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HomeMy WebLinkAbout9/21/2016 - STAFF REPORTS PlM$,. iy c V N 41FORt��P. CITY COUNCIL STAFF REPORT DATE: September 21, 2016 PUBLIC HEARING SUBJECT: WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF (56) SINGLE-FAMILY RESIDENCES AND (25) MULTI- FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3 (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On July 6, 2016, the City Council reviewed a residential project for the former Rock Garden Cafe site and surrounding vacant land. The Council directed the applicant to make project revisions for review with an ad hoc City Council subcommittee. The applicant made changes to the project, including relocation of the primary entry, replacement of one residence with common park space, revised building architecture and landscaping, and the installation of street chokers. The subcommittee reviewed these changes on two occasions and provided positive feedback. The Council will now consider taking action on the revised project. ISSUES: • Gated project. The applicant still proposes both vehicular and pedestrian gates. While the Planning Commission recommended against this request, the applicant seeks approval to gate the project. • Rock crushing. It is the applicant's desire to crush rock during construction. The Planning Commission was opposed to this activity, and the applicant still wishes to conduct this activity to reduce truck haul trips to and from the site. • Plan revisions. At the request of the subcommittee, the applicant has agreed to provide a plan with larger rear yard space for the homes along the Belardo Road. While not shown in attached plans, these will be provided prior to Council review of the project. ITEM NO. �- City Council Staff Report September 21, 2016-- Page 2 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group RECOMMENDATION: 1. Open the hearing and receive public testimony; 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914 FOR A RESIDENTIAL DEVELOPMENT AND SUBDIVISION CONSISTING OF (56) SINGLE-FAMILY RESIDENTIAL DWELLINGS, (25) MULTI-FAMILY RESIDENTIAL DWELLINGS, OPEN SPACE AND PRIVATE STREETS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE." 3. Waive reading and introduce by title only for first reading Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH. BACKGROUND AND ANALYSIS: A complete background and analysis of the submitted applications is provided in the staff report from the July 6, 2016 City Council meeting and is included as Attachment #3 to this report. At its July 6, 2016 meeting, the Council held a public hearing on the project and requested the applicant make revisions to the project. Among the requests were comments related to the architecture, open space/park and street layout. Staff has summarized the comments and the applicant's response below: Architecture. o Multi-family Residences. A majority of the Council was in favor of the folded plate, roof on the multi-family buildings at the project corners; thus the applicant proposes this element as a part of the project. Further, to respond to a request for variety along Palm Canyon Drive, the applicant provided three different elevations for this frontage. The buildings at the corners of the site will include the folded plate roof line that wraps around the site and the interior buildings will have a mix of folded plate and flat roof planes. o Single-family Residences. Some Councilmembers made comments on enhancing the single-family homes and creating "four-sided architecture." The applicant has enhanced the side and rear elevations of all three floor plans by incorporating additional overhangs, colors and building forms, and reducing monotony on these elevations. Another comment by Council related to creating a floor plan with a larger 02 City Council Staff Report September 21, 2016-- Page 3 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group rear yard for the homes adjacent to Belardo Road. The applicant intends on providing such plan, which will be provided prior to the Council meeting. o Landscape. • Rear patios. There were suggestions made on creating an alternate design for the back yard walls/fences facing Tahquitz Creek and internal pedestrian pathways. The applicant proposes a mix of different size walled patio areas at the rear of the homes, which adds visual interest and creates more usable rear yard space than previously proposed. • Sycamore trees. The Council expressed concern with the use of Sycamore species in the landscape plan; however, the applicant proposed this species along the Tahquitz Creek trail to be consistent with the guidelines approved for Master Plan (see attachment 7, Master Plan page 62). This species is not proposed on-site in other landscape areas. • Design along Palm Canyon Drive. The Council commented on the repetitive landscape design along the Palm Canyon corridor. In response, the applicant redesigned the tree layout to be more organic with trees having greater separation and more informal planting patterns (except the street-lined palm trees). • Open space/park. The Council asked for additional open space within the project and suggested a park space at the CV link terminus, which is planned near the northwest corner of the site. To enhance the on-site open space, the applicant replaced a single-family home at this corner of the site with a 9,706-square foot park space. The preliminary design includes a passive park space with shade trees and seating space. In addition, a 3,253-square foot lot at the northeast corner of the site will accommodate on-site seating space and walking paths. • Street Layout. In response to comments on open space, the applicant relocated the project entry further north along Belardo Road, creating a lush entry to the project. Additionally, the applicant proposes street chokers to reduce on-site pavement and increase internal landscape space. On-street parking spaces will still be available on internal streets in between the proposed chokers. • CV Link. There were questions on the location of the Coachella Valley (CV) Link adjacent to the project site. The original CV Link Master Plan indicates the path aligned along the north side of the Tahquitz Creek channel with an undercrossing at S. Palm Canyon Dr., shown here: BELARDO ROAD AT-GRADE CROSSING@ SUNNYDUNfSRD WAYFINDING 15:2 C O 15 3 GATEWAY'ART \ BELARDO s , s'a ACCESS 15(-5�ip AND SIGNAGE x -a IMPROVE EXISTS �`" 03 CROSSING .o City Council Staff Report September 21, 2016-- Page 4 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group In conversations with CVAG staff, should this project be approved and construct improvements consistent with the CV Link Master Plan along the south side of Tahquitz Creek, the CV Link alignment will be shown extending along the south side with the proposed undercrossing at S. Palm Canyon Dr. to align with the CV Link identified along the north side of Tahquitz Creek east of S. Palm Canyon Dr. The Council subcommittee reviewed the above changes on two occasions and provided favorable comments on the revisions. Staff has prepared a draft resolution and ordinance for approval and updated the project Conditions of Approval to reflect Council direction. Items that still require Council determination include the allowance of project gates and permission to crush rock during construction. The Council discussed these matters on July 6th, but hadn't provided direction on preference. Should the Council choose to allow either or both of these, the conditions in the draft resolution would have to be modified (see conditions PCC 7 and PLN 18 for gates, and PCC 1 & PLN 19 for rock crushing). CONCLUSION: The applicant has worked with staff and the subcommittee to improve the project based on direction provided at the July 6, 2016 Council meeting. These changes involved improving building and landscape architecture, providing additional open space thru the removal of one unit and enhancing the design of internal streets. After making a determination on rock crushing and project gates, the Council may approve the proposal as presented in the attached draft resolution and ordinance. SUBMITTED: Alulti w! � F inn Fagg, AIC Marcus Fuller, P.E., M.P.A., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq City Manager Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions & Draft Ordinance 3. City Council Staff Report of July 6, 2016 4. City Council Meeting Minutes of July 6, 2016 (excerpt) 5. Planning Commission Meeting Minutes of May 25, 2016 (excerpt) 6. Planning Commission Resolution 6570 7. Tahquitz Creek Trail Master Plan (Applicable Sections) 8. Applicant Letter & Public Comment Letters 04 9. Memorandum from Terra Nova Planning & Research, Inc. 10.Initial Study/Mitigated Negative Declaration 11 .Project Plans Attachment 1 015 N Department of Planning Services W E Vicinity Map s C7 R1C R3 C7 R2 -R2- R2 --R2 - LJ2R2 - `.. o OC -_. ---� zPD �CAMNOPAR ELA R2 Q R1A I R2 m .-. --_—___.__ - R2 -- - m - Cy ', ', i R2 I - I R3 C2 r CM - - Cu SUNN(Y_DUNES'RD ---- Cz'.0 1 ['lU CM C2 N \ I M � N C2 '�L STRIAC PL . 0211 w kRIV R3 ID��R� -� - w R3 C1 C7 +ol R3 � y C2 R2 : RIC MESQUITE AVE _ ME SOUITE y - --- - .AVE io R3 RIC H.1 R2 Legend 'w z PALO VERDE AVE Site C7- - i C7-R2 LL R1C !I n C7 R2 Q500ft Site Radius --_ OCOTLLOAVE Zoning -C7 UR2 - -T- -RIC - ------ Parcels MORON.. RD pp C1 R2 I �R1C CITY OF PALM SPRINGS 06 Attachment 2 07 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914 FOR A RESIDENTIAL DEVELOPMENT AND SUBDIVISION CONSISTING OF (56) SINGLE-FAMILY RESIDENTIAL DWELLINGS, (25) MULTI-FAMILY RESIDENTIAL DWELLINGS, OPEN SPACE AND PRIVATE STREETS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE. WHEREAS, Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC ("Applicant") filed an application with the City pursuant to Sections 94.03.00 and 94.07.00 of the Palm Springs Zoning Code for a Planned Development District in Lieu of Change of Zone, Case 5.1378 PD-379 ZC (including Preliminary Development Plans) to establish (56) detached and (25) attached residential dwellings, open space and streets at the subject property; and WHEREAS, the Applicant filed an application with the City pursuant to Title 9 of the Palm Springs Municipal Code, for Tentative Tract Map 36914, seeking approval to subdivide the 12.38-acre project site into 57 residential lots, one of which being proposed for condominium purposes, as well as common area parcels for streets and open space at the subject property; and WHEREAS, on November 18, 2015 and April 13, 2016, the Planning Commission reviewed previous iterations of the project at public meetings and provided comments to the Applicant; and WHEREAS, On May 2, 2016, the subject project was reviewed by the City's Architectural Advisory Committee (AAC), which voted to recommend conditional approval of the project; and WHEREAS, the proposed project associated with the above applications ("Project") is considered a "project" pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"); and WHEREAS, pursuant to the CEQA Guidelines, 14 California Code of Regulations Section 15000 et. seq., an initial study was prepared. The initial study concluded that all of the project's potentially significant impacts will be less than significant with the incorporation of mitigation. On this basis, a Mitigated Negative Declaration was prepared and circulated for a 20-day public review and comment period from May 4, 2016 to May 24, 2016, in accordance with Section 15073 of the CEQA Guidelines; and 08 Resolution No. Page 2 WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Project, including Case Nos. 5.1378 PD-379 ZC, 3.3876 MAJ and TTM 36914, was given in accordance with applicable law for the regular meeting of May 25, 2016; and WHEREAS, on May 25, 2016, the Planning Commission held a public hearing on the applications in accordance with applicable law and adopted Resolution No. 6570; unanimously recommending City Council adopt a Mitigated Negative Declaration and approve the Project, including Case Nos. 5.1378 PD 379 ZC, 3.3876 MAJ and TTM 36914; and WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law; and on July 6, 2016, the City Council held a public hearing in accordance with applicable law and directed the Applicant to make revisions for review with a City Council ad hoc subcommittee and then return the project back to Council for decision; and WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given again in accordance with applicable law; and on September 21, 2016, the City Council held a public hearing in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CEQA: The City Council independently reviewed and considered the information contained in the Mitigated Negative Declaration (MIND) and subsequent environmental analysis. The MIND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the Initial Study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the City Council adopts a Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2. Resort Overlay Zone: The "R" (resort) overlay zone is intended primarily to provide for accommodations and services for tourists and visitors while guarding against the intrusion of competing land uses, as described below. Uses shall be as provided in the underlying zone with which the `R"zone is combined, except that all multiple-family dwellings (including, but not 09 Resolution No. Page 3 limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted only by conditional use permit (CUP). Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The development proposes residential uses in an area that is compatible with its surroundings. The site abuts a watercourse channel to the north and streets on two sides. To the east is the Cameron project, which is under construction and primarily consists of residential with some live/work and commercial spaces fronting the street. South of the site is a vacant property with remnants of a razed commercial property. Properties in the vicinity include vacant sites, commercial stores, single-family and multi-family residential, and mobile home and RV parks. Therefore, the site is not appropriate for other transient or accommodation services for tourists, which are allowed by right within the underlying zone, because much of the commercial already exists in nearby areas and residential patterns have been established in surrounding neighborhoods. Pursuant to PSZC 94.02.00(A)(4) of the Zoning Code, the CUP may be incorporated as part of the PD application without the need for a separate application. Thus, the CUP findings are evaluated below as an integral part of the PD application. SECTION 3. Planned Development District. Pursuant to Section 94.03.00(E) "Planned Development Districts"of the Zoning Code, a Planned Development District in lieu of a Change of Zone may be established in accordance with the procedures required by Section 94.07.00 of the Zoning Code. A PD may be approved in lieu of a change of zone if both findings for the PD and Change of Zone are made by the City Council. An analysis of all required findings for a PD in lieu of zone change is provided below: a. The proposed planned development is consistent and in conformity with the general plan and report. The proposed project is located in the Mixed-Use / Multi-Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.5 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: • CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. to Resolution No. Page 4 As shown on the landscape plans, the project will include pedestrian amenities, such as walking paths that are landscaped with shade trees and clearly defined routes. The project is conditioned to provide at least two pedestrian sidewalks, which will further enhance the pedestrian routes to the site. • CD20.1 — Create a pedestrian-friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian-scaled lighting, and small gathering spaces. Pedestrian-friendly environment proposed between clusters of multi-family buildings with walking paths and shade trees. Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. The proposed development will have one primary site access point and a secondary emergency access point. Pedestrian pathways are proposed between homes through-out the site. The Tahquitz Creek will be improved with an additional off-site trail, which will further enhance access around the site. These design features provide a pedestrian oriented design and augments connections for the proposed community and others in the surrounding areas. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 81 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. 11 Resolution No. Page 5 The scale and size of the project is consistent with other residential projects in the City. Eighty-one units across the 12.38-acre site equates to 6.5- dwelling units per acre, or 6,658-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. G. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast corner of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on-site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. In addition to the above, required findings outlined in Section 94.02.00 Conditional Use Permit apply to Planned Developments. The project as it relates to these findings is found below: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; As part of the proposed project, a change of zone from "R-3" and "C-1" to PD-379 has been requested to allow the proposed residential development. Section 94.03.00(B)(1) of the Zoning Code specifically allows a multiplicity of housing types, such as single-family and multi-family dwellings within the same project site. Therefore, the use applied for at the subject location is properly one for which PD is authorized by the Zoning Code. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed use is residential — single-family and multi-family. The proposed small lot single-family residential has been constructed elsewhere in. Palm Springs, including surrounding areas of the project, wherein smaller lots 12 Resolution No. Page 6 exceeding 5,000 square feet accommodate a moderate dwelling size. Each site will contain a one- to two-story residence with garage and private yard space. The multi-family residential will create desirable condominium units that have garage space, private patio/balcony areas and access to a common pool area. Development of the subject site with a mix of single-family and multi-family uses is desirable as a means of bringing a variety of housing choices to the community, and providing a transition between Palm Canyon Drive and residential areas to the west. The land use designation of the site is MU/MU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.5-units per acre, the project is significantly lower than the density permitted for the 12.38-acre site. Thus, the use is consistent with the general plan. The project will consist of one- and two-story residential buildings on undeveloped land which will be re-zoned to PD-379. No other uses are permitted within this zone. Should alternate uses be proposed, an amendment to the PD would be required. Consequently, the use is not detrimental to the existing uses or to future uses specifically permitted in the zone (PD-379). C. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project consists of a grouping of parcels to form the overall 12.38-acre site with internal private streets, privately owned units and both private and common open spaces. The PD will establish all development standards for each residential parcel to accommodate typical single-family and multi-family residential products with open space and outdoor living (yards, patio space, landscape, etc.). Therefore, the site for the intended residences is adequate in size and shape to adjust such use to those existing and future permitted uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; 13 Resolution No. Page 7 The project proposes primary vehicular access from Belardo Road. Identified as a Collector Street by the General Plan, Belardo Road is improved with a travel lane in each direction. The Belardo bridge to the northwest of the site was recently constructed and extends traffic north of the site towards downtown. An emergency vehicle access point is proposed on Palm Canyon Drive. Existing General Plan conditions indicate that Belardo Road and Palm Canyon Drive are operating at Level of Service (LOS) A. Future General Plan build out condition (2025) indicate that Belardo Road and Palm Canyon Drive will continue to operate at LOS A. The density analyzed by the General Plan for the subject property was up to 15 units per acre. With the project build out, density will be 6.5 units per acre, causing less impact than that which was analyzed by the General Plan. Thus, the project will be adequately served by the adjacent streets, which are properly designed and improved to carry the type and quantity of traffic generated. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. A set of draft conditions of approval are proposed and attached to this staff report as Exhibit "A" to ensure the public health, safety and general welfare are protected. SECTION 4. Public Benefit. In accordance with the City Council Policy on Planned Development, the identified public benefits include two components: a. The project as a Public Benefit — The project fulfills key General Plan objectives for community beautification and improved circulation, as follows: i. Improve and landscape the Tahquitz Creek trail in accordance with the Tahquitz Creek Trail Master Plan; ii. Providing internal pedestrian sidewalk paseos that are separate from the street; iii. Enhancing circulation with the trail improvement; and iv. Providing park space at the northwest and northeast corners of the site. b. Off-site Improvements — The project includes off-site improvements, including the south side of the Tahquitz Creek. The developer will pursue permitting with Riverside County Flood Control, improve pathways and install landscape consistent with the Master Plan. SECTION 5. Tentative Tract Map: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a 14 Resolution No. Page 8 discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map and Tentative Parcel Map are consistent with all applicable general and specific plans. The land use designation of the site is MU/MU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.5-units per acre, the project is consistent with the density permitted for the 12.38-acre site. Street circulation will be consistent with the General Plan Circulation Element. Dedication of right-of-way is provided along Palm Canyon Drive to accommodate the westerly half street width necessary for a Major Thoroughfare, pursuant to Figure 4-2 of the Circulation Element. Internal streets will be improved to thirty-seven feet, which complies with minimum requirements for private streets according to the Circulation Element. Consequently, the project is consistent with the General Plan. b. The design and improvements of the proposed Tentative Tract Map and Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project includes a change of zone to PD-366, and seeks a specific development plan for the 126-acre site. There will be 429 residences with improved street access, utilities and other typical services provided to residential development. Developable lots are required to be at least 5,000 or 8,000 square feet in size. The PD also proposes a set of development standards and design details with specific standards. C. The site is physically suited for this type of development. The existing site conditions consist of low vegetation, boulders and native soil. The site slopes from the northwest corner to the east, southeast and south sides of the property. Site elevations range from 452 to 485 above mean sea level, a 33-ft variation over a 900-ft east-west span. This equates to an average slope of less than 4%. The site will be graded to accommodate the proposed development. Such grading is designed to follow existing sloped patterns on-site. Each developable lot will be designed to accommodate a detached residence, multi-family buildings or accessory structures. Therefore, the site is physically suited for this type of development and is proposed with adequate access to the network of public streets. d. The site is physically suited for the proposed density of development. The project proposes an overall site density of 6.5 dwelling units per acre, 15 Resolution No. Page 9 which is consistent with the General Plan land use designation of MU/MU. The 12.38-acre site abuts improved public streets with existing utilities and with right of way widths that are projected in the City's 2007 General Plan to operate at normal LOS. Consequently, the site is physically suited for the proposed density of development. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The project will therefore not damage or injure fish, wildlife or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes connections to all public utilities including water and sewer systems. The layout of internal private streets provides access to each lot. The subdivision is proposed with sidewalks along private open spaces. No serious public health problems are anticipated. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public easements will be provided to accommodate needed utilities, as well as a master drainage line that will be constructed at a future time. There are no other easement conflicts known with the design of the proposed subdivision. Therefore, the design of the subdivision will not conflict with easements for access through or use of the property. SECTION 6. Architectural Review: Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the City Council finds: 1. The proposed development provides a desirable environment for its occupants. The proposed project includes a mix of single-family residential and multi- family residential units. Homes are one- and two-stories in size and include private open space and garages for covered parking. A common pool area will be accessible for the residents and their visitors. 16 Resolution No. Page 10 2. The proposed development compatible with the character of adjacent and surrounding developments. The project is adjacent to the Tahquitz Creek to the north and remnants of a demolished commercial site to the south. West of the project site is vacant land and east of the site is a mixed use project under construction with commercial space, live/work and residential. The proposed one- and two-story residential project will be compatible with the character of adjacent and surrounding developments. 3. The proposed development is of good composition, materials, textures, and colors. Preliminary designs include a mix of one- and two-story structures designed in a contemporary modern vernacular with flat, folded plate and sloped roofs. Residences consist of stucco as the primary application with stone or concrete veneers on the front elevation. 4. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Single-family homes are designed and plotted such that one side yard provides privacy to the adjacent property. Although small in size, the private yard spaces and rooftop decks are nicely oriented toward the westerly mountain views. The Multi-family portion provides good pedestrian connections with landscape and pool amenities. 5. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The architectural style of the units in the proposed development is modern. The development under construction opposite of Palm Canyon is also modern. However, the neighborhood includes a mix of Spanish and modern styles. 6. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment, The proposed buildings conform to the height limits of the R-3 and C-1 zones and will have three and seven foot side yard setbacks for the single-family 17 Resolution No. Page 11 properties, allowing a larger usable side yard. Equipment will be screened per the zoning code requirements. 7. Building design, materials and colors to be sympathetic with desert surroundings; Neutral colors are proposed and consistent with the surrounding desert environment. 8. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously Three floor plans with two elevation options each are proposed for the single-family residences. This allows a mix of good composition along the internal streets and the Tahquitz Creek. The multi-family residential buildings include a mix of flat and folded plate roof lines and decorative block. 9. Consistency of composition and treatment There is consistency in the composition and treatment of the buildings as proposed. 10. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials The proposed landscape plans are consistent with desert appropriate trees and plants. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Mitigated Negative Declaration and approves Case Nos. 5.1378 PD-379 ZC, 3.3876 MAJ and TTM 36914; to establish (56) single-family dwellings and (25) multi-family residences, open space and streets on a 12.38-acre site, which includes a subdivision of 57 residential lots, one of which being proposed for condominium purposes, as a well as common area parcels for streets and open space, subject to conditions of approval attached herein as Exhibit A. ADOPTED THIS 21 ST DAY OF SEPTEMBER, 2016. 18 ', Resolution No. Page 12 David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 19 Resolution No. Page 13 EXHIBIT A Case No. 5.1378 PD-379, 3.3876 MAJ and TTM 36914 Planned Development District Major Architectural Application and Tentative Tract Map 12.38-acres on west side of South Palm Canyon Drive, south of Tahquitz Creek and East of Belardo Road 777 South Palm Canyon Drive September 21, 2016 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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. ADDED (PLANNING COMMISSION) CONDITIONS: PCC 1. No rock/boulder crushing on-site (see also PLN 19). PCC 2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. PCC 3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental. PCC 4. Wall design facing Tahquitz Creek to return to AAC for review. PCC 5. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. PCC 6. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. PCC 7. Vehicular gates are not allowed (see also PLN 18). 20 Resolution No, Page 14 ADMINISTRATIVE CONDITIONS ADM 1. Protect Description. This approval is for the project described per Case (5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914), except as modified with the approved Mitigation Monitoring Program and the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Tract Map 36914, date stamped September 12, 2016. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914. 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 or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 21 Resolution No. Page 15 ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, 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. ADM 8. Time Limit on Approval. Approval of the Planned Development District (PD), Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the PD and MAJ may be granted by the Planning Commission upon demonstration of good cause. Extensions of time for the TTM may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. 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 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning 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. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, 22 Resolution No. Page 16 setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. CC&R's 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 for approval in a format to be approved by the City Attorney. These CC&R's may 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 ADM 13. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's s u cces so r-i n-i me rest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may 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, ADM 14. CC&R's Deposits & Fees. 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 $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 15. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 16. Community Facilities District. 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, 23 Resolution No. Page 17 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; and Prior to recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer shall 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. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711 .4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. Mitigation measures are defined in the Project Mitigated Negative Declaration and summarized here as follows: 24 Resolution No. Page 18 AIR QUALITY: Mitigation Measures It/(b): The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging: 1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time to no more than 5 minutes. 2. The grading contractor shall certify in writing that all construction equipment is properly serviced and maintained in good operating conditions. Certification shall be provided to City Engineer for review and approval. 3. Diesel-powered construction equipment shall utilize aqueous diesel fuels, and be equipped with diesel oxidation catalysts. 4. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City Engineer. Said plan shall include but not be limited to the following best management practices: 5. Chemically treat soil where activity will cease for at least four consecutive days; 6. All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; 7. Water site and equipment morning and evening and during all earth-moving operations; 8. Operate street-sweepers on paved roads adjacent to site; 9. Establish and strictly enforce limits of grading for each phase of development, and/or 10.Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development. 11. Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. 12.Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. 13. Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. 14.Construction equipment and materials shall be sited as far away from residential and park uses as practicable. 15. The following Best Control Measures (BCM) shall be utilized by the contractor, as required, to limit impacts to air quality: 1. BCM-1: Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, and track-out control. 2. BCM-2: Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, and revegetation. 25 Resolution No. Page 19 3. BCM-3: Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, and revegetation. 4. BCM-4: Paved Road Dust: Minimal track-out, stabilization of unpaved road shoulders, and clean streets maintenance. 16.Existing power sources should be utilized where feasible via temporary power poles to avoid on-site power generation. 17.Imported fill and paving materials, as well as any exported material, shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 18.Each portion of the project to be graded shall be pre-watered prior to the onset of excavation, grading or other dust-generating activities. 19. On-going watering soil stabilization of disturbed soils, especially in the staging area, shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 20.SCAQMD Rule 403 shall be adhered to, ensuring the clean-up of construction-related dirt on approach routes to and from the site. 21.All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 22.SCAQMD Rule 1113 shall be adhered to, ensure low VOC paints/architectural coatings are used on all surfaces. Monitoring 111 (b): A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. Responsible Parties: City Engineer, General Contractor B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan. Responsible Parties: City Engineer staff or designee BIOLOGICAL: MM IV.1 Any ground disturbing activity proposed for the period from February 1 to August 31 shall be preceded by a nesting bird survey performed by a qualified biologist. The biologist shall perform the survey within 30 days of the initiation of activities, and provide mitigation measures 26 Resolution No. Page 20 should nesting birds be identified. A report of findings shall be provided to the City prior to the initiation of ground disturbing activities.. CULTURAL RESOURCES: MM V-1 The applicant/developer shall provide evidence to the City of Palm Springs Planning Department that a certified archaeologist has been contracted to implement a Cultural Resource Impact Mitigation Plan (CRMMP) to mitigate potential impacts to 33-91961CA-RIV-45 and undiscovered buried archaeological resources associated with this project. The CRMMP shall be completed to the satisfaction of the Agua Caliente THPO. The CRMMP shall include, but shall not be limited to, the following guidelines: (1) Prior to grading, the entire project area including site 33-9196/CA-R1V- 45, shall be systematically graded in a controlled manner. If buried features are discovered these will be assessed for significance and considered for inclusion on the Tahquitz Canyon National Register Site 33-9196. The Project Archaeologist, in consultation with the City Planning Department and Agua Caliente THPO, shall determine the significance of the discovered resources. (2) The applicant/developer shall contract with the Agua Caliente THPO for the grading monitoring program. (3) The project archaeologist/Historian and THPO shall attend the pre- grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. (4) The project archaeologist shall monitor all areas identified for development including off-site improvements. (5) Prior to grading the applicant/developer is responsible for the completion of analysis, reporting and curation of previously incomplete archaeological work started by ASM Affiliates. (6) Prior to grading the applicant/developer's archaeologist must submit a plan for inadvertent discover of human remains. (7) Prior to grading the City, applicant/developer and the THPO must agree upon potential preservation area(s) for reburial of human remains. (8) An adequate number of monitors (archaeological/historical/Native American) shall be present to ensure that all earth moving activities are observed and shall be on-site during all grading activities for areas to be monitored. (9) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and Native American monitor(s) shall be onsite as determined by the THPO and project archaeologist. Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. 27 Resolution No. Page 21 The frequency and location of inspections will be determined in consultation with the project archaeologist, the THPO and City. (10)lsolates and clearly non-significant deposits shall be minimally documented in the field and the monitored grading can proceed. (11)In the event that previously unidentified potentially significant cultural resources are discovered, the archaeological monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The project archaeologist shall contact the THPO and the City Planning Department at the time of discovery. The project archaeologist, in consultation with the City and the THPO, shall determine the significance of the discovered resources. The City and the THPO must concur with the evaluation before construction activities will be allowed to resume in the affected area. (12)Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. In consultation with the THPO and the City, the project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis. (13)in the event that previously unidentified cultural resources are discovered, all cultural material collected during the grading monitoring program shall be processed and curated at facility agreed upon by the City and THPO, that meets federal standards per 36 CFR Part 79. The collections and associated records shall be transferred, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation. Title of the collection will be granted to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. Upon completion of the implementation phase, a final report shall be submitted describing the plan compliance procedures and site conditions before and after construction. MM V-2 Prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and guidelines) shall be retained by the applicant/developer. The developer shall submit a copy of a signed contract between the project archaeologist and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Archaeological Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources. MM V-3 Prior to the issuance of grading permits, the developer/permit applicant shall enter into a contract with a Tribal monitor(s) from the Agua 28 Resolution No. Page 22 Caliente Band of Cahuilla Indians Tribal Historic Preservation Office (THPO) who, at the tribe's discretion, shall be on-site during ground disturbing activities. The developer shall submit a copy of a signed contract between the THPO and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources. Native American groups shall be given a minimum notice of two weeks that a monitor is required. If a monitor is not available, work may continue without the monitor. The project archaeologist shall include in the Phase iV Archaeological Monitoring report any concerns or comments that the monitor has regarding the project and shall include as an appendix any written correspondence or reports prepared by the Native American monitor. a) Native American monitoring does not replace any Archaeological monitoring required by an approved Archaeologist, but rather serves as a supplement for coordination and advisory purposes for the Tribes' interests only. b) The developer/permit applicant shall not be required to further pursue any agreement for Native American monitoring of this project if after 60 days from the initial attempt to secure an agreement the developer/permit applicant, through demonstrable good faith effort, has been unable to secure said agreement from the Tribe. A good faith effort shall consist of no less than 3 written attempts from the developer/permit applicant to the tribe to secure the required special interest monitoring agreement and appropriate e-mail and telephone contact attempts. Documentation of the effort made to secure the agreement shall be submitted to the Planning Department for review and consideration. c) Should repatriation of collected cultural items be preferred, it shall not occur until after the Phase IV monitoring report has been submitted to the Planning Department. Should curation be preferred, the developer/permit applicant is responsible for all costs and the repository and curation method shall be described in the Phase IV monitoring report. MM V-4 Prior to brush clearing and/or earth moving activities, a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology shall conduct cultural resources sensitivity training for ail construction personnel. Construction personnel shall be informed of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. A sign- in sheet signed by all attendees of the aforementioned training shall be included in the Phase IV Monitoring Report. MM V-5 Prior To Grading Certification: The developer shall submit the archaeologist's final report, including one (1) wet-signed paper copy and (1) 29 Resolution No. Page 23 CD of a Phase IV Cultural Resources Monitoring Report that complies with the requirements for such reports for all ground disturbing activities associated with this grading permit. The report shall follow the Archaeological Resources Management Report format. The Planning Department and THPO shall review the report to determine adequate compliance with the approved conditions of approval. Upon determining the report is adequate, the Planning Department shall clear this condition. MM V-6 Prior To Grading Certification, the developer/ applicant shall provide evidence to the satisfaction of the Planning Department and THPO that all archaeological materials recovered during archaeological investigations have or will be curated at a curation facility, agreed upon between the City and the THPO, that meets federal standards per 36 CFR Part 79. The collection and associated records shall be transferred and are to be accompanied by payment of the fees necessary for permanent curation. Title shall be transferred to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. MM V-7 Removal of Human Remains. Should human remains be uncovered, California law requires that all development activity be suspended, and that the procedures established in Public Resources Code 5097.94 be followed to determine the disposition of the remains. Compliance with the law will reduce potential adverse impacts to less than significant levels. NOISE: MM X11-9 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment in the Palm Springs Municipal Code. MMXII -2 Haul routes shall not pass sensitive land uses or residential dwellings and should avoid using alleyways adjacent to said uses. MM Xll -3 The project contractor shall use power construction equipment with state of the art noise shielding and muffling devices. MM Xll-4 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. MM XIi-5 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise 30 Resolution No. Page 24 sources and noise sensitive receptors nearest the project site during all project construction. MMX11 -6 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MM Xll-7 A six-foot high barrier should be constructed to lower exterior noise levels. Masonry wall and acoustical fencing portions of the proposed barrier should descend all the way to the ground and contain no holes or openings. MM Xll-8 The project developer must show evidence that wall assembly construction of rooms being utilized for residential purposes will provide an adequate exterior to interior noise reduction to achieve interior noise levels of no more than 45 d8A CNEL. ENV 4. Reimburse City for Monitoring Expenses. 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 developer's operations and activities for compliance with all applicable mitigation measures. 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. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances. 31 Resolution No. Page 25 PLN 3. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. The existing Robusta / Mexican Fan Palms at the Palm Canyon Drive frontage shall be replaced with California Fan Palms. PLN 4. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign permit/program to the Department of Planning Services prior to the issuance of building permits. PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 6. Maintenance of Awnings & Protections. All awnings shall be maintained and periodically cleaned. PLN 7. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 32 Resolution No. Page 26 PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. PLN 15. Provide 'smart controllers' for all irrigation systems. PLN 16. Public Benefit. Prior to approval of the Final Map and the issuance of any grading or other permit, the applicant shall obtain approval from Riverside County Flood Control for improving and landscaping the south side of the adjacent Tahquitz Creek trail in accordance with the Tahquitz Creek Master Plan. With the exception of the underground passage, the improvements shall occur prior to certificate of approval. PLN 17. Pedestrian Connections to Palm Canyon. The applicant shall provide at least two pedestrian connections from the Multi-family portion of the site direct to the sidewalks on Palm Canyon Drive. PLN 18. Vehicular Entry Gate(s). In accordance with General Plan Policy CD14.4, the primary vehicular access point from Belardo shall not be gated. The proposed gates shall be removed from the project. PLN 19. Boulder/Rock Crushing. This activity is prohibited on-site. PLN 20. Development Standards. Standards Lot Standards Min.Area Multi-Family (MFR): -85,248 SF Single Family Residential (SFR): 5,000 SF Min. Width MFR: 640ft min. SFR: 53ft min. Min. Depth MFR: 130ft. min. SFR: 95ft min. Building Height MFR: 24ft. max. SFR: 15ft to 24 ft. max. Density 6,658 SF of lot area per unit including both MFR and SFR dwellings Yard Setbacks Garage ' MFR: Garages accessed via motor court SFR: 18 ft. min. Front MFR: 30ft from Palm Canyon Drive SFR: 1Oft from internal street 33 Resolution No. Page 27 Side MFR: 12ft from North P/L and 30ft from South PIL SFR: 7ft and 3ft for each lot Rear MFR: 600ft+from Belardo SFR: 5ft from property line at back of house Pools/Spas SFR: 2ft. from side or rear property lines Distance Between Bidgs. MFR: 20ft separation, 28-40ft on interior motor court SFR: 1 Oft separation POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. SOUTH PALM CANYON DRIVE ENG 1. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. 34 Resolution No. Page 28 ENG 2. Remove the existing curb located 32 feet west of centerline and replace with an 8 inch curb and gutter located 38 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 3. Construct a driveway approach (for emergency purposes) located at the southeast property line in accordance with City of Palm Springs Standard Drawing No. 201. ENG 4. Construct an 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 5. The existing palm trees located along the South Palm Canyon Drive frontage shall be relocated and transplanted by the applicant in conjunction with the associated street widening; or the applicant may furnish and install new Washingtonia filifera palm trees along the South Palm Canyon Drive frontage, at equal spacing (Min height of 18' feet with 75% of trunk skinned). The applicant shall be responsible for installation of a new irrigation and electrical system in accordance with City of Palm Springs Standard Drawing No. 904, 1101 and 1102 for the palm trees to the satisfaction of the City Engineer. ENG 6. New or transplanted palm trees shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any palm trees that fail during the one-year landscape maintenance period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent one-year landscape maintenance period. ENG 7. Applicant shall enter into a reimbursement agreement with the developer of TM 33575 for 50% of the costs associated with design and construction of the off-site 14-feet wide raised landscaped median island along the entire frontage of the project. ENG 8. Construct pavement with a minimum pavement section of 5 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 South Palm Canyon Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. 35 Resolution No. Page 29 BELARDO ROAD ENG 10. Remove portions of existing curb, gutter and sidewalk to construct a 25 feet radius curb return, spandrel on both sides of the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 11. Construct a 6 feet wide cross gutter at the intersection of Belardo Road and "A" Street with a flow line parallel with and located 20 feet east the centerline of Belardo Road in accordance with City of Palm Springs Standard Drawing No. 200. ENG 12. Construct Type A curb ramps meeting current California State Accessibility standards on both sides of the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 212. ENG 13. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 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 in the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 14. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 15. All on-site private streets shall be two-way with a minimum 29 feet wide travelway (as measured from top of curb) where no on-street parking is proposed. ENG 16. All on-site private streets shall be two-way with a minimum 37 feet wide travelway (as measured from top of curb) where on-street parallel parking is proposed. 36 Resolution No. Page 30 SANITARY SEWER ENG 17. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 18. 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 any building permits. ENG 19. Construct an 8 inch V.C.P. sewer main along all on-site street frontages located 5 feet from centerline or as required by the City Engineer and connect to the existing public sewer system in South Palm Canyon Drive. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 20. Remove and relocate the existing sewer main from easement along the frontage of subject property to South Palm Canyon Drive right-of-way as required by the City Engineer. When the relocation of sewer main has been completed and accepted by the City of Palm Springs, a summary vacation of the sewer easement will be required. ENG 21. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 22. Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING ENG 23. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to 37 Resolution No. Page 31 comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study and a copy of the project-specific Final Water Quality Management Plan. ENG 24. Prior to approval of a Grading Plan (or issuance of a Grading Permit), 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 or the Tribal Archaeologist at ACBCI- THPO a-)aguacaliente.net 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. ENG 25. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 26. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the 39 Resolution No. Page 32 perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 27. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 28. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 29. A Notice of Intent (NOI) to comply with the California General Construction Storm water Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 30. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to- date SWPPP shall be kept at the project site and be available for review upon request. ENG 31 . In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 32. 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. ENG 33. The applicant shall provide pad (or finish floor) elevation certifications for all building (or structure) pads in conformance with the approved grading plan (if 39 Resolution No. Page 33 required), to the Engineering Division prior to construction of any building (or structure) foundation. ENG 34. 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). WATER QUALITY MANAGEMENT PLAN ENG 35. This project shall 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 contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and non-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. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 36. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 37. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the 40 Resolution No. Page 34 requirement to implement the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 38. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project- Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 39. The applicant shall accept and convey all stormwater runoff across the property and conduct the runoff to an approved drainage system. On-site retention may be allowed on that portion of the property where historically, stormwater runoff is conveyed. The incremental increase of stormwater runoff due to development of the property shall be retained on-site to the satisfaction of the City Engineer. ENG 40. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to South Palm Canyon Drive. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 41. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7271 .00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 42. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 41 Resolution No. Page 35 ENG 43. Construct storm drain improvements which include but not limited to the interception of the existing storm drain lines crossing Belardo Road between Mesquite Avenue and the Tahquitz Creek Flood Control Channel, extending applicable storm drain lines within the existing right-of-way south along frontage of Belardo Road to Mesquite Avenue, and East on Mesquite Avenue to the Intersection of Random Road and connect to Line 29. In the event that the portion of Line 29 in Random Road extending from Tahquitz Creek is not constructed, developer shall be obligated to construct all of the Line 29 storm drain improvements. ENG 44. All on-site storm drain systems 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. ENG 45. The proposed underground retention system(s) shall be installed on-site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention system(s) shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. GENERAL ENG 46. 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, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt 42 Resolution No. Page 36 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. ENG 47. 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 or the Tribal Archaeologist at (760) 699-6800, 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. ENG 48. All proposed utility lines shall be installed underground. ENG 49. 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 running along the westerly property line meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. 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. 43 Resolution No. Page 37 ENG 50. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 51. Upon approval of any improvement plan (if required) 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 by the City Engineer. ENG 52. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 53. 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. ENG 54. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 55. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee $7,500 and shall be made at the time of the application. ENG 56. 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. ENG 57. 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 44 Resolution No. Page 38 related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map by the City Council, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 58. 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, 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. ENG 59. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. TRAFFIC ENG 60. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by (either an additional dedication of a sidewalk easement if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Belardo Road and South Palm Canyon frontages of the subject property. ENG 61. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 62. The applicant shall install a Type R6-1 "One Way" sign within the South Palm Canyon Median, opposite the driveway located near the south property lines along south palm canyon drive, as required by the City Engineer. 45 Resolution No. Page 39 ENG 63. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Belardo Road and "A" Street, and proposed driveway located at the south end of the proposed parking lot with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 64. Install a street name sign at the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 65. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 'Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 66. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID 1 These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans received and dated April 25, 2016. Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3 PLANS AND PERMITS (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. 46 Resolution No. Page 40 Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals (four sets). All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FID 5 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 6 Security Gates (CFC 503.6): If approved, the installation of security gates across a fire apparatus access road shall also receive approval by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchTM, or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of '/ inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. 47 Resolution No. Page 41 In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled pates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. FID 7 Key Box Required (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. FID 8 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings FID 9 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13R, 2013 Edition, as modified by local ordinance. • NFPA 13R system required for condominiums • Shall comply with Palm Springs Fire Code Appendix L FID 10 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2013 Edition, as modified by local ordinance. • NFPA 13D system required for single family dwellings • Shall comply with Palm Springs Fire Code Appendix L FID 11 Single- and Multiple-Station Smoke Alarms (CFC 907.2.11): Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.4 and NFPA 72. Exception: For Group R occupancies. A fire alarm system with smoke 48 Resolution No. Page 42 detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. FID 12 Audible Residential Water Flow Alarms - NFPA 13D & 13R Fire Sprinklers & Household Fire Alarm System (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe with WBB back box or equal) shall be provided on the exterior of the building in an approved location. It shall be powered by the household fire alarm system. The horn/strobe shall be outdoor rated. END OF CONDITIONS 49 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-379) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 12.38-ACRE SITE LOCATED WEST OF SOUTH PALM CANYON DRIVE, SOUTH OF THE TAHQUITZ CREEK WATERCOURSE AND EAST OF BELARDO ROAD (777 SOUTH PALM CANYON DRIVE). City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 56 detached residential units and 25 attached multi-family units on 12.38+/- acres of land generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC. ("Applicant') filed an application pursuant to Palm Springs Zoning Code Section 94.07.00 (Zone Map Change / Change of Zone) and Section 94.03.00 (Planned Development District) seeking approval of a Planned Development District in lieu of a Change of Zone (Case 5.1378 PD-379) to construct 56 detached residential dwellings and 25 attached residential dwellings with private streets and open space on 12.38-acres of land located at 777 South Palm Canyon Drive. B. The Applicant submitted related applications, including a Tentative Tract Map application (Case TTM 36914) to subdivide the project land into 57 residential lots and common area parcels for private streets and open space pursuant to Title 9 of the Palm Springs Municipal Code and a Major Architectural application (Case 3.3876 MAJ) to review proposed architecture pursuant to Section 94.04.00 of the Zoning Code. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law; and on May 25, 2016, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented, and voted 6-0 to recommend approval of the subject project. D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law; and on July 6, 2016, the City Council held a public hearing in accordance with applicable law and directed the Applicant to make revisions for review 50 Ordinance No. Page 2 with a City Council ad hoc subcommittee and then return the project back to Council for decision. E. The Council ad hoc subcommittee reviewed changes to the project and provided direction to the Applicant. F. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given again in accordance with applicable law; and on September 21, 2016, the City Council held a public hearing in accordance with applicable law. G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff report, the Mitigated Negative Declaration, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The proposed project is located in the Mixed-Use / Multi-Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.5 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. CD20.1 — Create a pedestrian-friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian- scaled lighting, and small gathering spaces. Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. 51 Ordinance No. Page 3 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 81 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. The scale and size of the project is consistent with other residential projects in the City. Eighty-one units across the 12.4-acre site equates to 6.5-dwelling units per acre, or 6,658-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast corner of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on-site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1: CEQA. The City Council independently reviewed and considered the information contained in the Mitigated Negative Declaration (MND) and subsequent environmental analysis. The 52 Ordinance No. Page 4 MND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the Initial Study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the City Council adopts a Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2: Preliminary PD in lieu of a Zone Change. The City Council approves PD 379 in lieu of a Change of Zone (Case 5.1378) as conditioned by City Council Resolution No. for Case 5.1378 PD-379 ZC / 3.3876 MAJ /TTM 36914. SECTION 3. Zoning Map change. The City Council approves the zone map change from "C-1" and "R-3" to PD 379 for a roughly 12.38-acre site generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel, currently addressed at 777 South Palm Canyon Drive, in conjunction with Case Nos. 5.1378 PD-379 ZC / TTM 36914 13.3876 MAJ. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. Expiration. If the entitlement granted under City Council Resolution No. expires, this Ordinance shall automatically expire without notice, and the site shall revert to its previous zoning designations of "C-1" and "R-3". SECTION 6. Publication. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 21 st day of September, 2016. MAYOR ATTEST: City Clerk 53 Ordinance No. Page 5 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 1 54 Attachment 3 55 PALM Sp A R� 1 c U N CITY COUNCIL STAFF REPORT C �P QIIFOR� DATE: July 6, 2016 PUBLIC HEARING SUBJECT: WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF (57) SINGLE-FAMILY RESIDENCES AND (25) MULTI- FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3 (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will review the following development applications related to a 12.38- acre site located at 777 South Palm Canyon Drive: • A Planned Development District (PD) in-lieu of zone change to establish the project site plan, permitted uses and development standards. The development includes: 0 57 one- and two-story single-family residences ranging in size from 2,179- square feet to 2,574-square feet on lots averaging 5,362-square feet in size; 0 25 multi-family residences within five two-story buildings fronting Palm Canyon Drive. Units range in size from 1,650-square feet to 2,200-square feet in size; o Private streets and common open space, including one dedicated lot for a joint-use pool area. • Major Architectural Application to review the proposed architectural designs. Final Development Plans will be submitted at a later time. • A Tentative Tract Map (TTM) to subdivide the roughly 12.38-acres into 58 residential lots, one of which will be for condominium purposes for the 25-unit multi-family residences, and common area parcels for streets and open space. 56 City Council Staff Report July 6, 2016 -- Page 2 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group RECOMMENDATION: 1. Open the hearing and receive public testimony; 2. Review applicant's objections on certain conditions of approval (PCC 1/PLN 19, PCC 8 and PCC 10/PLN 18) and make determination on including or excluding from final approval; 3. ADOPT RESOLUTION NO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914 FOR A RESIDENTIAL DEVELOPMENT AND SUBDIVISION CONSISTING OF (57) SINGLE-FAMILY RESIDENTIAL DWELLINGS, (25) MULTI-FAMILY RESIDENTIAL DWELLINGS, OPEN SPACE AND PRIVATE STREETS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE." 4. Waive reading and introduce by title only for first reading Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH. ISSUES: • The project is inconsistent with General Plan Policy prohibiting gated communities. • Applicant opposed to certain conditions of approval of the Planning Commission. BACKGROUND AND SETTING: The project is comprised of five parcels totaling roughly 12.38 gross acres in size and bounded by South Palm Canyon Drive to the east, remnants of the "Mac Magruder' automobile dealership to the south, Belardo Road to the west and the Tahquitz Creek (waterway) to the north. The "Rock Garden Cafe" building has been removed from the project site at the northeast comer of the property. The remaining parcels are undeveloped and contain numerous boulders as a part of the Tahquitz Canyon alluvial fan. The proposed project has changed since originally submitted for review in June 2015. The applicant first proposed a mixed-use project with 20 live/work units and 60 single family residences in a similar layout as currently shown. The AAC and Planning 57 City Council Staff Report July 6, 2016 -- Page 3 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914-Woodbridge Pacific Group Commission expressed concern with the retail space and parking lot, so the applicant revised the project to remove the commercial component and proceed with a residential development. Related Relevant City Actions by Planning, Fire, Building, etc... Aug. 10, 2015 The Architectural Advisory Committee (AAC) tabled the original mixed-use project, which involved single-family and live/work units. The AAC made the following comments and recommendations: 1. Project design at rear (Belardo) and Tahquitz Creek side is important. Greater setback and design attention should be considered for the architecture along the Tahquitz Creek. Consider using fence instead of wall along Creek and orienting roof deck toward open space. Avoid blank elevations and walls facing Creek. 2. Trail improvement excellent opportunity for public benefit. Connectivity important and would like to see exhibit showing how project relates to its surroundings (i.e. trail and bike system, crosswalks, Cameron project, etc.). 3. Provide clarification on live/work building materials. Enhance north side architecture. Provide 3-D exhibits. 4. Provide pool building(s) elevations. 5. Study the continuation of Street "F" as alternate to the street shown between Lots 59 and 60. 6. Use desert native plants as opposed to sub-tropical plants. 7. Narrower streets with no parking or one-sided parking may be better alternative for providing additional open space. Reducing width of "B" street would create more buffer between Creek and new homes adjacent. 8. Reduce fascia depth/roof line proportions for both live/work buildings and single-family homes. 9. Most members were not in favor of gates, but if one is approved prefer the westerly side of project only. 10. Use landscaping recommended by Trail Master Plan. Some trees need to be replaced with more desert native species. 11. Provide overall project elevations along Belardo and Tahquitz Creek. 12. Submit sample materials that reflect those used on buildings. Sept. 8, 2015 The AAC reviewed a revised proposal and tabled the item with the following direction to the applicant: 1 . Return with entrance/sequence element at the northeast corner of project. 2. Use additional area gained from street reduction for landscape buffer on the north side of the project. 3. Retail units should be developed such that they can be divisible retail spaces, instead of live/work. Sept. 21, 2015 The AAC recommended approval of the revised project, subject to the following conditions: 1. Northeast corner treatment is a continuation of the overhang on South Palm Canyon Drive. 58 City Council Staff Report July 6, 2016 -- Page 4 5.1378 PD-379 ZC, 3.3876 MAJ & TTM 36914-Woodbridge Pacific Group 2. Option A is used to provide 12' of open-space at the north property line (no private patios). 3. One gate on Belardo (instead of 2 vehicular gates). 4. North wall include some variation in material. Nov. 18, 2015 The Planning Commission reviewed the project and provided comments on the live/work component and the location of buildings versus parking spaces along the frontage of Palm Canyon Drive. April 13, 2016 The Planning Commission reviewed two site plan options, and recommended the applicant pursue the residential only layout. The Commission continued the item and recommended AAC review the revised project. May 2, 2016 The AAC recommended approval of the revised residential project, subject to a subcommittee review of the following items: 1. Design of multi-family buildings fronting Palm Canyon to be simplified. 2. All plant material to be a minimum of 5-gallon sizes. 3. Final gate designs. May 25, 2016 The Planning Commission recommended approval of the revised residential project, subject to the following additional conditions: 1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19). 2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. 3. Rentals of homes, including casitas, are permitted for no less than a 30- day rental period. Casitas shall not be rented separately as a vacation rental. 4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review. 5. Lot 1 of TTM (additional 5,000-sq. ft. lot adjacent to pool area) to be used as open space. 6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. 7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes. 8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-unit building is shown at the northeast corner of the site. HOA to maintain on-site public park areas. 9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. 10. Vehicular gates are not allowed (see also PLN 18). 59 City Council Staff Report July 6, 2016 -- Page 5 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group Most Recent Change of Ownership Mar 2014 Parcels purchased by Palm Canyon 65 LLC Planning Areas Specific Plan None Design Plan Yes Project adjacent to Tah uitz Creek Trail Master Plan Airport Overlay None Indian Land None Site Area Gross Area 112.38 acres Nei hborhood Meeting 7/15/2015 Developer held a neighborhood meeting with about 25 attendees. Staff was present to observe the applicant's presentation and community input. Sign Postin of Pending Project June 22, 2015 1 Affidavit of on-site sign posting submitted. Field Check June 2015 1 Site inspection by Planning Staff. General Plan, Zoning and Land Uses of Site & Surrounding Areas Existing General Plan Existing Zoning Existing Land Use Designations Designation Site MU / MU C-1 (Retail Business) Vacant (Mixed Use / Multi-Use) and R-3 (Multiple Family and Hotel North OS - W W (Watercourse) Tahquitz Creek (Open Space - Water South MU / MU C-2 (General Vacant Commercial) and R-3 East MU / MU C-1 with PD-314 Mixed use (residential, Overlay live/work and commercial) under construction West HDR (High Density R-3 Vacant Residential 60 City Council Staff Report July 6, 2016 -- Page 6 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group Aerial View of Site Gam'• � C .-'� �p :......�.F �i.. ,. ��.aLr '-� SUBJECT SITE PROJECT DESCRIPTION: The applicant is proposing a gated residential development with 57 detached single family residential units and 25 multi-family residences. The one- and two-story single- family homes will be built on lots ranging from 5,000 square feet to 7,700 square feet in size. Three floor plans are proposed with one single story product (Plan 1 , 2,063-sq.ft.) and (2) two-story products (Plan 2 at 2,465-sq.ft. and Plan 3 at 2,385-sq. ft.). Roof decks are proposed on Plans 2 and 3. Each residence will include an attached 61 City Council Staff Report July 6, 2016 -- Page 7 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914-Woodbridge Pacific Group accessory living space, two-car garage and private yard space. A pool will provided as an option to homebuyers, according to the applicant. The multi-family portion of the project fronts Palm Canyon Drive and includes five two- story buildings, each containing five dwelling units. The homes range in size from 1,650 square feet to 2,200 square feet, and a two-car garage is provided for all homes. Each unit is accessible from the garage and a separate entry around the perimeter of the building. Common areas will include a variety of enhancements. A community pool space will be built within the project and have parking, landscape, fencing and restrooms for residents and their visitors. Internal pathways are proposed between the rear yards of homes for east-west pedestrian access through the site. The north side of the project abuts the Tahquitz Creek, and an on-site 12-ft landscape buffer will allow additional separation between adjacent homes and the Creek pathway. ANALYSIS: Land Use Element Request Comply? MU /MU land use designation allows 0.50 FAR and The project proposes two forms of residential Yes 15 dwelling units per acre (or up to 30 d.u. per acre uses. A total of 82 residences over 12.38 with PD approval). This designation is"envisioned acres equates to 6.6 dwelling units per acre, as a mixed-use area creating an office, retail, and which is less than the 15 units/acre permitted residential node just south of Downtown. This mix of by the General Plan. uses will complement the hotel uses along East Palm Canyon Drive by providing a concentrated commercial and office base in close proximity to The preferred mix of uses for this area Not con- visitor accommodations. Preferred mix of uses: 30- exceeds anticipated residential uses of 20% forming to 50 percent commercial, 30-50 percent office; 15-20 (For the overall +/-46-acre area designated preferred percent residential' MU/MU, 20% consists of 9.2-acres, which was mix exceeded by the Cameron project to the east). Community Design Element•Goals and Policies Evaluation of Project's Conformance Comply? CD14.4-Prevent long and monotonous walls and Long monotonous walls are avoided with the Yes fencing through undulation, modulation, surface undulating walls on both street frontages, as articulation, and landscaping. well as along the Tah uitz Creek wash. CD14.6-Prohibit gated community entries and The project is proposed to be gated at the No, perimeter walls around entire neighborhoods. primary vehicular entry. suggest Instead, provide privacy through design features modifying such as meandering streets, ample landscaping, project and house placement that provides privacy and exclusivity, CD19.7-Design new development with the As shown on the landscape plans, the project Yes pedestrian in mind by including wide sidewalks, will include pedestrian amenities, such as shade street trees, sitting areas, and clearly defined walking paths that are landscaped with shade pedestrian routes. I trees and clearly defined routes. 62 City Council Staff Report July 6, 2016 -- Page 8 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group CD20.1 — Create a pedestrian-friendly environment Pedestrian-friendly environment proposed Yes along midblock corridor residential development between clusters of multi-family buildings with through the use of landscaping, shade trees, special walking paths and shade trees. paving, pedestrian-scaled lighting, and small gathering spaces. Zoning Permitted Uses: The project site is split-zoned with roughly 3.55-acres fronting Palm Canyon Drive zoned C-1 and the remaining 8.83-acres zoned R-3. Multi-family residential is permitted in the C-1 district and subject to the R-3 Zone development standards. Single-family residential units are prohibited in the R-3 and C-1 zones. Thus, the applicant has submitted a PD-in-lieu of zone change to change the entire site's zone to PD-379. In accordance with section 94.03.00(13)(1) of the Zoning Code, Planned Developments may specifically allow a multiplicity of housing types, such as single-family and multi-family dwellings within the same project site. Therefore, the proposed uses are consistent with the zoning code. Development Standards: C-11 R-3 Requirements Pro osed Project Conform? Lot Standards Lot standards for C-1 and R-3 are noted. Min. Area C-1 20,000 square feet (SF) Multi-Family (MFR): —85,248 SF Yes Single Family Residential (SFR): No. PD proposes R-3: 20,000 SF Lots vary between 5,000 SF and to set standard 7,700 SF Min. Width C-1: 100ft MFR: 640ft min. Yes R-3: 130ft(interior lot) SFR: 53ft min. No. PD proposes 140ft (siding local st.) to set standard Min. Depth C-1: 150ft MFR: 130ft. min. No. PD proposes R-3: 150ft SFR: 95ft min. to set standard Building Height C-1: 30ft, except high-rise MFR: 24ft. max. Yes buildings R-3: 2 stories and 24ft, SFR: 15ft to 24 ft. max. Yes except high-rise buildings Density C-1: Same as R-3 6,576 SF of lot area per unit Yes R-3: 2,000 SF of lot area per including both MFR and SFR unit. dwellings Yard Setbacks Garage C-1: None MFR: Garages accessed via No. PD proposes R-3: 25ft motor court to set standard SFR: 18 ft. min. Front C-1: 5ft MFR: 30ft Yes R-3: 30ft facing major SFR: 10ft No. PD proposes thoroughfare to set standard 63 City Council Staff Report July 6, 2016 -- Page 9 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914-Woodbridge Pacific Group Side C-1: None MFR: 24ft required due to height. Yes R-3: 10ft,except structures Proposed: 25ft from North P/L exceeding 12ft in height shall and 30ft from South P/L have setback equal to height SFR: 7ft and 3ft for each lot No. PD proposes of building to set standard 20ft side yard abutting street Rear C-1: None MFR: 24ft require due to height. Yes R-3: 10ft,except structures Proposed: 600ft+ from Belardo exceeding 12ft in height shall SFR: 5ft No. PD proposes have setback equal to height to set standard of building Distance Between C-1: None MFR: 15ft separation, 28-40ft on No. PD proposes Bldgs. R-3: 15ft when bldgs. are interior motor court to set standard substantially parallel, or 30ft SFR: 1Oft separation when opposite court Lot Coverage C-1: None 48% of project is developed as Yes R-3: Min. of 45% of site area open space (not including roof to be developed as usable decks and balconies) landscape open space Trash Enclosure Per PSZC 93.07.02 Proposed for MFR. Yes Individual containers to be provided for SFR. Off-street Parking PSZC 93.06.00(D)(29), SFR: 2 covered spaces are Yes residential in PDs: 3 bedroom provided within each of the 57 units require 2.25 spaces or units (114 spaces) + two 139.5 spaces for the 62, 3- driveway spaces for SFR's (114 bedroom units; and 2 spaces) =228 spaces. Additional bedroom units require 1.5 parking provided on private spaces or 30 spaces for the streets. 20, 2-bedroom units. MFR: 2 covered spaces are Additionally, guest parking is provided within each of the 25 required at 1 space for every units (50 spaces) + 25 spaces 4 units, or 20.5 spaces. behind MFR units = 75 spaces. Total Required: 190 spaces Total Provided: 303 spaces (excludes available parking on internal SFR streets) Site Grading: The existing natural topography will be graded to accommodate the proposed project. Currently, the site slopes downward from its northwest corner to the south, southeast and east portions of the property, and a ravine exists along the east side of Belardo Road. The proposed improvements will create a stepped pad design, consistent with the existing topography patterns, particularly in the east-west direction from Belardo Road to Palm Canyon Drive. The pads for the homes adjacent to Belardo are lower 64 City Council Staff Report July 6, 2016 -- Page 10 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group than the existing street grades and will drop by fourteen feet from north to south. The building pads from east to west will drop by more than thirty feet. The project is proposed to be mass graded and completed in one phase. The entire site will be rough graded, establishing building pads, drainage patterns, retention basins, and the installation underground utilities. All internal streets, curbs, gutters will be improved. The applicant submitted a site section exhibit depicting existing and proposed grades at various locations transecting through the property. The four sections indicate buildings will be about five feet below the existing sidewalk along the frontage of Belardo Road and three to 3.5-feet above the existing sidewalk along Palm Canyon, but lower than existing adjacent grades. The northerly side of the site abuts the Creek and will slope downwards towards the base of the channel. The southerly side of the site abuts the razed auto-dealership and will require a 2-foot retaining wall to adjust grades at the site boundary. The exhibit also depicts proposed building profiles. Boulder/Rock Crushing: Throughout the grading process, the applicant proposes rock crushing which has been evaluated as a part of the Environmental Assessment/initial Study. Impacts associated with the proposed rock crusher were determined to be less than significant. However, the Planning Commission was opposed to this activity, citing significant environmental impacts, and conditioned the project to prohibit this from occurring on-site. This is included as condition of approval PLN 19 and PCC 1 in the draft resolution. The environmental impacts of prohibiting this activity were evaluated, noting an increase in truck hauling trips, and it was determined that air quality impacts would remain less than significant (see Environmental Determination portion at end of staff report). Discussion of Public Benefit: Pursuant the City Council 2008 policy on Public Benefit on Planned Developments, the applicant is to propose some form of public benefit "proportional to the nature, type and extent of the flexibility granted from the standards and provisions of the Palm Springs Zoning Code"and may only be considered a public benefit "when it exceeds the level of improvement needed to mitigate a project's environmental impacts or comply with dedication or exactions which are imposed on all projects such as Quimby Act, public art fees, utility undergrounding, etc." The applicant is seeking the following relief via the Planned Development District: • Reduced lot area, depth and width (SFR: minimum of 5000-sq. ft. lot, 95-ft. depth and 53-ft width) • Reduced yards/setbacks (SFR: rear yards to 5 feet and side yards to 3 feet and 7 feet) 65 City Council Staff Report July 6, 2016-- Page 11 5.1378 PD-379 ZC, 3.3876 MAJ & TTM 36914—Woodbridge Pacific Group Reduced distance between buildings (MFR: min. 10 feet) The applicant has proposed the following Public Benefits: • Enhanced landscaping (30+ feet) along the frontage of South Palm Canyon. Pedestrian sensitive walkways. Beautify the existing hikinglbiking trails along the northerly boundary adjacent the Taquitz Creek Channel with lush landscape and wider trail pathway. • Remove and delete the use of the site as home base for the homeless and location for illegal drug transactions. • Private Gated entry from Belardo as main entrance to the mixed use subdivision. An "emergency only" gate at South East corner of the site onto South Palm Canyon is also planned and in site design Staff notes the following related to Public Benefits: • The project as a Public Benefit — The project fulfills key General Plan objectives for community beautification and improved circulation, as follows: o Improving and landscaping the Tahquitz Creek trail in accordance with the Tahquitz Creek Trail Master Plan; o Providing 12-foot landscape buffer and 20- to 25-foot passive park space adjacent to channel on private property; o Incorporating internal pedestrian sidewalk paseos that are separate from the street; and o Enhancing circulation with the trail improvement. • Off-site Improvements — The project includes off-site improvements, including the south side of the Tahquitz Creek. The developer will pursue permitting with Riverside County Flood Control, improve pathways and install landscape consistent with the Master Plan. PLANNING COMMISSION ACTION: The project was reviewed by the Planning Commission on three occasions. At its last review on May 25, 2016, the Commission recommended approval of the project and included the following 10 conditions as a part of its motion: 1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19). 2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. 3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental. 66 City Council Staff Report July 6, 2016-- Page 12 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group 4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review. 5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space. 6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. 7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes. 8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-unit building is shown at the northeast corner of the site. HOA to maintain on-site public park areas. 9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. 10.Vehicular gates are not allowed (see also PLN 18). In response to these requirements, the applicant has made some changes to the project. Additional private communal open space is provided with a dog park adjacent to the pool area by eliminating one home site' (item 5 above). To create more open space at the northeast corner of the site and address item 8 above, the applicant enlarged the landscape buffer to create a public gathering/seating area; however, the total number of units/lots remains the same — the additional open space was gained by reducing distance between the multi-family buildings. To address item 7 above, the side yard setbacks for the single-family homes are now shown at three feet and seven feet for each lot to allow elevation enhancements and building openings for natural light. The developer will integrate the other requests related to items 2, 3, 4, 6 and 9, during the Final Development Plan. However, the applicant is opposed to items 1, 8 and 10, and seeks approval to allow rock/boulder crushing, all proposed units and vehicular entry gates. REQUIRED FINDINGS: The proposal requires that findings be made for the following applications: • Resort Overlay Zone • Planned Development District in lieu of Zone Change • Tentative Tract Map • Architectural Review The number of homes remains the same, due to a home now being proposed where a retention basin was planned at the southwest corner of the site. 67 City Council Staff Report July 6, 2016 -- Page 13 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group The Planning Commission made findings for each application, based on the analysis provided below. Resort Overlay Zone: The "R" (resort) overlay zone is intended primarily to provide for accommodations and services for tourists and visitors while guarding against the intrusion of competing land uses. The Resort Combining Zone runs along Palm Canyon Drive for nearly its entire length through the City, as well as through the heart of Section 14 along Tahquitz Canyon Way from Amado Road to Arenas Road. The subject site lies within this overlay zone. The zoning code states: Uses shall be as provided in the underlying zone with which the `R"zone is combined, except that all multiple-family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted only by conditional use permit (CUP). Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The development proposes residential uses in an area that is compatible with its surroundings. The site abuts a watercourse channel to the north and streets on two sides. To the east is the Cameron project, which primarily consists of residential with some live/work and commercial spaces fronting the street. South of the site is a vacant property with remnants of a razed commercial property. Properties in the vicinity include vacant sites, commercial stores, single-family and multi-family residential, and mobile home and RV parks. Therefore, the site is not appropriate for other transient or accommodation services for tourists, which are allowed by right within the underlying zone, because much of the commercial already exists in nearby areas and residential patterns have been established in surrounding neighborhoods. Additionally, there are vacant commercial spaces that exist in the vicinity. Staff believes the proposed project is consistent with this finding. Pursuant to PSZC 94.02.00(A)(4) of the Zoning Code, the CUP may be incorporated as part of the PD application without the need for a separate application. Thus, the CUP findings are evaluated below as an integral part of the PD application. Planned Development District in Lieu of Zone Change: A Planned Development District is subject to the requirements of Zoning Code Section 94.02.00. A PD may be approved in lieu of a change of zone if both findings for the PD and Change of Zone are made by the City Council. An analysis of all required findings for a PD in lieu of zone change is provided below: 68 City Council Staff Report July 6, 2016 -- Page 14 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group The commission in recommending and the council in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property: 1. The proposed change of zone is in conformity with the general plan map and report. The proposed project is located in the Mixed-Use / Multi-Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.6 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: • CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. As shown on the landscape plans, the project will include pedestrian amenities, such as walking paths that are landscaped with shade trees and clearly defined routes. The project is conditioned to provide at least two pedestrian sidewalks, which will further enhance the pedestrian routes to the site. • CD20.1 — Create a pedestrian-friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian-scaled lighting, and small gathering spaces. Pedestrian-friendly environment proposed between clusters of multi-family buildings with walking paths and shade trees. • Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. The proposed development will have one primary site access point and a secondary emergency access point. Pedestrian pathways are proposed between homes through-out the site. The Tahquitz Creek will be improved with an additional off-site trail, which will further enhance access around the site. These design features provide a pedestrian oriented design and augments connections for the proposed community and others in the surrounding areas. 2. The subject property is suitable for the uses permitted in the proposed 69 City Council Staff Report July 6, 2016 -- Page 15 5.1378 PD-379 ZC, 3.3876 MAJ & TTM 36914—Woodbridge Pacific Group zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 82 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. The scale and size of the project is consistent with other residential projects in the City. Eighty-two units across the 12.38-acre site equates to 6.6-dwelling units per acre, or 6,587-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents The project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast corner of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on-site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. The City Council shall not approve a conditional use permit unless it finds as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; 70 City Council Staff Report July 6, 2016 -- Page 16 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group As part of the proposed project, a change of zone from "R-3" and "C-1" to PD-379 has been requested to allow the proposed residential development. Section 94.03.00(B)(1) of the Zoning Code specifically allows a multiplicity of housing types, such as single- family and multi-family dwellings within the same project site. Therefore, the use applied for at the subject location is properly one for which PD is authorized by the Zoning Code. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed use is residential — single-family and multi-family. The proposed small lot single-family residential has been constructed elsewhere in Palm Springs, including surrounding areas of the project, wherein smaller lots exceeding 5,000 square feet accommodate a moderate dwelling size. Each site will contain a one- to two-story residence with garage and private yard space. The multi-family residential will create desirable condominium units that have garage space, private patio/balcony areas and access to a common pool area. Development of the subject site with a mix of single- family and multi-family uses is desirable as a means of bringing a variety of housing choices to the community, and providing a transition between Palm Canyon Drive and residential areas to the west. The land use designation of the site is MU/MU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.6-units per acre, the project is significantly lower than the density permitted for the 12.38-acre site. Thus, the use is consistent with the general plan. The project will consist of one- and two-story residential buildings on undeveloped land which will be re-zoned to PD-379. No other uses are permitted within this zone. Should alternate uses be proposed, an amendment to the PD would be required. Consequently, the use is not detrimental to the existing uses or to future uses specifically permitted in the zone (PD-379). c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood, The project consists of a grouping of parcels to form the overall 12.38-acre site with internal private streets, privately owned units and both private and common open spaces. The PD will establish all development standards for each residential parcel to accommodate typical single-family and multi-family residential products with open space and outdoor living (yards, patio space, landscape, etc.). Therefore, the site for the 71 City Council Staff Report July 6, 2016-- Page 17 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group intended residences is adequate in size and shape to adjust such use to those existing and future permitted uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The project proposes primary vehicular access from Belardo Road. Identified as a Collector Street by the General Plan, Belardo Road is improved with a travel lane in each direction. The Belardo bridge to the northwest of the site was recently constructed and extends traffic north of the site towards downtown. An emergency vehicle access point is proposed on Palm Canyon Drive. Existing General Plan conditions indicate that Belardo Road and Palm Canyon Drive are operating at Level of Service (LOS) A. Future General Plan build out condition (2025) indicate that Belardo Road and Palm Canyon Drive will continue to operate at LOS A. The density analyzed by the General Plan for the subject property was up to 15 units per acre. With the project build out, density will be 6.6 units per acre, causing less impact than that which was analyzed by the General Plan. Thus, the project will be adequately served by the adjacent streets, which are properly designed and improved to carry the type and quantity of traffic generated. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. A set of draft conditions of approval are proposed and attached to this staff report as Exhibit "A" to ensure the public health, safety and general welfare are protected. Tentative Tract Map: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map and Tentative Parcel Map are consistent with all applicable general and specific plans. The land use designation of the site is MU/MU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.6-units per acre, the project is consistent with the density permitted for the 12.38-acre site. Street circulation will be consistent with the General Plan Circulation Element. Dedication of right-of-way is provided along Palm Canyon Drive to accommodate the westerly half street width necessary for a Major Thoroughfare, pursuant to Figure 4-2 of the Circulation Element. Internal streets will be improved to thirty-seven feet, which 72 City Council Staff Report July 6, 2016 -- Page 18 5.1378 PD-379 ZC, 3.3876 MAJ & TTM 36914—Woodbridge Pacific Group complies with minimum requirements for private streets according to the Circulation Element. Consequently, the project is consistent with the General Plan. b. The design and improvements of the proposed Tentative Tract Map and Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project includes a PD in lieu of change of zone to PD-379, and seeks a specific development plan for the 12.38-acre site. There will be 82 residences with improved street access, utilities and other typical services provided to residential development. Developable lots are required to be at least 5,000-square feet in size. The PD also proposes a set of development standards. c. The site is physically suited for this type of development. The existing site conditions consist of low vegetation, boulders and native soil. The site slopes from the northwest corner to the east, southeast and south sides of the property. Site elevations range from 452 to 485 above mean sea level, a 33-ft variation over a 900-ft east-west span. This equates to an average slope of less than 4%. The site will be graded to accommodate the proposed development. Such grading is designed to follow existing sloped patterns on-site. Each developable lot will be designed to accommodate a detached residence, multi-family buildings or accessory structures. Therefore, the site is physically suited for this type of development and is proposed with adequate access to the network of public streets. d. The site is physically suited for the proposed density of development. The project proposes an overall site density of 6.6 dwelling units per acre, which is consistent with the General Plan land use designation of MU/MU. The 12.38-acre site abuts improved public streets with existing utilities and with right of way widths that are projected in the City's 2007 General Plan to operate at normal LOS. Consequently, the site is physically suited for the proposed density of development. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The project will therefore not damage or injure fish, wildlife or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. 73 City Council Staff Report July 6, 2016 -- Page 19 5.1378 PD-379 ZC, 3.3876 MAJ & TTM 36914—Woodbridge Pacific Group The design of the proposed subdivision includes connections to all public utilities including water and sewer systems. The layout of internal private streets provides access to each lot. The subdivision is proposed with sidewalks along private open spaces. No serious public health problems are anticipated. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public easements will be provided to accommodate needed utilities, as well as a master drainage line that will be constructed at a future time. There are no other easement conflicts known with the design of the proposed subdivision. Therefore, the design of the subdivision will not conflict with easements for access through or use of the property. Architectural Review: Staff evaluated the proposal against the architectural review guidelines, pursuant to Section 94.04.00 of the Zoning Code, and prepared the following responses: 1. Does the proposed development provide a desirable environment for its occupants? The proposed project includes a mix of single-family residential and multi-family residential units. Homes are one- and two-stories in size and include private open space and garages for covered parking. A common pool area will be accessible for the residents and their visitors. 2. Is the proposed development compatible with the character of adjacent and surrounding developments? The project is adjacent to the Tahquitz Creek to the north and remnants of a demolished commercial site to the south. West of the project site is vacant land and east of the site is a mixed use project under construction with commercial space, live/work and residential. The proposed one- and two-story residential project will be compatible with the character of adjacent and surrounding developments. 3. Is the proposed development of good composition, materials, textures, and colors? Preliminary designs include a mix of one- and two-story structures designed in a contemporary modern vernacular with flat, folded plate and sloped roofs. Residences consist of stucco as the primary application with stone or concrete veneers on the front elevation. 74 City Council Staff Report July 6, 2016 -- Page 20 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group 4. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Single-family homes are designed and plotted such that one side yard provides privacy to the adjacent property. Although small in size, the private yard spaces and rooftop decks are nicely oriented toward the westerly mountain views. The Multi-family portion provides good pedestrian connections with landscape and pool amenities. 5. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood / community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The architectural style of the units in the proposed development is modern. The development under construction opposite of Palm Canyon is also modern. However, the neighborhood includes a mix of Spanish and modern styles. 6. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The proposed buildings conform to the height limits of the R-3 and C-1 zones and will have three and seven foot side yard setbacks for the single-family properties, allowing a larger usable side yard. Equipment will be screened per the zoning code requirements. 7. Building design, materials and colors to be sympathetic with desert surroundings; Neutral colors are proposed and consistent with the surrounding desert environment. 8. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously Three floor plans with two elevation options each are proposed for the single-family residences. This allows a mix of good composition along the internal streets and the Tahquitz Creek. The multi-family residential buildings include a mix of flat and folded plate roof lines and decorative block. 9. Consistency of composition and treatment There is consistency in the composition and treatment of the buildings as proposed. 75 City Council Staff Report July 6, 2016 -- Page 21 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group 10. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials The proposed landscape plans are consistent with desert appropriate trees and plants. ENVIRONMENTAL DETERMINATION: The proposed development is a project as defined by the California Environmental Quality Act (CEQA). An Initial Study was prepared which considered all required CEQA issues, including but not limited to air quality, cultural resources, land use, hydrology and traffic. Potential significant adverse impacts were identified along with Mitigation Measures that would reduce the potential adverse impacts to less than significant levels. Based on this analysis, a draft Mitigated Negative Declaration (MND) is proposed. The Initial Study/Mitigated Negative Declaration was circulated for a 20-day comment period from May 4, 2016 to May 24, 2016. There have been no comments on the document. When recommending approval of the document on May 25, 2016, the Planning Commission determined the document was an adequate assessment of environmental impacts only if rock crushing was prohibited. Based on this prohibition and changes to the site plan (i.e. elimination of the retention basin) since Commission review, staff evaluated the revised project to determine whether these changes would result in any new unidentified significant environmental impacts. Should no rock/boulder crushing occur on-site, an increase in truck haul trips would be required to export rocks/boulders off-site and to import fill, which would thereby increase greenhouse gas emissions and impact air quality. An analysis was conducted and it was determined that construction-related emissions would remain below thresholds of significance, and no further analysis is required as it relates to Air Quality and Greenhouse Gas Emissions. The other change relates to the hydrology and the elimination of the retention basin at the southwest corner of the site. The Initial Study analyzed a storm drainage system that accommodated off-site storm flows from the west through the site, and into one of two retention facilities: an above ground retention basin at the southwest corner of the property, and a subsurface storm water storage system under the parking area located along the eastern property boundary. The applicant now proposes to maintain the eastern subsurface storage system for on-site run-off, but eliminate the southwestern retention basin for a proposed home site. In order to allow for the elimination of the southwest retention basin, the storm flow volumes through the site must be reduced. The applicant proposes to capture off-site flows that originate to the west of the property into a drainage system constructed below existing right-of-way. This system will include storm drain pipelines that convey off-site flows south down Belardo Road and east down Mesquite Avenue. The installation will 76 City Council Staff Report July 6, 2016 —Page 22 6.1378 PO-379 ZC. 3.3876 MAJ &TTM 36914--Woodbridge Pacific Group occur entirely within the existing roadway, and will not disturb any land that has not been disturbed by roadway construction. All the impacts considered in the Initial Study for the project as a whole will apply to the installation of the pipeline, as wilt the mitigation measures included in the Initial Study for the project as a whole. The addition of the storm drain pipe in Belardo Road and Mesquite Avenue will not result in a change in impacts, or a substantially increased impact on the environment. Consequently, no further analysis under CEQA is required. Further information and analysis on the above can be found in the attached Memorandum prepared by the city's environmental consultant, Terra Nova Planning & Research. CONCLUSION: The proposed project includes a mix of residential units with small-lot, single-family residences and five-plex condominiums along Palm Canyon Drive. The Planning Commission recommended approval of the project with a number of conditions, most of which have been accepted by the applicant. Conditions that require attention include permission to allow rock/boulder crushing on-site (PCC 1 and PLN 19), determination of additional open space and loss of units (PCC 8) and decision on gating the development (PCC 10 and PLN 18). These conditions would be removed from the draft resolution, if the Council agrees with the applicant's request. Otherwise, the Council may approve the project as recommended by the Planning Commission and presented in the attached draft resolution and ordinance. FISCAL IMPACT: No fiscal impact. SUBMITTED: Pnn `/// -T agg, AIC Marcus us Fuller, P.E.,iMP.A P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq., P City Manager 77 City Council Staff Report July 6, 2016 -- Page 23 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions 3. Draft Ordinance 4. Planning Commission Meeting Minutes of May 25, 2016 (excerpt) 5. Architectural Advisory Committee Meeting Minutes of May 2, 2016 (excerpt) 6. Planning Commission Meeting Minutes of April 13, 2016 (excerpt) 7. Tahquitz Creek Trail Master Plan (Applicable Sections) 8. City Council Policy Statement, Adopted September 17, 2008 9. Applicant Letter 10.Public Comment Letters (4) 11.Memorandum from Terra Nova Planning & Research, Inc. 12. Initial Study/Mitigated Negative Declaration 13.Project Plans 78 Attachment 4 79 A. LM SA��y CITY OF PALM SPRINGS u OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way ti Palm Springs, CA 92262 R w C�R ' (760) 323-8204 q<1FOIR RN� EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held July 6, 2016, the City Council took the following action: 1.13. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF 57 SINGLE-FAMILY RESIDENCES AND 25 MULTI- FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3 (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914): Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated July 6, 2016. The City Council discussed and/or commented on the following: requested Staff address the density without a PDD application, rock crushing, the public benefit, the number of trips to move the rocks, the side yard set- back, and the allowable use along Palm Canyon Drive. Mayor Moon opened the public hearing, and the following speakers addressed the City Council. TODD CUNNINGHAM, Applicant, outlined the process thru the AAC and the Planning Commission, noted changes to the project through the process, requested relief for the removal of the unit for the park, requested the City Council maintain the project as a gated project, commented on the set-back, the proposed dog park, the elimination of units for the creation of open space, and the proposed rock crushing technology and location. DR. JONATHAN FREEMAN, commented on the installation of gates and the requirement for a public park as it may affect the surrounding neighborhood. ROBERT FAY, stated the project only has one-gate, commented on the lot size, setbacks, and other variations from the zoning code, the location of the one community pool and the dog park. F.0 Excerpts of Minutes City Council July 6, 2016 TIM ERKINS, stated he is opposed to the installation of gates, commented on the height of the structure and the height of the pad, density, and the location of the paths behind the units. RANDY BLANCHARD, stated the project is a good project, commented on the price point, and requested the City Council address the Planning Commission requirement for the installation of the park, and requested the City Council eliminate the park requirement. JUDY DEERTRACK, commented on the lack of compliance with the General Plan and State law, the lack of commercial mix, the small lot size, the reduced set-backs, the size of interior street, and the public benefit. ALLEN WORTHY, commented on the architecture and commented on the requirement to remove the gate. FRANK TYSEN, commented on the use of PDD and the deviation from the City's development standards. RICHARD SAMUELS, commented on the history of the lot and current problems with the vacant lot, stated his support for the development of the site, and his support for a gated community. TODD CUNNINGHAM, Applicant Rebuttal, commented on individual pools, the grading of the site, the view corridor from Belardo, and the lot sizes. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following: the General Plan requirements for non-gated communities, questioned the Applicant on pedestrian gates and public open space, street width and street parking, the rocking technology and if not successful a requirement to remove rocks with trucks, the General Plan requirement for non-gated communities, the lack of pedestrian connection, the lack of open space, the public benefit, the lighting of the Palm Trees, truck delivery hours, the landscaping plan, the tree selection and conformity with the Tahquitz Creek Master Plan, the repeating feature in the landscape along Palm Canyon, the view corridors along Palm Canyon, the site plan, parking, the street width, the grading plan and retaining wall, the lack of overhang and shading, maintenance requirement and costs for the park, the lot size, the public benefit, changes needed and the process for the return of the project to the City Council. Page 2 of 3 81 Excerpts of Minutes City Council July 6, 2016 ACTION: Appoint Councilmember Roberts and Mayor Pro Tem Mills to a City Council ad hoc Subcommittee to further incorporate the City Council discussion and concepts and return to the City Council. Motion Councilmember Foat, seconded by Councilmember Roberts and unanimously carried on a roll call vote. I, KATHIE HART, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above actions took place at an adjourned regular meeting of the City Council held on the 6`h day of July, 2016. Kathie Hart, MIMIC Chief Deputy City Clerk NOTE ONLY: Minutes approved on August 3, 2016. Page 3 of 3 52 Attachment 5 83 EXCERPTS OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held May 25, 2016, the Planning Commission took the following action: 2A. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF (57) SINGLE-FAMILY RESIDENCES AND (25) MULTI-FAMILY RESIDENTIAL. CONDOMINIUMS ON A 12.4-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3, SECTIONS 22 & 23 (CASE NOS. 6.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914). (DN) Associate Planner Newell provided background information and an overview of the changes made to the proposed project. Mr. Newell described the public benefits proposed for the development and outlined staffs recommended conditions. The Commission had technical questions pertaining to: • Minimum density requirements. • Is parcel identified as affordable housing site and permitted zoning? • Rock crushing impact and mitigation measures addressed in the Mitigated Negative Declaration. • Status of the proposed Palm Canyon Drive median. • Map showing the access points for the trail and street. • Clarification on Eng. Condition #3. • More specificity on Pin. Condition #16 regarding the Public Benefit improvements. • Vacation rental restrictions. • Palm Canyon street widening. • Building standards. • Mitigation for roof deck privacy. • Open-space. • Parking street width. Chair Klatchko opened the public hearing: TODD CUNNINGHAM, provided details on the proposed project and requested gates on the Belardo entrance for security problems with transients in the area. Mr. Cunningham pointed-out that the CEQA documents state that rock crushing mitigated on the site will have no impact to any residents in the area and pointed out there are 6.5 dwelling units per acre which is far less than the 15 units permitted by the General Plan. RQ Planning Commission E:oerpts of Minutes City of Palm Springs May 26.2016 FRANK TYSEN, said overdevelopment will destroy the town and suggested more public benefit improvements be added to the development and incorporate the rocks in the project instead of moving them all out. KATHLEEN ADAMS, The Canyons, commented that they have a big problem with transients in the area and thinks the gate will be a big benefit for the project. She believes the green bell area will be a problem with the homeless and questioned how long the rock crushing will go on. ROBERT FINLEY, resides in Parkview Mobile Estates, questioned which adjacent communities are gated and spoke about sound vibrating from the mountain in this area. JUDY DEERTRACK, commented about having respiratory problems from the Dakota project, significant mitigation for rock crushing be provided and determination of public benefits. MIKE GUERRA, Historic Tennis Club Neighborhood resident, would like to see the following: scale model of the development from Belardo facing downhill, solar requirements implemented, water conservation, setbacks on Palm Canyon and more public benefit. MARIO GONZALEZ, developer, (seller of the property) said the project has many challenges and thinks rock crushing will be appropriate on the site. He believes gates are appropriate on this property and requested approval of the project. TODD CUNNINGHAM, clarified they will not crush every rock and will integrate the rocks into the overall project. He said the rock crushing will take about 90 days and are 850 feet away from the nearest resident. There being no further speakers the public hearing was closed. Commissioner Hirschbein thanked the applicant for the 12 foot buffer along the creek. He thinks the project could be enhanced with a more robust public plaza by possibly reducing or eliminating the adjacent unit providing for a "real public benefit". He said that this corner is a highly visible entrance to the development. He suggested the two- story houses along the north perimeter be reduced to one-story to minimize the impact to the trail and have the wall elevation return to AAC. Vice-Chair Calerdine stated that the underlying zoning ordinance is out-of-date and inconsistent with the General Plan and that's why PDD's need to be done on so many sites. He suggested a public benefit such as constructing the completion of the Tahquitz Creek Trail to the east side of the Palm Canyon wash. Commissioner Weremiuk concurred with Vm-Chair Calerdine that the developer has worked hard on the following issues: street width to accommodate parking, drive-way 2 95 Planning Commission Excerpts of Minutes City of Palm Springs May 25,2015 width, building separation, green space within the development. She suggested as a public benefit: remove one of the lots to connect the east side to the canyon; shared- used easements and privacy screening for the decks. Commissioner Lowe stated that the developer has worked with the Commission very closely and has made significant improvements, He thinks it is unfair to hold this developer responsible in dealing with the problems of homelessness in the area which needs to be addressed by the city. He concurs that lot#1 could be eliminated to create a larger park area and in the northeast corner 2 or 3 units be eliminated for a larger park. He is not opposed to the project being gated given the security issues surrounding this area. He pointed-out that this is an HOA and is fine with renting out the units for 30 - 90 days to allow the owners of the property to make it financially feasible. He noted that although the city does not have requirements for affordable housing it might be a great public benefit to offer a couple of the units as affordable housing. He commented that a model of the project would be much easier to see what the project will look like. Commissioner Donenfeld commented that although the developer has come a long way with this development; he thinks there could have been more creativity and openness. He agreed that by possibly taking the northeast comer and eliminating the one multi- family unit and three homes it would change and open up the north end to the paseo. He thinks by adding gates it will create a false sense of security because people can get in if they want to. ACTION: Approve the project with conditions subject to: 1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19). 2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. 3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental. 4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review. 5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space. 6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. 7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes. 3 86 PiannirQ Co nminabn Excerpts of Minvtn City of Palm Springs May 26, 2016 8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-unit building is shown at the northeast corner of the site. HOA to maintain on-site public park areas. 9. Developer to IandscapeAmprove south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. 10. Vehicular gates are not allowed (see also PLN 18). I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 25s' day of May, 2016, by the following vote: AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Lowe, Commissioner Weremiuk, Vice-Chair Calerdine, Chair Klatchko NOES: None ABSENT: Commissioner Middleton Terri Hintz Planning Administrative Coordinator 4 R7 Attachment 6 88 RESOLUTION NO. 6570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914 FOR A RESIDENTIAL DEVELOPMENT AND SUBDIVISION CONSISTING OF (57) SINGLE-FAMILY RESIDENTIAL DWELLINGS, (25) MULTI- FAMILY RESIDENTIAL DWELLINGS, OPEN SPACE AND PRIVATE STREETS ON A 12.4-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE. THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS: A. Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC ("Applicant") filed an application with the City pursuant to Sections 94.03.00 and 94.07.00 of the Palm Springs Zoning Code for a Planned Development District in Lieu of Change of Zone, Case 5.1378 PD-379 ZC (including Preliminary Development Plans) to establish (57) detached and (25) attached residential dwellings, open space and streets at the subject property. B. The Applicant filed an application with the City pursuant to Title 9 of the Palm Springs Municipal Code, for Tentative Tract Map 36914, seeking approval to subdivide the 12.4-acre project site into 58 residential lots, one of which being proposed for condominium purposes, as well as common area parcels for streets and open space. C. On November 18, 2015 and April 13, 2016, the Planning Commission reviewed previous iterations of the project at public meetings and provided comments to the applicant. D. On May 2, 2016, the subject project was reviewed by the City's Architectural Advisory Committee (AAC), which voted to recommend conditional approval of the project. E. The proposed project associated with the above applications ("Project") is considered a "project" pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 at. seq. ("CEQA"). F. Pursuant to the CEQA Guidelines, 14 California Code of Regulations Section 15000 et. seq., an initial study was prepared. The initial study concluded that all of the project's potentially significant impacts will be less than significant with the incorporation of mitigation. On this basis, a Mitigated Negative Declaration was prepared. G. The 20-day public review and comment period for the Mitigated Negative Declaration commenced on May 4, 2016 and concluded on May 24, 2016. P9 Planning Commission Resolution No.6570 May 25,2016 5.1378 PO-379 ZC 1 TTM 3691413.3876 MAJ Page 2 of 10 H. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Project, including Case Nos. 5.1378 PD-379 ZC, Tentative Tract Map 36914 and 3.3876 MAJ, was given in accordance with applicable law for the meeting of May 25, 2016. I. On May 25, 2016, a public hearing on the applications for the project was held by the Planning Commission in accordance with applicable law. J. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report and all written and oral testimony presented. K. Resort Overlay Zone: The "R" (resort) overlay zone is intended primarily to provide for accommodations and services for tourists and visitors while guarding against the intrusion of competing land uses, as described below. Uses shall be as provided in the underlying zone with which the "R"zone is combined, except that all multiple-family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shag be permitted only by conditional use permit (CUP). Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The development proposes residential uses in an area that is compatible with its surroundings. The site abuts a watercourse channel to the north and streets on two sides. To the east is the Cameron project, which is under construction and primarily consists of residential with some live/work and commercial spaces fronting the street. South of the site is a vacant property with remnants of a razed commercial property. Properties in the vicinity include vacant sites, commercial stores, single-family and multi-family residential, and mobile home and RV parks. Therefore, the site is not appropriate for other transient or accommodation services for tourists, which are allowed by right within the underlying zone, because much of the commercial already exists in nearby areas and residential patterns have been established in surrounding neighborhoods. Pursuant to PSZC 94.02.00(A)(4) of the Zoning Code, the CUP may be incorporated as part of the PD application without the need for a separate application. Thus, the CUP findings are evaluated below as an integral part of the PD application. L. Planned Development District: A Planned Development District is subject to the requirements of Zoning Code Section 94.02.00, including required findings contained therein. A PD may be approved in lieu of a change of zone if both findings for 90 Planning Commission Resolullon No.6570 May 25,2016 5,1378 PD-379 ZC I TTM 36914 13.3876 MAJ Page 3 of 10 the PD and Change of Zone are made by the City Council. An analysis of all required findings for a PD in lieu of zone change is provided below: The commission in recommending and the council in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property: 1. The proposed change of zone is in conformity with the general plan map and report. The proposed project is located in the Mixed-Use / Multi-Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.6 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: • CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. As shown on the landscape plans, the project will include pedestrian amenities, such as walking paths that are landscaped with shade trees and clearly defined routes. The project is conditioned to provide at least two pedestrian sidewalks, which will further enhance the pedestrian routes to the site. • CD20.1 — Create a pedestrian-friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian-scaled lighting, and small gathering spaces. Pedestrian-friendly environment proposed between clusters of mufti-family buildings with walking paths and shade trees. • Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. The proposed development will have one primary site access point and a secondary emergency access point. Pedestrian pathways are proposed between homes through-out the site. The Tahquitz Creek will be improved with an additional off-site trail, which will further enhance access around the site. These design features 91 Planning Commisslon Resolu8on No.6570 May 25.2016 5.137E PD-379 ZC I TTM 36914 13,3876 MAJ Page 4 o110 provide a pedestrian oriented design and augments connections for the proposed community and others in the surrounding areas. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 82 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. The scale and size of the project is consistent with other residential projects in the City. Eighty-two units across the 12.4-acre site equates to 6.6-dwelling units per acre, or 6,587-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents The project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast comer of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on-site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. The commission shall not approve or recommend approval of a conditional use permit unless it rinds as follows: 92 Planning Commission Resolution No,6570 May 25.2016 5.1376 PD-379 ZC/1TM 3691413.3676 MAJ Page 5 of 10 a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; As part of the proposed project, a change of zone from "R-3" and "C-1" to PD-379 has been requested to allow the proposed residential development. Section 94.03.00(B)(1) of the Zoning Code specifically allows a multiplicity of housing types, such as single-family and multi-family dwellings within the same project site. Therefore, the use applied for at the subject location is properly one for which PD is authorized by the Zoning Code. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed use is residential —single-family and multi-family. The proposed small lot single-family residential has been constructed elsewhere in Palm Springs, including surrounding areas of the project, wherein smaller lots exceeding 5,000 square feet accommodate a moderate dwelling size. Each site will contain a one- to two-story residence with garage and private yard space. The multi-family residential will create desirable condominium units that have garage space, private patio/balcony areas and access to a common pool area. Development of the subject site with a mix of single-family and multi-family uses is desirable as a means of bringing a variety of housing choices to the community, and providing a transition between Palm Canyon Drive and residential areas to the west. The land use designation of the site is MU/MU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.6-units per acre, the project is significantly lower than the density permitted for the 12.4-acre site. Thus, the use is consistent with the general plan. The project will consist of one- and two-story residential buildings on undeveloped land which will be re-zoned to PD-379. No other uses are permitted within this zone. Should alternate uses be proposed, an amendment to the PD would be required. Consequently, the use is not detrimental to the existing uses or to future uses specifically permitted in the zone(PD-379). c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; 93 Planning Commission Resolution No.6570 May 25.2016 5.1378 PD-379 ZC I TTM 3691413 3876 MAJ Page 6 of 10 The project consists of a grouping of parcels to form the overall 12.4-acre site with internal private streets, privately owned units and both private and common open spaces. The PD will establish all development standards for each residential parcel to accommodate typical single-family and multi-family residential products with open space and outdoor living (yards, patio space, landscape, etc.). Therefore, the site for the intended residences is adequate in size and shape to adjust such use to those existing and future permitted uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, The project proposes primary vehicular access from Belardo Road. Identified as a Collector Street by the General Plan, Belardo Road is improved with a travel lane in each direction. The Belardo bridge to the northwest of the site was recently constructed and extends traffic north of the site towards downtown. An emergency vehicle access point is proposed on Palm Canyon Drive. Existing General Plan conditions indicate that Belardo Road and Palm Canyon Drive are operating at Level of Service (LOS) A. Future General Plan build out condition (2025) indicate that Belardo Road and Palm Canyon Drive will continue to operate at LOS A. The density analyzed by the General Plan for the subject property was up to 15 units per acre. With the project build out, density will be 6.6 units per acre, causing less impact than that which was analyzed by the General Plan. Thus, the project will be adequately served by the adjacent streets, which are properly designed and improved to carry the type and quantity of traffic generated. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. A set of draft conditions of approval are proposed and attached to this staff report as Exhibit "A"to ensure the public health, safety and general welfare are protected. M. Public Benefit. In accordance with the City Council Policy on Planned Development, the identified public benefits include two components: a. The project as a Public Benefit — The project fulfills key General Plan objectives for community beautification and improved circulation, as follows: I. Improve and landscape the Tahquitz Creek trail in accordance with the Tahquitz Creek Trail Master Plan; ii. Providing intemal pedestrian sidewalk paseos that are separate from the street; and iii. Enhancing circulation with the trail improvement. 94 Planning Commission Resdullon No.6570 May 25.2016 5.1376 PD•379 ZC I TTM 3691413.3876 MAJ Page 7 of 10 b. Off-site Improvements—The project includes off-site improvements, including the south side of the Tahquitz Creek. The developer will pursue permitting with Riverside County Flood Control, improve pathways and install landscape consistent with the Master Plan. N. Tentative Tract Map: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map and Tentative Parcel Map are consistent with all applicable general and specific plans. The land use designation of the site is MUIMU, which allows a variety of uses including residential. Residential development at a maximum density of 15 units per acre is permitted. At 6.6-units per acre, the project is consistent with the density permitted for the 12.4-acre site. Street circulation will be consistent with the General Plan Circulation Element. Dedication of right-of-way is provided along Palm Canyon Drive to accommodate the westerly half street width necessary for a Major Thoroughfare, pursuant to Figure 4- 2 of the Circulation Element. Internal streets will be improved to thirty-seven feet, which complies with minimum requirements for private streets according to the Circulation Element. Consequently, the project is consistent with the General Plan. b. The design and improvements of the proposed Tentative Tract Map and Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project includes a change of zone to PD-366, and seeks a specific development plan for the 126-acre site. There will be 429 residences with improved street access, utilities and other typical services provided to residential development. Developable lots are required to be at least 5,000 or 8,000 square feet in size. The PD also proposes a set of development standards and design details with specific standards. c. The site is physically suited for this type of development. The existing site conditions consist of low vegetation, boulders and native soil. The site slopes from the northwest corner to the east, southeast and south sides of the property. Site elevations range from 452 to 485 above mean sea level, a 33-ft variation over a 900-ft east-west span. This equates to an average slope of less than 4%. The site will be graded to accommodate the proposed development. Such grading is designed to follow existing sloped patterns on-site. Each developable lot will be designed to accommodate a detached residence, multi-family buildings or accessory 95 Planning Commission Resolution No.6570 May 25.2016 5.1378 PO-379 ZC!TTM 36914/3.3876 M" Page 8 of 10 structures. Therefore, the site is physically suited for this type of development and is proposed with adequate access to the network of public streets. d. The site is physically suited for the proposed density of development. The project proposes an overall site density of 6.6 dwelling units per acre, which is consistent with the General Plan land use designation of MUiMU. The 12.4-acre site abuts improved public streets with existing utilities and with right of way widths that are projected in the ClVs 2007 General Plan to operate at normal LOS. Consequently, the site is physically suited for the proposed density of development. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The project will therefore not damage or injure fish, wildlife or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes connections to all public utilities including water and sewer systems. The layout of internal private streets provides access to each lot. The subdivision is proposed with sidewalks along private open spaces. No serious public health problems are anticipated. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public easements will be provided to accommodate needed utilities, as well as a master drainage line that will be constructed at a future time. There are no other easement conflicts known with the design of the proposed subdivision. Therefore, the design of the subdivision will not conflict with easements for access through or use of the property. O. Architectural Review: Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the Planning Commission finds: The Planning Commission has examined the material submitted with the architectural approval application and has examined specific aspects of the design and determined the proposed development will (1) provide desirable environment for its occupants, (2) is compatible with the character of adjacent and surrounding developments, and (3) aesthetically it is of good composition, 96 Planning Commission Resolution No.6570 May 25,2016 5.1378 PD-379 ZC i TTM 3691413.3876 LW Page 9 of 10 materials, textures and colors. Planning Commission's evaluation is based on consideration of the following: Guideline: Conform? Staff Evaluation: 1 Does the proposed development provide Yes The proposed project includes a mix of single-family a desirable environment for its residential and mule-family residential units. Homes are one- occupants? and two-stories in size and include private open space and garages for covered parking. A common pool area will be accessible for the residents and their visitors. 2 Is the proposed development compatible Yes The project is adjacent to the Tahquitz Creek to the north and with the character of adjacent and remnants of a demolished commercial site to the south, surrounding developments? West of the project site is vacant land and east of the site is a mixed use project under construction with commercial space, livetwork and residential. The proposed one- and two-story residential project will be compatible with the character of adjacent and surrounding developments. 3 Is the proposed development of good Yes Preliminary designs include a mix of one- and two-story composition,materials,textures,and structures designed in a contemporary modem vernacular colors? with flat, folded plate and sloped roofs. Residences consist of stucco as the primary application with stone or concrete veneers on the front elevation. 4 Site layout,orientation,location of Yes Single-family homes are designed and plotted such that one structures and relationship to one side yard provides privacy to the adjacent property. Although another and to open spaces and small in size,the private yard spaces and rooftop decks are topography. Definition of pedestrian and nicely oriented toward the westerly mountain views, vehicular areas;i.e.,sidewalks as The Multi-family portion provides good pedestrian distinct from parking lot areas connections with landscape and pool amenities. 5 Harmonious relationship with existing Yes The architectural style of the units in the proposed and proposed adjoining developments development is modem. The development under and in the context of the immediate construction opposite of Palm Canyon is also modem. neighborhood I community,avoiding However, the neighborhood includes a mix of Spanish both excessive variety and monotonous and modem styles. repetition,but allowing similarity of style, if warranted 6 Maximum height,area,setbacks and Yes The proposed buildings conform to the height limits of the R-3 overall mass,as well as parts of any and CA zones and will have zero and ten foot side yard structure(buildings,walls,screens, setbacks for the single-family properties, allowing a larger towers or signs)and effective usable side yard. Equipment will be screened per the zoning concealment of all mechanical code requirements, equipment 7 Building design,materials and colors to Yes (See response no.3 above) be sympathetic with desert surroundings 8 Harmony of materials,colors and Yes Three floor plans with two elevation options each are composition of those elements of a proposed for the single-family residences. This allows a mix structure,including overhangs,roofs, of good composition along the internal streets and the and substructures which are visible Tahquitz Creek. The mulV_family residential buildings include simultaneously a mix of flat and folded plate roof lines and decorative Mock. 9 Consistency of composition and Yes There is consistency in the composition and treatment of treatment the buildings as proposed. 97 Planning Commission Resolullon No.6570 May 25,2016 5,1378 PD-379 ZC t TTM 3691413,3876 MAJ Page 10 of 10 10 Location and type of planting,with Yes The proposed landscape plans are consistent with regard for desert climate conditions. desert appropriate trees and plants. Preservation of specimen and landmark trees upon a site,with proper irrigation to insure maintenance of all plant materials THE PLANNING COMMISSION RESOLVES: Section 1. The Planning Commission independently reviewed and considered the information contained in the Mitigated Negative Declaration (MND), and the MIND reflects the City's independent judgment and analysis. The Planning Commission finds, on the basis of the whole record before it, including the initial study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the Planning Commission recommends the City Council adopt the Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. Section 2. The Planning Commission hereby recommends approval of a Planned Development District (PD-379) in lieu of Change of Zone and Major Architectural Application to establish (57) single-family dwellings and (25) multi-family residences, open space and streets on a 12.4-acre site located at 777 South Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. Section 3. The Planning Commission hereby recommends approval of a Tentative Tract Map (TTM 36914) to subdivide the 12.4-acre project site into 58 residential lots, one of which being proposed for condominium purposes, as well as common area parcels for streets and open space, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 251h day of May, 2016. AYES: 6, Commissioner Weremiuk, Commissioner Lowe, Commissioner Donenfeld, Commissioner Hirschbein, Vice-Chair Calerdine, Chair Klatchko NOES: None ABSENT: 1, Commissioner Middleton ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Flinn Fagg, AICP Director of Planning Services 98 RESOLUTION NO. 6570 EXHIBIT A CONDITIONS OF APPROVAL Case 5.1378 PD 379 ZC/ 3.3876 MAJ /TTM 36914 Woodbridge Pacific Group on behalf of Palm Canyon 65 LLC 777 South Palm Canyon Drive May 25, 2016 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 Director of Building and Safety, 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 COMMISSION CONDITIONS: PCC 1. No rock/boulder crushing on-site(see also PLN 19). PCC 2. A 50150 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. PCC 3. Rentals of homes, Including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental. PCC 4. Wall design facing Tahquitz Creek to return to AAC for review. PCC 5. Lot 1 of TTM (additional —5,000-sq. ft. adjacent to pool area) to be used as open space. PCC 6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. PCC 7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes. 99 Resolution No.6570 Planning Commission Conditions of Approval Page 2 of 32 Case 5.1378 PD-379 ZC I TTM 36914&3.3876 MAJ May 25,2016 PCC 8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-plex building is shown at the northeast comer of the site. HOA to maintain on-site public park areas. PCC 9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. PCC 10. Vehicular gates are not allowed (see also PLN 18). ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case (5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914), except as modified with the approved Mitigation Monitoring Program and the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Reaulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Mao. This approval is for Tentative Tract Map 36914, date stamped May 18, 2016. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1378 PD 379 ZC/3.3876 MAJ / TTM 36914. 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 1D0 Resolution No.6570 Planning Commisslon Conditions of Approval Page 3 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. if the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, 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. ADM 8. Time Limit on Approval. Approval of the Planned Development District (PD), Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the PD and MAJ may be granted by the Planning Commission upon demonstration of good cause. Extensions of time for the TTM may be approved pursuant to Code Section 9,63.110. Such extension shall be required in writing and received prior to the expiration of the approval. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. 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 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and 101 Resolution No.6570 Planning Commission Conditions of Approval Page 4 of 32 Case 5,1376 PD-379 ZC/TTM 36914&3.3676 MAJ May 25.2016 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. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian traits (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. CC&R's 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 for approval in a format to be approved by the City Attorney. These CC&R's may 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 ADM 13. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CUR package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may 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, 102 Resolution No.6570 Planning Commission Conditions or Approval Page 5 of 32 Case 5.1378 PD-379 ZC 1 TTM 36914&3.3876 MAJ May 25.2016 ADM 14. CC&R's Deposits & Fees. 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 $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 15. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 16. Community Facilities District. 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; and Prior to recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer shall 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. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the 103 Resolution No.6570 Planning Commisslon Conditions of Approval Page 6 of 32 Case 5.1376 PD-379 ZC!TTM 36914&3.3676 MAJ May 25,2016 action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows: AiR QUALITY.• Mitigation Measures /it(b): The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging: 1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time to no more than 5 minutes. 2. The grading contractor shall certify in writing that all construction equipment is properly serviced and maintained in good operating conditions. Certification shall be provided to City Engineer for review and approval. 3. Diesel-powered construction equipment shall utilize aqueous diesel fuels, and be equipped with diesel oxidation catalysts. 4. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City Engineer. Said plan shall include but not be limited to the following best management practices: 5. Chemically treat soil where activity will cease for at least four consecutive days; 6. All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; 7. Water site and equipment morning and evening and during all earth-moving operations; 8. Operate street-sweepers on paved roads adjacent to site; 9. Establish and strictly enforce limits of grading for each phase of development; and/or 10.Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development. 104 Resolution No.6570 Planning Commission Conditions of Approval Page 7 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 11. Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. 12.Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard(space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. 13.Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. 14.Construction equipment and materials shall be sited as far away from residential and park uses as practicable. 15. The following Best Control Measures (BCM) shall be utilized by the contractor, as required, to limit impacts to air quality: 1. BCM-1: Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, and track-out control. 2. BCM-2: Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, and revegetation. 3. BCM-3: Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, and revegetation. 4. BCM-4: Paved Road Dust: Minimal track-out, stabilization of unpaved road shoulders, and clean streets maintenance. 16.Existing power sources should be utilized where feasible via temporary power poles to avoid on-site power generation. 17.Imported fill and paving materials, as well as any exported material, shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 18.Each portion of the project to be graded shall be pre-watered prior to the onset of excavation, grading or other dust-generating activities. 19.On-going watering soil stabilization of disturbed soils, especially in the staging area, shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 20.SCAQMD Rule 403 shall be adhered to, ensuring the clean-up of construction-related dirt on approach routes to and from the site. 21.All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 22.SCAQMD Rule 1113 shall be adhered to, ensure low VOC paints/architectural coatings are used on all surfaces. Monitoring Ill(b): A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. 105 Resolution No.6570 Planning Commission Condilions of Approval Page 8 of 32 Case 6.1378 PD-379 ZC 1 TT'M 36914&3.3876 MAJ May 25,2016 Implementation of these mitigation measures will ensure that impacts associated with PM,a are mitigated to a less than significant level. Responsible Parties: City Engineer, General Contractor B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan. Responsible Parties: City Engineer staff or designee BIOLOGICAL: MM IV.1 Any ground disturbing activity proposed for the period from February 1 to August 31 shall be preceded by a nesting bird survey performed by a qualified biologist. The biologist shall perform the survey within 30 days of the initiation of activities, and provide mitigation measures should nesting birds be identified. A report of findings shall be provided to the City prior to the initiation of ground disturbing activities.. CULTURAL RESOURCES: MM V-1 The applicant/developer shall provide evidence to the City of Palm Springs Planning Department that a certified archaeologist has been contracted to implement a Cultural Resource Impact Mitigation Plan (CRMMP) to mitigate potential impacts to 33-91961CA-RIV-45 and undiscovered buried archaeological resources associated with this project. The CRMMP shall be completed to the satisfaction of the Ague Caliente THPO. The CRMMP shall include, but shall not be limited to, the following guidelines: (1) Prior to grading, the entire project area including site 33-91961CA-RIV- 45, shall be systematically graded in a controlled manner. If buried features are discovered these will be assessed for significance and considered for inclusion on the Tahquitz Canyon National Register Site 33-9196. The Project Archaeologist, in consultation with the City Planning Department and Ague Caltente THPO, shall determine the significance of the discovered resources. (2) The applicant/developer shall contract with the Ague Caliente THPO for the grading monitoring program. (3) The project archaeologist/Histodan and THPO shall attend the pre- grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. (4) The project archaeologist shall monitor all areas identified for development including off-site improvements. 106 Resolution No.6570 Planning Commission Conditions of Approval Page 9 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 (5) Prior to grading the applicant/developer is responsible for the completion of analysis, reporting and curation of previously incomplete archaeological work started by ASM Affiliates. (6) Prior to grading the applicant(developer's archaeologist must submit a plan for inadvertent discover of human remains. (7) Prior to grading the City, applicant/developer and the THPO must agree upon potential preservation area(s) for reburial of human remains. (8)An adequate number of monitors (archaeological/historical/Native American) shall be present to ensure that all earth moving activities are observed and shall be on-site during all grading activities for areas to be monitored. (9) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and Native American monitor(s) shall be onsite as determined by the THPO and project archaeologist. Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The frequency and location of inspections will be determined in consultation with the project archaeologist, the THPO and City. (10)lsolates and clearly non-significant deposits shall be minimally documented in the field and the monitored grading can proceed. (11)In the event that previously unidentified potentially significant cultural resources are discovered, the archaeological monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The project archaeologist shall contact the THPO and the City Planning Department at the time of discovery. The project archaeologist, in consultation with the City and the THPO, shall determine the significance of the discovered resources. The City and the THPO must concur with the evaluation before construction activities will be allowed to resume in the affected area. (12)Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. In consultation with the THPO and the City, the project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis. (13)ln the event that previously unidentified cultural resources are discovered, all cultural material collected during the grading monitoring program shall be processed and curated at facility agreed upon by the City and THPO, that meets federal standards per 36 CFR Part 79. The collections and associated records shall be transferred, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation. Title of the collection will be granted to the Ague Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from 107 Resolullon No.6570 Planning Commission Conditions of Approval Page 10 of 32 Case 5.1378 PD-379 ZC I TTM 36914&3.3876 MAJ May 26,2016 the curation facility identifying that archaeological materials have been received and that all fees have been paid. Upon completion of the implementation phase, a final report shall be submitted describing the plan compliance procedures and site conditions before and after construction. MM V-2 Prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the interior's standards and guidelines) shall be retained by the applicant/developer. The developer shall submit a copy of a signed contract between the project archaeologist and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Archaeological Monitor(s) shall have the authority to temporarily divert, redirect or haft the ground disturbance activities to allow recovery of cultural resources. MM V-3 Prior to the issuance of grading permits, the developer/permit applicant shall enter into a contract with a Tribal monitor(s) from the Agua Caliente Band of CahuNla Indians Tribal Historic Preservation Office (THPO) who, at the tribe's discretion, shall be on-site during ground disturbing activities. The developer shall submit a copy of a signed contract between the THPO and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources. Native American groups shall be given a minimum notice of two weeks that a monitor is required. If a monitor is not available, work may continue without the monitor. The project archaeologist shall include in the Phase 1V Archaeological Monitoring report any concerns or comments that the monitor has regarding the project and shall include as an appendix any written correspondence or reports prepared by the Native American monitor. a) Native American monitoring does not replace any Archaeological monitoring required by an approved Archaeologist, but rather serves as a supplement for coordination and advisory purposes for the Tribes' interests only. b) The developeNpermit applicant shall not be required to further pursue any agreement for Native American monitoring of this project if after 60 days from the initial attempt to secure an agreement the developer/permit applicant, through demonstrable good faith effort, has been unable to secure said agreement from the Tribe. A good faith effort shall consist of no less than 3 written attempts from the developer/permit applicant to the tribe to secure the required special interest monitoring agreement and appropriate e-mail and telephone contact attempts. Documentation of the effort made to secure the 108 Resolution No.6570 Planning Commission Conditions of Approval Page 11 of 32 Case 5,1378 PD-379 ZC!TTM 36914 8 3.3876 MAJ May 25,2016 agreement shall be submitted to the Planning Department for review and consideration. c) Should repatriation of collected cultural items be preferred, it shall not occur until after the Phase iV monitoring report has been submitted to the Planning Department. Should curation be preferred, the developedpermit applicant is responsible for all costs and the repository and curation method shall be described in the Phase iV monitoring report. MM V-4 Prior to brush clearing and/or earth moving activities, a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. A sign- in sheet signed by all attendees of the aforementioned training shall be included in the Phase IV Monitoring Report. MM V-5 Prior To Grading Certification: The developer shall submit the archaeologist's final report, including one (1) wet-signed paper copy and (i) CD of a Phase 1V Cultural Resources Monitoring Report that complies with the requirements for such reports for all ground disturbing activities associated with this grading permit. The report shall follow the Archaeological Resources Management Report format. The Planning Department and THPO shall review the report to determine adequate compliance with the approved conditions of approval. Upon determining the report is adequate, the Planning Department shall clear this condition. MM V-6 Prior To Grading Certification, the developer/ applicant shall provide evidence to the satisfaction of the Planning Department and THPO that all archaeological materials recovered during archaeological investigations have or will be curated at a curation facility, agreed upon between the City and the THPO, that meets federal standards per 36 CFR Part 79. The collection and associated records shall be transferred and are to be accompanied by payment of the fees necessary for permanent curation. Title shall be transferred to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. MM V-7 Removal of Human Remains. Should human remains be uncovered, California law requires that all development activity be suspended, and that the procedures established in Public Resources Code 5097.94 be followed to determine the disposition of the remains. Compliance with the law will reduce potential adverse impacts to less than significant levels. 109 Resolution No.6570 Planning Commission Conditions or Approval Page 12 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 NOISE: MM X11-1 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (7:00 AM and 10:00 PM Monday through Saturday). MMX11-2 Haul routes shall not pass sensitive land uses or residential dwellings and should avoid using alleyways adjacent to said uses. MM Xll-3 The project contractor shall use power construction equipment with state of the art noise shielding and muffling devices. MMX11-4 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. MM Xll-5 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. MMX11-6 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MM X11-7 A six-foot high barrier should be constructed to lower exterior noise levels. Masonry wall and acoustical fencing portions of the proposed barrier should descend all the way to the ground and contain no holes or openings. MM X11-8 The project developer must show evidence that wall assembly construction of rooms being utilized for residential purposes will provide an adequate exterior to interior noise reduction to achieve interior noise levels of no more than 45 dBA CNEL. ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the City for the City's costs incurred in monitoring the developers compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developer's operations and activities for compliance with all applicable mitigation measures. 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. I1Q Resolution No.6570 Planning Commission Conditions of Approval Page 13 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be Included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8,60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances. PLN 3. Palm Tree Reguirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. The existing Robusta / Mexican Fan Palms at the Palm Canyon Drive frontage shall be replaced with California Fan Palms. PLN 4. Sign ADolications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign permit/program to the Department of Planning Services prior to the issuance of building permits. PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 6. Maintenance of Awninas & Projections. All awnings shall be maintained and periodically cleaned. 111 Resolution No.6570 Planning Commission Conditions of Approval Page 14 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 PLN 7. Screen Roof-mounted Equipment: All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. PLN 15. Provide 'smart controllers' for all irrigation systems. PLN 16. Public Benefit. The applicant shall obtain approval from Riverside County Flood Control for improving and landscaping the south side of the adjacent Tahquitz Creek trail in accordance with the Tahquitz Creek Master Plan. Such improvement shall occur prior to issuance of any certificate of occupancies for the project. PLN 17, Pedestrian Connections to Palm Canyon. The applicant shall provide at least two pedestrian connections from the Multi-family portion of the site direct to the sidewalks on Palm Canyon Drive. 112 Resolution No.6570 Planning Commission Conditions of Approval Page 15 of 32 Case 5.1378 PD-379 ZC r TTM 38914 8 3.3876 MAJ May 25,2016 PLN 18. Vehicular Entry Gate(s). In accordance with General Plan Policy CD14.4, the primary vehicular access point from Belardo shall not be gated. The proposed gates shall be removed from the project. PLN 19. Boulder/Rock Crushing. This activity is prohibited on-site. PLN 20. Development Standards. Standards Lot Standards. Min."a Multi-Family(MFR):-85,248 SF Single Family Residential SFR :5,000 SF Min.Width MFR:640ft min. SFR:53ft min. Min.Depth MFR: 130ft. min. SFR: 95ft min. Building Height MFR:24ft. max. SFR: 15ft to 24 ft. max. Dena 6,576 SF of lot area r unit including both MFR and SF;dwellincis Yard Setbacks' _ _..___. Garage MFR:Garages accessed via motor court SFR: 18 ft. min. Front MFR:30ft from Palm Canyon Drive SFR: 10ft from internal street Side MFR: 12ft from North P/L and 3011 from South P/L SFR: 1Oft and Oft for each lot Rear ` MFR:600ft+from Belardo SFR: 5ft from property line at back of house Distance Between Bldgs, MFR: 20ft separation,28-40ft on interior motor court SFR: 1011 separation POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes"of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. 113 Resolution No.6570 Planning Commission Conditions of Approval Page 16 of 32 Case 5.1378 PD-379 ZC I TTM 36914&3.3876 MAJ May 25,2016 ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. SOUTH PALM CANYON DRIVE ENG 1. Dedicate an additional 10 feet to provide the ultimate half street right-of- way width of 50 feet along the entire frontage. ENG 2. Remove the existing curb located 32 feet west of centerline and replace with an 8 inch curb and gutter located 38 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 3. The Main Entrance of the project shall be aligned with main entrance and signal location of the Cameron project (TM 33575). Construct an 8 inch curb and gutter, 38 feet west of centerline, with a 25 feet radius curb (on each side of entrance), spandrel and cross gutter at the main entrance location in accordance with City of Palm Springs Standard Drawing No. 200. ENG 4. Construct two (2) driveway approaches one located near the northeast property line and also at the southeast property line in accordance with City of Palm Springs Standard Drawing No. 201. ENG 5. Construct an 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 6. The existing palm trees located along the South Palm Canyon Drive frontage shall be relocated and transplanted by the applicant in conjunction with the associated street widening; or the applicant may furnish and install new Washingtonia filifera palm trees along the South 114 Resolution No.6570 Planning Commission Conditions of Approval Page 17 of 32 Case 5.1378 PD-379 ZC 7 TTM 36914 8 3.3876 MAJ May 25,2016 Palm Canyon Drive frontage, at equal spacing (Min height of 18' feet with 75% of trunk skinned). The applicant shall be responsible for installation of a new irrigation and electrical system in accordance with City of Palm Springs Standard Drawing No. 904, 1101 and 1102 for the palm trees to the satisfaction of the City Engineer. ENG 7. New or transplanted palm trees shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any palm trees that fail during the one-year landscape maintenance period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent one-year landscape maintenance period. ENG 8. Applicant shall enter into a reimbursement agreement with the developer of TM 33575 for 50% of the costs associated with design and construction of the off-site 14-feet wide raised landscaped median island along the entire frontage of the project. ENG 9. Construct pavement with a minimum pavement section of 5 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 South Palm Canyon Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross- sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 10. All broken or off grade street improvements along the project frontage shall be repaired or replaced. BELARDO ROAD ENG 11. Remove portions of existing curb, gutter and sidewalk to construct a 25 feet radius curb return, spandrel on both sides of the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 200 and 206, ENG 12. Construct a 6 feet wide cross gutter at the intersection of Belardo Road and "A" Street with a flow line parallel with and located 20 feet east the centerline of Belardo Road in accordance with City of Palm Springs Standard Drawing No. 200. 115 Resolution No.6570 Planning Commission Conditions or Approval Page 18 or 32 Case 5.1378 PD-379 ZC 7 TTM 36914&3.3876 MAJ May 25.2016 ENG 13. Construct Type A curb ramps meeting current Califomia State Accessibility standards on both sides of the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 212. ENG 14, Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 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 in the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 15. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 16. For on-site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. ENG 17. The minimum pavement section for all on-site pavement drive aisles, parking spaces and private streets shall be 2-1/2 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 Califomia registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 18. All on-site private streets shall be two-way with a minimum 29 feet wide travel way (as measured from top of curb) where no on-street parking is proposed. ENG 19. All on-site private streets shall be two-way with a minimum 37 feet wide travel way (as measured from top of curb) where on-street parallel parking is proposed. ENG 20. On-site drive aisles or parking lot shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface 116 Resolution No.6570 Planning Commission Conditions of Approval Page 19 of 32 Case 5.1378 PD-379 ZC!TTM 36914&3.3876 MAJ May 25,2016 drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards SANITARY SEWER ENG 21. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 22. 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 any building permits. ENG 23. Construct an 8 inch V.C.P. sewer main along all on-site street frontages located 5 feet from centerline or as required by the City Engineer and connect to the existing public sewer system in South Palm Canyon Drive. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 24. Remove and relocate the existing sewer main from easement along the frontage of subject property to South Palm Canyon Drive right-of-way as required by the City Engineer. When the relocation of sewer main has been completed and accepted by the City of Palm Springs, a summary vacation of the sewer easement will be required. ENG 25. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 26. Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING ENG 27. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. 117 Resolution No.6570 Planning Commission Conditions of Approval Page 20 of 32 Case 5.1379 PD-379 ZC t TTM 36914&3.3676 MAJ May 25.2016 a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractors 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 has 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 OPM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study and a copy of the project-specific Final Water Quality Management Plan. ENG 28. Prior to approval of a Grading Plan (or issuance of a Grading Pennit), the applicant shall obtain written approval to proceed with construction from the Ague Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- THPOO.aouacaliente.net 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. ENG 29. In accordance with an approved PIMA 0 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing its Resolution No.6570 Planning Commission Conditions of Approval Page 21 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 shalt be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 30. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 31. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 32. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP)fee has been paid to the Ague Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 33. A Notice of Intent (NOI) to comply with the California General Construction Storm water Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 34. This project requires preparation and implementation of a storm water pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 35. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. 119 Resolution No.6570 Planning Commission Conditions of Approval Page 22 of 32 Case 5.1370 PD-379 ZC/TTM 36914&3.3676 MAJ May 25,2016 ENG 36. 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. ENG 37. The applicant shall provide pad (or finish floor) elevation certifications for all building (or structure) pads in conformance with the approved grading plan (if required), to the Engineering Division prior to construction of any building (or structure)foundation. ENG 38. 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). WATER QUALITY MANAGEMENT PLAN ENG 39. This project shall 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 contaminated storm water and non-storm water runoff, shall 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 contaminated storm water and non-storm water 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. 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 (CCBR's) required for the development (if any). 120 Resolution No.6570 Planning Commission Conditions of Approval Page 23 of 32 Case 5.1378 PO-379 ZC!TTM 36914&3.3076 MAJ May 25,2016 ENG 40. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 41. Prior to Issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 42. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project-Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 43. All storm water runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Storm water runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). ENG 44. All storm water runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as 121 Resolutlon No.6570 Planning Commission Conditions of Approval Page 24 of 32 Case 5.1378 PD-379 ZC/rrM 36914&3.3876 MAJ May 25,2016 part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required. ENG 45. The applicant shall accept and convey all storm water runoff across the property and conduct the runoff to an approved drainage system. On-site retention may be allowed on that portion of the property where historically, storm water runoff is conveyed. The incremental increase of storm water runoff due to development of the property shall be retained on-site to the satisfaction of the City Engineer. ENG 46. Direct release of on-site nuisance water or storm water runoff shall not be permitted to South Palm Canyon Drive. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storm water runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 47. The applicant shall accept and convey all stone water runoff across the property and conduct the runoff to an approved drainage structure. On-site retention may be allowed on that portion of the property where historically, storm water runoff is conveyed. All on-site grade slopes shall not be less than 0.5%. If onsite retention is utilized, retention basin calculations shall be provided to the City Engineer. ENG 48. This project shall 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 contaminated storm water and non-storm water runoff, shall 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 contaminated storm water and non-storm water runoff from the project site, prior to release to the City's municipal separate storm sewer system (WS4"), to the satisfaction of the City Engineer and the RWQCB. 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. ENG 49. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7271.00 per acre in 122 Resolution No.6570 Planning Comndsslon Conditions of Approval Page 25 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3,3876 MAJ May 25,2016 accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 50, Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. ENG 51. Construct storm drain improvements based upon the approved preliminary Hydrology Study for TM 36914. ENG 52. All on-site storm drain systems 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. ENG 53. The proposed underground retention system(s) shall be installed on-site and not within the public right-of-way. The underground storm water retention system shall be sized to have a sufficient capacity equal to the volume of increased storm water runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the storm water runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground storm water retention system(s) shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. GENERAL ENG 54. 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, Mission Springs Water District, etc.). Multiple excavations, trenches, and other 123 Resolution No.6570 Planning Commission Conditions of Approval Page 26 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 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. ENG 55. 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 or the Tribal Archaeologist at (760) 699-6800, 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. ENG 56. All proposed utility lines shall be installed underground. ENG 57. 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 running along the westerly property line meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. 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. 124 Resolution No.6570 Planning Commission Conditions of Approval Page 27 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 ENG 58, All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 59. Upon approval of any improvement plan (if required) 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 by the City Engineer. ENG 60. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 61. 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. ENG 62. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 63. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee $7,500 and shall be made at the time of the application. ENG 64. 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. 125 Resolution No.6570 Planning Commission Conditions of Approval Page 28 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2015 ENG 65. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map by the City Council, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 66. 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, 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. ENG 67. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. TRAFFIC ENG 68. As determined by the Traffic Scoping Study submitted by George Dunn Engineering, dated December 23, 2015, the following mitigation measure(s)will be required: a. Pay a fair share contribution determined as 50% for the future installation of a traffic signal at the Intersection of South Palm Canyon Drive and Main Entrance of TM 33575 "Cameron Project" and Main Entrance of TM 34190. Applicant shall enter into a reimbursement agreement with the developer of TM 33575 for the Costs associated with design and construction of the Traffic signal improvements. ENG 69. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. 126 Resolution No.6570 Planning Commission Conditions of Approval Page 29 of 32 Case 5,1378 PD-379 2C/TTM 36914&3.3876 MAJ May 25.2016 Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by (either an additional dedication of a sidewalk easement if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Belardo Road and South Palm Canyon frontages of the subject property. ENG 70. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 71. The applicant shall install a Type R6-1 "One Way' sign within the South Palm Canyon Median, opposite the driveways located near the north and south property lines along south palm canyon drive, as required by the City Engineer. ENG 72. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Belardo Road and "A" Street and South Palm Canyon Drive and proposed driveway entrances located at the north and south ends of the proposed parking lot with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 73. Install a street name sign at the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 74. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 75. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. 127 i Resolution No.6570 Planning Commission Conditions of Approval Page 30 of 32 Case 5,1378 PD-379 ZC/T I M 36914&3.3876 MAJ May 25,2016 FID 1 These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans received and dated April 25, 2016. Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3 PLANS AND PERMITS (CFC 105.1): Permits and scaled drawings are required for this Droiect. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 5:00 AM—6:00 PM, Monday—Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals (four sets). All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the Imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. 128 Resolution No.6570 Planning Commission Conditions of Approval Page 31 of 32 Case 5.1378 PO-379 ZC/TTM 36914&3.3876 MAJ May 25.2016 FID 5 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 6 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchT". or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non- automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of Y< inch). Approved security gates shall be a minimum of 14 feet In unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. FID 7 Key Box Required (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for fife-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. FID 8 Operational Fire Hydrants) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings 129 Resolution No.6570 Planning Commission Conditions of Approval Page 32 of 32 Case 5.1378 PD-379 ZC/TTM 36914&3.3876 MAJ May 25,2016 FID 9 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and Installation. System to be designed and installed in accordance with NFPA standard 13R, 2013 Edition, as modified by local ordinance. • NFPA 13R system required for condominiums • Shall comply with Palm Springs Fire Code Appendix L FID 10 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2013 Edition, as modified by local ordinance. NFPA 13D system required for single family dwellings Shall comply with Palm Springs Fire Code Appendix L FID 11 Single- and Multiple-Station Smoke Alarms (CFC 907.2.11): Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.4 and NFPA 72. • Exception: For Group R occupancies. A fire alarm system with smoke detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. FID 12 Audible Residential Water Flow Alarms - NFPA 13D & 13R Fire Sprinklers & Household Fire Alarm System (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe with WBB back box or equal) shall be provided on the exterior of the building in an approved location. It shall be powered by the household fire alarm system. The hom/strobe shall be outdoor rated. END OF CONDITIONS 130 Attachment 7 131 Tahqui¢ CreekTrail Mssrer Plan Existing Cross Sections Sections showing existing site conditions from west to east are below. Spillway to S. Palm Canyon Drive 15' 15' ACCESS ACCESS PATH PATH 3•� 1 3;1 10' T 10' 35' 30' 60' 30' 45' 200' ROW • RCFCO ROW at spillway structure extends to 760'width max. 8'concrete apron extends 540'west of S. Palm Canyon Road. 9.22%grade on access ramp(180 LF) • 15'wide access path on north side between top of ramp and spillway On the north side looking east towards the S.Palm Canyon On the south side looking west towards the spillway Road bridge 132 26 J.blfU.ti ,.... . .. yt.titiY DUNF.Sao G r _ - - - - - -- - - - Z ---- - . . . . . .. . . . ) a _ SAL �. NRIV .,I - �xs 14 A A� `. 'H 'AT �- u HI+ Cl1L 1 N l Al MESIQUITFIAVE m�.rer,aa j Legend ® Tm. O i• ` e '4.�.J nv�eruwo: �•VM1��FrR0.W eP�etrr.e pY�e CIW M.BYe IYo .� •. �• �CWeYI.WYlflW10 . �. - -. � FeCI Lr w W TahquitzAlignmentAlternatives O SUNNY DUNES RD 0 U v N RIVERSIDE DR O � CC ft� III <= MESQUITE AVE a _EahAla E.S_ O v a: 4�alta Legend w T n< ron MIfU e maM TnI q"gnmeMOPl. M h4Vu h T IIC bon fgcesmMen 0 100 R00 A00 > s' i211 Al::n tOvtlonO Egnesman .. ,. ilvl. nt h*a i•.mm Traltign.optl.C ..ft. sn • •� Trel<anrcalon MUM Uu Fe& f� • Preferred Alignment • • to S. Palm Canyon CROSSING I 1- >.XP DUNES RD aPROvrAAFFE(5. - SECK TRAILIEAD OPPORTUNI➢ES IIIIN ONVACANT PARCEIS.CDNSULT I. u I INIIY _ PRIVATELANDOWNERS l NE AHFA k • r � c 'Y Wl -_ 0 � tfIDNUINATF FkPANCFD `INLIVALKWITH BRIDGE I INTERPREWE Y 141PROVEMENTS ]n.� MIEORMATION f511f Ii-'1 HII A • I ,o Nfin 1.::1 J %� II MAINTAIN I EQUESTRIAN TRAIL ACCESS • •� . • A---�— ROAD/LRAIL bc[I:SPOIMS.NUH IL USERS GII J -- ���-� p H I _ - s'a NVDInI( SIGNS ` •' AUZEINII ' vL H - IIPI I (� !'V)E BICYCLE/� �N I -RIA PAT H TH IT AI�:JwN ROAD now alta M. Legend e �.w. . w GnYon RlParian • Cx uouHE—: C ve9^:atior o W In "a N �I l�.pi Aa{un owq YT®'" �lvlJi' FeN n 0 n m v CJ ' r—n O m 00 0 Conceptual Design would have a greater life span than the first option, initially it would be significantly more expensive. This approach was not preferred by the community. An Engineering Report detailing the ideas suggested above, along with cost implications and feedback from RCFCD,are included within Appendix B. Trail Access Existing parcels of vacant land should be considered for trail access opportunities. Between the Creek and Mesquite Avenue,the right-of-way of Belardo Road is wider than necessary(75-80')for the planned vehicle travel. This additional width is sufficient to allow for one lane of parallel vehicle parking,trail signs and a multi-use path, in addition to the planned two vehicle travel lanes. While 5'wide sidewalks are currently proposed on each side of Belardo Road,a 10'wide pathway(on the east side)should be provided for bicycle and pedestrian access to the trail system. Vacant lands north of the Creek between Belardo and S. Palm Canyon Roads, may also be considered as a location for a trail access point. Individual landowners should be approached to determine if there are opportunities for trailhead development. A trailhead with vehicle parking spaces would relieve parking pressure on neighborhood roads. A formal trailhead should include a monument sign identifying the trail access point. A kiosk with trail rules and regulations as well as way-finding information should also be included at any developed trailhead. Trailhead signs typically include the following information: hours of operation, allowed and permitted uses, proper trail etiquette, and emergency contact information. n _ !++ SUNNY DUNES ROAD I —_.-corvNFimN5i0 ' c_,:.-.AMBNrIEQR_ — II MONiH.ExE SMN REURDO ROAD E]YFICIEsti Nn WAY-_-U SIGN 1RE6LLA➢ONS AREAARVt c t. -Ku,- 1 GRAM070 O1 UtII VII M - MIILX BWDGE AVIFRWOON NNIXRPASSfS INfg11Mf10N o 1 CONNECTIONS TO Potential Conceptual Sunny Dunes Trailhead (Currently not a part and under private ownership) A second trailhead should be considered in the eastern portion of the study area. Currently,a parcel of vacant land is found east of Sunrise Way, north of the creek. This parcel is allotted to an individual tribal member, leased to a private golf course, and has easement rights held by RCFCD. RCFCD currently utilizes the area for staging maintenance vehicles. Both 136 57 t..oalcepnizl Design Seating Nodes Opportunities for intimate seating areas are found throughout the corridor. Due to concerns expressed for neighbor privacy,seating nodes should be strategically placed near currently undeveloped parcels, public or quasi-public lands. Seating areas should be small in size,accommodating no more than four people at a time. Seating nodes should offer shade and a place to rest. Site furnishings should be composed of natural materials including stone benches and boulders. \ g. Intimate seating areas utilizing local materials. Interpretive Opportunities Members of the public have suggested that the pedestrian The Cahuilla bridge at Camino Real is an appropriate location for More than 2000 years ago, the original inhabitants of interpretive information. Many school children use the Palm Springs area were the Cahuilla Indians. Cahuilla this route each day making an educational component villages were concentrated along the shores of ancient appropriate. Lake Cahuilla, a freshwater lake formed by alterations in the course of the Colorado River. Prior to historic contact; Interpretive elements may also be placed near each of the the Cahuilla were primarily hunters and gatherers of wild trailheads. Themes to be addressed include the history of Plant foods and lived in permanent villages, linked by social Palm Springs and its inhabitants;the local flora and fauna and economic ties. The drying of take Cahuilla led to the including habitat zones;flood control and the history of gradual dispersal of villages to the canyons and alluvial the creek channel. fans in the mountains near permanent water sources. Complex communities were developed in Palm, Murray, Interpretive signs should use similar materials,forms and Andreas, Tahquitz, and Chino Canyons where the Agua colors as other sign elements found throughout the trail in Caliente managed hundreds of plant resources. The Aguo order to provide a unified trail experience. Caliente also fashioned a network of trailways connecting them with other cultures in southern California. City of Palm Springs 2007 General Plan Plant Materials A planting scheme for the Tahquitz Creek Trail should celebrate the unique natural beauty of the local environment. Rivers and creeks extend through the desert bringing higher elevation species into the low lands. The planting plan should emphasize this natural pattern as well as the creeks connection to Tahquitz Canyon by incorporating indigenous canyon and riparian plant materials. 137 61 Ijnquitr CreelcFall MIister Plan A gradient showcasing the different ecological habitats of the area should extend from the western portion of the trail to the east. The western zone should consist of canyon species. Plants indigenous to the local desert canyons are accustomed to having a reliable water source and thus would require a regular watering program. The second zone should be composed of plants naturally found in close proximity to xeri-riparian or local desert streams. Species in this zone would include deciduous trees that provide shade during the summer months, while allowing the sun to penetrate throughout the Tahquitz Creek Trail -Suggested Plant Palette Common Name Scientific Name Water Notes Trees California sycamore Plotanus racemosa moderate Important wildlife plant California fan palm Woshingtoniafilifero 2x/mo. naturally occurs in clusters at oases Fremont cottonwood Populus fremontii constant Not an and plant,requires irrigation Shrubs Parry's beargrass Nohno porryi 1-2x/mo. stabilizes slopes Deergrass Muhlenbergia rigens lx/mo. used to make baskets Indigo Psorothamnus schottii lx/mo. blue blossoms DESERT RIPARIAN Trees Desert willow Chilopsis Imeoris drought tolerant long-lasting bloom time Narrow-leaved willow Solix exigua drought resistant winter deciduous Shrubs Arrowweed Plucheo sericeo natural rainfall traditional medicinal Jojoba Simmondsia chinensis natural rainfall provides good visual screen White sage Salvia apiano natural rainfall white blossoms • Trees Mesquite Prosopis spp. drought tolerant provides filtered shade Cat claw acacia Acacia greggii natural rainfall small tree,multi-stemmed Palo verde Cercidium floridum drought tolerant provides filtered shade Shrubs California barrel Ferocactus cylindraceus drought tolerant accent plant Brittlebush Encelia farmoso drought resistant rapid growth,yellow flower Creosote Larrea tridentata natural rainfall minimal maintenance Shrubs Chuparosa lusticia californico drought tolerant found naturally in sandy washes Smoke bush Psorothamnus spinosus drought resistant naturally occurring in desert washes Note:Although a plant may be listed as drought tolerant or resistant,all plant materials require water during establishment(typically the first two years)as well as during periods of prolonged drought in order to maintain good health and visual appearance. 138 62 Attachment 8 139 leg WOODBRIDGE PACIFIC GROUP June 22,2016 City of Palm Springs City Council 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 To: Honorable Mayor Robert Moon Mayor Pro Tern Chris Mills Councilmember Ginny Float Councilmember Geoff Kors Councilmember.l. R.Roberts Re: Tract 36914 Located at 777 South Palm Canyon(former Rock Garden Restaurant Site) 57 Single Family Homes and 25 Multifamily Homes Members of the City Council Woodbridge Pacific Group has been processing the application for Tract 36914 for over a year and are pleased to bring this project before you on July 6, 2016 for your approval. We have been before the Architectural Advisory Committee on four different occasions and the Planning Commission on three occasions resulting in a thorough vetting of the project design(both from a planning perspective as well as architecture). We at WPG are very excited to bring this project to the market to create a quality development in an area of downtown Palm Springsthat has heretofore experienced various unsuccessful land uses (Magruder car dealership, Rock Garden restaurant, planned Wyndham hotel and the old Woolworths retail center). We believe our development along with the Cameron development will enhance greatly the area along South Palm Canyon extending from the Tahquitz Channel south to Mesquite Avenue. I have attached the site plan for the project depicting the 57 single family homes on 5,300 sf lots with access from Belardo Road and the 25"for sale' condominium units fronting South Palm Canyon Drive (see attached condominium building elevation). Along with the 57 single family homes the initial planning also included a mixed use element(live/work units and/or podium commercial with residential above)fronting South Palm Canyon Drive. However, due to the speed limit along South Palm Canyon Drive,the curve in the road, no parking on South Palm Canyon Drive,other parking concerns, an already over served retail element in the city and direct interviews with various retail brokers/developers in the City, it was determined that the mixed use element be eliminated(as has been recommended by the Planning Commission). In its place we have developed a medium density"for sale' residential concept that provides for(1)a generous setback from South Palm Canyon Drive, (2) heavy landscaping to soften and aesthetically enhance the frontage, (3) incorporates varied building "planes' creating a nonlinear street scene along South Palm Canyon, (4) provides building separations that allow for view corridors from South Palm Canyon to the mountains to the west, (5) a "landing area" adjacent to the northerly most multifamily building at the Tahquitz Regional Trail and (6)architecture that is consistent with Palm Springs' heritage of mid-century/ modern designs. 140 Planned Development As part of the planning process the project is being developed as a "Planned Development". The reasons are two-fold. First,the zoning along South Palm Canyon is for commercial development which has been determined to be un-feasible as outlined above. Second,the General Plan designation for the balance of the property is for a much higher density (up to 180 units)and does not allow for single family homes. So as we progressed with the planning of the project using a much lower density of+/ 82 homes it was determined that the project be processed as a "Planned Development". As part of that "Planned Development"process we as the developer are to provide the City with a "Public Benefit"and as such we have included in the plan (1)enhanced community circulation with the landscaping and development of the Tahquitz Regional trail bordering the north boundary of the project,(2)provided a 12'wide public open space buffer fronting the Tahquitz regional Trail to further enhance the trail experience,(3)agreed to fund the future trail extension under the new South Palm Canyon bridge(the "to be" widened bridge over the channel), (4) provided an open space area or"waypoint landing area" open to the public but maintained by our HOA at the northeast corner of the project(see image below), (5)provides community beautification through extensive landscaping along South Palm Canyon and Belardo,(6)provides for community beautification by under grounding the power lines along Belardo and(7) provides for blight removal and removal of transient camps and drug related issues associated with the property in its current state. Additional Planning Commission Conditions The Planning Commission approved the project as a Planned Development however added additional conditions to those recommended by the city staff. We agree to PCC conditions 2, 3,4,5,6, 7 and 9 (50/50 mix of single level homes on Belardo and the trail, no rentals for less than 30 day stays,AAC review of Tahquitz Trail wall design,removal of a lot for additional open space, privacy and orientation design considerations of second floor space, shared use easement instead of zero lot line, trail improvement and cash bond for trail under crossing). However we do not agree with PCC Conditions 1,8 and 10 as follows: PCC condition 1-No Rock Crushing We do not agree to the Planning Commission's recommendation to not allow rock crushing onsite. We really believe this is a mistake that will cause an extended time frame for the grading of the site and impact traffic within the city. The CEQA review allows for crushing but the PC opined otherwise. I have attached a memorandum outlining the ramifications of crushing versus not crushing that makes a compelling argument for rock crushing as an alternative to thousands of truck hauling trips. PCC Condition 8-Removal of Lot 37 and one condominium Building in Favor of a Park We do not agree to the Planning Commission's recommendation that we remove one single family lot (lot 37)and one condominium building(5 condominium units)in favor of a park. The park would front on Palm Canyon in the general location of the old Rock Garden restaurant and to be maintained/owned by our HOA but be used by the general public. This makes no sense to us having a private park with public access in a location on a busy street where no one would rationally locate such a park. 141 PCC Condition 8(continued) The location is adjacent to the Tahquitz wash and the underpass under South Palm Canyon which is a perfect place for drug dealers,etc. as has been the case when the Rock Garden restaurant building was still there. The City went to great lengths to force the land owner to eliminate that gathering place by demolishing the restaurant and the PC has now conditioned the project to build a new such gathering place which will be a terrible nuisance to our future homeowners and one that will be impossible for the HOA to police. There was testimony during the PC meeting from a homeowner in the Canyons project on Belardo during which she stated her community must clean up syringes and other paraphernalia from around the perimeter of their neighborhood on a weekly basis. We will be discussing with the Police Chief as to his recommendation for such a public gathering area in that location on private property (HOA land). Alternatively we have expanded the area between the trail and the northern most condominium building by altering the building to provide a larger"landing area"where the trail intersects South Palm Canyon (see attachment hereto). Our revised site plan, TTM and conceptual landscape plan all reflect this change. We have no problem with establishing this"waypoint" along the future trail but I do not want to establish an area for people to sleep,erect tents, etc.on HOA property. PCC Condition 10•Removal of the Gated Entry at Belardo The Planning Commission recommended that the project not be gated. For many of the same reasons outlined above,a project in this location should absolutely be gated. There are elements in that part of town that pose a threat to residents and businesses in the area and are a major deterrent to living in the area without the deterrence provided by a gated neighborhood. From day one we have shown gates on the project. Attached is a map showing surrounding land uses with gates, both residential and commercial/office buildings.There is a reason why these adjacent properties up and down Belardo have gates for security. Conclusion We respectfully request approval of the project per the Planning Commission resolution with the exception of PCC conditions 1,8 and 10 and look forward to presenting the project to the City Council on July 6,2016. Respectfully V4� Todd Cunningham President Woodbridge Pacific Group 142 Site Plan jo, . roa: E 7'77 SOUTH PALM CANYON DRIVE , "`•' v ALM 5PR-N66 CA - .. a•n......... *✓9 � N�r- J. t , r , Condominium Building Elevation at Northeast Corner of Project (on South Palm Canyon) 143 Waypoint Open Space Design at Trailhead of Tahquitz Trail and South Palm Canyon Drive is Q , 36 37 TTT Gate f Y • Properties Bel • • Road S•,. 'f .t} { !ram 144 YI6 ••p F � a 1 wr 7}rt{,y a l r k ' �� /1 a ♦JC Rock Crushing Memorandum _ WP9 WOODBRIDGE PACIFIC GROUP To: David Newell From: Steve Zabala Re: Per your request regarding the rocks at Palm Canyon. Using SKYE as a measuring stick related to exporting rock. SKYE as a Measuring Stick Palm Canyon site is 12.4 acres/Skye is 19.8 acres Skye had a 70%to 90%shrinkage during grading due to the export of rock. I have completed grading approximately 50%of the site at SKYE that has taken almost 8 months. To date I have made a little over 4,800 truck trips to rock yards all the way to Indio. This does not include importing of fill materials.To date we have imported approx. 30,000 cubic yards of fill material which equates to approximately 2,000 trips(one way)in order to replace the rocks exported from the site. Some of the fill import trips were part of the exporting of rock that went out then came back with fill material. I estimate at least half came back with material. Taking my cues from above,the following are my estimates for the Palm Canyon project: • PALM CANYON-NO CRUSHING: ESTIMATE 8,400 truck-loads lasting 8+months to rough grade completion(shrinkage is expected to be same as SKYE 70%to 90%shrinkage with minimal fines on site). 0 6800 truck trips to haul away boulders and cobbles. o Approx.45,000 cubic yards of import will be required. This would equate to approximately 3,200 trips.We may be able to combine with exporting efforts but not always available when taking rocks out. o The yard that would accept our rocks is in Indio(Granite).Almost a 3 hour round trip effort which means at least 80 to 100 trips a day.All other disposal sites have a size requirement of 24" minus and pay an extra fee or$100 per truck. 145 • PALM CANYON-CRUSHING:ESTIMATE only 500 truck-loads(versus 9,400 truckloads) required to export excess material if we are not able to use all crushed material on site and minimal imported fill dirt if any as required(approximately 3—4 months for grading operation versus 8+ months without crushing). o We won't need to crush every day.And maybe not all day when we do.4 to 6 hours per day. o We can place the crushing unit on site at a distance from all surrounding residences that will exceed required mitigated distances(in excess of 900'from residences). o Oust will not be a problem as a water truck is always on site plus the new crushing units have a water bar at key locations as it fills the unit with rocks. c The noise level will not cause adverse impact to the area as the new units are designed to quieter than older units and will be below ground level("sunk" in the ground). o An on-site demonstration may be available or videos can be shared. o We should be able to crush everything we need down to a workable 3"or smaller size. The crushed material will work as fill for streets,house pads,etc.thereby severely reducing or eliminating the need for export of rock. o I estimate that 90%of the truck loads for rock export would be eliminated. I would say 100%but we may have more material than what we need after crushing. Meaning after crushing what we need for streets and pads,we may have excess. o The same with importing of fill material.The importing of fines(fill material)would significantly be reduced from 0 to 5,000 cubic yards for fill material if crushing were used as outlined above which would reduce Steven M.Zabala Project Manager I Woodbridge Pacific Group COACHELLA VALLEY DESERT CITIES Office:949-348-8162/Cell 949-689-4388 Email:szabala@woodbridgepacific.com 146 WOODSRIDGE PACIFIC GROUP Date: 5-17-2016 Current property use: Cl and R3 Application/Case 4 South Palm Canyon Redevelopment City Of Palm Springs Project area Justification Letter. TTM 36914 8811. Private Households; Mixed Use- Professional Palm Ridge Housing LLC and its affiliate Woodbridge Pacific Group are submitting for TTM and POD reviews. PROPERTY DESCRIPTION: Palm Desert Housing LLC 12.38 acres is currently a combination of mostly undeveloped land,with a portion be*a vacant restaurant and 'paved 'parking area. Both of which have been demolished down to concrete slabs. The project will be subdivided into 57 residential lots (5,362 ave, sf lots), 25 Condominiums(2,000 average sf units). Private streets and a retention basin at the SW comer of project. The project is bordered on the north by Tahquitz Creek,on the east by South Palm Canyon,on the south by a vacant car dealership and vacant land and on the west by South Belardo Road 57 SINGLE FAMILY 53' x 95' average lot sizes Average lot size 5362 sf Plan 1 -2,063 sf Plan 2-First Flr-2,004 sf Second Flr-461 sf Total: 2,465 sf Plan 3 - First Fir-2,011 sf Second Flr-374 sf Total: 2,385 sf 25 CONDOMINIUMS(2 story) Plan 1 - 1650 sf Plan 2 - 2,000 sf Plan 3 -2,200 sf 27285 Las Ramblas, Suite 230. ?Mission Viejo, CA 92691 (949) 348-8162 147 PUBLIC BENEFIT: • "Lush" landscaping along the frontage of South Palm Canyon. Pedestrian sensitive walkways. Beautify the existing hiking/biking trails along the northerly boundary adjacent the 1'aquitz Creek Channel with lush landscape and wider trail pathway. • Remove and delete the use of the site as home base for the homeless and melting pot for illegal_drug transactions., . • Private Hated entry from Belardo as main entrance to the mixed use subdivision. An"emergency only" gate at South Last comer of the site onto South Palm Canyon is also planned and in site design. Developer/ Builder for the above. Steven 7.abai jest Manager 27285 Las Ramblas, Suite 230, Mission Viejo, CA 92691 (949) 148-8162 148 Q8 Architectural Advisory Committee City of Palm Springs 217 E. Mesquite Avenue Palm Springs CA 92264 August 8th 2015 Case 5.1378 PD-379/ZC 13.3876 MAI/TTM 36914 Dear AAC Members, I am a resident living near this proposed development and have been following the issues related to this site over the past few months.I have reviewed the proposal and the staff report and would like to make the following comments,which I would respectfully ask that you consider. 1 support all of the recommendations made by the City's staff in their report to you. However,apart from the detailed issues raised by staff,I feel that there is a need foryou to consider the"bigger picture"as well.That comes in the form of the relationship of the proposed development to its surroundings,particularly the adjacent derelict car dealership j which is blighting the neighborhood as A has become a hot-spot for vagrants who gather there.This is reflected In the way the building of the former Rock Garden restaurant,now owned by the developers of this application,are referred to by them in their letter dated 7- 28-2015 copied in the staff report-as a center for illegal and anti-social activity. The derelict car dealership has stood vacant now for eight years.It is an unsecured building that has been described in recent months by both the Mayor,City Council members and the City Manager as"a blight"on the neighborhood. Police reports regarding this building state that there is evidence of fires having been set there and my own observations as well as those of other people living around it is that it has become a base for the same kinds of criminal vagrants who have occupied the nearby Rock Garden building, now owned by the developers submitting this proposal.Local residents are afraid to walk near the Magruder property at night due to fear of being accosted by people who appear to be intimidating, mentally unstable or both. In addition to evidence of bike theft and drug dealing occurring in the vicinity,discarded hypodermic needles have been reported to have been found in the bushes around the nearby Fey Realty building,at the top of W.West Mesquite Avenue adjacent the Parkview Mobile Estates as well as on S. Random Road and in February of this year a woman was murdered on land the developers are now submitting to you for consideration. 1 and other local residents believe that the development of the proposed site along with the demolition of the Rock Garden building will help mitigate such problems and hence in principle support the early development of this site. However,if the derelict Magruder _Z_ /��2 149 building is left in its current state the proposed development will not provide a"desirable environment for its occupants"as many other local residents have stated that had they known the extent of the blight imposed on the area by this derelict building they would not have purchased their homes. The support documents say that the application includes the Magruder site yet the plans don't show this apart from a narrow strip of it on the north side.it is not at all apparent why this strip is shown as such on the plans. 1 hope thatyou will seek clarification of this. With great respect I urge you to please consider this proposed development the wider context of the blight created by the adjacent property in examining the merits of this proposal. Although for me and other neighbors that is the primary concern there are some additional questions we have about this proposal. THE ECONOMIC VIABILITY OF MORE LIVE-WORK UNITS The proposal Includes Live-Work units-essentially businesses with residential space above.Twenty-two such units are being built in the Cameron project on the other side of S. Palm Canyon Drive, (SPCD),and no such unit types have been created on this site in the past.The economic viability of such units is questionable as there are similar unrented properties further south on SPCD.Can the developers be asked to provide an economic feasibility study- (they must surely have done one) - to justify building more commercial units here? HARMONY OF DESIGN ALONG S. PALM CANYON DRIVE The Cameron project includes 25,000 sq ft of retail space and live-work units on the opposite side of the street,fronting SPCD. How that looks should be considered in examining the proposed Frontages to SPCD for the this proposed development,i.e.there should be some degree of harmony between the street facing elements of this development and the Cameron Project. SPEED REDUCTION ALONG S. PALM CANYON DRIVE. Finally,SPCD is to be redesigned with a median strip and traffic lights.However as far as I know there is no proposal to change the speed limit,which for southbound traffic rises from 25mph to 40 mph north of the development.If possible I would urge the AAC to consider engineering/road-design issues and make a proposal regarding reducing the speed limit on S. Palm Canyon Drive to 30mph at least as far south as Mesquite Avenue. Sincerely, Dr.Jonathan Freeman 150 7W3271247 �Q14:34 aa-1M-1a13 172 FEY'S RECEIVED C A N Y O N AUG 18 2015 REA ORS PLANNING SERVICES August-1 8.-2(k13- DEPARTMENT R _. ML5 Q David Newell Planning Dept City of Palm Springs flax 760-322-8360 RE: 'Ihe Palm Canyon case # 5.1378 PD 379 Ikar Mr. Newell AS we discussed on the telephone. I attended the neighborhood meeting regarding the subject project. We arc located just South of the proposed project. Tlx: proposed project violates almost all ofthe standards established for Palm Springs. Specifically: substandard SPR lot site 5.000 sq R versus I0.000 sq it standard excess building coverage 75l!o(per developer) versus 35!) setbacks- Zero lot line on one side and 5 n on the other versus 10tt each side setback from Palm Canyon - three story with no setback from sidewalk Parking - inadequate parking on liyehvork units Inadequate ingress/egress - one practical ingress egress for 60 homes - no stacking on Sale to Palm Canyon ? 0AAerhangs - plans show 2 Ibot overhangs on each home on the neighboring lot. Aestlxticall v no landscaping no green area in the entire project 61 swimming pools'. Neighbors look right into your swimming pool& yard high Wall at the wash! (Looks like a prison) Developer stated this type of project was very acceptable in \4ission Viejo(we are not Mission Viejo) - I hope the quality is better. 1s a developer Alf 1200 homes& condominiums in Palm Springs and an active Realtor. I in, k er} ax%are 01 current trends. People eonx to Palm Springs for open space' and smaller. vacation hontes(smaller square footage not land)! If they warned in I Irban. cramped setting. they could stay in Orange County. I'aul rhonk. an outstanding Orange County architect.did two projects in Palm Spring's during the rood times and both went under. I showed one of the homes to a client who liked in a Paul 7horyk home in Corona Del Nlar(sane flour plan) - he hated it! Because "the way I live in Coruna Del Ibrar is not the way I live in Palm Springs" '1$0t S:,At. P-Ila"r anva•.Jr,ee PO HOx 2649 - Pnlrr,SunrLs CA 9:26. - 1790! 3IS{r105 t i?t7l) 311 1)4' 151 7603271247 20:14:47 U-16-2015 212 A bad project hurts e%cr onc. Hou about two common s«tintming pools in a central landscaped area(open space)and some guest parking?There is a reason that Palm Springs properties sell for more per square foot than Rancho Mirage! Thank t Ro •n Fe. 152 Residential and Commercial Sales Property Management December 4, 2015 Mr. Flinn Fagg Director of Planning Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: 777 S, Palm Canyon Drive — Palm Canyon Project Dear Mr. Fagg: This letter is to confirm that we have reviewed the plans for the Palm Canyon Project at 777 S. Palm Canyon. Based on the options, it is my opinion as an owner and experienced Commercial and Residential broker that the parking for the commercial portion must be in front of the buildings. Even though a traffic light will be installed, the speed limit increases substantially around that corner traveling south after Ramon to 45 mph. Not only will the commercial tenants have a substantial disadvantage by drivers unable to view their signage with no monument sign on the property, there will be critical safety issues and hazards. These issues include but are not limited to: 1) Slowing down to turn into a parking lot that customers believe"may or may not' be behind these buildings is dangerous. Unless customers (many are tourists here for the first time) know there is parking behind, they will slow to "look" for parking options and this is an accident waiting to happen. 2) Leasing these spaces will be extremely difficult. Potential tenants will be acutely aware that customers will be reluctant to turn in not knowing if there are on-site parking options. By having the parking in the front of the buildings, this will expedite ingress and egress and also readily identify that parking is available. 3) A very visible monument sign is critical to the success of the space. This can only be accomplished with the parking in front of the commercial spaces. 4) Retail on the street with parking behind would also create a very unsafe environment for pedestrians gathering on the sidewalks steps from traffic with no on street parking. Besides the safety issues, this would result in an unpleasant store front pedestrian experience. Without these issues addressed, this creates another unsuccessful retail venture in palm Springs .The commercial space will be extremely difficult to lease and/or to sell without the proper signage and visible and accessible parking that is apparent to drivers. It is very premature to assume foot traffic will increase at this location to any substantial degree. Even if it does, that too will be based on the tenant profile and services offered at each space. This cannot be pre-determined. Palms Springs does not need more commercial vacant space. It is also noted that there is no on street parking on these curves further minimizing parking options. 153 120 W.Arenas Road, Palm Springs, CA 92262 1 p: 760.327.8000 Residential and Commercial Sales Property Management In conclusion, if the parking is behind these commercial spaces and the visibility of tenant signage is limited to "window street front" awareness by a 45 mph driver not watching the curve in the road, the success of leasing and marketing these spaces is minimal at best. Sincerely, co�berlake Realty Trust 760-327-8000 scottptimberiake@icioud.com 154 120 W. Arenas Road, Palm Springs, CA 92262 J p: 760.327.8000 Residential and Commercial Sales December 4, 2015 Property Management r Mr. Flinn Fagg RECEIVED Director of Planning Services City of Palm Springs GF.. 0 7 2015 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 rl;,,;,'77 ?V; 'ES RE: Retail Space 777 South Palm Canyon Dear Mr, Fagg: During the past 30 years I have been involved in the development and brokerage services of retail space in Palm Springs. According to my analytic report (Costar Group), the retail vacancy in Palm Springs stands at 10%, or 500,000 square feet. Not including the 150,000 square feet coming on line (Wessman Project). In order to be successful, any newly created retail will require a very well-designed structure with easy access and good visibility. I have seen plans for the project and concluded that the design is exceptional but the parking arrangement is not and poses a major flaw in the design. Coupled with the fact that this is a mixed use project with a residential component on the second and third floor adds another extremely important variable to consider. If the project is designed with parking in the rear, the residential component will virtually be isolated from the rest of the residential component of the development. By combining the residential and commercial in the rear it would in effect cut off the residential portion from the rest of the project, and this would include isolating the pool/recreational area. Combining the parking with vehicular traffic (commercial portion) in and out would in effect pose a dangerous hazard for the residents as they access the common area pool/recreation area. This would also hinder the sales of these units and block their access from the main entry point on Belardo-thus making the residential area a"step child" of the project. In addition, it is important to consider the future development of the"Magruder Chevrolet" site. By providing parking in the front of the 777 project it will enable easier access to both the Magruder Chevrolet development site and to the project under discussion. In my considered opinion, any mixed use projects in Palm Springs would require a definitive separation of uses. If the parking is not in front of the commercial units, it will make it much more difficult to market the residential units, and have an extremely deleterious effect on the bility to rent the commercial units, which will result in lower commercial market rents, long �y Ids of stabilization, high turnover of commercial tenants, ultimately leading to a long delay in b,log full occupancy. S Micha 1, ing�r Realty st.` (760) 668-2322 michael@michaelkassinger.com 155 120 W. Arenas Road, Palm Springs, CA 92262 1 p: 760.327.8000 Attachment 9 156 I L J TERRA NOVA PLANNING & RESEARCH, INC. MEMORANDUM Date: June 21, 2016 To: David Newell,Associate Planner, City of Palm Springs From: Kelly Clark,Associate Planner,Terra Nova Planning & Research, Inc. Subject: Woodbridge Project Initial Study Review—Hydrology, Air Quality and GHG Impacts The purpose of this memorandum is to: 1. Provide revised construction-related air quality and greenhouse gas emission projections for the Woodbridge Project Initial Study (April 2016). 2. Consider changes proposed to the storm water management and associated hydrology study. Since the distribution of the Initial Study, the Planning Commission recommended that on-site rock crushing be prohibited on the site. The original Initial Study assumed on-site rock crushing, and a balanced (export vs. import) grading plan. The revisions contained herein reflect data regarding rock removal and material haul trips provided by Project Manager Steve Zabala of the Woodbridge Pacific Group. Rock hauling assumptions were based on the project proponent's past experience with rock removal and associated hauling trips during construction. In addition, the applicant proposed a change to the manner in which storm water would be controlled on and off the site. The previous proposal would have captured and channeled off-site flows from the west through the site, into retention basins and drain pipes through the site. The applicant now proposes to capture off-site flows from the west in catch basins along Belardo Road, to install a storm drain pipe in the existing Belardo Road, and to connect this pipe to the existing City storm water pipe in West Mesquite Avenue, which occurs approximately 350 feet to the south of the project site. This analysis was prepared to determine whether the proposed changes would significantly change the potential impacts of the project on air quality, greenhouse gases, or hydrology. Air Quality and Greenhouse Gases Mr. Zabala estimates that 6,800 truck trips would be required to haul away (export) boulders and cobbles currently on-site. In addition, 45,000 cubic yards of material would need to be imported, requiring 3,200 haul trips. Based on the import assumptions provided, Mr. Zabala estimated that one truck trip could haul approximately 14 cubic yards of material. CaIEEMod assumes one truck trip could haul 16 cubic yards of material, therefore 15 cubic yards per trip was assumed for analysis purposes. For conservative analysis, it was assumed that 6,800 truck trips carrying 15 cubic yards of material would equate to 102,000 cubic yards of material export (boulders/cobble). CaIEEMod assumes that 45,000 cubic yards of import and 102,000 cubic yards of export would require 12,750 truck trips. 42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 157 Woodbridge Project CEQA Memorandum June 21, 2016 The following tables provide direct comparisons of input assumptions and emission projections for the Woodbridge Project. Results of the revised CalEEMod modeling indicate that the construction related emissions would remain below thresholds of significance, and no further analysis is required. Table 1:CalEEMod Input Assumptions Original Assumptions Revised Assumptions 1.5 year project buildout. 2-Year project build out to account for 8-month grading period assumed for rock removal. Rock crushing on-site. No rock crushing, rocks would be exported. Approximately 102,000 cubic yards of export. Soils: Site Balance, no import or export. Soils: Assumes 45,000 cubic yards of import. Demolition of Rock Garden We. No demolition: Rock Garden We has since been demolished. Haul Trips: 45 trips for demolition,0 for grading. Haul trips: 0 for demolition, 12,750 for import and export. Assumes 20-mile average trip length. Table 2 Woodbridge Project Maximum Daily Construction-Related Emissions Summary (pounds per day) Original CO NO. ROG S02 PM10 PM2.5 2016 61.98 80.43 8.64 0.08 22.54 13.86 2017 28.62 29.29 51.37 0.04 2.90 2.01 Revised 2016 68.38 87.32 7.65 0.12 20.97 12.50 2017 27.18 25.88 56.37 0.04 2.63 1.74 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No Average of winter and summer emissions, unmitigated. Source: ColEEMod model, version 20132.2. Original output tables generated 4.27.16. Revised output tables generated 6.21.16 Table 3 Woodbridge Project Localized Significance Thresholds (pounds per day) CO NOx PM10 PM2.5 Original 61.98 80.43 22.54 13.86 Revised 68.38 87.32 20.97 12.50 LST Threshold 5,331 425 67 19 Exceed? No No No No Emission Source: CalEEMod model, version 2013.2.2. Original output tables generated 4.27.16. Revised output tables generated 6.21.16 LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD. 158 Woodbridge Project CEQA Memorandum June 21, 2016 Table 4 Woodbridge Project GHG Emissions from Construction (Metric Tons/Year) CO2 CH4 N20 CO2e Original 557.62 0.11 0.00 560.01 Revised 1,427.81 0.22 0.00 1,338.25 CalEEMod model, version 2013.2.2. Original output tables generated 4.27.16. Revised output tables generated 6.21.16 Values shown represent the total annual, unmitigated GHG emission projections for construction. Hydrolog The Initial Study analyzed a storm drainage system that accommodated off-site storm flows from the west through the site, and into one of two retention facilities: an above ground retention basin at the southwest corner of the property, and a subsurface storm water storage system under the parking area located along the eastern property boundary. The applicant now proposes to maintain the eastern subsurface storage system, but eliminate the southwestern retention basin. In order to allow for the elimination of the southwest retention basin, the storm flow volumes through the site must be reduced. The applicant proposes to capture off-site flows that originate to the west of the property into a drainage system constructed below existing right- of-way. This system will include storm drain pipelines that convey off-site flows south down Belardo Road and east down Mesquite Avenue. The construction of the Belardo Road storm water pipe was not considered in the Initial Study, because it was not proposed at the time. The installation will occur entirely within the existing roadway, and will not disturb any land that has not been disturbed by roadway construction. All the impacts considered in the Initial Study for the project as a whole will apply to the installation of the pipeline, as will the mitigation measures included in the Initial Study for the project as a whole. The addition of the storm drain pipe in Belardo Road and Mesquite Avenue will not result in a change in impacts, or a substantially increased impact on the environment. As a result, no further analysis under CEOA is required. 159 Attachment 10 160 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Case 5.1378 PD-3791 ZC 13.3876 MAJ I TTM 36914 LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: David Newell, Associate Planner PROJECT TITLE: "Palm Canyon" Project by Woodbridge Pacific Group PROJECT LOCATION: 777 South Palm Canyon Drive Palm Springs, CA 92264 Riverside County PROJECT DESCRIPTION: The applicant proposes a residential development to be located on 12.38 ± acres in the City Palm Springs, California. The subject property is bounded by South Palm Canyon Drive to the east, the abandoned "Mac Magruder' automobile dealership to the south, Belardo Road to the west and the Tahquitz Creek to the north. The site is vacant, but previously included the Rock Garden restaurant, which was recently demolished. The applicant is proposing development of a partially gated 82-unit residential project. Twenty-five two-story multi- family units are proposed along South Palm Canyon Drive and are distributed among five buildings of five units with an average unit size of 2,010 square feet. The balance of the site, west of South Palm Canyon, would be developed as single-family homes. There are 57 such units proposed, on lots averaging 5,204 square feet in size. Units are proposed to be one and two stories. The primary project access point is on Belardo Road with emergency access available on South Palm Canyon Drive. FINDINGS I DETERMINATION: The City has reviewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a less than significant level. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Mitigated Negative Declaration will commence at 8:00 a.m. on May 4, 2016 and end on May 24, 2016 at 5:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Mitigated Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: David.Newel I aRpalmsprings-ca.gov Copies of the Mitigated Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING: This matter has been set for public hearing before the Planning Commission on May 25, 2016. City Council consideration is expected at a public hearing on June 15, 2016, but please confirm the date with the City Clerk's office. psi O� PALM S A� V to INITIAL STUDY/MITIGATED NEGATIVE DECLARATION A m R ry�4AONA10 A i C'9C I FO RN"P Project Title: WoodBrid e Project Case No. 5.1378 PD-379 / ZC /3.3876 MAJ /TTM 36914 Assessor's Parcel No. 508-171-005, -508-171-006, 508-171-012, -513-250-046, - 513-250-047 Lead Agency Name and City of Palm Springs Address: 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Project Location: 777 South Palm Canyon Drive Palm Springs, CA 92264 Riverside Count Project Sponsor's Name and Wood Bridge Pacific Group Address: 27285 Las Romblas, Suite 230, Mission Viejo, CA 92691 949 348-8162 General Plan Desi nations : Mixed Use/Multi-Use Zoning: Existing: C 1- Retail Business C2-General Commercial R3-Multiple Family Residential and Hotel Proposed: PD-lieu of zone change PD 379 Contact Person: David Newell, Associate Planner City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 Phone Number: 760 323-8245 Date Prepared April 29, 2016 162 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Description of the Project The applicant proposes a residential development to be located on 12.38 ± acres in the City Palm Springs, California. The subject property is bounded by South Palm Canyon Drive to the east, the abandoned "Mac Magruder" automobile dealership to the south, Belardo Road to the west and the Tahquitz Creek to the north. The site is vacant, but previously included the Rock Garden restaurant, which was recently demolished. The applicant is proposing development of a partially gated 82-unit residential project. Twenty- five two-story multi-family units are proposed along South Palm Canyon Drive and are distributed among five buildings of five units with an average unit size of 2,010 square feet. The balance of the site, west of South Palm Canyon, would be developed as single-family homes. There are 57 such units proposed, on lots averaging 5,204 square feet in size. Units are proposed to be one and two stories. The primary project access point is on Belardo Road with emergency access available on South Palm Canyon Drive. The project proposes: 1) Construction of 57 one-and-two-story single-family residential lots, 2) Construction of 25 two-story units clustered in groups of five per building, and 3) Construction of private streets, parking area, pool area, retention basin, underground stormwater storage, and a common open space. The site includes a considerable number of large boulders. As a result, the applicant proposes to conduct on-site rock crushing operations during the first phase of grubbing and grading. Summary of the proposed site data and building square footages are as follows: Table 1 WoodBridge/Rock Garden Proposed Site Data One-and-two-story single- 139,460 sq. ft. family residential units Two-story condominium units 30,120 sq. ft. Streets and Driveways 113,066 sq. ft. Common open space 256,627 sq. ft. Total: 539,273 sq. ft. Table 2 WoodBridge/Rock Garden Proposed Building Square Footages One-and-two-story single- 131,669 sq. ft. family residential units Two-story condominium units 47,5000 sq. ft. Pool Restroom 572 sq. ft. Total: 179,741 sq. ft. The proposed site is currently split-zoned for C-1 (Retail Business) and R-3 (Multi-family Residential and Hotel), making the proposed project inconsistent with current zoning. A Planned Development District in lieu of zone change (PD 379) is proposed for the entire site to address modifications to development standards and allow the proposed uses. City of Palm Springs WoodBridge Project April 2016 2 Initial Study/Mitigated Negative Declaration c INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Environmental Setting and Surrounding Land Uses The site is relatively flat and has been undeveloped and vacant for many years, with the exception of the former "Rock Garden Cafe" building, which was recently demolished at the northeast corner of the subject property. Surrounding land uses include: North: Tahquitz Creek, Kentucky Fried Chicken Restaurant South: Commercial and vacant East: Currently Vacant, proposed Mixed use (residential, live/work and commercial) under construction West: Vacant Other public agencies whose approval is required None. City of Palm Springs WoodBridge Project April2016 3 Initial Study/Mitigated Negative Declaration 164 i CALIFORNIA PACIFIC OCEAN _tee. a MEXICO Dea Hat SPHnga fuw„n« - Palm Springs Caw .l chy R..hg Mirage �� � Peltn Desert Indio ��` \\\ .�6 Intllan Weller Caachdle '�"�a. RIVERSIDE COUNTY 0 Woodbridge Project Exhihit L A TERRA NOVA Regional Location Map 1 Palm Springs, California 165 t � O z Lv V "k Ramon Road Mesquite Ave ; F. Pa1r11 Canvon Dr —s s 4•v s ,c Y�, nl{ y blow f ;,, fa i �,s. O 03 �� 1 a~ ! � c' Ramon s E is 1 r 7 9,+d �•� �y :i s='- r sunny Dunes Rd., ". c ".Wal..... U fto a - acc ., •;� :a .� TO L f m Mesquite Ave • L# w Rato"4 se-a710 is a w --. - - 31 ... RI ;_q-. r; ._.. . `. . . yR r .i 1484 • u�w.r.+.9es...crux TANQJf7Z CREEK TRAIL CLG?+eOMD MnirtC YP.:R 5 ••• �yy .D�.l•,AJ t0 � • � YCM1LAS GQIiG,G. `.Y ., r` .�■r..c"' :a` ::; �- ..t. rye:•. u yQ J A'ti]kFE! Q `41 4 J J /� Q }rL•+$� -•'M M ' IS ii-`1. :. J c7 1 � •c3;xEEr� � � � � �` , ... 4l a 4 'a Q1 a 4 N � _ 4 � � , .�•• eta ys� `rs1 �V•SRE- M ) : VV a enn :a -a--s--v--o- ar.e�e,•"^' .wwuo e•vr .w.eo n,.�.,a_.. '. -771 SOUTH PALM CANYON DRIVE N :? PALM SPRINGS,CA. eru.•+a cwn, Source: HE[TEC Consultant%,20 IS woneNiose rncme y� o Woodbridge Project Exhibit L A TERRA NOVA Project Site Plan �" RYY MY•Xe9rM H Palm Springs, California X � i 7* .. .. :rr - Aft All kttt NU go Qz o. ac Ipp t - • i y Existing View S 1 Proposed Project View Source; Visionscape Imagery,2015 1 Woodbridge Project lshitur TERRA NOVA Visual Simulation View a.w., a Aeecu+ ...e Palm Springs, California Z ! � a.. �:� ••• -oil- �'irN'tt1'r�p"p�t'iw1 i'd+r;r tt r d ••.;s ,• ,.. 1 : Existing View w Proposed Propect View Source: Visionscape Imagery,2015 r � Woodbridge Project FOR)t L j TERRA NOVA Visual Simulation View B 7 a�.auo�ca nese.w:>,..r,c Palm Springs, California 171 FR I 3 P V Existing View AliIZL— w j' If Proposed Project View N Source: Visionscape Imagery,2015 r 1 Woodbridge Project E:xhih t L 1 TERRA NOVA Visual Simulation Viewau»+rvr.a�sr.w�+..vc Palm Springs, California0 rR8 172 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. Agriculture and Forestry ❑ Aesthetics ❑ ❑ Air Quality Resources Biological Resources ❑ ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ Hydrology/ water Quality Emissions Materials ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ElTransportation/Traffic ElUtilities /Service Systems ❑ Mandatory Findings ofSignificance City of Palm Springs WoodBridge Project Apri12016 Initial Study/Mitigated Negative Declaration 12 173 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION DETERMINATION: The City of Palm Springs Planning Deportment On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ® 1 find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project hove been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ��ft ,1 David Ne ell Date Associate Planner City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declarotion 13 174 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on project-specific screening analysis). 2) All answers must take into account the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 14 175 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 15 176 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I. AESTHETICS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock El El Eloutcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or ❑ ❑ ® ❑ nighttime views in the area? Discussion of Impacts The project proposes construction of 57 one-and-two-story single-family residential lots, and construction of 25 two-story multi-family units clustered in groups of five per building. a) Less Than Significant Impact. The project site is located approximately 0.3 miles east of the San Jacinto Mountain foothills, which are considered a scenic vista for much of the Coachella Valley (Exhibit 1 and 2). From the subject property, scenic views of the San Jacinto Mountains are to the west, southwest, and northwest. Existing views from the subject property are largely unobstructed, with the exception of the Ague Caliente Tahquitz Visitors Center west of Belardo Road (Exhibit 2 and 3). The subject property is currently vacant with a portion containing remnants of a commercial building site that was recently demolished and removed. Development of the proposed project will primarily affect scenic mountain views as seen from properties immediately east and southeast of the subject site. The project will result in greater building mass, which will unavoidably block lower mountain views from surrounding properties to the east. Proposed building heights are consistent with existing development standards and will range from one- to two-stories. Due to the site's close proximity to the San Jacinto Mountains, middle and upper elevation views of the mountains will remain visible from surrounding properties, above the proposed structures. The City prepared three visual simulations to show the scale and mass of the buildings on the property.These simulations are provided in Exhibits 6, 7 and 8, below. Exhibit 1 shows the location of the project area on a Riverside County regional map. And, exhibit 2 and 3 is the project vicinity and aerial maps to show the location of the project area in Palm Springs. The surrounding properties are sparsely populated along Belardo Road (see Exhibit 2 and 3). The project site plan is shown in the Exhibit 4. As shown in Exhibit 6, 7 and 8, mountain views will be partially blocked by the one- and two-story single-family residential units and the two-story multi-family units, and foreground views will be dominated by the residential units. Currently, property on City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 16 177 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Belardo Road consists of vacant land and ground level views are not obstructed (see Exhibit 6).The mass of the buildings will be somewhat greater on the north side of the site, but with lowered grade and elevation of the roadway, the south side of the site will allow partial mountain views. Views from the immediate northeast of the site are currently not blocked (see Exhibit 7). After project build out, the immediate views to the south and west will consist of the multi-family buildings (see Exhibit 7). Intervening landscaping and block walls will minimize ground level impacts. Views of the foothills will be blocked, but views of the range will remain. Views from commercial buildings and properties to the south of the site will be partially blocked to the north, although mountain peaks will remain visible. Similarly, views from properties to the east through the site to the west and northwest will be partially blocked, although views of the mountain peaks will remain (see Exhibit 7 and 8). As shown in Exhibit 6, 7, and 8, views from other properties in the project vicinity will be impacted to a lesser degree by project implementation. Views from properties located north and south of the subject site will retain existing scenic views to the west (see Exhibit 6, 7, and 8). Impacts to scenic views in the direction of the subject property will be less than significant. Overall, impacts to views of scenic vistas from surrounding properties will be less than significant. b) No Impact. The subject property is not located within a state scenic highway or locally designated scenic corridor. It does not contain scenic resources such as rock outcroppings or trees. Thus, there will be no impacts to such scenic resources. c) Less Than Significant Impact. The subject property is currently vacant with the exception of the flatwork remnants of the demolished Rock Garden Caf6 site. Proposed development will result in a residential development consistent with land uses in the surrounding area. The visual character on-site will be enhanced with high quality modern buildings and landscape treatments along South Palm Canyon Drive. The impacts associated with on-site and surrounding visual character are expected to be less than significant. d) Less Than Significant Impact. The majority of the subject property is vacant with the exception of the flatwork remnants of the demolished Rock Garden Caf6 site, which has been unoccupied for several years. Previous operation of the Rock Garden Caf6 produced small amounts of light and glare. The proposed project will result in a greater building mass and, therefore, can be expected to generate increased levels of light from interior and exterior building lighting, safety and security lighting, landscape lighting, and vehicles accessing the site. The site is located in the City's urban core, and is currently subject to vehicle light levels on surrounding streets. The proposed project will not contribute significantly to increases in traffic, and will therefore not significantly increase light levels. The City's standards prohibiting reflective surfaces will assure that glare impacts are less than significant. Lighting and glare levels are not expected to exceed typical levels within the surrounding urban environment. The project will be required to properly shield light fixtures and minimize spillage onto adjacent properties, in accordance with the requirements of the City Zoning Ordinance. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 17 178 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION These and other standard requirements will assure that project light and glare impacts will be less than significant. (Sources: Figure 9-4, Palm Springs General Plan, 2007) City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 18 179 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION It. AGRICULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland, to non-agricultural use? Discussion of Impacts a) No Impact. The proposed project will be located on a parcel that is not on or adjacent to properties with agricultural uses. The subject property is zoned for commercial/retail and residential uses, and is designated for mixed-use development in the General Plan. The site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance by the California Department of Conservation. b) No Impact. The proposed project will not conflict with existing zoning for agricultural uses or a Williamson Act contract. C) No Impact. There is no suitable land for agriculture in the Palm Springs area. The proposed project will not result in the conversion of Farmland to non-agricultural use. (Sources: "Riverside County Important Farmland 2010 Map," sheet 2 of 3, California Department of Conservation, published January 2012.) City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 19 180 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION III. AIR QUALITY Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ® ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality ❑ ❑ ® ❑ standard (including 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? ❑ ❑ ® ❑ Discussion of Impacts a) No Impact. The Coachella Valley, including the project area, is located within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SSAB. All development within the SSAB is subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PMio State Implementation Plan (2003 CV PMio SIP). The project will be developed in accordance with all applicable air quality management plans. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The current zoning for the subject site is for commercial, retail business, and multi-family residential. The project is proposing a Planned Development District to address minor modifications to development standards, however the proposed land uses are consistent with existing general plan designations. Therefore, the proposed project complies with the intent of the General Plan and AQMP. No impacts associated with compliance with applicable management plans are expected. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 20 191 INITIAL STUDY/MITIGATED (NEGATIVE DECLARATION b) Less Than Significant Impact. Criteria air pollutants will be released during both the construction and operational phases of the proposed project. The California Emissions Estimator Model (CaIEEMod) Version 20132.2 was used to project air quality emissions that will be generated by the project. Table 3 summarizes short-term construction-related emissions, and Table 4 summarizes ongoing emissions generated at operation. Construction Emissions The construction period includes all aspects of project development, including site preparation, grading, hauling, paving, building construction, and application of architectural coatings. For analysis purposes, it is assumed that construction will occur over a 1.5-year period from mid 2016 to late 2017. As shown in Table 3, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant. The data reflect average unmitigated daily emissions over the 1.5-year construction period, including summer and winter weather conditions. The analysis assumes there will be a net balance of soils on-site, and no soil materials will be imported or exported during grading. Applicable minimization measures and best management practices include, but are not limited to, the implementation of dust control practices in conformance with SCAAMD Rule 403, proper maintenance and limited idling of heavy equipment, phasing application of architectural coatings and the use of low-polluting architectural paint and coatings. Adherence to such measures will ensure construction related emissions would remain less than significant. The complete list of minimization measures is provided at the end of this Section under Mitigation Measures III (b). Table 3 Woodbridge Project Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions' CO NO. ROG SO2 PM10 PM2.5 2016 61.98 80.43 8.64 0.08 22.54 13.86 2017 28.62 29.29 51.37 0.04 2.90 2.01 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No Average of winter and summer emissions, unmitigated, 2016-2017. Source: CaIEEMod model, version 2013.2.2 output tables generated 4.27.16. Operational Emissions Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy demand (electric and natural gas), and mobile source (vehicle) emissions. Traffic generation trip rates were derived from the project specific Traffic Memo. Table 4 provides a summary of projected emissions at operation of the proposed project. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 21 182 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table 4 Woodbridge Project Operation-Related Emissions Summary (pounds per day) CO NO ROG SO2 PM10 PM2.5 Operational Emissions' 41.85 9.08 14.20 0.05 3.89 1.25 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No Average of winter and summer emissions, unmitigated, 2017. Source: ColEEMod model, version 2013.2.2 output tables generated 4.27.16. As shown in Table 4, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. The data are conservative and reflect unmitigated operations. Impacts related to operation will be less than significant. c) Less Than Significant Impact. Historically, the Coachella Valley, in which the project site is located, has been classified as a "non-attainment" area for PMio and ozone. In order to achieve attainment in the region, the 2003 Coachella Valley PMio Management Plan was adopted, which established strict standards for dust management for development proposals. The Salton Sea Air Basin (SSAB) is currently (November 2015) a non- attainment area for PMio and is classified as attainment/unclassifiable for PM2.5. The proposed project will contribute to an incremental increase in regional ozone and PMio emissions. However, given its limited size and scope, cumulative impacts are not expected to be considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for PMio or ozone precursors (NOx). The project will not conflict with any attainment plans and will result in less than significant impacts. d) Less Than Significant Impact. The nearest sensitive receptors are single-family residences located approximately 120 meters southeast of the project site. To determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used. The City of Palm Springs and the subject property are located within Source Receptor Area 30 (Coachella Valley). Given the project's size and proximity to existing housing, the 5-acre site tables at a distance of 100 meters were used. Table 5 shows on-site emission concentrations for project construction and the associated LST. As shown in the table below, LSTs will not be exceeded under unmitigated conditions for all criteria pollutants. Therefore, air quality impacts to nearby sensitive receptors during construction will be less than significant. City of Palm Springs Woodbridge Project April 2016 Initial Study/Mitigated Negative Declaration 22 183 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table 5 Woodbridge Project Localized Significance Thresholds (pounds per day) CO NOx PM10 PM2.5 Construction 61.98 80.43 22.54 13.86 LST Threshold 5,331 425 67 19 Exceed? No No No No Emission Source: CalEEMod model, version 2013.2.2 output tables generated 4.27.16 LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD. e) Less Than Significant Impact. The proposed project is not expected to generate objectionable odors during any of the phases of construction or at project buildout. The proposed project has the potential to result in short term odors associated with paving and other construction activities. However any such odors would be quickly dispersed below detectable thresholds as distance from the construction site increases. Therefore, impacts from objectionable odors are expected to be less than significant. Mitigation Measures III (b): The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging: 1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time to no more than 5 minutes. 2. The grading contractor shall certify in writing that all construction equipment is properly serviced and maintained in good operating conditions. Certification shall be provided to City Engineer for review and approval. 3. Diesel-powered construction equipment shall utilize aqueous diesel fuels, and be equipped with diesel oxidation catalysts. 4. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City Engineer. Said plan shall include but not be limited to the following best management practices: 5. Chemically treat soil where activity will cease for at least four consecutive days: 6. All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour: 7. Water site and equipment morning and evening and during all earth-moving operations: City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 23 184 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 8. Operate street-sweepers on paved roads adjacent to site; 9. Establish and strictly enforce limits of grading for each phase of development; and/or 10. Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development. 11. Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. 12. Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM 10 and deposition of particulate matter during transportation. 13. Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. 14. Construction equipment and materials shall be sited as far away from residential and park uses as practicable. 15. The following Best Control Measures (BCM) shall be utilized by the contractor, as required, to limit impacts to air quality: 1. BCM-1: Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, and track-out control. 2. BCM-2: Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, and revegetation. 3. BCM-3: Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, and revegetation. 4. BCM-4: Paved Road Dust: Minimal track-out, stabilization of unpaved road shoulders, and clean streets maintenance. 16. Existing power sources should be utilized where feasible via temporary power poles to avoid on-site power generation. 17. Imported fill and paving materials, as well as any exported material, shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 18. Each portion of the project to be graded shall be pre-watered prior to the onset of excavation, grading or other dust-generating activities. 19, On-going watering soil stabilization of disturbed soils, especially in the staging area, shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 20. SCAQMD Rule 403 shall be adhered to, ensuring the clean-up of construction-related dirt on approach routes to and from the site. City of Palm Springs WoodBridge Project April2016 Initial Study/Mifigated Negative Declaration 24 16 5 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 21. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 22. SCAQMD Rule 1113 shall be adhered to, ensure low VOC paints/architectural coatings are used on all surfaces. Monitoring III (b): A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of these mitigation measures will ensure that impacts associated with PMio are mitigated to a less than significant level. Responsible Parties: City Engineer, General Contractor B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan. Responsible Parties: City Engineer staff or designee Source: Palm Springs General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; CalEEMod Version 2013.2.2; project materials. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 25 1 � 6 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IV. BIOLOGICAL RESOURCES Potential ly Less Than Less man No Significant Significant n Significant Impact Mitigation Impact Would the project: Incorporated Impact 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 or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional El El Elplans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not El El Ellimited 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? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ approved local, regional, or state habitat conservation plan? City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 26 187 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Discussion of Impacts a) Less Than Significant Impact with Mitigation Incorporated. Amec Foster Wheeler prepared a general biological resources assessment for the proposed project area. Results of the assessment indicate that the quality of native habitat on the subject site is fairly low due to previous site alteration and degradation caused by a variety of human activities. Literature review and professional knowledge of the project area indicate that as many as 52 sensitive biological resources have the potential to occur in the general vicinity of the project site. However, no sensitive species were observed or detected on site during the biological surveys. Despite the lack of suitable habitat for sensitive or special status species on the project site, there is a low potential for western yellow bat to roost within the "skirts" of palm trees adjacent to and on the proposed project site. The western yellow bat is not formally listed as threatened or endangered on state or federal listings. However, this bat species is a covered species under the Coachella Valley MSHCP and the Agua Coliente Tribal Habitat Conservation Plan. Potential impacts to the western yellow bat can be mitigated through payment of the applicable fee(s). Given the lack of suitable habitat on the project site and the low probability of the majority of sensitive species to occur onsite, there is low potential for the proposed project to adversely impact sensitive biological resources known from the project vicinity. Payment of the applicable habitat conservation development fees will mitigate potential impacts to sensitive species to less significant levels. The Migratory Bird Treaty Act (MBTA) protects all native birds while nesting. Trees and shrubs on the project site provide suitable habitat for nesting birds. In order to assure that impacts to nesting birds are less than significant, the biologist recommended that prior to any vegetation removal and/or work on the proposed project site a nesting bird survey is completed if such removal or ground disturbing activities occurs during the nesting bird season, which is from February 1 through August 31. This measure will minimize potential impacts to less than significant levels. Mitigation Measure MM IV.1 Any ground disturbing activity proposed for the period from February 1 to August 31 shall be preceded by a nesting bird survey performed by a qualified biologist. The biologist shall perform the survey within 30 days of the initiation of activities, and provide mitigation measures should nesting birds be identified. A report of findings shall be provided to the City prior to the initiation of ground disturbing activities. b, c) No Impact. The project site does not contain any streams, riparian habitat, marshes, protected wetlands, or sensitive natural communities. No impacts will occur. d) No Impact. A wildlife corridor is a link of wildlife habitat, generally containing native vegetation, which joins two or more larger areas of similar wildlife habitat. The subject property has been previously disturbed by development and other human activity for many decades. As such, it does not function as a migratory wildlife corridor or nursery site. It does not contain trees or other biological species or features that are protected by local policies or ordinances. No project-related impacts will occur. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 27 188 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION e, Q No Impact. The project will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. The subject property is located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP) and Agua Caliente Tribal Habitat Conservation Plan (THCP). Therefore, the project is subject to payment of the applicable Local Development Mitigation Fee, which will mitigate potential impacts to covered species. The site is not within or adjacent to a CV MSHCP-designated Conservation Area, so no additional mitigation measures or provisions are required. (Sources: "General Biological Resources Assessment - Rock Garden Project", Amec Foster Wheeler Environment & Infrastructure, Inc., prepared October 30, 2015). City of Palm Springs WoodBridge Project April 2076 Initial Study/Mitigated Negative Declaration 28 189 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION V. CULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation impact Would the project: Incorporated a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ® ❑ ❑ in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ® ❑ ❑ pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including those El ® El El outside of formal cemeteries? Discussion of Impacts ASM Affiliates prepared a Cultural Resources Inventory and Archaeological Investigation Report for the proposed project in 2015. The following discussion summarizes their findings. a, b) Less Than Significant with Mitigation Incorporated. According to the Cultural Resources Inventory (2015) prepared for the proposed project, previous site surveys, testing and data recovery occurred onsite between 2000 and 2003. Comparison of aerial photographs between 2000 and 2015 indicate the area has undergone significant desiccation of native plant life and also surface erosion, due to natural causes and modern human modification. This process has contributed to the exposure of un- recorded subsurface artifacts meriting an expansion of survey boundaries (33-9196/CA- Riv-45, Locus O). An archaeological investigation of Locus O was conducted on March 2, 2015 by ASM Affiliates, Inc. Native American Monitors from the Agua Caliente Band of Cahuilla Indians were present during fieldwork and excavation activities. Results of the Locus O archaeological investigation identified several hundred cultural items and numerous potentially significant features. A substantial artifact assemblage was recovered from the Locus O site, including ceramics vessel fragments and worked sherd disks, lithic projectile points from a variety of imported stone sources, other stone tools, milling tools, bone tools, and a handful of European objects. The "Rock Garden Restaurant" was built in 1989 as a single story restaurant with outdoor patio area and small ponds. The restaurant was closed in 2012 and has been removed with remnants of the developed site, including of flatwork, curbs and low retaining walls. The remaining improvements do not qualify or meet the criteria of a historical resource as defined in CEQA Guidelines Section 15064.5. City of Palm Springs Wood8ridge Project April2016 Initial Study/Mitigated Negative Declaration 29 190 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Project Impacts Current project plans do not provide for any significant opportunities for avoidance of Locus O or its defined activity areas. In any event, much of the site was previously recovered during the 2015 archaeological investigation. In addition, Locus O continues to suffer substantial impacts from the incursion and occupation by transients. Based on the Archaeological Investigation (33-9196/CA-RIV-45, Locus O; June 1, 2015), there is a high possibility of subsurface deposits, artifacts and additional features in the subject area. For this reason. a Native American Monitor shall be present during all ground disturbing activities to minimize the impacts. The following mitigation measure is provided to assure impacts to cultural resources are less than significant. Mitigation Measures MM V-1 The applicant/developer shall provide evidence to the City of Palm Springs Planning Department that a certified archaeologist has been contracted to implement a Cultural Resource Impact Mitigation Plan (CRMMP) to mitigate potential impacts to 33-9196/CA-RIV-45 and undiscovered buried archaeological resources associated with this project. The CRMMP shall be completed to the satisfaction of the Agua Caliente THPO. The CRMMP shall include, but shall not be limited to, the following guidelines: (1) Prior to grading, the entire project area including site 33-9196/CA-RIV-45, shall be systematically graded in a controlled manner. If buried features are discovered these will be assessed for significance and considered for inclusion on the Tahquitz Canyon National Register Site 33-9196. The Project Archaeologist, in consultation with the City Planning Department and Agua Caliente THPO, shall determine the significance of the discovered resources. (2) The applicant/developer shall contract with the Agua Caliente THPO for the grading monitoring program. (3) The project archaeologist/Historian and THPO shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. (4) The project archaeologist shall monitor all areas identified for development including off-site improvements. (5) Prior to grading the applicant/developer is responsible for the completion of analysis, reporting and curation of previously incomplete archaeological work started by ASM Affiliates. (6) Prior to grading the applicant/developer's archaeologist must submit a plan for inadvertent discover of human remains. (7) Prior to grading the City, applicant/developer and the THPO must agree upon potential preservation area for reburial of human remains. (8) An adequate number of monitors (archaeological/historical/Native American) shall be present to ensure that all earth moving activities are observed and shall be on-site during all grading activities for areas to be monitored. (9) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and Native American monitor(s) shall be onsite as determined by the THPO and project archaeologist. Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The frequency and City of Palm Springs Woodbridge Project April 2076 Initial Study/Mitigated Negative Declaration 30 191 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION location of inspections will be determined in consultation with the project archaeologist, the THPO and City. (10) Isolates and clearly non-significant deposits shall be minimally documented in the field and the monitored grading can proceed. (11) In the event that previously unidentified potentially significant cultural resources are discovered, the archaeological monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The project archaeologist shall contact the THPO and the City Planning Department at the time of discovery. The project archaeologist, in consultation with the City and the THPO, shall determine the significance of the discovered resources. The City and the THPO must concur with the evaluation before construction activities will be allowed to resume in the affected area. (12) Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. In consultation with the THPO and the City, the project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis. (13) In the event that previously unidentified cultural resources are discovered, all cultural material collected during the grading monitoring program shall be processed and curated at facility agreed upon by the City and THPO, that meets federal standards per 36 CFR Part 79. The collections and associated records shall be transferred, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation. Title of the collection will be granted to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. Upon completion of the implementation phase, a final report shall be submitted describing the plan compliance procedures and site conditions before and after construction. MM V-2 Prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and guidelines) shall be retained by the applicant/developer. The developer shall submit a copy of a signed contract between the project archaeologist and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Archaeological Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources- MIA V-3 Prior to the issuance of grading permits, the developer/permit applicant shall enter into a contract with a Tribal monitor(s) from the Agua Caliente Band of Cahuillo Indians Tribal Historic Preservation Office (THPO) who, at the tribe's discretion, shall be on-site during ground disturbing activities. The developer shall submit a copy of a signed contract between the THPO and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Native American Monitor(s) shall have the authority to temporarily divert, City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 31 192 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION redirect or halt the ground disturbance activities to allow recovery of cultural resources. Native American groups shall be given a minimum notice of two weeks that a monitor is required. If a monitor is not available, work may continue without the monitor. The project archaeologist shall include in the Phase IV Archaeological Monitoring report any concerns or comments that the monitor has regarding the project and shall include as an appendix any written correspondence or reports prepared by the Native American monitor. a) Native American monitoring does not replace any Archaeological monitoring required by an approved Archaeologist, but rather serves as a supplement for coordination and advisory purposes for the Tribes' interests only. b) The developer/permit applicant shall not be required to further pursue any agreement for Native American monitoring of this project if after 60 days from the initial attempt to secure an agreement the developer/permit applicant, through demonstrable good faith effort, has been unable to secure said agreement from the Tribe. A good faith effort shall consist of no less than 3 written attempts from the developer/permit applicant to the tribe to secure the required special interest monitoring agreement and appropriate e-mail and telephone contact attempts. Documentation of the effort made to secure the agreement shall be submitted to the Planning Department for review and consideration. c) Should repatriation of collected cultural items be preferred, it shall not occur until after the Phase IV monitoring report has been submitted to the Planning Department. Should curation be preferred, the developer/permit applicant is responsible for all costs and the repository and curation method shall be described in the Phase IV monitoring report. MM V-4 Prior to brush clearing and/or earth moving activities, a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. A sign- in sheet signed by all attendees of the aforementioned training shall be included in the Phase IV Monitoring Report. MM V-5 Prior To Grading Certification: The developer shall submit the archaeologist's final report, including one (1) wet-signed paper copy and (1) CD of a Phase IV Cultural Resources Monitoring Report that complies with the requirements for such reports for all ground disturbing activities associated with this grading permit. The report shall follow the Archaeological Resources Management Report format. The Planning Department and THPO shall review the report to determine adequate compliance with the approved conditions of approval. Upon determining the report is adequate, the Planning Department shall clear this condition. MM V-6 Prior To Grading Certification, the developer/ applicant shall provide evidence to the satisfaction of the Planning Department and THPO that all archaeological materials recovered during archaeological investigations City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 32 193 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION have or will be curated at a curation facility, agreed upon between the City and the THPO, that meets federal standards per 36 CFR Part 79. The collection and associated records shall be transferred and are to be accompanied by payment of the fees necessary for permanent curation. Title shall be transferred to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. c) Less Than Significant with Mitigation Incorporated. The subject area is located in an important region where number of paleontological resources has been reported. For example, large mammal diaphysis, small fragments of animal bones, shell beads, bone awls, shell, shellfish, and riparian flora and fauna. The recovered species are paleontologic ally important resources; however, they are wide spread in the whole Palm Springs region and are not restricted to the subject area. Compliance with mitigation measure MM V-1, above, will reduce potential impacts to paleontological resources to less than significant levels. There are no unique geological features (river, lake, hills, faults, and folds etc.) located onsite that can directly or indirectly be destroyed. Tahquitz Creek and its tributaries are located immediately north of the project site; however, the proposed development has no direct or indirect impacts on the creek or its tributaries. d) Less Than Significant Impact with Mitigation Incorporated. No cemeteries are reported to occur onsite or in the project area. However, human remains have previously been reported and recovered from the site and surrounding areas during previous cultural investigations. The following mitigation measure is provided to ensure impacts to human remains are less than significant. MM V-7 Removal of Human Remains Should human remains be uncovered, California law requires that all development activity be suspended, and that the procedures established in Public Resources Code 5097.94 be followed to determine the disposition of the remains. Compliance with the law will reduce potential adverse impacts to less than significant levels. (Sources: "Cultural Resources Inventory of the Proposed Blade Development Project, South Palm Canyon Drive, Palm Springs, California", prepared by ASM Affiliates, Inc March 2015; Archaeological Investigation for Woodbridge Pacific Group, prepared by ASM Affiliates, Inc, June 2015. "A Cultural Resources Survey And Evaluation For The Star Canyon Development Project, Palm Springs, California", January 2000: Palm Springs General Plan, 2007). City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 33 194 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VI. GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area ❑ ❑ ❑ or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic-related ground failure, including El El Elliquefaction? iv) Lands ides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of El El ® ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ❑ ❑ ❑ on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code El El ❑ (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative ❑ ❑ Elwastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion of Impacts a.i) No Impact. The proposed site is not located within an Alquist-Priolo Earthquake Fault Zone. Also, there are no known active or potentially active faults with potential impacts associated with fault rupture on the project site or within the immediate vicinity. The nearest Zone is located along the Banning Pass Fault, more than 7 miles north of the project site. No project-related impacts associated with fault rupture are anticipated. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 34 195 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION a.ii) Less Than Significant Impact. The subject site is located in a seismically active region, mainly associated with San Andreas Fault and San Jacinto Fault. Severe ground shaking can occur as a result of earthquakes originating on San Andreas Fault, San Jacinto Fault and/or surrounding small faults (Palm Canyon Fault, Pass Fault, and Garnet Hill Fault). Construction of the proposed development will be in accordance with the most recent edition of the California Building Code (CBC) to minimize the impacts associated with seismic ground shaking during an earthquake. This will ensure impacts associated with ground shaking are minimized to the greatest extent possible. a.iii) No Impact. The subject property is located in an area of low susceptibility to liquefaction, characterized mainly by fine-grained granular sediments. The groundwater depths are greater than 50 feet (General Plan Figure 6-1) beneath the site. Fine-grained granular sediments could be susceptible to liquefaction; however, groundwater depths in the area are greater than 50 feet below the ground surface and for liquefaction to occur, groundwater levels must be within 50 feet of the ground surface. Therefore, no project- related impacts associated with liquefaction are anticipated. aJv) No Impact. The project site is relatively flat and lies just outside the landslide and rock fall hazard zone (General Plan Figure 6-21. Also, a relatively flat terrain surrounds the subject site. No impacts associated with landslides are expected. b) Less Than Significant Impact. The project site is located in an area with high susceptibility to wind erosion (General Plan Figure 6-4). Therefore, the applicant will be required to submit a dust control and management plan as part of the permitting process to minimize the impacts associated with soil erosion and loss of topsoil to less than significant levels (See Section III Air Quality.) c) No Impact. The surficial sediments in the project site are consisting of older alluvial gravel and sand (Qoa; General Plan Figure 6-3). Also, subsurface soil in the project site is not susceptible to liquefaction due to groundwater levels greater than 50 feet below the ground surface. The site is also not susceptible to lateral spreading, which requires a shallow water fable or proximity to a water source that could cause inundation of onsite soils. The site is not susceptible to landslides due to its relatively flat terrain and distance from mountainous slopes. Although subsidence has been documented in the eastern Coachella Valley, it is not known to occur in the upper valley or the project vicinity. No impacts associated with unstable soils are anticipated. d) No Impact. The project site consists of older alluvial gravel and sand which is not an expansive soil (clay). Impacts related to expansive soils are not expected. e) No Impact. The proposed project will connect to the City's existing sewer system. No septic tanks or alternative wastewater disposal systems are proposed for this project. No adverse impacts are expected. (Sources: Palm Springs General Plan, 2007) City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 35 196 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VII. GREENHOUSE GAS EMISSIONS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Generate greenhouse gas emissions, either directly or indirectly, that may have a ❑ ❑ ® ❑ significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of ❑ ❑ ® ❑ reducing the emissions of greenhouse gases? Discussion of Impacts a,b) Less Than Significant Impact. The proposed project will generate greenhouse gas (GHG) emissions during both construction and operation. As mentioned in Section III (Air Quality), CalEEMod was used to quantify air quality emission projections, including greenhouse gas emissions. Construction related greenhouse gas emissions will be temporary and will end once the project is completed. Operation of the proposed project will create on-going greenhouse gases through the consumption of electricity and natural gas, moving sources, the transport and pumping of water for onsite use, and the disposal of solid waste. Table 6 provides projected short-term and annual GHG generation for the proposed project. Table 6 Woodbridge Project GHG Emissions from Construction and Operation (Metric Tons/Year) CO2 CH4 N20 CO2e Construction Activities 557.62 0.11 0.00 560.01 Operational Activities 1,101.78 1.13 0.01 1,128.44 CalEEMod model, version 2013.2.2 output tables generated 4.27.16. Values shown represent the total annual, unmitigated GHG emission projections for construction and operation of the proposed project, 2017. State legislation, including AB32, aims for the reduction of greenhouse gases to 1990 levels by 2020; however, there are currently no thresholds for greenhouse gases associated with residential developments in the SCAQMD. It is recognized that GHG impacts are intrinsically cumulative. As such, project construction and operation will be conducted in a manner that is consistent with applicable rules and regulation pertaining to the release and generation of GHG's. Statewide programs and standards will further reduce GHG emissions generated by the project, including new fuel-efficient standards for cars, and newly adopted Building Code Title 24 standards. The proposed project will have a less than significant impact on the environment from the emission of GHG's and will not conflict with any applicable GHG plans, policies or regulations. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 36 197 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Mitigation: None required. Monitoring: None required. Source: CalEEMOd Version 2013.2.2, project materials. City of Palm Springs WoodBridge Project April 2076 Initial Study/Mitigated Negative Declaration 37 198 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Vill. HAZARDS AND HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant With Significant Impact Mitigation Impact Impact Would the project: Incorporated a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ® ❑ or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or El El ❑ waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as ❑ ❑ ❑ a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ El Elpublic use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety El El hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ IR emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to El ❑ Elurbanized areas or where residences are intermixed with wildlands? City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 38 199 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Setting The proposed site is predominantly undeveloped with the exception of the former Rock Garden Caf6 remnants located on the northeast corner. The on-site surface area consists of stream deposits, including numerous boulders, and a variety of debris and household materials scattered throughout the site. According to the site specific Phase I Assessment, the debris did not appear to contain hazardous materials and further investigations were not warranted. Discussion of Impacts VII. a, b) Less Than Significant Impact. The proposed project would require the construction of 57 one- and two-story single-family homes and five two-story multi-family residential buildings. Chlorine and related chemicals will be stored and used for swimming pool/spa operation and maintenance. However, none of these will be used in sufficient quantities as to pose a threat to humans or cause a foreseeable chemical release into the environment. In 2003, a Phase I Environmental Site Assessment was conducted for APNs 508-171-006, 513-250-031, and 513,250-003 in conjunction with a development proposal. The assessment covered the currently vacant portions of the site, but did not include the Rock Garden Caf6 property as it was still in operation. No aboveground or underground storage tanks were observed, and no suspect fill connections/vents, landfills, disturbed soils or surface areas, or distressed vegetation areas were found. It was noted that there are active vapor extraction activities occurring at the Meader's Cleaners site located immediately north of the Tahquitz Creek Channel (50+ meters from the site.) These cleanup activities were preformed under the supervisions of the California Regional Water Quality Control Board and the potential for such activities to impact the project site are considered low to negligible. The construction phase would involve the use of heavy equipment, which uses small amounts of oil and fuels and other potential flammable substances. During construction, equipment would require refueling and minor maintenance on location that could lead to fuel and oil spills. The Contractor will be required to identify a staging area for storing materials. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. The use handling of hazardous materials during construction activities would occur in accordance with applicable Federal, State, and local laws including California Occupational Health and Safety Administration (CaIOSHA) requirements. Impacts will be less than significant. c) No Impact. No schools are located within one-quarter mile of the project site. The nearest school is Cahuilla Elementary located approximately 0.35 miles from the proposed site.There will be no hazardous materials-related impacts to schools. d) No Impact. The subject property is not included on a list compiled pursuant to Government Code Section 65962.3. The proposed project will not create a significant hazard to the public or environment. e,f) No Impact. The Palm Springs International Airport is located approximately 2 miles east of the subject property. The subject site is not located within the boundaries of the airport's land use compatibility plan. The site is not located in the vicinity of a private airstrip. The project will not result in safety hazards for people living or working in the area. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 39 200 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION g) No Impact. The proposed project will not significantly alter the existing circulation pattern in the project area or adversely impact evacuation plans. The primary project access point is on Belardo Road with emergency access available on South Palm Canyon Drive, an arterial roadway that runs through downtown Palm Springs. Proposed parking and circulation plans will be reviewed by the Fire and Police Departments to assure that driveways and roads are adequate for emergency vehicles. A construction plan will be required to assure that the project does not interfere with emergency access during development. h) No Impact. The project site is not susceptible to wildfires, and the proposed project will not expose people or structures to significant risks associated with wildfires. The site is located in an urban area and surrounded by development and vacant lands with sparse vegetation. The nearest wildlands are the foothills of the San Jacinto Mountains, approximately 0.6 miles to the west. (Sources: "Phase I Environmental Site Assessment, Proposed Star Canyon Village, APN: 508-171- 006, 513-250-031, 513-250-003, Palm Springs, California," Earth Systems Southwest, January 3, 2003; Envirostor map database, California Department of Toxic Substances Control, accessed October 16, 2015). City of Palm Springs Woodbridge Project April 2016 Initial Study/Mitigated Negative Declaration 40 201 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IX. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Violate any water quality standards or waste El ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table 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 El El ® Elriver, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ El ® Elriver, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or ❑ ❑ ® ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water El El ® Elquality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or ❑ ❑ ® ❑ other flood hazard delineation map? (Source: h) Place within a 100-year flood hazard area structures which would impede or redirect ❑ ❑ ® ❑ flood flows? City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 41 202 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IX. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated i) Expose people or structures to a significant risk of loss, injury or death involving flooding, El El ® El flooding as a result of the failure of a levee or dam? j) Inundation by seethe, tsunami, or mudflow? ❑ ❑ ❑ Setting The project site is located on the west side of South Palm Canyon Drive in the City of Palm Springs. Historic drainage patterns flow from the west to the east and southeast. The site contains on an existing ravine depression at its southwest corner that historically retained and conveyed water off-site during heavy rains. The applicant is proposing a retention basin at this location to maintain similar flows on the property, as well as underground stormwater storage on the easterly side of the project site. The proposed retention basin at the southwest corner will be sized to handle a volume of 17,820 cf. Stormwater volume in excess of this capacity will overflow via a 12-foot weir structure at an elevation 0.5 feet above the existing grade at the project boundary. The retention basin is much larger than the existing local depression therefore it will reduce the existing runoff at the southwest corner. Additionally, the runoff at this location will be further reduced because the 1.25 ac. onsite tributary area will be conveyed to the underground stormwater storage system to the east. The proposed underground stormwater storage is located beneath a portion of the Palm Canyon Drive landscape frontage. This underground stormwater storage system is connected to the City's Line 29 at the intersection of South Palm Canyon Drive and Mesquite Avenue. Runoff from this location will not occur until the capacity of the underground storage system is exceeded with a storm greater than the 10-year event. Line 29 is designed for Qto so it can conservatively be assumed that if the capacity of the underground storage system is exceeded. Line 29 will already be at or near peak capacity. Therefore, a system overflow outlet will be provided at the proposed southernmost driveway. This location is south of the high point in South Palm Canyon Drive and at an elevation lower than the proposed system inlets, which ensures that the runoff follows the historic drainage path. The project will also discharge an insignificant amount of runoff near the entrance at South Palm Canyon Drive.This is from the driveway area that lies between South Palm Canyon Drive and the upstream catch basin approximately 50 feet away (about 2,000 SF). This runoff will be collected by a catch basin that is proposed to eliminate local street flooding at the low spot in South Palm Canyon Drive near the project entrance. This catch basin will convey the runoff from the site and South Palm Canyon Drive via 18" RCP to the Cameron project storm drain system located directly across the street. The Cameron project storm drain was initially designed to only include the Q10 of 4.81 cfs from the 1.65 ac. of Palm Canyon Drive but was recently revised to include a total Q10 of 8.68 cfs due to the addition of a 2.29 ac. tributary area from the Tract 36914 project site. However, due to the requirement to retain the incremental increase onsite the proposed Q10 from this area is zero. As a result flooding on South Palm Canyon Drive will be reduced. City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 42 203 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Discussion of Impacts a) No Impact. The proposed project will not violate water quality standards or waste discharge requirements. The project will connect to existing sewer lines located in the immediate project vicinity. Wastewater from the site will be transported to and processed at the City's Wastewater Treatment Plant. The City contracts with Veolia Water North America for operation of the plant, and Veolia implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. The project will be required to comply with National Pollutant Discharge Elimination System (NPDES) regulations, which minimize the pollutant load associated with urban runoff. b) Less Than Significant Impact. The Desert Water Agency (DWA) provides domestic water to the proposed project area. The Desert Water Agency's primary source of water is groundwater extracted by deep wells and replenished with water from Colorado River Aqueduct. The agency also gets a lesser amount of water from regional mountain streams including Chino Creek, Snow Creek, and Falls Creek. The Coachella Valley Regional Water Management Group, including DWA, prepared an Integrated Regional Water Management Plan (IRWMP) indicating that long-term regional demand for potable water is expected to increase; however, with continued conservation measures and replenishment of groundwater, sufficient supplies will be available to meet the demand. For the proposed development, water will be required during site grading for a short-term period (during construction). At buildout, water will be required to serve the needs of the residential units, onsite private swimming pools and landscaping. The project will connect to existing water lines beneath Belardo Road and Palm Canyon Drive. No new wells or additional water infrastructure are proposed for the project water requirement. The project will be required to comply with DWA's and the City's water-efficiency requirements, including the use of drought-tolerant planting materials and limited landscaping irrigation. Implementation of these and other applicable requirements will assure that water-related impacts are reduced to less than significant levels. c-e) Less Than Significant Impact. The subject property is generally flat and contains no rivers or streams, and storm water issues associated with the development will be limited to local drainage. The proposed project will be required to retain the increased storm water runoff generated by development of the proposed project on site. Both the single-family and multi-family units are designed to drain to the streets, which convey the runoff to catch basins located along the east side of South Belardo Road and west side of South Palm Canyon Drive. As described above, these catch basins then convey the runoff through pipes to a drywell and the City's Line 29 located south of South Palm Canyon Drive. The retention basin is sized to retain the incremental increase from the 100-year storm event (17,820 cubit feet). Runoff in excess of the incremental increase will overflow from the retention basin to the underground stormwater storage on the east side of the project site. Development of the proposed site is not expected to result in substantial erosion or siltation, or generate runoff that exceeds the capacity of drainage facilities. The City Engineer will review the SWPPP, WQMP and NPDES best management practices to assure that storm flows do not exceed current volumes, and are not polluted. These standard conditions of approval will assure that impacts associated with storm flows are reduced to less than significant levels. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 43 204 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION f) Less Than Significant Impact. The proposed project will be required to comply with all applicable water quality standards. It will be connected to the City's sewer system and the proposed subsurface stormwater conveyance system will help minimize potential water quality degradation. As a result of the City's standard requirements, impacts will be less than significant. g, h) Less Than Significant Impact. The proposed project is located in the area between the limits of the 100-years flood and 500-years flood. As described in c-e) above, the project site will be designed to contain stormwater runoff from a 100-year flood event, thereby reducing impacts related to a 100-year storm event to less than significant levels. 1) Less Than Significant Impact. The subject property is located at the southeast edge of the Dam Failure Inundation Pathway of the Tachevah Creek Detention Reservoir (General Plan Figure 6-5). The reservoir is located approximately 1,200 feet downstream from the mouth of Tachevah Canyon in the San Jacinto Mountains west of the project site. If controls storm runoff and debris from a 3.2 square mile drainage area and protects the central part of the City from flooding. It is required by the California State Wafer Code to be monitored for structural safety, and potential risks and planned responses associated with reservoir failure are addressed in the City's Local Hazard Mitigation Plan. Therefore, impacts to the subject property are considered to be less than significant. j) No Impact. The proposed project site is not located in the vicinity of a body of water that can produce seiche, tsunami, or mudflow. There will be no impact. (Sources: Preliminary Hydrology & Drainage Report# 36914 (2015); Palm Springs General Plan, 2007) City of Palm Springs Woodbridge Project April 2016 44 Initial Study/Mitigated Negative Declaration 205 05 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION X. LAND USE AND PLANNING Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated 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? Setting The project site is governed by the policies and land use designations of the Palm Springs General Plan and Zoning Ordinance. The site is designated as Mixed-Use/Multi-Use on the General Plan Land Use Map. The project site is currently split zoned for Retail Business (C-1) and Multi-Family Residential and Hotel (R-3). A Planned Development District (PD 379) is proposed for the entire site to address modifications to development standards allowing for the proposed development. Discussion of Impacts a) No Impact. The project site is currently vacant with the exception of the remnants left from the demolished Rock Garden Caf6 located at the northeast corner. Development of the proposed project will not physically divide an established onsite or surrounding community.Therefore, no impacts are expected. b) No Impact. The subject site is designated for "Mixed-Use/Multi-Use" in the City's General Plan and split-zoned for Retail Business (C-1) and Multi-Family Residential and Hotel (R-3). A Planned Development District in lieu of zone change (PD 379) is proposed for the entire site to address modifications to development standards and allowing the proposed single-family and multi-family residential development. Adherence to the development standards provided by PD 379 will ensure the proposed project is consistent with applicable land use policies and regulations. There will be no impact to land use plans as a result of the proposed project. c) No Impact. The proposed project site is not located within the conservation areas as identified in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Agua Caliente Tribal Habitat Conservation Plan. However, the site is within the general boundaries of both plans; therefore, the project proponent will be required to pay applicable development mitigation fees. There will be no conflict with the Plan. (Sources: Figure 9-4, Palm Springs General Plan, 2007) City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 45 206 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XI. MINERAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Result in the loss of availability of a known mineral resource that would be of value to ❑ ❑ ❑ the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site ❑ El El on a local general plan, specific plan or other land use plan? Discussion of Impacts a, b) No Impact. The project site is located in Mineral Zone MRZ-3, which indicates an area containing mineral deposits; however the significance of these deposits cannot be evaluated from available data. The project site occurs in an urban setting and is not designated for mineral resource land uses; therefore, the proposed project would result in no impacts to mineral resources. (Sources: Figure 5-3, Palm Springs General Plan, 2007) City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 46 207 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XII. NOISE Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project result in: incorporated a) Exposure of persons to or generation of noise levels in excess of standards established in the El ❑ ® El general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ® ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ® ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ ® ❑ ❑ above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport ❑ ❑ Elor public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ El or working in the project area to excessive noise levels? Discussion of Impacts a) Less Than Significant Impact. In November 2015, Kunzman Associates, Inc. prepared the Tentative Tract Map No. 36914 Noise Analysis. The report's findings are summarized in the subsequent sections. The subject property is currently unoccupied and has been for several years, with the exception of the former Rock Garden Cafe. As such, the existing onsite noise environment is quiet. The principal noise source is vehicular traffic on adjacent roadways. The nearest sensitive receptors are single-family detached residential dwelling units located 407 feet northwest of the subject site. Project-Generated Construction Noise The proposed project will generally be completed in six phases: demolition, site preparation, grading, paving, facility construction, and application of architectural coating. During the construction phase, site grading and preparation will generate the loudest noise levels. The project proponent proposes the use of an on-site rock crusher during construction. Under load, the proposed equipment would generate noise levels of up to 85 d8A at a distance of 50 feet. As previously mentioned, the nearest sensitive City of Palm Springs WoodBridge Project April2016 Initial Study/Mitigated Negative Declaration 47 208 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION receptors are located approximately 407 feet from the project site. In the event that the rock crusher is operated at the nearest property line, noise levels associated with the crusher under load reach 67 dBA of the nearest sensitive receptors. The Municipal Code exempts construction activities from short-term, short-duration noise standards when they are conducted during permitted time frames. The City will require that construction activity comply with Section 8.04.220 of the Municipal Code, which limits construction activity to between 7 a.m. to 7 p.m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No activity is permitted on Sundays and holidays. These requirements will reduce noise impacts to less sensitive daytime hours and assure that short-term construction noise impacts will be less than significant. Short-term impacts could temporarily exceed acceptable noise thresholds. However, these impacts will be short- lived and temporary. Project-Generated Operational Noise The project will generate less than 688 daily vehicle trips upon completion and is not projected to generate enough average daily trips that would result in a significant increase in ambient noise levels. Overall, project-related noise sources will include vehicular traffic, and heating, ventilation and air conditioning (HVAC) units. The vehicle mix will be compatible with existing vehicles on surrounding roads. The proposed project is compatible with surrounding land uses, and operational noise impacts are not expected to exceed acceptable noise standards. Impacts of Off-Site Noise Sources on the Proposed Project Adjacent land uses include commercial to the east, open space to the south, and residential to the north and west. Neither of these uses is expected to generate noise levels that will adversely impact the proposed project. The site is immediately bounded by South Palm Canyon Drive on the north and Belardo Road on the west. In the General Plan, South Palm Canyon Drive is designated as a major thoroughfare with Belardo Road designated as a collector street. At General Plan buildout (year 2025), 60, 65, and 70 CNEL noise contours associated with traffic on South Palm Canyon Drive are projected to occur on the easterly portions of the project site (General Plan Figure 8-5). However, structures will be required to meet the most recent version of the California Building Code noise insulation standards, which will assure that off-site noise impacts to the project are minimized to less than significant levels. Traffic noise along these roads is not expected to adversely impact the proposed project. b) Less Than Significant Impact. Construction of the proposed project could produce ground-borne vibration and/or ground-borne noise that may be felt by adjacent land uses. The primary source of ground-borne disturbances will be operation of heavy equipment, such as bulldozers. Any ground-borne impacts will be temporary and will end once construction is complete. Long-term operation of the project is not expected to generate ground-borne vibrations or noise, and impacts will be less than significant. c) Less Than Significant Impact. As described in Xll.a, above, permanent increases in ambient noise levels will be less than significant. The primary permanent noise sources will be vehicles traveling to and from the site, grounds maintenance equipment, and HVAC units. Proposed single-family and multi-family residential uses are compatible with surrounding land uses, and project-related vehicles will be consistent with vehicles already using area roadways. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 48 209 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION d) Less Than Significant Impact with Mitigation. As described in Xll.a, above, temporary noise generated during the construction phase of the proposed project could exceed acceptable noise levels, particularly during grading and site preparation. Primary noise sources will be the operation of heavy equipment and rock crushing activities, some of which will occur in close proximity to sensitive receptors, including single-family residential development northwest of the site. A worst-case construction noise scenario was modeled using the Road Construction Noise Model (RCNM) provided by the FHWA. All equipment was modeled operating simultaneously at staggered distances from the closest single-family detached residential dwelling unit located approximately 407 feet northwest of the property line, to represent a realistic construction site. Worst-case construction noise levels could reach 66.8 dBA Leq and 64.6 Lmox at the single-family detached residential dwelling units located approximately 407 feet northwest of the property line. This represents a worst-case analysis and no intervening shielding was considered. The project developer is considering the on-site use of a rock crusher during construction. Under load, the proposed unit would generate noise levels of up to 85 dBA at a distance of 50 feet. As stated above, the nearest sensitive receptors are located approximately 407 feet from the project site. If operated along the nearest property line, noise levels associated with the crusher under load would reach up to 67 dBA at the nearest sensitive receptors. However, these impacts will be temporary and periodic and are permitted in the Municipal Code as long as they occur during specified daytime hours. The noise study also included mitigation measures to assure that construction noise impacts would be reduced to less than significant levels. Adherence to City standards will assure that impacts are less than significant. e, f) No Impact. The proposed project will not expose people residing or working in the project area to excessive aircraft-related noise. The Palm Springs International Airport is approximately 2 miles east of the subject property, and the property is outside of airport noise contours. The subject property is not located in the vicinity of a private airstrip, and no impacts will occur. Mitigation Measures MM XII-1 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (7:00 AM and 10:00 PM Monday through Saturday). MM XII -2 Haul routes shall not pass sensitive land uses or residential dwellings and should avoid using alleyways adjacent to said uses. MM XII -3 The project contractor shall use power construction equipment with state of the art noise shielding and muffling devices. MM XII -4 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration av 210 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MM XII -5 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. MM XII -6 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MM XII -7 A six-foot high barrier should be constructed to lower exterior noise levels. Masonry wall and acoustical fencing portions of the proposed barrier should descend all the way to the ground and contain no holes or openings. MM XII -8 The project developer must show evidence that wall assembly construction of rooms being utilized for residential purposes will provide an adequate exterior to interior noise reduction to achieve interior noise levels of no more than 45 dBA CNEL. (Sources: Palm Springs General Plan, 2007; "Tentative Tract Map No. 36914 Project Noise Analysis," prepared by Kunzman Associates, Inc., November 18, 2015.) City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 50 211 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XIII. POPULATION AND HOUSING Less Than Potentially Significant Less Than No Significant With Significant Impact Mitigation Impact Impact Would the project: Incorporated a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ® ❑ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? Discussion of Impacts a) Less Than Significant Impact.The proposed project will result in a residential development that has the potential to increase population in the area. The proposed development will result in 57 one- and two-story single-family units and 25 two-story condominiums units. According to the 2015 population and housing estimates provided by the Department of Finance, the City of Palm Springs has an average of 1.99 persons per household. Therefore, the project has the potential to increase the population by approximately 164 people. This represents less than 1% of the City's total population (46,611 persons, CA Department of Finance 2015). This increase in population can be expected to be consistent with natural growth in the City, and will not significantly induce growth either directly or indirectly. Access to the subject property will be taken from existing roadways (Palm Canyon Drive and Belardo Road) and the project will connect to existing utility infrastructure located immediately adjacent to the project site. Impacts are expected to be less than significant. b, c) No Impact. The subject property is currently vacant. No residents will be displaced, and no replacement housing will be required elsewhere. (Source: Palm Springs General Plan, 2007; City/County Population and Housing Estimates for Cities, Counties, and the State, prepared by the CA Department of Finance, 2015.) City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 51 212 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XIV. PUBLIC SERVICES Less Than Potentially Significant Less Than No Significant With Significant impact Impact Mitigation Impact Would the project result in: Incorporated Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® ❑ c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ Discussion of Impacts The proposed project will generate an estimated buildout population of approximately 164 residents, which represents an increase of 0.3% to the City population (46,611 persons in 2015). The project will increase the demand for public services. However, given the relatively limited population increase, impacts will not be substantial. No new or expanded public facilities will be required as a result of the project. a) Less Than Significant. The Palm Springs Fire Department is responsible for fire protection in the project area. The nearest fire station is Station 4 at 1300 La Verne Way located 1.5 miles southeast from the proposed project. Fire personnel will be able to reach the site within the target five-minute response time. The project will be properly sprinklered, and emergency access will be provided via the existing public roadway network. Project plans will be reviewed by the Fire Department to ensure they meet applicable fire standards and regulations. The project will not require the construction of new or expanded fire services or facilities. b) Less Than Significant. The Palm Springs Police Department is headquartered at 200 S. Civic Drive, approximately 2 miles east of the subject property. Police personnel will be able to access the site using existing roads and the private roads. The proposed project will be required to comply with all Police Department regulations and procedures. Project-related impacts to police services are anticipated to be less than significant. c) Less Than Significant. The proposed project will result in the construction of permanent housing. According to the 2015 population and housing estimates provided by the Department of Finance, the City of Palm Springs has an average of 1.99 persons per household. Therefore, the project has the potential to increase the population by City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 52 213 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION approximately 164 people. For this reason, the construction of 57 single-family homes and 25 multi-family units will result in a less than significant growth in the student population. Nonetheless, as a residential development, it will be required to pay State-mandated fees to mitigate any potential impacts to schools. Project-related impacts to the local school system will be less than significant. d) Less Than Significant.The City owns approximately 164 acres of public parks and 83 linear miles of trails. There are also 1,354 acres of public and private golf courses in the City (General Plan,Tables 5-1 and 5-3). The nearest park to the subject property is Baristo Park, approximately 'A mile to the east. Residents of the proposed project may increase the usage of public parks and trails; however, the increase is not expected to be substantial or result in the need for new or expanded public parks. Residents of the proposed development will have access to private pools and yard space. Impacts to parks will be less than significant. e) Less Than Significant Impact. Impacts to other public facilities will be less than significant. The proposed project will be accessed from existing roads and will connect to existing utility infrastructure. No new public roads or public transportation facilities will be required. (Sources: Palm Springs General Plan, 2007; City/County Population and Housing Estimates for Cities, Counties, and the State, prepared by the CA Department of Finance, 2015.) City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 53 214 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XV. RECREATION Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Increase the use of existing neighborhood and regional parks or other recreational facilities ❑ ❑ ® ❑ such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ® ❑ recreational facilities, which might have an adverse physical effect on the environment? Discussion of Impacts a, b) Less Than Significant Impact. The proposed project will be 57 one- and two-story single- family units and 25 two-story condominium units. The amenities of the development include a pool area and a common open space. The proposed project will not induce substantial population growth that will result in significant impacts to existing recreational facilities. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 54 215 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XVI. TRANSPORTATION/TRAFFIC Less Than Potentially Significant Less Than No Significant With Significant Impact Mitigation Impact Impact Would the project: Incorporated 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 El El ® El 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 level of service standard established by the El ❑ ® ❑ county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ El Elchange in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El Elintersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? Setting The proposed project is located in the city of Palm Springs' urban core and is surrounded by existing streets, including Belardo Road, Sunny Dunes Road, Palm Canyon Drive (111B), and Mesquite Avenue. The access to the subject property is through the gated driveway on Belardo Road. An emergency access road will be provided on Palm Canyon Drive. Discussion of Impacts a, b) Less Than Significant Impact. The following traffic analysis was based upon a variety of sources, including the General Plan Circulation Element, the Institute of Transportation Engineers Trip Generation, 91h Edition Manual, and the project specific Traffic Engineering Assessment Memorandum (George Dunn Engineering, April 2016.) The Manual categories used for project analysis include No. 210 (single family homes), and No. 230 (residential condo/townhouse). The proposed uses within the project are consistent with these land use categories. City of Palm Springs Woodbridge Project April 2016 Initial Study/Mitigated Negative Declaration 55 216 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Traffic analysis for existing site conditions was based on existing land use trip generation rates. Although the Rock Garden Cafe building was recently demolished, the trip generation forecast was prepared under the assumption that the existing land use is in operation, or could be in operation. Therefore, the Manual category used for the existing site condition analysis is No. 932 (high-turnover sit-down restaurant), which correctly describes operation of the Rock Garden Cafe. The applied measures of effectiveness for the performance of the circulation system were derived from applicable City and County standards. The City of Palm Springs has established a goal for both intersection operations and roadway link segment operations of Level of Service (LOS) D or better. Existing Conditions The majority of the project site is currently undeveloped with the exception of the Rock Garden Cafe remnants. According to George Dunn Engineering, the former restaurant could have generated approximately 1,272 daily vehicle trips or average daily trips (ADT), with 59 ADT expected to be generated in the morning peak hour and 59 ADT in the evening peak hour. Existing General Plan conditions indicate that Belardo Road and Palm Canyon Drive are operating at LOS A. Future General Plan Build out condition (2025) indicate that Belardo Road and Palm Canyon Drive will continue to operate at LOS A. Project Impacts Trip generation for the project site was calculated by land use type using the reference Trip Generation, 9rh Edition Manual as previously discussed. Based on the Trip Generation Forecast, upon build out, the project will generate approximately 688 daily vehicle trips or average daily trips (ADT), with 13 ADT expected to be generated in the morning peak hour and 45 ADT in the evening peak hour. The proposed project will generate approximately 584 fewer daily trips than the former restaurant. Therefore, development of the proposed project will have less than significant impacts on level of service standards and will not lead to a substantial increase in traffic. c) No Impact. The development of the proposed project will have no impact on the facilities or operations of regional airports, and will not result in a change in air traffic patterns, including an increase in traffic levels. The project is located more than 2 miles west of the Palm Springs International Airport. The proposed development will not affect the operations of the airport nor create substantial safety risks. d) No Impact. City design guidelines will be considered for the development of proposed project not to create a substantial increase in hazards due to a design feature. Project access points are proposed for Belardo Road and South Palm Canyon Drive. The project's access points will be located with adequate sight distances, and project- generated traffic will be consistent with existing traffic in the area. e) No Impact. Access to the planning area is via major arterials, secondary arterials. Highway 111, Interstate-10, and a variety of local roads. Emergency access will be provided and preserved onsite. Both the Fire Department and Police Department will review project plans to ensure safety measures are addressed, including emergency access.The proposed project will not result in inadequate emergency access. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 56 217 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I) No Impact. SunLine Transit operates bus routes along South Palm Canyon Drive and will provide public transit access to the proposed project. SunLine has adequate capacity in its system to accommodate the proposed project. The project design will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. (Sources: Palm Springs General Plan 2007;Trip Generation Srh Generation, Institute of traffic Engineers Trip Generation, 9'h Edition) City of Palm Springs WoodBridge Project April 2016 57 Initial Study/Mitigated Negative Declaration 21 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XVII. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated 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 El El ® El facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements El El ® Eland resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to El El ® El the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ® ❑ waste disposal needs? g) Comply with federal, state, and local statutes ❑ El ® Eland regulations related to solid waste? Discussion of Impacts a-e) Less Than Significant Impact. Wastewater Treatment The proposed project will tie into the existing sanitary sewer lines located in Belardo Road and South Palm Canyon Drive and wastewater will be transported to the City's Wastewater Treatment Plant (WTP). The proposed project will generate up to 20,000 gallons per day in wastewater flows. The WTP has a capacity of 10.9 million gallons per "City of Palm Springs Sewer Master Plan," February 2009. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 58 219 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION day (mgd) and treats approximately 6 mgd. and therefore has available capacity to serve the new project. The proposed project will add 0.3% to the current treatment levels at the plant. Its flows represent 0.2% of the plant's total capacity. The proposed project will therefore have a less than significant impact on wastewater treatment capacity. The sewer lines for this project will connect to existing sewer lines located in the immediate project vicinity. Wastewater from the site will be transported to and processed at the City's Wastewater Treatment Plant. The City contracts with Veolia Water North America for operation of the plant, and Veolia implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. The project will be required to comply with National Pollutant Discharge Elimination System (NPDES) regulations, which minimize the pollutant load associated with urban runoff. The proposed project will therefore have a less than significant impact on wastewater treatment capacity. The WTP implements all applicable requirement of the Colorado River Basin Regional Water Quality Control Board, and no exceedances of wastewater treatment requirements are anticipated. Domestic Water The Desert Water Agency (DWA) provides domestic water services to the subject property.The proposed project has the potential to generate a demand of±65 acre-feet annually2. Since the proposed project will be subject to the 2013 Building Code requirements, it is likely that its water use will be less, because the Building Code requirements mandate greater efficiency than previous codes applied to existing development in the area. The proposed project will be required to implement all water conservation measures imposed by DWA under normal as well as drought conditions over the life of the project. These include requirements of the recently signed Executive Order B-29-15, mandating reductions in water use by 36% in the Coachella Valley. DWA has, in response to the Executive Order, adopted restrictions on water use that include limiting days on which landscaping can be irrigated; a prohibition on the use of fountains or water features: a prohibition on irrigation by any means other than drip or micro-spray systems; and a requirement that hotels offer their guests the option of not having towels and linens laundered daily. Furthermore, should additional restrictions or regulations be implemented, the proposed project shall be required to comply with them as well. DWA is part of the Coachella Valley Regional Water Management Group, which prepared an Integrated Regional Water Management Plan (IRWMP) in 2013. The Plan analyzes the region's water needs and indicates that the long-term demand for domestic water will increase throughout the region, but conservation measures and replenishment programs will make it possible for DWA to meet increasing demand. The proposed project will tie into existing domestic water lines in Belardo Road and South Palm Canyon Drive. No new wells or additional water infrastructure or entitlements will be required. 2 Coachella Valley Water District Annual Factor by Development Type, "Water System Backup Facilities Charge Study," December 2012. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 59 220 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Stormwater Management Offsife Drainage The project site is subject to offsite runoff from the west of South Belardo Road. This tributary area is approximately 19 acres. The generated runoff is conveyed to the east side of South Belardo Road via two separate culvert systems, culvert system 3 and culvert system 4B. Culvert System 3 is located near the southwest corner of the site and Culvert System 4B is located near "A" Street. Culvert System 4A includes catch basins and connector pipes and discharges street runoff from South Belardo Road into Culvert System 4B. Each of these culvert systems discharges to a well-defined watercourse that flows southerly along the east side of South Belardo Road. However, this natural drainage channel has no outlet to either South Palm Canyon Drive or Mesquite Avenue. Therefore, runoff passing under South Belardo Road from the west in Culvert Systems 3 and 4B, and the minimal street runoff from Culvert System 4A, is disposed of via evaporation and/or infiltration. Onsite Drainage Onsite stormwater runoff exits the project site at three proposed locations; the retention basin located at the southwest corner, the underground storage on the east side of the site, and through the proposed storm drain connection to Line 29. The proposed retention basin at the southwest corner will have a volume of roughly 17,820 cubic feet. Stormwater volume in excess of this capacity will overflow via a 12-foot weir structure at an elevation 0.5 feet above the existing grade at the project boundary. Additionally, the runoff at this location will be further reduced because the 1.25 ac. onsite tributary area will be conveyed to the underground stormwater storage system on the east side of the site. Project-related impacts to stormwater management systems are expected to be less than significant. The proposed project will produce a maximum incremental increase volume of 39,576 cf.; however, the incremental increase volume will be stored in an onsite retention basin located near the southwest corner of the site, and underground stormwater storage located on the east side of the project, unless an alternative design is approved by the City Engineer. Onsite runoff will be conveyed to the retention basin and underground stormwater storage through internal streets. Stormwater will be conveyed to the drywell through the catch basins. Drywell, furthermore, overflows into the bottom of the retention basin that is designed to retain the incremental increase from the 100-year storm event with a maximum water depth of five feet plus one foot of freeboard. In case of excess runoff into the retention basin, the retention basin will direct the overflow to the underground stormwater storage and down the driveway to South Palm Canyon Drive and back to the historical drainage path. f, g) Less Than Significant Impact. Palm Springs Disposal Services (PSDS) provides solid waste collection and disposal services to the City and will serve the proposed project. Solid waste is transported to the Edom Hill Transfer Station in northern Cathedral City and disposed at one of three regional landfills: 1) Lamb Canyon Landfill in Beaumont, which has a remaining capacity of 18.9 million cubic yards (2009), 2) Badlands Landfill in Moreno Valley, with a remaining capacity of 14.7 million cubic yards (2010), and 3) El Sobrante Landfill in Corona, with a remaining capacity of 14.5 million cubic yards (2009). Each landfill has available capacity to serve additional development. Facility operators, City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 60 221 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION including PSDS, Burriec, and Riverside County Waste Management, are required to meet all local, regional, state, and federal standards for solid waste disposal. City of Palm Springs WoodBridge Project April 2016 61 Initial Study/Mitigated Negative Declaration 222 2Z INITIAL STUDY/MITIGATED NEGATIVE DECLARATION XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Does the project: Incorporated a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a El ® ❑ ❑ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when ❑ ❑ ® ❑ viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ® ❑ either directly or indirectly? a) Less Than Significant with Mitigation Incorporated. Biological Resources Amec Foster Wheeler prepared a general biological resources assessment for the proposed project area, which shows that the proposed project will not significantly reduce fish or wildlife habitat or otherwise adversely impact a fish or wildlife species. The quality of native habitat on the subject site is fairly low due to previous site alterations and degradation caused by development and other human activity for many decades. Literature review, site analysis, and professional knowledge of the project area indicate that as many as 52 sensitive biological resources have the potential to occur in the general vicinity of the project site. However, no sensitive species were observed or detected on site during the biological surveys. As the subject property has been disturbed by development and other human activity, the site does not serve as an animal migratory or nursery site, and is not known to contain sensitive species or communities. Cultural Resources As described in Section V, Cultural Resources, the subject property contained un- recorded subsurface artifacts meriting an expansion of survey boundaries (33-9196/CA Riv-45, Locus O). Based on the Archaeological Investigation (CA-RIV-45, Locus O; June 1, City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaratil 2 3 62 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 2015), there is a high possibility of subsurface deposits, artifacts and additional features in the subject area. For this reason, a Native American Monitor shall be present during all ground disturbing activities to minimize the impacts. Mitigation is further described in Section V. Mitigation measures will be required to protect any loss of cultural resources. b) Less Than Significant Impact. The project's contribution to the cumulative impacts of development in the City and broader Coachella Valley will be less than significant because the project will take place on an already partially developed site; however, these impacts will be less than significant levels through implementation of demolition and grading requirements that minimize fugitive dust. c) Less Than Significant Impact. Compared to existing conditions, the project will result in increases in air pollutant emissions. However, no thresholds of significance will be exceeded during construction or operation, and adverse impacts are expected to be less than significant. City of Palm Springs WoodBridge Project April 2016 Initial Study/Mitigated Negative Declaration 63 224 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES: "City of Palm Springs Sewer Master Plan," February 2009 "Cultural Resources Inventory of the Proposed Blade Development Project, South Palm Canyon Drive, Palm Springs, California", prepared by ASM Affiliates, Inc March 2015; Archaeological Investigation for Woodbridge Pacific Group, prepared by ASM Affiliates, Inc, June 2015. "A Cultural Resources Survey And Evaluation For The Star Canyon Development Project, Palm Springs, California", January 2000; Palm Springs General Plan, 2007 "General Biological Resources Assessment-Rock Garden Project", Amec Foster Wheeler "Phase I Environmental Site Assessment, Proposed Star Canyon Village, APN: 508-171-006, 513- 250-031, 513-250-003, Palm Springs, California," Earth Systems Southwest, January 3, 2003; Envirostor map database, California Department of Toxic Substances Control, accessed October 16, 2015 "Riverside County Important Farmland 2010 Map," sheet 2 of 3, California Department of "Tentative Tract Map No. 36914 Project Noise Analysis," prepared by Kunzman Associates, Inc., November 18, 2015. CA Department of Finance, 2015 City/County Population and Housing Estimates for Cities, Counties, and the State, prepared by the Coachella Valley Water District Annual Factor by Development Type, "Water System Backup Facilities Conservation, published January 2012 Environment & Infrastructure, Inc., prepared October 30, 2015 Figure 5-3, Palm Springs General Plan, 2007 Palm Springs General Plan, 2007 Preliminary Hydrology & Drainage Report# 36914 (2015) Preliminary Hydrology & Drainage Report# 36914 (2016) "Tentative Tract Map No. 36914 Project Noise Analysis," prepared by Kunzman Associates, Inc., November 18, 2015. Trip Generation 8rh Generation, Institute of traffic Engineers Trip Generation, 9W Edition City of Palm Springs WoodBridge Project April 2016 64 Initial Study/Mitigated Negative Declaration 225 i Attachment 11 226 CITY OF PALM SPRINGS PUBLIC NOTIFICATION a Date: September 21, 2016 Subject: Case 5.1278 —Woodbridge Pacific Group AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on September 10, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. nj�,Ac& Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on September 8, 2016. 1 ` nd declare under penalty of perjury that the foregoing is true and correct. C Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 8, 2016, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (66 notices) I declare under penalty of perjury that the foregoing is true and correct. WdA4�- Kathie Hart, MMC Chief Deputy City Clerk zz� C,c,rGr p` HIMe- � ' MR PETS MORUZZI PALM SPRINGS MODERN COMMITTEE P.O. BOX 4738 PALM SPRINGS,CA 92263A738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT " "T ' ATTN SECRETARY/5.1378 PD 379 PO BOX 2743 PALM SPRINGS, CA 92263-2743 MRS PATRICIA GARCIA-PLOTKIN, MS MARGARET PARK, DIRECTOR DIRECTOR jJ{ AG CALI ENTE BAND OF CAHUILLA TRIBAL PRESERVATION OFFICE0 -_ ADMIMKNDANS AG CAIEN BAND OF CAHUILLA PLANNING&DEVELOPMENT DEPT. INDIANS 5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 MR JOSEPH ONTIVEROS MR FRANK TYSEN "" SOBOBA BAND OF LUISENO INDIANS CASA ODY INN CULTURAL RESOURCES MANAGER 175E CAHUILL175 S. CAHUILLA ROAD EMM t . �l,_a P.O. BOX 487 PALM SPRINGS, CA 92262 SAN JACINTO, CA 92581 MR RAYMOND HUAUTE MS JACQUELYN BARNUM CULTURAL RESOURCE SPECIALIST ENVIRONMENTAL DIRECTOR CABAZON BAND OF MISSION INDIANS T 1 M 700 PUM BAND OMISSION INDIANS 84-245 INDIO SPRINGS 12700 BANNING, CA 9 ROAD PARKWAYINDIO,CA 92203 BANNING,CA 92220 MR MICHAEL MIRELEZ MR DOUG TODD WELMAS M. CULTURAL RESOURCE COORDINATOR ! ?� TORRES MARTINEZ DESERT CAHUILLA TRIBAL CHAIRMAN INDIANS CABAZON BAND OF MISSION INDIANS P.O. BOX 1160 84-2451NDI0 SPRINGS PARKWAY THERMAL, CA 92274 INDIO, CA 92203 eTw ZARAI ee PAR RANDY RI ANG-HARD oei r.n renrvnni a� i i r 26342 OSO PARKWAY,#210 AI I-I CA 92691 onoan w e nrnrin eToocT #269 uITFC MR JAIME WALTON, LANDSCAPE noT NPI- RFA re 92660 42575 nnn enuo of nro eTe o 1793 W.ARROW HIGHWAY on1 h en CQCDT re 92211 UPLAND, CA 91786 MR STEVE ZABALA MR JOHN RODRIGUEZ MR SAMIR HANNOUCHE,ARCHITECT WOODBRIDGE PACIFIC GROUP, LLC HEITEC 20250 SW ACACIA STREET,#145 27271 LAS RAMBLAS#100 777 E.200TAHQUITZ CANYON WAY, STE. NEWPORT BEACH, CA 92660 MISSION VIEJO, CA 92691 PALM SPRINGS, CA 92262 377 508 132 046 508 161002 508 162 005 Anthony J Venti 'Riverside County Flood Cont Prop Whitehead 694 S Palm Canyon Dr 1995 Market St 4511 E Sunny Dunes Rd#B Palm Springs, CA 92264 Riverside, CA 92501 Palm Springs, CA 92264 508 171007 508 171013 508172005 Riverside County Flood Cont Riverside County Flood Cont eron LLC1995 Market St 1995 Market St nyonDrL4 Riverside, CA 92501 Riverside, CA 92501 CA 92264 508 172 007 508 172 008 508 172 010 Rref II-Dc eron LLC g Riverside County Flood Cont Riverside County Flood Cont 850 S P m Canyon Dr N 1 1995 Market St 1995 Market St Pal prings, CA 92264 Riverside, CA 92501 Riverside, CA 92501 508 172 012 508 291004 508 291 005 Riverside County Flood Cont James Paul Crippan Mohammad Hishmeh 1995 Market St 145 E Mesquite Ave 153 E Mesquite Ave Riverside, CA 92501 Palm Springs, CA 92264 Palm Springs, CA 92264 508 291029 508 291032 513 250 014 Erminia M Verlengia Jacob Azar Chevrolet M agruder , ✓ 1080 S Palm Canyon Dr 185 E Mesquite Ave 999 5 P Canyon Dr /CIT Palm Springs, CA 92264 Palm Springs, CA 92264 Pal prings, CA 92264 513 250 032 513 291003 513 291004 Riverside County Flood Cont Keszte Ev ovacs r „{ Clay E Sterzik 1995 Market St 303 Bi anyon Dr S ' I 311 Big Canyon Dr S Riverside, CA 92501 PaK Springs, CA 92264 Palm Springs, CA 92264 513 291005 513 291 007 513 291 031 Cindy Anderson Reising John Family Brian P Sullivan 319 Big Canyon Dr S 335 Big Canyon Dr S 320 Big Canyon Dr S Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 51ZH 513 300 058 513 300 062 Chlm Springs Hyatt Parkview Mobile Estates Tahquitz Ca on Trailer Park�11 84d J 1 211 W Mesquite Ave P.O. Bo 828In1 Palm Springs, CA 92264 Bev y Hills, CA 90212 ® label size 1"x 2 5/8"compatible with Avery 05160/8160 aS Etiquette de format 25 mm x 67 mm compatible avec Avery 0516018160 S. 43 78 � / C.v you, C'6 508 132 011 508 132 045 '508 132 054 OCCUP/Linns OCCUPANTS OCCUPANT 396 E Rd 682 S Palm Canyon Dr 400 E S ny Dunes Rd Palm S2264 Palm Springs, CA 92264 Pal_ prings, CP 92264 508 162 001 508 162 002 508 162 003 OCCUPANTS OCCUPANTS OCCUPA S 1" ' 335 E Sunny Dunes Rd 375 E Sunny Dunes Rd 385 unny Dunes Rd Palm Springs, CA 92264 Palm Springs, CA 92264 P Springs, CA 92264 508 162 004 '508 162 008 508 162 013 OCCUPANTS OCCUPANTS OCCUPANTS 401 Industrial PI 505 E Industrial PI 495 5 Industrial PI Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 508 163 009 508 171011 508 291 00 I OCCUP SI OCCUPANTS OCCUP TS ILFI 510 dustrial PI 725 S Palm Canyon Dr 137 Mesquite Ave Pa Springs, CA 92264 Palm Springs, CA 92264 Klm Springs, CA 92264 508 291007 508 291024 508 291025 OCCUPANTS OCCUPANTS OCCUPANTS 175 E Mesquite Ave 166 E Palo Verde Ave 158 E Palo Verde Ave Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 508 291026 508 2910 508 291 028 OCCUPANTS OCCUP TS 1- OCCUPANTS 150 E Palo Verde Ave 13 Palo Verde Ave 114 E Palo Verde Ave Palm Springs, CA 92264 Im Springs, CA 92264 Palm Springs, CA 92264 508 29103�4Z 508 291035 508 292 001 44 OCCUPA TS �� OCCUPANTS 0CCUPA 1000 Palm Canyon Dr 165 E Mesquite Ave 110D alm Canyon Dr P Springs, CA 92264 Palm Springs, CA 92264 P Springs, CA 92264 508 292 0?1 508 292 0 513 290 010 OCCUP TS r OCCUP TS OCCUPANTS 114 Palm Canyon Dr 114 Palm Canyon Dr 665 S Palm Canyon Dr P Springs, CA 92264 P m Springs, CA 92264 Palm Springs, CA 92264 513 290 011 513 290 012 513 290 013 T� OCCUPANTS OCCUPANTS OCCUPA 675 S Palm Canyon Dr 691 S Palm Canyon Dr 190 unny Dunes Rd Palm Springs,CA 92264 Palm Springs,CA 92264 P Springs, CA 92264 513 290 014 513 291001 513 291002 OCCUPANTS OCCUPANTS OCCUPANTS 611 S Palm Canyon Dr 640 Big Canyon Dr E 646 Big Canyon Dr E Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 ® label size 1"x 2 518"compatible with Avery°5160/8160 a Etiquette de format 25 mm x 67 mm compatible avec Avery 85160/8160 3 513 291008 513 300 006 513291006 ✓ OCCUPANTS OCCUPANTS OCCUPANTS 343 Big Canyon Dr S 1001 S Palm Canyon Dr 327 Big Canyon Dr S palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 513 300 007 OCCUPANTS 1001 S Palm Canyon Dr Palm Springs, CA 92264 c�. label size 1"x 2 518"compatible with Avery 05160/8160 Etiquette de format 25 min x 67 mm compatible avec Avery 05160/8160 CITY OF PALM SPRINGS PUBLIC NOTIFICATION 4' Date: September 21 , 2016 Subject: Case 5.1278 — Woodbridge Pacific Group AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on September 10, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. nllk& Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on September 8, 2016. 1 `d/e'cl`are,under penalty of perjury that the foregoing is true and correct. �J�t & Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 8, 2016, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (66 notices) I declare under penalty of perjury that the foregoing is true and correct. Wct.&J' Kathie Hart, MMC Chief Deputy City Clerk 227 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1378 PD 379 /ZC / 3.3876-MAJ / TTM 36914 WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65 LLC NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of Wednesday, September 21, 2016. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider a proposal to construct a residential project consisting of 56 detached single-family residential dwelling units and 25 multi-family residential condominium units on a 12.4-acre site located at 777 South Palm Canyon Drive, zone C-1 and R-3. The applications include a Planned Development District in lieu of zone change (Case 5.1378 PDD 379) to establish the project site plan, permitted uses and development standards, a Major Architectural Application (Case 3.3876 MAJ) to review proposed architectural designs, and a Tentative Tract Map (Case TTM 36914) to subdivide 12.4-acres into individual ownership and common area lots with private streets. This project was reviewed and continued by the City Council on July 6, 2016. ENVIRONMENTAL DETERMINATION: An Initial Study was prepared for the project, and it determined that the project would have less than significant impact with the incorporation of mitigation measures. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. A 20-day public review period for the Draft Mitigated Negative Declaration concluded at 5:00 p.m. on May 24, 2016. Copies of the Mitigated Negative Declaration and Initial Study are available for review at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs and at the Palm Springs Public Library. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by email at cityclerkC@Palmsprings-ca.gov, or letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David Newell, Associate Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. mes Thompson, City Clerk Z27 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1378 PD 379 / ZC / 3.3876-MAJ / TTM 36914 WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65 LLC NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of Wednesday, September 21, 2016. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider a proposal to construct a residential project consisting of 56 detached single-family residential dwelling units and 25 multi-family residential condominium units on a 12.4-acre site located at 777 South Palm Canyon Drive, zone C-1 and R-3. The applications include a Planned Development District in lieu of zone change (Case 5.1378 PDD 379) to establish the project site plan, permitted uses and development standards, a Major Architectural Application (Case 3.3876 MAJ) to review proposed architectural designs, and a Tentative Tract Map (Case TTM 36914) to subdivide 12.4-acres into individual ownership and common area lots with private streets. This project was reviewed and continued by the City Council on July 6, 2016. ENVIRONMENTAL DETERMINATION: An Initial Study was prepared for the project, and it determined that the project would have less than significant impact with the incorporation of mitigation measures. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. A 20-day public review period for the Draft Mitigated Negative Declaration concluded at 5:00 p.m. on May 24, 2016. Copies of the Mitigated Negative Declaration and Initial Study are available for review at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs and at the Palm Springs Public Library. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by email at cityclerk palmsprings-ca.gov, or letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David Newell, Associate Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. mes Thompson, City Clerk Z28 ^ot Yiiy m,F4y N Department of Planning Services W e ��4FOMN Vicinity Map S RIC R3 t1 R2R2 ( j R2 R2 ... -- - CAMIN O PAR OCELA O PD =R2 PO R1 A .R2 pj _ C2 R2 ,.. 1 R2 - ; R3 C2 , CM CU SUNNY.DUNES'RD ._ 'C21 EMV"q"2)USC7-MRI,4Cp—, R2 C2 lC2.\L„ 020 W k.RlVpR3�b�bR� R3 W R3 C1 C1 w, R3 of C2 y R2 MESQUITE AVE q RIC . .. . ... .. . � MESQUITE AVE Ool C1 R2 R3 RIC Legend J z C1 m --- Z PA,LOVERDE AVE m O } C1 R2 Site j C1 .... RIC - - v C7 R2 Q500$ Site Radius PU --� OCOTILLO AVE n aZoning C7 R2 RIC .............. Parcels MORONOO RD PD C1 R2 ( ;RIC CITY OF PALM SPRINGS zz� N Department of Planning Services W E Vicinity Map S RIC R3 CI Ct R2 -R2.- R'2 - --R2 R2 R2- --- - CAMINOPAROCELA O PO 0 PU R2 K R1 A Q { 112 m C2 R2 R2 m R3 C2 - CM _... Cu SUNNY.DUNES-RD ._. 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CITY OF PALM SPRINGS zz� Kathie Hart From: Plantemp Sent: Monday, September 12, 2016 9:59 AM To: Baristo Neighborhood Organization; Deepweel Neighborhood Organization (boblesps@dc.rr.com); Historic Tennis Club Neighborhood Organization;Tahquitz River Estates; Parkview Mobie Estates (psie92262@gmail.com); Warm Sands Neighborhood Organization Cc: Edward Robertson; Kathie Hart Subject: Case 5.1378 PHN City of Palm Springs City Council Meeting September 21, 2016 Attachments: 5.1378 PHN 09 212016.pdf Please find the attached Public Hearing Notice for the City Council of the City of Palm Springs meeting on Wednesday, September 21, 2016 at 6:00 p.m., for the proposed project within''/2 mile of your neighborhood organization. rThank you, Ld"19� Lovely Anglin City of Palm Springs Planning Services Department 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 323-8360 Email: plantemp@palmsprinas-ca.Pov 1 Kathie Hart From: Plantemp Sent: Monday, September 12, 2016 9:59 AM To: Baristo Neighborhood Organization; Deepweel Neighborhood Organization (boblesps@dc.rr.com); Historic Tennis Club Neighborhood Organization;Tahquitz River Estates; Parkview Mobie Estates (psi e92262@gmaiLcom);Warm Sands Neighborhood Organization Cc: Edward Robertson; Kathie Hart Subject: Case 5.1378 PHN City of Palm Springs City Council Meeting September 21, 2016 Attachments: 5.1378 PHN 09 212016.pdf Please find the attached Public Hearing Notice for the City Council of the City of Palm Springs meeting on Wednesday, September 21, 2016 at 6:00 p.m., for the proposed project within %: mile of your neighborhood organization. Thankyou, tavet�f Lovely Anglin City of Palm Springs Planning Services Department 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 323-8360 Email: plantemp(@Dalmsprings-ca.gov 1 z�a Kathie Hart From: Plantemp Sent: Thursday, September 08, 2016 5:37 PM To: 'Baristo Neighborhood Organization; 'Deepweel Neighborhood Organization'; 'Historic Tennis CVlub Neighborhood Organization'; 'Tahquitz River Estates NO'; 'Parkview Mobie Estates'; 'Warm Sands Neighborhood Organization' Cc: David Newell; Kathie Hart; Terri Hintz Subject: CUP 5.1378 Public Hearing Notice for City Council Meeting September 21, 2016 Attachments: 5.1378 PHN 09 212016.pdf Please find the attached Public Hearing Notice for the City Council Meeting for Wednesday, September 21, 2016 of the proposed project within''/2 mile of your neighborhood organization. Thank you, t"11!1y. Lovely Anglin City of Palm Springs Planning Services Department 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 323-8360 Email: plantemp@palmsprings-ca.gov 1 230 Kathie Hart From: Plantemp Sent: Thursday,September 08, 2016 5:37 PM To: 'Baristo Neighborhood Organization'; 'Deepweel Neighborhood Organization'; 'Historic Tennis CVlub Neighborhood Organization'; 'Tahquitz River Estates NO'; 'Parkview Mobie Estates'; 'Warm Sands Neighborhood Organization' Cc: David Newell; Kathie Hart;Terri Hintz Subject: CUP 5.1378 Public Hearing Notice for City Council Meeting September 21, 2016 Attachments: 5,1378 PHN 09 212016.pdf Please find the attached Public Hearing Notice for the City Council Meeting for Wednesday, September 21, 2016 of the proposed project within %: mile of your neighborhood organization. Thank you, ( IovN Lovely Anglin City of Palm Springs Planning Services Department 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 323-8360 Email: plantempPpalmsprings-ca.gov t 231 I Attachment 11 231 Law Offices of Babok Noficy September 21, 2016 Via Email Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 cit clerkci)palmsprings-ca.�ov RE: September 21, 2016 City Council Agenda Woodbridge Project (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914) 1504 Marsh Street San Luis Obispo Honorable Council Members, California 93401 ph:805-593-0926 I submit these comments on behalf of Advocates for Better Community Development fax:SOS-593-0946 ("ABCD") in connection with your upcoming consideration of the proposed Woodbridge Project. As I argued in my July 6, 2016, letter, as proposed, the Project should be denied bobckncncv gsb.0_1oDa...nel for a host of reasons, including its inconsistency with the General Plan Policy barring vehicular gates and encircling walls. This Project is also a very poor example of the City's continued reliance on the Planned Development ("PDD") process to essentially ignore the underlying development standards in order allow developers to design projects without regard to minimum setbacks, open space, etc. I incorporate by reference my previous comments and urge you not to approve this project. I recognize the Project has been slightly modified to address some of the design flaws this Council identified at its July 6a' hearing. For example, the applicant has apparently agreed to a ten foot setback between single-family residences and has added a small public park. These proposed changes do not address some of core problems with the Project. The Project's Public Benefit are Inadequate The City's own regulation prevents the Council from approving a PD unless the benefits of the project are roughly proportional to the proposed deviations from existing zoning regulation and development standards. The Staff Report, however, does not analyze the relationship between the alleged benefits of the project and the extent to which this project would be allowed to deviate from the underlying development standards (which presumably apply to every other project in the City.) The Project's public benefits are ephemeral in that they mostly benefit the Project itself more than they do the public. The onsite open space, for example, will likely mostly benefit the Project's future residents. Likewise, landscaping along the Project's perimeter substantially benefits the Project itself. Where is the benefit to the public? The Proposed Mitigated Negative Declaration ("MND") is inadequate The Planning Commission determined that onsite rock crushing would create a significant a significant noise impact and adopted a condition of approval prohibiting rock-crushing. The applicant continues to refuse to comply with this condition. Even if the City Council should choose to ignore the Planning Commission's finding and allow onsite rock-crushing, the City must prepare a focused Environmental Impact Report ("EIR")to adequately analyze the Project's potential noise impact. The focused EIR must also analyze whether rock-crushing can cause a localized but significant air quality impact associated with emission of PM10 and PM 2.5. The Planning Commission's determination that rock-crushing would result in a significant impact amounts to substantial evidence supporting a fair argument that the Project as proposed would result in a significant environmental impact. Moreover, the Initial Study/MND's analysis of the Project's consistency with the Noise Ordinance is flawed. While it is true the Municipal Code exempts "construction activities from short-term, short-duration noise", it is not at all clear that extensive rock crushing such as being proposed here can be considered construction activity in the first place. Moreover, it will not be short-term, as it will be carried on for at least 90 days or more, and it will not be short duration, as it will be ongoing all day long. As such, the City would be required to prepare a focused Environmental Impact Report to analyze the impacts caused by rock-crushing, and consider appropriate feasible mitigation measures and alternatives. Conclusion The Project should be denied. Ba6uk /Vaf(ict Babak Naficy, Counsel for ABCD cc. Flinn Fagg i' ' � 1 - - Y / b i� y 1 y -1� :.,a�� l / � �—•Ci � �_ .y. `', tn. _ ' �r ✓, � t.♦ � r..ys \�y�.. � ~ � � — �f 4 �_ . 1 1 � • y� 4 � y *. r r y S � \R RECEIVED u , , M1 SEP n :- 2016 PLANNING SERVICES DEPARTAICKIT �.. _ A4 PLAN 1 B _t„ _ = /;.AJ I1 AM 14, S \ • f. a R' ., n f • �1C 1 2 1 .�1 �y yy S i[ l z �j Xl j Iy� },fir ��, 1•\ L��• 1 AL t / S 1 4 � /4y 7 '• L wi I rr je le r Y + r sr w ,�,\'•r � � • ry��;� � � •S � Iv Ir a , 1is y • 1 . k f se Y �^4 r Y •7 Jr •. OWIMEM off r •� r i , 4 fy� '2c IJ p � } y } o� f JL�:.. Qa Po J4- J 5.' s a, Judy Deertrack 1333 South Belardo Road,Apt 510 Palm Springs, CA 92264 Wednesday, September21, 2016 To the City Council Palm Springs, California 2.A. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF 56 SINGLE-FAMILY RESIDENCES AND 25 MULTI- FAMILY RESIDENTIAL CONDOMINIUMS ON A 12 38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A MITIGATED NEGATIVE DECLARATION ZONE C-1 & R-3 (CASE NOS. 5.1378 PD-379 ZC 3.3876 MAJ AND TTM 36914): To the Honorable City Council: I have attached a planning assessment to the above item 2A that shows how pervasively this project fails to conform to the policies of the General Plan, particularly its Multi-Use/Mixed Use Classification, and the requirement of Multi-Family Residential. Instead, Single-Family Residential has been proposed at densities below the required threshold. The attached General Plan sections show the enormity of the break from the General Plan, a pattern and practice the city has approved over the last ten or eleven years with its overuse of the PDD mechanism. Along with this, I have attached the Fourth District Court of Appeal Decision which has invalidated the City's General Plan Amendment that eliminates minimum density thresholds. Since this ordinance, and its instruction, is critical to the decision at hand, I allege that the City is unable to make a decision on this lot for the lack of an adequate General Plan, since it is missing the required residential standards on minimum density. With regard, Judy Deertrack GENERAL PLAN REQUIREMENTS WOODBRIDGE PROJECT (PD #379) DECLARED A MIXED-USE DISTRICT UNDER THE GENERAL PLAN AND THE AREA IS IDENTIFIED AS "SOUTH PALM CANYON AND SUNNY DUNES" LAND USE ELEMENT also included in this land use designation.These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City,such as properties located on Ramon Road adjacent to the City limits and selected properties adjacent to the I-10. MIXED USE Central Business District(1.0 FAR;21-30 dwelling units per acre). Bounded approximately by Ramon Road, Calle Encilia, Alejo Road and Belardo Road, the Central Business District designation allows for a mix of commercial, residential, and office uses at a higher concentration, 1H density, and intensity than in other areas of the City. The CBD serves as the main activity center and cultural core of the community and,as such, 1p theatres,museums,retail,and other entertainment venues are encouraged T here. Uses such as grocery stores, hardware stores, and convenience or R ' 1 pharmacy stores that provide services to the Downtown's residential E , population are also encouraged. The Central Business District is ' t subdivided into zones or areas that provide for diversity in development standards and land use intensities.These subareas are defined in Appendix A, Downtown Urban Design Plan. Examples include the gateways into Downtown, Downtown Central Core, and the Downtown Outer Core. The Downtown Central Core (roughly bounded by Amado Road, Tahquitz Canyon Way,Museum Drive,and Indian Canyon Drive)and the Gateway areas(at roughly the north and south ends of the CBD)may be Central Business District developed with a maximum FAR of 3.5. If projects in these areas provide substantial public spaces or plazas, an FAR of up to 4.0 may be developed upon approval of a Planned Development District or Specific Plan. The Downtown Central Core may also accommodate up to 70 dwelling units per acre for residential or hotel uses if a Planned Development District or Specific Plan is prepared and approved. Mixed-use/Multi-use (Maximum of 15 dwelling units per acre for residential uses and a maximum 0.50 FAR for nonresidential uses). Additional information related to Specific uses intended in these areas include communiry-serving retail com- the location and desired mix of mercial,professional offices, service businesses, restaurants, daycare centers, uses in each mixed-use/multi-use public and quasi-public uses.Residential development at a maximum density area can be found on page 2-30 of of 15 units per acre is permitted: planned development districts may allow this element. residential densities up to 30 du/acre and also ensure that all proposed uses are properly integrated and allow the implementation of development standards that are customized to each site. Palm Springs 2007 General Plan Page 2.7 LAND USE ELEMENT Palm Canyon Drive and Sunny Dunes Road The Sunny Dunes and Palm Canyon Drive mixed/multi-use area currently contains scattered commercial uses and large vacant parcels. Different from the mixed/multi-use areas identified above, the Palm Canyon Drive and Sunny Dunes Road area is envisioned as a mixed-use area creating an office, retail, and residential node just south of Downtown. This mix of uses will complement the hotel uses along East Palm Canyon Drive by providing a concentrated commercial and office base in close proximity to visitor accommodations. Preferred mix ofuses: 30-50 percent commercial, 30-50 percent office; 15-20 percent residential Smoke Tree The Smoke Tree mixed-use area is located along East Palm Canyon Drive, between Sunrise Way and the city limits. Smoke Tree is ideally located to serve the needs of surrounding residential neighborhoods,and is characterized by its intimate scale,pedestrian orientation,and vibrant human activity.The purpose of this area is to create a unique mixed-use center characterized by pedestrian-oriented retail shops,restaurants,hotel facilities,and multifamily residential uses. Preferred mix of mtet: 30-60 percent residential uses, 20-40 percent resort commercial, 20-40 percent neighborhood commercial Palm Springs Mall Located along one of the City's most visible corridors,the Palm Springs Mall presents an opportunity to inject new vitality along Tahquitz Canyon Way, which serves as the City's most important east-west corridor linking Downtown and the Airport. As a mixed/multi-use area comprised of residential, office, and commercial uses, it is envisioned that this node will provide an opportunity for more efficient use of an underutilized commercial site that can complement the civic and office uses currently existing along the corridor. Preferred mix ofuses: 25-35 percent residential, 25-35 percent office,40-50 percent commercial Palm Springs 2007 General Plan Page 2-33 HOUSING Table 3-12 General Plan and Zoning Primary Residential Land Use Designations General Plan Land Use Zoning Designation Districts Allowed Residential Uses` Estate Residential G-R-5 Large estate single-family homes,many of which are (0 to 2 dulac) near the foothill areas of the community. Very Low Density Accommodates single-family homes situated on large (2.1 to 4.0 du/ac) R-� lots one-half acre or larger. Low Density Accommodates"typical'single-family detached (4.1 to 6.0 dulac) R-G-A residences on 7,500-square-foot or larger lots. Medium Density Accommodates single-family attached and detached (6.1 to 15 dulac) BZ uses,multiple-family units,and mobile homes. hilah Density Accommodates hjafter densb residential homes built at =in 30 dulacl R-3,R-4 a density of 15.1 fo 30 dwellino unRs oer acre. Central Business District CBD Allows commercial,residential,and office uses at a high intensity and density(21 to 30 units per acre). Tourist Resort Commercial R-C Allows commercial,residential and office uses at a medium intensity and density of up to 21 units per acre. Mixed-Use/Multi-Use MU Adlows commercial,residential,and office uses at a low concentration and density at up to 15 units per acre. Notes:Palm Springs allows residential development in the Open Space/Conservation,Mountain,and Desert land use designations at a lower density than the above residential land use categories. A Small Hotel land use _ classification also allows up to 10 units per acre.The Land Use Element provides more detail on these categories. 'All housing types can be allowed in any designation,with approval of a Planned Development Penh. Land Ownership One of the distinguishing characteristics in Palm Springs is the unique pattern of land ownership. Palm Springs is divided into Indian and non-Indian property holdings,based upon a grid pattem of square-mile sections of alternating ownerships. This grid pattern of alternating ownership dates back to the original land agreement between the Agua Caliente Band of Cahuilla Indians (the Tribe) and the federal government. Indian lands fall into three categories: o Tribal Trust Lands. In the 1970s, the City and the Tribe came to an agreement that recognized the Tribe's authority to regulate Indian Trust lands. Under this agreement, the City acts as the Tribe's agent to impose City land use regulations and consults with the Tribe regarding any action that may affect Indian Trust Lands. In addition, the agreement established an appeal process designating the Tribal Council as the final authority over land use matters on Indian lands. Palm Springs 2014-2021 Housing Element: General Plan Page 3.29 INITIAL STUDY (WOODBRIDGE PD 379) General Plan Designation Zoning Designation Project Description STATE PLANNING LAW REQUIRES CONSISTENCY WITH THESE DESCRIPTIONS AND ELEMENTS NOTE: THE PROPOSED PD 379 IS RESIDENTIAL ONLY PROPOSED WITHIN A MIXED-USE GENERAL PLAN DISTRICT OF PALM s A'p A �2 u INITIAL STUDY/MITIGATED NEGATIVE DECLARATION �RRORAif�1 C1 Z 1 F-O R�,P Project Title: WoodBrd eProject Case No. 5.1378 PD-379/ZC /3.3876 MAJ TTM 36914 Assessor's Parcel No. 508-171-005,-508-171-006, 508-171-012,-513-250-046, - 513.250-047 Lead Agency Name and City of Palm Springs Address: 3200 E.Tahquitz Canyon Way Palm Springs.California 92262 Project Location: 777 South Palm Canyon Drive Palm Springs,CA 92264 Riverside County Project Sponsor's Name and WoodBridge Pacific Group Address: 27285 Las Ramblos,Suite 230, Mission Vlejo,CA 92691 949 348-8162 General Plan Desi nations : fixed Use/Multi-Us Zoning: Existing: e ail Business C2-GProl -Multiple Family Residential an Proposed: PD-@eu of zone than a PD 379 Contact Person: David Newe , ssocio a Ianner City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 Phone Number: 760 323-6245 Date Prepared April 29, 2016 119 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Description of the Project The applicant proposes a residential development to be located on 12.38 ± acres in the City Palm Springs, California. The subject property is bounded by South Palm Canyon Drive to the east, the abandoned "Mac Magruder" automobile dealership to the south, Belardo Road to the west and the Tahquitz Creek to the north. The site is vacant, but previously included the Rock Garden restaurant,which was recently demolished. The applicant is proposing development of a partially gated 82-unit residential project. Twenty- five two-story multi-family units are proposed along South Palm Canyon Drive and are distributed among five buildings of five units with an average unit size of 2,010 square feet. The balance of the site, west of South Palm Canyon, would be developed as single-family homes. There are 57 such units proposed, on lots averaging 5,204 square feet in size. Units are proposed to be one and two stories. The primary project access point is on Belardo Road with emergency access available on South Palm Canyon Drive. The project proposes: I Construction of 57 one-and-two-story single-family residential lots, 2) Construction of 25 two-story units clustered in groups of five per building, and 3) Construction of private streets, parking area, pool area, retention basin, underground stormwater storage,and a common open space. The site Includes a considerable number of large boulders.As a result, the applicant proposes to conduct on-site rock crushing operations during the first phase of grubbing and grading. Summary of the proposed site data and building square footages are as follows: Table 1 WoodBridge/Rock Garden Proposed Site Data One-and-two-story single- 139,460 sq. ft. family residential units Two-story condominium units 30,120 sq. ft. Streets and Driveways 113,066 sq. ft. Common open space 256,627 sq. ft. Total: 539,273 sq.ft. Toble 2 WoodBridge/Rock Garden Proposed Building Square Footoges One-and-two-story single- 131,669 sq.ft. family residential units Two-story condominium units 47,5000 sq.ft. Pool Restroom 572 sq.ft. Total: 179,741 sq.ft. The proposed site is currently split-zoned for C-1 (Retail Business) and R-3 (Multi-family Residential and Hotel), making the proposed project inconsistent with current zoning. A Planned Development District in lieu of zone change (PD 379) is proposed for the entire site to address modifications to development standards and allow the proposed uses. City of Palm Springs WoodBridge Project April 20lb Initial Study/Mitigated Negative Declaration z 120 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Environmental Setting and Surrounding land Uses The site is relatively flat and has been undeveloped and vacant for many years, with the exception of the former "Rock Garden Cafe" building, which was recently demolished at the northeast corner of the subject property.Surrounding land uses include: North:Tahquitz Creek, Kentucky Fried Chicken Restaurant South: Commercial and vacant East: Currently Vacant, proposed Mixed use (residential, live/work and commercial) under construction West: Vacant Other public agencies whose approval is required None. City of Polm Springs Wood8fidge Project April2016 initial Study/Mitigated Negative Declaration 3 I21 WOODBRIDGE PROJECT (PD 379) STAFF REPORT COMPARISON TABLE DEVELOPMENT STANDARD GRID THIS GRID SHOWS WHAT THE DEVELOPER AND CITY PROPOSE TO WAIVE "YES / NO" COLUMN INDICATES WHETHER THE PROPOSED PDD ZONE IS CONSISTENT WITH PRE-EXISTING STANDARDS IN THE ZONING ORDINANCE FOR PURPOSES OF HEIGHT, AND SOME STANDARDS, THE CITY CANNOT VARY FROM THE UNDERLYING ORIGINAL ZONE. City Council Staff Report July 6, 2016-- Page 7 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914-Woodbridge Pacific Group accessory living space, two-car garage and private yard space. A pool will provided as an option to homebuyers, according to the applicant. The multi-family portion of the project fronts Palm Canyon Drive and includes five two- story buildings, each containing five dwelling units. The homes range in size from 1,650 square feet to 2,200 square feet, and a two-car garage is provided for all homes. Each unit is accessible from the garage and a separate entry around the perimeter of the building. Common areas will include a variety of enhancements. A community pool space will be built within the project and have parking, landscape, fencing and restrooms for residents and their visitors. Internal pathways are proposed between the rear yards of homes for east-west pedestrian access through the site. The north side of the project abuts the Tahquitz Creek, and an on-site 12-ft landscape buffer will allow additional separation between adjacent homes and the Creek pathway. ANALYSIS: Lend Use Element Requeell Com ? MU/MU land use designation allows 0.50 FAR and The project proposes two forms of residential Yes 15 dwelling units per acre (or up to 30 d.u. per acre uses. A total of 82 residences over 12.38 with PD approval). This designation is"envisioned acres equates to 6.6 dwelling units per acre, as a mixed-use area creating an office, retail, and which is less than the 15 units/acre permitted residential node just south of Downtown. This mix of by the General Plan. uses will complement the hotel uses along East Palm Canyon Drive by providing a ronrantratPrt commercial and office base in close proximityfo The preferred mix of uses for this area "con- visitornmr)mmMations. Preferred mix of uses:30- exceeds anticipated residential uses of 20%50 percent commercial, 30-50 percent office; 15-20 (For the overall+l-46-acre area designated percent residential' MUlMU, 20%consists of 9.2-acres, which was exceeded by the Cameron project to the east), Community Design Element-Goals and Policies Evaluation of Projeet's Conformance Comply? CD14.4-Prevent long and monotonous walls and Long monotonous walls are avoided with the Yes fencing through undulation, modulation, surface undulating walls on both street frontages,as articulation, and landscaping. well as along the Tah uitz Creek wash. C17114 6-arohihitgated anmmrmw PntriP.c and The project is proposed to be gated at the No, perimeter walls around entire neighborhoods. primary vehicular entry. suggest instead,provide privacy through design features modifying such as meandering streets, ample landscaping, project and house placement that provides privacy and exclusivity. CD19.7-Design new development with the As shown on the landscape plans,the project Yes pedestrian in mind by including wide sidewalks, will include pedestrian amenities,such as shade street trees,sitting areas, and clearly defined walking paths that are landscaped with shade Pedestrian routes. trees and clearly defined routes. 07 City Council Staff Report July 6, 2016—Page 8 5.1378 PD-379 ZC, 3.3876 MAJ &TTM 36914—Woodbridge Pacific Group CD20.1 -Create a pedestrian-friendly environment Pedestrian-friendly environment proposed Yes along midblock corridor residential development between clusters of multi-family buildings with through the use of landscaping, shade trees, special walking paths and shade trees. paving, pedestrian-scaled lighting, and small .gathering spaces- Zoning Permitted Uses: The project site is split-zoned with roughly 3.55-acres fronting Palm Canyon Drive zoned C-1 and the remaining 8.83-acres zoned R-3. Multi-family residential is permitted in the C-1 district and subject to the R-3 Zone development standards. Single-family residential units are prohibited in the R-3 and C-1 zones. Thus, the applicant has submitted a PD-in-lieu of zone change to change the entire site's zone to PD-379. In accordance with section 94.03.00(B)(1) of the Zoning Code, Planned Developments may specifically allow a multiplicity of housing types, such as single-family and multi-family dwellings within the same project site. Therefore, the proposed uses are consistent with the zoning code. Development Standards: C-1 I R-3 Requirements I Proposed Pinpiect Conform? Lot Standards Lot standards for C-1 and R-3 are noted. Min.Area C-1 20,000 square feet(SF) Multi-Family (MFR):-85,248 SF s Single Family Residential (SFR): No PD proposes R-3: 20,000 SF Lots vary between 5.000 SF and set standard 7,700 SF Min.Wkhh C-1: 100ft MFR:640ft min. yq R-3: 130ft(interior lot) SFR:53ft min. No. D proposes 140ft(siding local st. to set standard Min,Depth C-1: 150ft li 130ft. min. No. PD proposes R-3: 150ft SFR:95ft min. to set standard Building Height C-1: 30ft,except high-rise MFR:24ft. max. Yes buildings R-3: 2 stories and 24ft, SFR: 15ft to 24 ft.max. Yes except high-rise buildings as Density C-1: Same as R-3 6,576 SF of lot area per unit Yes R3: 2,000 SF of lot area per including both MFR and SFR unit. dwellings Yard Setbacks Garage C-1: None MFR:Garages accessed via No PD proposes R-3:25ft motor court o set slandard SFR: 18 ft. min. Front C-1:5ft MFR: 30ft s R-3:30ft facing major SFR: 1Oft N . PD proposes thoroughfare o set standard 08 City Council Staff Report July 6, 2016--Page 9 5.1378 PD-379 ZC, 3.3876 MIN &TTM 36914—Woodbridge Pacific Group Side C-1: None MFR: 24ft required due to height. Yes R-3: 10ft,except structures Proposed: 2511 from North P/L exceeding 12ft in height shall and 30ft from South PIL have setback equal to height SFR:7ft and 3ft for each lot No D proposes of building to set standard 20ft side yard abut0ng street Rear C-1: None MFR: 24ft require due to height. Yes R-3: 10ft,except structures Proposed: 600ft+from Belardo exceeding 12ft in height shall SFR: 5ft No PD proposes have setback equal to height to set standard of building Distance Between C-1: None MFR: 15ft separation, 2840ft on No PD proposes Bldge. R-3: 15ft when bldgs, are interior motor court to set standard substantially parallel,or 30ft SFR: 10ft separation when o site court Lot Coverage C-1: None 48%of project is developed as Yes R-3: Min. of 45%of site area open space(not including roof to be developed as usable decks and balconies) landscape open space Trash Enclosure Per PSZC 93.07.02 Proposed for MFR. Yes Individual containers to be provided for SFR. Off-street Parking PSZC 93.06.00(D)(29), SFR: 2 covered spaces are Yes residential in PDs: 3 bedroom provided within each of the 57 units require 2.25 spaces or units (114 spaces) +two 139.5 spaces for the 62. 3- driveway spaces for SFR's (114 bedroom units; and 2 spaces)=228 spaces.Additional bedroom units require 1.5 parking provided on private spaces or 30 spaces for the streets. 20, 2-bedroom units. MFR: 2 covered spaces are Additionally, guest parking is provided within each of the 25 required at 1 space for every units(50 spaces)+25 spaces 4 units, or 20.5 spaces. behind MFR units=75 spaces. Total Required: 190 spaces Total Provided: 303 spaces (excludes available parking on internal SFR streets Site Grading: The existing natural topography will be graded to accommodate the proposed project. Currently, the site slopes downward from its northwest corner to the south, southeast and east portions of the property, and a ravine exists along the east side of Belardo Road. The proposed improvements will create a stepped pad design, consistent with the existing topography patterns, particularly in the east-west direction from Belardo Road to Palm Canyon Drive. The pads for the homes adjacent to Belardo are lower 09 WOODBRIDGE PROJECT (PD 379) JULY 2016 PROPOSED RESOLUTION TO BE ADOPTED BY THE CITY COUNCIL THE LANGUAGE OF THE RESOLUTION DESCRIBES THE PUBLIC BENEFIT THE CITY HAS DECLARED THAT THE PUBLIC BENEFIT MUST BE ROUGHLY PROPORTIONATE TO THE LOSSES FROM NOT FOLLOWING ORDINANCE STANDARDS. THE CITY HAS NEVER DEVELOPED A QUANTIFICATION OF "LOSS OR VALUE." THE CITY HAS NEVER COLLECTED DATA ON THE IMPACT OVER TIME. Discussion of Public Benefl: Pursuant the City Council 2008 policy on Public Benefit on Planned Developments, the applicant is to propose some form of public benefit -proportional to the narure, Type aid extent of the %x+brfrty granted from the standards and prciwsions of the Palm Springs Zoning Code'and may only be considered a public benefit -when a exceeds the level of rrnlprovanwnf needed to M.ljtWe a Fro!W'S br virQn;tNlrtt€!l jaws l5 A' Corry;Jy wiffi dedWaWn or exaCWS WhJCh are inPosed on aN pfojeCfs S-dCh as Qnmby Ad, pubbt art fees, urNry urrdergrouWfng, efc. - The applicant is seeking the following relief via the Planned Development District: • Reduced lot area, depth and wndln (5FR minimum of 5000-sq f1 lot. 9541 depth and 53•ft width) • Reduced yardsJsetbarks (SFR: rear yards to 5 feel and side yards to 3 feet and 7 feet) The City applies a test that the value of the public benefit 10 must be "roughly proportionate to" and must "offset" the losses that have occurred from waiver of the development standards. Those standards address height, massing, density, set backs, step backs, open space, and parking. City CcuwA Sue Rrpot ,Arty d. 2016 -- Pa" 17 3.13 t@ M-374 2C, 3 36ft MAJ A 7TW 3NI 4 WtxA*.w+pe Pacdmc GrvLy IN Reduced drstanae between buildings IMFR min 10feet) The app4rant has prapused the Iollowlng Public Bwtefits: • Enhanced lanoscaping (301; feet) along the honfage of South Pater Coliyur, POft rW S&nsdrva wdlkwayS 8"Ofdy the eh00flg hik'ArI04Nkrry7 frads aught the A00herly trautkWy ag}scenl the raquuz Creek Channel with hash landscape Arid carder frail pathway. • Remove and a' late the use of the aft as hone base for the homeless and bcarran for AlegW drug fransactoons • Private Gated @rnlfy fr M 8etafdo as Min en0afte to the mixed use subdivxPon. An 'pmprVr7cy only- gat@ tit Sovfh East corner of the site onfo South pair» Canyon r$ also planned and n) site desi0i S1.10 nnto5 the 10110wing related to Publb� Benefits • The project as a Public Benefit - The project fulfills key General Plan obtedives for community beaulification and improved circulation as follows: Improvarrg and landscaping the Tahqurtz Creek trail in accordance with the Tahquil2 Creek Trail Master Plan; c: Providlrlp 12-foot landscape buffer and 20- to 25-foot passive park space adjacent to channCl on private propeAy. Ineorporating internal pedestrian sdewatk paseos that are separate from the street; and Enhancing circulation with the trail improvement. • Off-sits Improvements - The protect includes off-Me improvements. +ntludrag the south side of the Tahquiiz Creek. The developer will pursue permilfinG with Riverside County Flood Control, improve pathways and install landscape consislent with 'he htaster Plan WOODBRIDGE (PD 379) PROPOSED RESOLUTION FOR THE CITY COUNCIL FINDING OF CONSISTENCY WITH THE GENERAL PLAN IN THE FACE OF PROPOSING SINGULAR RESIDENTIAL IN A MIXED USE DISTRICT NOTE: THERE ARE CONDOS &TOWN HOMES PROPOSED WHICH ARE MOST LIKELY CLASSIFIED AS MFR a. The proposed planned development is consistent and in conformity with the general plan and report. THE CITY The proposed project is located in the Mixed-Use / Multi-Use (MU/MU) HAS USED land use designation of the 2007 General Plan, allowing a mix of office, retail and THE INVALID residential uses. For residential projects, a density of up to 15 dwelling units per MINIMUM acre is permitted (or up to 30 d.u. per acre with PD approyap. The project THRESHOLD p j WAIVER proposes 6.6 residential dwelling units per acre, which is consistent with MU/MU INVALIDATED land use designation. BY THE 4TH DISTRICT CT. In addition, the project complies with the following General Plan Policies: APPEALSIN DAKOTA I I • CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. As shown on the landscape plans, the project will include pedestrian amenities, such as walking paths that are landscaped with shade trees and 29 WOODBRIDGE (PD 379) STATE LAW REQUIREMENTS THAT APPROVED DEVELOPMENT PROJECTS MUST REMAIN CONSISTENT WITH THE GENERAL PLAN NOTE: CHARTER CITIES HAVE DISCRETION IN MODIFYING THEIR ZONING EXCEPT WHERE THEY HAVE CREATED CONSISTENCY REQUIREMENTS IN THEIR PLAN (PALM SPRINGS HAS) A PDD IS A REZONE THAT CHANGES SOME BUT NOT ALL UNDERLYING ZONING COMPONENTS, BUT MUST BE JUSTIFIED IN ITS USE: ( 1 ) Consistent with General Plan; (2) Used in a PDD District; (3) Used according to District Guidelines GENERAL PLAN POLICY AS A DIRECTIVE UNDER THE CONSISTENCY DOCTRINE (Napa Citizens for Honest Government) "The County first contends that the goals and policies stated in its General Plan should not be viewed as directives, and the General Plan therefore should be read as advisory rather than mandatory. This contention conflicts with the recognition that consistency requires compatibility with the general plan's "objectives, policies, general land uses, and programs." (Corona-Norco Unified School Dist. v. City of Corona, supra, 17 Cal. App. 4th at p. 994, fn. 5.) The question is not whether there is a direct conflict between some mandatory provision of a general plan and some aspect of a project, but whether the project is compatible with, and does not frustrate, the general plan's goals and policies." [emphasis added] Napa Citizens for Honest Government at 378. WOODBRIDGE PROJECT (PD #379) LEGAL PRECEPTS The General Plan is a 'constitution' for future development [citation] located at the top of the 'hierarchy of local government law regulating land use' [citation]," (DeVita v. County of Napa (1995) 9 Cal 4th 763, 772-773.) CITED in the Fourth District Court of Appeal Decision People for Proper Planning v. City of Palm Springs, April 22, 2016. "To view them in order. a use permit is struck from the mold of the zoning law (GC § 65901); the zoning law must comply with the adopted general plan (GC § 65860); the adopted general plan must conform with state law (§§ 65300, 65302)." Neighborhood Action Group for the Fifth District v. County of Calaveras (1984) 156 Cal. App. 3d 1176 at 1184, 1187 Palm Springs Municipal Code Up Previous Next Main Search Print No Frames ZONING CODE Chapter 92.00 ZONING REGULATIONS R-3 Multi-Family Residential and Hotel Zone 92.04.02 Uses prohibited. All uses and structures not permitted in Section 92.04.01 are deemed to be specifically prohibited. The followine classifications of uses shall not be nermitted in the zone by commission determination: A. Commercial uses, excepting those otherwise provided for herein; B. Industrial uses; C. Single-family residences: D. Mobilehome parks. (Ord. 1553, 1998; Ord. 1294, 1988) View the mobile version. Palm Springs Municipal Code Up Previous Next Main Search Print No Frames ZONING CODE Chapter 94.00 PROCEDURES 94.03.00 Planned development district (PD). Purpose. The planned development district is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. It is the intent of this district to insure compliance with the general plan and good zoning practices while allowing certain desirable departures from the strict provisions of specific zone classifications. The advantages which are intended to result from the application of the planned development district are to be insured by the adoption of a precise development plan with a specific time limit for commencement of construction. A. Applicability of Regulations. The following regulations and general rules set forth in this section and in Section 94.02.00(Conditional use permit) shall apply in a planned development district. Where a conflict in regulations occurs, the regulations specified in this section shall apply. A planned development district may be approved in lieu of a change of zone as specified in Section 94.07.00. B. Uses Permitted. The planning commission and city council shall find that the proposed uses as shown on the preliminary development plan for the PD are in conformity with the required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the general plan and sound community development. Only those uses approved by the planning commission and city council may be permitted in the planned development district. The following types of uses may be permitted in a planned development district. 1. Planned residential development districts may include a multiplicity of housing tvp= provided, the density does not exceed the general plan requirements. Housing density may be increased in conformance with state and local regulations if the district assists the city in meeting its housing goals as set forth in the housing element of the general plan. The form and type of development on the PD site boundary shall be compatible with the existing or potential development of the surrounding neighborhoods. 2. A specific commercial use for property adjacent to an existing commercial zone may be approved as a PD when such property is to be used for additional off-street parking or an extension of buildings proposed in the existing commercial zone or in combination with residential uses. Where this is permitted, the plan for the total property shall be submitted and the applicant shall clearly detail,by engineering and architectural specifications and drawings, the manner in which the subject area is to be developed and the means that will be employed to protect the abutting property and the health, safety, welfare and privacy enjoyed thereon. 3. In industrial zones, a property which combines industrial and service commercial uses may be approved as a PD subject to the performance standards of the M-1-P zone to protect the health, safety and welfare of the area. Such PD's shall be permitted on a major or secondary thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of properties in adjoining areas. 4. Additional uses may be permitted in the PD including churches,nursery and day schools for pre-school children, when these uses are located on a secondary or major thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan and when in both instances the proposed use would not adversely affect the uses of property in adjoining areas. 5. Planned development districts may include a multiplicity of uses:providing the proposed uses are permitted by the subject zoning and/or general plan regulations The form and type of development on the site boundary shall be compatible with the existing or potential development of the surrounding neighborhoods. 6. On the trust lands of the Agua Caliente Indian Reservation,a property which contains a gaming facility may be approved as a PD subject to the objectives and general plan land use section to protect the health, safety and welfare of the area. Such PD may include support uses such as resort hotels,restaurants,retail commercial, and entertainment and parking facilities. Such PD shall be permitted on a major or secondary thoroughfare as indicated on the general plan street plan or integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of adjoining properties. C. Property Development Standards. ORD. 94.03.00 Planned Development District (PDD) The planning commission and the city council shall establish a full range of development standards appropriate to the orderly development of the site which shall include the following: l. Building heights shall conform to the requirements of the underlying zoning district. Structures which exceed permitted heights shall be subject to the requirements of Sections 93.03.00 and 93.04.00. 2. Parking and loading requirements shall be subject to the requirements of Sections 93.06.00 and 93.07.00,respectively. The planning commission and the city council may modify such requirements based upon the submittal of a specific parking plan. 3. Front yard setbacks compatible with the existing or potential development adjacent and/or opposite from existing development shall be required to provide for an orderly and uniform transition along the streetscape to preserve,protect and enhance the properties adjacent to the proposed PD. Nonperipheral areas of the PD shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the planning commission. 4. Minimum lot frontage not less than that of existing lots adjacent and/or opposite from existing developments shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to a proposed PD. Nonperipheral areas of the PD shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the planning commission. 5. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the zone in which the planned district is located,unless otherwise approved by the planning commission and city council. Recreational areas,drainage facilities and other man-made structures may be considered to meet a part of the open space requirements. a. Protection of natural landscape features such as watercourses, hillsides, sensitive land area, existing vegetation,wildlife,unique topographical features,and views shall be encouraged. Open spaces shall be integrated into the overall design of the project. b. Open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the planning commission and city council. D. Subdivision Map. A planned development which requires a subdivision map may include the required map proceedings in the PD public hearing process. E. Establishment and Development of a PD District. A PD may be established through application of the property owner or his legal representative or the city council in accordance with the public hearing procedures of the conditional use permit as set forth in Section 94.09.00,compliance with the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. A PD may be approved in lieu of a change of zone as specified in Section 94.07,00. Development in a PD shall be subject to the requirements of this section and shall conform to the specifications of the final development plan as approved by the city council. 1. Conceptual Development Plan. Jay Thompson From: Judy Deertrack <judydeertrack@gmail.com> Sent: Wednesday, September 21, 2016 11:09 PM To: Jay Thompson Subject: woodbridge/ PFPP v. Palm Springs Attachments: PFPP v. City of Palm Springs Appellate Decision (Dakota II).pdf Another attachment, thank you, to be placed on the record. Judy t People v. City ofPalm SprifikS Court of Appeal of California,Fourth Appellate District,Division Two April 22,2016,Opinion Filed E062725 Reporter 2016 Cal, App.LEXIS 407 (Amendment) removing the minimum density PEOPLE FOR PROPER PLANNING,Plaintiff and requirements for each residential development. The Appellant, v. CITY OF PALM SPRINGS et al., trial court denied PFPP's challenge, and it appeals, Defendants and Respondents. contending that the Amendment (1) is not exempt from the requirements of the California Prior History: [*11APPEAL from the Superior Environmental Quality Act (CEQA) Psh, Court of Riverside County,No. PSC1301691, John Resources Code, �21000 et seg.) because it is not a G. Evans,Judge. minor land use alteration; (2) is inconsistent with the General Plan['21 (General Plan), such that it Disposition: Reversed with directions. now makes the General Plan intemally inconsistent; Counsel: Law Office of Babak Naficy and Babak and(3) violates statutory requirements that the City Naficy for Plaintiff and Appellant. accommodate its fair share of regional housing needs for all income levels; including low and very Woodruff, Spradlin & Smart, David A. DeBerry low income levels. For the reasons stated herein, and Ricia R. Hagar for Defendants and we determine the Amendment is not exempted Respondents. from CEQA requirements, and thus, reverse the judgment. In light of this determination, we need Judges: Opinion by Hollenhtust, J., with Ramirez, not address the other issues raised by PFPP. P. J., and Slough,J.,concurring. I. PROCEDURAL BACKGROUND AND FACTS Opinion by: Hollenhorst, J. PFPP is, according to its complaint, a California nonprofit membership organization "whose Opinion objective is to promote planning and development in Palm Springs in conformity with all applicable laws and regulations." Prior to September 4, 2013, HOLLENHORST, J. Plaintiff and appellant the City's General Plan, in some parts, designated a People for Proper Planning (PFPP) appeals from minimum and maximum density of residential units the judgment denying its petition for peremptory allowed in each land use category. For example, a writ of mandate and complaint for declaratory and high density designation allowed for a range of injunctive relief filed against defendants and "15.1 to 30" dwelling units per acre, while a respondents City of Palm Springs and Palm Springs medium density designation allowed for a range of City Council (herein collectively referred to as 116.1 to 1S" dwelling units per acre. In other parts, City). In its petition, PFPP challenged the City's the General Plan did not set a lower end of The adoption of Resolution No. 23415, which approved range,but rather simply provided for a high density an Amendment to the City's General Plan of"30"(*31 dwelling units per acre, or a medium L,2!a6ad t,660£2£0%1:0i 9U60£6SS08T OS3 A3IJbN )PJOU9:W"3 TO 2t 9102-h2-AUW People v.City of Palm Springs density of "22" dwelling units per acre. The current practice of the City, including without General Plan explained that "teach of the limitation, the City Council, the Planning residential land use designations includes a range of Commission, and the Director of Planning, is to allowable densities. The maximum density signifies consider only the maximum density allowed within the maximum number of dwelling units per gross each land category and consider and approve lower acre that are allowed in each residential area," density project[s]" The City concluded the change while '[tlhe lower threshold figure for each of these was exempt from CEQA based on a categorical categories represents a minimums amount of exception. development anticipated, provided that all other required conditions can be met."(Italics added.) On October 9, 2013, PFPP filed a petition for peremptory writ of mandate and complaint for While the General Plan sets forth the City's declaratory [+51 and injunctive relief,seeking to set "permitted density of residential development . . . aside the Ciryrs approval of the Amendment on the the Zoning Ordinance provides specific guidance grounds it is "inconsistent with the General Plan on applicable development standards." Thus, the and violates Government Corte lsecrinril 65863, zoning ordinance provides for the property which prohibits cities and counties from reducing development standards in residential zones, residential densities or allowing residential including the minimum lot, yard and building development of any parcel at lower residential standards. In reference to planned residential densities absent certain findings not made here." development districts, the zoning ordinance The City answered the petition and both sides provides that such a district "may include a submitted briefs to the trial court- A hearing was multiplicity of housing types; provided, the density held on November 7, 2014. After taking the matter does not exceed the general plan requirements," under submission, the trial court denied the and "[tlhe form and type of development on the petition.) [planned development] site boundary shall be 11. DISCUSSION compatible with the existing or potential1.41 development of the surrounding neighborhoods." A Standard of Review Thus,within a specific General Plan category, there Generally, an appellate court reviewing a trial are often several different zoning categories that coures ruling on a petition for writ of mandate is dictate development standards and actual density confined to inquiring whether the findings and allowances. 'The trial court found that the elimination of the minimum density In 2013, the City sought to amend its General Plan ilmits in the General Plan merely conformed "the density ranges in to eliminate mininiant density requirements for all she General Plan to the chy's practice relative to the General Pi n's residential land use categories, based on the actual treatment of zoning density and the zoning ordinance." The court noted that the Amendment did not violate GeiveramM Cndr planning commission staff report's seerinn 6=because it"creates no change in the standards applied recommendation.The City held a public hearing on to project approvals because the governing Goring ordinances,which the proposed Amendment. PFPP opposed the include no lower limits,aro unchanged."Finally,the court concluded that PFPP had failed w show a"reasonable possibility of an adverse proposed Amendment. On September 4, 2013, by a environmental impact sufficient to remove the project from the vote of 3 to 2, the City adopted Resolution No. categorically('b] exempt class," because the"'hasctinc or existing 23415, which amended the General Plan by environment,"i.e., the manna in which residential densities were removing any reference to minimum density, treated prior to the Amendment. "was that the ary had never interpreted the General Plan to mandate minimum densities and the requirernCntS for each residential development_ zoning ordinance, under which all residential development is According to Resolution No. 23415, "the past and processed, had not during any relevant time period mandated minimum densities." Page 2 of 7 l�£;aoed 066bE270%T:01 906026GSOBT OS3 ADIJUN )ldE1ld8:w0Jzi 20:21 9102-b2-Atlw People v.City of Palm springs judgment of the trial court are supported by categorical exemption because the Amendment is substantial evidence. Nevertheless, an appellate not a minor alteration of a land use limitation; court must independently decide questions of law farthermore, even if the exemption could apply, it without deference to the trial court's conclusions. would not here because the Amendment bag a (Evans v. Unemployment Iris. Appeals Bd. (IM) strong possibility of having an adverse impact on 39 C ed.3d 398. d07; kreeft v. Cihy of Oakland the environment. We agree. 11998) 68 Cal,AM,-4th 46. 53.) "To achieve its objectives of environmental ['8] Examples of questions of law relevant to this protection, CEQA has a three-tiered structure. appeal include (1) determining the meaning of a [Citations.] First, if a project falls into an exempt statute (People ex rel. L(jekver v. Shamrock Foods category, or "'it can be seen with certainly that the Co. (2000) 24 Col.4th 415. 432), and (2) activity in question will not have a significant effect determining the meaning of a provision of a general on the environment" [citation], no further agency plan because a charter cty's adoption of such plan evaluation is required.' [Citation.] Second, if there is a legislative act (Gov. Code. a 65700. subd. (a); is a possibility the project will have a significant see Chandis :Securides Co, v. Qb, of Danis Point effect on the environment, the agency must (1996) 52 Cal Opp 4th 475, 481). Although a trial undertake an initial threshold study; if that study court's conclusions on questions of law are not indicates that the project will not have a significant entitled to deference, "the City's legislative effect, the agency may issue a negative declaration. enactments are entitled to some deference; there is Finally, if the project will have a significant effect a presumption that both 1*71 the general plan and on the environment, an environmental impact the initiative measures amending such are valid report (EIR) is required. [Citation.]" (Comminee to [citation], and so long as reasonable minds might Save the 11ollywoodlond Sveci,fic Plan v. ON of differ as to the necessity or propriety of the Los Angeles, (2008) MI Cal-,ipp.dth 1168, 1185- enactment, the municipality's (or electorate's) 1186(Committee to Save the Hollywoodland).) determination of policy must be upheld. [Citation.] The only issue to be resolved is whether, applying the standard that the legislation, unless clearly Here, the City never undertook an initial threshold arbitrary, capricious, or entirely lacking in study because it found the Amendment to fall into evidentiary support, must be upheld [citation], the an exempt category. "The Legislature has made general plan, as amended, substantially complies certain categories of projects exempt from CEQA. with state law, i.e., whether there has been "'actual Many of these exemptions appear in Public compliance in respect to the substance essential to Resaurce.s Code section 21080 subdivision (b), every reasonable objective of the statute," as [Citations.] Public Resources Code section 21080 distinguished from "mere technical imperfections srcbdiviston 1b)(9) exempts from CEQA '[a]u of form." [Citation.]' [Citation.]" G rat r. City a classes of projects designated pursuant to Ln&jic Riverside (1991) 2 C'al.Appdth 259 292, Resources Code] (slertion 2104.' [11 Public disapproved on other grounds as stated in Morehart Resources Code seciton 21084 authorizes the v_County of Santa Barbara 0994i 7 Ca14th 725 Secretary of Resources Agency to include in the 743 n. If.) Guidelines a list of classes of projects ('9] exempt from CEQA provided the Secretary makes 'a B. The City Erred in Relying on a Categorical finding that the listed classes . . . do not have a Exemption '-CEQA Guidefines (CaL Cade of R.ns. wr 14 Sd /.i0(l0 a ) PFPP contends the City erred by relying on a developed by the office of Planning and Research end adapted by the California Rtsmirces Agency.(Pub.Rpspueen Code. IORI) Page 3 of 7 d.,b:ased b66b£2209LI:el 9b60£6SSOBt 093 ASIdbN AU8U8cwoa3 20:2T 9102-62-AbW People v.City of palm Springs significant effect on the environment.' The classes not result in any changes in land use or density, of projects identified by the Secretary of the including but not limited to: [¶] (a) Minor lot line Resources Agency appear in Guideline section adjustments, side yard, and set back variances not 15300 et seq. and are sometimes referred to as resulting in the creation of any new parcel; [¶j (b) 'categorical exemptions."' (Azusa Lured Issuance of minor encroachment permits; [¶j (e) R4wlaination Co. v. Main San Gabriel Basin Reversion to acreage in accordance with the kPrn al st r 997 52 Cal-Antr4th 1145. .1191 Subdivision Map Act." (Cal. Code Rggt.. tit. )4. 5 (Azusa).) 15000 et sea. (CEQA Guidelines), 15305, italics added.) The City found the Amendment exempt "The agency decides whether a project is because its "proposed change reflects past and current practice and retains existing density categorically exempt as a part of its preliminary maximum standards."The trial court agreed.We do review without reference to any mitigation not. measures. [Citation.] If the agency establishes the project is within an exempt class, the burden shifts to the party challenging the exemption to show that Because the Amendment does f*l l] not retain it falls into one of the exceptions. [Citation.] existing density minimum standards on its face, it Generally,courts apply the substantial evidence test apparently results in a change to land density. The t0 the agency's factual determination that the City's argument to the contrary discounts minimum exemption applies in the first instance; courts are density standards on the ground that the General divided on the question of whether the 'fair Plan qualifies that minimum number as argument' standard (whether the record contains "anticipated." Moreover, the City argues that the evidence of a fair argument that the project may Amendment "did not alter any language in the have a significant effect on the environment) Dousing Element or any tables either in the Land [citation], or the substantial evidence test applies to Use Element or Housing Element';that "[ijt did not the second step of the analysis, namely f*10] alter estimates of housing stock with the Housing determination of whether an exception to the Element'; and "[t]he ranges of density were left exemption exists.; We do not substitute our alone in some places as they still remain useful in judgment for that of the state agency and must noting the minimums that can be anticipated and resolve reasonable doubts in favor of its decision. continue to give meaning to the General Plan's [Citation.]" (Commirtee to Sm:e Hglhwoodland description of the lower threshold." In sum, the supra. 161 Cal.App.4th at RR. 1186-1187, fn. City's argument is that the Amendment did not omitted.) When an agency relies on a categorical result in a change to land density. exemption, the exemption must be narrowly construed. (Azusa, supra. 52 Cal Aro 4th at p- Notwithstanding the above,even if we accepted the 119_.) City's argument and assumed the Amendment qualified as a class 5 exemption, we conclude that The City found the Amendment to be exempt from PPPP met its burden of showing that the CEQA review. The exemption at issue here, a class Amendment falls into one of the exceptions to 5 exemption, exempts projects that "consist[] of exemption. PFPP presented sufficient evidence minor alterations in land use limitations in areas supporting a fair argument that the Amendment with an average slope of less than 20%, which do will result in a significant impact on the environment due to its['12] across-the-board change in land use regulation that affects every 'We need not decide that issue here, however, w the result is the residential area identified by the General Plan. same under tithtrttst, Page a of 7 L S abpd 066b22£09LT:0i 9060£6SS08T OS3 ADIAUN Nb9b9:Woad £0:2T 9T02-b2-Ati.i People V.City of Palm Springs Moreover, the Amendment is capable of causing the City could not permit the "reduction of density significant cumulative impacts on the City's stock of any such residentially designated parcel unless of high-density, low and moderate income housing the city finds the proposed reduction in density is due to its elimination of the minimum density consistent with the General Plan," and there are allowances. In order to evaluate how the remaining sites adequate to accommodate the City's Amendment will impact the environment, we begin share of the regional housing needs. While the with the EIR that was prepared in support of the Amendment does not reduce the maximum 2007 General Plan(2007 EIR). allowable density for residential areas, its elimination of the minimum allowable According to the 2007 E1R, residential land uses density[114) changes the density range,effecting a lower average density for residential areas than that accounted for approximately 41 percent of the anticipated in the 2007 EIR. The City's claim that urban and developed land uses within the City, with the Amendment is exempt from CEQA analysis only 3 percent of total acreage designated for high begs the question: Is the City able to accommodate density. In support of the 2007 General Plan its update, which set the anticipated range of density, minimum share of the regional housing needs if there is no mnimum (and a lower avenge) density for the City identified the following policies and residential areas as originally identified and actions that were designed to reduce potential land required in the General Plan? use and planning impacts of future development. Regarding land use, the City sought to "[e]ncourage, where appropriate, high density According to the City, the minimum 'density projects to maximize the use of land." As for the identified in the General Plan is irrelevant because housing element, the City wanted to encourage a it was never really considered. It contends that the broad range of housing opportunities, "[m]aintain a "`baseline' or existing environment" remains range of housing densities through general plan unchanged given the City's practice of never land use designations and zoning to facilitate and interpreting the General Plan as mandating encourage[*131 single-family homes, apartments minimum densities, and the Zoning Ordinance and townhomes, mobile homes, and special needs (under which all residential development is housing," facilitate the development of affordable processed) as never mandating minimum densities. housing, and "[p]rohibit the encroachment of The City adds that this was the existing significant housing development into areas environment when the General Plan was adopted in designated as open space, desert, or conservation 2007 and will remain so with the Amendment. The areas without appropriate environmental review trial court agreed, finding the Amendment did not and approvals." change the existing environmental baseline. We are not persuaded. The 2007 EIR noted that the housing element of the General Plan update "provides a thorough While we agree that the physical environmental discussion as well as goals and policies to address conditions in the vicinity of the project normally issues of housing affordability." Recognizing that constitute what is j*151 known as the baseline C'a1. (invernpte»r Code section 65863 "restricts cities' Code Refit. tit 1-V $, 15000 et reu (CEQA ability to reduce the maximum allowable density in Guidelines), 15125, subd. (a)), we do not agree that areas already designated or zoned for residential such is the case here. Once the City adopted the uses to a level below the density used by the [state] General Plan in 2007, the General Plan itself when determining whether a city's housing element provided the baseline for future projects. (&ve C)vr complies with state law," the 2007 EIR noted that Penins''ulp Cmnrruttee v. lYf6weret• County Bd of Page 5 of 7 1,9:aeed 1:?66bE2E09L1:01 9b6oE6SSoel DS2 A9IdHN NH8H8:WoJd bo'2t 9to2-t,2-AHW People V.City of Palm Springs S=rutsors ON) 17 Cal Aop 9th 99 125426 ""'constitution" for future development' [citation] ["(Mbere the issue involves an impact on traffic located at the top of 'the hierarchy of local levels, the EIR might necessarily take into account government law regulating land use' [citation]," the normal increase in traffic over time. Since the (DeYFra v. (,'onrnn, 0.Xaaa 11995) 9 Cal irh 763 environmental review process can take a number of 772-7 73.) "A zoning ordinance[*171 is consistent years, traffic levels as of the time the project is with the city's general plan where, considering all approved may be a more accurate representation of of its aspects, the ordinance furthers the objectives the existing baseline against which to measure the and policies of the general plan and does not impact of the project."].) Here, the City is required obstruct their attainment (Citation.) . . . . [41 . . . [91 to accommodate its share of the regional housing . . , 'A zoning ordinance that is inconsistent with the needs. The 2007 EM identified closed density general plan is invalid when passed [citations] and ranges that met this requirement. Ily eliminating the one that was originally consistent but has become minimum density, the Amendment will impact the inconsistent must be brought into conformity with availability of high density, low and moderate the general plan. [Citation.] The Planning and income housing because high density designated Zoning Law does not contemplate that general parcels may now be considered for low-density plans will be amended to conform to zoning development. Thus, the Amendment lowers the ordinances. The tail does not wag the dog. The average density for residential areas and changes general plan is the charter to which the ordinance the land use regulation to the detriment of every must conform.' [Citation.] The same role applies to parcel designated as residential by the General this case." (Ctry ofirrbee i�. Irvine Citizens A ainst Plan, potentially causing significant Lheerdevelopment(1994) 25 Cal A ,U 41b 868 879.) cumulative[*161 impacts on the City's stock of high density, tow and moderate income housing. Moreover, permitting low density residential Given the above,we conclude that the City may not development in areas previously set aside for high rely on an exemption from CEQA, it must proceed density projects will necessarily reduce the range of to the next step of the analysis and conduct an housing types,prices and opportunities available in initial threshold study to see if the proposed the City to the frustration of the General Plan's goal Amendment will have a significant impact upon the of facilitating a broad range of housing types. The environment to determine whether a negative City recognized that the Amendment embraces a declaration may be issued. (See Commltree to Save trend towards low density, small lot single-family Xolhavoodland sr{i ro I bl ( aCAlnp {tlr at a dwellings. Thus,arguably, the Amendment changes RL—) the diversity of residential densities established in III. DISPOSITION General Plan. Given this change, it is unclear The judgment is reversed. The trial court is directed whether the City will be able to accommodate its to grant PFPP's petition for a writ of mandamus and share of the regional housing needs. require the City to vacate[•18] both its issuance of an exemption under CEQA concerning the Further, we find the City's reliance on its zoning Amendment,and its September 4,2013, Resolution ordinance as providing guidance on "whether the NO, 23415 terrifying and approving the [Amendment] ha[s) the potential to reduce Amendment.PFPP is awarded its costs on appeal. residential densities" to be misplaced. As the City acknowledges, the zoning ordinance sets no Ramirez,P.J.,and Slough,J., concurred. minimums on residential density. however, the General Plan does. The General Plan is a Page 6 of 7 LiL aced b66bE2£09Zt �1 9b60E69S08t Mzl ADIJUN NUeUG:wejj b0:21 9i02-62-AUW STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISHAND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 16-340410 State Clearinghouse#(if applicable): Lead Agency: CITY OF PALM SPRINGS Date: 10/12/2016 CountyAgencyofFiling: RIVERSIDE LbwwoNo: E-201601137 Project Title: CASE 5.1378 PD 379/ZC/3.3876 MAJ/TTM 36914 Project Applicant Name: GHA ENTERPRISES INC Ph,-Number.- (760)969-1400 Project Applicant Address: 30875 DATE PALM DRIVE, SUITE C, CATHEDRAL CITY, CA 92234 Project Applicant: PRIVATE ENTITY CHECKAPPLICABLE FEES: ❑Environmental Impact Report ®Negative Declaration $2,210.25 []Application Fee WaterDiversion(State WaterResourcesControl Board Only) ❑Project Subject to Certified RegulatoryPrograms ®CountyAdministrationFee $50.00 Q Project that is exempt from fees(DFG No Effect Determination (Form Attached)) ❑Project that isexemptfrom fees(Notice ofExemption) Total Received $2,260.25 Signature and title ofperson receiving payment: Deputy Notes: ACR 533(Est.12/2013) Notice of Determination To: ❑ Office of Planning and Research From: City of Palm Springs 1400 Tenth Street,Room 121 3200 E.Tahquitz Canyon Way Sacramento,CA 95814 Palm Springs,CA 92262 County Clerk ® County of Riverside 2720 Gateway Drive Riverside,CA 92507 Subject Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Case 5.1378 PD-379/ZC/3.3876 MAJ/TTM 36914—Woodbridge Project State Clearinghouse Number: Contact Person: Area Code/Telephone/Extension: (If submitted to Clearinghouse) N/A Flinn Fagg,Director 760-323-8245 Project Location(include county) The subject property is bounded by South Palm Canyon Drive to the east,Belardo Road to the west and the Tahquitz Creek to the north,in the City of Palm Springs,County of Riverside. Project Description The applicant is proposing development of an 81-unit residential project on 12.4f acres.Access will be from South Palm Canyon Drive. This is to advise that the City of Palm Springs has approved the above described project on March 2,2016. ® Lead Agency ❑ Responsible Agency and has made the following determinations regarding the above described projects. 1. The project(® will ❑ will not)have a significant effect on the environment. 2. ® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA 3. Mitigation measures(® were ❑were not)made a condition of the approval of the project. 4. A statement of Overriding Considerations(❑ was ® was not)adopted for the EIR 5. Findings (® were ❑ were not)made pursuant to the provisions of CEQA. This is to certify that the Initial Study with comments and responses and record of project approval is available to the General Public at Palm rin s C777?ity Hall,3200 E.Tahquitz Canyon Way,Palm Springs,CA 92262. 4=-t__-- 47 October 10 2016 Director Si nature(Public Agen ) Date Title F I L E D / P O S T E D County of Riverside Peter Aldana Assessor—County Clerk—Recorder E-201601137 10/12/2016 12:07 PM Fee: $ 22 .25 Page 1 of 00V 1 OM Removed: BY: Deputy ; 621'1��5K�WUl