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7/5/2017 - STAFF REPORTS - 1.F.
O� PALM sA* V � C4UFORN�' City Council Staff Report Date: July 5, 2017 CONSENT CALENDAR Subject: APPROVAL OF TRACT MAP 31095 (THE "BOULDERS" PROJECT) AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH GRIT DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY Van Surveying, Inc., representing Grit Development LLC, a California limited liability company, has requested approval of a final map for Tentative Tract Map 31095 to subdivide a vacant 30.4 acre parcel into 45 single family residential lots. Approval of a final map for Tentative Tract Map 31095 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City's ministerial approval of the final map. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 31095 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH GRIT DEVELOPMENT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG WEST VIA ESCUELA, SOUTH OF RACQUET CLUB ROAD AND NORTH OF CHINO CANYON ROAD, IN SECTION 3, TOWNSHIP 3 SOUTH, RANGE 4 EAST." BACKGROUND: At the November 7, 2007, City Council meeting, the City Council adopted Resolution No. 22063 certifying a Final Environmental Impact Report (FEIR), adopting a Statement of Overriding Considerations, and approving Tentative Tract Map 31095 (TTM 31095) for the subdivision of 30.4 acres into 45 single family residential lots. A full copy of Resolution No. 22063 is included as Attachment 1. TTM 31095 is also referred to as the "Boulders" project. At the time TTM 31095 was submitted to the City for review and approval, the applicant was simultaneously processing a separate entitlement to subdivide 42 acres of land ITEM NM F City Council Staff Report July 5, 2017- Page 2 Approve Tract Map 31095—"Boulders" located on the north side of W. Racquet Club Road, identified as the "Crescendo" project (Tentative Tract Map 31766, Planned Development District 294, Case No. 5.0996 — PD 294). A draft Environmental Impact Report was submitted, publicly reviewed, and approved that addressed the cumulative environmental impacts associated with construction of these two simultaneously processed entitlements, both the "Boulders" and "Crescendo" projects. Figure 1 shows the location of the "Boulders" (outlined in blue), "Crescendo" (outlined in red), and the recently completed Desert Palisades development located within the Little Tuscany Neighborhood area. Figure 1 The "Crescendo" project was also approved by City Council on November 7, 2007, but by separate action with adoption of Resolution No. 22064 — each of the City Council's approvals of the entitlements for "Crescendo" and "Boulders" were separate and distinct from the other discretionary approval. Following the City's discretionary approvals for the "Crescendo" project, legal action was filed against the City's approvals specifically related to the "Crescendo" project, and in May 2008, a Settlement and Release Agreement (the "Settlement Agreement") was 02 City Council Staff Report July 5, 2017 - Page 3 Approve Tract Map 31095—"Boulders' approved by the City thereby eliminating the related legal challenges. Although extensions of time to the discretionary entitlements for the "Crescendo" project authorized by the Settlement Agreement were granted, on October 5, 2016, the City Council heard on appeal a request for an extension of time related to PD-294 associated with the "Crescendo" project, and took action to deny the appeal, thus terminating the associated PD-294 entitlement.' The legal challenge, subsequent Settlement Agreement, and recent action taken by the City Council resulting in the expiration of PD-294 associated with the "Crescendo' project, are unrelated to and in no way affect the `Boulders' project. The only discretionary entitlement associated with the 'Boulders" project is the Tentative Tract Map (TTM 31095), which had an original expiration date of November 7, 2009. However, during the great economic recession, the California Legislature enacted four separate laws granting automatic extensions of time for any valid Tentative Tract Map, as follows: • Senate Bill 1185 (2008), applicable to TTMs expiring before January 1, 2011, and extended the expiration date by one year • Assembly Bill 333 (2009), applicable to TTMs expiring before January 1, 2012, and extended the expiration date by two years • Assembly Bill 208 (2011), applicable to TTMs expiring before January 1, 2014, and extended the expiration date by two years • Assembly Bill 116 (2013), applicable to TTMs expiring before July 11, 2013, and extended the expiration date by two years Therefore, by actions taken by the California Legislature, the expiration date of TTM 31095 for the `Boulders' project was automatically extended by 7 years, from November 7, 2009, to November 7, 2016. On May 11 , 2016, the City Engineer received a timely filing of the final map for TTM 31095, including all related improvement plans (rough grading, street improvements, sewer improvements, storm drainage improvements, etc.). Subsequently, from May 2016 through June 2017, the final map and related improvement plans have been reviewed by the City Engineer and are now ready for City approval. Although TTM 31095 officially expired on November 7, 2016, state law allows for subsequent actions associated with the Tentative Tract Map to be approved provided that a timely filing of the final map was made to the City Engineer prior to the expiration date of the Tentative Tract Map. 1 Although PD-294 has expired, the associated Tentative Tract Map 31766 remains valid, and is currently enjoying the 3 year extension of time granted pursuant to the Settlement Agreement, which commenced upon exhaustion of the state-mandated 7- year Tentative Tract Map extensions of time automatically granted by the California 3 Legislature from 2008 through 2013. City Council Staff Report July 5, 2017 -Page 4 Approve Tract Map 31095—"Boulders" STAFF ANALYSIS: At its meeting of September 26, 2007, the Planning Commission recommended approval of Tentative Tract Map 31095, which was subsequently approved by the City Council, subject to conditions, on November 7, 2007. Van Surveying, Inc., representing Grit Development, LLC, a California limited liability company, (the "Developer"), timely filed a final map for TTM 31095 on May 11, 2016, requesting that the property located the west end of Via Escuela, south of Racquet Club Road and north of Chino Canyon Road, in Section 3, Township 3 South, Range 4 East, be subdivided into 45 single family residential lots. The project has been identified as the "Boulders" project; a site map is provided below and a Vicinity Map is included as Attachment 2. A copy of Tract Map 31095 is included as Attachment 3. t ON +���� f ■® 17r d� ��®finp �,yea�Rei NINEoil w■ i r7 ® i TM 31095 "Boulders" Site Map Tentative Tract Map 31095, approved November 7, 2007, had an initial expiration date of November 7, 2009, but enjoyed 7 years of automatic extensions granted by legislative acts from 2008 through 2013, further extending the expiration date to November 7, 2016. A timely filing of the final map for TTM 31095 was made to the City Engineer on May 11, 2016. Pursuant to state law (California Government Code Section 66452.6 [the "Map Act"]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map. 04 City Council Staff Report July 5, 2017 - Page 5 Approve Tract Map 31095—"Boulders" The full text of Section 66452.6 is included here for reference, with the relevant portion hi-lighted for emphasis: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) `Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any 05 City Council Staff Report July 5, 2017-Page 6 Approve Tract Map 31095—"Boulders" lawsuit in which the subdivider asserts, and the local agency which approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, includin-g, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (a) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 06 City Council Staff Report July 5, 2017-Page 7 Approve Tract Map 31095—"Boulders" (0 For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action prior to expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency which owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency which owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency which owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. State law further regulates the timing of the City Council's approval of a timely filed final map, which makes the action approving a final map ministerial in nature — not discretionary. Pursuant to state law (California Government Code Section 66458 (the "Map Act"]), the City Council is mandated to approve the final map, provided the final map conforms to the provisions of the Map Act and the City's Municipal Code applicable at the time of the City's conditional approval of the Tentative Tract Map. 07 City Council Staff Report July 5, 2017- Page 8 Approve Tract Map 31095—"Boulders" The full text of Section 66452.6 is included here for reference, with the relevant portion hi-lighted for emphasis: 66458. (a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meetinq at which it receives the map, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map. (b) if the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon. (c) The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map. (d) The legislative body may provide, by ordinance, for the approval or disapproval of final maps by the city or county engineer, surveyor, or other designated official. The legislative body may also provide, by ordinance, that the official may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. Any ordinance adopted pursuant to this subdivision shall provide that (1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval, (2) the designated official shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in (4) below, (3) the designated official's action may be appealed to the legislative body, (4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by a designated official, which notice shall be attached and posted with the legislative body's regular agenda and shall be mailed to interested parties who request notice, and (5) the legislative body shall periodically review the delegation of authority to the designated official. Except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division. On the basis that the final map for TTM 31095 was timely filed prior to expiration of TTM 31095, and the final map conforms to the requirements of the Map Act and the City's Municipal Code applicable at the time of the City's conditional approval of TTM 31095, the City Council is required to approve the final map —Tract Map 31095. 08 City Council Staff Report July 5, 2017 - Page 9 Approve Tract Map 31095—"Boulders" Pursuant to the conditions of approval, the Developer has offered for dedication to the City of Palm Springs the following public rights-of-way: • Easements for street and public utility purposes over lots "D" and "E" for Sanborn Way and Chino Canyon Road • Easements for public utility purposes, and right of ingress and egress and emergency vehicles and personnel over Lots "F" through "K", inclusive, identified as "private streets" • Easements for sewer, water and public utility purposes together with the right of ingress and egress for emergency vehicles over Lot 1" • Easements (15' wide) for public utility, sewer, water and storm drainage purposes identified as "P.U.E." over Lots 1 , 2, 3, 7, 8, 9, 10, 36, and 45 Construction of required public improvements associated with Tract Map 31095 has not been completed; an engineer's estimate of the cost of the public improvements to be completed is $7,600,000. In accordance with Section 66462 of the California Government Code, the Developer has requested that the City enter into a Subdivision Improvement Agreement securing the cost of those improvements not yet completed to the City's satisfaction. A copy of the Subdivision Improvement Agreement with associated securities is included in Attachment 4. The City Engineer has determined that required conditions of approval associated with TTM 31095 have been satisfied, that Tract Map 31095 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 31095 is ready for City Council approval. ENVIRONMENTAL IMPACT: TTM 31095 was considered a "Project" pursuant to the California Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency pursuant to CEQA, prepared a draft Environmental Impact Report (EIR) for TTM 31095. In accordance with the CEQA Guidelines, the City solicited comments on the proposed content of the Boulders and Crescendo Combined EIR, the City circulated a Notice of Preparation (NOP) on July 5, 2005, and Revised NOPs for the proposed Project on July 28, 2005, and August 1, 2005. On September 8, 2005, the City held a scoping meeting to elicit further comments from governmental agencies and interested parties regarding the scope and content of environmental issues germane to the draft EIR. All NOP responses relating to the draft EIR were reviewed and the issues raised in those comments were addressed, to the extent feasible, in the draft EIR. In October 2005, the City held a meeting with key local stakeholders in order to define project alternatives for consideration in the EIR. In November 2005, the City held a Public Meeting to describe alternatives developed based on the input from the Scoping Meeting and the stakeholder meeting. The draft EIR was formally circulated for a 45-day review 09 City Council Staff Report July 5, 2017- Page 10 Approve Tract Map 31095—"Boulders" period, between May 22, 2006, and July 6, 2006. Comments were accepted through July 6, 2006. In October 2006, a Supplement to the draft EIR was circulated, also for a 45-day review period. Comments were accepted through December 20, 2006. The City received 11 letters from agencies, organizations, and individual parties commenting on the draft EIR and its Supplement. All comments were appropriately reviewed and responses provided as part of the Final EIR. The Planning Commission reviewed the Project and the associated Final EIR at its meetings of July 11, 2007, September 12, 2007, and September 26, 2007. At the meeting of September 26, 2007, the Planning Commission recommended to the City Council certification of the Final EIR for the Project. On October 17, 2007, the City Council conducted a Public Hearing to consider approval of the Project and the associated Final EIR. In its review of the Final EIR for the Project, the City Council considered the fact that construction of the Project would cause certain potentially significant environmental impacts that were unavoidable. Following the CEQA Guidelines which provides for the adoption of a Final EIR with unavoidable significant environmental impacts, the City Council considered the balance of the benefits of the Project against its unavoidable environmental risks in determining whether to approve the Project (Public Resources Code §21081[b]; 14 Cal. Code Regs §§15043, 15093[a)). As documented in the Final EIR and the Findings of Fact for the Project, the Project will result in significant and unavoidable direct and/or cumulative environmental effects relating to: • Aesthetics due to loss of native desert habitat • Short-term air quality impacts during grading and construction of the Project, resulting in an exceedance of South Coast Air Quality Management District thresholds for NOx and PM10 (dust) • Although not considered an adverse effect under the CEQA Guidelines, the construction of the Project will create a temporary cumulative neighborhood disruption for the existing residents during the estimated 18 to 24 months of major construction. Having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting mitigation measures, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the City Council determined that social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse environmental impacts and render those potential unavoidable adverse environmental impacts acceptable. In its approval of the Final EIR, the City Council considered each of the following benefits as constituting an overriding consideration warranting approval of the Project independent of the other benefits despite thel Q significant and unavoidable environmental effects: City Council Staff Report July 5, 2017 - Page 11 Approve Tract Map 31095—"Boulders" 1. The project will result in the construction of 45 high-end residences in the City of Palm Springs. According to economic data provided to the City Council, the following economic benefits would accrue from both the Boulders and Crescendo projects (combined): • One-time benefits to government agencies in the amount of $4 million from school fees, public park fees, building permit fees, TUMF fees, flood control fees and other fees. • Ongoing annual payments to government agencies in the amount of $2.86 million/year. • Increase in the disposable income of Palm Springs residents of $8.5 million annually. 2. Residents of the proposed development will, by necessity have high incomes, which will increase the demand for high-end retail in the City of Palm Springs. 3. The project will improve emergency access to the Little Tuscany neighborhood by widening Chino Canyon Road to minimum standards and by providing an alternate access route to and from the area during emergency conditions. The ability to protect existing residents from fires will be improved. It is acknowledged that some residents would prefer to keep Chino Canyon Road at a substandard width; however, this does adversely affect emergency response times. 4. The project will improve drainage conditions in the Little Tuscany Estates area by taking the following measures: a) Redirecting overflows from the Desert Water Agency (DWA) tanks west of the site through the Boulders project area rather than Chino Canyon Road and Panorama Road. b) Installing a 24-inch underground storm drain along Chino Canyon Road. Subsequently, on November 7, 2007, the City Council adopted Resolution No. 22063 certifying the Final EIR, adopting a Statement of Overriding Considerations, and approving TTM 31095 for the subdivision of 30.4 acres into 45 single family residential lots. A copy of Resolution No. 22063 is included as Attachment 1, and includes all required mitigation measures. Pursuant to California Public Resources Code Section 21166, when an environmental impact report has been prepared for a project pursuant to the California Environmental Quality Act ("CEQA"), no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report; (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; or (c) New 11 City Council Staff Report July 5, 2017- Page 12 Approve Tract Map 31095—'Boulders' information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. The City has evaluated the certified Final EIR for TTM31095 adopted November 7, 2007, and has determined that none of the conditions identified in Public Resources Code Section 21166 have occurred, and has concluded that no additional environmental analysis of TTM 31095 is required pursuant to CEQA. Following approval of the final map, the subdivision will be recorded, and construction of the public improvements will occur. As approved, the "Boulders' project is a custom-home subdivision, with construction of the individual homes requiring separate architectural approvals pursuant to the City's Hillside Development Review process (i.e. Major Architectural Approvals reviewed by the Architectural Advisory Committee and Planning Commission). Mitigation measures will be implemented according to the adopted Final EIR, including phasing of the rough grading of the site in areas no greater than 2.5 acres at any one time, and limited to only the grading necessary to construct the public infrastructure and achieve finish grade of the on-site and off-site street improvements. Mass grading and rock crushing are prohibited. FISCAL IMPACT: Approval of Tract Map 31095 will subdivided the currently vacant parcel into 45 single family residential lots. Ultimately, upon completion of the 45 residential homes on these lots, the City will receive yet to be determined additional property tax revenue. Additional, incremental costs for public service will be incurred over time. SUBMITTED homas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S City Engineer Assistant City Manager David H. Ready, City Manager ATTACHMENTS: 1. Resolution No. 22063 2. Vicinity Map 3. Tract Map 31095 4. Subdivision Improvement Agreement 1 5. Resolution ATTACHMENT 1 RESOLUTION NO. 22063 13 RESOLUTION NO. 22063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING TENTATIVE TRACT MAP 31095 (TTM 31095), FOR THE SUBDIVISION OF APPROXIMATELY 30.4-ACRE SITE INTO 45 SINGLE-FAMILY RESIDENTIAL LOTS AND THREE LETTERED LOTS FOR THE PROPERTY LOCATED ALONG WEST VIA ESCUELA, SOUTH OF RACQUET CLUB ROAD AND NORTH OF CHINO CANYON ROAD, ZONE R-1-A, SECTION 3. WHEREAS, on June 13, 2003, Wessman Development Company, (the applicant) has filed an application with the City pursuant to Section 9.62.00 of the Municipal Code for Tentative Tract Map 31095 for the subdivision of approximately 30.4-acre parcel into 45 single-family residential lots and three lettered lots, for the properly located along West Via Escuela, south of Racquet Club Road and north of Chino Canyon Road; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Tentative Tract Map 31095 was issued in accordance with applicable law; and WHEREAS, said Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, the project site can be considered an in-fill development as it is surrounded by existing development on all four sides; and WHEREAS, the project site has all utility services available at or close to the project site; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Final Environmental Impact Report (FEIR) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project an the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, on September 26, 2007, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and Resolution 22063 Page 2 WHEREAS, on October 17, 2007, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, the project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Final Environmental Impact Report (FEIR) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that the project will not have signfcant impacts in the areas of land use, population and housing, geology and soils, recreation, utilities and services, agriculture and mineral resources. The City Council further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project in the areas of transportation and traffic, cultural resources, noise, biology, hydrology and water quality and public services will be reduced to a level of less than significance. The City Council further finds that, even after mitigation, the project may still have a significant environmental impact with regard to cumulative loss of native desert habitat, air quality, and short term adverse cumulative impacts related to NOx and possibly PM-10 emissions. The City Council independently reviewed and considered the information contained in the FEIR prior to its review of this Project and the FEIR reflects the City Council's independent judgment and analysis. Section 2: The City Council has considered the environmental effects of the project that are analyzed in the FEIR and adopts the Findings of Fact attached as Exhibit A, and Statement of Overriding Considerations, attached as Exhibit B. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: i � Resolution 22063 Page 3 a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. Tentative Tract Map 31095 is for the subdivision of approximately 30.4 acres into 45 single-family residential lots and three lettered lots. The proposed subdivision is consistent with the General Plan designations of L-2; the overall density of the new subdivision is approximately 1.5 units per acre, this is well within the threshold of 2 units per acre allowed within the district. The proposed map has been reviewed by City staff and other outside agencies for comments; the map is consistent with the general plan designation of the subject site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed subdivision layout, design and improvements are consistent with the R-1-A zone in which the property is located. Furthermore, the design of the Map is consistent with the allowable uses under zoning designation. The future residential development standards, street improvements, internal circulation, proposed drainage and overall site development are in conformity with City standards. C. The site is physically suited for this type of development. Majority of the site area is rugged terrain full of loose cobbles, boulders and vegetation with slopes from east to the west. The site is surrounded by existing development and City streets. The construction of residential buildings on the site is appropriate at this location when constructed according to the condition and EIR mitigation measures (see discussion below). Also, there are existing urban services and utilities in the immediate surroundings of the location. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and a Final Environmental Impact Report (FEIR) is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. There are no bodies of water on the subject property and therefore will not damage or injure fish, wildlife or their habitats. B. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision is designed to meet or exceed City standards. The proposed custom lots and streets will be required to meet or exceed City .19 Resolution 22063 Page 4 development codes. The circulation system within the subdivision provides for an orderly system of internal driveways; therefore, the project will not cause public health problems. 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 are no known public easements or existing access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 4_ The City Council certifies the Final Environmental Impact Report, adopts the Mitigation, Monitoring and Reporting Program attached as exhibit C, and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Tentative Tract Map 31095 for the proposed subdivision of 45 single-family residential lots and three lettered lots subject to the Conditions of Approval contained in Exhibit D, which is attached hereto and made a part of this resolution. ADOPTED this 7th day of November, 2007. David H. Ready, CI ager ATTEST: mes Thompson, City Clerk 17 Resolution 22063 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22063 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 the 7t" day of November, 2007, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Foat, and Mayor Pro Tern Pougnet. ABSENT: None. ABSTAIN: None. Aldmes Thompson, City Clerk City of Palm Springs, California f s 9 f 2Qa`7 1$ City Council Resolution No. 22063 Exhibit A BOULDERS PROJECT: FINDINGS OF FACT I. INTRODUCTION AND PURPOSE The City Council of the City of Palm Springs ("City Council°) as the decision- making body of the Lead Agency for the Boulders project ("Project") hereby adopts and makes the following findings of fact ("Findings") in connection with its certification of the Final Environmental Impact Report ("FEIR") for the Project. The FEIR is a Project EIR, as defined by Guideline 15161 of the State Guidelines for the Califomia Environmental Quality Act ("CEQA Guidelines"), and it serves as an informational document for the general public, the City and other government agencies. The City Council makes these Findings after reviewing and analyzing the environmental effects examined in the FEIR. These Findings are adopted in compliance with the California Environmental Quality Act, California Public Resources Cade §§ 21000 et seq. ("CEQA"). The FEIR identifies certain potentially significant effects that may occur as a result of the proposed Project, or that may occur on a cumulative basis in conjunction with the development of the Project and other past, present or reasonably foreseeable future projects. In addition to reviewing the Project's potential environmental impacts, these Findings also provide the City Council's analysis and conclusions regarding the applicability of possible alternatives and mitigation measures to reduce any significant environmental effects. At the Planning Commission meeting of September 12, 2007, the applicant withdrew his application for the production homes on the site, and changed the proposed project to be the Custom Lot Alternative, which the FEIR had identified as environmentally superior to the proposed project. As such, the proposed project identified in these findings is the Custom Lot Alternative. II. THE ADMINISTRATIVE RECORD A. Contents of the Record The following information is incorporated by reference and made part of the record of proceedings to support the City Council's findings of fact regarding the environmental effects of the Project: 1. The Draft Environmental Impact Report (DEIR) and related technical appendices, all other documents relied upon or incorporated by reference into the DEIR, the FEIR and all documents relied upon or incorporated by 5495161 City Council Resolution No. 22063 Page 2 of 44 Exhibit A—Findings of Facts reference in the FEIR and Mitigation, Monitoring and Reporting Program (collectively the "EIR"). 2. All testimony, documentary evidence and all correspondence submitted to or delivered to the City in connection with the meetings and public hearings at which City decision-making bodies considered the EIR. 3. All staff reports, memoranda, maps, slides, letters, minutes of meetings and other documents that City staff and/or its consultants relied upon or prepared in conjunction with the Project. 4. Any other documents specified by Public Resources Code section 21167.6(e). B. Location of Administrative Record The City is the custodian of the administrative record, including all CEQA documents and the other background documents and materials, which constitute the record of the proceedings upon which the City's decisions to certify the Final EIR and approve the Project are based. The administrative record is located at the Palm Springs City Hall, Planning Services Department, 2300 East Tahquitz Canyon Way, Palm Springs, California 92262. III. PURPOSE OF FINDINGS The Final EIR evaluates the potentially significant adverse environmental impacts that could result from the Project. Public Resources Code section 21081 and CEQA Guideline 15091 require that the public agency approving or carrying out the project(s) shall make written findings for each significant impact identified in the EIR, accompanied by a brief explanation of the rationale for each finding. These findings include one of the following.- 1. Changes or alterations have been required in, or incorporated into, the project(s) that avoid or substantially lessen the significant environmental effect as defined in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. 20 City Council Resolution No. 22063 Page 3 of 44 Exhibit A— Findings of Facts These findings accomplish the following: 1. They address the significant environmental effects identified In the EIR for the approved project(s). 2. They incorporate all mitigation measures associated with these significant Impacts identified in the FIR. 3. They explain whether a significant effect is avoided or reduced by the adopted mitigation measures to a less than significant level or remain significant and unavoidable, either because there are no feasible mitigation measures or because, even with implementation of mitigation measures, an impact would remain significant. The conclusions presented in these findings are based on the FIR and other evidence in the record of proceedings. IV. THE BOULDERS PROJECT A. Project Description The Boulders Project ('Project") proposes development of 45 single-family residences on approximately 30.7 acres. The City of Palm Springs General Plan and the Palm Springs Municipal Code will govern the Project's land use and development components, including the type and density of allowable land use, design standards, architecture, landscaping, circulation, infrastructure, and other planning and design components_ The project site is an in-fill site located on undeveloped open desert land associated with the Chino Canyon alluvial cone (also referred to as the Chino Cone or the Cone), a large alluvial feature that emanates from Chino Canyon at the base of the San Jacinto Mountains and spreads east onto the floor of the Coachella Valley. Existing manmade features in the Chino Cone include (a) Tramway Road, which provides access from State Highway 111 (Highway) to the Palm Springs Aerial Tramway, (b) a United States Army Corps of Engineers levee that provides flood protection to the northern part of the City including a large part of the Chino Cone, and (c) parts of the Chino Canyon neighborhood, a hillside residential community south of Tramway Road and extending west from Highway 111. The existing Little Tuscany Estates neighborhood lies at the south edge of the alluvial cone. Currently, most of the Chino Cone north of Tramway Road is undeveloped. In the undeveloped areas, the native ground surface is characterized by loose cobbles and boulders, and desert vegetation including cactus that blooms in the cooler parts of the year. Undeveloped lands are also present south of Tramway Road. 21 City Council Resolution No, 22063 Page 4 of 44 Exhibit A—Findings of Facts The majority of these are within the Agua Caliente Reservation (Section 4) but also include vacant lands proposed for development by the Boulders project. Both project sites currently are designated R-1-A under the City of Palm Springs General Plan. B. Project Objectives The Project's objectives are rooted in four key goals: 1. Create new residential development that reflects and complements the overall pattern and character of existing surrounding uses 2. Connect the Little Tuscany and Chino Canyon neighborhoods while preserving the character of the area 3. Contribute to the revitalization of downtown Palm Springs by providing quality upscale housing that will attract residents and second-residence owners who will support and become the market for businesses located in the City 4. Provide luxury custom residences that take advantage of the unique physical features and viewscapes offered only in Palm Springs. The project site has long been zoned for residential development. The Project aims to create high quality in-fill development within an area that has already undergone substantial development without intruding into undeveloped areas of the Chino Cone. Such in-fill development is likewise one of the objectives set forth in the City of Palm Springs' General Plan (see Objective 3.2, p. 1-19).The Project achieves the objective of creating in-fill development because the site is among the last remaining substantial areas of vacant land within the otherwise developed area. The existing Little Tuscany neighborhood lies directly south of the Boulders project. This neightprhood, developed at a density of approximately two units per acre, is a self-contained eclectic neighborhood of one-story and split-level single- family residences. Its streets are narrow and winding, with lots terraced to accommodate elevation changes throughout the neighborhood. V. THE EIR PROCESS In accordance with the requirements of the California Environmental Quality Act ("CEQA") to solicit comments on the proposed content of the Boulders and Crescendo Combined EIR, the City circulated a Notice of Preparation ("NOP") on 22 City Council Resolution No. 22U63 Page 5 of 44 Exhibit A— Findings of Facts July 5, 2005, and Revised NOPs for the proposed Project on July 28 and August 1, 2005_ On September 8, 2005, the City held a scoping meeting to elicit further comments from governmental agencies and interested parties regarding the scope and content of environmental issues germane to the EIR. All NOP responses relating tc the FIR were reviewed and the issues raised in those comments were addressed, to the extent feasible, in the DEIR. The NOP appears as Appendix A to the FEIR; letters received during the NOP comment period comprise Appendix B. In October 2005, the City held a meeting with key local stakeholders in order to define project alternatives for consideration in the EIR (see Appendix C). in November 2005, The City held a Public Meeting to describe altematives developed based on the input from the Scoping Meeting and the stakeholder meeting. The DEIR was formally circulated for a 45-day review period, between May 22, 2006, and July 6, 2006. Comments were accepted through July 6, 2006. In October 2006, a Supplement to the DEIR was circulated, also for a 45-day review period. Comments were accepted through December 20, 2006. The City received 11 letters from agencies, organizations, and individual parties commenting on the DEIR and its Supplement. The written comments and the City's responses to them appear in FEIR Volume 2: Comments and Responses. The Planning Commission reviewed the project and the FEIR at its meetings of July 11, 2007, September 12, 2007, and September 26, 2007. At the meeting of September 26, 2007, the Commission recommended certification of the FEIR for the project. VI. THE CITY COUNCIL'S CERTIFICATION OF THE FEIR Pursuant to section 21082.1(c) of the Public Resources Code, the City Council hereby FINDS and CERTIFIES that: 1. The FEIR has been completed in compliance with CEOA. 2. The FEIR has been presented to the City Council, and the City Council has independently reviewed and analyzed the information contained in the FEIR prior to acting on the Project. 3. The FEIR reflects the City's independent judgment and analysis. VII. EFFECT OF FINDINGS To the extent that these Findings conclude that various proposed mitigation measures outlined in the FEIR are feasible and have not been modified, superseded, or withdrawn, the City Council hereby adopts these measures. The 23 City Council Resolution No. 22063 Page 6 of 44 Exhibit A— Findings of Facts mitigation measures are express conditions of approval of the Project. The City Council will adopt a Mitigation Monitoring and Reporting Program ("MMRP") concurrently with these Findings to ensure that the responsible party actually implements the mitigation measures. The MMRP developed for the Project includes applicable mitigation measures from the FEIR and new measures that the City developed in conjunction with the EIR process. Vlll. POTENTIAL ENVIRONMENTAL IMPACTS ANALYZED IN THE EIR These Findings address the potentially significant environmental effects examined in the FEIR, which analyzed the environmental impacts at a project-specific level and on a "cumulative" impact basis. A cumulative impact is defined by CEQA Guidelines 15130 and 15355 as an impact created as a result of the combination of impacts of the project evaluated in the EIR and closely related past, present and reasonably foreseeable probable future projects (commonly known as "related projects"). The FEIR addressed reasonably foreseeable impacts by assuming the build-out of the City of Palm Springs General Plan. The FEIR also identified 24 reasonably foreseeable related projects in the relevant geographic area. The analysis of the EIR buildout resulted in a conservative analysis because the City is currently reviewing a General Plan update that would reduce overall densities near the proposed project. A. Summary of Impact Analysis The EIR analyzes all potentially significant impacts of the Project for the environmental topics identified during the public scoping process, including responses to the NOP, a public scoping meeting, and consultation with interested agencies and individuals. In summary, the City Council finds that the following environmental impacts are less than significant on a project-specific basis in light of the EIR and the whole record before it, including the imposition of appropriate mitigation measures: (1) biological resources, (2) cultural resources, (3) hazardous materials, (4) population and housing, (5) noise, (6) public services, (7) recreation, (8) transportation and traffic, (9) utilities and service systems, (10) land use, (11) hydrology and water quality, (12) geology and soils, (13) agriculture, and (14) mineral resources. The City Council has incorporated the referenced mitigation measures into the Project pursuant to its concurrent adoption of the Mitigation Monitoring and Reporting Program. On the other hand, on a project specific basis, the Project was determined to have a significant and unavoidable impact on the aesthetics of its site, which may be considered adverse by some observers. During grading, the project may exceed the SCAQMD thresholds for NO, and PM,o. In addition, the project will contribute to cumulative loss of native desert habitat that may be considered adverse. During City Council Resolution No. 22063 Page 7 of 44 Exhibit A— Findings of Facts the construction period, the Project may contribute to short-term adverse cumulative impacts relativeto NOtand PM,oemissions. The EIR analyzed growth-inducing, unavoidable adverse and irreversible impacts, and consistency with Southern California Association of Governments ("SCAG") policies. Pursuant to CEQA Guideline 15126.6, the EIR also evaluated several project alternatives. IX. FINDINGS ON IMPACTS ANALYZED IN THE EIR A. Aesthetics 1. Potential Impacts The Project may cause a significant impact on aesthetics if it does any of the following: a) has a substantial adverse effect on a scenic vista b) substantially damages scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway c) substantially degrades the existing visual character or quality of the sites and their surroundings d) creates a new source of substantial light or glare that would adversely affect day or nighttime views in the area 2. Finding Due to the fundamental change in the site from undeveloped to developed, the Project will have significant effects on aesthetics that cannot be mitigated and may be perceived by some as adverse. The City Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the City Council, the City Council finds that the significant impact identified in this Section IX(C) is acceptable in light of the Project's overall benefits. 25 City Council Resolution No. 22063 Page 8 of 44 Exhibit A—Findings of Facts 3. Supportive Rationale Section 6.5 of the EIR analyzes the Project's potential impacts on aesthetics and visual resources. For the following reasons, these impacts are found to be significant and cannot be mitigated: a) The primary aesthetic effect of the Project will be the fundamental change of the site from undeveloped to developed. However, the site has long been designated for development of the kind proposed by the Project. The City of Palm Springs General Plan Policy 3.2.3 specifies "high-end residential" as a "target land use" for the Project's area, zoned R-1-A. b) The Project Is not located near a designated scenic highway. so it will not affect scenic highway resources. Trees are limited, and there are no historic buildings on the sites. The boulders on the sites are not considered a significant scenic resource. c) As a residential project, Boulders will meet the requirements of the local building code with respect to lighting. The Project's residential streets are not proposed to have street lighting thereby limiting the visual impact of the Project on the surrounding area. B. Agricultural Resources 1. Potential Impacts The Project would have a significant impact on agricultural resources if it would do any of the following: a) convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use b) conflict with existing zoning for agricultural use, or a Williamson Act contract c) involve other changes in the existing environment which, due to their location or nature, would result in conversion of farmland to non- agricultural uses 2. Findings The Project will not have a significant impact on agricultural resources. 3. Supportive Rationale 26 City Council Resolution No. 22063 Page 9 of 44 Exhibit A—Findings of Facts Potential impacts to agricultural resources are evaluated in EIR Section 6.15. There are no agricultural uses present on the site, and the site is considered for agricultural uses. Impacts to agriculture are determined to be less than significant for the following reasons: a) The Project will not result in a significant adverse impact related to the conversion of prime farmland and farmland of local importance to non-agricultural uses. b) The Project will not conflict with existing agricultural zoning or Williamson Act contract lands. c) The Project will not result in changes to the existing environment that would result in conversion of farmland to non-agricultural uses. C. Air Quality—Construction 1- Potential Impacts The Project may cause a significant and unavoidable air quality impact if, during construction or operation, they do any of the following: 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 protected air quality violation c) result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable national or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors) d) expose sensitive receptors to substantial pollutant concentrations e) create objectionable odors affecting a substantial number of people 2. Findings Potential impacts to Air Quality are evaluated in EIR Section 6.6. The construction (grading phase) of the Project may create a significant and unavoidable air quality impact on a project-specific basis during construction. This impact results from the potential to contribute to existing or projected air quality violation. The City Council makes the following findings for these impacts: 27 City Council Resolution No. 22063 Page 10 of 44 Exhibit A—Findings of Facts a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) MM Air-1(4) from the EIR has been deleted in its entirety and replaced with the following mitigation that prohibits rock crushing on the project site. The applicant is no longer proposing to crush rock on the project site. c) MM Air-1(5) from the EIR has been modified to reflect the prohibition on rock crushing. d) For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the City Council, the City Council finds that the significant impact identified in this Section IX(C) is acceptable in light of the Project's overall benefits. Although the following mitigation measures aimed at reducing these significant and unavoidable air quality impacts during the Project's construction have been adopted, they may not reduce the impacts to a level of insignificance (The term "may" is used in this discussion because the modeling indicates that emissions will be slightly less than the thresholds of significance recommended by the South Coast Air Quality Management District; however, due to the uncertainty in the modeling procedures, there is some possibility that emissions could exceed the thresholds) : MM AIR-1 Prior to the approval of a final grading plan by the City, the project proponent shall submit a detailed Grading and Rock Management Plan for review and approval by the Planning Commission. This plan shall specify the following: 1. Final estimates for grading volumes, including cut and fill, oft-site export of unsuitable material, and import of appropriate material. Refined estimates for emissions of importlexport trips will be provided. Z Final estimates of on-site rock that can be incorporated into the site for fill, landscaping elements, or use in the decorative walls of residences, Including rock that may be reduced in size, using the Nonex process. 3. Active grading shall be limited to 2.5 acres of disturbed areas. 4. Rock crushing will not be allowed on the project site. 5. An updated emissions analysis shall be provided based upon the relocation plan for rocks that cannot be used on-site and the final length of the trip to any rock disposal site. An updated analysis shall be submitted to the City demonstrating that PM10 emissions shall not exceed the SCAQMD daily limits. If the City overrides the potential NO, emission exceedance when the project is approved, then the Grading and Rock Management Plan shall 28 City Council Resolution No. 22063 Page 11 of 44 Exhibit A— Findings of Facts demonstrate how the NO, emissions will be limited to within 25% of the SCAQMD construction threshold for NO.. 6. Prior to the commencement of grading, the City of Palm Springs shall retain, at the applicant's expense, an air quality monitor who shall be present on site at least three hours per day during grading operations. The monitor shall have the ability to "stop work" if visible dust is seen escaping from the site, or if other measures specified in the Grading and Rock Management Plan are not observed. 7. The plan shall demonstrate how the City's standard mitigation measures, listed in Section 8.60 of the Palm Springs Municipal Code, shall be incorporated into project construction. MM AIR-2 Grading of the Boulders and Crescendo sites shall not occur simultaneously- Accordingly, all graded areas of the first site shall be stabilized prior to the issuance of a grading permit for the second site. MM AIR-3 The applicant shall require the construction contractor to use construction equipment with low emission factors and high energy efficiency to the extent feasible- Prior to issuance of grading and building permits, the City shall verify that grading and construction plans include a prominently displayed statement that all construction equipment must (1) be tuned and maintained in accordance with manufacturers' specifications and (2) meet or exceed Tier 2 standards, including the use of emulsified diesel fuels and oxidation catalysts particulate traps or other verified/certified technologies as feasible- Note: Such equipment and fuels may not yet be available in the Palm Springs area; therefore, the note "as feasible" applies- No mitigation credit was taken in this analysis for such mitigation. MM AIR-4 All residential fireplaces will be fueled by natural gas. MM AIR-5 Exterior electrical outlets will be provided in fronts and backs of residential units to facilitate use of electric landscape equipment. 3. Supportive Rationale Sections 6.6-3 of the FEIR analyzes air quality impacts during grading and construction of the Project. a) Conflict with Air Quality Plan The applicable Air Quality Plan is [the 2004 State Implementation Plan (SIP) approved by the South Coast Air Quality Monitoring District and Certified by the Federal Environmental Protection Agency]. The SIP demonstrates that the region will be brought into compliance with State and federal air quality standards over City Council Resolution No. 22663 Page 12 of 44 Exhibit A— Findings of Facts time. The SIP is based upon the development of the General Plans of the various Cities and Counties in the Region, and projects that are consistent with such general plans are consistent with the SIP. The project is consistent with the City of Palm Springs General Plan and therefore consistent with the SIP, b) and c) Contribute to any existing or projected air quality violation; or result in a cumulative increase in any criteria pollutant. Air quality impacts during the Project's construction cannot be mitigated below a significant level for the reasons set forth below. a) The EIR estimated air quality impacts during grading according to modeling results from LSA Associates Inc, (LSA) as contained in the EIR. These estimated emission levels were compared against regional and localized significance thresholds adopted by the SCAQMD. The estimates for emissions of Reactive Organic Gases, Carbon Monoxide and Sulfur Dioxide were all well below (more than 60% below) the specified significance criteria. The estimates for emissions of Nitrogen Oxides (NOx) and particulates (PM10) were below the threshold of significance, but less than 10% below the threshold, even after the application of all applicable mitigation measures. b) The City recognizes that all modeling efforts contain a certain amount of inherent uncertainty. Therefore, in an abundance of caution, the City notes that emissions of NOx and PM10 could exceed the thresholds. Even with implementation of all feasible mitigation measures as listed above, project emissions during construction might exceed the thresholds set by SCAQMD for NO, and PM,o D. Air Quality- Operation 1. Potentiate The operation of the Project may cause a significant and unavoidable air quality impact if d would do any of the following: 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 protected air quality violation c) result in a cumulatively considerable net increase of any criteria Pollutant for which the project region is non attainment under an 30 City Council Resolution No. 22063 Page 13 of 44 Exhibit A— Findings of Facts applicable national or state ambient air quality standard (including 3 releasing emissions which exceed quantitative thresholds for ozone precursors) d) expose sensitive receptors to substantial pollutant concentrations e) create objectionable odors affecting a substantial number of people 2. Findings The operation of the Project will not create significant or unavoidable air quality impacts on a project-specific basis. 3. Supportive Rationale Section 6.6.3 of the FEIR analyzes air quality impacts during operation of the Project. Air quality impacts during the Project's operation will not rise to a level of significance for the following reasons: a) The Project's Operation will not conflict with or obstruct implementation of the 2004 State Implementation Plan (SIP) approved by the South Coast Air Quality Monitoring District and Certified by the Federal Environmental Protection Agency. b) The Project's operations will not violate any air quality standard or contribute substantially to an existing or protected air quality violation_ c) The Project's operation will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable national or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). EIR Table 6.6-E show that projected project-specific emissions at build-out will fall well below the thresholds of significance established by SCAQMD. d) The Project will not expose sensitive receptors to substantial pollutant concentrations. e) The Project's operation will not create objectionable odors affecting a substantial number of people. None of the uses proposed for the sites are normally associated with the creation of objectionable odors. 31 City Council Resolution No, 22063 Page 14 of 44 Exhibit A— Findings of Facts E. Biological Resources 1_ Potentiate The Project would have a significant impact on biological resources if it were to do any of the following: 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, or regulations, or by the California Department of Fish and Game ("CDFG") or United States Fish and Wildlife Service ("USFWS") b) have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS c) have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means d) interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native, resident, or migratory wildlife corridors or impede the use of native wildlife nursery sites e) conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance t) conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan 2. Findings The Project is not anticipated to significantly affect biological resources on its site unless it was to introduce non-native plant species in their landscaping designs. As a result, the City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts will be less than significant. 32 City Council Resolution No. 22063 Page 15 of 44 Exhibit A— Findings of Facts MM BIO— 1 The following plants will not be utilized in the project landscaping: BOTANICAL NAME COMMON NAME Acacia spp. (all species except Acacia (all species except native A. reggu) catclaw acacia Arundo donax(x) Giant reed or arundo grass Atriplexsemibaccata (x) Australian saltbush Avena barbata Slcnder wild oat Avena.ratua Wild oat Brassica tournefortii xx African or Saharan mustard Bromu.s madriten.sis ssp. mbens Red brome x Bromus lectorum (xx) Cheat grass or downX brome Cortuderia jubata [synC. 7ubata grass or Andean pampas alacan?ensivj grass Corladeria dioica [syn. C. Pampas grass selloana] Descurainia Sophia Tansy mustard Fichhorniacram es Water hyacinth Flaegnus angustifolia Russian olive Foeniculum vulgare Sweet fennel I3irschfeldia incana Mediterranean or short-pod mustard 1 Leoidium ladfolium _Perennial pepperweed I01ium multiflorum Italian rye¢rass Lolhum percnne Perennial rvegrass J rfum oleander Oleander Nicotiana glauca (x) Tree tobacco Oenothera berlandieri(#) Mexican evening primrose Ohm eur o ea European olive tree Parkirtsonia aculeata (x) Mexican palo verde Pennisetum clandestinum Kikuyu grass Pennisetum setaceunz (xx) Fountain 7ass Phoenix cananensis(#) Canary Island date palm Phoenix dactylifera (#) bate paIni Ricinus communis (x) Castorbean Salsola tragus (x) Russian thistle Schinus molle Peruvian pepper tree or California pcpper Schinus terebinthifolius Brazilian pepper tree Schismus arablew N4odito7r near grass Schisnuts barbatus(ax) Saharan crass, abu mashi Sti a ca ensis(xx) No common name Taniarix spp.(ail species) (xx) Tamarisk or salt cedar Taeniatherum ca ut-medusae Medusa-head 33 City Council Resolution No. 22063 Page 16 of 44 Exhibit A-- Findings of Facts Tribulus terrartri.c Puttcturevine Vinca major Periwinkle ,Yucca glorlosa(#) S atlish dagger Sources: CVAG MSHCP; California) xctic Pest Plant Council, Unitcd States Department of Agriculture- Drdsion of Plant Health and Pest Prevention Servicm, California Native Plant Society,Fremon[ia Vol. 26 No. 4, October 1998, Tile Jepson Manual; Higher Plants of California, and County of San Diego Department of.Agriculture. Key to Table 4 indicates species not on CaIEPPC October 1999 "Exude Pest Plants of Greatest Ecological Concern in California"list X indicates species known to be invasive in the MSHCP Plan Area XX indicates particularly troublesome invasive species 3. Su000rtive Rationale Potential impacts to biological resources are discussed in Sections 6.8 of the EIR, which rely on reports in Appendix 1-1. For the reasons set forth below, the identified impacts can be mitigated below a level of significance. a) No officially listed animal or plant species were found on the Project site. Although the Project's development can be expected to eliminate approximately 31 acres of creosote scrub habitat; that loss cannot be said to constitute a significant adverse impact because the habitat is so widespread generally throughout the Southwest and specifically in the areas surrounding the Project. b) The Project site does not contain or abut any riparian community. C) The Project site does not contain or abut any federally protected wetlands as defined by Section 404 of the Clean Water Act. The Project site is not used by animal species as a migratory corridor or wildlife nursery. The Boulders site is surrounded on three sides by existing residential uses and on the fourth side by the existing DWA facilities. d) The Project.is consistent with the City's goals and policies relative to biological resources as articulated in the City of Palm Springs General Plan. e) No adopted Habitat Conservation Plan, Natural Community Conversation Plan, or other approved local, regional, or state habitat conservation plan affects the project site. 34 City Council Resolution No. 22063 Page 17 of 44 Exhibit A—Findings of Facts F. Cultural Resources 1. Potential III The Project would have a significant impact on cultural resources if it would do any of the following: a) cause a substantial adverse change in the significance of a historical or an archeological resource as defined in CEQA Guideline 15064.5 b) cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guideline 15064.5 c) directly or indirectly destroy a unique paleontological resource or site or unique geologic feature d) disturb any human remains, including those interred outside of formal cemeteries 2. Findings The Project is not expected to impact cultural resources on a project-specific basis. However, it is not impossible that they might do so inadvertently by uncovering hitherto unknown historical or cultural resources. As a result, the City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in; or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts will be less than significant. MM CULT-1: Prior to the approval of any grading plan, the Director of Community Development of the City of Palm Springs will ensure that the following specification is included with grading requirements: In the event of the accidental discovery or recognition of any human remains in any location on the project site other than a dedicated cemetery, the following steps will be taken: 1. There will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 35 City Council Resolution No. 22063 Page 18 of 44 Exhibit A— Findings of Facts (a) The Riverside County Coroner is contacted to determine that no investigation of the cause of death is required, and (b) If the Coroner determines the remains to be Native American: • The Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. • The NAHC will identify the person or persons it believes to be the most likely descended from the deceased Native American, • The most likely descendant (MLD) may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 2. Where the following conditions occur, the landowner or his authorized representative will rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance: • The NAHC is unable to identify an MILD. • The MILD identified failed to make a recommendation within 24 hours after being notified by the NAHC. • The landowner or his authorized representative rejects the recommendation of the MILE), and the mediation by the NAHC fails to provide measures acceptable to the landowner. 3. Supportive Rationale Section 6.4 of the FEIR analyzes potential impacts on cultural resources based on studies contained in Appendix F-1. These studies identified no significant cultural or historical resources, so the Project's impacts on such resources are not expected to be significant. Should human remains be located during development, Mitigation Measure CULT-1 is in place to ensure their proper handling and disposition. G. Geology and Sails 1. Potential Impacts The Project would have a significant impact with respect to geology and/or soils If they were to do any of the following: 36 City Council Resolution No. 22063 Page 19 of 44 Exhibit A-- Findings of Facts a) expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving any of the following: • 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 the substantial evidence of a known fault • strong seismic ground-shaking • seismic-related ground failure, including liquefaction • landslides b) result in substantial soil erosion or the loss of topsoil c) be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property e) have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water 2. Findings With the implementation of the City's standard conditions, the Project will have no adverse effects on geology or soils. As a result, no mitigation will be required. 3. Suoi)ortive Rationale Section 6.9 of the FEIR analyzes the Project's potential impacts with respect to geology and/or soils. This analysis is based on studies conducted by Earth Systems Southwest, including geotechnical feasibility reports and fault/seismic investigations; these studies appear as Appendix J-1 of the EIR. For the reasons below, the Project will not result in adverse impacts to geology and/or soils. a) The site is not located in an Alquist-Priolo Earthquake Fault Zone. b) Existing City of Palm Springs General Plan policies and programs, including strict adherence to the Uniform Building Code (UBC) and other applicable building standards are expected to result in project 37 City Council Resolution No. 22063 Page 20 of 44 ' Exhibit A— Findings of Facts design and construction that mitigate the impact associated with strong ground motion and other seismic hazards. c) The site is not at risk of landslides, liquefaction, lateral spreading or collapse- d) The. Project is not located on unstable soils; furthermore, development of the site will result in the stabilization of soils underneath structures, roadways and landscaping, so upon project completion, soil erasion will be reduced. e) Soils below the site are anticipated to possess a very low expansion potential. t) The Project does not propose the use of septic tanks or other alternative wastewater disposal systems. g) The Project is consistent with the City ct Palm Springs General Plan. H. Hazardous Materials 1. Potential Impacts The Project would have a significant impact related to the potential presence of hazardous materials, recognized environmental concerns or potential hazards if it to do any of the following: a) result in a safety hazard for people residing, working or otherwise congregating in the Project area; or 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. 2. Findings The Project is not anticipated to have significant impacts relative to hazardous materials. 3. Supportive Rationale a) Section 6.10 of the FFIR analyzes the potential for contamination arising out of hazardous materials present on or near the Property. These analyses are based on the following documents: 38 City Council Resolution No. 22063 Page 21 of 44 Exhibit A— Findings of Facts • A safety assessment by Earth Consultants International • A summary of available information on the disease known as valley fever (coccidioidomycosis) [Appendix G] OWA commentary by David Luker[Appendix L] Although project development is unlikely to release valley fever fungus, the possibility cannot be eliminated. The risk of such release is further lessened by implementation of the mitigation measures contained in the Air Quality section. However, in an abundance of caution, the following mitigation measure has been incorporated into the EIR: MM HAZ-1 Prior to the commencement of grading activities, the applicant shall inform all residents within 1,000 feet. b) The proposed Project does not involve the use of hazardous materials or substances. c) The Project is not located within the boundaries of an airport land use plan or within two miles of a public or private airport or airstrip. d) The Project is consistent with the City of Palm Springs General Plan- e) The Project site is not located on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. f) The Project will not impair or interfere with implementation of any emergency response plan. (In fact, the project would improve emergency response times and provide additional options for emergency evacuation,) L Hydrology and Water Quality 1. Potential Impacts The Project would have a significant impact on hydrology and/or water quality If it would do any of the following: a) violate any water quality standards or waste discharge requirements b) substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in 39 Citv Council Resolution No. 22063 Page 22 of 44 Exhibit A— Findings of Facts aquifer volume or a lowering of the local groundwater 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 offsite d) substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff In a manner which would result in flooding on or offsite e) create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff f) otherwise substantially degrade water quality g) place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Maps ("FIRM") or other flood hazard delineation map h) expose people or structures to a significant risk of loss, injury or death involving flooding, Including flooding as a result of the failure of a levee or dam i) result in inundation by seiche, tsunami, or mudflow 2. Findings The Project will impact hydrology and water quality on a project-specific basis. The City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project' impacts to hydrology and water quality will be less than significant. MM HY-1 Prior to the approval of a grading permit, the project proponent will submit, for approval by the City Director of Public Works, a final drainage plan based on a final hydrology study aq City Council Resolution No. 22063 Page 23 of 44 Exhibit A— Findings of Facts implementing the following local and regional requirements, policies and programs. a) The plan shall demonstrate that off-site storm flows will not be increased, and that all structures in the project are protected from 100-year storm flows. b) All proposed facilities will be privately owned and maintained by the proposed Boulders project Homeowners Association. The CC&Rs for the association shall clearly specify the requirements to maintain the drainage system in an effective manner. c) The plan will include specific pollution control measures and/or designs that meet the requirements of the National Pollution Discharge Elimination System and keep pollutants, including sediment, herbicides, pesticides and oils, out of surface and ground waters. d) The plan will address the use of on-site stormwater retention basins, to the greatest extent practical, to enhance opportunities for groundwater recharge, provide additional open space and wildlife habitat value, and reduce the necessity for and costs associated with off-site stormwater conveyance facilities. e) Prior to formation of the Homeowners Association, the City Engineer shall review the proposed CC&Rs to ensure that language requiring effective maintenance of the drainage system is acceptable to the City. MM HY-2 Prior to the approval of any building permit, the City Director of Planning will review plans to ensure the following: a) The use of drought-tolerant landscaping and water-efficient irrigation systems for all yard areas as a means of reducing water consumption. b) The applicant will install low-flush toilets, low-flow showerheads and faucets in all new construction, in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. c) The project will connect to the City's sewer system. Use of septic tanks will not be permitted. MM HY-3 Prior to the issuance of grading permits for any lots where adequate water supplies and fire flows would require pumping from the existing reservoirs, the applicant shall provide the City with written confirmation from the DWA that adequate water pressure is 41 City Council Resolution No. 22063 Page 24 of 44 Exhibit A-- Findings of Facts available to serve these lots. This condition may be satisfied in one of three ways: 1. DWA agrees that the existing pump is adequate to serve the project. 2. DWA accepts the applicant's offer to increase the capacity of the existing pumping system, 3. DWA obtains separate environmental approval for its own additional reservoirs_ 3. Supportive Rationale The Project's potential impacts on hydrology and water quality are analyzed in Sections 6.11 of the FEIR. These analyses are based on the hydrology reports (FEIR Appendix F) conducted for the Project by MSA Associates, Inc. For the reasons below, these impacts will be mitigated to less-than-significant levels. a) During final design, the applicant will be required to specify the BMPs that will ensure compliance with the City's NPDES requirements. b) The Project is unlikely to affect groundwater recharge on a project level. They will follow water conservation guidelines in the Palm Springs General Plan Update EIR (p. 5-100) and in the Palm Springs General Plan (pp.11-63, 64), as well as the Water Efficient Landscape Ordinance to mitigate the impacts to public water supplies. The project is consistent with the Urban Water Management Plan adopted by the Desert Water Agency. c) There are no streams or rivers on the Project site, and the Project will adhere to all City drainage requirements so as not to cause erosion or siltation off site. d) The Project's adherence to City drainage requirements will ensure that the surface runoff caused by increased impermeable Project surfaces will be accommodated without Flooding offsite. e) The Project's runoff, after development of the Project drainage system, will not exceed the capacity of existing drainage systems or provide substantial sources of polluted runoff f) The project runoff, after implementation of the above mitigation measures, will not substantially degrade water quality. g) The Project site is not located within a 100-year flood hazard area. 42 City Council Resolution No. 22463 Page 25 of 44 Fxhibit A—Findings of Facts h) There is no dam or levee near the project sites. i) The Project area is not subject to seiches, tsunami or mudflow. J. Land Use and Planning 1. PotentiallmRacts The Project would have a significant impact on land use and planning if they were to do any of the following: a) physically divide an established community b) conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) conflict with any applicable habitat conservation plan or natural community conservation plan. 2. Findings The Project will not impact land use and planning on a project-specific basis, so no mitigation is required. 3. Supportive Rationale The EIR analyzes the Project's potential land use and planning impacts in Section 6.4. For the reasons below, the Project is found to have no potential significant impacts on land use or planning. a) . The Project is consistent with the City's land use goals and policies. b) The Project does not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. c) The project does not conflict with any applicable habitat conservation plan or natural community conservation plan. City Council Resolution No. 22063 Page 26 of 44 Exhibit A— Findings of Facts K. Noise 1. Potential Impacts The Project would have a significant noise impact if it were to do any of the following: a) expose persons to or generated noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies b) expose persons to or generated excessive ground borne vibration or ground borne noise levels c) create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project d) create a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project e) were located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, which would expose people residing or working in the project area to excessive noise levels f) were located in the vicinity of a private airstrip, which would expose people residing or working in the project area to excessive noise levels 2. Findings The Draft EIR concluded that the Project will have noise impacts on a project- speck basis, chiefly in relation to construction activities, including the potential temporary installation of a mechanical device to crush rocks on the project site. However, the applicant is no longer proposing to conduct rock crushing on the project site. Therefore, this impact would no longer occur. The City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) MM NO[ — 1 from the Draft EIR has been deleted in its entirety as it relates to the Boulders project and replaced with the following mitigation measure that prohibits rock crushing on the project site consist with the applicant's latest proposal: City Council Resolution No. 22063 Page 27 of 44 Exhibit A— Findings of Facts MM NOI— 1 Rock crushing will not be allowed on the project site. c) MM NO] — 2 from the Draft EIR, which related solely to the installation of rock crushing equipment on the Boulders site has been deleted. Because no rock crushing is allowed on the project site, this mitigation is unnecessary. 3. Supportive Rationale The Project's noise impacts are analyzed in Section 6.7 of the FEIR. For the reasons below, noise impacts can be mitigated to less-than-significant levels, a) Implementation of Mitigation Measures NOI-1 and NOI-2 will ensure that noise levels generated by the project operation and noise levels within the project do not exceed the standards contained in the City of Palm Springs General Plan or the City's Noise Ordinance. b) Proposed uses within the Project do not generate excessive ground-borne vibration. Vibration during construction will be controlled through application of the City's Noise Ordinance. c) The Project will be constructed in accordance with the City's General Plan and its Noise Ordinance, so no substantial permanent increase in ambient noise levels will result. d) Implementation of Mitigation Measures NOW and NOI-2 will ensure that temporary noise levels generated by Project construction, and noise levels within the Project, do not exceed the standards contained in the City of Palm Springs General Plan or the City's Noise Ordinance. e) The proposed Project is not in the influence area for any public-use airport, so the aircraft noise levels at the Project site will be less than significant. f) The proposed Project site is not located in the vicinity of any private airstrip. L. Population and Housing 1. Potential Impacts The Project would have a significant impact on population and housing if it were to do any of the fallowing: 45 City Council Resolution No. 22063 Page 28 of 44 Exhibit A— Findings of Facts a) induce substantial population growth Into an area, either directly or indirectly b) displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere c) displace substantial numbers of existing people, necessitating the construction of replacement housing elsewhere 2. Findin s The Project will have no significant impact on population or housing. Accordingly, the City Council finds that no mitigation measures are required with respect to population and housing. 3. Supportive Rationale The Project's potential impacts on population and housing are analyzed in Sections 6.2 of the FEIR. For the reasons below, these impacts are determined to be less than significant. a) The Project will be constructed consistent with the requirements of the City's General Plan, which specifies only low-density residential development in the Project area. h) The Project will not displace any housing as the site is currently undeveloped and uninhabited_ c) The Project will not displace any existing people or necessitate construction of replacement housing elsewhere because the site is currently undeveloped and uninhabited- M. PUBLIC SERVICES 1. Potential Impacts The Project would have a significant impact on public services if they were to do any of the following: a) result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities or the need for new or physically altered fire protection facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable service ratios, response times, or other performance objectives for fire protective services 46 City Council Resolution No. 22063 Page 29 of 44 Exhibit A—Findings of Facts b) result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities or the need for new or physically altered police protection facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable service ratios, response times, or other performance objectives c) result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities or the need for new or physically altered school facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable student/teacher ratios 2. Findings The Project will not impact public services on a project-specific basis. The City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required In, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts to public services are less than significant. MM PS-1 Prior to the issuance of any building pen-nit, the project proponent shall annex to CFD 2005-1 to pay for increased police and fire services. 3. Supportive Rationale The FEIR analyzes potential impacts on public services in Section 6.12. The analyses were based on information gathered from local public agencies and City departments. For the reasons specified below, these impacts have been determined to be below a level of significance. a) Per Mitigation Measure PS-1, prior to the issuance of any building permit, the Project will annex to Community Facilities District (CFD) 2005-1, which funds necessary police and fire services for new development. b) Although the Project will Increase demands on Palm Springs Unified School District, the project will pay the required school impact fee (currently $2.14 per sf) to reduce the potential impact of additional 47 City Council Resolution No. 22063 Page 30 of 44 Exhibit A—Findings of Facts student population; under State law, such payment fully mitigates project impacts to schools. N. Recreation i. Potentiallmpacts The Project would have a significant impact on recreation if it were to do any of the following: a) increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated b) include recreational facilities or required the construction or expansion of recreational facilities that might have an adverse physical effect on the environment 2. Findings The Project will impact recreation on a project-specific basis. The City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) The Project's proponent will mitigate impacts to recreation below a level of significance by the payment of in-lieu fees. 3. Supportive Rationale The Project's potential impacts on recreation are discussed in Section 6.13 of the FEIR. These impacts can be mitigated to less than significant levels for the reasons below. a) The proposed Project does not include recreational facilities or require the expansion of facilities that might have an adverse effect on the environment. b) The Project's proponents will pay in-lieu fees consistent with the City's Quimby Act Ordinance 1632. 48 City Council Resolution No. 22063 Page 31 of 44 Exhibit A— Findings of Facts O. Transportation and Traffic 1. Potential Impacts The Project would have a significant impact on transportation and traffic if it were to do any of the following. a) cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) exceed, either individually or cumulatively, a LOS standard established by the county congestion management agency for designated roads or highways c) result in a change in 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 intersections) or incompatible use (e.g., farm equipment) e) result in inadequate emergency access f) result in inadequate parking capacity g) conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). 2. Findings The Project will impact traffic and circulation on a project-specific basis. The City Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts to traffic and circulation are less than significant. MM TRA The Project's proponent will prepare plans for approval by the California Department of Transportation (Caltrans) for the extension of the northbound left-tum lane on North Palm Canyon Drive at Via Escuela. The applicant shall ensure that the extension 49 City Council Resolution No. 22063 Page 32 of 44 Exhibit A— Findings of Facts is implemented prior to the issuance of building permits for the Boulders project. MM TR-2 The Project's proponent will contribute its fair share of the construction cost of a traffic signal at the intersection of Via Escuela and North Palm Canyon Drive. The amount of the contribution will be determined by the City Engineer and segregated into a special account. MM TR-3: Upon completion of grading of the Boulders site, the applicant shall repair all existing city streets providing construction access to the site. The streets will be restored to a level of quality equal to or greater than that preexisting at the start of construction. Any deterioration of pavement condition, including but not limited to potholes and cracking shall be corrected to the satisfaction of the City Engineer. All traffic control devices shall be restored to their preexisting condition, including all pavement markings. The following streets shall be subject to this condition: 1. Via Escuela west of North Palm Canyon Drive 2. Chino Canyon Road west of Via Norte 3. Milo Road, Janis Drive, Palermo Drive and Racquet Club Drive west of North Palm Canyon Drive 4. Any other streets used for construction access. Upon completion of construction of the proposed residences, the same assessment of street conditions will be made. In addition, all such streets used for construction access shall be slurry sealed and restoped. 3. Supportive Rationale The FEIR analyzes the Project's traffic impacts in Sections 6.3. The analysis relies on traffic studies included as Appendix E. The key conclusions include the following: a) The traffic generated by the project can be accommodated at an acceptable level of service on the local street system except at the intersections specified in the Mitigation Measures. At those locations, the additional capacity provided by the mitigation measures will ensure that the intersections operate at an acceptable level of service. 50 City Council Resolution No_ 22063 Page 33 of 44 Exhibit A— Findings of Facts b) Project roadways will be designed to meet City of Palm Springs standards, including standards for emergency access, design features, incompatible uses, and parking. c) The Project will conform to the City of Palm Springs General Plan with respect to alternative forms of transportation. . P. Utilities 1. Potential Impacts The Project would have a significant impact on utilities if it were to do any of the following: a) exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board b) require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects c) require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects d) not have sufficient water supplies available to serve the project from existing entitlements and resources e) result in a determination by the wastewater treatment provider which serves or may serve the Project that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments f) not be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs g) not comply with federal, state and local statutes and regulations related to solid waste 2. Findings The Project will have a less than significant impact on utilities 51 City Council Resolution No. 22063 Page 34 of 44 ExhibitA— Findings of Facts 3. Supportive Rationale Sections 6.14 of the FEIR analyze the Project's impacts on utilities, including utility improvements necessary for the Project. This analysis was based in part on the Comprehensive General Plan for the City of Palm Springs, the City of Palm Springs Wastewater Master Plan, and correspondence with the Desert Water Agency(contained in EIR Appendix L). a) Water: The Desert Water Agency has indicated that it has in place facilities adequate to serve the Project long term. b) Sewer: Sanitary sewer facilities for the Project will be provided by the City of Palm Springs from sewer mains located nearby. c) Electricity: Southern California Edison (SCE) provides electricity to the City of Palm Springs and will connect to existing SCE lines located at the Project's boundaries. d) Natural Gas: The Southern Califomia Gas Company has confirmed adequate service capacity and has agreed to provide service to the Project via adjacent existent lines. e) Solid Waste: Palm Springs Waste Disposal Service will provide waste disposal services to the Project. f) Telephone: Telephone service to the Project will be provided by Verizon. g) All utility improvements constructed as part of the Project will comply with applicable County and uniform codes. Project design features incorporate appropriate water and energy conservation measures recommended by the California Department of Water Resources and required by the California Code of Regulations. In addition, the Project's utility impacts would be further mitigated by payment of applicable utility impact fees charged by the various service providers identified above- Q. Mineral Resources 1. Potential Impacts The Project would have significant impact on mineral resources if they were to do any of the following: 52 City Council Resolution No. 22063 Page 35 of 44 Exhibit A— Findings of Facts a) result in the loss of availability of a known mineral resource that would be of future 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 in a local general plan, specific plan, or other land use plan 2. Finding The Project will not have significant impact on mineral resources, so no mitigation is required. 3. Supportive Rationale The EIR analyzes the Project's impacts on mineral resources in Section 6-16 and finds those impacts to be below a level of significance for the following reasons: a) The Project site has not been determined to contain important mineral resources. b) The Project site has not been designated as an important mineral resource site by the City of Palm Springs General Plan or any specific plan or other land use plan. R. Cumulative Impacts 1. Potential Impacts CEQA Guideline 15130 requires the identification of public and private projects that, when taken together with the proposed Project, could have cumulative impacts on the environment. The City identified 24 reasonably foreseeable development projects in the relevant geographic area. The inclusion of those 24 reasonably foreseeable projects in the cumulative impact analysis resulted in a conservative analysis because it is uncertain whether all of those projects will be developed. 2. Findings The Project will contribute to significant and unavoidable cumulative impacts on aesthetics, short-term air quality during construction, and native desert habitat. The Draft EIR originally concluded that the Project would have a potentially significant and unavoidable cumulative water supply impact. However, based on subsequent information and analysis provided in the supplement to the Draft EIR and in light of the whole record, the Project would not have a significant and unavoidable cumulative water supply impact. The City Council makes the following findings for these impacts: 53 City Council Resolution No. 22063 Page 36 of 44 Exhibit A— Findings of Facts a) As discussed above, all feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant cumulative environmental effects. b) No other feasible measures exist to mitigate these significant and unavoidable cumulative impacts. c) For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the City Council, the City Council finds that the significant cumulative impacts identified in this Section IX(R) are acceptable in light of the Project's overall benefits 3. Supportive Rationale The cumulative impacts of the proposed Project and identified related projects are evaluated in Section 8 of the EIR, which reviews the potential cumulative impacts for each environmental issue analyzed. By complying with local land use and planning standards, the Project will not substantially contribute to cumulative impacts with respect to cultural resources, hazardous materials, population and housing, noise, public services, recreation, transportation and traffic, utilities and service systems, land use, hydrology and water quality, geology and soils, agriculture, or mineral resources. The Project's contribution to these potential cumulative impacts will be minimized by adhering to the proposed mitigation measures and project requirements discussed above. The analysis results in the following conclusions with respect to significant cumulative impacts: a) The Project will transform the site from undeveloped desert to low- density residential development, necessarily altering the aesthetic character of the sites permanently. This alteration may be perceived by some as a significant impact. Full mitigation of this impact is not feasible because it would not achieve even the most basic project objective, which is to establish new residential development on this site that complements the surrounding development. b) The Project will contribute to a cumulative loss of native desert habitat that may be considered adverse. Full mitigation of this impact is not feasible because it would not achieve even the most basic project objective, which is to establish new residential development on this site that complements the surrounding development. 54 City Council Resolution No. 22063 Page 37 of 44 Exhibit A—Findings of Facts c) During the 18- to 24-month construction period, the Project may contribute to short-term adverse cumulative impacts related to NO, and PM,o emissions. Mitigation measures have been incorporated which limit the amount of land that can be disturbed at any one time, and that require that operations be shut down in high wind events. To further mitigate this impact would require reduction of the allowable area of grading at any one time, which would make the project economically infeasible and would result in the neighborhood being subject to construction disturbance for a longer period of time. S. 1. Discussion CEQA Guideline 15126 requires the evaluation of growth-inducing impacts, including whether a project will encourage economic and population growth or the construction of additional housing in the area. 2. Findings The Project represents a feature of planned growth in the City of Palm Springs and is not considered growth inducing. 3. Supportive Rationale Section 10.3 of the FEIR analyzes growth-inducing impacts. That section also evaluates the Project's consistency with related regional policies of the Southern Califomia Association of Governments ("SCAG'), including policies relating to population growth, housing, transportation and air quality. The FEIR makes the following conclusions: 1. The Project is consistent with the SCAG policies relating to population growth, housing, transportation and air quality. 2. The Project is not considered growth-inducing. X. FINDINGS CONCERNING PROJECT ALTERNATIVES CEQA Guideline 15126.6 requires an EIR to (1) describe a range of reasonable alternatives to the proposed project, or to the location of the project, that would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project; and (2) evaluate the comparative merits of the alternatives. In analyzing the feasibility of an alternative, the CEQA Guidelines list the following factors: site suitability; economic viability; infrastructure viability; social, legal and technological issues; and 55 City Council Resolution No. 22063 Page 38 of 44 Exhibit A— Findings of Facts jurisdictional boundaries. The purpose of the consideration and discussion of alternatives to the proposed project is to identify ways to mitigate or avoid the significant effects that a project may have on the environment. In doing so, CEQA Guideline 15126.6 also directs that the analysis of alternatives be limited to alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of project objectives, or would be more costly. The selection and discussion of alternatives to the project is intended to foster meaningful public participation and informed decision-making. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote or speculative. CEQA Guideline 15126.6 also requires the analysis of a "No Project" alternative and the identification of an "Environmentally Superior Alternative." If the environmentally superior alternative is the No Project Alternative, then the EIR is required to identify an environmentally superior alternative among the remaining alternatives. Finally, CEQA Guideline 15126.6 requires an EIR to identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination of such infeasibility. A_ Identification of Preferred Alternative Custom Lot Altemative 1. The custom lot alternative would develop the same number of units in the same layout as the proposed project, but all the lots would be sold as custom lots, and individually developed. 2. As compared to the proposed project, the impacts of the Custom Lot Alternative would be less than the proposed project, but still potentially significant in the following categories: • Aesthetics • Air Quality 3. Because the Custom Lot Alternative would reduce development-related environmental impacts, it is considered "Environmentally Superior" to the project. 4. After review, the applicant has determined that the Custom Lot Alternative, which is environmentally superior to the proposed project, is financially viable in this location, and, therefore, the proposed project is now the Custom Lot Alternative. 56 City Council Resolution No. 22063 Page 39 of 44 Exhibit A— Findings of Facts 5. Findings The Custom Lot Alternative was considered as an alternative in the FEIR, and the FEIR noted that the environmental impacts of the Custom Lot Alternative were the same or less than the originally proposed project. The Custom Lot Alternative does not contain any design features that would require additional analysis. The FEIR has therefore considered the effects of the Custom Lot Alternative, and no additional environmental analysis is necessary. B. Alternatives Considered But Rejected Several alternatives were considered that did not warrant further review in the EIR. Alternatives Analyzed in the EIR. These included: • Public purchase of the site • Off-site development alternatives C. Alternatives Analyzed in the Final EIR The City Council has considered the following alternatives for the Boulders Project identified in the EIR: • No Project Alternative Reduced Grading Alternative • Custom Lot Alternative (See discussion above) • Reduced Density Alternative The City has rejected the No Project Alternative, the Reduced Grading Alternative and the Reduced Density Alternative as infeasible or contrary to the project objectives for the reasons hereinafter stated: No Project Alternative 1. The No Project Alternative, as required by CEQA, assumes that the project site would remain In its existing undeveloped condition. 2. The No Project Alternative would eliminate all impacts associated with the construction of structures and introduction of residents to the site, including significant and unavoidable adverse effects to: • air quality • aesthetics • cumulative impacts 57 City Council Resolution No. 22063 Page 40 of 44 Exhibit A—Findings of Facts • adjacent residents during construction 3. Because the No Project Alternative would eliminate or reduce development- related environmental impacts, it is considered "Environmentally Superior" to the project. 4. The No Project Alternative fails to meet the following project objectives (See Section 3.3 of the Final EIR): • To create high quality in-fill development in an area that has already undergone substantial development, without intruding into undeveloped areas of the Chino Cone. The Boulders project achieves the objective of creating in-fill development because the site is among the last remaining substantial areas of vacant land within the otherwise developed area bounded by Highway 111 on the east, Tramway Road on the north, the Ague Caliente Indian Reservation lands to the west, and Vista Chino to the south. • In designing the Boulders project: one of the applicants objectives was to create new residential development that reflects and complements the overall pattern and character of existing surrounding uses. The existing Little Tuscany neighborhood lies directly south of the Boulders project. Developed at a density of approximately two units per acre, Little Tuscany is a self-contained eclectic neighborhood containing one-story and split-level single- family residences. Streets are narrow and winding, with lots terraced to account for elevation changes throughout the neighborhood. • The design objective for the Boulders project, which abuts Little Tuscany at Chino Canyon Road, is to provide a transition from the development style of Little Tuscany on the south to the existing slightly denser development to the east and north of the Boulders project site. The project achieves this objective by providing larger custom lots along its southern border on Chino Canyon Road, none of which will be mass-graded. This then permits development of these lots in an eclectic style similar to that of Little Tuscany. Further, these lots abutting Chino Canyon Road are designed to be larger than all but two of the lots in the Little Tuscany neighborhood, thereby assuring a compatible interface between the Boulders project and Little Tuscany. • The interior streets within the Boulders project, like those of Little Tuscany, are similarly designed with the objective of avoiding a linear grid pattern, thereby preserving the unique character of the area. The interior lots within the Boulders project site, while generally smaller 58 City Council Resolution No. 22063 Page 41 of 44 Exhibit A— Findings of Facts than the lots that front on Chino Canyon Road, are nonetheless similar to or slightly larger than the lots found in the existing neighborhoods to the east and north of the Boulders project site. The Boulders project design, therefore, meets the objective of providing a complementary transition from Little Tuscany to the Chino Canyon neighborhoods. • Because the Boulders project is an in-fill project between the Little Tuscany and Chino Canyon neighborhoods, one of the objectives of the project is to connect the two existing neighborhoods while still preserving the character of the area. As such, the applicant proposes to gate only the entrance at Via Escuela. This will allow the public to exit the Boulders and Little Tuscany areas through this gate, but only residents will have access for entry through the gate. This system increases safety to Little Tuscany in that it not only limits the introduction of new traffic into the Little Tuscany neighborhood but also provides an additional means of exiting the area and an additional means for emergency vehicles to access the area, thereby providing greater connectivity for residents of Little Tuscany. • The City of Palm Springs has worked for many years toward the revitalization of its downtown area and overall commercial base. A critical component in such an effort is assuring that the City can provide quality housing to attract residents and second residence owners who become the market for and support the businesses located in Palm Springs. In recent years, more and more luxury residential development has occurred in down-valley cities, following and feeding commercial development in those same communities. It is critical to assure that Palm Springs can offer similar quality housing opportunities if the City is to maintain the residential base needed to support the local economy and assure the City's place as a world- class resort. The Boulders project, therefore, aims to create luxury custom residences that take advantage of Palm Springs' unique physical features. • Due to its location and elevation in an in-fill area adjacent to the Chino Cone, the project offers the exceptional views available only in this area of Palm Springs, thereby achieving the objective of using the City's unique physical features to create high-quality residences. The high-quality development standards provide numerous variations for residence design and create luxury semi-custom and custom residence opportunities, resulting in residence values within both projects that will meet or exceed the values of the housing in the surrounding neighborhoods. 59 City Council Resolution No. 22063 Page 42 of 44 Exhibit A—Findings of Facts • At present, during major storm events, flooding conditions exist along certain areas in the Little Tuscany neighborhood. An objective of the Boulders project, therefore, is to improve drainage conditions in the general area by a combination of drainage channels, retention basins, and grading in conformity with current City standards that require lots be developed so as to avoid drainage onto adjacent property. In addition, the project will be designed to take care of existing runoff water that currently floods Panorama Street and surrounding residences. This is not required by the City or existing ordinance and will be achieved via the construction of a new storm drain along Chino Canyon Road and diverting existing overflows from the western DWA site through the Boulders project site rather than the Little Tuscany neighborhood. 5. The No Project Alternative would eliminate public benefits associated with the project including the roadway improvements, improved drainage and development associated fees to the City. 6. It is uneconomical to maintain the project site in its current state over the long-term, given its location within a developing area. Pressure to develop the land for higher economic uses will continue. Therefore, the No Project Alternative may postpone rather than preclude development. 7, The No Project alternative is inconsistent with the General Plan and current City zoning. Reduced Grading Alternative 1. The No Project Alternative seeks to reduce overall grading at the project site by reorienting street system to minimize lot-to-lot grade differences. 2. As compared to the proposed project, the impacts of the Reduced Grading Alternative would be less than the proposed project, but still significant in the following categories. • Aesthetics • Air Quality While impacts in these categories would be slightly less than the proposed project, the following significant impacts would remain the same. • Emissions of criteria pollutants on the 'Worst case" daily basis, which is the criteria for significance recommended by the South Coast Air Quality Management District sQ City Council Resolution No. 22063 Page 43 of 44 Exhibit A—Findings of Facts • The primary aesthetic impact is the change of the site from undeveloped to developed, which will be the same with the proposed project. 3. Impacts in other environmental categories are the same as the proposed project, or else the impacts of the proposed project are less than significant. 4. The Reduced Grading Alternative fails to meet the following project objectives (See Section 4.3 of the Final EIR): • To take advantages of the views from the project site, views from the proposed project are oriented in an east-west direction, and new residents will have primary views of Mount San Jacinto to the west, and downtown Palm Springs to the northwest. The Reduced Grading Alternative would shift such primary views east/west to north/south. Based on information and data provided by the applicant and by real estate agents in the City, views of Mount San Jacinto are a primary factor in establishing the value of properties in the area. Reduced Density Alternative 1. The reduced density alternative would develop fewer units than the proposed project. 2. As compared to the proposed project, the impacts of the Reduced Density Alternative would be less than the proposed project, but still significant in the following categories: • Aesthetics • Air Quality While impacts in these categories would be slightly less than the proposed project, the following significant impacts would remain the same: • Emissions of criteria pollutants on the "worst case' daily basis, which is the criteria for significance recommended by the South Coast Air Quality Management District • The primary aesthetic impact is the change of the site from undeveloped to developed, which will be the same with the proposed project. 3. The Reduced Density alternative has greater adverse impacts to land use, since the size of the proposed lots would be inconsistent with the lot sizes in the adjacent neighborhoods (See Table 6.1-B of the Final EIR). Reduced 61 City Council Resolution No. 22063 Page 44 of 44 Exhibit A— Findings of Facts density would mean further increasing the lot sizes, which would increase the incompatibility. Findings a) The EIR considered a reasonable range of alternatives to the Project. b) The City Council finds that the Custom Lot Alternative is environmentally superior to the originally proposed project because impacts to air quality and aesthetics are reduced although they remain significant. XI. RECIRCULATION As described in Section 1 of the FE1R, several minor changes were made in response to comments on the DEIR that clarify, amplify or make insignificant modifications to the DEIR. The information added to the FEIR has not deprived the public of a meaningful opportunity to comment upon any significant environmental effect of the Project or any feasible way to mitigate or avoid such an effect, Accordingly, the City Council finds that no "new significant information" (as that term is defined in CEQA Guideline 15088 5[a]) was added to the EIR since the release of the DEIR that would warrant recirculation as provided in CEQA Guideline 15088.5. XII. GENERAL CONSIDERATIONS Each and all of the Findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the EIR. All of the language included in these Findings constitutes Findings by the City Council, whether or not any particular sentence or clause includes a statement to that effect. All summaries of information in these Findings are based on the entire record of the proceedings, and the absence of any particular fact from any such summary herein is not an indication that a particular finding is not based, in part, on that fact. The City Council's analysis and evaluation of the EIR and the Project is based on the best information currently available. This practical limitation is acknowledged in CEQA Guideline 15151, which provides that "the sufficiency of an EIR is to be reviewed in light of what is feasible." 62 City Council Resolution No. 22063 Exhibit B BOULDERS PROJECT; STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project (Public Resources Code §21081[b]; 14 Cal. Code Rags §§15043, 15093[a]). As documented in the EIR and the Findings of Fact for the Project, the Project will result in significant and unavoidable direct and/or cumulative environmental effects relating to aesthetics, short-term air quality, and the loss of native desert habitat. Although not considered an adverse effect under the CEQA Guidelines, the construction of the Boulders (and Crescendo) projects will create a temporary cumulative neighborhood disruption for the existing residents during the estimated 18 to 24 months of major construction for both projects. Having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting the proposed mitigation measures, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the City Council has determined that social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse environmental impacts and render those potential unavoidable adverse environmental impacts acceptable. Each of the following benefits constitutes an overriding consideration warranting approval of the project independent of the other benefits despite the significant and unavoidable environmental effects: 1. The project will result in the construction of 45 high-end residences in the City of Palm Springs. According to economic data provided to the City Council, the following economic benefits would accrue from both the Boulders and Crescendo projects (combined): • One-time benefits to government agencies in the amount of $4 million from school fees, public park fees, building permit fees, TUMF fees, flood control fees and other fees. • Ongoing annual payments to government agencies in the amount of $2.86 million/year. • Increase in the disposable income of Palm Springs residents of$8.5 million annually. 2. Residents of the proposed development will, by necessity have high incomes, which will increase the demand for high-end retail in the City of Palm Springs. 63 City Council Resolution No. 22063 Page 2 of 2 Exhibit B—Statement of Overriding Considerations 3. The project will improve emergency access to the Little Tuscany neighborhood by widening Chino Canyon Road to minimum standards and by providing an alternate access route to and from the area during emergency conditions. The ability to protect existing residents from fires will be improved. It is acknowledged that some residents would prefer to keep Chino Canyon Road at a substandard width; however, this does adversely affect emergency response times. 4. The project will improve drainage conditions in the Little Tuscany Estates area by taking the following measures: a) Redirecting overflows from the Desert Water Agency (DWA) tanks west of the site through the Boulders project area rather than Chino Canyon Road and Panorama Road. b) Installing a 24-inch underground storm drain along Chino Canyon Road. In view of the foregoing, the City Council adopts this Statement of Overriding Considerations, finding that the benefits of the Boulders project outweigh its significant and unavoidable direct and cumulative impacts. Resolution No.22063 Exhibit C Boulders Project Environmental Impact Report Mitigation Monitoring Program November 7,2007 Responsible Party Monitoring Method of Sanctions Fre uencv Verification DPS-Director of Planning A-Prior to Issuance of A-On-site inspection 1-Withhold grading or building I Services or designee Grading Permitt CE-City Engineer or 1 B-Prior to Issuance of B-Other Agency 2-Stop work order desitUice Building Permit Permit/Approval CT-California Department of C-Prior to Construction C-Plan Check 3-Withhold approval of Transportation or designee I czradin Ian PC-Planning Commission or D-Throughout D-Separate Submittal 4-Withhold design review designee j Construction R orts/Studies/Plans) approval NC-City designated noise E-Prior to the Approval E-Planning 5-Withhold of occupancy consultant or designee of Grading Platt Commission Approval ermits DPW-Director of Planning F-Prior t0 Stan of Rock F-Payment of fees j Services Ctushin BM-Biological Monitor or G-Throughout Grading desi ee Ali H-Prior to Design. Review Approval 1-Upon completion of construction 1 6� Project File Name: applicant: Pre arch BV: LSA Associates Date: November 7 2007 Mitigation Measures No,llmplemendng Action Responsible Monitoring , � Tlmingof Verltkation Method al' - Verified Sanctions for for Frequency Verifleatlen Data tnifiols Non, rinitoring Compliance Mitigatioa from EnArbnrnental Impact Report Trans ortation and Traffic MM-TR-I:Tbeprojoa proptmant will prepare plans far CT B Prior to issuance of BIC 1 approval by the California Depurvnont of Transpoeanon buildin„pennies (Calnans)for the extension ofi,a northbound left-turn lane on Nonh Palm Cwvon odve al Via Escucla.The applicant shell unsure".hat the ralrnsion is implemented ?rio:m the issuance of building permits for the 5ovlders ]ra eel MM-TR-2;The project proponent will contribute CIE B Prior to issumt,c of F 1 the projett's four share of the construction cost of a budding permin traffic signal at the intersection of Via Esenele and North Palm Canyon Drive.The amount of the contribution wifl be determined by the City Engineer and se aced into a spatial accounL j NINI TR-3:Upon completion of maw:radiog of the CE C/Dil Prior w issuance of A 1112l5 Boulders site,the developer shall repair all existing building city streets providing construction access to the site. pennutsfThrougheur The suits will be resumed to a level of quality equal construetiovlpon w or greater than that prextting at the start of Completion of construction.Any deterioration of pavement CanstruonGn condition,including but not limited to potholes and cracking shall be corrected to the satisfaction of the Cuy Euginecr.All traffic control devices shall be restored to their preexisting condition,including all pavement markings.The following streets shall be subject to this condition: 1. Via Escucla west of North Palm Canon 2 6� Mitigstfan Measures No.Amplementing Action Responsible Monitoring, Timing ofVeriflcatlou Method of Verified Sanctions for for FreQuency ' Verification Dareanitieis Non- Monitoring Compliance Drive 2. Chino Canyon Road west of Via None 3. Milo Road,Jams Drive,Palermo Drive and Racquet Club Drive west of North Palm Canyon Drive d, Any other sweets used for construction access Upon completion ofcomtractien of the proposed residences,the same a scssment of street conditions will be made.In addition,all such streets used For construction access shall be slurry sealed and restritiod, Cultural Resources IDLM CULT-1:Prior to the approval of any grading UPS E Prior to approval of C 3 plan,the Director of Community Development of the gmdmg plan L�iry of Palm Springs will easure that the fallowing specification is included with grading requucmmLs: In the event of the accidental discovery or recognition ofany human ruins in any location on the project site other than a dedicated cemctay, the following steps will be taken: 1."Mune will be no further excavation or disturb=ace of the site or any nearby area i reasonably suspected to overlie adjacent human remains until (a)The Riverside County Coroner is contacted to determine that no investigation ofthe cause of death is roquired,and (b)lithe Coroner dulermines the remains to be Native Amencam • The Coroner will contact the Neriva American Heritage Commission ,-AH 3 Mitigatlun Measures No✓Implementing Action Responsible Monituring- Timipg of Verification 'Method of Verified Sanctions for , for, ,Freyueucy Verification Datellnttials Non- 1 Monitoring Compliance within 24 hours. • The NAHC will identify the person or persons it believes to be the most likely descended from the deceased Native American. • The most likely descendent(M-D)may make recommendations to the landowner or the person responsible for the excavation work,for matins of treating or disposing of, with appropriate dignity,the human remains and any associated grace goods as provided in Public Resources Code Section 5097.98, Or 2.Where the following conditions occur,the If` landowner or his authorized representative will rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a laeauoa not subject to further subsurface disturbance: (a) The NAHC is unable ro identify an li MW. (b)The ML➢identified failed to make a recommendation within 24 hours after ' being notified by the NA}3C. (n)The landowner or his authorized representative rejects die recommendation of the MLD,and the mediation by the NAHC fails to provide measures acceptable to the landowner. Aesthetics -AIM AES-l:The project shall incorporate as many DPS E Prior to approval of C i of the existing boulders as possible into project grading plan landscaping residential landscaping,slopes,and drainage comscs. NIM APS-2t The proposad ra-eat will not use two- ➢PS H Prior to Deli Review C 4 4 68 ntlgatton MeasunNoJlmplementing Action Reaponslble'. bloWtprlug- j; Thning ofverlficatlon Method of Verified Saodions for [or Trequ¢n¢p Vawiicarion Aate0nitlaia Non- ' Mortitorin � Cam fiance story element,adacent to any existing Structures. A p roval Ali Quality XIM AIR-I: DPS/PC E Prior to approval of Dig c Prior to the approval of a final grading plan by the grading plan City,the project proponent shall submit a detailed Grading and Rock Management Plan for review wd approval by the Planning Commission.This plan shall specify the fallowing. 1. Final estimates for grading volumes; indudin.cut and fill,off-site export of unsuitable material,and import of j appropriate material.Refused estimates for emissions of importrexport trips will beI, provided. 2. Final estimates ofon-site rock chat can be incorporated into the site for fill, laudscapiug elemems,or use in The dCCOmtiVe walls of residences,including rock that may be reduced in size,using the Nonex process. 3 Active grading shall be limited to 2.5 acres of disturbed areas. 4. I£on-site rock crushing is proposed and '. approved by the City when the project is ! ! approved,then the location and ewssioa facmrs of the exact equipment proposed to be used will be pm�ided.An updated analysic shall be submitted to the City demonstrating that FM10 and NO, cmissionx shall not exceed the SCAQMD daily limits,and that ockcrushing PMt� cmumions are equivalent to those listed in AP-42.Fifth Edition,Volume 1,Umted States Enviranmenrnl Protection Agency. 5 69 Mitigation Measures No✓Implemeating Action Responsible ; Monitorlug TlmingofVeriHcedou Method of Verified Sanctions for for Frequency - Verification Date/initial, Nma- Monttorin Corr liancc January 1995 for"controlled emissions 5. If or-site reek-emshing is not proposed,or is disallowed by the City when the pmjecl is approved,then an updated emissions analysis shall be pra,.idcd based upon the relocation plan fo"OtIcs that cannot be used on-ails:and the fitwl length of the hip to the reek disposal site.An updated analysis shall be submitted to the City demonstrating that PMia emissions shalt not exceed the SCAQMD daily limits.If the City overrides the potential NO,emission li exceedance when the project is approved, then the Grading and Rock Management '..� Plan shall demonstrate now the NO, emissions will be limited io wtdrin 25%of the SCAQMD construction threshold for NG, 6. Pnor to the commencement of grading,the City of Palm Springs shall retain,at the developer's expense,on air quality monitor who shall be prescet onsite at least three i hours per day during gredmg operations_ ! The monitor shall have the ability Lo"stop ! work"if visible dust is seen escaping from the site,or ifother measures specked m the Gradng and Rock Management Plaa are rat observed. 7. The plan shall demonstrate how the City's standard mitigation measures,listed in Scation 3.50 ofthe Palm Springs Municipal Code,shall bu incorporated into prof ecl construed,, 6 Mitigation Measures Nodimplemeating Action Responsible Mouituring Timing ofVormcation I Method of Verified Sanctions for Or Fmqueney Veriflation 0 Date/Initlith ' 'Nan' " Monitorin Coro Clancti Mlbi AIR-2:Mass grading of the Boulders and the CE A Prior to the issuance of A 1 Crescendo sites shall not occur simultanrously. gliding permit Accordingly,all graded areas of the firsLsite shall be stabilized prior to the issuance of a gading permit I for the second site. MM.AJR-3:The applicant shall require the CE, A/B Prior to issuance of C 1 construction contractor to use construction grading/building;permit equipment with low emission factors and high energy efficiency to the extem feasible.Prior to I issuance of grading and building permits,the City shall verify That grading and construction plans include a prominently displayed statement that all constnteiron equipment must(I)be tinted and maintained in accordance with manufacturers' speciGcaimos and(2)mutt or exceed Tier 2 i. standards,including the use of emulsified diesel fuels and oxidation cahnlysts particulate traps or I oilier vcriGed/certilled technologies as fea t-ble. Note:Such cquipuunt and fuels may not yet be available m the Palm Springs area;therefore,the I note"aa feasible"applies.No mitigation credit was taken in this anal sia for such mitigatian. MY[AIR-4:.411 residential fireplaces will be fueled DPS B Prior to issuance of C I by natural gas, building permiT I I 7 71 Mltlgatlon Measures No./froplerttenPng Actlan Responsible ,Mouitoring Tinting of Verificatlen Method of Verified ! Sanctions for for Frequency Veriflestlun, Date/Initials Non- Monitoring' - Compliance MM AIR-5:Exterior electrical outicts will be DPS H Prior to issuance of C I provided in Ergots and backs of residential units to budding permit faeilimre use of electnc landu pc equipment Noise NOI-1:Upon completion of the noise mitigation IrC F Prior to the start ofrock A 2 structure around the rock=roslxr,the applicant shall crusluog return a noise specialist to conduct the following team 'before the crusher goes into regular operation: !! The noise perforanance of the crusher and the noise attenuation structure will be measured at the property line of two residences closest to the structure(one north of the site end our south).Other construction acrvites will be shm down during this test.The noise levels at these locations will be measured when the crusbe.is opeating ocnnally.Ifthe noise 1evul aced those specified in the City's Zoning Ordinance Section 11 74.031 Noise Level Limit and Seen..11.74.0j2,then crusher operations will cease until additional attenuation can be added,or crusher operations modified,and du system retested. Ifthe system carrot be brought into compliance with the cited requirements,then I no rock further rack crashing activities will be allowed,and other means to address oversized rocks will be required. ! The results of the test will require certification by a City selected noise consultant. 8 72 bfitiption Measures Nollmplemenlsng Actiou Responsible Monitoring 'TimingofV'erification Method of i Verified Snnetions for far, Frequency Veiifiiotion I Date/Inithib Nan- Monitaria' Compliance This nst will be repeated at least every two months dmmgthe wnsnuctian penod.If the crusher is found to be out of compliance,then re,iar operations will be shut down until the cnuhmg system can be brought into compliance. This measure requires actual"in-the-field" com fiance with the City's requirements. AIN NOI-2:Prior to the issuance of grading CE A Prior to Lite issuance of GD 1 permits,the project proponent shall prepare,and the grading permits City shall review and approve,a technical study that demonstrates the required temporary structure provides sufficient noise reduction for die crusher to meet City Requirements as determined in dic City's ZordD2 Ordinance Secdoos 11_74.031 and 11.74.032. Biological Resources - NMI BIO.1:The following non-native,exotic plant DPS B Prior to the issuance of C l species shall act be utilized in the proj ect Ibuildin.'perntit laodscapmg or included in the plant palette that may be submitted or Included on landscape platy i pre-pazcd for the projeot BOT.0-TCAL NAME Acacia epp_(all species except A.greggtt) Arundo dons(s) Ampler semibaccate(x) Avers barbara Avena jarua Brassirn tournefortii/ax/ Beomu madritnuu ssp.r.hens(x) Bromw fecroram(a) Cortaderia jubara[sya C.afacere"sisj 9 73 Mitigation Measures No./fmplemeating Action Responsible I . Monitoring`, Timing of Verifimtion Method of Verffied Sanctions for for Frequency Verlfxcatlon Datdudfils Non- Monitoring I' ' Compliance Conaderia dioica[syn.C selloana] Descumtnta Sophia Eichhorma crassipes Elae nus angusfifol. Foentculum m1gare Hirschfeldia intana Lepidium latifalium ! Loli.mulll for Lolllam perenne h'eriam oleander j Mcodana g?auca(x) Oerothera berlandien/nJ Olea europea Parkinsoma aealeora(z) !, Pannisew n c/ondemimnn Pennisemm seracem Phoenix canoriewa N) Phoenix docNlifera(t!) ! Ricinus uommunis(z) SaLrola tra s(x) Schmw molle Schmw rerebinthifolius Schismua araMctu !! Schism.barbatm/�) Srlpa eapensis(zr� Tamonx spp.(all species)(xx) Taenlatherum rnpur-medusas Tribulmfarresrris Vinca major Yucca glorlosa(n") ]0 74 Mitlgatioa Yleasnres NoAmplematift Action Responsible Monitoring Timing of Verification I Method of Verified • Sanctionsfor for -frequency ! Verification Dateflnitials Non- ' '.Monitorio Con Ilan" Sources:CVAG YISHCP;California Exotic Pot Plant Council,United Slates Depertrnent of Agriculltue-Division of Plant Health and I Pest Prevanton Services,California Native Plant Society,Fremontia Vol,26 No 4, October 1998,The Jepson Manual;Iiig cl Plants of California,and County of San Diego Departmentaf Agriculture. Key to Table 4 indicates species not on CaiEPPC October 1999"Exotic Pest Plants ofGreatesi Ecological Concern in California"list X indicates speorei knowu to be invavivc in the MSHCP Plan Area XX indicates particularly troublesome invasive species NBI B742:A biological monitor shall be iocnted BM I G Throughout Grading A 2 ocsite during grading operations to remove and relocate any specimens of red diamond rattlesnake that are encountered. Hazards and Hazardous Materials -' MM HAZ-1:Prior to the commencement of grading DPS A Prior to the iticuance of D ] atiivitics,the developer shall inform all residents I grading permd Within 1,000 fee, B drolo and Water Quah MM HY-1 Prior to the approval of a grading pefpnt, DPW A Prior to issuance of CT) i the project proponent will submit,foi approval by grading permit the CityTyDirecror of Pablic Works,a final drainage plan based on a final hydrology study implememinC the following local and regional requlremenk, Policies and programs. a)The plain will demonstrate that ofF.um storm flows will nor be increased,and that all structures in the project are Protected from 100- ear storm 11 75 Mitigation Measures NoJfmplementiog Action Responsible .Monitoring Timing of VirlSeatlon Method of Verified Sanetionsfor for Frequency Verification Date/Initialr Non. Monitor' Compliance £taws. i b)All proposed facilities will be privaiely owned i and mainmined by the proposed Boulders prolcet i homeowners Association.The CC&Rs for the association shall clearly specify the requirements to mainlaio the drainage system in an efreluve l manner. c) The pl in will include specific pollution control lit mcasires and/or designs that meet the requirements of die National Pollution Discharge Elimination System and keep pollutants, including sediment,herbicides,pesticides and oil$,out of surface and ground waters, d)The plan will address the use of on-site 4.rcultuer retention basins to the greatest eXtent practical,to enhance opportunities for groundwater recharge,provide additional open space and wildlife habitat value,and reduce the necessity for and costs associated with of-sne stmmwater conveyance facilities. e)Prior to formation of the Homeowners -Association,the City Engineer shall review the proposed CC&Rs to ensure that language requiring effective rnaintenance of the drainage s tern is acceptable to the Cit . MM HY-2 Prior to the approval efany budding DPS B Prior to the issuance of C l permit,the City Director of Planning will building permit review plans to ensure the fallowing: i l a) Drought-toleram landscaping and water- efficient irrigation systems will be used as a means of reducing water consumption In all yard areas,consistent with the City of Palm Springs Efficient Landscape Ordinance. Conditions in the ordinance that ply to 12 76 Mitigation Measures NoAmplememing Action Responsible "Monitoring ':Timing of Verification Method of Verified Sanctions for for Frepency Verification Datwhitlats Non- ' Monitorin Compliance multi-family residences will be applied to this ' proiat I b) The project devxloper will irsmll low-l7uah toilets,low-flow showerheads and faucets in all new construction,in confin mou to with Section 179213 of the Health and Safety Code,Title 20,California Administrative Code Section 1601(b),and applicable sections of Title 24 of the State Code. c) The projectw➢l connect io the Gty's sewer system.Use of septic tanks will not be ermined. !, MM HY-3 Prior to the issuance of grading permits DPS A prior to it,.issuance of D 1 for any lots where adequate water supplies and fire grading permit flows would require pumping from the existing reservoirs,the applicant shall provide the City with v r tten confitmatma from the DIVA that adequate i water pressure is available to serve these lots. This condition may be satisfied in one of three manners: 1. DWA agrees that the existing pump is adequate to serve the project 2. DWA accepts the developers offerto Increase the capacity ofthe existing pumping syskt 3. DWA obtains separate environmental ammoval for its own additional resertnhs. Public Services - MM PSI:Prior m ore issuance pt'aay 15Al in Permit, CPS B Prior to the issuance of F 1 the project proponrnt shall annex to CFD 20011 to pay building permits far it,...d notice and tire..< ,oes. 13 77 City Council Resolution No. 22063 Exhibit D BOULDERS PROJECT. CONDITIONS OF APPROVAL November 7, 2007 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. PLANNING DEPARTMENT: Project Specific Condition: 1. In addition to the Hillside Development Review process, the applicant shall be required to submit Administrative Minor Modification (AMM) applications for lots (Lot 5, 7— 13, 23, 25, 26, 33, 34 and 44)that do not meet the required minimum lot dimensions (depth or width). 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 Tentative Tract Map 31095. 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 7P City Council Resolution No. 22063 Page 2 of 22 Exhibit D—Conditions of Approval abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owners) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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 recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer agree to support formation of or annexation into a Community Facilities District (CFD) to include the project site. Developer further agrees to waive any right of protest or contest such formation or annexation, provided that the amount of any assessment for any single family dwelling unit (or the equivalency thereof when applied to multiple family, commercial or industrial) as established through appropriate study shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. Prior to sale of any lots, or prior to the issuance of any certificate of occupancy: or prior to any approval of the Building Official that will allow the premises to be occupied, the CFD shall be formed, the annexation thereto shall occur, or at the option of the City Manager and Building Official, a covenant agreement may be recorded against any affected parcel(s) with the project, evidencing the Owner's binding consent, approval, and waiver of rights as provided in this condition of approval. 5. The applicant, prior to issuance of building permits, shall submit 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&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $631 filing fee, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 2 79 City Council Resolution No. 22063 Page 3 of 22 Exhibit D —Conditions of Approval 7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residentlal development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 8. 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 projects or '/% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning 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. 9. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. Environmental Assessment: 10.The mitigation measures of the final environmental impact report shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the final environmental impact report will be included in the plans prior to Planning Commission consideration of the environmental assessment. 11.The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. Details of walls and fencing (materials and color) submitted with final landscape plan. All walls shall be 3 i City Council Resolution No. 22063 Page 4 of 22 Exhibit D—Conditions of Approval located back from the top of the slope to permit screening by landscaping and stacked boulders. Walls and fences shall be adequately and entirely screened by stacked boulders. 12.Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The landscape palate shall utilize drought tolerant species. Planting of turf shall be prohibited in front yards- Turf shall otherwise be limited to active recreation areas in rear yards only (including private yards). The utilization of desert vegetation shall be incorporated throughout the project site. The developer shall be responsible for installation of front and rear yard landscape, irrigation and exterior lighting. The HOA will be responsible for enforcement of these requirements. 13.Hillside related conditions: a) Disturbed areas not proposed for development shall be re-naturalized and re- vegetated. b) Utilize low lighting levels to avoid glare c) All utilities shall be located underground. d) Plant species native to the immediate region shall be used in all non- recreational landscaping located in or adjacent to open space areas. e) Special attention shall be undertaken to re-naturalize slopes and areas adjacent to slopes, retention areas and project perimeters with boulders and heavy landscaping to the satisfaction of the Director of Planning Services. f) Rock crushing —All sizes of rocks and boulders shall be retained for use in re- naturalizing slopes, which represent existing natural diversity of rock sizes. g) Retaining walls visible from the public right of way shall be softened and screened by stacked boulders. h) Split level pads are desirable, and shall be required for two story residences. i) The site shall be integrated into the existing neighborhood with pedestrian trails and bike paths- General/Grading: 14..Maximum pad heights are specified on TTM 31095 for each lot as part of the subdivision. The proposed retaining wall on the east side of lot #31 shall be replaced by a landscaped and re-naturalized slope, which does not exceed a 2:1. No additional walls shall be allowed on the east side of this lot. Reduce wall heights where practical to the satisfaction of the Director of Planning Services. 4 81 City Council Resolution No. 22063 Page 5 of 22 Exhibit D—Conditions of Approval 15.Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16.The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17.Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 18,The site shall be re-naturalized following grading operations. 19.Retaining walls in excess of six feet shall be discouraged. Retaining walls shall be moved away from the rear yard property lines, and softened with the use of Stacked boulders and landscaping. These rear yard slopes should then be re- naturalized. 20.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. POLICE DEPARTMENT: 21.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 22.Prior to any construction on—site, all appropriate permits must be secured. FIRE DEPARTMENT: 23.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) 5 City Council Resolution No. 22063 Page 6 of 22 Exhibit D— Conditions of Approval 24.Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 25.1-ocked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 26.Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. 27.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. 28.Access for fire fighting 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) 29.An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing shall be permitted within 3 feet of fire hydrants, except groundcover plantings. 30.Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing shall be permitted within 3 feet of fire hydrants. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1_ Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. s �3 City Council Resolution No. 22063 Page 7 of 22 Exhibit D— Conditions of Approval 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 3. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. SANBORN WAY 4. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of 50 feet along the entire frontage between Milo Drive and Janis Drive. 5. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire frontage, with a 25 feet radius curb return at the southwest comer of the intersection of Sanborn Way and Janis Drive in accordance with City of Palm Springs Standard Drawing No. 200. i 6. Construct pavement with a minimum pavement section of 21/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage from Milo Drive to Janis Drive in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. VIA ESCUELA 7. Construct full width pavement, a minimum of 24 feet wide, from the edge of the existing paved travel way east of Leonard Road, to the project entrance. Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, If an alternative 84 City Council Resolution No. M63 Page 8 of 22 Exhibit D — Conditions of Approval 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. 8. Provisions for conveyance of concentrated stormwater runoff from the project site onto Via Escuela shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff Is directed easterly towards existing drainage carriers with the capacity to contain the concentrated stormwater runoff. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. 9. Provisions for the interception of nuisance water and other low flow runoff shall be provided on-site to prevent drainage water from entering directly onto Via Escuela from the project site, through the use of a minor storm drain system that collects and conveys the nuisance water or runoff to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through methods approved by the City Engineer. Provisions for intercepting nuisance water and other low flow runoff shall be made to the satisfaction of the City Engineer. CHINO CANYON ROAD 10. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of i 50 feet along the entire frontage where required. 11. Construct a concrete wedge curb or other approved drainage carrier along the northerly edge of the widened street section. Provisions for the conveyance of stormwater runoff tributary to and falling on Chino Canyon Road shall be made to the satisfaction of the City Engineer. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this { development. 12. Construct pavement widening to provide a minimum 24 feet wide paved travel way along the entire frontage. Asphalt pavement coring and sampling of the existing paved travel way shall be performed to determine the condition of the existing pavement. If warranted, the existing pavement shall be removed and replaced with new asphalt concrete pavement, or, an asphalt pavement overlay or other improvements consistent with the findings of a geotechnical report shall be constructed to the satisfaction of the City Engineer. Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an altemative pavement section is s City Council Resolution No. 22063 Page 9 of 22 Exhibit D—Conditions of Approval I 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. 13. in coordination with the Planning Department, provisions for on-street parking areas shall be made where possible, along the frontage of the subject property. All parking or shoulder areas shall be constructed of compacted material that meets the requirements of the City's PM10 Dust Control Ordinance. 14. Provisions for interception of stormwater runoff from the on-site streets onto Chino Canyon Road shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff is directed into the proposed drainage system for the development. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development_ PALERMO DRIVE 15. Appropriate removals and reconstruction of the existing southerly end of Palermo Drive shall be made to the satisfaction of the City Engineer, as necessary to extend and connect to Palermo Drive as shown on the revised Tentative Tract Map 31005 (dated February 16, 2005). LEONARD ROAD 16. Construct half-width street improvements to provide a minimum 24 feet wide paved traveiway along the frontage of the property (adjacent to Lot "A"), extending to the existing edge of pavement at the southerly and of Leonard Road, to the satisfaction of the City Engineer. The minimum 24 feet wide travelway shall be constructed, extending Leonard Road to Via EScuela. Construct pavement with a minimum pavement section of 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R' values from the project site and submitted to the City Engineer for approval. VISTA DRIVE 17. The applicant shall recommend and install appropriate end of road regulatory signs, striping, markings or other improvements at the southerly end of Vista Drive, subject to the review and approval by the City Engineer. 9 86 City Council Resolution No. 22063 Page 10 of 22 ExhibitD—ConditionsofApproval ON-SITE (PRIVATE) STREETS 18. Dedicate easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. i 19. All centerline radii shall be a minimum of 130 feet. 20. On-site streets shall be constructed with an inverted cross-section, using a 3 feet wide concrete ribbon or "valley" gutter along the centerlines of a[] streets. Provisions for interception of all stormwater runoff from the on-site streets to oft- site public streets shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff is directed into the proposed drainage system for the development or to existing drainage carriers with the capacity to contain the concentrated stormwater runoff. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. 21. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from edge of pavement) where no on-street parking is proposed. Construction of a concrete mow strip or other permanent edge treatment acceptable to the City Engineer shall be provided. Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 22. In coordination with the Planning Department, provisions for on-street parking areas shall be made where possible, along the frontage of the on-site streets. All parking or shoulder areas shall be constructed of compacted material that meets the requirements of the City's PM10 Dust Control Ordinance. 23, On-street parking shall be prohibited along all on-site private streets except for specific pull-out or parking areas that are provided in designated locations. Provisions for restrictions of on-street parking within the private streets and for maintaining clear two-way 24 feet wide access for service and emergency vehicles shall he included in Covenants, Conditions, and Restrictions (CC&R's) for this project. The CC&R's shall be provided to the City Attorney for review and approval prior to approval of the final map. 10 87 City Council Resolution No. 22063 Page 1 t of 22 Exhibit D — Conditions of Approval 24. Regulatory signs restricting parking to off-pavement locations only shall be installed at all tract entrances, as approved by the City Engineer and Fire Marshall. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. (modirled by the City Council on 10/17/07) 25. The ends of the on-site streets shall have a hammerhead or other turn-around configuration approved by the Fire Marshall, 26. Palermo Drive shall terminate in a cul-de-sac, constructed in accordance with City of Palm Springs Standard Drawing No. 101, unless a hammer-head or other approved emergency vehicle turn-around is approved by the Fire Marshall, 27. Gated or restricted access to the on-site private streets is prohibited, except for the main access at Via Escuela, SANITARY SEWER 28. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 29. Existing sewer plans for the construction of public sewer main within Via Escuela are approved and on file (see File 1D-1-28 approved March 23, 1977). Existing sewer plans for the construction of public sewer main within Chino Canyon Road are approved and on file (see Files 1 D-1-102, 106, and 107 approved July 7, 1083). If used for construction, the approved sewer plans shall be revised to reflect current "as-built' or record conditions adjacent to and on-site, as well as to include construction of current City standards, and submitted to the Engineering Division for review and approval. Otherwise, new sewer improvement plans prepared by a California registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new or revised sewer improvement plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 30. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to Issuance of sewer construction permits. 31. Construct an off-site extension of the existing 8 inch V_C_P_ public sewer main within Via Escuela from its current terminus near Tuscan Road. 11 E& City Council Resolution No. 22063 Page 12 of 22 Exhibit D— Conditions of Approval 32. Construct an 8 inch V.C.P_ public sewer main within Chino Canyon Road from the west property line to the east property line (across the entire frontage). Provisions for future extension of sewer service to adjacent properties, including installation of sewer laterals, shall be included in sewer plans prepared for Chino Canyon Road. New sewer laterals shall be extended to property line along both sides of Chino Canyon Road. 33. Construct an 8 inch V.C.P. sewer main within all on-site private streets and connect to the extended public sewer main in Via Escuela. 34. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 35. Dedicate a 30 feet wide easement to the City of Palm Springs over the retention basin (Lot "C"), and Lots 35, 36 and 37 for sewer purposes, with the right of ingress and egress for service vehicles and personnel, as necessary to extend sewer service from Chino Canyon Road. The proposed 30 feet wide combination water and sewer easement shown an the revised Tentative Tract Map 31095 (dated February 16, 2006) shall be relocated, and not equally divided over Lot "C' and Lots 35, 36, and 37. A separate lettered lot shall be created for this easement. Lot "C", and Lots 35; 36, and 37 shall be adjusted to provide for the separate lettered lot. The easement shall be graded and constructed with permanent and stable material, subject to the approval of the City Engineer, passable by heavy trucks and equipment. 36. The 30 feet wide sewer easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Access to the public sewer easement from Chino Canyon Road to the south end of Palermo Drive shall be maintained, including, if necessary, 15 feet wide gates with lock and access provided to the City of Palm Springs. 37. The applicant shall provide sewer service to Lots 19 and 20 by constructing an extension of the proposed on-site 8 inch V.C.P. public sewer main in Janis Drive to Sanborn Way, and in Sanbom Way across the frontage of Lots 19 through 21, as necessary to provide sewer service in accordance with standard sewer design guidelines. The sewer main in Sanborn Way shall be designed at sufficient depth to provide sewer service to the lower pad elevations of Lots 19 and 20. 12 89 City Council Resolution No. 22063 Page 13 of 22 Exhibit D —Conditions of Approval 38. Costs associated with construction of off-site sewer laterals (extending to the south side of Chino Canyon Road) may be reimbursed, pursuant to a Sewer Reimbursement Agreement approved by the City Council, in accordance with the policies established by Resolution 13773, and amended by Resolution 15975. Following completion and acceptance of the off-site sewer laterals by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Sewer Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Sewer Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. GRADING 39. Mass grading of the site is prohibited. Rough grading shall be restricted to only that grading necessary to construct infrastructure, and to achieve finish grade of the on-site and adjacent off-site streets. Rough grading of residential pads shall require separate approval of grading plans for individual custom homes, in accordance with Section 93.13.00 "Hillside Developments" of the Palm Springs Zoning Code. 40. The active area of rough grading shall be restricted to an area no greater than 2.5 acres in size at any one time. The Grading Plan shall clearly show the limits (daylight line) of grading for rough grading to construct infrastructure, and to achieve finish grade of the on-site and adjacent off-site streets, and shall show sequencing and phasing of rough grading necessary to limit active grading areas to no greater than 2.5 acres in size at any one time. 41, Submit a Rough Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identried 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 13 90 City Council Resolution No. 22063 Page 14 of 22 Exhibit D —Conditions of Approval Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. I a. The first submittal of the Rough 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 39. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to approval of the Grading Plan. 40. 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. 41. The applicant shall obtain approvals to perform any off-site grading from the record owner(s) of adjacent properties as may be necessary. The rough grading plan shall clearly show the limits of grading around the project perimeter. Required approvals shall include, but not be limited to: a right-of-entry and 14 91 I City Council Resolution No. 22063 Page 15 of 22 Exhibit D— Conditions of Approval construction easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney. Off-site approvals by the adjacent property owners shall be required prior to approval of the Grading Plan. 42. 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. 43. 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. 44. 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. Evaluation of and recommended improvements for existing asphalt concrete pavement along the Chino Canyon Road frontage shall be addressed by the Geotechnical/Sails Report prepared for this development. 45. 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 located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 46. Rock crushing operations shall be prohibited. 47. Prior to approval of a Grading Plan, the City of Palm Springs shall retain, at the developer's expense, a grading and dust control monitor who shall be present on site at least three hours per day, or as required by the City Engineer, during grading operations. The monitor shall have the ability to stop work if visible dust is seen escaping from the site, or if other measures specified in the Grading and Rock Management Plan are not observed. 15 sz City Council Resolution No. 22063 Page 16 of 22 Exhibit D—Conditions of Approval DRAINAGE 48. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. On-site retention and other storm drainage facilities approved by the City Engineer shall be required. 49. The Preliminary Hydrology Study entitled "The Boulders Tentative Tract Map No. 31095," prepared by Mainlero, Smith, & Associates (revised October 1, 2004), shall be amended as necessary to reflect the revised site plan and preliminary grading plan as shown on the revised Tentative Tract Map 31095 (dated February 16, 2005). The Final Hydrology Study shall be reviewed and approved by the City Engineer prior to approval of a grading plan. 50. Stormwater runoff generated off-site that historically outlets onto Chino Canyon Road near Panorama Road shall be accepted and conveyed through a new drainage system to be constructed as part of this development. The on-site retention basin (Lot "C°) shall be adequately sized to accept the off-site stormwater runoff. Design standards, landscaping, aesthetic treatment, and other improvements to on-site retention basins shall be made acceptable to the Director of Planning Services. 51. The applicant shall install a drywell, or series of drywells, within each retention or detention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin_ The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right: in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with Costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 52. Reserve private drainage easements across Lots within the map as necessary to accept and convey off-site stormwater runoff through the development, as required by the Final Hydrology Study reviewed and approved by the City Engineer, 16 93 City Council Resolution No. 22063 Page 17 of 22 Exhibit D— Conditions of Approval 53. The applicant shall be responsible for construction of drainage improvements, including but not limited to retention basins, catch basins, storm drain lines, inlet and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a Final Hydrology Study for the development, as approved by the City Engineer. The Preliminary Hydrology Study for the development shall be amended to include catch basin sizing, storm drain pipe sizing, inlet structure sizing, outlet structure sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 54, Provisions for acceptance and conveyance of runoff of domestic water resulting from maintenance operations or as a result of rupture or other failure of the Desert Water Agency water storage tanks and facilities shall be made to protect the proposed development from flood hazards to the satisfaction of the City Engineer. 55. All on-site storm drain systems, including the off-site storm drain improvements constructed in Chino Canyon Road, shall be privately maintained by a i Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 56. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 57. 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. 17 94 City Council Resolution No. 22063 Page 18 of 22 Exhibit D—Conditions of Approval GENERAL 58. All on-site and off-site street improvements, and all perimeter landscaping and parkway improvements shall be completed prior to issuance of the first certificate of occupancy 59. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backflled 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 retumed to a condition equal to or better than existed prior to construction of the proposed development. 60. 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 Cahullla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicants 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. 61. All proposed utility lines shall be installed underground. 18 95 f City Council Resolution No. 22063 Page 19 of 22 Exhibit D— Conditions of Approval 62. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 63. All existing utilities shall be shown on the grading and street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 64. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) format$- 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. 65. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved Improvement plans shall be submitted to the City Engineer for approval prior to construction. 66. Nothing shall be constructed or planted in the comer cut-off area of any (intersection or) driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 67. 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. 19 96 City Council Resolution No. 22063 Page 20 of 22 Exhibit D — Conditions of Approval MAP 68. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 69. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of a Final Map. 70. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I_S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (In U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (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. 71. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the extinguishment, quit-claim, relocation or abandonment of the record easement(s), building permits for proposed buildings encumbered by the existing record easement(s) will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected lots. 20 97 City Council Resolution No. 22063 Page 21 of 22 Exhibit D— Conditions of Approval TRAFFIC 72. As determined by the Traffic Study by George Dunn Engineering for this development (as revised February 16, 2005), the following mitigation measure will be required: a. Pay a fair share contribution determined as $3000 for the installation of a future traffic signal at the intersection of N. Palm Canyon Drive and Via Escuela. The fair share contribution of $3000 shall be paid to the City of Palm Springs prior to approval of a final map. 73, Traffic striping and signage plans prepared by a California registered civil engineer shall be submitted to Caltrans for review and approval, to provide for northbound and southbound left turn packets with 40 feet of storage on North Palm Canyon Drive and Via Escuela, in accordance with the traffic study prepared by George Dunn Engineering (as revised December 11, 2003). Final striping and traffic signage shall be installed and accepted by Caltrans and the City Engineer prior to issuance of a certificate of occupancy. 74. Street name signs shall be required at each on-site street intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Developer shall create a street name sign system reflective of special neighborhood standards. 75. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic at the following locations in accordance with City of Palm Springs Standard Drawing Nos. 620- 625. a. Northwest comer of Panorama Road and Chino Canyon Road b_ Northwest comer of Vista Drive and Chino Canyon Road c. Northwest comer of Leonard Road and Via Escuela d. Southwest comer of Sanborn Way and Janis Drive e. Northeast corner of Lot 10 (for eastbound traffic) f. Southeast comer of Lot 30 (for southbound traffic) g_ Northeast corner of Lot 13 (for eastbound traffic) h. Northwest corner of Lot 32 (for northbound traffic) 76. 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 21 96 City Council Resolution No. 22063 Page 22 of 22 Exhibit D—Conditions of Approval Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 77. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 22 99 ATTACHMENT 2 VICINITY MAP 100 v Department of Engineering Services ' ♦ 9O'rovme`P� n Vicinity Map �'Oi IJORM�p �� Y` S RACQUET CLUB Rd rc a C N H v > m z x p N O N p 3 2 Z.+ z K� ~ N p �. p a VIA OLIVERA JO G Oz g NALIVORNO w 1 SA NB ORN+WAY a VIA ESCUELA r N S Cyr kYO�Ro p a %L00R 5 PANORAMA RO Legend CORONADOAVE ®Site a F-1509 Radius 0... . ...... 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I .r.,r 14 III', rn rj & w.�r c zwa& Mp [11111 a:� ura' n.ax uw k §. 44 7 Y 37 35 9 �[11 8 w.,y.Tz mxa Y re xo'«arc e+u wPoag s, s S £ [® LOT 0. xtlp .,o� a zw y` i z .z 36 -•-My{!y��t�{(y�p,' rimlaYr-- 0 DyT�.��'rwoa v'wnJwlE NH.ow,1A j R1':. ' '>05� � cH� "�. 108 ATTACHMENT 4 SUBDIVISION IMPROVEMENT AGREEMENT 109 RECORDING REQUESTED BY! CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: City of Palm Springs P. O. Box 2743 Palm Springs, CA 92263 Attn: Office of the City Clerk SPACE ABOVE FOR RECORDER ONLY Filing fee EXEMPT per Government Code 6103 SUBDIVISION IMPROVEMENT AGREEMENT Grit Development, LLC and The City of Palm Springs, California THIS AREA FOR RECORDER ' S USE ONLY TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement............................................................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval............................................................................. 2 1.3 Intent of Plans............................................................................................ 2 1.4 Survey Monuments.................................................................................... 2 1.5 Performance of Work................................................................................. 2 1.6 Changes in the Work ................................................................................. 2 1.7 Defective Work .......................................................................................... 3 1.8 No Warranty by City................................................................................... 3 1 .9 Authority of the City Engineer .................................................................... 3 1 .10 Documents Available at the Site................................................................ 3 1 .11 Inspection .................................................................................................. 3 1.12 Compliance with Law................................................................................. 4 1.13 Suspension of Work................................................................................... 4 1.14 Final Acceptance of Works of Improvement ..............................................4 2. Time for Performance........................................................................................... 4 2.1 Commencement and Completion Dates.................................................... 4 2.2 Phasing Requirements............................................................................... 5 2.3 Force Majeure............................................................................................ 5 2.4 Continuous Work ....................................................................................... 5 2.5 Reversion to Acreage ................................................................................ 5 2.6 Time of the Essence.................................................................................. 6 3. Labor.................................................................................................................... 6 3.1 Labor Standards ........................................................................................ 6 3.2 Nondiscrimination ...................................................................................... 6 3.3 Licensed Contractors................................................................................. 6 3.4 Workers' Compensation............................................................................. 6 4. Security ................................................................................................................ 6 4.1 Required Security ...................................................................................... 6 4.2 Form of Security Instruments..................................................................... 7 4.3 Subdivider's Liability .................................................................................. 8 4.4 Letters of Credit ......................................................................................... 8 4.5 Release of Security Instruments................................................................ 9 1 � 11 5. Cost of Construction and Provision of Inspection Service ................................................................................................................. 9 5.1 Subdivider Responsible for All Related Costs of Construction............................................................................................... 9 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................................................ 10 6. Acceptance of Offers of Dedication .................................................................... 10 7. Warranty of Work................................................................................................ 10 8. Default................................................................................................................ 10 8.1 Remedies Not Exclusive.......................................................................... 10 8.2 City Right to Perform Work ...................................................................... 10 8.3 Attorney's Fees and Costs....................................................................... 11 9. Indemnity............................................................................................................ 11 10 General Provisions ............................................................................................. 11 10.1 Successors and Assigns.......................................................................... 11 10.2 No Third Party Beneficiaries .................................................................... 11 10.3 Entire Agreement; Waivers and Amendments......................................... 11 11. Corporate Authority ............................................................................................ 11 2 112 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2017, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and Grit Development, LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 31095 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs; The easements over lots "D" and "E", inclusive, shown as "public streets". The dedication is for public utility purposes together with the right of ingress and egress for emergency vehicles within the "private road easements". The real property described below is dedicated as an easement for public purposes: The easements over lots "F" through "K", inclusive, shown as "private streets". The dedication is for street and public utility purposes together with the right of ingress and egress for emergency vehicles within the "private road easements". The real property described below is dedicated as an easement for public purposes: The easements over lot "I", shown as "sewer, water and P.U.E." (public utility easement). The dedication is for sewer, water and public utility purposes together with the right of ingress and egress for emergency vehicles. The real property described below is dedicated as an easement for public purposes: The 15' wide easement over lots 1 , 2, 3, 7, 8, 9, 10, 36 and 45 shown as public utility easements (P.U.E.). The dedication is for public utility, sewer and storm drain purposes. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to 1 113 City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1 . Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $7,600,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 2 114 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 3 115 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. 4 116 No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a 5 117 right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of 6 ilg Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $7,600,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $3,800,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 30,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $1,140,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: 7 119 (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance 8 120 under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until 9 121 such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make 10 12''L such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any 11 123 Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 124 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Kathleen D. Hart, MIMIC, Interim City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager/City Engineer SUBDIVIDER: Grit Development, LLC, a California Limited Liability Company Check one: _Individual _Partnership_Corporation* X Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 1. 25 Mailing Address: Grit Development, LLC 555 South Sunrise Way, Suite 200 Palm Springs, Ca 92264 (760) 325-3321 14 126 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California ) )ss. County of Riverside ) On before me, (notary public), Date Name and Title of Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature of Notary Public 15 127 EXHIBIT "A" TRACT MAP 31095 LEGAL DESCRIPTION Tract Map No. 31095, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 126 EXHIBIT "B" TENTATIVE TRACT MAP 31095 CONDITIONS OF APPROVAL 17 1. 29 EXHIBIT A TENTATIVE TRACT MAP 31095 APN # 504-150-002, -008, -009 751 WEST VIA ESCUELA - WESSMAN DEVELOPMENT CONDITIONS OF APPROVAL September 26, 2007 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. PLANNING DEPARTMENT: Project Specific Condition: 1. In addition to the Hillside Development Review process, the applicant shall be required to submit Administrative Minor Modification (AMM) applications for lots (Lot 5, 7 — 13, 23, 25, 26, 33, 34 and 44) that do not meet the required minimum lot dimensions (depth or width). 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 Tentative Tract Map 31095. 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 Attomey. 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, 000013 130 Conditions of Approval September 26,2007 TTM 31096 Page 2 of 22 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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 recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer agree to support formation of or annexation into a Community Facilities District (CFD) to include the project site. Developer further agrees to waive any right of protest or contest such formation or annexation, provided that the amount of any assessment for any single family dwelling unit (or the equivalency thereof when applied to multiple family, commercial or industrial) as established through appropriate study shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. Prior to sale of any lots, or prior to the issuance of any certificate of occupancy, or prior to any approval of the Building Official that will allow the premises to be occupied, the CFD shall be formed, the annexation thereto shall occur, or at the option of the City Manager and Building Official, a covenant agreement may be recorded against any affected parcel(s) with the project, evidencing the Owner's binding consent, approval, and waiver of rights as provided in this condition of approval. 5. The applicant, prior to issuance of building permits, shall submit 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&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $631 filing fee, or the 2 n ryrrnr // �OUnYY 131 conditions of Approval September 26,2007 TTM 31096 Page 3 of 22 fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shalt be based upon the cost to acquire and fully improve parkland. 8. 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 projects or '/4% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning 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. 9. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. Environmental Assessment: 10.The mitigation measures of the final environmental impact report shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the final environmental impact report will be included in the plans prior to Planning Commission consideration of the environmental assessment. 3 000015 1.32 Conditbns of Approval September 26.2007 TTM 31095 Page 4 of 22 - 11.The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. Details of walls and fencing (materials and color) submitted with final landscape plan. All walls shall be located back from the top of the slope to permit screening by landscaping and stacked boulders. Walls and fences shall be adequately and entirely screened by stacked boulders. 12. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The landscape palate shall utilize drought tolerant species. Planting of turf shall be prohibited in front yards. Turf shall otherwise be limited to active recreation areas in rear yards only (including private yards). The utilization of desert vegetation shall be incorporated throughout the project site. The developer shall be responsible for installation of front and rear yard landscape, irrigation and exterior lighting. The HOA will be responsible for enforcement of these requirements. 13.Hillside related conditions: a) Disturbed areas not proposed for development shall be re-naturalized and re- vegetated. b) Utilize low lighting levels to avoid glare c) All utilities shall be located underground. d) Plant species native to the immediate region shall be used in all non- recreational landscaping located in or adjacent to open space areas. e) Special attention shall be undertaken to re-naturalize slopes and areas adjacent to slopes, retention areas and project perimeters with boulders and heavy landscaping to the satisfaction of the Director of Planning Services. f) Rock crushing — All sizes of rocks and boulders shall be retained for use in re- naturalizing slopes, which represent existing natural diversity of rock sizes. g) Retaining walls visible from the public right of way shall be softened and screened by stacked boulders. h) Split level pads are desirable, and shall be required for two story residences. i) The site shall be integrated into the existing neighborhood with pedestrian trails and bike paths- Genera I/Grad ing: 14..Maximum pad heights are specified on TTM 31095 for each lot as part of the subdivision. The proposed retaining wall on the east side of lot #31 shall be replaced by a landscaped and re-naturalized slope, which does not exceed a 2:1. No additional walls shall be allowed on the east side of this lot. Reduce wall heights where practical to the satisfaction of the Director of Planning Services. 4 000016 133 Conditions of Approval September 26,2007 TTM 31095 Page 5 of 22 15.Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16.The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17.Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6° deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 18,The site shall be re-naturalized following grading operations. 19.Retaining walls in excess of six feet shall be discouraged. Retaining walls shall be moved away from the rear yard property lines, and softened with the use of stacked boulders and landscaping. These rear yard slopes should then be re- naturalized. 20.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. POLICE DEPARTMENT: 21.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 22.Prior to any construction on—site, all appropriate permits must be secured. FIRE DEPARTMENT: 23. 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) 5 000017 1. 34 Conditions of Approval September 26,2007 TTM 31095 Page 6 of 22 24. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 25.Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 26.Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. 27.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. 28.Access for fire fighting 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) 29.An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing shall be permitted within 3 feet of fire hydrants, except groundcover plantings. 30.Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing shall be permitted within 3 feet of fire hydrants. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. B 000018 135 Conditions of Approval September 28,2007 TTM 31095 Page 7 of 22 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits, 3. The applicant shall be required to construct asphalt Concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are Complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. SANBORN WAY 4. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of 50 feet along the entire frontage between Milo Drive and Janis Drive. 5. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire frontage, with a 25 feet radius curb return at the southwest corner of the intersection of Sanborn Way and Janis Drive in accordance with City of Palm Springs Standard Drawing No. 200. 6. Construct pavement with a minimum pavement section of 2'/ inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage from Milo Drive to Janis Drive in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. VIA ESCUELA 7, Construct full width pavement, a minimum of 24 feet wide, from the edge of the existing paved travel way east of Leonard Road, to the project entrance, Construct pavement with a minimum pavement section of 2'/ inches asphalt Concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative 7 000019 1.36 Conditions of Approval September 26.2007 TTM 31095 Page S of 22 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. & Provisions for conveyance of concentrated stormwater runoff from the project site onto Via Escuela shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff is directed easterly towards existing drainage carriers with the capacity to contain the concentrated stormwater runoff. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. 9. Provisions for the interception of nuisance water and other low flow runoff shall be provided on-site to prevent drainage water from entering directly onto Via Escuela from the project site, through the use of a minor storm drain system that collects and conveys the nuisance water or runoff to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through methods approved by the City Engineer. Provisions for intercepting nuisance water and other low flow runoff shall be made to the satisfaction of the City Engineer. CHINO CANYON ROAD 10. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of 50 feet along the entire frontage where required. 11. Construct a concrete wedge curb or other approved drainage carrier along the northerly edge of the widened street section. Provisions for the conveyance of stormwater runoff tributary to and falling on Chino Canyon Road shall be made to the satisfaction of the City Engineer. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. 12. Construct pavement widening to provide a minimum 24 feet wide paved travel way along the entire frontage. Asphalt pavement coring and sampling of the existing paved travel way shall be performed to determine the condition of the existing pavement. If warranted, the existing pavement shall be removed and replaced with new asphalt concrete pavement, or, an asphalt pavement overlay or other improvements consistent with the findings of a geotechnical report shall be constructed to the satisfaction of the City Engineer. Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is 8 000020 137 Condkions of Approval September 26,2007 TTM 31095 Page 9 of 22 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. 13, In coordination with the Planning Department, provisions for on-street parking areas shall be made where possible, along the frontage of the subject property. All parking or shoulder areas shall be constructed of compacted material that meets the requirements of the City's PM10 Dust Control Ordinance. 14, Provisions for interception of stormwater runoff from the on-site streets onto Chino Canyon Road shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff is directed into the proposed drainage system for the development. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. PALERMO DRIVE 15. Appropriate removals and reconstruction of the existing southerly end of Palermo Drive shall be made to the satisfaction of the City Engineer, as necessary to extend and connect to Palermo Drive as shown on the revised Tentative Tract Map 31095 (dated February 16, 2005). LEONARD ROAD 16, Construct half-width street improvements to provide a minimum 24 feet wide paved travelway along the frontage of the property (adjacent to Lot "A"), extending to the existing edge of pavement at the southerly end of Leonard Road, to the satisfaction of the City Engineer. The minimum 24 feet wide travelway shall be constructed, extending Leonard Road to Via Escuela. Construct pavement with a minimum pavement section of 2Yx inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. VISTA DRIVE 17. The applicant shall recommend and install appropriate end of road regulatory signs, striping, markings or other improvements at the southerly end of Vista Drive, subject to the review and approval by the City Engineer. 9 00002? 1. 38 Conditions of Approval September 26,2007 rrm 31095 Page 10 of 22 ON-SITE (PRIVATE) STREETS 18. Dedicate easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 19, Alf centerline radii shall be a minimum of 130 feet. 20, On-site streets shall be constructed with an inverted cross-section, using a 3 feet wide concrete ribbon or "valley" gutter along the centerlines of all streets. Provisions for interception of all stormwater runoff from the on-site streets to off- site public streets shall be made to the satisfaction of the City Engineer, and may require construction of concrete curbs, gutters, or other approved methods whereby stormwater runoff is directed into the proposed drainage system for the development or to existing drainage carriers with the capacity to contain the concentrated stormwater runoff. Analysis and recommendations to satisfy this issue shall be included in the final hydrology study to be prepared for this development. 21. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from edge of pavement) where no on-street parking is proposed. Construction of a concrete mow strip or other permanent edge treatment acceptable to the City Engineer shall be provided. Construct pavement with a minimum pavement section of 2Y: inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 22. In coordination with the Planning Department, provisions for on-street parking areas shall be made where possible, along the frontage of the on-site streets. All parking or shoulder areas shall be constructed of compacted material that meets the requirements of the City's PM10 Dust Control Ordinance. 23. On-street parking shall be prohibited along all on-site private streets except for speck pull-out or parking areas that are provided in designated locations. Provisions for restrictions of on-street parking within the private streets and for maintaining clear two-way 24 feet wide access for service and emergency vehicles shall be included in Covenants, Conditions, and Restrictions (CC&R's) for this project. The CC&R's shall be provided to the City Attorney for review and approval prior to approval of the final map. 10 000022 139 Conditions of Approval September 26,2007 TTM 31095 Page 11 of 22 24. Regulatory Type R26 "No Parking" signs shall be installed along the on-site private streets as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 25, The ends of the on-site streets shall have a hammerhead or other turn-around configuration approved by the Fire Marshall. 26, Palermo Drive shall terminate in a cul-de-sac, constructed in accordance with City of Palm Springs Standard Drawing No. 101, unless a hammer-head or other approved emergency vehicle turn-around is approved by the Fire Marshall. 27. Gated or restricted access to the on-site private streets is prohibited, except for the main access at Via Escuela. SANITARY SEWER 28. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 29. Existing sewer plans for the construction of public sewer main within Via Escuela are approved and on file (see File 1D-1-28 approved March 23, 1977). Existing sewer plans for the construction of public sewer main within Chino Canyon Road are approved and on file (see Files 1D-1-102, 106, and 107 approved July 7, 1983), If used for construction, the approved sewer plans shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and submitted to the Engineering Division for review and approval. Otherwise, new sewer improvement plans prepared by a California registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new or revised sewer improvement plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 30. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of sewer construction permits. 31. Construct an off-site extension of the existing 8 inch V.C.P. public sewer main within Via Escuela from its current terminus near Tuscan Road. 32. Construct an 8 inch V.C.P. public sewer main within Chino Canyon Road from the west property line to the east property line (across the entire frontage). 1t 000023 140 Conditions of Approval September 26.2007 TTM 31095 Page 12 of 22 Provisions for future extension of sewer service to adjacent properties, including installation of sewer laterals, shall be included in sewer plans prepared for Chino Canyon Road. New sewer laterals shall be extended to property line along both sides of Chino Canyon Road. 33. Construct an 8 inch V.C.P. sewer main within all on-site private streets and connect to the extended public sewer main in Via Escuela. 34. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 35. Dedicate a 30 feet wide easement to the City of Palm Springs over the retention basin (Lot "C"), and Lots 35, 36 and 37 for sewer purposes, with the right of ingress and egress for service vehicles and personnel, as necessary to extend sewer service from Chino Canyon Road. The proposed 30 feet wide combination water and sewer easement shown on the revised Tentative Tract Map 31095 (dated February 16, 2006) shall be relocated, and not equally divided over Lot "C" and Lots 35, 36, and 37. A separate lettered lot shall be created for this easement. Lot "C", and Lots 35, 36, and 37 shall be adjusted to provide for the separate lettered lot. The easement shall be graded and constructed with permanent and stable material, subject to the approval of the City Engineer, passable by heavy trucks and equipment. 36. The 30 feet wide sewer easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Access to the public sewer easement from Chino Canyon Road to the south end of Palermo Drive shall be maintained, including, if necessary, 15 feet wide gates with lock and access provided to the City of Palm Springs. 37. The applicant shall provide sewer service to Lots 19 and 20 by constructing an extension of the proposed on-site 8 inch V.C.P. public sewer main in Janis Drive to Sanborn Way, and in Sanborn Way across the frontage of Lots 19 through 21, as necessary to provide sewer service in accordance with standard sewer design guidelines. The sewer main in Sanborn Way shall be designed at sufficient depth to provide sewer service to the lower pad elevations of Lots 19 and 20. 38. Costs associated with construction of off-site sewer laterals (extending to the south side of Chino Canyon Road) may be reimbursed, pursuant to a Sewer 12 000024 141 Conditions of Approval SOptember 26.2007 TTM 31095 Page 13 of 22 Reimbursement Agreement approved by the City Council, in accordance with the policies established by Resolution 13773, and amended by Resolution 15975, Following completion and acceptance of the off-site sewer laterals by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Sewer Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Sewer Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Reimbursement Agreement, The Sewer Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. GRADING 39. Mass grading of the site Is prohibited. Rough grading shall be restricted to only that grading necessary to construct infrastructure, and to achieve finish grade of the on-site and adjacent off-site streets. Rough grading of residential pads shall require separate approval of grading plans for individual custom homes, in accordance with Section 93.13.00 "Hillside Developments" of the Palm Springs Zoning Code. 40. The active area of rough grading shall be restricted to an area no greater than 2.5 acres in size at any one time. The Grading Plan shall clearly show the limits (daylight line) of grading for rough grading to construct infrastructure, and to achieve finish grade of the on-site and adjacent off-site streets, and shall show sequencing and phasing of rough grading necessary to limit active grading areas to no greater than 2.5 acres in size at any one time. 41. Submit a Rough Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive 13 000025 142 Conditions of Approval September 26,2007 7 M 31095 Page 14 of 22 Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Rough 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 39. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to approval of the Grading Plan. 40. 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. 41. The applicant shall obtain approvals to perform any off-site grading from the record owner(s) of adjacent properties as may be necessary. The rough grading plan shall clearly show the limits of grading around the project perimeter. Required approvals shall include, but not be limited to: a right-of-entry and construction easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer 14 000026 143 Conditions of Appmval September 26,2007 TTM 31095 Page 15 of 22 and/or the City Attorney. Off-site approvals by the adjacent property owners shall be required prior to approval of the Grading Plan. 42. 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. 43, 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. 44. 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. Evaluation of and recommended improvements for existing asphalt concrete pavement along the Chino Canyon Road frontage shall be addressed by the Geotechnical/Soils Report prepared for this development. 45. 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 located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 46. Rock crushing operations shall be prohibited. 47. Prior to approval of a Grading Plan, the City of Palm Springs shall retain, at the developer's expense, a grading and dust control monitor who shall be present on site at least three hours per day, or as required by the City Engineer, during grading operations. The monitor shall have the ability to stop work if visible dust is seen escaping from the site, or if other measures specified in the Grading and Rock Management Plan are not observed. 75 000027 144 Conditions of Approval September 26,2007 TfM 31095 Page 16 of 22 DRAINAGE 48. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. On-site retention and other storm drainage facilities approved by the City Engineer shall be required. 49, The Preliminary Hydrology Study entitled "The Boulders Tentative Tract Map No. 31095," prepared by Mainiero, Smith, & Associates (revised October 1, 2004), shall be amended as necessary to reflect the revised site plan and preliminary grading plan as shown on the revised Tentative Tract Map 31095 (dated February 16, 2005). The Final Hydrology Study shall be reviewed and approved by the City Engineer prior to approval of a grading plan. 50. Stormwater runoff generated off-site that historically outlets onto Chino Canyon Road near Panorama Road shall be accepted and conveyed through a new drainage system to be constructed as part of this development. The on-site retention basin (Lot "C") shall be adequately sized to accept the off-site stormwater runoff. Design standards, landscaping, aesthetic treatment, and other improvements to on-site retention basins shall be made acceptable to the Director of Planning Services. 51. The applicant shall install a drywell, or series of drywells, within each retention or detention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 52. Reserve private drainage easements across Lots within the map as necessary to accept and convey off-site stormwater runoff through the development, as required by the Final Hydrology Study reviewed and approved by the City Engineer. 16 145 Conditions of Approval September 26,2007 7rM 310% Page 17 of 22 53. The applicant shall be responsible for construction of drainage improvements, including but not limited to retention basins, catch basins, storm drain lines, inlet and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a Final Hydrology Study for the development, as approved by the City Engineer. The Preliminary Hydrology Study for the development shall be amended to include catch basin sizing, storm drain pipe sizing, inlet structure sizing, outlet structure sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 54. Provisions for acceptance and conveyance of runoff of domestic water resulting from maintenance operations or as a result of rupture or other failure of the Desert Water Agency water storage tanks and facilities shall be made to protect the proposed development from flood hazards to the satisfaction of the City Engineer. 55. All on-site storm drain systems, including the off-site storm drain improvements constructed in Chino Canyon Road, shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 56. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No, 15189. Fees shall be paid prior to issuance of a building permit. 57. 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. 17 000029 1146 Conditions of Approval September 26,2007 rrm 3im Page 18 of 22 GENERAL 58. All on-site and off-site street improvements, and all perimeter landscaping and parkway improvements shall be completed prior to issuance of the first certificate of occupancy (excluding certificates of occupancy issued for model homes). 59. 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. 60, 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 Archaeologist. 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. 61. All proposed utility lines shall be installed underground. 62. In accordance with Chapter 8,04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and 18 000030 147 Conditions of Approval September 26,2007 TTM 31095 Page 19 of 22 overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 63, All existing utilities shall be shown on the grading and street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 64, Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer, 65. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built° information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 66, Nothing shall be constructed or planted in the corner cut-off area of any (intersection or) driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 67. All proposed frees 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. 19 00003 148 Conditions of Approval Septorn"r 26,2007 TTM 31095 Page 20 of 22 MAP 68. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submifted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 69. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of a Final Map. 70. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCA❑ 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. 71. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the extinguishment, quit-claim, relocation or abandonment of the record easement(s), building permits for proposed buildings encumbered by the existing record easement(s) will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected lots. 20 000032 149 Conditions of Approval September 26,2007 TTM M95 Page 21 of 22 TRAFFIC 72, As determined by the Traffic Study by George Dunn Engineering for this development (as revised February 16, 2005), the following mitigation measure will be required. a. Pay a fair share contribution determined as $3000 for the installation of a future traffic signal at the intersection of N. Palm Canyon Drive and Via Escuela. The fair share contribution of $3000 shall be paid to the City of Palm Springs prior to approval of a final map. 73. Traffic striping and signage plans prepared by a California registered civil engineer shall be submitted to Caltrans for review and approval, to provide for northbound and southbound left turn pockets with 40 feet of storage on North Palm Canyon Drive and Via Escuela, in accordance with the traffic study prepared by George Dunn Engineering (as revised December 11, 2003). Final striping and traffic signage shall be installed and accepted by Caltrans and the City Engineer prior to issuance of a certificate of occupancy. 74. Street name signs shall be required at each on-site street intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Developer shall create a street name sign system reflective of special neighborhood standards. 75. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic at the following locations in accordance with City of Palm Springs Standard Drawing Nos. 620- 625. a. Northwest comer of Panorama Road and Chino Canyon Road b. Northwest corner of Vista Drive and Chino Canyon Road c. Northwest corner of Leonard Road and Via Escuela d. Southwest corner of Sanborn Way and Janis Drive e. Northeast corner of Lot 10 (for eastbound traffic) f. Southeast corner of Lot 30 (for southbound traffic) g. Northeast corner of Lot 13 (for eastbound traffic) h. Northwest corner of Lot 32 (for northbound traffic) 76, 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. 21 000033 150 Conditions of Approval September 26,2007 TTM 31095 Page 22 of 22 77. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 22 00003x 1.51 ATTACHMENT 5 RESOLUTION 1.97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 31095 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH GRIT DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG WEST VIA ESCUELA, SOUTH OF RACQUET CLUB ROAD AND NORTH OF CHINO CANYON ROAD, IN SECTION 3, TOWNSHIP 3 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of September 26, 2007, recommended certification of the Final Environmental Impact Report ("FEIR") for, and approval of Tentative Tract Map 31095 ("TTM 31095"), subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its meeting of November 7, 2007, adopted Resolution No. 22063, certifying the FEIR, adopting a Statement of Overriding Considerations, and approving TTM 31095, subject to conditions, for the subdivision of 30.4 acres into 45 single family residential lots; and WHEREAS, the initial expiration date of TTM 31095 was November 7, 2009; and WHEREAS, through four separate legislative acts adopted by the State of California from 2008 through 2013, the state granted automatic extensions of time to valid Tentative Tract Maps, further extending the expiration date of TTM 31095 to November 7, 2016; and WHEREAS, on May 11, 2016, Grit Development LLC, a California limited liability company, (hereinafter the "Subdivider"), timely filed a final map for TTM 31095 with the City in accordance with Section 66456 of the California Government Code the City Engineer received a timely filing of a final map for TTM 31095; and WHEREAS, pursuant to state law (California Government Code Section 66452.6 [the "Map Act"]), once the timely filing of a final map has been made to the City Engineer, all subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the Tentative Tract Map; and WHEREAS, the Subdivider has offered for dedication to the City of Palm Springs on the final map for TTM 31095 the following: easements for street and public utility purposes over lots "D" and "E" for Sanbom Way and Chino Canyon Road; easements for public utility purposes, and right of ingress and egress and emergency vehicles and personnel over Lots "F" through "K", inclusive, identified as "private streets'; easements for sewer, �.5 3 Resolution No. Page 2 water and public utility purposes together with the right of ingress and egress for emergency vehicles over Lot "L"; and easements (15' wide) for public utility, sewer, water and storm drainage purposes identified as "P.U.E." over Lots 1 , 2, 3, 7, 8, 9, 10, 36, and 45; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of the final map for TTM 31095, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code; and WHEREAS, pursuant to California Public Resources Code Section 21166, when an environmental impact report has been prepared for a project pursuant to the California Environmental Quality Act ("CEQA"), no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report; (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; or (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available; and WHEREAS, the City has evaluated the certified FEIR for TTM31095 adopted November 7, 2007, and has determined that none of the conditions identified in Public Resources Code Section 21166 have occurred, and has concluded that no additional environmental analysis of TTM 31095 is required pursuant to CEQA. NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. Tract Map 31095 is in substantial conformance with the approved Tentative Tract Map 31095. Section 3. Tract Map 31095 is in conformance with the General Plan. Section 4. Tract Map 31095 conforms to all requirements of the Subdivision Map Act of the State of California. Section 5. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 31095 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof. � 54 Resolution No. _ Page 3 Section 6. The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 31095 with the Subdivider, and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. Section 7. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. Section 8. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. Section 9. Tract Map 31095 is hereby approved for purposes therein defined. ADOPTED THIS 51" day of July, 2017. David H. Ready, City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk 155 Resolution No. _ Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Kathleen D. Hart, MMC, Interim 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 July 5, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen D. Hart, MMC, Interim City Clerk City of Palm Springs, California 156 Terri Milton From: Robert Stone <stoneforcitycouncil@gmail.com> Sent: Saturday,July 01, 2017 12:16 PM To: CityClerk; Flinn Fagg; Geoff Kors; rob.moon@palmspringsca.gov;JR Roberts; Ginny Foat Subject: Item No. 1F on the July S, 2017 Council Agenda I am requesting that this comment letter accompany the Staff Report on this item: 1.F. APPROVAL OF TRACT MAP 31095 (THE -BOULDERS" PROJECT) AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH GRIT DEVELOPMENT, LLC: The evolution of this proposal, now slapped on a Consent Calendar with a recommendation for approval, is disturbing for several reasons. The Staff Report omits several critical facts regarding this project, especially the Planning Commission Meeting of August 10, 2016 when a one-year extension of the entitlements for this project was entertained. At the time this request was heard by the PC, two votes were taken. The first was to deny the extension, and the second vote was to approve it. Neither of these votes were unanimous, and in the minutes for this Planning Commission hearing, the Planning Director goes on record with the following conclusion, "Planning Director Fagg reported that on account of the second failed motion this item will be go (sic) forward to City Council with no recommendation." But now, eleven months after that PC hearing, the Planning Director is forwarding this project to Council with a request for approval. No mention of the August 10, 2016 Planning Commission hearing appears in the Staff Report. Why not? What now appears in the Staff Report for the first time is the following language. "On May 11, 2016, the City Engineer received a timely filing of the final map for TIM 31095, including all related improvement plans (rough grading, street improvements, sewer improvements, storm drainage improvements, etc.). Subsequently, from May 2016 through June 2017, the final map and related improvement plans have been reviewed by the City Engineer and are now ready for City approval." This information was not provided to the Planning Commission at the time of their August 10, 2016 Public Hearing on a time extension for this project. Nor did the developer suggest at any time in that Public Hearing that such a timely filing had been made. Now 11 months later, we suddenly have this revisionist history appearing in the Public Record and a recommendation for approval. Why was this information withheld? When was it uncovered? And why did it take another 11 months for this project to work its way back - and on a Consent Calendar, no less? Council should expect allegations of back room dealing to accompany this proposal to approve a John Wessman project that is now 11 years past its initial approval, with no construction having taken place, and no updated EIR. This entire process reflects badly on the City and encapsulates one of the reasons I am running for City Council in November. This sort of thing has to stop. Robert Julian Stone Ad� E � � et-1a�-S 07 - 05- zor �