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HomeMy WebLinkAbout7/25/2007 - STAFF REPORTS - 1.A. 4pALMs Z c c"0" 9<1F0 RN`P. City_Council Staff Report DATE: July 25, 2007 PUBLIC HEARING SUBJECT: CASE NO. TPM 35507 — D.R. WEST, LLC REQUESTING APRPOVAL FOR TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE APPROXIMATELY 6.54 ACRES INTO THREE PARCELS FOR THE PROPOSED GENE AUTRY PLAZA LOCATED ON THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposal to subdivide a previously approved Gene Autry Plaza shopping center site that includes two major retail stores, two building pads, parking, and landscaping into three separate parcels. The property is an approximately 6.54-acre parcel located along the southeast corner of Gene Autry Trail and Ramon Road. RECOMMENDATION 1. Open the public hearing and receive public testimony; and 2. Approve Resolution No. _, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE APPROXIMATELY 6.54 ACRES INTO THREE PACELS FOR THE PROPOSED GENE AUTRY PLAZA LOCATED ON THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE W-M 1, SECTION 20." PRIOR ACTIONS On June 13, 2007, the Planning Commission voted 6-0-1 (Ringlein absent) to recommend approval of the Tentative Parcel Map to the City Council. ITEM NO. l City Council Staff Report July 25, 2007-- Page 2 Gene Autry Plaza—TPM 35507 ANALYSIS The proposed Tentative Parcel Map is required to reconfigure the shopping center site for financing purposes only. The subdivision for financing purposes is not needed for construction of the shopping center. Further, staff considered the subdivision when analyzing the proposed shopping center with the M-1 development standards and concluded that the center meets all the requirements. The subject property is an approximately 6.54-acre, relatively flat, vacant parcel adjacent to existing commercial uses. The proposed parcels will range from approximately 1.54 acres to 3.37 acres in size. A more detailed analysis can be seen in the attached Planning Commission staff report dated June 13, 2007. Findings in support of approving the proposed subdivision are included in the attached draft resolution of approval. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act, an Initial Study was conducted for the proposed project. That study concluded that with the incorporation of proposed mitigation measures, any potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and that a Mitigated Negative Declaration can be adopted for the project. The mitigation measures are included in the conditions of approval attached as Exhibit A to the draft resolution of approval. FISCAL IMPACT: No fiscal impact. 4-rai . win , ANCP Thomas Wilsoq�Assis4fa`rst City Manager PI 'hg Services Development services David H. Ready, City Ma Attachments 1. Vicinity Map 2. Draft Resolution / Conditions of Approval 3. Reduced copy of TPM 35507 4. Planning Commission Minutes dated June13, 2007 5. Planning Commission Staff Report dated June 13, 2007 6. Copy of Initial Study BOBO 2 . Ms"• Department of Planning Services w N E '. Vicinity Map RAMON RO a r F a a W W ['1 Legend "' Y ® Site Q 409 Radius CITY OF PALM SPRINGS CASE NO: TPM 35507 DESCRIPTION: To consider an application by D.R. West, LLC to subdivide approximately APPLICANT: D.R. West, LLC 6.54 acres into three parcels for commercial and retail use. The subject site is located at the southeast corner of Gene Autry Trail and Ramon Road, zoned W-M-1, Section 20. APN: 680-170-044. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE. MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 35507 FOR THE CREATION OF THREE PARCELS, LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL. AND RAMON ROAD, ZONE W-M-1, SECTION 20. WHEREAS, D.R. West, LLC, "Applicant", has filed applications with the City pursuant to Section 9.62 of the Municipal Code a Tentative Parcel Map (Case No. TPM 35507) to subdivide approximately 6.54 acres on the southeast corner of Gene Autry Trail and Ramon Road, APN 680-170-044; and WHEREAS, on June 13, 2007, the Planning Commission reviewed the proposed project and voted to recommend approval of the subdivision to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider TPM 35507 was given in accordance with applicable law; and WHEREAS, on July 25, 2007 a meeting was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The City Council has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications and mitigation measures incorporated into the Mitigated Negative Declaration (MND), will reduce impacts to less than significant levels. Section 2: Pursuant to Section 66474 of the Subdivision Map Act, the City Council finds: a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. C�10 � Resolution No. Page 2 The proposed Tentative Parcel Map is consistent with the goals and objective of the General Plan designation of IND (Industrial) which governs the subject property as well as all properties adjacent to the subject site. The applicant is proposing 3 commercial parcels on an approximately 6.54-acre parcel; this proposal is within the required lot sizes of commercial shopping center uses. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project is consistent with the zoning designation of M-1, which allows the development of commercial/retail uses on each parcel at the proposed location. The proposed subdivision and the provision for its design and improvements comply with the applicable development standards for streets and parcel design. c. The site is physically suited for this type of development The project site is relatively flat and each parcel contains adequate developable building area. There are no known bodies of water, ravines, or significant topographic features on the subject property. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. The Environmental Assessment prepared for the site determined that with the implementation of proposed mitigation measures, any environmental impacts affecting traffic, aesthetics, animals or plants will be mitigated to a level of less than significant. As stated earlier, there are no known bodies of water on the subject property and therefore no fish will be disturbed- a. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects other commercial sites while providing water quality basins, and a street system which is consistent with City Standards. f The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There is a private easement across the subject property which connects the property to Lowe's shopping center. The applicant is required to vacate the easement and relocate the driveway access northerly of the 0000 5 Resolution No. Page 3 site. This will ensure a continued ease of circulation in and around the project site. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts the Mitigated Negative Declaration and approves Tentative Parcel Map 35507, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 25th day of July, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk DGDD Resolution No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 5 EXHIBIT A CITY COUNCIL CONDITIONS OF APPROVAL TPM 35507 D.R. West, LLC. Gene Autry Plaza Southeast corner of Gene Autry Trail and Ramon Road Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TPM 35507. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the CHO Resolution No. Page 6 indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Prior to issuance of building permits by the City of Palm Springs, the applicant shall pay the Tribal Habitat Conservation Fee of $15,506,34 (2,371/acre) for development of this property to the Tribe as required by the Tribal Habitat Conservation Plan. 5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $1,864.00 is required. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall be in the form of a money order or cashier's check payable to Riverside County. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require HIM) 9 Resolution No. Page 7 maintenance of all property in a good condition and in accordance with ' all ordinances. ' 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of$631, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. ENVIRONMENTAL ASSESSMENT 9. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: MM IV— 1 Pay the required mitigation fee to the City of Palm Springs as part of the Coachella Valley fringe-toed lizard mitigation plan and mitigation for other listed and sensitive species. MM IV— 2 The Developer shall initiate a consultation with the U.S. Fish & Wildlife Service on mitigation for the Coachella Valley milkvetch. MM IV- 3 The landscape shall be made of species native to the immediate region. MM VII - 1 The proposed project shall be subject to any conditions of approval recommended by the FAA. MM VIII — 1 Prior to approval of the Precise Grading and Paving Plan, storm drain improvement plans, and issuance of a building permit, the applicant shall demonstrate to the City Engineer approval from Lowe's HIW, Inc., a Virginia corporation, for use of the private on-site storm drain system and off-site retention basin currently used by the Lowe's commercial center. Draft Covenants, Conditions and Restrictions (CC&R's) have been provided to the City Engineer, to evidence authorization by Lowe's HIW, Inc., the use of its existing private storm drain system as a "Common Utility Facility". The applicant shall provide a final form, executed and recorded copy of CC&R's to the City Engineer for review by the City Attorney, to determine that requisite authorization by Lowe's HIW, Inc., to use the existing private storm drain system and off-site retention basin has been 0©00111,1 i Resolution No. Page 8 provided through the CC&R's. If, in the opinion of the City Attorney, the applicant has failed to obtain authorization to use the existing private storm drain system across the Lowe's commercial center or the off-site retention basin, the applicant shall be required to revise the CC&R's to the City Attorney's satisfaction; or, the applicant shall be required to retain 100% of the incremental increase of on-site stormwater runoff within the Destination Ramon West project site as required by the City Engineer. MM XV-- 1 The project applicant shall design the final building and parking layout and the site access in accordance with City access and design standards subject to review and approval of the City Traffic Engineer as part of the development review process. MM XV— 2 The project applicant shall provide clear unobstructed sight distances at all unsignalized site driveways on master planned streets. MM XV— 3 The project applicant shall design the project site to provide facilities necessary to safely integrate alternate transportation modes such as Bicycles, pedestrian access, and transit operations into the site access and circulation system and minimize the area where vehicle conflicts with bicycles and pedestrians could occur. MM XV—4 The project applicant shall provide ramps meeting Americans with Disabilities Act Accessibility Guidelines at all on-site intersections and site driveways. MM XV— 5 The project applicant shall provide well illuminated approaches to all street corners (including the crossing and waiting areas) in order to provide clear visibility of pedestrians approaching on-site intersections at night. Additionally, signage and other objects shall not obstruct clear views between drivers and pedestrians. MM XV— 6 The project applicant shall coordinate with the City of Palm Springs and the Fire Department during the development review process to ensure the adequacy of the designation of the curb at the building faces a fire lane, to ensure that emergency vehicles have access to all building faces and can negotiate the internal circulation system relative to emergency access. 000011 Resolution No. Page 9 MM XV — 7 The project applicant shall design all of the project site driveways to be controlled by STOP signs facing traffic departing from the project site onto the adjacent streets. MM XV— 8 The project applicant shall coordinate with SunLine Transit Agency regarding the need for public transit facilities on site. MM XV— 9 The project applicant shall contribute on a fair-share basis to circulation improvements required on roadways and/or key intersections the TUMF program, as determined by the City Engineer. Regional roadways that are in the TUMF program include: Gene Autry Trail and Ramon Road. MM XV— 10 The project applicant may be required to install and contribute all or a portion of the signalization at the Gene Autry Trail/Mission Drive intersection, required by the City Engineer. MM XV— 11 The project applicant shall be required to contribute on a fair-share basis to the signalization at the Gene Autry Trail/Sunny Dunes Road intersection and the San Luis Rey Drive/Dinah Shore Drive intersection, as required by the City Engineer. However, the San Luis Rey Drive/Dinah Shore Drive intersection is a site access intersection for the Indian Oasis Resort, therefore, this traffic signal will be warranted based upon the Indian Oasis Resort traffic volumes. MM XV— 12 The project applicant may be required to contribute on a fair-share basis to modifications to existing traffic signals where necessary. MM XV — 13 The project applicant shall work with the City of Palm Springs to develop an acceptable schedule for deliveries to the retail development. MM XV — 14 El Cielo Drive/Ramon Road-The project applicant may be required to contribute on a fair-share basis to widening the westbound Ramon Road approach from one left-turn lane, two through lanes, and one shared through/right-turn lane to consist of one left-turn lane, three through lanes, and one dedicated right-turn lane. Additionally, the project applicant maybe required to contribute on a fair-share basis to modifying the El Cielo Drive/Ramon Road intersection traffic signal to include a west bound right-turn 000012 Resolution Na. Page 10 overlap, which will preclude u-turn movement from southbound to northbound Ramon Road. MM XV— 15 Gene Autry Trail/Mission The project applicant may be required to Contribute on a fair-share basis to signalizing intersection. MM XV— 16 Gene Autry Trail/Ramon Road-The project applicant may be required to contribute on a fair-share basis to modifying the Gene Autry Trail/Ramon Road intersection traffic signal to include a southbound right-turn overlap, which will preclude u-turn movement from eastbound to westbound Ramon Road. The project applicant may be required to contribute on a fair-share basis to widening the eastbound Ramon Road approach from two left-turn lanes, three through lanes, and one right-turn lane to consist of two left- turn lanes, four through lanes, and one right-turn lane. Additionally the project applicant may be required to contribute on a fair-share basis to modifying the Gene Autry Trail/Ramon Road intersection traffic signal to include an eastbound right-turn overlap, which will preclude u-turn movement from northbound to southbound Ramon Road. MM XV -- 17 Gene Autry Trail/Sunny Dunes Road -The project applicant maybe required to contribute on a fair-share basis to signalizing intersection. MM XV— 18 Gene Autry Trail/Dinah Shore Drive-Mesquite Avenue-The project applicant maybe required to contribute on a fair- share basis to widening and re-striping the northbound Gene Autry Trail approach from one left-turn lane, one through lane, and one shared through/right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. MM XV — 19 San Luis Rey Drive Ramon Road The project applicant may be required to contribute on a fair-share basis to widening the northbound San Luis Rey Drive approach from one left-turn lane, one through lane, and one right- turn lane to consist of two left-turn lanes, one through lane, and one right-turn lane. The project applicant may be required to contribute on a fair-share basis to modifying the San Luis Rey Drive/Ramon Road intersection traffic signal to include protected phasing for the north/south BOOM Resolution No. Page 11 approaches. The project applicant may be required to contribute on a fair-share basis to widening the westbound Ramon Road approach from one left-turn lane, two through lanes, and one right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. MM XV— 20 San Luis Rey Drive/Dinah Shore Drive The project applicant may be required to contribute on a fair-share basis to signalizing intersection. MM XV— 21 Crossley Road/Ramon Road-The project applicant may be required to contribute on a fair-share basis to widening the eastbound Ramon Road approach from one left-turn lane, two through lanes, and one right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. 10, The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code, CULTURAL RESOURCES 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. FINAL DESIGN 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of �000 .t ' Resolution No. Page 12 building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized_ No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 14. Architectural approval shall be valid for a period of two (2) years_ Extensions of time may be granted by the Planning Commission upon demonstration of good cause. . 15. The appeal period for a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 16. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 19. Separate architectural approval and permits shall be required for all signs. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of 000015 Resolution No. Page 13 screening. 23_ No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 25. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 31. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 32. The applicant shall provide all tenants with Conditions of Approval of this project. 33. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 34. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact e �00016 Resolution No. Page 14 sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space, two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 35. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 36. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 40_ Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 41. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 42. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 0FO�1� Resolution No. Page 15 POLICE DEPARTMENT 44. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 45. Prior to any construction on-site, all appropriate permits must be secured. ADA 46. As part of the path of travel for this project, all new curb ramps will require a detectable warning surface consisting of truncated domes to comply with CBC 1127B.5.8. This includes the path of travel area located near Future Pad ## 1. 47. It is recommended that a wheelchair accessible path of travel is created leading from the Best Buy site to the Lowe's Home Improvement Center. This will require the provision of curb ramps and path of travel cross walks between Best Buy and the Lowe's Garden Center. 48. All the disabled parking spaces shall comply in terms of design, location and "van accessibility" to CBC 1129B.1 and CBC 11296.4.1. FIRE 49. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 50. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) a. Minimum Access Road Dimensions: Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Access for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. O000 Resolution No. Page 16 51. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 52. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 53. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 54. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. 55. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL SLDGS. IN COMPLEX 56. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 57. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. r��00i Resolution No. Page 17 58. Audible Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 59. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be in accordance with NFPA 72, 760, NEC. 60. System Acceptance Test: Upon completion of the installation of the Fire Alarm System, a satisfactory test of the entire system shall be made. The test shall be witnessed by the fire inspector. 61. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 62. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 63. Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 64. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 65. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. 66. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. Resolution No. Page 18 67. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 68. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 69. Construction site Security and Protection: Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 70. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 71. Access Cate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 72. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 73. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) ENGINEERING STREETS 74. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ego a21 Resolution No. Page 19 75. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of an approved Caltrans Encroachment Permit shall be provided to the City Engineer prior to the issuance of any building permits, unless otherwise allowed by the City Engineer. 76. When public dedications of easements or rights-of-way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are "without limitation as to tenure"; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted. 77. Upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the off-site debris basin improvements constructed by the applicant for which the easement was dedicated through the Bureau of Indian Affairs. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. RAMON ROAD 78. Dedicate additional right of way concentric with the back of sidewalk along the bus turn-out to be constructed on Ramon Road approximately 150 feet east of Gene Autry Trail, as required by the City Engineer. 79_ Construction of a turnout shall be required, unless otherwise waived by the City Engineer. Remove the existing street improvements, and construct a 170 feet long by 12 feet wide bus turn out, with an adjacent 8 feet wide colored sidewalk (to match existing) at the southeast corner of the intersection of Ramon Road and Gene Autry Trail. 79A.The City Engineer shall continue coordination with SunLine Transit Agency on the disposition of bus stop #146, to determine whether this transit stop will remain or officially be removed from service. In the event 00002 '': II Resolution No. Page 20 bus stop #146 shall remain, the applicant shall be responsible for installing a bus stop shelter as required herein. In the event bus stop #146 is officially removed from service, installation of a bus stop shelter shall not be required. In the event a determination has not been made regarding the disposition of bus stop #146, the applicant shall deposit the cost to design and construct a bus stop shelter with a design compatible to project architecture as required by the Director of Planning Services, including casts for bus stop furniture and other accessories, as normally required by SunLine Transit Agency and the City. The applicant shall propose a cost estimate, determined by the applicant's architect, for design and construction of the bus shelter and installation of furniture and other accessories, for approval by the City Engineer. The deposit shall be submitted to the City Engineer prior to issuance of a certificate of occupancy, and shall be held on deposit until the disposition of bus stop #146 is determined, and no longer than 5 years, at which time it shall be returned to the applicant. 80. Remove the existing driveway approach located approximately 200 feet east of Gene Autry Trail, and replace with new street improvements (curb and gutter, and colored sidewalk) to match existing street improvements, in accordance with applicable City standards. 81. All broken or off grade street improvements shall be repaired or replaced. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 82. Dedicate a property line - corner cut back at the southeast corner of the Gene Autry Trail and Ramon Road intersection, and at the northeast corner of the Gene Autry Trail and Camino Parocela intersection in accordance with City of Palm Springs Standard Drawing No, 105. 83. Remove the existing driveway approach, and construct a new 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 200 feet north of the centerline of Camino Parocela, as shown on the approved site plan. 84. Remove the existing driveway approach located approximately 275 feet south of the centerline of Ramon Road and replace with new street improvements (curb and gutter, and colored sidewalk) to match existing street improvements, in accordance with applicable City standards. 0000ej Resolution No. Page 21 85. All broken or off grade street improvements shall be repaired or replaced. CAMINO PARQCELA 86. The applicant shall apply for an Encroachment License for the operation and use of the private storm drain facility across Camino Parocela at San Luis Rey Drive, conveying on-site stormwater runoff from the project site, including the Lowe's commercial center, to the off-site retention basin. The Encroachment License shall be approved by the City Council prior to issuance of a certificate of occupancy. Provisions for the operation of this off-site storm drain facility, including obligations required by the Encroachment License, shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 87_ Remove the existing street improvements and construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 140 feet east of the centerline of Gene Autry Trail, as shown on the approved site plan. 88. Remove the existing street improvements and construct an 80 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 320 feet east of the centerline of Gene Autry Trail, as shown on the approved site plan. 89. Remove the existing street improvements and construct a 90 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 80 feet from the easterly property line, as shown on the approved site plan. 90. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 91, All broken or off grade street improvements shall be repaired or replaced. ©ri0n ?. 4 Resolution No. Page 22 SANITARY SEWER 92. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 93. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter B-60 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 050025 Resolution No. Page 23 94. Prior to issuance of grading permit, the applicant shall provide verification to the City that the current acreage fee has been paid in accordance with the Tribal Habitat Conservation Plan (THCP). 95. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 96. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 97. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 98. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 99. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is 0 002� Resolution No, Page 24 located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). 100, The applicant shall demonstrate that the existing easement for vehicular access across the project site created by that certain unrecorded Land Lease dated January 6, 2000, between Michael J. Preito, and Lowe's HIW, Inc., a Virginia corporation, by Memorandum of Lease recorded August 22, 2000, as Instrument No. 2000-328179, of official records of Riverside County, has been quit-claimed, relocated or otherwise removed and does not encroach within any footprint of proposed buildings located on the project site. Prior to approval of the grading plan for the proposed development and issuance of a building permit, the Memorandum of Lease between Michael J. Prieto and Lowe's HIW, Inc., shall be amended, or an alternative legal document shall be provided to the City Engineer, demonstrating that the existing vehicular access easement across the project site does not encroach within any footprint of proposed buildings located on the project site. DRAINAGE 101. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology Study, prepared by Feiro Engineering, Inc., dated May 1, 2007, shall be updated to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 102. The Preliminary Hydrology Study shall be finalized and submitted for review and approval by the City Engineer. Verification shall be made that the private storm drain system across the adjacent property identified by Assessor's Parcel Number (APN 680-170-046), the Lowe's commercial center, has adequate capacity to convey the on-site stormwater runoff from the Destination Ramon West project site. A current survey shall be made of the existing off-site retention basin, providing the City Engineer with as-built topographic evidence that the retention basin storage volume is adequate. In the event the existing storm drain system lacks adequate capacity, the applicant shall be 0600[ 7 Resolution No, Page 25 required to provide on-site retention of the excess volume of on-site stormwater runoff, to the satisfaction of the City Engineer. In the event the existing off-site retention basin lacks adequate storage volume, the applicant shall be required to enlarge the retention basin as necessary to provide the minimum required storage volume, to the satisfaction of the City Engineer. 103. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer, 104. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of the site to the existing on site private storm drain system across the Lowe's commercial center to the off-site retention basin and/or into an on-site underground retention system (as may be required), as described in a final Hydrology Study, prepared for this project. The Preliminary Hydrology Study prepared by Feiro Engineering, Inc., shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations (if required) and other specifications for construction of required on-site storm drainage improvements. 105. This project proposes to use an existing private storm drain system across the adjacent property identified by Assessor's Parcel Number (APN 680-170-046), the Lowe's commercial center, and to convey on- site stormwater runoff from the project site through the Lowe's commercial center to an existing off-site retention basin. Prior to approval of the Precise Grading and Paving Plan, storm drain improvement plans, and issuance of a building permit, the applicant shall demonstrate to the City Engineer approval from Lowe's HIW, Inc., a Virginia corporation, for use of the private on-site storm drain system and off-site retention basin currently used by the Lowe's commercial center. Draft Covenants, Conditions and Restrictions (CC&R's) have been provided to the City Engineer, to evidence authorization by Lowe's HIW, Inc., the use of its existing private storm drain system as a "Common Utility Facility% The applicant shall provide a final form, executed and recorded copy of CC&R's to the City Engineer for review by the City Attorney, to determine that requisite authorization by Lowe's HIW, Inc., to use the existing private storm drain system and off-site retention basin has been provided through the CC&R's. If, in the opinion of the City Attorney, the applicant has failed to obtain authorization to use the existing private storm drain system across the Lowe's commercial center or the off site retention basin, the applicant shall be required to revise the CC&R's to the City Attorney's satisfaction; or, the applicant shall be required to retain 100% of the incremental increase of C00028 Resolution No. Page 26 on-site stormwater runoff within the Destination Ramon West project site as required by the City Engineer_ 106. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on- site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). 107_ The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9212.00 per acre per Resolution No. 15189_ Fees shall be paid prior to issuance of a building permit. 108. Covenants, Conditions and Restrictions (CC&R's) shall be prepared for this project that provides for the perpetual use of the off-site retention basin located on the property identified by Assessor's Parcel Number (APN 680-170-042) by the Destination Ramon West and Lowe's commercial center. The CC&R's shall adequately describe the off-site retention basin, include maintenance provisions, and restrict its use in perpetuity for private flood control and drainage purposes. Amended CC&R's that affect the use of the off-site retention basin shall require review and approval by the City Engineer. ON-SITE 109. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 96% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Resolution No._ Page 27 GENERAL 110. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 111. On phases or elements of construction following initial site grading (e.g_, sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Arachaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring_ Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 112. All proposed utility lines shall be installed underground. 113. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 114. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, 000010 Resolution No. Page 28 consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 115. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 116. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs zoning Code Section 93,02.00, D. 117. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 118. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 119. In accordance with Government Code 66411.1 (a), all required public improvements shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for the parcels within Tentative Parcel Map No. 35507, but shall be completed prior to issuance of a building permit on the parcels. 120. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Parcel Map. 0®003 ? 121. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 122. As determined by the DR West Traffic Impact Analysis prepared by RBF Consulting (as revised May 10, 2007), the following mitigation measures will be required: a. Pay a fair share contribution determined as 2.95% (or $5,900) for the design and construction of a new traffic signal at the intersection of Gene Autry Trail and Mission Road. b. Pay a fair share contribution determined as 2.88% (or $5,760) for the future signalizing the intersection of Gene Autry Trail and Sunny Dunes Road. c. Pay a fair share contribution determined as 3.40% of the future modification of the northbound San Luis Rey Drive approach from one left-turn lane, one through lane, and one right-turn lane to consist of two left-turn lanes, one through lane, and one right-turn lane. Payment of the fair-share amount shall be determined upon the actual design and construction costs of the traffic signal modification to be performed by The Springs commercial shopping center. The applicant shall deposit $6,800 with the City Engineer as an estimated fair-share amount, and shall be responsible for payment of the actual fair-share amount. Excess payment (if any) shall be refunded to the applicant. d. Pay a fair share contribution determined as .95% (or $1,900) for the design and construction of a new traffic signal at the intersection of San Luis Rey Drive and Dinah Shore Drive. O'5003 '' Resolution No. Page 30 123. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontages of the subject property. 124. FDFD All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy_ 125. 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. 126. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 060033 Pr ME errr ar nivs sm"'s• ecvrvrr or R;/easmx. s'rEore rauvxrva TENTATIVE PARCEL MAP NO. 35507 IOSG4 S 5EIC.4IPPAY� nsv';A s awsmew OF A Paqua.,� me NA 114 OF rffE MY ,/4 iCM9 20• MAY H..•P • SOIfM• P✓AG£5 F F. S6.H o c" FEfRO ENGINEERING, INC• WARCN 2007E-- --- — — R,AM Q-IJ �OAO_ a_n5) .,,-�.� ___ — --z_ orer o, -- F ...m',—.--.e.6Fr=—, v.orp.rc. o •�— `, k -------------- PROPOSED - uwnnr/s-mwr" c x " •11,� I .�-- i�i, 1rus slop t ---I l` [ Li i r S- --, Ii1n)]�•er1N e PROPOSED II r` ,-_ _ ] rnvxm "Nenro"i mm° ,n 's:w5sWE" ' • I� i Ir ,I r_vr e;ovre ..,,,:.a'e10 r` fuss {' 4 .I: -I A x ,, nczx"ar co.erx m _rnwr.a mlm�.a .sv➢r. . .r I � III ARDPOSED o;: - III I \ _Yb= _� — r+sr v"em..uvxx x•m,.r di f }. RETAIL EASE:AENr ro ':riiiv iv.Y:' . �I It 9 BE VACATED-,,, j -4LkJ ` � " I � � I •i:? „� vvoLu n.n s..oti ns J -EXISTING RDAD = /_ — ------_ m urrvumwor r SI TE o aE .RELOAD o .' , 4 �I — as ➢ ;<.N. r -- z I^ jr rr r' wr,�r r.e sr„ar•S.wvw..rs mmnnc r1. f to ,I: �5�`}/ L w5nrs, x..us.uc uiwnua+unm•z v - J 1 Lrt[[T°Ln uSLOS.rr rr,y:-ilv.;I..I,ir[i.n. ' 4, a"•�.mr re . .. wm-r"aw nme.m vs:rw;•s. 11111 C. tit a *°r"s.nc"`.,n...w•s.,s...axcru wr-a.n." 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Ssr az;rirracrra R , a3 F;ui,]s IJSN nF['A.Il9 L.Cn I.VL - 1l.. ii y'r, F fr[5 fFEu,- usmoso ar"..- _ _ of nn�s".:.e= xir rmv-nciru• S W City of Palm Springs Planning Commission Minutes of June 13, 2001 M/S/C (Hutcheson/Scott, 4-2/Vice Chair Hochanadel/ Chair M Lantz), 1 absent/Ringlein) To recommend approval to the City Council, subject to onditions of Approval, as amended: "Parking lot to be re paved and re-striped within 30 days of occup cy. "Compliance with all Riverside County Health Department requi ments. *Trash enclosure(s) to be brought to compliance within 30 da of occupancy. 7. Case TPM 34771 - An application by Gregg/appfor a Tentative Parcel Map to subdivide an approximately 3.73 acre rcel into two lots located on the west side of Southridge Drive approxi tely 0.57 miles south of East Palm Canyon Drive, Zone R-1-A, Section 2 APN: 510-260-029. (Project Planner: Fred Lowndes, Associate Planner) Fred Lowndes, Associate Planner, pro ded background information as outlined in the staff report dated June 13, 2007. Chair Marantz opened the Public earing: -Marla Van Horn, representi g the applicant, provided further details pertaining to the parcels, septic tank req ' ements and their diligence to meet all the conditions of approval. -Betty Garber, Pal Springs, requested a postponement of this project to adequately notify nei bars; voiced concern with the mass and height of this project. -Marla Van Horn, refiuftal, stated the maximum height for this project is 18 1/2 feet. There being no/further comments, the Public Hearing was closed. Staff re-ite, ted that hillside areas are brought before the Architectural Advisory C omm to review height and privacy concerns. ott/Caffery, 6-0, 1 absent/Ringlein) To recommend approval of the Tentative 34771, subject to Conditions of Approval. 8. Case 3.3036 MAJ / LUP 07-025 / TPM 35507 - An application by Destination Ramon West LLC., for the construction of two commercial retail buildings, parking, landscaping, and two pads for future buildings as well as an application to subdivide the property located at the southeast comer of Gene Autry Trail and Ramon Road, Zone W-M-1, Section 20, APN: 680-170-044. (Project Planner: David A. Newell, Assistant Planner) David Newell noted the following corrections: D. R. West, LLC. is the applicant and the project title is Gene Autry Plaza. Mr, Newell provided background information as outlined in the staff report dated June 13, 2007. s CDD03 � - City of Palm Springs Planning Commission Minutes of June 13, 2007 Chair Marantz opened the Public Hearing.- -Greg Pettis, representing the applicant, commended staff and stated they are in agreement with the conditions. Mr. Pettis addressed engineering condition #78, page 16, requested confirmation of the use for the bus turn. -Eunice Lovey, Director of Planning for Sunline Transit Agency, stated she met with city staff and is recommending the deletion of the requirement for a bus turn. There being no further comments, the Public Hearing was closed. Staff noted that the request to delete the bus turn out is a policy issue between jurisdictions and the transit agency rather than a project by project issue. Staff recommended the condition to remain with the addition of the following wording unless otherwise waived by the City Engineer'. Vice Chair Hochanadel noted safety concerns for the busy intersection on Ramon Road and is in favor of removal of the bus turn. David Barakian, Director of Public Works, noted his support of the transit agency's request to remove the bus turn out, MIS/C (Caffery/Hutcheson, 6-0, 1 absent/Ringlein) To approve Case 3.3036 MAJ (project architecture) and Land Use Permit 07-025, and recommended adoption of the Mitigated Negative Declaration and approval of Tentative Parcel Map 35507 to the City Council, subject to Conditions of Approval, as amended! "Engineering condition #78 to include additional wording, unless otherwise waived by the City Engineer". Mr. Ewing noted the Land Use Permit and the Architectural Approval are final actions and may be appealed to the City Council. NOTE: Staff recommended a continuance for Item 9 / Case 5.1132 PD 333 to a definite date due to time restraints. 9. Case 5.1132 PD 333 / 3.3002 MAJ / TTM 35236 - An application by Loft Partners Palm Springs, LLC., to construct a 200 room hotel, 143 condominiums and a parking structure on 10.47 acres located at the northwest corner of Amado Road and Avenida Caballeros, Zone R4 & RGA- 8, Section 14 (IL). (Project Planner: Edward Robertson, Principal Planner) (Continued from the May 23, 2007 Planning Commission meeting.) MIS/C (Cohen/Vice Chair Hochanadel, 6-0, 1 absent/Ringlein) To continue, to a definite date of June 21, 2007, at 2:00 p.m- 9 ppALM gA1p � N .c�4/FORIIJ Plannincl Commission Staff Report Date: June 13, 2007 Case No.: 3.3036 — MAJ / LUP #07-025 /TPM 35507 Application Type: A Major Architectural Approval, Land Use Permit and a Tentative Parcel Map to subdivide the shopping center. "Destination Ramon West" Location: Southeast corner of Gene Autry Trail and Ramon Road Applicant: Destination Ramon West, LLC Zone: W-M-1 (Service / Manufacturing) General Plan: IND (Industrial) APN: 680-170-044 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward 0. Robertson, Principal Planner PROJECT DESCRIPTION The project is a proposal by Destination Ramon West, LLC, to develop approximately 63,840 square feet of retail uses on an approximately 6.75-acre site located at the southeast corner of Gene Autry Trail and Ramon Road. Included in the proposed retail uses are a major electronic store that is approximately 30,242 square feet in size and a proposed major office supply store of about 20,387 square feet retail building. Two building pads are included in the proposal; the future uses of these pads have not yet been determined, but would be required to be consistent with applicable zoning and other regulatory designations of the proposed site. OU000� Planning Commission Staff Report June 13,2007 Case 3 3036-MAJ/TPM 35507 Page 2 of 3 In conjunction with the Major Architectural application, a Land Use Permit application (LUP #07-025) to allow for large-scale service retail outlets; and a Tentative Parcel Map (TPM 35507) has been filed to allow a subdivision of the site into three separate parcels. The subject property is a vacant lot surrounded primarily by commercial / retail and industrial uses. The project area will include approximately 142,978 square feet of hardscape area that includes driveways, parking lots, and sidewalks, approximately 63,840 square feet of retail commercial structures, and 87,212 square feet of landscaping. RECOMMENDATION: • That the Planning Commission adopt the Mitigated Negative Declaration and approve Case Nos. 3.3036—MAJ; project architecture and LUP #07-025 for the development of two commercial buildings, two future building pads and associated landscaping. • Recommend approval of Tentative Parcel Map 35507 to the City Council subject to the attached conditions. PRIOR ACTIONS: On January 22, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed project architectural and landscape designs; and by a vote of 6-0 recommended approval to the Planning Commission with a recommendation that the applicant consider the following: • Use alternate material for the proposed blue and red stucco. • Use pavers or other traffic calming device in front drive of proposed large commercial / retail buildings. BACKGROUND AND SETTING The proposed project site is approximately 6.75 acres of vacant Indian land located at the southeast corner of Gene Autry Trail and Ramon Road. The subject property is surrounded by existing and future commercial uses. To the north of the site, is the Springs Shopping Center which is currently under construction, to the east is the Lowe's home improvement center and to the west is an existing Shell Gas Station. The parcel to the south is also vacant and is not a part of this project. There are existing streets and sidewalks to the north, south and west of the proposed site. The project area is a rectangularly shaped lot located with an existing driveway access along Ramon Road and Gene Autry Trail. The proposed project will consist of two attached retail buildings, totaling approximately 50,629 square feet_ The site design includes future building pads totaling 13,211 square feet, pedestrian walkways and parking spaces that are evenly distributed within the site. The existing driveway access along Ramon Road will serve the existing Lowe's Center and the proposed Destination Ramon West shopping center. i i i i Planning Commission Staff Report June 13 2007 Case:3 3036-MAJ/TPM 35507 Page 3 of 8 ANALYSIS General Plan and Zoning The General Plan designation of the site is IND (Industrial), the Zoning designation is W-M-1 (Service Industrial). General Plan Policy 3.30.6. states... "Allow for the development of storage, distribution, assembly, service commercial and research office facilities", Pursuant to Section 92.16.00(A) of the Palm Springs Zoning Code, "this zone is intended for and encourages planned industrial districts that are compatible with surrounding or abutting residential zones and which would not in any way depreciate the character of the resort community, Uses are to be confined to those administrative, wholesaling, warehousing and light manufacturing activities that can be carried an in an unobtrusive manner, and to certain accessory commercial facilities that are necessary to service the employees of the zone". Section 92.16.01(B) of the Zoning Code states..."The Commission may, by resolution of record permit any other uses it may determine to be similar in conformity with the intent and purposes of this zone, and not more obnoxious or detrimental to the public health, safety, and welfare, or to other uses permitted in this zone". Further, Section 92.16.01(C)(3) allows the development of a large-scale service retail outlets with the approval of a Land Use Permit; as stated earlier the applicant has also submitted a request for Land Use Permit along with the Major Architectural application. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan zoning Site Vacant IND Industrial W-M-1 Service Manufacturin North Shopping Center IND (Industrial) PD 291 (SpringsShopping Center East Shopping Center IND (Industrial) W-M-1 Service Manufacturing) South Vacant IND (Industrial) W-M-1 (Service Manufacturing) West Commercial / Retail IND (Industrial) W-M-1 Service Manufacturing) Development Standards: The W-M-1 zone establishes property development standards for all new development detailed in Table 2 below. Table 2: Property Development Standards of the W-M-1 Zone W-M-1 (Service IndustrialL Proposed Project Lot Area Minimum lot size; 60,000 ft. 6.75 acres Lot Width 200 feet Approximately 405 feet Lot Depth 200 feet Approximately 743 feet Buildin Mei ht Not greater than 40 feet 38 feet with tower 00003 Planning Commission staff Report June 13,2007 Case 3.3036-MAJ/TPM 35507 Page 4 of 8 W-M-1 (Service Industrial) Proposed Project BuildingCoverage 60% 22% Landscape Coverage No Minimum Requirement 30% Front Yard Setback: 25 feet from property line 27 feet The proposed project meets all the requirements of the M-1 zone and is consistent with the property development standards outlined therein. Site Plan The proposed site is an approximately 6.75-acre parcel located at the southeast corner of Gene Autry Trail and Ramon Road. As designed, the site plan will consist of two major retail structures (Major 1 & 2) totaling approximately 50,629 square feet. The anchor building (Major 2) is the proposed 30,242 square foot future electronics store; Major 1 is approximately 20,387 square feet in size and is a future office supply store. PAD 1 is an approximately 6,888 square foot stand alone future store, and finally, PAD 2, also a stand alone store is approximately 6,323 square feet in size. A masonry screening wall is being proposed along the property line on Ramon Road and Gene Autry Trail as well. The proposed wall, planter and landscaping will be consistent with the existing wall and landscaping at the easterly section of the site. The loading areas for Majors 1 & 2 are located behind the two stores; a screening wall is proposed around the area. Access: There are three main points of access to the proposed shopping center; they are through Ramon Road, Gene Autry Trail and along Camino Parocela. Delivery trucks going into the shopping center will do so through two points of access along Camino Parocela behind the two anchor buildings. Architecture: The proposed architecture of the shopping center is contemporary in style, and will be compatible with the existing Lowe's architectural elements. The applicant has incorporated various architectural elements into the design of the buildings such as split face bricks, steel doors, clear aluminum frames, steel canopy, and mullions. The buildings will have varying heights and parapets designed to provide variations in the temperament of the architectural features. The applicant will be proposing a sign program for the shopping center under a different review and approval process. The proposed color scheme of the buildings are corporate signature colors, which will feature up to four different combinations; deep blue, bright red, brown and silver metallic colors. 650011111 Planning Commission Staff Report June 13.2007 Case:3 3036-MAJ 1 TPM 35507 Page 5 of 8 Landscaping: The applicant has proposed 30 percent of the site to be landscaped. The project proposes to set buildings and parking areas 25 feet back from property lines along major streets. These setback areas will consist primarily of landscaping, and the perimeter of the project will have visually prominent landscaping consistent with existing Lowe's shopping center. Parking: The parking ratio outlined in Section 93.06.00 D. of the Zoning Code requires one parking space for every two hundred fifty square feet of floor area devoted to commercial uses and one parking space for every five hundred square feet of floor area devoted to industrial uses. Based on this requirement, a total of 255 parking spaces are required. The applicant has designated 311 parking spaces. Tentative Parcel Map-- The applicant has proposed a tentative parcel map to create three separate lots within the shopping center. The proposed lots will range from 1.54 acres to 3.37 acres in size. The map is required for financing purposes only and not for construction phasing of the shopping center. Staff has reviewed the proposed map in light of the required findings and prepared recommended conditions in the attached draft resolution. REQUIRED FINDINGS Although there are no required findings for applications for major architectural approval, the Zoning Ordinance Section 94.04.00(D)(1-9) provides guidelines for the Architectural review of development projects to determine whether the proposed development will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance is evaluated, based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Access throughout the proposed project is designed according to the requirements of the Uniform Building Code and ADA rules, including accessible pathways, handicapped parking spaces and vehicular access. The buildings are oriented relative to the existing buildings in the immediate surroundings. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; I I Planning Commission Staff Report June 13,2007 Case'3.3036-MAJ 1 TPM 35507 Page 6 of 8 The proposed buildings are harmonious with the office building complex because they are also contemporary architecture that uses the same colors and materials. The consistency of architectural style, similar landscape plant materials, and setbacks creates harmony with the existing complex and surrounding neighborhood. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The proposed thirty eight feet maximum height, mass of the building and setbacks are compliant with the requirements of the Palm Springs Zoning Code. Parking is adequate, the proposed landscape provides adequate screening and shading, and all mechanical equipment will be concealed. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures, which are visible simultaneously; AND 6. Consistency of composition and treatment; The buildings include a variety of embellishments like the split face bricks, metals, and exterior cement materials and are designed to create harmony, since they are consistent with materials in the existing shopping center to the east of the site. The proposed color palette reflects corporate signature colors. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials,- The landscape design proposes drought tolerant trees, shrubs, and groundcover. Emitters will deliver water to each individual plant, therefore practicing water efficient irrigation methods. Additional Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The proposed Tentative Parcel Map is consistent with the goals and objective of the General Plan designation of IND (Industrial) which governs the subject property as well as all properties adjacent to the subject site. The applicant is proposing 3 commercial parcels on an approximately 6.75-acre parcel; this proposal is within the required lot sizes of commercial shopping center uses. 00aaitz Planning Commission Staff Report June 13,2007 Case:3.3036-MAJ/TPM 35507 Page 7 of 8 b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project is consistent with the zoning designation of M-1, which allows the development of commercial/retail uses on each parcel at the proposed location. The proposed subdivision and the provision for its design and improvements comply with the applicable development standards for streets and parcel design. c. The site is physically suited for this type of development The project site is relatively flat and each parcel Contains adequate developable building area. There are no known bodies of water, ravines, or significant topographic features on the subject property. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. The Environmental Assessment prepared for the site determined that with the implementation of proposed mitigation measures, any environmental impacts affecting traffic, aesthetics, animals or plants will be mitigated to a level of less than significant. As stated earlier, there are no known bodies of water on the subject property and therefore no fish will be disturbed. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects other commercial sites while providing water quality basins, and a street system which is consistent with City Standards. f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There is a private easement across the subject property which connects the property to Lowe's shopping center. The applicant is required to vacate the easement and relocate the driveway access northerly of the site. This will ensure a continued ease of circulation in and around the project site. CONCLUSION The project is consistent with the land use and development standards of the applicable zone and has received a recommendation of approval from the Architectural Advisory 600043 Planning Commission Staff Report June 13.2007 Case 3 3036-MAJ/TPM 35507 Page 8 of 8 Committee. Staff is recommending approval of Case No. 3.3036 — MAJ and LUP #07- 025 subject to the attached conditions of approval. ENVIRONMENTAL ASSESSMENT The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications and mitigation measures incorporated into the Draft Mitigated Negative Declaration (DMND), will reduce impacts to less than significant levels. A copy of the prepared DMND is attached to this staff report as Attachment 5. NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 square feet radius of the subject property/adjacent property owners. As of the writing of this report, staff has not received any comment. f� Ed and O. kbbIaeftson Craig'A' Ewing, AIC,P N Principal Planner D4ectwbf Planning Services ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Reduced Site Plan, TPM 35507 & Elevations 5. Draft Mitigated Negative Declaration (Initial Study) Destination Ramon West Mitigated Negative Declaration o� ?AL M Spy Prepared by Al � rt The City of Palm Springs V to * * May 2007 C' �RopRATEO OIIDD�a DESTINATION RAMON WEST, LAC/INl t, _STUDYINEGATIVE DECLARATION Figure 1: Project Vicinity Map � vl �f • I m 91 1 ED DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 N�. 1 I DESTINATION RAMON WFSI, LLC, INII,,. STUDY/NFGATIVF. DFCLARATION i i ENVIRONMENTAL CHECKLIST FORM 1. Project title: Destination Ramon West- Large Scale Retail Center, Case No. 3.3036 &TPM 35507 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 3. Contact person and phone number: Edward O. Robertson Principal Planner (760)323-8245 4. Project location: The project site is a six and one-half acre vacant lot located on the southeast corner of Gene Autry Trail and Ramon Road; Assessors Porcel Number 680-170-044. 5. Project sponsor's name and address: Destination Ramon West, LLC 73-111 El Poseo Palm Desert, CA 92260 6. General plan designation: IND (Industrial) 7. Toning: W-M-1 (Manufacturing) 8. Description of project: The proposed project consists of two reiail-commercial buildings of approximately 30,242 square feet and 20,387 square feet. The buildings are proposed of a maximum height of approximately thirty-eight feet and situated on the southern half of the lot. The proposal includes parking (31 1 stalls) to accommodate two future pad buildings on the northwest corner of the site. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION n1w;,tt. MAY 23, 2007 2ODD ? DESTINATION RAMON WEST, LLC INI I--STUDYINEGATIVE DECLARATION 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The project site is surrounded to the north, west and south by streets. To the east is an existing home improvement center (Lowe's) which has an existing access drive that is proposed to be utilized with this project. To the west is an existing gas station and vacant land. To the south is vacant land. To the north is a commercial shopping center which is under construction. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) The project is required to receive Federal Aviation Administration (FAA) form 7460 approval. .w ^ DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION 4 % MAY 23,, 2007 3 DP DFSTINAIION RAMON WEST, LLC, INI I,,.,L SrUE)Y/NEGATIVE DECLARATION Figure 2:Site Plan la3ilN3av W Q1ri I iox m" vLvmm II F F dill C _iPi7 �r 1 • I IIY . e., a I I1w .rl-i 1 1, Nil, R� • ,.a� 1,���f' � r/' 1u. 1�; � � � of •` 1 A I ` _ ,1 _ o o f LT L IIiI�IINI= iqi`E�)y= Ll ll �,�I���q i 1. C� jp _ II •'r�u� II I IY� r � g � 1= l➢I1fIIITllli"�'ITfTT`hlTf lu -'�� � �a°� �I i3 3 fiTrr+i �l III rr+l7r1-IT791�= ,�irll rllllll �I�IIyIP �+ ��• I .=1 rTr(IT1T—I fi TTl�l�lllll � � � y �4%/ � abp y f _ � �'I I IiIUIIIIIff1'I_III�JJJ.1J. ! % � �. "JI1� r!1111T llllllilfll1 ° b � a,ll � s 11141t AaLnv tiN g DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION nss :-, MAY 23, 20074 IOOO `Y DEsn NATION RAMON WEST, LLC INII.—,STUDY/NEGATIVE DLCLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Polenliolly Significant Impact" as indicated by the checklist on the following pages, ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Malerials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory findings of Significance O." A DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 5 DESTINATION RWON WEST, LLC, IN I.„L 5Tuov/NEGATIVF DFCLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ® environment, there will not be a significant effect in this case because revisions in the project have been mode by or agreed to by the project proponent_ A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "polentially significant impact" or "potentially significant unless mitigated" impact on the environment, but of least one effect 1) has been adequately analyzed In an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on aliached sheels. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find lhat although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed Ei adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or miligoted pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that ore imposed upon the proposed project, nothing further is required. �--- 5 23 2007 David A. Newell Date Project Assistant Planner T 5/23/2007 E d O. Ro er n Date Princi al Planner 0S' 005 DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION n��4,�R MAY 23, 2007 DESTINATION RAMON WEST, LLC INh....L STUDY/NFGATIVF DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on 0 project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant wish mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that on effect may be significant. If there are one or more 'Potentially Significant Impacl" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to 0 "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures "Earlier Analyses,"as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brier discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged 10 incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference 10 the page or pages where the statement Is subs lontiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 0�,v DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23,2007 7 00005,E DES IINATION RAMON WEST, I.LC, INI —,STUDY/NEGATIVE DECLARATION 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanalion of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure idenlified, if any, to reduce the impact to less than significance DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 DESTINATION RAMON WEST, LLC INI,...,STUDY/NEGATIVE DECLARATION Less,Than .. . Significant - ,• Potentially Wth Less Titan Significant Mitigation s' ' Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ❑ views in the area? a) There are no scenic vistas designated by the General Plan around the project site and the project has been recommended for approval by the Architectural Advisory Committee (AAC) to ensure quality urban design. The proposed project would not have an adverse impact on a scenic vista. b) The proposed project abuts state highway 111 which is not designated as a state scenic highway. There are no historic buildings located near the site area. The subject parcel is currently undeveloped and there are no trees, rocks or other natural scenic resources identified on the site. c) The project is of a similar architectural character to the other buildings in the area and would be unlikely to degrade the character or quality of the site or its surroundings. d) The City's outdoor lighting standards in Section 93.21.00 of the Palm Springs Zoning Code prohibits glare from exterior lighting from extending across property lines. I he proposed project will be required to comply with the requirements of the Zoning Code and that will ensure no significant impact. DESTINATION RAMON WEST, 411C, INITIAL STUDY/NEGATIVE DECLARATION A�pw4M'`*c MAY 23, n 9 U7, UU S Dks IINATION RAMON WEST, LLC, IN]....,STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated ° Impact° No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural user b) Conflict with existing zoning for agricultural ❑ ❑ ❑ 0 use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) The Farmland Mapping and Monitoring Program of the California Resources Agency has not designated this area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact on farmland would occur. b) No Williamson Act Contracts are located on the parcel comprising the project site. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site (Williamson Acts Contracts) or the Palm Springs General Plan EIR (Palm Springs, 1992). The proposed project will not conflict with existing zoning for agricultural use or a Williamson Act Contract. c) The proposed project site is located on an existing lot of record surrounded by lots similarly designated for industrial and commercial uses. Implementation of the proposed project would therefore not result in conversion of farmland to non-agricultural uses- There will be no impact on agricultural land. The project has been recommended for approval by the Architectural Advisory Committee and selected landscape plant material should not impact flora off-site. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION eG%R' MAY 23, 2007 10 DESTINATION RAMON WEST, LLC INI�...L STUDY/NEGATIVE DECLARATION .Less Than " Significant Potentially With Less Than Significant - Mitigation significant Impact Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ® ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an El El Elapplicable federal or state ambient air quality 23 standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ 19 concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? The project is within the jurisdiction of the South County Air Quality Management District (SCAQMD). The SCAQMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on August 1, 2003. The 2003 Air Quality Management Plan (AQMP) updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard and provides a basis for the maintenance plan for CO for the future; and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has met since 1992. The revision of the AQMP points to the urgent need for additional emissions reductions (beyond those incorporated in the 1997199 Plan) from all sources, specifically those under the jurisdiction of the California Air Resources Board and the US EPA which account for approximately 80 percent of the ozone precursor emissions in the Basin (www.agmd.gov/a(imo/). The project is not anticipated to conflict with or obstruct implementation of the 2003 AQMP. There will be no impact. The federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table 1 and described in detail below: DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION e`' ¢ MAY 23, 2007 - 11 DESTINATION RAMON WEST, LLC, INI.. .. STUDY/NEGATIVE DECLARATION Table 7 Federal and State Ambient Air Quality Standards Source:California Air Resources Board,"Ambient Au Quality Standards,'January 25, 1999 ppm - parts per million pgfm'- micrograms per cubic meter Pollutant Averaging Time Federal Primary Standard Stale Standard Ozone(03) 1-Hour 0.12 ppm 0.09 ppm 8-Hour 0.08 ppm — Carbon Monoxide(CO) 8-hour 9.0 ppm 9.0 ppm 1-hour 35.0 ppm 20.0 ppm Nitrogen Oxide(NOx) Annual 0,05 ppm — 1-hour — 0.25 ppm Sulfur Dioxide (SO2) Annual 0.03 ppm — 24-hour 0.14 ppm 0.05 ppm 1-hour — 0.5 ppm PM10 Annual 50ug/m 30/2g/m 24-hour 150 ug/m' So ug/m3 PM2.5 Annual 15ug/m — 24-hour 65,ug/m' — Lead 30-day Avg. — 1.5/2g/m Month Avg. 1.5 ug/m' Ozone(03)is t e moll prevalent c ass of photochemicaloxidants formed in the urban atmosphere- The creation o atone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants,ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons, known as ozone precursors, are combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the build-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter. The most significant source of carbon monoxide is gasoline-powered automobiles, as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides (NOx) the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollutant problems including: high levels of fine particulate matter, poor visibility and acid disposition. Sulfur Dioxide(502) results from the combustion of high sulfur content fuels. Fuel combustion is a major source of SO2, while chemical plants, sulfur recover plants, and metal processing are minor contributors. Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight- S02 levels are generally higher in the winter than in the summer(when sunlight is plentiful and sulfate is more readily formed). Particulate Matter(PM10 and PM2.5) consists of particles in (he atmosphere as a by-product of fuel combustion, through abrasion such as tire wear, and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PM10 refers to finely divided solids or liquids such as soot, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs Fine particles are those less than 2.5 microns in diameter and are also referred to as PM2.5. Lead is found in old paints and coatings, plumbing and a variety of other malerials. Once in the blood stream, lead can cause damage to the brain, nervous system,and other body systems Children are most susceptible to the effects of lead. The South County Au Basin and Riverside County portion of the Salton Sea Au Basin are in attainment for Federal and State standards for lead. The SCAQMD has established significance thresholds for operational and construction-related emissions. Daily and quarterly thresholds are established. Since a project's quarterly emissions are determined by averaging over a 3-month period (including only actual working days), It is possible to not exceed the quarterly thresholds while exceeding the daily thresholds shown in Table 2. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 nZ 12 OG0DS� I DESTINATION RAMON WEST, LLC Ni. _S7UDY/NEGATIVE DECLARATION Table 2 Emissions Significance Threshold Criteria Pounds/Day) Pollutant CO ROG NOx S02 PM10 Operational Emissions Pounds/Day 1 550 1 55 55 150 150 Construction Emissions Pourids/Uay 1 550 175 100 750 150 Source:5CQAMD,CEQA Air Quality Han oe ,Novem er 1993 Projects in the Coachella valley with peak(highest daily)operation-related emissions that exceed any of these emission thresholds should be considered significant. The project has been analyzed with the URBEMIS Air Quality Program and the following results have been calculated and displayed in Table 3. Table 3 Expected Project Emissions (URREMIS) Pollutant CO ROG NOx S02 PM10 Operational 9,92 1.05 .94 .01 .84 Emissions (Ibs/da ) Construction 1.14 33.7 -04 .00 .02 Emissions(lbs/da ) Area Emissions 1.43 46 81 .00 .00 (Ibs/da ) Area + 11.33 1.51 1.75 .01 ,86 Operational Emissions (Ibs/da ) These calculations indicate that the proposed project is well below the thresholds of Significance outlined above- The project's proposed land use is consistent with the existing City General Plan and Zoning. When adopted in 1993, the City Council adopted a Statement of Overriding Consideration regarding air quality. This statement acknowledges that it Is not feasible to reduce City-growth impacts to air quality to a level of significance at this time. The project will also be consistent with the South Coast Air Quality Management District CEQA Air Quality Handbook. Since the project site is located within a non-attainment area for ozone and particulate matter (PM10), it is important to minimize air pollutant emissions associated with the project. Primary sources of pollutants will be construction fugitive dust, patron vehicle exhaust and evaporative emissions from fueling. Practically all of the fugitive dust impacts will occur during the earth-moving phase of construction for the commercial structures. The project developer will be required to complete a Stormwater Pollution Prevention Plan SWPPP/PM10 Plan that must be prepared and implemented to the satisfaction of the City Building and Safety Department. The Plan must be consistent with the approved AQMD standards intended to minimize health hazards. Sensitive Receptors are generally defined as people that are of the highest risk of respiratory problems from emissions. Sensitive receptors are often times associated with schools, hospitals, convalescent homes, etc. The site is located within a commercial / industrial zone and the nearest potential sensitive receptors would be residential development around the westerly and northerly portions of the site. As discussed above, the proposed project is not anticipated to generate substantial pollutant concentrations and will not create objectionable odors beyond those associated with common construction activities and approved commercial uses (diesel fumes, etc.) DESTINATION RAMON WEST, LI.C, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 20(�0 r7� (1 { •" 73 0 x DESTwnnON RAMON WEST, LLC, INI7 Stt)OY/NEGATIVE DECLARATION Between the URBEMIS calculation resulting in a predicted outcome less than that of the Palm Springs General Plan, the impact of this project will not be significant, t t Less Than Significant 1 Potentially With Less Than 1 Significant Mitigation Significant, 1 Impact Incorporated Impact No Impact 1 IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies El ® ❑ ❑ or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Came or U.S- Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited El El Elto, marsh, vernal pool, coastal wetlands, etc.), Rl through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a) Less Than Significant with Mitigation. The project may have a substantial adverse effect, either directly or through habitat modifications, on a species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Development of the project site will eliminate naturally occurring habitat on the project site. The project site is surrounded on four sides by human- caused disturbances (existing commercial projects). Native plants or terrestrial animal species can disperse on or off the project site only along the southern boundary. As indicated by the biological assessment conducted by James W. Cornett, the project site is located within the geographical region known as the Colorado Desert. There are listed plant species expected from the project site or surroundings. There are no officially listed animal species expected on the project rile that would not be detected because of the time of year in which the surveys were completed. The site lies within the fee area as designated in the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. In historical times, the project location was habitat For the lizard. In addition, DESTINATION RAMON WEST, LLC, INITIALSTUpY/NEGATIVE OF.CLARATION MAY 23, 2007 ko r"� 14 Ltrfl© JJ F V DESTINATION RAMON WESI, LLC INIt,­,STUDY/NEGATIVE DECLARATION according to the Biological Survey, the project site is a potential habitat for the Coachella Valley milkvetch, a federally listed endangered species. In addition, the biological assessment concludes that the project will have negative indirect impacts on the surrounding biota. There are three mitigation measures proposed to lessen the secondary impacts to wildlife: MM IV-1 Pay the required mitigation fee to the City of Palm Springs as part of the Coachella Valley fringe-toed lizard mitigation plan and mitigation for other listed and sensitive species MM IV-2 The Developer shall initiate a consultation with the U.S. Fish & Wildlife Service on mitigation for the Coachella Valley milkvetch. MM IV-3 The landscape shall be made of species native to the immediate region b) The site is identified as not having any natural community that could be affected by the project. Therefore, the project would not have an adverse effect on any riparian habitat or other sensitive natural community. c) Section 404 of the Clean Water Act regulates the dredge and/or fill of waters and wetlands in the United States, specifically relating to how these activities may cause an adverse effect to, or loss of, federal wetland/water resources. Regulatory responsibility falls under the jurisdictional authority of the U.S. Army Corps of Engineers (ACOE). Under Section 404, any development or activity which may result in temporary or permanent impacts to these federally-protected resources must prepare a Pre-Construction Notification for review, and potential permitting, by the ACOE_ The site does not contain any wetland areas or waters. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) The project site is located within an already-improved area of the city and is surrounded by already- constructed street improvements. The existing infrastructure is more likely to have an impact on wildlife movement than the proposed project as the site is completely surrounded by the existing improvements. No impact is anticipated. e) The project does not propose the removal or disturbance of sensitive biological resources or landmark trees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) The City of Palm Springs does not have an adople.d Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Therefore, the project would have no significant impact on these types of plans. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 15 � �aU '>L71ry �1<m aMp• W 71N I TIVE DF DES A710N RAMON WEST, l.C, INIL....STUDYINFCA .CL ARATI ON Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact' Incorporaled Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to " 15064.3? c) Directly or indirectly destroy a unique Q ❑ ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ nterred outside of formal cemeteries? a-d) No Significant Impact The General Plan for the City of Palm Springs indicates there should be no impact to prehistoric archeological resources as a result of this project. The Agua Caliente Band of Cahuilla Indians utilized a vast territory beyond the bounds of the existing reservation. The possibility of finding human remains does exist in this area. In accordance with Public Resources Code 5.097.94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendants for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. Due to the proximity of Tribal lands, there is the potential for previously undiscovered cultural resources to be discovered during the project construction and site grading activities. Tribal interests in such previously undiscovered resources prescribe the following Conditions of Approval: 1. An Archeologist qualified according to the Secretary of Interior's Guidelines shall perform a record search of the proposed project are, to be conducted prior to the initiation of construction 2. A Cultural Resource Monitor, designated by the Agua Caliente Cultural Resource Office, shall be present during all ground-disturbing activities. Should buried deposits be encountered, the Cultural Resources Monitor shall have the authority to halt construction and notify a Qualified Archeologist (Secretary of the Interior's Standards and Guidelines) to prepare a mitigation plan for submission to the City, State Historic Preservation Officer and the Agua Caliente Cultural Resource coordinator for approval and any repatriation of cultural materials to be done in cooperation with the Agua Caliente Band of Cahuilla Indians. Adherence to the Conditions of Approval identified above will ensure there are no significant impacts to cultural resources. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION crl,� MAY 23, 2007 (n1 16 DESTINATION RAMON WEST, LLC INI I,,.L STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Lees Than Significant . Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ 0 ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 15-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or properly? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El El Eldisposal systems where sewers are not available for the disposal of wastewater? a) i) The geology of the Coachella Valley is dominated by the San Andreas Fault system. Palm Springs is located near two major fault syslems. The banning fault is located approximately seven miles northwest of the site. The San Andreas Fault Zone is located about eighteen miles southwest of the site. However, the proposed project is not located within an Alquist- Priolo earthquake hazard zone and there are no known faults crossing the site. ii) Any major earthquake damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural failures. Local soil conditions, such as topography, soil Strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Seismically induced shaking and some damage should be expected to occur but damage should be no more severe in the project area than elsewhere in the region. Therefore, no impact would occur. iii) There are no known geological hazards caused by ground failure or liquefaction which would prevent use of the site. Therefore, no impact would occur. iv) The ground Is level and slightly sloping to the east; approval of the project would not expose people or structures to potential landslides. Therefore, no impact would occur. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION o�erw^� MAY 23, 2007 77 0000 `� a . DESTINATION RAMON WEST, LLC, INI I-L STUDY/NEGATIVE DECLARATION b) Existing codes regulate land grading and erosion control if and when construction occurs during winter months (November-March). Therefore, no impact would occur. call See items a and b, above. e) The proposed project will require a soils report to be submitted to the Departments of Building and Safety and Engineering to ensure the integrity of required sewer connections. The analysis of the study will determine the type of construction of the building and will ensure that there is no significant impact. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION nwb's"MAY 23, 2007 ,8 6C63 DESTINATION RAMON WEST, LLC INI,. -STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Legs Than - Significant Mitigation Significant Impact Incorporated Impact .No Impact Vil. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, Use or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El El ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is Included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ® El El use airport, would the project result in a safety hazard for people residing or working in the project area? 6 For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, Injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ 0 urbanized areas or where residences are intermixed with wildlands? a-b)The proposed project consists of two commercial-retail buildings. Both of the proposed tenants (Best Buy — an electronics retail store, and Staples — an office supply retail store) are not of hazardous nature. It is possible that there could be future uses which will store hazardous chemicals on the site at some time. However, all materials will be required to be handled and sold in accordance with all local, state and federal hazardous materials guidelines. Any business that transports, uses, or stores hazardous chemicals will require permitting through the appropriate agencies. All operating businesses arc inspected yearly by the Palm Springs Fire Department for compliance with Fire Codes. Compliance with Fire Department and Building Occupancy Classifications will ensure that there is a less than significant impact from the project. c-d)The project site is not included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. No impact would occur. oa..w DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 DESTINATION RAMON WE5T, LLC, INI I:,-STUDYNECATIVE DECLARAI ION e) The site is located southeast of the Palm Springs International Airport near the intersection of Ramon Road and Gene Autry Trail, which is one of the most heavily traveled intersection roads in the valley. The site is undeveloped and the noise is generated by aircraft takeoffs and landings and by vehicle traffic. q The nearest airport is the Palm Springs International Airport located directly northwest of the project site. The Federal Aviation Administration (FAA) is processing an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77. The aeronautical study will conclude if the structure does or does not exceed obstruction standards and whether the project's building height would be a hazard to air navigation. If the FAA determines the project is not a hazard to air navigation, conditions of such approval may be required. The applicant is aware that the project is contingent upon receiving FAA form 7460 approval. If the FAA approves the proposed project, the applicant shall adhere to any additional imposed FAA conditions. If the FAA does not approve the proposed project, the City's approval shall become null and void. g) The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological accidents. The Plan focuses on operational concepts relative to large-scale disasters, which can pose major threats to life and personal property requiring unusual emergency response. The proposed project will have no impact on the City's ability to implement the Plan. h) The project is being proposed within an established industrial tract with existing improvements. Therefore there is no impact anticipated from wildland fires. MM VII — 1 The proposed project shall be subject to any conditions of approval recommended by the FAA. DESTINATION RAMON wES'f, LLC, INITIAL STUDY/NEGATIVE DECLARATION On" MAY 23, 2007 zo t I I I DFSTINAYION RAMON WEST, I.LC INh_,.STUDY/NEGATIVE DECLARATION I I - TekN Than Significant • • Potentially ,With Less Than Significant Mitigation significant Impact Incorporated Impact' No'Impact Vlll. HYDROLOGY AND WATER QUALITY. Would the project- a) Violate any water quality standards or waste El 0 El requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater ❑ El table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ IR increase the rate or amount of surface runoff in a manner that would result In flooding on-or off-sile? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ slormwater drainage systems or provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water quality? ❑ ❑ [] g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ElFlood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures El El that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a,e) The project would be required to meet all applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. All water runoff from the site will be channeled to the two retention basins constructed on-site. Wastewater will be directed to the City of Palm Springs sewage system. b) According to the Coachella Valley Water District there is sufficient water to serve the needs of the approximately 50 full-time employees anticipated to work at the proposed commercial establishment. The proposed project will neither deplete nor interfere with the with groundwater recharge- No impact is anticipated. c-d)The project would not alter the course of any stream or river, as none are located on-site or in the immediate vicinity of the site. Therefore, no impact would occur. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION 04"' . MAY 23, 2007 21 (��'I �'{OOV0Ll6 DESTINATION RAMON WFST, LLC, INI i­�.STUDY/NEGATIVE DECLARATION fl No additional impacts to water quality are anticipated. g-h)The Palm Springs Zoning Map Indicates areas within the 100-year floodplain with a Watercourse (W) prefix. The proposed project site and the surrounding areas are not within a designated floodplain area. Being outside of the reach of a 100-year flood, no impact is anticipated. i) The Palm Springs General Plan Environmental Impact Report does not identify flooding as a result of levee or dam failure as having a potential to expose people or structures to a significant risk of loss injury or death in the City of Palm Springs. Therefore, no impact would occur. j) The City of Palm Springs is not located in an area subject to seiche, tsunami, or mudflow. Therefore, no impact would occur. Less Than Significant potentially With ,LeSF,7han Significant ,Mitigation. Significant Impact Incorporated „ Impact •.No Impact IX. LAND USE AN[) PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ 0 b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general El El El plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation El ❑ ❑ plan or natural community conservation plan? a) The project is proposed within an existing commercial area on existing lots of record. The development pattern of the buildings is consistent with that of the rest of the surrounding and no impact would occur. b) The proposed project would be consistent with the allowable uses within the IND (Industrial) General Plan land use designation. The project is consistent with the M-1 zone land-uses which specifically allow "large scale service retail outlets" pursuant Section 92.17.01(A)(1) and Section 92.16.01(C)(3) of the Palm Springs Zoning Code. Therefore, no impact would occur. c) The City of Palm Springs has not adopted the Coachella Valley Multi-Species Habitat Conservation Plan or any other HCP. The project would not conflict with an applicable habitat conservation plan or natural community conservation plan. No Impact would occur. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION .>w MAY 23, 2007 C� *z DFSTI NATION RAMON WEST, LLC INI,,„L STU DY/NEGATIVE DECLARAI ION Less Than Significant Potentially With Less Than Significant Mitigation. Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss,of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important © ❑ ❑ mineral resource recovery site delineated on a local 21 general plan, specific plan or other land use plan? a-b) No significant mineral resources have been Identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 1992) has not identified any mineral resources in the planning area. Therefore, no impact on mineral resources would occur. Less Than ` Significant Potentially With Less Than - Significant Mitigation Significant' Impact Incorporated Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ local general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a El El ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise ❑ ❑ ❑ levels? a,b,d) Construction and site grading activities associated with the proposed project will produce temporary increases in the ambient noise level in the immediate vicinity of the project site. HAWDESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION 4 MAY 23, 2007 23 DESTINATION RAMON WEST, LLC, INI, STUDY/NEGATIVE DECLARATION Construction activities are regulated by City Ordinance 1581, which limits Construction activities to 7AM-7PM Monday through Friday, 8AM-5PM Saturdays, and prohibits construction activities on Sundays and major holidays. Adherence to this ordinance will ensure that no impact would occur. All provisions of the City Noise Ordinance apply to the site and the residents of the condominiums. Since the project Is consistent with the requirements of the Zoning Code, the use will not exceed the parameters of the noise ordinance. The performance standards outlined in the M-1 Zone provide a maximum threshold for noise from the project. Consistency with the requirements of the Zoning Ordinance will ensure that no impacts will occur. c) No increase in noise over the approved limits of the Palm Springs Noise Ordinance is anticipated. The proposed project would not be exposed to excessive noise from neighboring uses. Therefore, the impact is not considered significant. e-f) The proposed project has not been listed in the airport noise overlay within the City of Palm Springs Zoning Map. The project is not within the Palm Springs International Airport Land Use Compatibility Plan. Therefore, the impact is not considered significant. .. Less Than Significant ,. Ptitentially' .With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and El Elbusinesses) or indirectly (e.g., through extension of El roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ 23 housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) The project is a commercial development and will not directly create new housing units. While there might be workers relocating to the valley to work for the business, due to the small size of the structure, that impact is not considered significant. b-(;)The project site is currently vacant and located within a commercial area. There would be no impact on existing housing. DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 ,� Ly O n F 924 V CI DESTINATION RAMON WEST, LLC INI,...,STUDY/NEGATIVE DECLARATION Less Than Significant -- - - Potentially With Lees Than Significant Mitigation Significant .Impact- Incorporated Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the Construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? 1:1 ❑ ❑ lZ a) The Palm Springs Fire Department has established conditions of approval to ensure that there is no significant impact on the fire Department's ability to service the community to their standard level of service. Both fire sprinklers and hydrants will be required of the project. Therefore, the project will have no significant impact- b) The project site is located within the service area of the City of Palm Springs Police Department (PSPD)- P5PD currently has adequate staff resources to provide police protection services as needed to the proposed project. No impact on police levels of service are anticipated. c) The proposed project is subject to school fees to be paid prior to issuance of a building permit. No significant impact is anticipated. d) The proposed project is will not increase the number of residents in the city and will not contribute to the use of parklands- The project will have no significant impact on the City's parks. e) The proposed project would not create any significant impact to the service levels of other public facilities- Therefore, no impact would occur. DESTINATION RAMON WEST, -LC, INITIAL STUDY/NEGATIVE DECLARATION d� pc MAY 23, 2007 a 25 nn ��II DESTINATION RAMON WEST, LLC, INI...,_STUDY/NEGATIVE DECLARATION Less Than ' - Significant Potentially with Lesg Than Significant Mitigation Significan Impact Incorporated ,t Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? a-lb)The proposed project is a commercial use and would not increase the demand for recreational facilities- Thin LeS9 Significant Potentially with 'Liss Than Significant "M"itigalion Significant Impact Incorporated Impact No Impact XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street System (i.e., result in a substantial El ❑ El in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ El El management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design Feature (e.g., sharp curves or dangerous El El intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ N fl Result in inadequate parking capacity? ❑ ❑ ❑ N g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ N turnouts, bicycle racks)? a-b) Impacts to traffic resulting from the proposed project will be consistent with the levels of service anticipated for the infrastructure of the commercial area. The proposed project would be accessed DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 26 �rRoaN`P DESTINATION RAMON WEST, LLC INI_1. _STUDY/NEGATIVE DECLARATION from Ramon Road and Gene Autry Trail; these two roads are designated as Major Thoroughfare by the Palm Springs General Plan Circulation Element which was designed to accommodate traffic anticipated to adequately service the location. There will be no significant impact on the levels of service(LOS)for the area. c) The proposed project does not include any components that could impact air traffic operations. Although the proposed site is located within the path of travel of aircraft arriving to the Palm Springs International Airport the building height will be consistent with the development standards of the zone and therefore, no significant impact is anticipated. d-e) The proposed project will not substantially increase hazards due to a design feature. Emergency access to the project site will comply with the requirements identified by the City Fire Department. f-g) The project is consistent with the requirements within the Palm Springs Zoning Ordinance for off- street parking. The project will have less than one hundred employees to require specific Transportation Mitigations as described by Chapter 8.40 of the Palm Springs Municipal Code. Therefore, no significant impact will occur. Less Than , Significant, Potentially With Less Than Significant Mitigation , Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El0 applicable Regional Water Quality Control Boardt b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing El ❑ facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ® ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state and local statutes and regulations related to solid waste? ❑ ❑ 0 a) The project will be required to comply with all elements of Chapter 8.70 of the Palm Springs Municipal Code governing waste-water discharge and storm-water management. Therefore, no significant impact is anticipated, N ewiMDESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION c MAY 23, 2007 DESTINATION RAMON WEST, LLC, INI i. -STUDY/NEGATIVE DECLARATION b) The Desert Water Agency has indicated that there is sewer service in the area. Therefore, there is no significant impact. c) The proposed project would not result in a need for additional storm-water facilities or expansion of existing facilities; the proposed project site contains such infrastructure. d) The Water District has indicated that they will be able to service water to the proposed project. As part of the district's service, the project is required to comply with the District's guidelines and policies and adherence to the policies will insure that there would be no significant impact. e) The project will be required to provide a private sewer system which will be consistent with required Building Codes. f-g) The City of Palm Springs contracts with Palm Springs Disposal Services (PSDS) for solid waste collection services. Solid waste generated in the area is disposed of at the Edom Hill landfill or the Coachella landfill. As of the 1993 General Plan, these landfills were anticipated to have a remaining life of 30 years and 26 years respectively_ The proposed project would not generate a significant quantity of solid waste. Therefore, no significant impact would occur. LL•s Than Significant With pofenliaty Miligdtion Less Than Significant Iricorporate Significant Impact d Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish of wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are El Elconsiderable when viewed in connection with the effects of past projects, the effects of other Current projects, and the effects of probable future projects. c) Does the project have environmental effects [hat will cause substantial adverse effects on human ❑ ❑ ❑ beings, either directly or indirectly? a) The proposed project would not degrade the quality of the environment; result In an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because the project components do not include any construction or development on areas that are not identified as sensitive. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are (mown to exist in the proposed project areas. The project is proposed to occur in an existing industrial tract, and does not propose any construction, development or grading DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION .w MAY 23, 2007 �P`� 28 �(Jf� 7j DESTINATION RAMON WEST, LLC INi,,. .STUDY/NECATIVE DECLARATION activities in which cultural or historic resources would be anticipated to be discovered. Further, project implementation includes compliance with appropriate procedures for avoiding or preserving artifacts or human remains if they are discovered. b) The proposed project would be consistent with the City's General Plan and would not create any significant impacts. All project impacts would be reduced by adhering to basic regulatory requirements and/or conditions of approval. c) The proposed project would not have any direct or indirect adverse impacts on humans_ DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION i MAY 23, 2007 C N 29 DESTINAI ION RAMON WEST, LLC, INI. ,STUDY/NEGATIVE DECLARATION REFERENCES 1) City of Palm Springs. City of Palm Springs Draft Environmental Impact Report, December 1992. 2) City of Palm Springs. City of Palm Springs General Plan, 1992. 3) City of Palm Springs. City of Palm Springs Zoning Code, 2004. 4) South Coast Air Quality Management District. CEQA Air Quality Handbook, 1993. 5) U.S. Code of Federal Regulations, Title 23, Chapter 26, Subchapter IV. "Clean Water Act", 1994. 6) Government Code Section 65962.5(fl. "Hazardous Waste and Substances Statement". 7) Environmental Assessment. 488 Environmental, December 2003 8) Biological Assessment & Impact Analysis,James W. Cornett, Ecological Consultants, 2003 DESTINATION RAMON WEST, LLC, INITIAL STUDY/NEGATIVE DECLARATION MAY 23, 2007 ur y `y,_ OF p A C/vl Sp City of Palm Springs V u+ Office of the City Clerk 3200 G Tahquiiz Canyon Way ° Palm Springs, California 92262 CILIPC)RNWP Tcl: (760)323-8204 e Fax (760) 322-5322 • Web www.palmsprings-u.gov AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by D.R. West, LLC to subdivide approximately 6.54 acres into three parcels for commercial and retail use, was mailed to each and every person set forth on the attached list on or before the 51h day of July, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (25 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 11th day of July 2007. MES THOMPSON City Clerk lkdh Affidavit ❑R West 07-25-07.doe Posr Office Box 2743 ° Palm Springs, California 92263-2743 ©� F NEIGHBORHOOD COALITION REPS MR PETE MORU771 Case TPM 35507 MODCOM AND PALM SPRINGS MODERN COMMITTEE D.R.West,LLC HISTORIC SITE REP 1 1 1 PO BOX 4738 PHN for CC Meeting 07.25.07 PALM SPRINGS CA 92263-1738 CITY OF PALM SPRINGS CASE TPM 35507 PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS VERIFICATION NOTICE II 1 1 ATTN SECRETARY 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 11 I I I I INDIANS 777 E TAHQUITZ CANYON WAY, STE.3 PALM SPRINGS CA 92262 MR JOSEPH G. MARINKO - 0, R. WEST, LLC FEIRO ENGINEERING, INC. SPONSORS 73-111 EL PASEO, SUITE 209 P.O. BOX 12980 PALM DESERT, CA 92260 PALM DESERT, CA 92260 USA 680(BIA) US DEPT.OF INTERIOR WASHINGTON, DC 21401 MR TIMOTHY J. HUGHES DANIELS, FINE, ISRAEL INTERESTED.PARTIES SCHONBUCH &LEBOVITS, LLP 1801 CENTURY PARK EAST, 9TH FL. LOS ANGELES, CA 90067 Y' a� 1� 677-280-040 677-420-032 677 .420-033 City Of Palm Springs Redevelopment Agency City Of, Endure Investments Llc PC Box 2743 3200 E TahquD.tz Canyon Way PO Box 5357 Palm Springs, CA 92263 Palm Springs, CA 92269 Beverly Hills, CA 90209 600-101-003 680-101-005 680-1O1-022 Michael S Hoffman Michael S Hoffman N & S C.r.D.safi 650 5 Eugenc Rd 650 S Eugene Rd 1241 WhiLehorn Way Palm Springs, CA 92264 Palm Springs, CA 92264 Burlingame, CA 94010 680-101-023 680-101-029 680-101-030 Michael S Hoffman Michael S & Sheila Hoffman Michael S Hoffman 650 S Eugene Rd 650 S Eugene Rd 650 S Eugene Rd Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 680-101-032 680-101-033 680-101-035 City Of Palm Springs City Of Palm Springs Michael S Hoffman PO Box 2743 PO Box 2743 650 S Eugenc Rd Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92264 680-103-002 680-103-007 680-103-008 Michael. S & Sheila Hoffman Michael S & Sheila Hoffman Whii_chead Prop 650 Fugene Rd 65C S Eugene Rd 4511 Sunny Ounes Rd B Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264 680-103-010 680-170-017 *** 17 Printed *** Dennis I Rosenberg Todd F Burgess 3666 E Pasco Barbara 770 S Gene Autry Trl Palm Springs, CA 92262 Palm Springs, CA 92264 I 69ZZ6 KO 's6ucxdg uAr2a PL: uoumrl B TN9 vT$ Vsfj xra pa'4u?sd [ 960-0!_Z-089 PROOF OF PUBLICATION This is space for'Coullry dcrk.s-riIidgSlamp (2015.5.C.C.P) 4 —4 ll 9: 07 STATE OF CALIFORNIA No.2133 NOTICE OF PUBLIC HEARING County of Riverside CITY OFFT PALMSPRINGS TENTATIVE PARCEL MAP W507 U.R. WEST LLC. LOCATED AT THE SOUTHEAST-CORNER OF- GENE AUTRY TRAIL AND RAMON ROAD NOTICE Is HEREBY GIVqEN Thai the City Council I am a citizen of llac United States and a resident of of theCRY Ofedits meeet9rn�g California f JWr 29,2007.The the County aforesaid;I am over the age of eighteen Council Chhamber atgOuyy His at 6:�0 p.m„_lb-the Canyon Way, PalmSprl,O a1h3200 East Tahquitz years,and not a party to or interested in the pp - above-entitled matter.I am the principal clerk of a The FlurPnae of this hearing rs to consider an ap, motel e. y D.R.West LLC to subdlvldo approxi- printer of the,DESERT SUN PUBLISIIING Y 54 ecrpe into three parcels for commer- cial and reiall use.'rho sub]oct at Is located at COMPANY a newspaper of general circulation, then6ROseast corner w M ben e-uT pprall and pa- printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by thei`711L Superior Court of the County of Riverside,State ofCalifornia under the date of March 24,1988-CaseNumber 191236;that the notice,of which theannexed is a printed copy(set in type not smallerthan non pariel,has been published in each regularand entire issue of said newspaper and not iu anysupplement thereof on the following dates,to wit: July 6 ,7007 , - --- All in the year 2007 FNVIHONMENTAL DETERMINATION: A Draft Mitigated Nogailve Declaration was pspared for this project under the guidellneg of toe Callfornla Environmental Quellryry Act CEQA) and will be re- I certify(or declare)under penalty of perjury that the viewed by the Clry Deunci�at the hearing. Mem- b,Ns of the public may view Ill..document at the foregoing is true and correct. Planninq Services popartment Cltyy Hall,3200 Esyl Tahqultz Canyon Way Palm Spnh e, end- Dated at Palm Springs,California this----6"',---day Council written ee ingcommonta a or prior to �Ta ciry REVIEW OF PRp,IECiJNEORMATIOq;The staff Of----- July ---------- Zt11)7 rappop and otherzupportmg documents regarding ---- Hall beltweon fie hours for 80olcamvle ndlC l pp I. Monday through Fridayy. Please contact the / \ Office of the City Clark at `700)323.8204 If you / woultl Ilke to schedule an appointment to review these documents,this na COMMENT eySadeLeba�aRP ut icmabemvrll i Cnbse Hearing and/or In writing before the hearngg Writ- ten comments may be made to the City(louncll by(utter,Tor mall or hand delivery)to: James Thompson City Clerk 3200 E.Tahquh%Canyyon Way Palm Springs. CA 92262 Any yy Challenge of the proposed project In court atathe be neari to ng(described m this notice, or In wrilen correspondence delrveraq to the City Clerk at, or prior to the ppublic hearing. (Gavern- front Code section 650pg[b][2]). An opponunity will be given at aalq hearing for all Interested persons to be heard.Questions he hit. ein4sthe case may be directed to Edward O.pob- on, Planning ServiCos Department, at 760-3�3.8245. SI neceslta ayuda Con esta carts,parfavor llame e la Ciudad de Palm Spnngs y puede habiar con Nadine Fieger teiefollc (760)323-8245. Published:7/0/2007James Thompson,OilyCidrk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS TENTATIVE PARCEL MAP 36507 D.R. WEST, LLC LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 25, 2007. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by D.R. West, LLC to subdivide approximately 6.54 acres into three parcels for commercial and retail use. The subject site is located at the southeast corner of Gene Autry Trail and Ramon Road, Zoned W-M-1, Section 20. ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward 0. Robertson, Planning Services Department, at 760-323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. James Thompson, City Clerk s" m Department of Planning Services w N E Vicinity Map s RAMON RO I a' u u, x u, c� I Legend ON r ® Sit e 400 Radius CITY OF PALM SPRINGS CASE NO: TPM 35607 DESCRIPTION: To consider an application by D.R. West, LLC to subdivide approximately APPLICANT: D.R. West, LLC 6.54 acres into three parcels for commercial and retail use, The subject site is located at the southeast corner of Gene Autry Trail and Ramon Road, Zoned W-M-1, Section 20. APN: 680-170-044.