Department of Planning & Zoning staff, indicates that this project will in no way interfere with emergency plans. Thus, there will be little impact to the existing Palm Springs Disaster Preparedness Plan. K. HOUSING K. 1. Will the project iffect 'existing housing, create a demand for additional housing or result in the displacement of people from the existing site? No - No. Based on a site inspection by the Department of Planning .and Zoning, it has been determined that there are no occupants on the project site. Therefore, the project would not result in the potential for a significant environmental impact due to the displacement of people from the site. K.2 . Will the project provide low or moderate income housing? No No. This proposed project does not involve the development of low or moderate residential units. The project proposes a 17 single family residential lot subdivision catered to an /aof enhanced high end market. Thus, there will be no direct impact upon existing or planned low or moderate housing stock as a result of development of the project. L. POPULATION L. 1. If a residential project, how many new residents would the proposed development house? (single family detached and attached = 3. 3; apartments = 2.3 ; mobile home= 2 .0)_56 L. 2 . Will the proposed project alter the location, distribution, density, or growth rate of the human population of an area? No No. A review of the project by Department of Planning & Zoning staff determined that there will be no impact upon the location, distribution, density, or growth rate of the human population. M. - - SCHOOLS (Residential Only) M. 1. 'How many students in each of the following categories are expected? (Student generation factors provided by the Palm Springs Unified School District) . S.F. Apt. & M.H. Elementary 0.45 8 0.33 Junior High 0.22 _4_ 0. 15 High School 0.15 3 0. 13 - - According to the Palm Springs Unified School District, due to the low generation factors, the project should not impact existing schools. However, the Palm Springs Unified School District has indicated that the project shall participate in ---the ' collection of school fees in the amount of $1. 65 per square foot of accessible space to potentially mitigate the impact. M.2 . "'What are the capacities of applicable schools? (Based on the most recent monthly report by the Palm Springs Unified School District) Elementary 645 Junior High 1,002 Senior High 21198 See Response to L. 1. above. M.3 . What are the attendances at applicable schools? (Based upon the most recent monthly report by the Palm Springs Unified School District) Date of Count_October, 1993 Elementary 703 Junior High 1,280 Senior High 20158 See Response to M. 1. above. N. TRANSPORTATION AND CIRCULATION N. 1. Estimated Average daily vehicle trips generated by the project: (S.F. = 10; M.F. = 6; or from the Institute of Transportation Engineers, Trip Generation. ) 170 See Response to N.3 . below. N. 2 . Would the project result in traffic congestion? No No. The proposed subdivision would not create traffic congestion. Based on the review by the City Engineer, the subdivision will not create on-site ,or off-site traffic congestion. Therefore, there is no potential -for a significant effect on the environment due to , problems associated with traffic congestion. N.3 . Is parking inadequate for the proposed project? No No. Based upon review of the site plan the proposed project would meet all parking requirements as outlined in the Palm Springs Zoning Ordinance. Upon satisfying the parking requirements contained in the Zoning Ordinance, no potential for a significant impact on the environment would result from =`-' inadequate parking- on the site. N.4 . Would the project create or experience _ access problems as - designed? No No. The project would not experience access problems based upon the judgment of the Planning Department/Traffic Engineer. Therefore, there is no potential for a significant effect on the environment due to problems associated with access. N. 5. Does circulation within the ' development provide an un- acceptable level of safety required for the orderly flow of people and their vehicles? No No. Circulation within the project site will be adequate based upon the judgment of the Traffic Engineer and the Department of Planning and Zoning. Therefore, there is no potential for a significant effect on the environment due to circulation within the project site. IA4 $ Z N. 6. . Will the proposal result in alterations to water-borne, rail . _ or air traffic? No No. The project will not affect waterborne, rail, or air traffic. The project site is located in an urbanized area of the City, away from water or railways. In addition, the project is such that it would not interfere with air traffic. N.7 . Will the .proposal result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians? No No. Vehicular traffic on the surrounding streets will not change with the proposed project. Some short-term impacts may result from construction activities. Increased traffic levels and a higher incidence of traffic accidents are possible short-term impacts that may result from construction .-activities. 0. EMERGENCY SERVICES 0. 1. Roadway distance to nearest fire station: 4000 ft. This distance is well within the 5 minute response time established by the Palm Springs Fire Department. Therefore, fire response time would not constitute a potential for a significant effect on the environment. P. IiESTHETICS P. 1. Is a major ridgeline, which is visible from the valley floor, involved in the project? No No. The project site is on the valley floor east of the San Jacinto Mountain backdrop. No impacts will result. Since the project does contain slopes exceeding 10t, lots with slopes 10% or greater are subject to Section 9313 .00 of the Zoning :,_Ordinance regarding hillside development. The purpose of this section is to provide for the safe, orderly and aesthetically development of hillside areas. Architectural, site grading and landscape plan approval by the Planning Commission is required for all developments in hillside areas. Therefore, no potential for a significant effect on the environment due to involvement of a major ridgeline exists. P.2 . Will the proposal result in the creation of an aesthetically negative site open to public view or obstruction of any significant vista? No No. Lots 3 through 11 and 12 through 15 proposed along the northerly property line may reduce existing views when developemnt occurs on the site. Existing homes have enjoyed uninterrupted views and the open space provided by the subject property. Topographic conditions will not allow for maintenance of existing views when homes are constructed on the subject property. Since the project does contain slopes ---exceeding 10%. lots with slopes 10% or greater are subject to Section 9313.00 of the Zoning Ordinance regarding hillside development. The purpose of this section is. to provide for the safe, orderly and aesthetically pleasing development of hillside areas. Architectural, site grading and landscape plan approval by the Planning Commission is required for all developments in hillside areas. Architectural Approval will require careful review of all proposed residences, however, preservation of existing views cannot be assured in the future. Section 9313.00 and Section 9406.01, allow for building height up to 30' in hillside areas. Consideration may be given on restricting building height to reduce conflicts. This practice, at the subdivision stage, is difficult and may restrict creative residential designs. Thus the City's architectural approval process - should be implemented to guide future development. Based upon the City's long established architectural review process, future conflicts can be mitigated to a level acceptable within the community. Q. ARCHAEOLOGICAL/HISTORICAL Q. 1. Has a site inspection for historical and archaeological resources been performed? Yes If "yes", by M.C. Hall, Director and Principal Investigator, Archaeological Research Unit, University of California Riverside, CA 92521 Yes. The site was inspected for archaeological and historic significance. The archaeological study prepared for the subject site indicated that there are no archaeological sites, listed National Register of Historic Places properties, ...California Historic Landmarks, or recorded historic structures within the subject site. Therefore, the potential for .'destruction of such resources would not constitute a potential for a significant effect on the. environment. Q.2. Does the proposed project include any resources or archaeological or historical significance and would the proposal result in an impact on a significant archaeological or historical site, structure, object or building?—No— No. The archaeological study prepared for the subject site indicated that there are no archaeological sites, listed National Register of Historic Places properties, California Historic Landmarks, or recorded historic structures within the subject site. Therefore, the potential for destruction of such resources would not constitute a potential for a significant effect on the environment. /;t No. The project has been reviewed by the Public Works Department and other relevant agencies. The utilities required for the project are present in the site area and currently serve the site. Therefore, there is no potential for a significant effect on the environment due to impacts on utilities. T. -HUMAN HEALTH T.1. Will the proposal result in creation of any health hazard or potential health hazard (excluding mental health) ?—No— No. There are no significant health hazards that have been identified that would possibly affect the project or its residents. Section J of this assessment discusses the potential for Risk of Upset. T.2 . Will the project result in the exposure of people to potential health hazards? No No. This proposed residential subdivision will not subject the public to any known potential health hazard. Therefore, there is no known potential impact, by the project, on public health. U. SMANDATORY FINDINGS OF SIGNIFICANCE U. I. Does the project have the potential to degrade the quality of the environment or curtail the diversity in the environment? No No. This conclusion is based upon a review of responses to Questions A-R. Therefore, there is no potential for a significant effect on the environment. U.2 . Does the project have the potential to achieve short-term, to the disadvantage of the long-term, environmental goals? No No. This conclusion is based upon a review of responses to Questions A-R. Therefore, there is no potential for a significant effect on the environment. U.3 . - Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impact on the environment is significant. In addition, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects. ) —No— / ak #4 Q.3 . Will the proposal restrict existing religious or sacred uses within the potential impact area? No No. There are no known religious or sacred sites located on the project site as determined by the archaeological study prepared for this project by Archaeological Research Unit, University of California. Therefore, there is little potential that the proposed project will effect any religious or sacred sites. Q.4 . Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? No No. The project site presents no known historic or cultural significance to any groups or residents. No impact on ethnic cultural values are expected with the proposed improvements. R. PUBLIC CONTROVERSY R. 1. Is the proposed project or action environmentally controversial in nature, or can it reasonably be expected to become controversial upon disclosure to the public?—No— No. Based upon the judgment of the Department of Planning and Zoning, the proposed project is not known to be environmentally controversial, nor is it reasonably expected to become controversial upon disclosure to the public. ."Therefore, no potential for a significant effect on the environment due to public controversy would result. S. - UTILITIES/SERVICERS S. 1. Are existing utilities inadequate for or not available to service the proposed project? No Water Supply No Electrical Energy No Natural Gas No Wastewater No Fire No Police No Parks & Recreational Facilities No Other Government Services No / ;L r4 �L IX. -.-,.LIST BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R. Evans, Director of Planning & Zoning ,_ Frank Coyle, Planner II Robert Rockett, City Engineer X. DETERMINATION On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. .I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the a _ mitigation measures described in the Mitigated Negative 'Declaration.' -_ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project is consistent with the ` + -Program EIR on _February 2 , 1994_ DOUGLAS EVANS Directo of Planning & Zoning 1 ZL s'9 a. Traffic —No— b Water - No-C. Wastewater No d. Schools —No— e. Flooding No f. Other No No. Based upon a review of the project by the Planning and Zoning Department there are no significant impacts regarding traffic, water, wastewater, schools, flooding or other utility issues. Therefore, there is no significant impact upon the environment. U.4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No No. This conclusion is based upon a review of responses to Questions A-T. Therefore, there is no potential for a significant effect on the environment. VIII. References used in responding to this questionnaire include: P.S. Existing General Plan text, City of P.S. (March 3, 1993) P.S. General Plan, EIR and Technical Appendices, City of P.S. Planning Dept. (July 1992) Archaeological Study, M.C. Hall, Archaeological Research Unit, University of California RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP 27680, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE 10 ACRES INTO 17 SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT THE SOUTHWEST CORNER OF VISTA CHINO AND VIA MONTE VISTA, R-1-A ZONE, hSECTION 10. WHEREAS, The Palm Mountain Company, (the "Applicant") has filed an application with the City pursuant to Section 9402 . 00 of the Zoning Code and the Palm Springs Municipal Code Section 9 . 60 for a Tentative Tract Map to subdivide 10 acres into 17 single family residential lots at the southwest corner of Vista Chino and Via Monte Vista (the "Project") , R-1-A Zone, Section 10; and WHEREAS, the Applicant has filed Tentative Tract Map 27680 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the regftst for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 27680 was given in accordance with applicable law; and WHEREAS, on February 23, 1994, a public hearing on the application for Tentative Tract Map 27680 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412 . 3 , the Planning Commission has considered the effect of the proposed Subdivision, Tentative Tract Map 27680, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed Subdivision, Tentative Tract Map 27680, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") , and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Negative Declaration and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: The ' final Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed Project, and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The Planning Commission further finds that the Negative Declaration reflects its independent judgment. Section 2 : Pursuant to Government Code Section 66473 .5, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3 : Pursuant to Government Code Section 65567, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4 : Pursuant to Government Code Section 66474 , the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. /ZALD d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. The design of the subdivision or improvements is not likely to cause serious public health problems. g. The design of the subdivision or the 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. Section 5: Pursuant to Government Code Section 66474 . 6, the Planning Commission has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval of Tentative Tract Map 27680 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this day of , 1993 . AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Secretary, Planning Commission Chairman, Planning Commission J,2 i� RESOLUTION NO. EXHIBIT A Tentative Tract Map 27680 February 23, 1994 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, or the Fire Chief, or their designee, depending on which department recommended the condition. ENGINEERING: VIA MONTE VISTA 1. Dedicate a half street right-of-way of 30 feet along the entire frontage, together with 25 foot radius property line returns at the INTERSECTION OF VIA MONTE VISTA AND LOT B. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 3 . Construct a 6 inch curb and gutter, per City of Palm Springs Standard Drawing No. 200, 20 feet WEST of centerline along the entire frontage, with 35 foot radius curb returns at the INTERSECTION OF LOT B AND VIA MONTE VISTA. Meet and match existing curb and gutter at south property line. 4 . Construct an end of curb section at the north property line per City of Palm Springs Standard Drawing No. 203 . 5. Construct a 6 foot cross gutter with spandrels at the intersection of VIA MONTE VISTA and LOT B with a flow line parallel to the centerline of VIA MONTE VISTA in accordance with City of Palm Springs Standard Drawing Nos. 206 and 207 . 6. ' All driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 7 . Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct a 'ramp for the physically handicapped at the NORTHWEST AND SOUTHWEST corners at the INTERSECTION OF LOT B AND VIA MONTE VISTA in accordance with City of Palm Springs Standard Drawing No. 212. 1nLAL % 9 . Construct a minimum pavement section of 2 inch asphalt-rubber hot mix over 6 inch Class II aggregate base, OR equalent section of asphalt over the same base section, and a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to centerline along the entire frontage in accordance with City' of Palm Springs Standard Drawing No. 315 AND 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 10. Install post mounted reflector units at north property line across end of pavement per City of Palm Springs Standard Drawing No. 605. LOTS B AND C (STREETS) 11. The following gated entry requirements shall be met to provide adequate setbacks and turning movements for vehicles entering this project: A. Provide minimum curb cut of 60 feet. B. Provide minimum 50 foot setback to the access gate control mechanism. C. Provide a turnaround after the control mechanism for vehicles unable to enter the project. D. Provide a minimum curb to curb dimension of 40 feet. 12 . Construct a 6 inch curb and gutter, per City of Palm Springs Standard Drawing No. 200, 20 feet ON BOTH SIDES of centerline along the entire frontage, with a 25 foot radius curb return at the NORTHEAST AND NORTHWEST corners of the INTERSECTION OF LOT B AND LOT C and a 35 foot radius curb return at the NORTHWEST AND SOUTHWEST corners of the INTERSECTION OF VIA MONTE VISTA AND LOT B. 15 . Construct a 6 foot cross gutter with spandrels at the intersection of LOT B and LOT C with a flow line parallel to the centerline of LOT B in accordance with City of Palm Springs Standard Drawing Nos. 206 and 207 . 14 . All driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 15. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 16. Construct a ramp for the physically handicapped at the NORTHEAST AND NORTHWEST corners of the subject property in accordance with City of Palm Springs Standard Drawing No. 212 . 17. Construct a minimum pavement section of 2 inch asphalt-rubber hot mix over 4 inch Class II aggregate base, OR equalent AM 4� section of asphalt over the same base section, and a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to edge of proposed gutter along the entire frontages in accordance with City of Palm Springs Standard Drawing No. 110 and 305. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 18. The private streets shall be maintained by the homeowner's association and said maintenance shall be covered in the C. C. & R. 's for this tract. ON-BITE 19. All centerline radii shall be a minimum of 150 feet. 20. All on-site cul-de-sacs shall be constructed in accordance With City of Palm Springs Standard Drawing No. 101, curb portion only. 21. Connect all sanitary facilities to the City sewer system. A manhole shall be placed where the private system meets the public system. GENERAL 22. Developer shall construct an 8 inch sewer main across the entire Via Monte Vista frontage in accordance with the Master Plan of Sewers and connect to the existing sewer system at the intersection of Stevens Road and Via Monte Vista. 23 . Developer shall construct 8 inch sewer mains 5 feet from the centerline, where applicable, of Lots B and C and connect to the proposed manhole at the intersection of Via Monte Vista and Lot B. 24 . All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 25. All sewer mains constructed by the developer in the private streets shall be maintained by the homeowner's association and said maintenance shall be covered in the C. C. & R. 's for this tract. 26. Submit street and sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 27 . The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all lots created therefrom shall be submitted with the Final Map to the Engineering Division. 28 . The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review. Submittal shall be made prior to issuance of grading or building permits. 29 . Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for plan check. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916) -657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. Any utility cuts in the existing pavement made by this development shall receive trench replacement pavement to match existing pavement plus 1 additional inch. Pavement shall be restored to a smooth rideable surface. 32 . All existing and proposed utility lines on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of occupancy. 33 . Developer shall contact all utility purveyors to obtain written confirmation of service and submit a copy of all utility company will-serve letters to the City Engineer with first plan check. 34 . The developer shall demonstrate, to the satisfaction of the City Engineer, that this development can accept and convey to an approved drainage carrier, flood and/or nuisance waters from a 10-year storm that impinge upon this development. The development shall provide on-site storage (detention facility) to retain a minimum of 1, 000 cubic feet per each acre 'of drainage area. Predevelopment Q shall not be exceeded. The developer shall demonstrate, to the satisfaction of the City Engineer, that flood and/or nuisance waters leaving the ends of the street(s) will not cause any erosion, nuisance or damage downstream of the improvements proposed and/or required by this development. Additional improvements will be required off-site if any possibility of damage exists. 35. The natural drainage course through Lots 9, 10, 11 may be diverted away from building pads and shall not be obstructed in any way. This condition shall be incorporated into the CC&R's for this tract. 36. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9,212 .00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 37. In accordance with City of Palm Springs ordinances, Sections 8. 04 . 230 and 8 . 04.240, the developer shall post with the City a cash bond of two thousand dollars ($2,000. 00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 38 . Nothing shall be constructed or planted in the corner cut-off area of street intersection or driveway which does or will exceed three (3) feet in height in order to maintain an appropriate sight distance. 39. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 40. All tree wells 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 Engineering specifications. TRAFFIC 41. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk, or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the VIA MONTE VISTA AND LOT B frontages of the subject property. 42. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 43 . Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. /2r44 44 . A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: Southwest Corner of Via Monte Vista and Lot B Northwest Corner of Lot C and Lot B 45. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the Northwest corner of VIA MONTE VISTA and LOT B with the mast arm over VIA MONTE VISTA. The pole and luminaire shall be furnished by the developer. 46. 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 1991, or subsequent additions in force at the time of construction. 47 . This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. PLANNING: 48 . 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. 49 . 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 advisory agencies, or legislative body concerning Tentative Tract Map 27680. The City of Palm Springs will promptly notify the permittee of any such claim, action, or proceeding against the City of Palm Springs and will cooperate fully in the defense. If the City of Palm Springs fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. 50. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a filing fee of $1,250. 00 plus an administration fee of $78. 00 shall be submitted by the applicant in a form of a money order or a cashier's check in the amount of $1,328 . 00 payable to the Riverside County Clerk ion04 � � prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with Notice of Determination. Action on this application shall not be final until such fee is paid. 51. Prior to final map approval, the applicant shall submit a comprehensive set of codes, covenants, and restrictions ("CC&R's") to the Director of Planning and Zoning with the application fro Final Map for approval in a form approved by the City Attorney, to be recorded prior to the issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and conditions stated herein. CC&R's shall include project design guidelines, including but not limited to landscape requirements, slope restoration, building height standards, walls, building materials, multi- level homes conforming to existing topography. The applicant shall reimburse the City for all legal costs associated with City Attorney review and approval of project CC&R's 52 . That prior to issuance of a grading permit, a restoration program shall be submitted for approval by the Director of Planning and Zoning. This program shall include full vegetation and soil restoration of all areas disturbed during project grading and construction. The plan shall be prepared by a licensed Landscape Architect. Irrigation shall be provided during the initial restoration periods. 53 . That grading of individual lots shall be prohibited until such •time that building permits are issued for single family residences. 54 . That detailed entry gate plans shall be submitted pursuant to Section 9404 .00 of the Zoning ordinance. Plans shall be submitted to and approved by the Planning Commission prior to submission of the final map for approval. 55. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Director of Building and Safety. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 56. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 57 . This project shall be subject to the Public Arts Fee as required in section 9311. 00 of the Zoning Ordinance. Said fee is 1% of the total value of work as determined by the Department of Building and Safety and payable prior to issuance of building permits. should the fee be utilized to locate the public art on the project site, said location shall 58 . Drainage swales shall be provided adjacent to all curbs and sidewalks - 3 ' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24 .020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. POLICE DEPARTMENT: 59. Developer shall comply with Section II of Chapter 8 . 04 of the Palm Springs Municipal Code. FIRE: 60. The project shall provide four (4) H-1 residential fire hydrants meeting Desert Water Agency requirements. The project shall submit 8-1/2" x 11" site plan for locations prior to any building permit. 61. Construction sites or phasing sites of construction in excess of 5,000 sq. ft. shall be fenced. An on duty security guard is required when construction site exceeds 20, 000 sq. ft. 62 . The project shall provide garden hoses with adjustable nozzles to cover all construction sites. 63 . Fire hydrants shall be within 250' of all construction sites. 64. Smoke detectors shall be provided per the Uniform Building Code. 65. Additional requirements may be set forth as conditions warrant. BUILDING DEPARTMENT: 66. Prior to any construction on-site, all appropriate permits must be secured. � oax * CITY OF PALM SPRINGS PLANNING COMMISSION MEETING September 26, 2001 1:30 p.m. Jr� Council Chambers, City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 FY 00-01 ROLL CALL Present Present Excused Absences This Meeting To Date To Date Philip Klatchko, Chr. X 5 1 Jeffrey Jurasky, V.Chr. X 5 1 Ralph Raya X 5 1 Jon Shoenberger X 5 1 Stephen Payne X 4 2 Jon Caffery X 6 0 Mark Matthews` X 6 0 *Arrived at 2:00 p.m. STAFF PRESENT Douglas R. Evans, Director of Planning & Building Dave Barakian, City Engineer Hope Sullivan, Planning Manager Alex Meyerhoff, Principal Planner Michele Boyd, Administrative Coordinator Chairman Klatchko called the meeting to order at 1:36 p.m. The September 26, 2001 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Building counter by 4:00 p.m., Friday, September 21, 2001. APPROVAL OF MINUTES: M/S/C (Caffery/Jurasky 4-0, 2 abstain, 1 absent) to approve the minutes of August 22, 2001 as presented. I VL r4 la Page 9 of 11 Planning Commission Minutes (�1 September 26, 2001 TTM 27680—Application by the Palm Mountain Company for a Tentative Tract Map to subdivide 7.2 acres into nine residential lots and one remainder lot on property located southwest of the intersection of Via Monte Vista and Vista Chino, Zone R-1-A, Section 14. /;I �l Page 10 of 11 Planning Commission Minutes September 26, 2001 Alex Meyerhoff, Principal Planner, reported that map application is nearly identical to an expired map previously approved by the Planning Commission and City Council in 1994. He reported that the number of lots has been reduced since that approval (from 17 to nine) in order to minimize impacts to adjacent properties. He stated that the subject property is located in a hillside area and that proposed pad elevations range from 623 feet to 664 feet. He reviewed the adjacent lots' pad elevations for the Planning Commission. Chairman Klatchko opened the Public Hearing at 5:20 p.m. Mr. John Sanborn, Sanborn A&E, addressed the Planning Commission to state that the "remainder lot" referred to in the staff report was sold to a Rose Avenue resident and no longer in included in the map. Regarding Planning Condition No.19, he asked if it could be amended to allow as many as four lots to be graded prior to building permits being issued for pads in order to market the property. Regarding Planning Condition No.28 and Engineering Condition No.35, he asked that the developer be allowed to enter into a covenant to participate in an undergrounding assessment district. Regarding Planning Condition No.29, he reported that the lot line adjustment had been completed 2 '/z years prior, making it a non-issue. Regarding Engineering Condition No.2, he asked that the developer be allowed to work with the City Engineer, as an easement over Rose Road exists. He asked that Engineering Condition Nos. 8 and 9 requiring the construction of sidewalks and curb ramps as there is existing sidewalk on Via Monte Vista—that the developer would prefer to landscape or otherwise beautify the area. Mr. Ralph Hitchcock, Hitchcock &Associates, addressed the Planning Commission to state that Engineering Condition No.38 addressed the ability to enter into a covenant forthe undergrounding of utilities which is in conflict with Planning Condition Nos. 28 and 29. Mr. Fred Grand, applicant, addressed the Planning Commission to state that the map expired because other projects were delayed and those delays impacted the development of the subject map. He stated that, in 1994, each of the adjacent property owners were consulted and no one spoke in opposition and, at that time, the map was for 17 lots. He noted that there were no opponents at today's public hearing either. There being no further appearances, the Public Hearing was closed at 5:35. City Engineer confirmed that Mr. Sanborn's request for a covenant for undergrounding would be consistent with the City Ordinance. He stated that the requirement for a sidewalk (Engineering Conditions 8 and 9) are not necessary as there is already a sidewalk on the subject road to help prevent pedestrians from walking in the street. Commissioner Raya called Mr. Sanborn to the podium. In answer to Commissioner Raya's questions, Mr. Sanborn stated that grading four lots prior to building permits is in to establish lots(with roads and improvements in place)which can be shown for marketing purposes. He stated that only four are proposed to be graded and that no pads will be built in order to provide options otherthan flat pads for design-conscience prospective builders. 114 7%xo a Page 11 of 12 Planning Commission Minutes September 26, 2001 �G� u Planning Manager confirmed that the environmental documents from 1994 do not prevent the grading of lots provided the quantity of earth moved during that grading is within the parameters of that assessment. M/S/C (Caffery/Shoenberger 7-0) to approve subject to Conditions of Approval in Staff Report; and a. Condition No.19. will be changed to read, 'That grading of individual lots shall be prohibited until such time that grading permits are issued for single family lots within the parameters of the 1994 Environmental Assessment;" and b. Deleting Engineering Conditions of Approval 8 & 9 (removing requirement to construct sidewalk). C. Deleting Planning Conditions 28 & 29 regarding undergrounding of utilities. 1� � 73 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 before the City Council of the City of Palm Springs, in conjunction with Tentative Tract Map 29680, southwest corner of the intersection of Via Monte Vista and Vista Chino, applicant, Palm Mountain Co., was mailed to each and every person on the attached list on the 5th day of October, 2001. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 5`h day of October, 2001. -r 0,- PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Tentative Tract Map 29680 Southwest corner of the intersection of Via Monte Vista and Vista Chino, Zone R-1-A, Section 10. Applicant: Palm Mountain Co. 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 17, 2001, The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application by the Palm Mountain Company to obtain the approval of a tentative tract map to subdivide 7.2 acres into nine (9) single family residential lots. An Environmental Assessment/Initial Study was prepared for this project. Pursuant to Section 21092.6 (a) of the Public Resources Code, the California Environmental Quality Act Guidelines (CEQA), a Negative Declaration of Environmental Impact for the subject project was filed by the Planning Commission on December 14, 2001 as part of an earlier approval of this project. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Building, 760/323-8245. Patricia A. Sanders City Clerk Mailing: October 1, 2001, Fax to Desert Sun: October 1, 2001 Printed in Desert Sun October 5, 2001 VICINTY MAP N.T.S. TRACT LOCATION AIJUE D VISTA, CMNO DRIVE ROAD �s 0 CITY OF PALM SPRINGS CASE NO. Tentative Tract Map29680 DESCRIPTION APPLICANT Subdivide 7.2 acres into 9 single family residential lots and one remainder parcel. Palm Mountain Co. Zone: R-1-A, Section:14. ! Sanborn A/E, Inc 1227 S . GEne Auty Trl . Suite C Palm Springs, CA 92264 Sanborn A/E, Inc Sanborn A/E, Inc. Sanborn A/E, Inc. 1227 South Gene Autry Trl. 1227 South Gene Autry Trl. 1227 South Gene Autry Trl Suite C Suite C Suite C Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 Preserve Golf Preserve Golf Preserve Golf 11839 Sorrento Valley Rd. 11839 Sorrento Valley Rd. 11839 Sorrento Valley Rd. San Diego, CA 92121 San Diego, CA 92121 San Diego,CA 92121 ATTN: Fred Grand ATTN: Fred Grand ATTN: Fred Grand dG Gem Preserve Golf 11839 Sorrento Valley Rd. San Diego, Ca 92121 ATTN: Fred Grand Y I-oJ r Tee w �G1� Cs `�3a> 504-212-002 504-212-008 505-151-029 Patricia N Ott Gladys N Krenek Sitikantha & Shakti Mahapatra PO Box 2126 PO Box 2085 PO Box 2407 Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92263 504-212-005 504-291-011 505-052-008 Lola N Sacks Michael N Pennell Michael E & Maureen Fife 777 Chino Cyn 1775 E Palm Canyon Dr H134 69930 Highway 111 308 Palm Springs, CA 92264 Palm Springs, CA 92264 Rancho Mirage, CA 92270 504-212-009 504-213-002 504-213-004 Thomas P Reeder Edward J Domanskis Edward J Domanskis PO Box 1296 1441 Avocado Ave 307 1441 Avocado Ave 307 Newport Beach, CA 92659 Newport Beach, CA 92660 Newport Beach, CA 92660 505-030-001 505-044-017 504-213-007 Edward J Domanskis Edward J Domanskis Robert C Gould 1441 Avocado Ave 307 1441 Avocado Ave 307 PO Box 6354 Newport Beach, CA 92660 Newport Beach, CA 92660 Portland, OR 97228 504-211-001 504-211-007 504-201-033 Patrick J & Darle Maveety Long Andrew Z Linsky PO Box 56 14650 1St Ave S 6601 E Mill Plain Blvd Gleneden Beach, OR 97388 Seattle, WA 98168 Vancouver, WA 98661 *** 75 Printed *** 505-052-015 505-052-016 505-151-026 Leo S & Cyma Cohen John E & Farnaz Phillips Allan & Evelyn Sass 601 W Stevens Rd 695 W Stevens Rd 538 W Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-151-027 505-151-028 505-171-001 Larry M Berkowitz Bhaskararao & Padmavathi Nale Kenneth E & Gretchen Haggstrc 580 W Stevens Rd 594 W Stevens Rd 591 W Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-171-008 504-291-012 504-202-009 Daniel B & Sari Schachtel Wilfred K & Joanne Futerer Paul Bruggemans 550 Camino Norte 655 N Palm Canyon Dr 385 W Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-030-010 504-201-024 504-201-026 Palm Mountain Co William J Grimm Irving & Marilyn Hirshleifer 155 S Belardo Rd 1011 W Cielo Dr 877 W Panorama Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-202-005 504-202-010 504-211-009 Jacqueline Kendig - Richard L Simon Sharon Dean 933 W Chino Canyon Rd 1860 N Vista Dr 1843 N Leonard Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-212-004 504-212-006 504-212-007 Miles E & Susan Barrett Jerry D Korte Giuseppe G Aliano 1725 N Tuscan Rd 669 W Chino Canyon Rd 633 W Chino Canyon Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-212-010 504-212-011 504-213-005 Marshall & Helen Bedder Dana K Valmy James D Neff 1700 N Tuscan Rd 700 W Panorama Rd 777 W Panorama Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-213-006 504-213-008 504-292-001 Ahmet E Oygar Harvey & Lori Sarner John F Macon 711 W Panorama Rd 701 W Panorama Rd 595 W Chino Canyon Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-292-002 504-292-014 505-030-004 Donald W & Julie Jones James J Gaudineer Harvey & Lori Sarner 511 W Chino Canyon Rd 600 W Panorama Rd 701 W Panorama Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-151-023 504-212-003 504-211-002 Madhusudhan T Gupta Morris J Diehl Harry A & Beverly Danielson 555 W Vista Chino PO Box 1587 PC Box 1806 Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92263 504-211-004 504-211-008 505-051-007 Harry & Beverly Danielson Weona E Armstrong Cfi Partnership No 2 4226 Central St 1107 Voltz Rd 300 N Elizabeth St 6N Gulfport, MS 39501 Northbrook, IL 60062 Chicago, IL 60607 505-052-014 505-044-015 504-213-001 Edward J Marteka Jerry Ganz Phillip G Lumpkin 1550 N Lake Shore Dr 12C 175 E Delaware P1 9109 4608 N Virginia Ave Chicago, IL 60610 Chicago, IL 60611 Chicago, IL 60625 505-041-008 504-201-008 504-202-007 Arnold Stevens Martha E Scott Kay S Onderdonk 3500 Lakeside Ct 200 45O N Rossmore Ave 12839 Marlboro St Reno, NV 89509 Los Angeles, CA 90004 Los Angeles, CA 90049 504-202-008 504-291-010 505-171-009 Kay S Onderdonk Anthony F & Patricia Fantozz: Robert & Marilynne Stander 12839 Marlboro St 79 Malibu Colony Rd 11 Saddleback Rd Los Angeles, CA 90049 Malibu, CA 90265 Rolling Hills, CA 90274 504-212-001 505-030-012 504-202-006 Lola N Sacks Arnold Stevens First 23901 Calabasas Rd 2001 3333 N San Fernando Blvd 393 W Foothill Blvd F12 Calabasas, CA 91302 Burbank, CA 91504 Claremont, CA 91711 504-211-003 504-292-015 504-292-018 Royal Oak Kings Hideaway Inc Security Brent R Harris 1670 Bradshawe Ave 925 B St F15 925 B St F15 Monterey Park, CA 91754 San Diego, CA 92101 San Diego, CA 92101 504-292-016 504-292-017 504-201-025 Security Security Thomas T Anderson PO Box 121589 PO Box 121589 49926 Oasis St San Diego, CA 92112 San Diego, CA 92112 Indio, CA 92201 505-030-006 505-044-016 505-051-006 Roy & Ethel Fey Edith A Toor Edward J Marteka 855 W Coronado Ave 1000 W Coronado Ave 690 W Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-051-008 505-051-009 505-051-010 Harold M Vessey Marianne I & Carl Kaplan Harold M Vessey 650 W Stevens Rd 600 W Stevens Rd 650 W Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-051-017 505-052-006 505-052-011 Melvyn & Stephanie Haber David Gura John C Otto 700 W Stevens Rd 1455 N Via Monte Vista 707 W Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 r / q , u -20 66 W 3 1 I 986s l -J Uo S� '�i) e I1 O cc,�IlAryj� ✓ a�0 tp 0'6 llq i S n J f I Kp 1/ I��r � 'r •,���I 5 505-051-010 Harold M Vessey - 650 W Stevens Rd ,•'� Palm S 504- ``<y prings, 202-005g• --- CA 92262 — 1ao4ueline A�9,2,2,62, ------ __ ---- pa 3 W chino n lm springs - C KU RWaop 4 " :'n�iD�'%��., \• PAIJ. 1SC1q LTHE4 Try rp StNDu'Xor - — RiNc: '14XNa xt - - a r - fff l r1 I 505-052-014 Edward J Marteka -:� 1550 N Lake Shore �� � - Chicago, 1L 60610 Dr 12C t Q,. Pr a�i h PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) I d r" f 7� STATE OF CALIFORNIA County of Riverside No 9496 - - - CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CITY COUNCIL Tentative Tract Map 29680 Southwest corner of the intersection of Via Monte Vista and Vista Chino I am a citizen of the United States and a resident of Zone R-1-A, Section 10 the County aforesaid; I am over the age of eighteen Applicant: Palm Mountain Co. years,and not a Party to or interested in the NOTICE IS HEREBY GIVEN that the City CounCll of the City of Palm Springs, California, will hold a above-entitled matter.I am the Principal clerk of a pabbe hearing at its meeting of October 17,2001 tinter of the,DESERT SUN PUBLISHING The City Council meeting begins at 7 00 p.m in P the City Council Chambei at City Flail, 3200 E COMPANY a newspaper of general circulation, Tahcrua Canyon way, Palm Springs, California. printed and published in the city of Palm Springs, The purpose of the healing Is t'o consider an ahI- pllcatlon by the Palm Mountain Company to ab- County of Riverside,and which newspaper has been tain the approval,of a tentative tract map to sub- adjudged a newspaper of eneral circulation b the divide 72 acres into nine(9)single family iosiden- J gg y tial lots. Superior Court of the County of Riverside,State of ••• •••••••—,�• -�'•_ , California under the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular w .nox and entire issue of said newspaper and not in anyw - supplement thereof on the following dates,to wit: October Sth _ -------------------------------------------------------------- -------------------------------------------------------------- u rr or orw, snawcs r ra s-�, All in the year 2001 '--sK-------`' -- An Environmental Assessmenvonnal-Study was prepared for this proIect Pursuant to Section I certify(or declare)under penalty of perjury that the 21692 6 (a) of the I i e nesournes Code, ,he Callfornia Environmental Quality Act Guidelines foregoing is true and correct. (CEQA), a Negative Declaration of Environmental npact for the subject project was filed by the 5th Pl conrg Commission on December 14, 20 1 as Dated at Palm Springs,California this-------------day part of an earlier approval of this project October If any individual or group challenges the action in court, issues raised may be limited to only those of---------------------------------------2001 ssues raised at the public hearrgs described in this notice of in wrlHen correspondence at or pri- or to the City Council meeting Je-4y,(-, ^/�� Notice of Public Heanhg is being sent to all prop- 6 61 eK>>=i/� any owners within four hundred (400) feet of the ______________ subject property. An opportunity will be given at na SI ture said hearings for all interested persons to be g heard Questions regarding this case may be di- rected to Alex Meyerhoff, Principal Planner, De- partment of Planning & Building, 760/323-8245. Patncia A. Sanders City Clerk PUB: October 5, 200I 1 pqA PROOF OF PUBLICATION This is space for County Clerk's Piling Slarhp (2015.5.C.C.P) STATE OF CALIFORNIA Comity of Riverside No.9326 CITY OF PALM SPRINGS NOTICE OF PLANNING ANNIN GCOMMISSION JAPARITentative Tract MOP 29680 Palm Mountain Co. South west of the intersection I am a citizen of the United States and a resident Of of Via Monte Vista and Vista Como the County aforesaid;I am over the age of eighteen NOTICE IS HEREBY GIVEN that the P Crillfc lanninrg- Cammission of the City of palm Springs, years,and not a pally to Or interested in the ma, will hold a ppublic hearing at its meeting of Se tember 2e,2001 The Planning Commission above-entitled matter.I am the principal clerk of a n ho begins at 1:30 p m. (pubic hearings City be- printer of the,DESERT SUN PUBLISHING g a at 32,0 p.m.)m the ouCa you wry,at palm all, 3O0 P ptie tz Canyon Wa Palm COMPANY a newspaper of general circulation, Springs. p printed and published in the city of Palm Springs, ThoaPo Pos me Pat, Mountainoc mVp�'ny to ob- Connty of Riverside,and which newspaper has been am the appproval of a Tentative Tract yap'd sub- dmide 7 2 acres Into 9 single family resdenHal adjudged a newspaper of general circulation by the lots and one remainder parcel. The property IS Superior Court of the County of Riverside,State of zone P-1 A and M located In Section 14. California under the date of March 24, 1988.Case �tiw,r aM Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published fn each regular .and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 77 September I4th - i ^_,•v ar Ptr+n snninGS All In the yem 2001 An Environmental Assessment/Initial Study was ion I certifyor declare under penalty of perjury that the graveled for the pro eat, Pursuant to Code the ( p y P 1 1092.8 a of the Pudic Resources Cade, the foregoing is true and correct. Calrfoma)Environmental Ouality Act (CEQA), a g g Negative Declaration of Environmental Ilmpaot for 14th the sobject proleot was filed W the Planning Commission on December 14,19 4 as part of an Dated at Palm Springs,California this--------------day earlier approval of this protect September If any individual or group challenges the action in -- -- - - - - �^ court, issues raised may he limited to only those of----- -- -- 2001 issues rased at the public hearing described in f this notice or in written tortes ondencehopin at, n pon- 1 or to, the ill be given Commission hearing P- \J6 p p�a p,red p will be given e said hearing for g lrnar- C�1.1.Y ested persons to be heard Questions regarding -----------------------------------^------------------ --^---^ this case may be directed to Alex Meyerhoff,Oe- padment of Planning R Building, (760)323-8245. Signature Of property oce wners lic within within four hundred (400)tfeet of the subject property. PLANNING COMMISSION /s/Douglas R. Evans { Directed of Planning & Building PUB: September 14_2001 ___ RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING OF TENTATIVE TRACT MAP 27680, SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT A, TO SUBDIVIDE 7.2 ACRES INTO NINE SINGLE FAMILY RESIDENTIAL LOTS, LOCATED AT THE SOUTHWEST CORNER OF VISTA CHINO AND VIA MONTE VISTA, R-I-A ZONE, SECTION 10, WHEREAS, The Palm Mountain Company, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 7.2 acres into 9 single family residential lots, at the southwest corner of Vista Chino and Via Monte Vista (the "Project"), R-I-A Zone, Section 10; and WHEREAS, the Applicant has filed Tentative Tract Map 27680 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 27680 was given in accordance with applicable law; and WHEREAS,the proposed Subdivision,Tentative Tract Map 27680, is considered a"project" pursuant to the terms of the California Environmental Quality Act("CEQA"), and a Negative Declaration has been prepared for this project, has been distributed for public review and comment in accordance with CEQA and was approved by the City Council in 1994; and WHEREAS, on September 26,2001, a public hearing on the application for Tentative Tract Map 27680 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Negative Declaration and all written and oral testimony presented; and WHEREAS, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the conditions of approval; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 27680 was given in accordance with applicable law; and WHEREAS, on October 17,2001, a public hearing on the application for Tentative Tract Map 27680 was held by the City Council in accordance with applicable law; and !a & WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map 27680, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources;the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study,the proposed Negative Declaration and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The final Negative Declaration was completed in compliance with CEQA,the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The City Council finds that it has previously and independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed Project, and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The City Council further finds that the existing Negative Declaration reflects its independent judgment. Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3: Pursuant to Government Code Section 65567, the Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The remainder lot will be merged into an existing parcel through the lot line adjustment procedure. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. The design of the subdivision or improvements is not likely to cause serious public health problems. Drainage proposed under this plan does not vary from the earlier map approval in 1993. g, The design of the subdivision or the 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. h. Pursuant to Fish&Game Code Section 711.4,this project has a de minimus impact on fish and wildlife, i. A nexus and rough proportionality have been established for the requirement of the dedication of the additional right- of-way to the City and the off-site improvements as related to this tentative tract map application. j. This right-of-way dedications and off-site improvements related to this tentative tract map application are required to comply with the City of Palm Springs General Plan designations for Via Monte Vista. Section 5: Pursuant to Government Code Section 66474.6, the City Council determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and Ixn NOW, THEREFORE, BE IT RESOLVED that, the City Council approves Tentative Tract Map 27680 subject to those conditions set forth in the in Exhibit A on file in the City Clerks office, which are to be satisfied prior to the issuance of a Building Permit unless other specified. ADOPTED this 171h day of October, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND APPROVED AS TO FORM r�.� y RESOLUTION NO. EXHIBIT A Tentative Tract Map 27680 - Southwest corner of Vista Chino/Via Monte Vista October 17, 2001 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, or 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, ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. The street, storm drain, and sewer plans have been submitted, reviewed and approved by the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall enter into an easement agreement for right of ingress and egress over the private streets, Coronado Avenue and Rose Avenue, for Lots 4 and 5 on Tract Map 27680 prior to approval of the Final Map. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. VIA MONTE VISTA 4. Dedicate a full half street right-of-way of 30 feet along the entire frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 5. Construct a 6 inch curb and gutter, 20 feet WEST of centerline along the entire frontage, with 35 foot radius curb returns at the INTERSECTION OF LOT B AND VIA MONTE VISTA per City of Palm Springs Standard Drawing No. 200. Meet and match existing curb and gutter at south property line. 6. Construct an end of curb section at the north property line per City of Palm Springs Standard Drawing No. 200. 7. Construct a 6 foot wide cross gutter and spandrel at the intersection of VIA MONTE VISTA and LOT B with a flow line parallel to the centerline of VIA MONTE VISTA in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Eliminated. 9. Eliminated. 10. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 11. Install post mounted reflector units at north property line across end of pavement per City of Palm Springs Standard Drawing No. 605. LOT B (Private Street) 12A. IF a gated entry will be constructed on Lot B,the following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 60 feet B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 14 feet clear width in each direction. E. Provide a minimum back of curb to back of curb dimension of 37 feet. 12B. IF a gated entry will not be constructed on Lot B, the Developer shall provide and install a traffic sign meeting the City Engineer's approval indicating Lot B is a "Private Street". 12C. The median within Lot B shall be relocated outside of public right-of-way. i ;. 4L 13, Construct a 6 inch curb and gutter, 18 feet on both sides of centerline of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHWEST AND SOUTHWEST corners of the INTERSECTION OF VIA MONTE VISTA AND LOT B per City of Palm Springs Standard Drawing No. 200. 14. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 10 feet. 15. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. The hammerhead off of Coronado Avenue shall be shown on the street improvement plan for review and approval by the City Engineer. 16. Construct a minimum pavement section of 2-1/2 asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 17. The private street shall be maintained by the homeowner's association and said maintenance shall be covered in the C C & R's for this tract. SANITARY SEWER 18. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants,reimbursement agreements,etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 19. Developer shall construct an 8 inch sewer main across the entire Via Monte Vista frontage in accordance with the Master Plan of Sewers and connect to the existing sewer system at the intersection of Stevens Road and Via Monte Vista. 20. Developer shall construct an 8 inch sewer main 5 feet from centerline, where applicable, in Lot B and connect to the proposed manhole at the intersection of Via Monte Vista and Lot B. 21. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 22. All sewer mains constructed by the developer in the private street shall be maintained by the homeowner's association and said maintenance shall be covered in the C C & R's for this tract. /2L GRADING 23. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 24. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No. 916 657-0687)to the City Engineer prior to issuance of the grading permit. 25. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 26. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 27. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 28. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 29, Contactthe Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 30. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 31. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 32. Off-site drainage from the north and Coronado Avenue, shall be routed via the storm drain line in the storm drain easement to Lot B. 33. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212,00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 34. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 36. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 37. All existing utility lines along Via Monte Vista and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s)that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 106%0 1 38. The overhead poles along the south property line of the tract also being the common property line with single family residences fronting on Stevens Road West shall be deferred to a utility undergrounding covenant. The owner shall enter into a covenant agreeing to underground the existing overhead facilities on/or adjacent to the south property line that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 39. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 40. The developer shall take every precaution needed to"Protect-in-Place"any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 41. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 42. 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 Engineering specifications. MAP 43. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 44. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 45. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the VIA MONTE VISTA AND LOT B frontages of the subject property. 46. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 47. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: SW Cor. of Via Monte Vista @ Lot B /� 6com 48. The developer shall provide entry lighting at the project entry. The lighting equipment shall be furnished by the developer and shall be reviewed and approved by the City Engineer and the Director of Planning and Building prior to installation. 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 based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE: 2. Construction Requirements: Construction shall be in accordance with the 1998 California Fire Code, 1997 Uniform Building Code, City of Palm Springs Fire Protection Master Plan Vol. Il, Desert Water Agency, NFPA standards plus UL anc CSFM listings and approval. 3. Fire Apparatus Access: Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9. 4. Turning Radius of Fire Apparatus: The outside turning radius of a fire apparatus access road shall be 43' from the centerline. Inside turning radius shall be 30'. 5. Fencing Required: Construction site fencing required. Fire apparatus access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 6. Site Protection: Provide a water hose or hoses equipped with adjustable spray nozzles for construction site fire protection that covers all area of combustible construction. 7. Gate Locking Devices: Subdivision entry gate at Camino Monte Vista shall be equipped with a KNOX key switch per the 1998 California Fire Code. 8. Water Supplies and Fire Hydrants: All water supplies and fire hydrants shall be installed in accordance with the 1998 California Fire Code, Article 9,Appendix III-B and Desert Water Agency specifications. 9. Water System and Fire Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes, or combination thereof, located as directed by this as authority having jurisdiction, but not later than the time when combustible materials are delivered to the construction site. 10. Mandatory Fire Sprinklers: Automatic fire sprinklers with 24 our monitoring is required in accordance with City of Palms Springs Fire Protection Master Plan Vol. II. Installation shall be in accordance with NFPA 13 D (modified). 11. Submittal: Fire sprinkler plans shall be approved priorto the installation of any pipe. C-16 Fire Sprinkler Contractor shall submits plans directly to this office. 12. Smoke Detector Requirements: Residential smoke detectors shall be installed to protect all sleeping areas per 1998 California Building Code. 13. Further Comments: As conditions warrant. BUILDING DEPARTMENT: 14. Prior to any construction on-site, all appropriate permits must be secured. PLANNING: 15. 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, 16. 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 advisory agencies, or legislative body concerning Tentative Tract Map 27680. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and will cooperate fully in the defense. 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. 17. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711,4 of the Fish and Game Code; therefore a filing fee of $1,250.00 plus an administration fee of-$78.00 shall be submitted by the applicant in a form of a money order or a cashier's check in the amount of$1,328.00 payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with Notice of Determination. 18. That prior to issuance of a grading permit, a restoration program shall be submitted for approval by the Director of Planning and Building, This program shall include full vegetation and soil restoration of all areas disturbed during project grading and construction. The plan shall be prepared by a licensed Landscape Architect. Irrigation shall be provided during the initial restoration periods. 19. That grading of individual lots shall be prohibited until such time that building permits are issued for single family residences and provided documentation demonstrating the grading is within the scope of the environmental assessment completed in 1994 is provided. 20. Prior to final map approval, the applicant shall submit a comprehensive set of codes, covenants, and restrictions ("CC&R's") to the Director of Planning and Building with the application for Final Map for approval in a form approved by the City Attorney, to be recorded prior to the issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and conditions stated herein. CC&R's shall include project design guidelines, including but not limited to landscape requirements,slope restoration, building height standards, walls, building materials, multi- level homes conforming to existing topography. The applicant shall reimburse the City for all legal costs associated with City Attorney review and approval of project CC&R's. 21. That detailed entry gate plans if proposed shall be submitted pursuant to Section 9404.00 of the Zoning ordinance. Plans shall be submitted to and approved by the Director of Planning & Building and City Engineer prior to submission of the final map for approval, 22. Priorto 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, 23. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 24. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of a fee. The provision of art or the fee shall be based upon the total value of work of 1/2% (commercial) or 1/4% (residential with first$100,000 of total valuation for individual single-family units exempt). Should the fee be utilized to locate the public art on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission. 25. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters, 26. A maximum roof elevation of 678 feet shall be recorded on the deed of Lot 4. 27. A maximum roof elevation of 682 feet shall be recorded on the deed of lot 5. 28. Eliminated. 29. Eliminated. /� � l3