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2006-07-19 STAFF REPORTS 1G
DESERT TO SEA PROPERTIES SUSAN COGLIANO , REALTOR G . R . I . / BROKER RESIDENT OF PALM SPRINGS SINCE 1959 30 YEARS IN REAL ESTATE SINCE 1976 July 19,2006 TO: City Council City of Palm Springs RE: BMW site plan QUESTIONS: A. Will council please postpone final approval of BMW site plan and send site plan back to planning review for revisions to site plan as follows? Does City Council have power and authority to listen to public at large interests &/or to over rule planning committee oversights & failures to "look" prudently into what is good and right for the public at large effecting 840 nearby residents and more rather than one special BMW car dealer business interest???? 1. Addition of street to west side of parcel from HWY Ill/East Palm Canyon Drive approximately 680 feet with 60'width. 2. The new street shall have light signal for left hand turns to serve general public and residents of Southridge, Rimerest Safari Mobile Home Park and for future development of 64 acres of Indian Lease Land owned by Safari Mobile Home Park owner John Ellis who is interested in developing said acreage. Also for Horizon Mobile Home park residents and general public access for U turns or left hand turns. 3. BMW is receiving under Grant Deed recorded May 4 2006 by City of PS Community Redevelopment Agency use of 7.91 acres of which they are developing about one half or three acres in this current site plan. I ask the City of PS City Counsel to take: a look at the situation of development of 3 acres by BMW as compared to development of 64 acres to be accessed via a new street on the West side of the 7.91 acres. It just snakes good business sense to have a new street that can he used by residents of the 64 acres as well as residents of Horizon Mobile! Home Park consisting of 14 plus acres and Southridge residents with 85 plus home sites and Rimerest condominiums with 52 units on 11.86 acres. 4. The new street and signal light should be placed at the West end of the BMW proposed site and 1320 feet from the signal light at Cherokee. BMW would like their personal signal light 500 feet west of Cherokee which again to my view as a resident of PS since 1959 an inconvenience to stop at BMW personal signal light and another stop 500' again at Cherokee. 5. No other car dealer in the Coachella Valley has their own personal traffic signal light off of HWY III. A query of one of the partners on July 18, 2006 Chris Hector told me that Cathedral City does have this when in fact I replied that the signal light off Perez Road gives access from HWY 111 clear through to Perez then on to Cathedral Canyon and Date Palm, etc. And that signal light serves several independent car dealerships such as Crystal Chrysler, Dodge O'Brien Chevrolet, Toyota/Honda/Mazda/Acuta, Lexus, Saturn & Jessup GM/Cadillac/Hummer formerly Plaza Motors. 11-13 car maker dealers. -2- )uly 19,2006 event of conflict the provisions of DDA shall control. Additionally, item 5. Reservation of existing streets. Grantor (City of PS) excepts and reserves any existing street, proposed street, or portion of any street or proposed street lying outside of the boundaries of the Site which might otherwise pass with conveyance of this site. 7. Fact in 1957 Ellis purchased fee simple land built out in 1959 with 166 spaces. 8. In 1959 City of PS plan shows street on West side of BMW site. In 1965 Ellis acquired 64 acres of Indian Lease Land. In 1966 built an additional 50 mobile home sites to increase the park to 216 spaces. Ellis relied on the City of PS general plan which included the 60' wide 680' long street to access the 64 acres. Additionally, said lease calls for on page 1.5 item 17. Rights of way for streets and utility Lines necessary to full enjoyment of the leased premis4es and development thereof. Such right of way are to be granted by the Secretary in accordance with the approved general development plan and pursuant to the act of February 5, 1948, 62 Stat 17, and any amendments thereto, as supplemented by regulations of the Secretary applicable thereto. The point being that as 111i John EI&s, hei, stated before planning commission the 64 acres is accessible from west side 60'new street as was on Q!E of PS plan when this fa a(l Tuned the Indian Lease land It is important to take a look at the right of woe: full enjoyment rights of the Ellis famd per Abe 1948 statutes. 9. In 1970-1976 homes were built on the lease land & four single family home sites were developed. Then from about 1974 the father Raymond "Bill" Ellis took ill with heart failure &heart attacks and he passed away in 1986 at age 80 years. 10. BMW and City of PS redevelopment agency signed the agreement dated October 27,2005 yet recordation was withheld until May 4, 2006. Then mid to end of May 2006 SUMMERTIME BMW held town hall style meetings at a time of year when many of the ailiacent mobile home park residents were not in town, w1062—So that residents and property owners would not be in town to voice their opposition to the site plan or voice their views at to revisions. B. Is it good business for the City of PS to ask BMW to revise their site plan and development plan after looking at the above TEN factors?Yes, and for more reasons following: 1. As noted above items 1-10 including looking at the benefits that a new street will provide to some Southridge residents 85,Rimerest 52, Safari Park 266 phis single family park residents plus potential about 64 acres to be developed with potential for of 277 new Rimcrest type condominiums based upon Rimcrest having 52 units on 11.86 (12) acres. Plus 266 Safari Park Residents, plus Horizon Mobile Home Park with 160 residents...all total a new street would serve the public at least 840 residents. More importantly these 840 residents are pointed back to Palm Springs proper for services, shopping, commerce and so forth rather than being directed by right hand turns only pointing towards Cathedral City for shopping 2. BMW and planning committee failed to look at the impact of land locking as presented by Mr. John Ellis on July V, 2006 planning meeting. John Ellis 2 -3- July 19,2006 presented a letter which explains the topography is such that disallowing access by street on West side of BMW site would land lock the Indian Lease land parcel from development by the Ellis family trust. 3. Planning committee failed to listen and look which is not right. Planning committee only asked one question and that is does Safati Park have street access?Planning fails to look at undeveloped parcel of 16 acres. 4. Planning fails to look at the property and only listened to BMW agents. BMW agents stated there is a street to access the land. What Planning committee failed to do is to do proper due diligence and to ask Mr. Ellis to explain why BMW is misleading Planning Committee. The fact is that BMW would like to misrepresent that development of R-1 to the west of BMW site and to the west of Safari Park should be accessed DIRECTLY THROUGH THE MIDDLE OF THE MOBILE HOME PARK VIA SANTA MONICA- SUCH PROPOSAL IS ABSURD AND RIDICULOUS. HAS ANYONE ON CITY COUNCIL EVER HEARD OF SUCH A.PREPOSTEROUS RESULT? CAN CITY COUNCIL MEMBERS PICTURE DRIVING THROUGH THE MIDDLE OF A MOBILE HOME PARK TO ACCESS A SOUTHRIDGE LUXURY HOME OR A RIMCREST LUXURY CONDOMINIUM? 5. City of PS planning committee granted on July 12, 2006 requests by BMW to abandon 1320' of frontage public easement along HWY 111/east Pahn canyon Drive. City council should consider making revise their site plan before final approval for a fair trade with BMW ... a trade 1320' of frontage for 680' long public access road with 60'width.This is a fair and reasonable exchange. 6. City of PS and Cal-trans knows well the number of deaths that have happened as a result of Southridge, Rimcrest, Horizon and other residents who have attempted to make a left turn from Southtridge drive or Horizon Village Mobile Home Park. I can name several including the personal loss of Mr. John Ellis own brother in 1974 Michael Ellis tragically at age 29 years. This pretty much took the wind out of father Ellis plans to develop and likely lead to his heart troubles. Michael was victim of hit and run accident right in front of the BMW site. Had the city installed the street and signal light as planned from 1959 general plan this tragic death would not have occurred. I can think of many others Arthur Elrod, world renown interior designer and passenger. Why should one BMW special interest business be the only one to benefit from a traffic light—why not protect the lives of 840 or more residents/citizens??? C.We ask that final approval be set aside for a period of time in which John Ellis can meet with BIA and Tribe to speak with them about the land lock out that the city planning committee(and we hope not city council) is creating as a result of the city failing to recognize contiguous and adjacent property owners to the BMW site prior to approving said development. Once again there is a huge difference between the BMW approx. 3 acre sites as compared to 64 acres of land lease being developed here. More importantly, there is a boom in demand for single family and residential planned unit developments as well as condominiums in and around this location. Take a look at such developments such as Pintura, Luminaire, Pinnacle,Alta and so forth in the south end of Palm Springs. To limit development of surrounding 64 acres is again likely an oversight on the part of the DDA/redevelopment agency. Mr. 3 -4- July 19,2006 Ellis is fighting for his rights. We believe had Mr. Ready had more Palm Springs history and looked further into the impact of land locking Mr. Ellis from his development potential that Mr. Ready would not have been so quick and ready to sign away this DDA agreement to BMW and that Mr. Ready would have incorporated the street on the West BMW property line—particularly in view of the city giving up 1320' frontage of public access to BMW. BMW agents brag in so many words that they won this DDA grant under "threats" that they would move down valley. I am agent for John Ellis and along with Mt John Ellis invite City Council members either as a group or individually to meet at the sites in order to for City coluicil to make an informed decision about revisions requested before approving the BMW site plan. We will provide 4,wheel drive vehicles and iced water, tea or lemonade so that council members can see for themselves that these points are well taken. I am a third generation real estate broker. My late grandfather packaged and named THE SPRINGS COUNTRY CLUB & Morningside Country Club. My folks were instrumental in getting Rimcrest developed as well as Mission Hills Country Club and Palm Springs Waste disposal, Gas company Sunrise location, GTE/Verizon phone building, condominium development on Arenas called Casitas Arenas (lease land to fee simple), etc. I have lived in Palm Springs since 1959 and licensed in real estate since 1976,thirty years this August.. � 7 �r Sincerely yours, Susan Cogliano V Realtor GRI/Real Estate Broker 1. Ex"A"pages 1&2 City of PS Grant Deed dated 10/27/05 recorded 5/4/06..please read paragraphs 1.Last 2 sentences& paragraph 5. 2. Ex"B"&"C"maps showing road on west side of BMW site from 1959 general plan and 1966-1968 street map. 3. Ex"D"Ellis land lease page 15 paragraph 17. 4. Ex"E"1&"E"2 plus plat map %"3 Aerial view w notations P.O.BOX 2525, PALM SPRINGS, CA. 92263 CELLULAR PHONE 760/567-8867 RESIDENCE PHONE :( DIAL*82)760/778-8868• FAX: 760/778-1039 DOC # 2006-0324533 'Record!-,n iuested By 05/04/2006 08:00A ree:NC CHICAUO COMPANY Page 1 of a Doc T Tax Paid Recorded in Official Records County of Riverside FREE RECORDING REQUESTED BY Larry M. Mard AND WHEN RECORDED MAIL TO: Assessor, County Clerk & Recorder I I1�II�+�fIIII��Il�If III�I 4lill�1��11If II�h{��1�I1��II Community Redevelopment Agency lI 1 I I II I I of the City of Pahn Springs 3200 E. Taltquitz Canyon Way M S U PAGE SIZE DA PCO NOCOR SMF MISc. Palm Springs,CA 92262 Attn: Executive Director R L EA COPY LONG REFUND NGNG ExAM .o (Space Above This Line For Recorder's Office Use Only) ]O - G (Exempt from Recording Fee per Gov. Code§6103) se &SA-e— GRANT DEED 01,gl I FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Grantor") acting under the Community Redevelopment Law of the State of California, hereby grants to PARTNERS LAND DEVELOPMENT, LLC, an .Arkansas limited liability corporation("Grantee"),the real property,hereinafter referred to as the "Site," in the City of Patin Springs,County of Riverside, State of California, as more particularly described in Exhibit"A' attached hereto and incorporated herein by this reference. As conditions of this conveyance,Grantee covenants by and for itself and any successors- in-interest for the benefit of Grantor and the City of Palm Springs, a municipal corporation, as follows: ➢. Governing Documents. The Site is being conveyed: (i)pursuant to a Disposition and Development Agreement ("DDA") entered into by and between Grantor and Grantee dated October 27, 2005; and (ii) subject to the terms of the DDA, this Deed, the CC&Rs, and the Redevelopment Plan, as those terms are defined in the DDA. The DDA and the Redevelopment Pl�t are public records on file in the office of the City Clerk of the City of Palm Springs,located 2200 E. Tahquitz Canyon Way, Palm Springs, California 92262, and are incorporated herein by this reference. Any capitalized terms not defined herein shall have the meanings ascribed to them in the DDA. Grantee covenants and agrees for itself and its successors and assigns to develop the Site in accordance with the DDA and thereafter to use, operate and maintain the Site in accordance with the Redevelopment Plan, this Deed, and the CC&Rs. The Site is also C_ conveyed subject to easements and rights-of-way of record and other matters of record. In the event of any conflict between this Deed and the DDA,the provisions of the DDA shall control. 2. Uses. Grantee on an interim basis,prior to the commencement of construction of Phase I of the Project, Developer may use the Site for parking purposes. After commencement of construction of Phase 1,pursuant to the Schedule of Performance,Developer may only use the Site for automobile, track, or other vehicle franchise purposes as part of a regional auto dealer, e. Description: Riverside,CA Document-Year.Doc1D 2006.3245,33 Page: 1 of 8 Order:LP-0748-2006 04-39-47 PM Comment: J. consistent with the terms, covenants and conditions as set forth in the DDA and the CC&Rs; provided that with Grantor's approval, which approval shall not be unreasonably withheld, Grantee may change the use of the Site. In considering whether to grant approval, Grantor may consider those factors set forth in Section 303 of the DDA. The fleet sales and vehicle leases of VIP MOTOR CARS, LTD, a California corporation, wholly owned by VIP MOTOR CARS ACQUISITION, INC., a California corporation (collectively "Dealer") shall be made from the Site to maximize sales tax return to the City of Palm Springs (but this shall not require payment of sales or use taxes on out-of-state business if not required by State law). In addition, Grantee and Dealer shall use the Site only for those uses as permitted in the DDA. Grantee shall have no fright to subdivide, separate, or partition the Site, except upon prior written consent of Grantor, which consent shall not be unreasonably withheld. Breach of the terms, covenants, conditions, and provisions of the DDA and CC&Rs shall be a material breach of this Deed. In general, Grantee, via Dealer, shall operate the business conducted by Dealer on the Site in a prudent manner, exercising customary business practices and hours of operation, to maximize sales and enhance the reputation and attractiveness of the business. 3. Term of Restriction. Grantee hereby covenants and agrees for itself, its successors, its assigns, and every successor-in-interest to the Site that Grantee, such successors and such assigns, shall not develop,operate,maintain or use the Site in violation of the terms and conditions of the DDA, this Deed and the Redevelopment Plan (unless expressly waived in 'writing 'by Grantor) for the term of the Redevelopment Plan; provided that, however, the covenants contained in Sections 7 and 8 shall remain in effect in perpetuity. 4. Right of Re-Entry Prior to Completion. Grantee covenants by and for itself and any successors-in-interest that Grantor shall have the right, at its option, to reenter and take possession of the Site hereby conveyed, with all improvements thereon, and re-vest in Grantor the estate conveyed to the Grantee,if after Closing and prior to recordation of the Certificate of Completion, Grantee or successor-in-interest shall commit a material default as described in Section 705 of the DDA. Pursuant to Section 705 of the DDA, Grantor's right to re-enter, repossess, terminate, and re-vest shall be subordinate to and subject to and be limited by, and shall not defeat, render invalid, or limit (1)any mortgage, deed of trust,or other security interests permitted by the DDA, or (2) any rights or interest provided in the DDA for the protection of holders of such mortgages,deeds of trust, or other security interests. �r 5. Reservation of Existing Streets. Grantor excepts and reserves any existing street, f� proposed street, or portion of any street or proposed street lying outside the boundaries of the Site which night otherwise pass with a conveyance of the Site. 6. Transfer Restrictions. Grantee covenants that prior to the recordation of the Certificate of Completion, Grantee shall not transfer the DDA, the Site or any of its interests therein except as provided in Section 303 of the DDA. 7, Non-Discrimination. Grantee covenants that there shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sec., marital status, age, ancestry, or national origin in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Site, or any portion thereof, nor shall Grantee, or any person claiming under or through Grantee, establish or permit any such practice or practices cl r Description:Riverside,CA Document-Year.DociD 2006.324533 Page:2 of 8 Order. LP-07.18-2006 04-39-47 PM Cornment. I ' i Q r � , R-G_A SEVEN - LAKES DRIVE i � 1320 I R-3 � R-3 G -1 R-T-P I I { � C-2 C-2 EXISTING GENERAL L N 'STREET PLAN i�_ i SEV,AOLE WAY IT ' CITY OF PALM SPRINGS C,*sE LrtO_ S.532 APPROVED BY PLAN. COMM' APPROVED BY Fi OUNGIL. -< DA16r RWARKS' 3t_L.cL Pl a Runauurnc[ t--- OM N0. ' 0 i 0 C, Yk 7 'If M 7 17 j m N Plil '00, 3(0 Nf y JIK "I 7.1 W ilt� W 4* Op to ' I agreements the Lessee shall furnish to the Secretary executed copies thereof V4 2 together with a plat or diagram.,sharing the true Location of the utility lines ' 3 to he canstmcted in accordance therewith. k 17. RI(arrS OF[JAY FOR Sl•RELTS AVO UCILITf U S 5 Lessor hereby consents to the granting of rights of way for streets I i. 8 and utility Lines necessary to the full enjovvent of the leased premises and ! 7 crvelopnent thereof. Such rights of way are to he granted by the Secretan' 1 A i in accordance with the approved genen-al development plan and pursuant to the 9 Act of February S. 19480 62 Stat. 17„ and any anend+ents thereto, as supple- i 10 �� rented by regulations of the Secretary applicable thereto. 11. # L8. EYCOWRAME j 12 This lease, or any right to or interest in this lm%e or any of the 13 improvements on the leased premises nay not he enahnbemd without the written II 14 approval of the Secretary, which approval shall not be unreasonably withheld, 15 and no such encubrance shall he va!id without said apprmai. 16 An eacutdrhante may, he made for the purpose of borrowing capital for 17 the development and improvement of the leased premises providing the enLm- i .18 brance is confined to the leasehold interest of lessee and does not jeopardize . 19 in any way the Lessor's interest in the land. Lessee agrees to furnish as 20 requested any financial statements or analyses pertinent to the enctrnhrance 21 that the Secretary may deem necessary to justify the amount and terns of said 22 ennmhrance- I 23 "Approved encumbrance" herein shall mean an eneunbrance apnrrved by : 24 the Secretary. "F.ncubranceh" herein shall Crean the owner and holder of an 25 approved encumbrance. 26 A. upon default by the Lessee under any of the tenors of an approved 27 encuibrance0 the encuahrancer mar-exercise any rights provided in such approved] :28 eacuabrance, provided that before any sale of the leasehold, whether under !� :as i poxer of sale or foreclosure, the eacnnbrancer shall give to the Secretary and 4 3o the Lessor notice of the same character and duration as is required to he givenil . b 31 to Lessee bs either or hoth such encud,rantr or the laws of the State of J2 I ralifomia. ` LTL-SAO-bee. 1904 ! l'ngr IS of pa.vs Description:Riirerside,CA Document-Year.DocID 1976.14366.3 Page: 18 of 35 order so Comment h, IC h 'I ryt 'f 1 1 Inc 'A • ,t+f r,. ,rrov AC i w i T .':�`'L+%��'eii�' ,�-� p'• � .diFr �e ' '" A^+.c+f s§i'!� i� L� - iA�37N�� � �fi^r•,SRY rY7 - .-xr,�yY Y.r ',! ��t '�I�YiM '` �' � LLc' �Nfc.'�^cr.,r.`,.w. - pp '_M +r ;� � :t `. . ',+w •---� �, ,.ter' y �, '4r,Wl,��'": .'tip � o .•"�f '�•..� ff`� a1 c� t � �, w r" ..tea �saa,.w' �'� iw•ri G' Fw n II aM "wYYrwt 1«�w;gam „ iris uA=xi vairA^eo rex Assessu[xi PUAPasis ov(r.Ila uem(°Y SEC.30 31 T.4S, �R.5E T.R.A. 681 '16 07 '( IS ASSII4C0 COA iRC ACNAACY Oi iH6 OAiA iNO6N.ASSC5509'S FAACi( 011-003 xAr nar iaua(r h'nx mcu(arsvut oa emlolxc srti axolxu¢Ei. CITY OF PALM SPRINGS oil-050 15 I/4 16 IZ a, 0 N AtICC6 0 r6.0O0 Anc F �•• 3 2 510 N0.3 I 25 rDr imp" I 11� rara� I tmfoae r� ! es I I I 6 I I le .mt N. rrasancrvA Nu+ I ! I 25 30 I 30 29 sa..a. ur.uum 36 31 31 J2 697 02 e.rt em ux's na nut a P.5 S6/39—I3 of r� .,5 e of n r ,o-u +-u ASSE6506'6 9AP Hn661 PG.16 PW 1716 NAY T D2001oln� s ,.,, Ai.er:ide U nly, WIN. Apr 3001 aVoi .o fc ii o t; G P� R—G—A SEVEN LAKES DRIVE I I 1320' R— a d i R—3 e la _o 6p9 M R-3 Q \N C -1 R—T—P 41 Ir d\v Jam'.1 C-2 Mich 1;4y �Xv�liltJ (s o s' C-2 I a x EXISTING GENERAL PLAN STREET PLAN SEMINOLE WAY I I EXHIBIT "B" - C ITY OF PALM SPRINGS 1 CASE NO. 5.532 APPROVED BY PLAN. COMMi. DATE APPLICANT APPROVED BY COUNCIL DATE acr;a • ••e I oRn -n I RF` of W) � _y � � d WPM � ■� � O.0 " Mmaw MONO r �tawaa�4^I psi y 4 / � /✓ rrr� C.. yr�M Iil „u°S Hf5 �zwr,4 FF ff r.I �y 1 (�• J h�' ;r'.'"�4,: tip"' `^�,� ■r+C � '� �_ h < �l �r r'�a a ��� •` 4w t1` 0"/:/?,war`,;' (�f'r ✓ fNr, �� Y h '11� ':ha wl ��lyJ, tl w } 1+ �i J� j�i�l i5' ,�I � , I � �ltfb"� a 4 ��F7,YrK✓4 rt�i r t,.6���(df ja� f, �¢�; 7�J�ilz� � ) r; +if.,dYr rvYY"9 / ,j ��\'•`� j =yR.�'y" e '`iur '1 �7'- � F��7r ,11 '', Nvr!','., f1-r`.' ir. ;J Pf '.d"w \�. i • J Ala �'� i�`t iif \ +/ //.v, qOo e � I 'AWL wlCy,;•Y�. ` `yA I' yy 's 'a � ',4 Y�>�a. ,f` C°r'�dr' r1. may• N tT � I � '�Y'F.•`utk'4W6 W . � i � � . My� h '.�•,y. y.�_ ~� _ 7Y'.:�. r,ti:.J "ate � _ ' 4 4 < < Y nn e h n n ry v.d 4w _ r p' Y f xinN - A �y Eoe i "I 11 I xMl,. — a I � k k� h 4� �s y To the Planning commission and City counsel July 11, 06 My name is John Ellis in 1959 my father R.C. Ellis developed Safari Park on 18 acres of fee simple. When Lease was acquired on property to the Southwest of BMW project in the early 1960s access was across the BMW project thru a chain gate. At that time the general plan included a 60'road on the east border of Horizon Park running North- South to Hwy 111 where it remained for over 25yrs. This would be the only access available after BMW project is complete. Having pointed out these facts I would respectfully ask that you give serious consideration to put the road back in the plan at this time of amendment. !� I believe there are 3 issues which this would solve. 1. The access to the leased parcel. Land locking this parcel will be a serious drawback to the feasability of developing this piece of Indian land causing considerable monetary loss for the lease holder, the Land owner and the city in lost revenue. The folks at planning seem to think the property is accessible from Cherokee or Southridge but due to topography this is not possible. fi I 2. Drainage was not engineered properly by misinterpreting the aerial photos mistaking Dry River Beds for trails. This is being addressed now that the city has been made aware of the periodic flooding. Again the solution would be to consider amending the project to include the original access as planned by the city. `This would allow drainage to Hwyl 11 and relieve the existing flood threat. 0 3. Finally but by no means least are our senior citizens living in Horizon Village who have needed and deserve a traffic signal on Hwy 111 which also would be remedied by considering to reinstate the } access road to the east of Horizon.Many deaths have occurred waiting r for relief. It seems to me once the plans are made and the money spent no one is willing to look at problems involving this project or the solutions to them if it means delay or expense. I would also like to know how the leased parcel will be accessed in the future. Thank you for your time and consideration in this regard. Sincerely, John Ellis " �f 47 � d� ua tc � d "k Y�jS de Fs+i�i�l �+yJW a+;h�` LJ'EJ Lt e �N,♦y"kiwx �r r i ! f !r7 " 1 �""r J w � mv��''eL. Ar �L' a,� . . dbT k � y`�H'C"`t I �4 I ,� a r 1¢ J��, + i a a � �1�1 I T a 11 L�'I'��•' ! 4 u It 1 u N L GIs F Sf 1' � � LV � a I L a a tl � �tv a .� � �L ✓Il,�y �� �"d M1,R t pp "*'"�� �, '�;• � Ti � arb�'4 P"i L 1 e: ��1 l�< 1 Y �rd ! 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I.- I ♦ J ��" { EC Y S{ [ I L BES D VXSRH a ♦ I '1 y _ 6 L5 F [R PLATE-, _ THE GENERAL " Nl�ill,�'iippgON@IIlIIU,�IIIIIIIIIIgUpgqrrrrriri/r0:?pi,�//'Iii CITY OF PAIN SPRINGS v �/,,` f //'l/ _ Ji IMITS Ji p ,7�� y u I, li l Jl- r - - P E L E M E N T S O F T E G E N E R AL P L A N I - -= _---- -_ - ;w . --- d{ I ❑ - u, I r ♦ r 1 I r irjl 374.0 •�r A �rr Y r��3 00 go f✓ � � ♦ �` ' � r� rr� � rrr r . �� ♦�♦ ..-D'LtJ � � J , r j �• © H3739 W f ' LI 47' 30" 1 ,�y t\� • '♦ f l\ fi •xr.'"�s a ti'r�f� ��� rr�7}, `��S�l! in ;, c •� any " r'i '/ ,� r �'AI / 600 37 38 _ �' 7YJ �Zr �_ , �00 -- �- y . 37 A. ALM SA4 iy c u a C OR4tE0 rye^ q�IFORN` CITY COUNCIL STAFF REPORT DATE: July 19, 2006 PUBLIC HEARING SUBJECT: GENERAL PLAN AMENDMENT (CASE 5.1101), ZONING TEXT AMENDMENT (CASE 5.1124) AND VACATION OF STREET RIGHT-OF-WAY, FOR THE DEVELOPMENT OF A NEW BMW AUTOMOTIVE DEALERSHIP ON A 7.91 ACRE SITE AT 3737 EAST PALM CANYON DRIVE. CASE NO.: 5.1101 / 5.1124 CASE TYPES: General Plan Amendment, Zoning Text Amendment, Vacation of Street Right-Of-Way FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY The City Council will consider a proposed 39,251 square foot BMW Auto- dealership on 7.91 acres at 3737 East Palm Canyon Drive, immediately to the west of the existing BMW dealership. The project includes a General Plan Amendment to eliminate the requirement for the public frontage road along East Palm Canyon Drive, a zoning text amendment regarding parking setbacks along East Palm Canyon Drive, and vacation of the frontage road to the adjacent landowner. (Approval of Architectural Review for the dealership has been granted by the Planning Commission; Case No. 3.2871.) For CEQA review, a Mitigated Negative Declaration has been prepared. RECOMMENDATION 1. Open the public hearing and receive pubic testimony. t1'FM NO. -" City Council Staff Report July 19, 2006 5.1101 GPA, 5.1124 ZTA, Vacation of Street R-O-W Page 2 of 3 2. Adopt resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP PROPOSED ON 7.91 ACRES AT 3737 EAST PALM CANYON DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD." 3. Waive the reading of text in its entirety and read by title only; and introduce for first reading Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULE PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE. PRIOR ACTIONS On April 24, 2006, the Architectural Advisory Committee (AAC) reviewed the proposed project and recommended approval subject to further review of proposed lighting. On July 12, 2006, the Planning Commission reviewed the project, granted approval of the Architectural Review, and recommended approval to the Council of the General Plan Amendment, Zoning Text Amendment and street right-of- way vacation by a vote of 4-0, with three members absent (See Attachment 3). The Planning Commission included two revisions to the Architectural Review conditions: A limitation that the frontage road could not be closed to public access without further public review and a prohibition on outside paging systems. STAFF ANALYSIS The project proposes to develop a new automobile dealership on 7.91 undeveloped acres at 3737 East Palm Canyon Drive. The dealership includes a two story building with third story rooftop parking. The building is located near the center of the site, set back more than 125 feet from East Palm Canyon Drive. The proposed building has a modern design, consistent with the BMW theme. The dealership will include sales, service and office space. The existing dealership building would be reconfigured as part of an expansion of the adjacent Infiniti and Mercedes dealerships. Associated with the project is a General Plan Amendment to eliminate the requirement for a public frontage road along East Palm Canyon Drive; the proposal also includes vacating the existing frontage road in front of the dealerships, which would become a private roadway. To provide for vehicle City Council Staff Report July 19,2006 5.1101 GPA, 5,1124 ZTA,Vacation of Street R-O-W Page 3 of 3 display and needed parking for the dealership, a proposed zoning text amendment would allow for parking within the 125-foot special setback along East Palm Canyon Drive. Detailed analysis is provided in the attached Planning Commission staff report dated July 12, 2006 (Attachment 4). Findings in support of approving the proposed project, including the General Plan Amendment, Zoning Text Amendment, Major Architectural Approval, and Roadway Vacation are included in the attached draft resolutions of approval (Attachment 2). Staff and the Planning Commission have reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project, after the inclusion of specific mitigation measures contained in the Draft Mitigated Negative Declaration, will not have a significant adverse effect on the environment. The Mitigated Negative Declaration is contained in Attachment 5 to this staff report. Fiscal Impact: Finance Director Review The project will have a beneficial fiscal impact through 1) collection of sales tax revenues from the new / expanded dealership, and 2) reduction in maintenance expenses for the East Palm Canyon Frontage Road. /� Leda A. wing/ CID Thomas Wilson,/Assistant City Manager Director of PI nni g Services David H. Ready, City Mana qe' Attachments: 1. Vicinity Map 2. Draft Resolution and Ordinance 3. Planning Commission Resolution with Conditions of Approval 4. Planning Commission Minutes dated 7/12/06 (draft) 5. Planning Commission Staff Report dated 7/12/06 6. Reduced Size Copy of Preliminary Site Plan 7. Draft Mitigated Negative Declaration N Department of Planning Services W+E Vicinity Map S 4powN�� m m m m mm m m �m m m <1 Gl- O T ¢ P F- U H q <,q OF q S � P��P TiCO C w N'717 T W Y !r W ILI U Sy_77y � A w ¢ o z SANTA MARIA CCD ¢O U �J ¢ O SANTA MONICA `t w `0 � � o o - -� SANTA PAULA m to¢ p CAMARILLO � Legend U N ¢ CAMARILLO z W Project Area 400ft Buffer O NEWPORT DR A O U��� G� CITY OF PALM SPRINGS CASE NO: 5.1101 GPA DESCRIPTION: A proposed new automobile dealership 3.2871 MAJ facility and an application for a General Plan Amendment to 5.1124 ZTA delete the existing public frontage road along East Palm Canyon Drive and a Zoning Text Amendment to allow APPLICANT: BMW Motors of Palm Springs parking within the East Palm Canyon Drive setback, Zone C2, Section 30. APN: 681-070-016. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP PROPOSED ON 7.91 ACRES AT 3737 EAST PALM CANYON DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD. WHEREAS, BMW of Palm Springs (the "Applicant") has filed applications with the City pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance for a Major Architectural Review (Case 3.2871) and pursuant to Government Code section 65350 et seq for a General Plan Amendment (Case No. 5.1101), and pursuant to the Subdivision Map Act for Vacation of public right-of-way, all to allow the development project of a new BMW Automotive Sales and Service facility at 3737 East Palm Canyon Drive, in the C-2 Zone, APN 681-070-016, and WHEREAS, a Mitigated Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) Guidelines and that the Planning Commission hereby recommends to the City Council adoption of said Mitigated Negative Declaration as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, on July 12, 2006, following notification in the prescribed manner, the Planning Commission conducted a public hearing to consider Case No. 5.1101 General Plan Amendment, Architectural Review and vacation of street right-of-way, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, environmental documentation, and all written and oral testimony presented; and approved the Architectural Review and adopted a recommendation to City Council in support of the proposed General Plan amendment and street right-of-way vacation; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider General Plan Amendment (Case No. 5.1101,) and the vacation of the East Palm Canyon Drive right-of-way was given in accordance with applicable law; and WHEREAS, on July 19, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony Resolution No. July 19, 2006 Case 5.1101 GPA,etc. Page 2 of 3 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE, AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Councils independent judgment and analysis. Section 2: The City Council adopts the Mitigated Negative Declaration for a General Plan Amendment (Case No. 5.1101), and the vacation of the East Palm Canyon Drive street right-of-way, and directs staff to file the associated Notice of Determination. Section 3: That the proposed General Plan Amendment to change the classification of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major Highway", between Sunrise Way and the eastern City Limits is consistent with current City policies and other similar applications within the general area because, 1) the existing frontage road design creates inefficient closely spaced intersections, 2) that any capacity created by the frontage road is not needed, and 3) elimination of the frontage road as a requirement of the General Plan will establish a more consistent circulation pattern along the length of East Palm Canyon Drive. Section 4: That the proposed vacation of the East Palm Canyon frontage road conforms to the General Plan, because Policy 7.1.12 of the Infrastructure and Community Services Element states: 7.1.12. Unneeded sections of street right-of-way shall be considered for use as linear parks or as bicycle, or other alternative transportation facilities, rather than be abandoned; and the section of frontage road along East Palm Canyon is an unneeded section of street right-of-way, and can be used as an alternative transportation facility for privately- maintained accessway to the automobile dealerships on East Palm Canyon. Section 5: The City Council approves Case Number 5.1101, General Plan Amendment to amend the Palm Springs General Plan Land Use and Circulation Map by reclassifying East Palm Canyon Drive from "Major Thoroughfare with Marginal Access Road" to "Major Thoroughfare", between Sunrise Way and the eastern City limits. Section 6: The City Council approves a vacation of street right-of-way along East Palm Canyon abutting the existing and proposed auto dealerships along the south side of East Palm Canyon, west of Cherokee Way. ADOPTED THIS 19th day of July, 2006. Resolution No. July 19, 2006 Case 5.1101 GPA,etc. Page 3 of 3 David H. Ready, City Manager ATTEST: James Thompson, City Clerk ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULE PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE. WHEREAS, the City of Palm Springs has initiated a Zoning Ordinance Text Amendment pursuant to Section 94.07.01 of the Palm Springs Zoning Code to allow vehicle parking for automobile sales agencies located along East Palm Canyon Drive; and WHEREAS, a Mitigated Negative Declaration has been prepared for the proposed amendment pursuant to the California Environmental Quality Act (CEQA) Guidelines as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, on July 12, 2006, following notification in the prescribed manner, the Planning Commission conducted a public hearing to consider Case No. 5.1124, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, environmental documentation, and all written and oral testimony presented; and adopted a recommendation to City Council in support of the proposed amendment; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1124, Zoning Text Amendment was given in accordance with applicable law; and WHEREAS, on July 19, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN, AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and Resolution No. July 19, 2006 Case 5.1124 ZTA,etc. Page 2 of 3 considered the information contained in the MND prior to its review of this project and the MND reflects the City Councils independent judgment and analysis. Section 2: The City Council adopts the Mitigated Negative Declaration for Zoning Text Amendment (Case No. 5.1124), and directs staff to file the associated Notice of Determination. Section 3: The City Council hereby determines that the proposed Zoning Text Amendment to allow parking for new car dealerships within the special setbacks along East Palm Canyon Drive, between Sunrise Way and Golf Club Drive, is consistent with the intent of the Zoning Code in that it provides for the needs of auto retailers along a major thoroughfare without creating adverse affects on adjacent property or residents, and will therefore promote and protect the public health, safety and welfare of the residents, and provide for the economic advantages that result from comprehensive and orderly planning. Section 4: The City Council approves Case Number 5.1124, Zoning Text Amendment to amend the Palm Springs Zoning Code Section 93.01.02.B.2 to read, as follows: "Swimming pools and garden walls may be allowed within the required setback, parking facilities shall not be permitted. For automobile dealerships, the setback for parking facilities shall be sixty (60) feet from the centerline of East Palm Canyon Drive, or ten (10) feet from the front property line, whichever is greater. Accessory pool or mechanical equipment may also be permitted within the required setback, if screened from public view." ADOPTED this xxth day of month, year. MAYOR ATTEST: 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, California, do hereby Resolution No. July 19,2006 Case 5.1124 ZTA, etc. Page 3 of 3 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 \ RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGAGED NEGATIVE DECLARATION, APPROVE MAJOR ARCHITECTURAL APPROVAL CASE 3.2871, APPROVE CASE NO. 5.1101 GPA FOR A GENERAL PLAN AMENDMENT, APPROVE VACATION OF 51 FEET OF RIGHT-OF-WAY ALONG EAST PALM CANYON DRIVE, AND APPROVE A ZONING TEXT AMENDMENT FOR SPECIAL SETBACK PROVISIONS FOR PARKING, ALL TO ALLOW A BMW AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT AT 3737 EAST PALM CANYON DRIVE, ZONE C-2, SECTION 30 ,APN. 681-070-016 WHEREAS, BMW of Palm Springs (the "Applicant') has filed applications with the City pursuant to Section 15070(b) of the California Environmental Quality Act (CEQA), and pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance for a Major Architectural Review (Case 3.2871) and Section 94.97.01 of the Palm Springs Zoning Ordinance for a Zoning Ordinance Text Amendment, and pursuant to Government Code section 65350 et seq for a General Plan Amendment (Case No. 5.1101), and pursuant to the Subdivision Map Act for Vacation of public right-of-way, all to allow the development project of a new BMW Automotive Sales and Service facility at 3737 East Palm Canyon Drive, in the C-2 Zone, APNI 681-070-016, and WHEREAS, a Mitigated Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) Guidelines and that the Planning Commission hereby recommends to the City Council adoption of said Mitigated Negative Declaration as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, on April 24, 2006 the Architectural Advisory Committee reviewed Major Architectural Review Permit (Case 3.2871) to allow a BMW Automotive Sales and Service Establishment, including building construction, architectural review, and site plan improvements; and WHEREAS, on April 24, 2006 the Architectural Advisory Committee determined that the proposed BMW automotive sales and service facility will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and that development is aesthetically of good composition, materials, textures, and colors; and therefore recommended to the Planning Commission the conditional approval of Case 3.2871, with the stated condition that the site lighting plan be amended and returned to the Architectural Advisory Committee for review and approval; and Planning Commission Resolution July 12, 2006 Case 5.1101 GPA, etc. WHEREAS, on July 12, 2006, following notification in the prescribed manner, the Planning Commission conducted a public hearing to consider Case No. 5.1101 and .associated applications, at which hearing 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, environmental documentation, and all written and oral testimony presented; and WHEREAS, the Planning Commission hereby incorporates the facts of the staff report prepared for this application and dated July 12, 2006 as its own findings of fact. NOW, THEREFORE THE PLANNING COMMISSION HEREBY FINDS, AS FOLLOWS: 1. That the proposed General Plan Amendment to change the classification of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major Highway", between Sunrise Way and the eastern City Limits is consistent with current City policies and other similar applications within the general area because, 1) the existing frontage road design creates inefficient closely spaced intersections, 2) that any capacity created by the frontage road is not needed, and 3) elimination of the frontage road as a requirement of the General Plan will establish a more consistent circulation pattern along the length of East Palm Canyon Drive. 2. That the proposed Zoning Ordinance Text Amendment to allow parking for new car dealerships within the special setbacks along East Palm Canyon Drive, between Sunrise Way and Golf Club Drive, is consistent with the intent of the Zoning Code in that it provides for the needs of auto retailers along a major thoroughfare without creating adverse affects on adjacent property or residents, and will therefore promote and protect the public health, safety and welfare of the residents, and provide for the economic advantages that result from comprehensive and orderly planning. 3. That the proposed project has been reviewed in light of the guidelines of Section 94.04.D of the Palm Springs Zoning Code and found to be in conformance with those guidelines, subject to further review of the lighting plan. 4. That the proposed vacation of the East Palm Canyon frontage road conforms to the General Plan, because Policy 7.1.12 of the Infrastructure and Community Services Element states: 7.1.12. Unneeded sections of street right-of-way shall be considered for use as linear parks or as bicycle, or other alternative transportation facilities, rather than be abandoned,- and the section of frontage road along East Palm Canyon is an unneeded section of street right-of-way, and can be used as an alternative transportation facility Planning Commission Resolution July 12, 2006 Case 5.1101 GPA, etc. for privately-maintained accessway to the automobile dealerships on East Palm Canyon. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves, subject to conditions incorporated into and made a part of this Resolution, as Exhibit A: 1. A recommendation that the City Council adopt the Mitigated Negative Declaration and direct that a Mitigation Monitoring and Reporting Program (MMRP) be prepared; 2. Major Architectural Approval Case 3.2871; 3. A recommendation that the City Council adopt a Resolution approving General Plan Amendment, Case No. 5.1101; 4. A recommendation that the City Council adopt a Zoning Text Amendment Case 5,1124, and 5. A determination that the proposed vacation of the southern fifty one (51) feet of right-of-way for East Palm Canyon Drive conforms to the Palm Springs General Plan; ADOPTED this day of , 2006. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary EXHIBIT A CASE 3.2781-MAJ CASE 5.1101-GPA CASE 5.1124-ZTA 3737 East Palm Canyon Drive BMW DEALERSHIP July 19, 2006 DRAFT 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 and Zoning, 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 Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.2781. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Conditions of Approval .July 19,2006 -- Page 2 Case 3.2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs 3. Time extensions may be granted by the Planning Commission upon demonstration of good cause. The proposed development of Major Architectural Approval 3.2781 is as shown and approved by the Planning Commission as Attachment 2 to the staff report dated July 12, 2006. 4. That the applicant and successors and assignees in interest shall maintain and repair the project improvements, including without limitation all structures, sidewalks, landscape, irrigation, lighting, signs walls and fences directly related to the proposed use, 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 applicant's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. 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 feeing 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. Final Design 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal.. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation 7. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the Major Architectural Approval. 8. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review by the Architectural Advisory Committee and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to Conditions of Approval July 19,2006 -- Page 3 Case 3.2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. Exterior lighting shall be: a. Architecturally integrated with the character of the associated structures, site design and landscape; b. Directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so light is confined within the boundaries of the subject parcel; C. Installed so lights do not blink or flash and are not of unusually high intensity or brightness; d. Appropriate in height, intensity and scale to the uses and the site they are serving; and e. Installed in conformance with the provisions of this section, the building code, and the electrical code, and under appropriate permit and site inspection. General Conditions/Code Requirements Landscaping 9. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. Air Quality 10. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 11. Prior to the approval of a grading permit, the applicant shall submit, and the City Engineer shall review and approve, a Construction Air Quality Management Plan. This plan shall demonstrate that peak day construction emissions shall not exceed the current SCAQMD thresholds for daily emissions of NOx and PM10. If necessary, the Plan shall place limitations on simultaneous construction activities to ensure that the emission thresholds are not exceeded. This Plan may be combined with other construction air quality plans as may be required. (MM-AIR- 1) 12. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 13. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Conditions of Approval July 19,2006 -- Page 4 Case 3.2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs Engineering Division with the first submittal of a grading plan. Cultural Resources '14. The Palm Springs General Plan's Policies 5b and 16 require immediate cessation of construction/grading activities and notification of the City in the event archeological resources are uncovered. A qualified archaeologist shall be summoned to determine the significance of uncovered resources and specify appropriate mitigation. The recovery and/or recordation of any archeological resource would occur per applicable local, State, and/or federal requirements. 15. The following standard conditions will be applied to the project: a. Based on the project location within the Traditional Use Area, the Agua Caliente Tribal Historic Preservation Office requests copies of any cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. b. Experience has shown that there is always a possibility of encountering buried cultural resources during construction-related excavations. Given that, the Tribe requests that an Approved Cultural Resource Monitor(s) be present during any survey and/or any ground-disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt, and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, to prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente THCP. Signage and Site Requirements '16. Separate architectural approval and permits shall be required for all signs. The applicant shall submit an application for a sign permit to the Department of Planning Services for review and approval prior to the certificate of occupancy. 17. No sirens or any type of signalization will be permitted, except approved alarm systems. '18. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 19. 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. Design Characteristics 20. All materials on the flat portions of the roofs shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or Conditions of Approval July 19,2006 -- Page 5 Case 3 2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. Parking 25. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicapped parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 26. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. 27. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. I=xport of Soil 28. 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). Conditions of Approval July 19,2006 -- Page 6 Case 3.2781-MAJ, Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs POLICE DEPARTMENT I. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT Construction Site Security and Protection: 'I. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 2. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 14 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 3. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 4. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. Fire Protection Requirements. ;i. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 6. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. i'. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located in the main line, as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760- 323-8186 for a KNOX application form. 8. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. Conditions of Approval July 19,2006 -- Page 7 Case 3.2781-MAJ, Case 5A 101-GPA&5.1124-ZTA BMW of Palm Springs 1). Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. '10. Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. b. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. c Roads must be 40 feet wide when parking is not restricted. '11. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4- 02. '12. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) '13. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. '14. Fire Flow: The required fire flow for this project is 1500 gallons per minute. 13UILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ADA 2. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. Conditions of Approval July 19,2006 -- Page 8 Case 3.2781-MAJ,Case 5 1101-GPA&5.1124-ZTA BMW of Palm Springs 3. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 4. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks 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 East Palm Canyon Drive frontage of the subject property. Parking 5. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 6. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 7. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 8. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 9. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. '10. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 11. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. (ENGINEERING DEPARTMENT: (Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. ;Streets 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Department. The plans shall be approved by the City Engineer prior to issuance of any building permits. Conditions of Approval July 19,2006 -- Page 9 Case 3.2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs 3. Vacation of existing public right-of-way is required to facilitate the proposed development application. Vacation of public right-of-way for the southerly 51 feet of East Palm Canyon Drive will be necessary. The applicant shall be responsible for coordinating approval of the vacation of the public right-of-way with all affected public utility agencies. The applicant shall coordinate final relocation, adjustment or abandonment of all utilities with the respective utility agencies; and shall coordinate demolition of existing improvements as necessary, with the Engineering Division. East Palm Canyon Drive 4. Applicant shall apply for the vacation of the southerly 51 feet of right-of-way for East Palm Canyon Drive from Cherokee Way to the west property line of that parcel identified by APN 681-070-016. Developer shall be responsible for final resolution of all utilities, demolition of existing improvements as necessary, and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. 5. An application for an Encroachment Agreement shall be made through the Engineering Division to allow installation of vehicle display areas within the right- of-way of East Palm Canyon Drive. Vehicle display areas are subject to further review, and shall be relocated away from proposed driveways access points such that minimum required sight distance is maintained as required by the City Engineer. Application for the Encroachment Agreement shall be approved prior to issuance of a certificate of occupancy. 6. An application for an Encroachment Agreement shall be made through the Engineering Division to allow installation of restricted movement medians at the proposed driveways, within the right-of-way of East Palm Canyon Drive. Application for the Encroachment Agreement shall be approved prior to issuance of a certificate of occupancy. '7. Remove the existing 8 inch curb and gutter located 32 feet south of centerline, and construct an 8 inch curb and gutter, 38 feet south of centerline across the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 8. Remove the existing driveway access points to East Palm Canyon Drive and construct a maximum of two, 65 feet wide driveway access points. The access points shall be subject to further review and approval by the City Engineer, with the easterly access point located between the existing Infiniti and BMW car dealerships; and the central access point located between the existing BMW and future BMW car dealerships. The driveway access points shall be constructed in Conditions of Approval July 19,2006 -- Page 10 Case 3.2781-MAJ, Case 5.1101-GPA&5.1124-ZTA SMW of Palm Springs a manner to prohibit left-turn access into or out of the driveway, using a raised median "pork-chop" constructed with 6 inch curb and stamped, decorative colored concrete. The raised median "pork-chop" design shall be reviewed and approved by the City Engineer. 9. Construct a full-access driveway located approximately 1,070 feet west of Cherokee Way, aligned with the interior driveway to the proposed BMW car dealership. The driveway shall be constructed with 12 feet wide raised median constructed with 6 inch curb and stamped, decorative colored concrete. Two ingress lanes (14 feet wide and 12 feet wide), and two egress lanes (14 feet wide and 12 feet wide) shall be provided, with appropriate traffic striping, signage and markings, as required to facilitate access using the proposed traffic signal. The full-access driveway location is subject to further review by the City Engineer, including the ability for vehicle stacking and maneuvering on-site within the private frontage road associated with the use of the proposed traffic signal. Additional study or analysis may be required to be submitted by the applicant to demonstrate that the proposed intersection will function efficiently. '10. Construct an 8 feet wide cross-gutter with spandrels (as appropriate) at the proposed driveway access points, in accordance with applicable City standards. '11. Construct an 8 feet wide meandering sidewalk along the East Palm Canyon Drive frontage. '12. Remove and replace the existing curb ramp at the southwest corner of the intersection of Cherokee Way and East Palm Canyon Drive/frontage road, upon a review and determination by the City Engineer and/or ADA Coordinator that the existing curb ramp does not meet current ADA standards. If required, construct a Type A or B curb ramp (as field conditions require) meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 212 or 213 (as required). '13. 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 a clean sawcut edge of pavement along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. Conditions of Approval July 19,2006 -- Page 11 Case 3.2781-MAJ, Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs (fin-Site 14. The on-site layout of travelways and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed driveway access points, and deletion or relocation of proposed parking spaces may be required during review and approval of plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of travelways and parking spaces as proposed. '15. An accessible pedestrian path of travel shall be provided throughout the project, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. '16. The minimum pavement section for all on-site pavement shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. '17. Bay parking shall be allowed along the southerly side of the private frontage road adjacent to those parcels identified by APN 681-070-008, APN 681-070-025 and APN 681-070-027, except at proposed driveway access points. 'I8. Parking shall be restricted along the northerly side of the private frontage road extending the entire frontage; a minimum 24 feet wide clear two-way travel way shall be maintained. Regulatory Type R26 "No Parking" signs or red curb shall be installed as necessary to enforce parking restrictions along the north side of the private frontage road or any other location in which there are parking restrictions. Provisions for regulation of on-site parking restrictions shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the project (if any). Sanitary Sewer '19. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Grading 20. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. Conditions of Approval July 19,2006 -- Page 12 Case 3 2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs 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 contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 22. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 23. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 24. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. Conditions of Approval July 19,2006 -- Page 13 Case 3 2781-MAJ,Case 5.1101-GPA&5 1124-ZTA BMW of Palm Springs 25. 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). Drainage 26. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. A Preliminary Hydrology Analysis for the project, prepared by DMc Engineering, dated May 18, 2006, has been submitted, but not yet approved by the City Engineer. The volume of increased stormwater runoff due to development of the site shall be retained on-site. 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. A Final Hydrology Analysis will be required to determine retention system sizing and location, and other stormwater runoff mitigation measures, which may require redesign or changes to site configuration or layout consistent with the findings of the Final Hydrology Analysis as approved by the City Engineer. 27. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 28. Construct storm drain improvements, including but not limited to catch basins, storm drain lines and underground retention systems, for drainage of the project into an on-site underground retention system, as described in an approved Final Hydrology Analysis. The Final Hydrology Analysis for the project shall include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on-site storm drainage improvements. 29. All on-site storm drain systems shall be privately maintained. Maintenance and/or replacement of the system may require removal of existing paving, landscaping, or lighting improvements at the sole expense of the property owner. The City reserves the right to inspect and ensure that the underground retention system is operable, and in the event of its failure, the City shall have the right to advise the property owner and require its repair or replacement to the satisfaction of the City Engineer. Provisions for maintenance of the on-site storm drain Conditions of Approval July 19,2006 -- Page 14 Case 3 2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs improvements shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the project (if any). 30. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer. 31. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,522.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. General 32. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 33. All proposed utility lines shall be installed underground. 34. 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 Conditions of Approval July 19,2006 -- Page 15 Case 3.2781-MAJ, Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north property line adjacent to East Palm Canyon Drive, and the existing overhead utilities across the property line between the parcels identified by APN 681-070-013 and 681-070-016, meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. As soon as available, a 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. 35. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 36. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 37. 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. 38. 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. 39. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. Traffic 40. Install a traffic signal at the intersection of East Palm Canyon Drive and the westerly driveway access point (located approximately 1,070 feet west of Cherokee Way). The applicant shall submit traffic signal installation plans Conditions of Approval July 19,2006 -- Page 16 Case 3.2781-MAJ,Case 5.1101-GPA&5.1124-ZTA BMW of Palm Springs prepared by a California registered) Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. 41. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the project. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by widening of the sidewalk, or by the relocation of any obstructions within the sidewalk. 42. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a certificate of occupancy. 43. Submit traffic striping plans for East Palm Canyon Drive, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 44. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 45. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS Cityof Palm Springs �� ;i f 'r ! I)j - �n� l', i� Planning Commission Minutes Ur'; .!U of July 12, 2006 4. Case 3.2871 MAJ / 5.1001 GPA / 5.1124 ZTA - An application by BMW Motors of Palm Springs for approval of a Major Architectural Approval and for a proposed new automobile dealership facility on a undeveloped lot located at 3737 East Palm Canyon Drive; and associated with the project is a General Plan Amendment to delete the requirement for a public frontage road along East Palm Canyon Drive, and a Zoning Text Amendment to allow parking within the East Palm Canyon Drive setback, Zone C2, Section 30, APN 681-070-016. That the Planning Commission approve the Major Architectural and recommend the approval of the Zone Text Amendment and General Plan Amendment to City Council. Contract Planner, Lyn Calerdine, LSA Associates, gave background information as outlined in the staff report dated July 12, 2006. Chair Marantz requested clarification on the frontage road. Chair Marantz opened the Public Hearing. Jerry Johnson, one of the owners, indicated that they have made a commitment to stay in Palm Springs; gave additional information and requested clarification on Building, Conditions of Approval #8 and #9. relating to the shading requirements.and Engineering Condition #11. John Ellis, Palm Springs, submitted a letter, and voiced his concern relating to the frontage road, drainage and requirement of a traffic signal light on Highway 111. ;iusan Cogliane, Palm Springs, voiced her concerns relating to the frontage road and requested further review. There being no further comments, Chair Marantz, closed the public hearing. Lyn Calerdine and Craig A. Ewing addressed the Commission's concern to John Ellis' statement of the frontage Further discussion was made to Safari Park's and Horizon accessibility. Vice Chair Hochanadel requested clarification on the conditions not allowing paging systems. M/S/C (Hutcheson/Ringlein, 4-0, 3 absent/Cohen, Roath, and Shoenberger) To approve the Major Architectural and recommend the approval of the Zone Text Amendment and General Plan Amendment to City Council; with the following modifications: Authorization must be obtained with the City of Palm Springs for any changes to the frontage road by the applicant and new owner. -Condition #17, to read as follows: No sirens, paging systems or any type of signalization will be permitted, except approved alarm sytems. -i I; �I1 / I iy G1 u k k cq�IFOR��P Planning Commission Staff Report Date: July 12, 2006 Case No. and Case 3.2871 Major Architectural Approval, Type: Case 5.1124 Zoning Text Amendment, and Case 5.1101General Plan Amendment Location: 3737 E. Palm Canyon Drive, a 7.91-acre vacant site abutting the existing BMW dealership to the west Applicant: BMW of Palm Springs Zone: C2 -- General Commercial General Plan: GC —General Commercial APN: 681-070-016 From: Director of Planning Services PROJECT DESCRIPTION BMW of Palm Springs proposes to develop a new BMW automotive sales and service facility on a 7.91-acre undeveloped site at 3737 East Palm Canyon Drive immediately west of the existing BMW dealership in a C-2 General Commercial Zone, including the following actions: • Approval of Mitigated Negative Declaration; • Adoption of Major Architectural Approval (Case 3.2871); • Adoption of a Text Amendment to the Palm Springs Zoning Ordinance, Section 93.01.02.B that states that the special setback provisions (125 ft.) along East Palm Canyon Drive shall not apply where existing buildings are closer than 125 feet, and that parking is an allowed use in the setback area for automobile dealerships (Case 5.1124); • Adoption of a General Plan Amendment to change the Land Use Classification of East Palm Canyon Drive from "Major Thoroughfare with Frontage Road" to Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 2 of 11 "Major Thoroughfare" between Sunrise Way and the eastern City Limits (Case No. 5.1101); and • Vacation of the southerly fifty one (51) feet of right-of-way for East Palm Canyon Drive, which consists of the existing public frontage road and a portion of existing landscaped parkway between the frontage road and East Palm Canyon Drive. RECOMMENDATION That the Planning Commission take the following actions (draft resolutions to be provided at the meeting): • Approve the Mitigated Negative Declaration to develop a new BMW automotive sales and service facility on a 7.91-acre undeveloped site located at 3737 E. Palm Canyon Drive, immediately west of the existing BMW dealership in Palm Springs; • Approve the Major Architectural Approval Case 3.2871; • Recommend to City Council approval of Ordinance for a Text Amendment to the Zoning Ordinance Case No 5.1124; • Recommend to City Council approval of General Plan Amendment, Case No. 5.1101; and • Forward a determination to the City Council that the requested vacation of the East Palm Canyon right-of-way is in conformance with the General Plan. PRIOR ACTIONS TAKEN ON THE PROJECT The Architectural Advisory Committee reviewed the project on April 24, 2006; they recommended approval of the project site plan and building architecture, subject to further review of project lighting plans. BACKGROUND AND SETTING The subject property is a 7.91-acre undeveloped parcel located immediately west of the existing BMW automotive dealership on East Palm Canyon Drive in Palm Springs. The project site is bounded by East Palm Canyon Drive to the north, Santa Ana Street and an existing mobile home park to the south, the existing BMW dealership to the east, and Sun Street and an existing mobile home park to the west. The proposed project will develop up to 39,251 square feet of general commercial use in one two-story structure adjacent to the existing sales and service center. This structure will be two stories in height, with a roof parking deck above the second floor. The first floor will consist of 19,219 square feet with the sales and service center; the second floor will consist of 10,032 square feet of office with an additional 20,940 square feet of covered parking; and the roof deck will be 22,793 square feet of uncovered parking and vehicle storage. A 1.7-acre parcel near the northwest corner of the site will be reserved for future parking or other uses. Thus, this parcel will not be developed at this time. Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 3 of 11 The existing BMW dealership is proposed to be redeveloped for expansion by neighboring Mercedes and Infiniti dealerships. Major elements of the proposed project include the following: a) Adoption of Major Architectural Approval (Case 3.2871); b) The Palm Springs zoning ordinance Section 93.01.02.13 will be amended as follows (proposed amendment is underlined): B. East Palm Canyon Drive Setback (Between Sunrise Way and Golf Club Drive): 1. The building setback line on the north and south sides of the street shall be one hundred twenty-five (125) feet from centerline of East Palm Canyon Drive between Sunrise Way and Golf Club Drive, except where an existing building precludes such a setback. In that case the existing building setback is the minimum setback for that lot. 2. Swimming pools and garden walls may be allowed within the required setback; parking facilities shall not be permitted, except for new car automobile dealerships where parking is permitted within the required setback area. Accessory pool or mechanical equipment may also be permitted within the required setback, if screened from public view. c) Adoption of a General Plan Amendment (Case 5.1101) to change the classification of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major Highway" (to eliminate the requirement for a frontage road along East Palm Canyon Drive) between Sunrise Way and the eastern City Limits; d) Vacation of the southerly 51 feet of right-of-way for East. Palm Canyon Drive, which consists of the existing public frontage road and a portion of existing landscaped median between the frontage road and East Palm Canyon Drive. The existing roadway will become private access for the three automotive dealerships; and In addition to the above approvals, the project includes the following public improvements that will be conditioned on the project: a) Widening the south side of East Palm Canyon to a paved width of 38 feet within a 50 foot (half-section) right-of-way; b) Installation of a traffic signal for the proposed full access driveway on East Palm Canyon Drive; and c) Undergrounding of existing overhead Edison lines along East Palm Canyon Drive between the proposed site's western property line and Cherokee Way. Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 4 of 11 The following table describes the current General Plan land use designations and zoning map designations for the project site and surrounding areas. Table 1: Surrounding land uses, General Plan, Zoning Existing Land General Plan Land Use Zoning Map Land Use Use Designation Designation Project Site Undeveloped GC- General Commercial C2 General Commercial North Residential M-8 RG-A 8 South Mobile Home Park M-15 RHMP East Automobile Sales G-C C-2 'West Mobile Home Park M-15 RHMP ANALYSIS General Plan Amendment and Consistently The proposed land use (automobile dealership) is consistent with the General Plan Land Use Designation of General Commercial. However, the General Plan calls for the development of a public frontage road along East Palm Canyon Drive between Sunrise Way and the eastern City limits. The project proposes to develop a privately owned frontage road abutting the new dealership, and to vacate the existing frontage road in front of the existing dealerships. The frontage road would be retained as a privately owned facility serving both the existing and proposed dealerships. Consistent with past City actions regarding the frontage road, the project proposes to amend the General Plan Circulation Element by changing the designation of East Palm Canyon Drive from "Major Highway with Frontage Road" to a "Major Highway" (i.e., eliminate the requirement for a frontage road along East Palm Canyon Drive). At the City Council meeting of June 7, 2006, the City Council approved a similar deletion of the frontage road adjacent to the proposed Smoketree Commons Shopping Center, and most of the remaining sections of the frontage road have either been deleted or constructed in a few locations. To avoid further piece-mealing of frontage road General Plan Amendments, the GPA proposed with this project would eliminate the requirement for the frontage road completely between Sunrise Way and the eastern City Limits. For the BMW project, this change would allow the transfer of the existing frontage road from City ownership to private ownership. The site plan for the proposed new dealership indicates that the applicant would maintain the existing frontage road in approximately its present location as a private roadway. The GPA would also eliminate the frontage road requirement for the two remaining undeveloped parcels fronting East Palm Canyon Drive: the parcel west of the Rimrock Shopping Center (proposed as the Rainbow Housing Project) and a proposed residential development east of Rimrock Shopping Center. These sites have adequate circulation alternatives without a frontage road. The 'Across East Palm Canyon Drive Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 5 of 11 amendment would not directly affect existing segments of the frontage road, unless the adjacent property owners propose redevelopment of their sites at a future date, at which time the City would retain the discretion to review and approve or deny any vacation of the existing public street. With the approval of the proposed General Plan Amendment, the project will be consistent with the General Plan. Zoning Text Amendment and Consistency Section 93.01.02.B "Special Setbacks" of the Palm Springs Zoning Ordinance contains the following requirements for the area along East Palm Canyon Drive between Sunrise Way and Golf Club Drive: 1. The building setback line on the north and south sides of the street shall be one hundred twenty-five (125) feet from the centerline of East Palm Canyon Drive between Sunrise Way and Golf Club Drive. 2. Swimming pools and garden walls may be allowed within the required setback; parking facilities shall not be permitted. Accessory pool or mechanical equipment may also be permitted within the required setback, if screened from public view. [Bold text for emphasis only.] Two of the existing auto dealership buildings west of Cherokee are already located closer than 125 feet, and the City staff recommends an amendment to the text in item 1) above that effectively "grandfathers" the location of the existing buildings. As such, item 1. (above) would be revised to read as follows (new language underlined): 1. The building setback line on the north and south sides of the street shall be one hundred twenty-five (125) feet from centerline of East Palm Canyon Drive between Sunrise Way and Golf Club Drive, except where an existing building precludes such a setback. In that case the existing building setback is the minimum setback for that lot. While the proposed new building is located consistent with the 125 foot building setback, the project is inconsistent with this provision of the Zoning Ordinance that precludes parking within this Special Setback area. The applicant proposes the following Text Amendment to the Zoning Ordinance, by revising sub-section 93.01.02.B.3 of the Special Setback provisions as follows: 2. Swimming pools and garden walls may be allowed within the required setback, parking facilities shall not be permitted, except for new car automobile dealerships where parking is permitted within the required setback area. Accessory pool or mechanical equipment may also be permitted within the required setback, if screened from public view. Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 6 of 11 The applicant is requesting these changes to allow parking and display of vehicles for sale due to the specific marketing requirements of automobile dealerships. The applicant notes that auto dealerships are dependent upon the display of product for sale visible to drive by motorists, and a 125 foot setback would render the project infeasible. In addition, while the City General Plan calls for a 125 foot setback from the centerline, the City has historically allowed parking on both sides of the existing frontage road, located approximately 55 feet from the centerline of East Palm Canyon Drive. Under the current zoning regulations, the vacation of frontage road to private ownership would trigger the elimination of parking within the 125 foot setback. The adoption of the proposed zoning ordinance text amendment would effectively retain the existing situation where parking is allowed. Consistency with Other Plans No other adopted plans have jurisdiction over the proposed project. Proposed Vacation of Frontage Road The applicant proposes that the City vacate the southerly fifty one (51) feet of right-of- way of East Palm Canyon Drive, which consists of the existing public frontage road, an unconstructed segment of the frontage road abutting the proposed dealership and a portion of existing landscaped parkway between the frontage road and East Palm Canyon Drive: The existing frontage roadway will become private access for the three automotive dealerships, and the City would no longer maintain the roadway. The remaining right-of-way for East Palm Canyon Drive would be 50 feet from the centerline, with 38 feet of paved area, 2 feet of curb and gutter, ten feet of parkway, and an eight foot meandering sidewalk. City staff has consistently applied this 50 foot half- section to segments of East Palm Canyon Drive where there is not frontage road. Based on the recommended amendment to the General Plan, the vacation of East Palm Canyon right-of-way would conform to the General Plan goals, objectives and Land Use / Circulation map. Proposed Mitigated Negative Declaration A draft Mitigated Negative Declaration has been prepared for the proposed project. The following mitigation measures have been identified in the environmental document to reduce impacts of the proposed project to below a level of significance: • Mitigation Measure MM-AIR-1 requires that the applicant submit a Construction Air Quality Management Plan for review and approval by the City Engineer. • Mitigation Measure MM-WQ-1 requires that the applicant prepare a Storm Water Pollution and Prevention Plan (SWPPP) to be administered through all phases of grading and project construction. Planning Commission Staff Report July 12, 2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2671 MAJ Page 7 of 11 • Mitigation Measure MM-WQ-2 requires that the applicant submit a hydraulic analysis of the project to the City Engineer for review and approval to meet the performance requirement that stormwater runoff generated from the site in the developed condition shall be equal to less than stormwater runoff from the site in the undeveloped condition. • Mitigation Measure MM TR-1 requires the applicant to submit plans for a traffic signal at the corner of East Palm Canyon Drive and the proposed westerly project driveway. Such plans shall be subject to the review and approval of the City Engineer. The traffic signal shall be operational prior to the issuance of certificates of use and occupancy. • Mitigation Measure MM-TR-2 requires that the applicant submit an East Palm Canyon Drive Access Study for review and approval of the City Engineer, identifying all proposed driveway locations, proposed car display areas, and the sight distances for turning automobiles. The access plan shall also demonstrate methods to preclude left-turn access to and from the site at unsignalized d riveways. These measures have been incorporated into the proposed conditions of approval of the project, as contained in Attachment 4. The proposed Mitigated Negative Declaration was circulated on June 20, 2008 for a 21 day public comment period. The City Council will need to certify the MND prior to making any final action to approve the project. Project Issues The major development issues for the project relate to site access and the site plan, all related directly to Mitigation Measures MM-TR-1 and TR-2 referenced above. The existing three dealerships were all constructed with the City owned frontage road providing the major access to the sites. As discussed in Section 5 of the Focused Traffic Study (Appendix F of the Draft Negative Declaration), the existing frontage road layout creates circulation difficulties related to the frontage road design. The primary problem is the intersection of the frontage road with Cherokee Way, which is immediately adjacent to the signalized intersection of East Palm Canyon Drive and Cherokee Way. Given the tight intersection spacing, less than 30 feet, this intersection operates very inefficiently, and will operate even less efficiently in the future if the proposed project is approved. Furthermore, there is limited sight distance at the existing Cherokee Way / frontage road intersection, and the East Palm Canyon Cherokee Way intersection is skewed from the normal 90 degrees. In addition, the Public Works Department will not allow new unsignalized left-turn access from the project site to westbound East Palm Canyon Drive due to the high speeds along that section of East Palm Canyon Drive, and the current and future difficulty in making a left turn from the site. According to the traffic study prepared for the project, vehicles seeking to make an unsignalized left-turn from the project site would need to wait an average of almost ten minutes during the PM peak hour by year 2030. Such delays might encourage motorists to make unsafe movements. Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3,2871 MAJ Page 8 of 11 Given the access constraints caused by the existing layout, the applicant is proposing to install a new traffic signal at the westerly site driveway along East Palm Canyon Drive, approximately nine hundred (900) feet from the centerline of Cherokee Way. Full left- turn access would be allowed at this location. Access in and out of any other site driveway along East Palm Canyon Drive would be restricted to right-turn in and right- turn out only. The proposed signal would be coordinated with the East Palm Canyon Drive signal progression, so most motorists should not be additionally delayed by the new signal. In fact, the traffic study notes that it takes approximately four seconds more red-time along East Palm Canyon for each car that exits the automobile dealerships via the frontage road and Cherokee than via the proposed new signal. In summary, traffic from the project site that seeks to turn left onto East Palm Canyon Drive will have no reasonable option for making such a movement unless a new signal is installed to serve the project. As analyzed, the traffic signal meets "signal warrants." Public Works staff has requested that such a signal be located at least seven hundred (700) feet west of the existing intersection at Cherokee Way. The proposed location is nine hundred (900) feet west of Cherokee, which provides adequate signal spacing. These issues are further detailed in the Focused Traffic Study, dated June 2006, and prepared for the project by LSA Associates. That traffic study made the following findings: • Based upon City policies, the project will require the installation of a new signal at the intersection of East Palm Canyon Drive and the project driveway; • Left-turn access to and from the site will be restricted to the new signalized location, and other driveways will be restricted to right-turn in/right-turn our only; and • The proposed signal at the intersection of East Palm Canyon Drive and the proposed new driveway access is warranted and will operate at an acceptable level of service. Upon implementation of the proposed traffic signal, impacts are reduced to a level below significance. Architectural Review The project is a single two-story building surrounded by open surface parking and landscaping. The building is located generally in the center of the site and oriented to the north, facing East Palm Canyon Drive. The architecture of the building is modern with metal, stucco and glass as the primary exterior materials. In keeping with BMW's corporate graphic and design plan, the building has a sleek, industrial appearance and is colored white (with tinted glass to address solar issues). The extensive surface parking will absorb and reflect solar heat over much of the site, and the City's requirements for landscape `fingers' to introduce a tree canopy across the site will be needed. Planning Commission Staff Report July 12, 2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 9 of 11 A sign program has not been submitted for the project, but at such time will be reviewed by the AAC and the Planning Commission. On April 24, 2006, the Architectural Advisory Committee (AAC) reviewed the project and recommended approval, subject to final AAC review of the lighting and landscape plan. Staff has incorporated this requirement as a condition of approval. REQUIRED FINDINGS The General Plan Amendment and the Zoning Ordinance Text Amendment are legislative actions, and specific findings are not required. The Palm Springs Zoning Ordinance states: "The planning department shall study the proposed Zoning Code amendment and shall provide information necessary to assure action consistent with this Zoning Code and the general plan and shall report the findings to the commission." Findings for General Plan Amendment Staff has reviewed the proposed General Plan Amendment to change the classification of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major Highway", between Sunrise Way and the eastern City Limits, has concluded that it is consistent with current City policies and other similar applications within the general area because, 1) the existing frontage road design creates inefficient closely spaced intersections, 2) that any capacity created by the frontage road is not needed, and 3) elimination of the frontage road as a requirement of the General Plan will establish a more consistent circulation pattern along the length of East Palm Canyon Drive . Findings for Zoning Ordinance Text Amendment The Planning Department has studied the proposed Zoning Ordinance Text Amendment to allow parking for new car dealerships within the special setbacks along East Palm Canyon Drive, between Sunrise Way and Golf Club Drive, and reports the following findings: 1. The proposed Zoning Ordinance Text Amendment is consistent with the General Plan, as amended herein, and recognizes the specific marketing requirements associated with automotive dealerships, as currently exist and are proposed to be expanded. 2. The proposed Text Amendment is consistent with the intent of the Zoning Code in that it provides for the needs of auto retailers along a major thoroughfare without creating adverse affects on adjacent property or residents, and will therefore promote and protect the public health, safety and welfare of the residents, and provide for the economic advantages that result from comprehensive and orderly planning. Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5,1124 ZTA/Case 3.2871 MAJ Page 10 of 11 Findings for Vacation of Frontage Road Staff has considered the goals, policies and Land Use / Circulation Map of the Palm Springs General Plan and concluded that the proposed vacation of the East Palm Canyon frontage road conforms to the General Plan. Specifically, Policy 7.1.12 of the Infrastructure and Community Services Element states: 7.1.12. Unneeded sections of street right-of-way shall be considered for sue as linear parks or as bicycle, or other alternative transportation facilities, rather than be abandoned. Staff has determined that the section of frontage road along East Palm Canyon is an unneeded section of street right-of-way, and that it can be used as an alternative transportation facility as a privately-maintained accessway to the automobile dealerships on East Palm Canyon. Architectural Review Guidelines Staff and the Architectural Advisory Committee have reviewed the project in light of the guidelines of Section 94.04.D of the Palm Springs Zoning Code and concluded that the project conforms to those guidelines, subject to further review of the lighting plan. ENVIRONMENTAL ASSESSMENT The City of Palm Springs, as Lead Agency, has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent, and therefore a Mitigated Negative Declaration has been prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines per Section 15070(b), and that a Mitigation Monitoring and Reporting Program (MMRP) will be developed. The Draft MND/Initial Study was circulated for 21 days commencing June 20, 2006. Since the public review period is ongoing, the City Council will need to certify the MND when it reviews the project (but prior to any final action to approve the project). NOTIFICATION A public hearing notice was mailed to all property owners within 400 feet of the subject property and published in The Desert Sun on June 22, 2006. As of the writing of this report, staff has not received any comment. CONCLUSION The proposed project is generally consistent with the goals and policies of the General Plan, with proposed amendments herein. The proposed amendments to the General Plan and the Zoning Ordinance are necessary and proper at this time and are not likely to be detrimental to the adjacent property or residents. On this basis, staff is recommending approval of the applications, including project approval, adoption of Planning Commission Staff Report July 12,2006 Case 5.1101 GPA/Case 5.1124 ZTA/Case 3.2871 MAJ Page 11 of 11 Major Architectural Approval (Case 3.2871), adoption of General Plan Amendment (Case No. 5.1101), Vacation request, and adoption of Text Amendment to the Zoning Ordinance (Case No 5.1124). *ipal ob on r ' A Ewin , AICP PPlan r Dir or of P n ing Services ATTACHMENTS 1. Vicinity Map 2. Site Plan and Exhibits (Planning Commission Only) 3. Draft Conditions of Approval a nFBMW Of Patin Springs a _ P.HIM 9F^nPC aM1 w � � WlutField -�_ J VtlV 91! D1 1 a Also mte,tn__ +� raERceoes Iexisrirvc i ExisrINc .q � ,• BENZ INFINIII '9 _ - f li n EY 1� -' � r l i - ;r A AgE A SITE PL4N Ever west SITE SECIISS, I : — Kart+n saurn SIrE SECTIory L— a.= N \ mn AS BATW Of Palm Springs wt. O ........... �RIOR E�ATJ�S f—H BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1.0 CITY OF PALM SPRINGS R INITIAL STUDY/MITIGATED NEGATIVE DECLARATION r p 1. Project Title: BMW Auto Dealership 2. Lead Agency Name and Address: City of Palm Springs Department of Planning Services 1 3200 E. Tahquitz Canyon Way y Palm Springs, California 92262 3. Contact Person and Phone Number: _I Edward Robertson, Principal Planner (760)-323-8245, or Craig A. Ewing, Director of Planning (760) 323-8245 4. Project Location: City of Palm Springs on East Palm Canyon Drive. Assessor Parcel #681070016 (no existing address). The project site is bounded by East Palm Canyon Drive to the north, Santa Ana Street and an existing mobile home park to the south, the existing I ! BMW Dealership to the east, and Sun Street and an existing mobile home park to the west. The regional location is shown in Figure 1, and the project site location is shown in Figure 2. I� 5. Project Sponsor's Name and Address: BMW of Palm Springs 3919 E. Palm Canyon Drive Palm Springs, CA 92264 6. General Plan Designation: GC- General Commercial 7. Zoning: C-2- General Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project proposes to develop a new BMW Automotive sale and service facility on an 8.78-acre site located on East Palm Canyon Drive west of the existing BMW dealership in the City of Palm Springs (City) (Figure 2). Currently, the proposed project site is undeveloped. BMW Auto Dealership, Initial Study April 2006 w- Page I of 48 _.i L.1 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION The site plan is Figure 3. This shows, the project will develop up to 39,251 square feet (SF) of general commercial use in one two-story structure adjacent to the existing BMW sales and service center. This structure will be two stories in height, with a roof parking deck above the second floor. The first floor will consist of 19,219 SF with the y' sales and service center, the second floor will consist of 10,032 SF of office with an 9 additional 20,940 SF of covered parking, and the roof deck will be 22,793 SF of uncovered parking and vehicle storage. V A1 .7-acre parcel near the northwest corner of the site (Figure 3) will be reserved for i future parking, so it will not be developed at this time. The existing BMW dealership will be used for expansion by neighboring Mercedes and Infiniti Dealerships. i Additional elements of the project include: Is a) Adoption of a General Plan Amendment to change the classification of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major Highway" (to eliminate the requirement for a frontage road along East Palm Canyon Drive) between Sunrise Way and the eastern City Limits.' I ; b) Adoption of an amendment to the Palm Springs zoning ordinance that allows for public parking within 75 feet of the centerline of East Palm Canyon Drive (The current limit is 125 feet, but public parking is allowed on the frontage road which is 54 feet from the centerline). The effect of this change is to relocate actual public parking further than currently allowed with the public frontage road. Note that the applicant is proposing to display vehicles for sale in the I parkway between the East Palm Canyon curb face and the private frontage I : road. c) Vacation of the existing frontage road along East Palm Canyon Drive between the site's western property line and Cherokee Way. The existing roadway will become private access for the three automotive dealerships. I . d) Widening the south side of East Palm Canyon to a paved width of 38 feet. i e) Potential installation of a traffic signal at the project driveway and East Palm Canyon Drive f) Potential installation of median channelization improvements along East Palm Canyon Drive to eliminate unsignalized left turn access from the site. g) Undergrounding of existing overhead Edison lines along East Palm Canyon Drive between the proposed site's western property line and Cherokee Way. Additional projects under consideration by the City include the some General Plan Amendment,so if one of those projects is approved by the City before the BMW dealership,the General Plan Amendment will not be necessary. BMW Auto Dealership, Initial Study r '•�. April 2006 Page 2 of 48 IIi L.( BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION h) Establishment of easements for remaining utilities in the existing East Palm Canyon Drive Frontage Road. � I i) Approval of a Landscape Plan for the new BMW dealership and revised t I landscape plan for the frontage road area along the existing dealerships. L j) Approval of a Sign Program for the new BMW dealership and the existing dealerships. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: - North: East Palm Canyon Drive and single family residential South: Mobile Homes (Santa Ana Street). East: Automotive sales and service I I West: Mobile Homes (Star Street). 10. Other Public Agencies Whose Approval is Required - (e.g., permits, financing approval, or participation agreements) Regional Water Quality Control Board for a Storm Water Pollution Prevention Plan (SWPPP). I ' it I i i i I w.=. BMW Auto Dealership, Initial Study April 2006 Page 3 of 48 Desert Hot Springs To Los Angeles ' c m I � ac ue Club Palm Springs Cathedra Rancho City Mirage Project ' Location Palm Indian Indio Desert Wells N � � Not to Scale i • S A FIGURE 1 BMYVInitial Study SOURCE:USA Regional Location P:TSP060RGRAPHICSTIGURE 1 REGIONAL LOCATION(3/26/06) 1I W S � � v C a ➢I �_r4'� a», 'p M r { I Aa'z ✓ uUG"X .,r .W r LI t.4ys. l �tl"re t*xa �,IIW°AF4dticx^E _xra;- ° YY i. yf ty, i pert O ell Yi i Y �� ii fi� 1 CI' Su x S • � �l w � o a z w o N � I J ti 0. BMW PROJECT SITE 0 71 H!HIM • F-TY LLLL Tr 4, i4b ffic Signa Fro s� in e HLT T UOS-4 Ut� w. EAST 19 P.4ANy -r - Note: Median Island Locations Af and Traffic Signal Location are conceptual and subject to review and approval by the Director of Public Works ro Se Tra fie Sign 100 Feet L S A FIGURE 3 BMWDealersh ip Initial Study SOURCE:BMW OF PALM SPRINGS Project Site Plan P\PSP0602\GRA-PHICSTIOURE 3 SITE PLAN I !!II BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 2.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED V The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils �j ❑ Hazards & Hazardous El Quality ❑ Land Use/Planning Materials Quality I J ❑ Mineral Resources ❑ Noise ❑ Population/Housing {-e ❑ Public Services ❑ Recreation ❑ Transportation/Traffic 4 J ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance li i L( I_ I I j BMW Auto Dealership, Initial Study April 2006 Page 7 of 48 I BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION f � 3.0 DETERMINATION S On the basis of this initial evaluation: ® 1 find that the proposed project COULD NOT have a significant effect on the I environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because i� ❑ revisions in the project have 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 tlI "potentially significant unless mitigated" impact on the environment, but at `J 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 i required. Craig A. Ewing, AICP Date 1 Director of Planning Services I I , j i BMW Auto Dealership, Initial Study 8 of 06 48 " , Pagege 8 of 48 pp BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION LI L,9 4.0 EVALUATION OF ENVIRONMENTAL IMPACTS: I) 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 -1 parentheses following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does E j 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 a project-specific screening analysis). 1 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. -( 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially f p 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 j the determination is made, an EIR is required. E i 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 "Earlier Analyses;' as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a 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. 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. 1 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; BMW Auto Dealership, Initial Study = April 2006 Page 9 of 48 �r BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 51) 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 impact to less than significance i � i I _.i � S � I I II BMW Auto Dealership, Initial Study April of 06 48 ,,. Page 10 of 48 4 i BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION F A Less'Th'an - - �Pdtentlally SigniBc{i'nt With - Less Than Significant Mitigdlion Significant No Impact Incorporafed Impact •Impact I. AESTHETICS. Would the project: rl a) Have a substantial adverse effect on a El ❑ Els ; scenic vista? it -- b) Substantially damage scenic resources including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings L within a state scenic highway? c:) Substantially degrade the existing visual character or quality of the site ❑ ❑ ❑ a 1' and its surroundings? d) Create a new source of substantial l l light or glare that would adversely ❑ ❑ ® ❑ affect day or nighttime views in the I area? L! A) HAVE A SUBSTANTIAL ADVERSE EFFECT ON A SCENIC VISTA? j No Impact. The segment of East Palm Canyon Drive near the project has been developed with a mix of auto service and general commercial. The project site is currently surrounded by development and would serve as an infill project. The existing public frontage road is located 56 feet from the centerline of East Palm Canyon Drive, and public parking is allowed on this roadway. Under Section 93.01.02 of the City Zoning Code, private parking is not allowed within 125 feet of the centerline of East Palm Canyon Drive. With the project proposal to transfer the frontage road to private ownership, the existing parking along the frontage road would no longer be allowed. Therefore, the proposed project includes a zoning amendment to change the setback from 125 feet to 75 feet. No, so no impact related to this issue will occur. B)SUBSTANTIALLY DAMAGE SCENIC RESOURCES, INCLUDING, BUT NOT LIMITED TO,TREES, ROCK OUTCROPPINGS,AND HISTORIC BUILDINGS WITHIN A STATE SCENIC HIGHWAY? No Impact. The subject segment of East Palm Canyon Drive is not a State-designated scenic highway. The Palm Springs General Plan designates East Palm Canyon Drive as a scenic corridor; however, the project would not alter the existing visual character along the corridor. The project would actually enhance the corridor by eliminating the vacant lot and providing landscaping along the roadside. The project site contains no significant trees or rock outcroppings, historic buildings or historic resources. Because the proposed project will be constructed al heights and in visual character similar to the existing development around the site, no visual impact will occur. j C:)SUBSTANTIALLY DEGRADE THE EXISTING VISUAL CHARACTER OR QUALITY OF THE SITE AND ITS SURROUNDINGS? w,. BMW Auto Dealership, Initial Study i April 2006 Page I I of 48 I L.l BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION fJ' No Impact. See I (a) and I (b). it j D)CREATE A NEW SOURCE OF SUBSTANTIAL LIGHT OR GLARE WHICH WOULD ADVERSELY AFFECT DAY OR NIGHTTIME VIEWS IN THE AREA? ( Less than significant (mitigated through standard City Conditions). The proposed project limits are within the Special Lighting Area established for Mount Palomar Observatory. The Project will therefore be conditioned to adhere to the standard city lighting requirements of the City standards regulating light pollution. li Standard City Lighting Requirement j Exterior lighting shall be: l. Architecturally integrated with the character of the associated structures, site design and landscape; 2. Directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so light is confined within the boundaries of the subject parcel; I3. Installed so lights do not blink or flash and are not of unusually high intensity or brightness; 4. Appropriate in height, intensity and scale to the uses and the site they are serving; and 5. Installed in conformance with the provisions of this section, the building code, and the electrical code, and under appropriate permit and site inspection. With the implementation of this standard condition, project impacts are reduced below a level of significance and no additional mitigation is necessary. BMW Auto Dealership, Initial Study April 2006 l Page 12 of 48 L+ ptlp BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION S � y - Less Than . . Significant -,Potentially, Wlth Less Than - - Significant_.- Mitigation Significant - �.1 - Impact - incofp6 led Impact No'Imp acf iLl II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: € ? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources i 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 that, due to their location ❑ ❑ ❑ I or nature, could result in conversion of Farmland to non-agricultural use? 1_AI 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? J No Impact. The proposed project is not located within an area designated by the State cis "Prime," "Unique," or "Statewide Important" farmland. Therefore, no impact will i occur. B) CONFLICT WITH EXISTING ZONING FOR AGRICULTURAL USE, OR A WILLIAMSON ACT CONTRACT? No Impact. The proposed project is not within or adjacent to an area zoned for agricultural use or under a Williamson Act contract. Therefore, no impact would occur. I C) INVOLVE OTHER CHANGES IN THE EXISTING ENVIRONMENT THAT, DUE TO THEIR LOCATION OR NATURE, COULD RESULT IN CONVERSION OF FARMLAND TO NON-AGRICULTURAL USE? No Impact. The proposed project is not within or adjacent to an area currently used for agricultural purposes; therefore, no impact will occur. I BMW Auto Dealership, Initial Study April 2006 ., Page 13 of 48 � I Li BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION k' 1 I Less than `i PotentiallySignificant With Less Than Slgnificant ` `Mitigation Significant - Impact' Incorporated Impact,: .No Impact [ III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: E a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an existing or ❑ ❑ ® ❑ projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non- attainment under an applicable ❑ ❑ ® ❑ { federal or state ambient air quality j standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? (1) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ ® ❑ ( j e) Create objectionable odors affecting a El ❑ ❑ substantial number of people? I A)CONFLICT WITH OR OBSTRUCT IMPLEMENTATION OF THE APPLICABLE AIR QUALITY PLAN? No Impact. The project is consistent with the land uses proposed in the 1992 City of Palm Springs General Plan. Since the proposed project is consistent the existing General Plan, it also was included in the applicable air quality plan (2003 Air Quality i Management Plan, South Coast Air Quality Management District [SCAQMD]), so development of the project will not conflict with or obstruct the AQMP. Therefore, no impact will occur. B)VIOLATE ANY AIR QUALITY STANDARD OR CONTRIBUTE SUBSTANTIALLY TO AN EXISTING OR PROJECTED AIR QUALITY VIOLATION? Less than Significant Impact. The project site is located in the City of Palm Springs, an area within the Salton Sea Air Basin (SSAB). This part of the SSAB is under the jurisdiction of the SCAQMD, which monitors regional air quality and models ozone-producing emissions in the project area.The SSAB region is separated from the South Coast Air Basin (SCAB) region by the San Jacinto Mountains and from the Mojave Desert Air Basin (MDAB) region by the Little San Bernardino Mountains. - BMW Auto Dealership, Initial Study April 2006 Page 14 of 48 k BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 111 The Coachella Valley area is currently designated as non-attainment for the Federal (one hour) and State ozone standards, Federal PMIo standard, State PMIo standard, and transitional for Federal (eight-hour) ozone standard. The Coachella Valley area is unclassified for Federal PM2.5 standards (nonattainment [preliminary]), State particulate sulfate, hydrogen sulfide, and visibility-reducing particles standards, and is in attainment I ± status for Federal and State standards for carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (S02), and lead. Area air quality regulations in the SSAB are administered by the SCAQMD. For purposes of identifying the potential for significant impacts, the SCAQMD has established "thresholds of significance" for a project's daily emissions of certain pollutants including Reactive Organic Gases (ROG), Oxides of Nitrogen (NOx), Carbon Monoxide (CO), Sulfur Oxides (SOx) and PMIa. Separate thresholds have been i established for the operational and construction phases of a project. If the project emissions are less than the thresholds for each phase, then emissions are presumed to j be less than significant. ] Operational Impacts: 1 Using the URBEMIS model approved by SCAQMD, LSA has calculated the estimated emissions from the project during its operational phase, including emissions from the project itself and emissions from vehicles accessing the site. These emissions are shown in the table below along with the operational emission thresholds for the SSAB. Lt Source Pollutants, Ibs/day ROG NOx CO sox PMIo 1 2006: BMW Dealership i Area Source Emissions 0.44 1.2 0 0 l 0.79 Mobile Source Emissions 14 25 180 0.17 15 Total Emissions for 2006 15 25 181 0.17 15 fSCAQMD Threshold 55 55 550 150 150 Project Exceeds SCAQMD No No No No No Thresholds Source: LSA Associates, Inc., 2006 (see Appendix C for calculations) The project will not exceed the SCAQMD thresholds for significant operational impacts during operations, and operational impacts will be less than significant. Construction Impacts The primary pollutant of concern during the construction phase is PMIo,which is generated by grading activities.The SCAQMD estimates that without mitigation, each acre of graded surface creates about 26.4 pounds of PMIo per workday during the construction phase of the project and 21.8 pounds of PMIo per hour from dirt/debris BMW Auto Dealership, Initial Study April 2006 1 Page IS of48 !! a fIfI PP BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION L pushing per dozer. For this project it is assumed that a maximum of two acres of land would be under grading on any one day. It is also assumed that one dozer would be used up to eight hours per day. It is assumed that a maximum of 0.5 acre of open LJ stockpiles would occur on the project site, which will generate 42.8 pounds per day (ppd) of PMIo. Therefore, approximately 279 pounds of PMIo per day would be generated from soil disturbance before mitigation during the peak construction phase. This level of dust emission would exceed the SCAQMD threshold of 150 pounds per day. E ( The project will be required to comply with regional rules, which will assist in reducing !s short-term air pollutant emissions. Fugitive dust from a construction site must be controlled with best available control measures so that such dust does not remain avisible in the atmosphere beyond the property line of the emission source. Dust suppression techniques should be implemented to prevent fugitive dust from creating a nuisance off-site. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PMIo component) by 50 percent or more. These measures are imposed on all projects located within the region and include: Asphalt Paving f The construction contractor shall adhere to the requirements of SCAQMD rules and regulations on cutback and emulsified asphalt paving materials. I � Fugitive Dust The SCAQMD Rules 402 and 403 deal with the reduction and/or elimination of fugitive I dust emissions resulting from construction operations. The SCAQMD has established the j following standard measures to implement Rules 402 and 403: i • All disturbed areas, including storage piles that are not being actively utilized for construction purposes, shall be effectively stabilized for dust emissions using water, chemical stabilizers/suppressants, or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized for dust emissions using water or chemical stabilizers/suppressants. • All land-clearing, grubbing, scraping, excavation, land-leveling, grading, cut-and-fill, i and demolition activities shall be effectively controlled for fugitive dust emissions utilizing applications of water, or by presoaking. ' • When materials are transported off-site, all materials shall be covered or effectively wetted to limit visible dust emission, or at least six inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. (The use of dry rotary brushes is expressly prohibited except where ' preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized for fugitive dust emissions, utilizing sufficient water or chemical siabilizers/suppressants. • Traffic speed on unpaved roads shall be limited to 15 mph. • Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with slopes greater than one percent. I BMW Auto Dealership, Initial Study April 2006 . Page 16 of 48 i l BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION • Wheel washers for all exiting trucks shall be installed, or all trucks and equipment ( shall be washed off before leaving the site. I j Windbreaks shall be installed at windward side(s) of construction areas. Excavation and grading activity shall be suspended when winds exceed 20 mph. • Areas subject to excavation, grading, and other construction activity shall be limited is at any one time. • In addition, construction will comply with the City of Palm Springs Grading Ordinance (Palm Springs Municipal Code, Chapter 8.50). I _i Assuming a mitigating efficiency of 50 percent by implementation of the standard mitigation, daily PMIo emissions from soil disturbance would be reduced to approximately 140 pounds. Compliance wish these rules would reduce impacts to PMIo ' below a level of significance. It is further assumed that on a peak grading day, a total of 14 workers would be -i employed on the project site. Assuming an average commute length of 25 miles each way for every worker, emissions from the daily 700 miles of travel by workers would generate approximately 6.0 ppd of CO, 1.1 plod of ROC, 1.9 ppd of NOx, 0.3 ppd of A SOx, and 0.7 ppd of PMIo (total PMIo of 141 ppd) from vehicle exhaust and tire wear. Therefore, with adherence to SCAQMD standard measures, peak grading day construction equipment emissions would be below the SCAQMD daily thresholds for all criteria pollutants.The imposition of fugitive dust control measures is a standard I requirement imposed on all construction within the region. Because these measures i-f reduce the level of fugitive dust below the identified threshold, no additional measures are required. Therefore, impacts related to this issue are less than significant. { 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 THAT EXCEED QUANTITATIVE THRESHOLDS FOR OZONE I : PRECURSORS)? Less than Significant Impact.The above analysis addressed to item (b) inherently addresses this question. D) EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL POLLUTANT CONCENTRATIONS? Less than Significant Impact. The primary pollutant of concern for sensitive receptors is Carbon Monoxide (CO). The State of California set a standard of 9 parts per million (ppm) for a one-hour concentration, and 20.0 ppm for an eight-hour concentration. In April 2005, LSA prepared an analysis of cumulative projected CO emissions for the j proposed Smoketree Commons Shopping Center, located approximately one mile west of the BMW site. That report,which is on file and can be reviewed at the City of Palm Springs Planning Department, indicated that existing CO levels at area intersections were less than one-half of the applicable State and federal standards. The highest existing levels, at the intersection of East Palm Canyon Drive and Barona Road, were 6.7 ppm for the one-hour concentration, and 3.7 ppm for the eight-hour concentration. BMW Auto Dealership, Initial Study Apr?of 06 48 Page 17 of 46 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION LSA's report estimated that the Smoketree Project would increase CO levels by up to 0.4/0.3 ppm for the one-hour and eight-hour concentrations respectively, with CO concentration levels remaining well below the standard. Since the BMW project is far smaller at 40,000 sf than the Smoketree Project, which had 188,000 sf, the incremental CO concentration for the BMW project would be correspondingly reduced. Therefore, CO levels with the BMW project can be expected to remain well under the standards. In general, CO levels in Palm Springs are for less than standard due in part to relatively 1 low traffic volumes compared to the Los Angeles area. Since the project emissions will not cause CO concentrations to exceed the standard, the project will have less than significant impacts to sensitive receptors. i E,) CREATE OBJECTIONABLE ODORS AFFECTING A SUBSTANTIAL NUMBER OF PEOPLE? 1 No Impact. According the SCAQMD, the following land uses are considered potentially odor producing: • Agriculture (farming and livestock) • Wastewater Treatment Plant ! Food Processing Plants Chemical Plants • Composting • Refineries • Landfills • Dairies • Fiberglass Molding No such land uses are proposed with current project, and no sources of odor from the 1 ' automotive dealership have been identified. Thus, no significant impacts will occur. li - «. BMW Auto Dealership,Initial Study s April 2006 p, Page IS of48 ii BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION !I! � l_I Less Than 4 Signlflca¢t _ Potentia(ly, With, Less Than ' -- _ Significant Miflgailon ,Sig'nlffcant - Impact IncorporatAd Impact N'o'Impact IV. BIOLOGICAL RESOURCES. Would the ro'ect: a) Have a substantial adverse effect, either directly or through habitat �. modifications, on any species identified as a candidate, sensitive, or special El ❑ ❑ status species in local or regional plans, z: policies or regulations, or by the California Department of Fish and y Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations, ❑ ❑ ❑ or by the California Department of Fish and Game or U.S. Fish and Wildlife ( ' Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited to, ❑ ❑ ❑ marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the I movement of any native resident or migratory fish or wildlife species or with ❑ El ❑ established native resident or migratory wildlife co (idors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or i ordinances protecting biological ❑ ❑ ❑ resources, such as a tree preservation policy or ordinance? if) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, ❑ ❑ ❑ or other approved local, regional or state habitat conservation plan? BMW Auto Dealership, Initial Study April 2006 • Page 19 of 48 it BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IJ I , The Biological Resources Report (George R. Ferras, December 2004) is contained in j Appendix B. Information from that report is used in this analysis. 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? No Impact. Most of the site is covered with Disturbed Sonoran Creosote Bush Scrub, ' although a portion of the site is considered develop/disturbed (used as a dirt parking lot). Based upon consultation with the resource agencies, the Biological Report I identifies eleven threatened, endangered, candidate, sensitive and/or special status species: i Species Status Habitat Presence/Description Wildlife Desert slender Federally Rock crevices/holes; Not detected; appropriate L salamander endangered;state moist soil on canyon habitat does not occur on- (Bairachoseps aridus) endangered walls and in site. vegetation on canyon walls with seepages. I Arroyo Toad Federally Rivers with slow- Not detected; appropriate (Bufo californicus) endangered;state moving water and habitat does not occur on- of species of special shallow, gravelly site. concern pools adjacent to ravell terraces. California red-legged Federally Permanent water Not detected; appropriate frog threatened;state bodies of virtually still habitat does not occur on- species of special or slow-moving fresh site. concern water. Mountain yellow- Federally Pools, undisturbed Not detected; appropriate legged frog (Rama endangered;state lake shores, and habitat does not occur on- muscoso) species of special streams with open site. concern canopies and sloping gravely banks. Coachella Valley Federally Sparsely vegetated Not detected; appropriate fringe-toed lizard _threatened; state windblown sand habitat does not occur on- (Uma inornata) endangered dunes and sandy site. flats; requires fine, loose sand. Desert Tortoise Federally Desert habitat. Not detected; not (Xerobates agassizii) threatened; state expected to occur due to endangered the disturbed condition of the project site. i .y BMW Auto Dealership, Initial Study April 2006 w Page 20 of 48 fE BMW AUTO DEALERSHIP INITIALS fUDY/MITIGATED NEGATIVE DECLARATION ti Species Status Habitat Presence/Description i I Flat-tailed horned lizard Federally proposed Areas of fine sand Not detected; appropriate L ,(' (Phynosoma mcallii) threatened; state such as dunes and habitat occurs on-site. species of special sandy flats with concern sparse or no vegetation. -' Least Bell's vireo Federally Dense willow Not detected; appropriate (Vireo bellii pusillus) endangered;state woodland/scrub. habitat does not occur on- endangered site. _ Southwestern willow Federally Riparian habitats. Not detected; appropriate flycatcher endangered; no habitat does not occur on- (Empidonax traillii state status site. extimus Le Conte's thrasher Federal species of Desert scrub, Not detected; marginally (Toxostoma lecontei) concern especially with appropriate habitat for this scattered creosote species occurs on-site. bush. Prefers to nest in dense, thickly branching cholla ! I cactus, palo verde and creosote bush. E Peninsular bighorn Federally Steep canyon walls Not detected; appropriate I i sheep (Ovis conadensis endangered;state, and ridges with habitat does not occur on- nelsani) fully protected available water. site. special animal Palm Springs ground Federal candidate; Associated with Not detected; appropriate squirrel (Spermophilus state species of sandy substrates and habitat does not occur on- tereticaudus var. special concern areas of dunes and site. chlorus) hummocks of sand j at the base of shrubs. Plants i Coachella Valley milk- Federally Sandy Sonoran Not detected; appropriate vetch (Astragalus endangered; state desert scrub. habitat occurs on-site. lentiginosus var. special plant I, ! coaahellae Triple-Ribbed milk- Federally Joshua tree Not detected; project area vetch (Astragalus endangered;state woodland,Sonoran occurs outside of the iricarinatus) special plant desert scrub, and on altitudinal range for this .! sandy or gravelly soils species. between 1,500 and 2,700 feet. Since no endangered, threatened, candidate or sensitive species has been identified, no impact will occur. B) HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT OR OTHER SENSITIVE NATURAL COMMUNITY IDENTIFIED IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS,OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR U.S. FISH AND WILDLIFE SERVICE? No Impact. No riparian habitat or other sensitive natural community was found, so no associated impact will occur. BMW Auto Dealership, Initial Study §Lo%'�, April 2006 Page 21 of 48 11 U If BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION c) HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 A OF THE CLEAN WATER ACT(INCLUDING, BUT NOT LIMITED TO,MARSH, VERNAL POOL, COASTAL, ETC.) THROUGH DIRECT REMOVAL, FILLING, HYDROLOGICAL INTERRUPTION,OR OTHER MEANS? No Impact. There are no jurisdictional wetlands in the vicinity of the project. F 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? No Impact. The project side is surrounded on all sides by developed lands. Because there is no movement to be interfered with, no impact is associated with this issue. E) CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES,SUCH AS A TREE PRESERVATION POLICY OR ORDINANCE? No Impact:The proposed project will not conflict with any local policies or ordinances. R9 Thus, the proposed project will have no impacts to local policies and ordinances. 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? No Impact. The project site is not identified as a Conservation Area in the Final Draft of _ the Coachella Valley Multiple Species Habitat Conservation Plan. Because the project site is former tribal land, the project will need to pay fees under the Agua Caliente I Tribe's Tribal Habitat Conservation Plan. I 1 f I � I : I , I BMW Auto Dealership, Initial Study April of 06 48 ,p Page 22 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION � I L. 'Less Than Significant _ - Potentially with Less,Than Sig'"ni0cant Mitigation' Significant u Impact:,,'r' Incorporated ,Impact No Impact �.c V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource ❑ ❑ ® ❑ as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological ❑ ❑ ® ❑ resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or ❑ ❑ ❑ unique geological feature? E d) Disturb any human remains, including L� those interred outside of formal ❑ ❑ ® ❑ cemeteries? A)I CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A HISTORICAL RESOURCE AS DEFINED IN §15064.5? Less than Significant Impact. A cultural resources records search and literature review was completed for the project in November 2004, and an archaeological field survey for the project alignment was completed on November 8, 2004 (Tierra Environmental jServices, November 2004; attached as Appendix A). The survey did not identify any archaeological sites or isolated artifacts within the project site. No historic resources were discovered within the Area of Potential Effect. The Palm Springs General Plan's Policies 5b and 16 require immediate cessation of construction/grading activities and notification of the City in the event archeological resources are uncovered. A qualified archaeologist shall be summoned to determine the significance of uncovered resources and specify appropriate mitigation. The recovery and/or recordation of any archeological resource would occur per applicable local, State, and/or federal requirements. Because no archeological resources have been identified within the limits of the proposed project, no significant impact associated with this issue will occur. The following standard conditions will be applied to the project: l. Based on the project location within the Traditional Use Area, the Agua Caliente Tribal Historic Preservation Office requests copies of any cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. 2. Experience has shown that there is always a possibility of encountering buried I cultural resources during construction-related excavations. Given that, the Tribe requests that an Approved Cultural Resource Monitor(s) be present BMW Auto Dealership, Initial Study ' April 2006 ;�' I Page 23 of 48 i BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION during any survey and/or any ground-disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt, and the Monitor shall notify a Qualifiec,:J'(Secretary of the Interior's Standards and Guidelines) Arch aeoIo#sf-tu-investigate ' pd, if necessary, to prepare a mitigation plan for submiss n to the State Historic `( Preservation Officer and the Agua Caliente THer. "fF1P�. I�4xs��� (-� B) CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF AN A HAEOLOGICAL RESOURCE - ( PURSUANT TO §15064.5? Less than Significant Impact. Please refer to Response 5(a). f( C) DIRECTLY OR INDIRECTLY DESTROY A UNIQUE PALEONTOLOGICAL RESOURCE OR SITE OR UNIQUE GEOLOGIC FEATURE? No Impact. The project site has been highly disturbed by dumping and earthmoving related to surrounding development, so no paleontological resources are expected to occur in this area. According to the Riverside County General Plan, Figure OS-8, the project site has a low likelihood of any paleontological resources;Therefore, no impact (� related to this issue will occur. D) DISTURB ANY HUMAN REMAINS,INCLUDING THOSE INTERRED OUTSIDE OF FORMAL CEMETERIES? Less than Significant Impact. Although the likelihood is low, if any human remains are found the following steps shall be taken: State Health and Safety Code Section 7050.5 states that if human remains are encountered during project construction, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MILD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MILD shall complete the inspection within 24 hours of notification by the NAHC. The MILD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Because the proposed project would comply with all applicable regulations (including State Health and Safety Code Section 7050.5), no significant impacts would occur with regard to human remains. I , BMW Auto Dealership, Initial Study t April 2006 �; Page 24 of 48 H {{ BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I - Less Than Significant -L - 'Potentially , With Less Than Slg"nificant Mitig'ation- S Significant - No - - - Impact Incorpoia'fed ..,'Impact ,Impact i ' - f } VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential ( � substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning k 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? ❑ ❑ ® ❑ I + iii) Seismic-related ground failure, including liquefaction? ❑ El ® El iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site ❑ ❑ ® ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined i in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to ® El life or property? e) Have soils,incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems ❑ ❑ ❑ where sewers are not available for the I disposal of wastewater? 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 w.x BMW Auto Dealership, Initial Study �a April 2006 � Page 25 of 48 L BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION LI SUBSTANTIAL EVIDENCE OF A KNOWN FAULT? REFER TO DIVISION OF MINES AND GEOLOGY SPECIAL PUBLICATION 42. !, y No Impact. According to the California Department of Conservation Alquist-Priolo Earthquake Fault Zones maps (May 2002) and the Draft Geotechnical Investigation, i the proposed project is not located within an Alquist-Priolo Earthquake Fault Zone; j therefore, no impact related to fault rupture will occur. ( I II)STRONG SEISMIC GROUND SHAKING? Less than Significant Impact. The project site is located in a highly seismic region [ ' within the influence of several fault systems considered active or potentially active. The closest mapped fault to the project limits is the Palm Canyon Fault, located f ; approximately 2.0 miles west of the project site. The nearest active fault to the ( ' project limits is the Garnet Hill Fault located approximately 6.0 miles northwest of the project site. While the maximum magnitude quake on the Garnet Hill Fault is estimated to be 7.0 (Richter scale), the City will require, as part of its standard _[ conditions, that the proposed project be built to the latest geotechnical standards, thereby minimizing the risk of loss, injury, or death due to seismic ground shaking. Thus, impacts are considered less than significant. i � III)SEISMIC-RELATED GROUND FAILURE,INCLUDING LIQUEFACTION? Less than Significant Impact. According to the Technical Background Report to the Safety Element of the General Plan for the City of Palm Springs, Riverside, California (2005), the potential for liquefaction is low. The project is located in an area of the City indicated in the Report to have groundwater at a depth greater than 50 feet as well as fine-grained granular sediments. In addition, the project will be designed according to City codes and to the recommendations of the geotechnical engineer. Therefore, impacts are considered less than significant. IV) LANDSLIDES? No Impact. The topography within the limits of the proposed project is generally flat. Hillsides with slopes at 10-26% are 1,400 feet southwest from the project site. Given this separation, no impact will occur. Ii B) RESULT IN SUBSTANTIAL SOIL EROSION OR THE LOSS OF TOPSOIL? Less than significant impact. According to the Soil Survey of Riverside County, California, Coachella Valley Area (U.S. Department of Agriculture Soil Conservation Service 1980), the proposed project is located on the Carsitas-Myoma soil association. This association is described as nearly level to moderately steep, somewhat excessively drained or excessively drained sands, fine sands, gravelly sands, cobbly sands, and stony sands on alluvial fans and valley fill. According to the soil survey, these soil types have a low to moderate susceptibility to erosion. The project would comply with all erosion control measures and best management practices required as a part of the National Pollutant Discharge Elimination System (NPDES) permit (refer to Response 8[a]). Following development, the project site will be less subject to erosion than before development, due to stabilization of the site with structures, landscaping and parking lots. BMW Auto Dealership, Initial Study April 2006 Page 26 of 48 11 L BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION i Adherence to standard erosion control measures will reduce potential impacts 1 associated with this issue to a less than significant level. (-I 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? Less than Significant Impact. Please refer to Responses 6(a)(i) - 6(a)(iv) and 6(b). � D) BE LOCATED ON EXPANSIVE SOIL,AS DEFINED IN TABLE 18-1-B OF THE UNIFORM BUILDING CODE (11994), CREATING SUBSTANTIAL RISKS TO LIFE OR PROPERTY? Less than Significant Impact. The project is located on soils with a low shrink-swell potential (U.S. Department of Agriculture Soil Conservation Service 1980); therefore, potential impacts related to this issue are less than significant. ( ( ' E)i HAVE SOILS INCAPABLE OF ADEQUATELY SUPPORTING THE USE OF SEPTIC TANKS OR ALTERNATIVE WASTEWATER DISPOSAL SYSTEMS WHERE SEWERS ARE NOT AVAILABLE FOR THE DISPOSAL OF WASTEWATER? I No Impact. The proposed project will be served by sewers. As septic tanks or alternative wastewater disposal systems will not be used, no impact related to this issue will occur. Less Than i Significant _- Pglentlally-` With - Less Than - Significant_ Mitigation Significant No slmpact Incorporated Impact lrrlpact_ ( VII. HAZARDS AND HAZARDOUS MATERIALS. Would the ro'ect: a) Create a significant hazard to the public or the environment through the ❑ ❑ ® ❑ routine transport, use or disposal of f hazardous materials? I b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ❑ ❑ ® ❑ accident conditions involving the release of hazardous materials into the environment? c:) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within ❑ ❑ ❑ one-quarter mile of an existing or proposed school? I i BMW Auto Dealership, Initial Study �e April 2006 �. Page 27 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION it it - - Less'TBan Signindaht- - I Potentially with 'Less Than Signifcant Mitigation Significant No Impact in •,Impact - "Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government El ❑ ElCode §65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a public use ❑ ❑ ❑ airport, would the project result in a safety hazard for people residing or j I working in the project area? f) For a project within the vicinity of a private airstrip,would the project result ❑ ❑ ❑ i in a safety hazard for people residing or working in the project area? I g) Impair implementation of, or physically interfere with, an adopted emergency El ❑ ❑ response plan or emergency i ' evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death I involving wildland fires, including where ❑ ❑ ❑ I i wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? A) CREATE A SIGNIFICANT HAZARD TO THE PUBLIC OR THE ENVIRONMENT THROUGH THE ROUTINE TRANSPORT, USE,OR DISPOSAL OF HAZARDOUS MATERIALS? Less than Significant Impact. The project is a standard commercial development and will not create a significant hazard through the transportation of hazardous materials for construction purposes. To the extent that hazardous materials are used on site, they will be handled, used, stored, transported, and disposed of pursuant to applicable State, federal, and local regulations. Therefore the impact will be less than significant. 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? Less than Significant Impact Please see 7(a). I BMW Auto Dealership,Initial Study f ; April 2006 Page 28 of 48 II I � �J {{ BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION II 3 L_1 C) EMIT HAZARDOUS EMISSIONS OR HANDLE HAZARDOUS OR ACUTELY HAZARDOUS MATERIALS, -� SUBSTANCES, OR WASTE WITHIN ONE-QUARTER MILE OF AN EXISTING OR PROPOSED SCHOOL? _r No Impact. The project is not within one-quarter mile of an existing or proposed school (Thomas Bros. Maps, San Bernardino and Riverside County, 2003; Palm Springs Unified ` School District, htto://www.psusd.kI2.ca.us). 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? No Impact. Earth Systems Southwest prepared a hazardous Phase I Environmental Site Assessment (July 2005) for the proposed project (contained in Appendix D). The project site was not identified in the agency database review, nor do the sites in the vicinity appear to pose a risk to the project site. p 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 PUBLIC USE AIRPORT,WOULD THE PROJECT RESULT IN A I SAFETY HAZARD FOR PEOPLE RESIDING OR WORKING IN THE PROJECT AREA? No Impact. While the northern end of the project is located approximately one and three-quarter miles south of the Palm Springs Regional Airport, the City has adopted an Airport Land Use Plan and the proposed project is consistent with that plan. Because j the proposed project would not expose persons or property to an airport-related safety ( hazard, no impact associated with this issue will occur. F) FOR A PROJECT WITHIN THE VICINITY OF A PRIVATE AIRSTRIP,WOULD THE PROJECT RESULT IN A SAFETY HAZARD FOR PEOPLE RESIDING OR WORKING IN THE PROJECT AREA? No Impact. The project is not located in the vicinity of a private airstrip; therefore, no impact related to this issue will occur. G) IMPAIR IMPLEMENTATION OF OR PHYSICALLY INTERFERE WITH AN ADOPTED EMERGENCY RESPONSE PLAN OR EMERGENCY EVACUATION PLAN? I No Impact. No such plan has been developed; therefore, no impact related to this issue will occur. I H)EXPOSE PEOPLE OR STRUCTURES TO A SIGNIFICANT RISK OF LOSS, INJURY OR DEATH INVOLVING WILDLAND FIRES,INCLUDING WHERE WILDLANDS ARE ADJACENT TO URBANIZED AREAS OR WHERE RESIDENCES ARE INTERMIXED WITH WILDLANDS? No Impact. According to the Riverside County General Plan, Figure 13, the project site has a low risk of wildland fires. Additionally, most of the property is surrounded by I developed areas that isolate the property from the potential of wildland fires. No impact related to this issue will occur. BMW Auto Dealership,Initial Study April of 06 48 ,,. Page 29 of 48 L BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I � 1� Less Than - Significant - Pate>ntially. .kith Les's'_Than i Signif ,ant'= .Mitigation Significant'. No ,' j Impact IncojPtlrafed- "Impact ,Impact VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or ❑ ❑ ® ❑ waste discharge requirements? b) Substantially deplete groundwater ` supplies or interfere substantially with 6 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 river, in a manner that would j result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase ❑ ❑ ® ❑ the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? 4 e) Create or contribute runoff water that i would exceed the capacity of existing or planned stormwater drainage systems, or ❑ ❑ ® ❑ ' provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ® ❑ quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? I BMW Auto Dealership,Initial Study April 2006 Page 30 of 48 LJ BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ( - Less Than . . - - StgnRfcant _ Potentlally With LessThad'` - Significant Mitigation Significant _ No, - 'Impacf lncarporated Impact'- Impact �u h) Place within a 100-year flood hazard area .4 structures that would impede or redirect ❑ ❑ ❑ flood flows? i) Expose people or structures to a l ' significant risk of loss, injury or death ❑ El El_ involving flooding, including flooding as a [ result of a failure of a levee or dam? j) Inundation by seiche, tsunami or ❑ ❑ ❑ mudflow? A.)VIOLATE ANY WATER QUALITY STANDARDS OR WASTE DISCHARGE REQUIREMENTS? Less than Significant Impact. Waste discharges include discharges of storm water and construction project discharges. A construction project resulting in the disturbance of one acre or more requires an NPDES permit. Construction project proponents are required to prepare an SWPPP prescribing measures to reduce potential water quality impacts to a less than significant level. Because the project will require earthmoving activities, increasing the potential for the 1 erosion of exposed soils (either via wind or water). Although permanent erosion control l_I measures will be incorporated into the final design of the proposed project, temporary erosion control measures will be taken during construction.The project will obtain an NPDES permit from the Regional Water Quality Control Board (RWQCB). Under the NPDES permit, a site-specific SWPPP will be required for the project. The SWPPP will identify project-specific Best Management Practices (BMPs) that minimize soil erosion and subsequent stormwater discharges. Because erosion control methods will be adhered to throughout the duration of the proposed project, no significant soil erosion or siltation impacts will result from implementation of the proposed project. 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)? Less than Significant Impact. The proposed project will be served by Desert Water Agency, and will not require its own well supplies.The project will result in the development of a new automobile dealership and associated landscaping that will require additional water supplies. It should be noted, however, that the Whitewater River groundwater sub-basin is currently in an overdraft condition. Therefore, Desert Water Agency (DWA) would BMW Auto Dealership, Initial Study April 2006 Page 31 of 48 _1 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION contribute cumulatively to this overdraft condition by supplying water to any new project in the Coachella Valley, including this one. To address this situation and stabilize long-term ground water levels, DWA has instituted ongoing programs including artificial recharge of the groundwater basin using State Water Project supplies and other surplus water, orderly expansion of the recycled water system, and aggressive investment in and promotion of conservation programs. These programs (including water purchases) are funded by a groundwater assessment fee charged against groundwater well extractions. Due to its large size, basin management is feasible with replenishment using ( surplus water during wet years and draw down during dry ones. L When compared to the overall basin size and the large nearby areas permanently [ available for groundwater recharge (Whitewater Wash), the project is not likely to affect groundwater recharge on a project level and may slightly increase non- consumptive return (irrigation) water. In addition, the inclusion of on-site stormwater basins would retain a portion of stormwater flows and allow increased percolation of these to the groundwater aquifer during storms. Although this retention would occur infrequently due to the dry climatic conditions present, it would help offset the added runoff created by new impervious surfaces (rooftops and streets) built by the project. The project would follow water conservation guidelines included within the Palm Springs General Plan Update EIR (Page 5-100), the Palm Springs General Plan (Pages II-63 and 11-64), and the Water Efficient Landscape Ordinance, to mitigate the impacts to public water supplies, including the use of drought-tolerant plants in landscaping. The project will also use ultra-low flow fixtures in residential buildings. Therefore, the project will not have a significant adverse effect on groundwater supplies. I j C)SUBSTANTIALLY ALTER THE EXISTING DRAINAGE PATTERN OF THE SITE OR AREA, INCLUDING THROUGH THE ALTERATION OF THE COURSE OF A STREAM OR RIVER, IN A MANNER THAT WOULD RESULT IN SUBSTANTIAL EROSION OR SILTATION ON- OR OFF-SITE? Less than Significant Impact. Because the project will adhere to City standard erosion control methods throughout construction, no significant impact related to erosion or siltation will occur. Development of the project will actually reduce the extent of !, downstream siltation by stabilizing the existing site with project facilities (i.e., structures, landscaping and parking). Therefore, impacts are considered less than significant. D,)SUBSTANTIALLY ALTER THE EXISTING DRAINAGE PATTERN OF THE SITE OR AREA, INCLUDING THROUGH THE ALTERATION OF THE COURSE OF A STREAM OR RIVER, OR SUBSTANTIALLY INCREASE THE RATE OR AMOUNT OF SURFACE RUNOFF IN A MANNER THAT WOULD RESULT IN FLOODING ON- OR OFF-SITE? Less than Significant Impact. No stream-beds or rivers cross the site. The nearest major streambed near the site is the Palm Canyon Wash, approximately one-half mile to the west. ` By increasing impervious surfaces, the project will increase the extent of off-site flows during major storm events. As such, standard City policies will require the developer to construct one or more detention facilities to ensure that off-site flows do not exceed pre-development levels.The project engineer subdivided the site into four drainage areas, and the stormwater storage volumes were estimated as follows: I BMW Auto Dealership, Initial Study April 2006 �,.. Page 32 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION i. Area-1 1.69 acres 2,352 cubic feet Area-2 2.34 acres 3,293 cubic feet I I Area-3 2.98 acres 4,234 cubic. feet Area-4 1.76 acres 2,646 cubic. feet I � Source: Email to Mr. Chris Hector DMC engineering, contained in Appendix E. These facilities will be incorporated into the project and will reduce impacts below a t level of significance. ( E) CREATE OR CONTRIBUTE RUNOFF WATER THAT WOULD EXCEED THE CAPACITY OF EXISTING OR PLANNED 9 STORMWATER DRAINAGE SYSTEMS, OR PROVIDE SUBSTANTIAL ADDITIONAL SOURCES OF POLLUTED RUNOFF? Less than Significant Impact. Please refer to Responses 8(c-d). When a construction area exceeds 1.0 acre in size, the applicant must develop and implement an SWPPP to control non-point pollution. Because the proposed project will increase impermeable surfaces only incrementally, and because construction activities will adhere to i applicable erosion control measures included in the SWPPP, no significant impact related to this issue will occur. I ` I F)OTHERWISE SUBSTANTIALLY DEGRADE WATER QUALITY? Less than Significant Impact. The proposed project will be operated consistent with ( ! State and federal requirements that prevent any project- related hazardous materials - from being disposed of in the environment.The proposed project will increase the total amount of developed areas in the City by 8.9 acres. Adherence to NPDES requirements will reduce potential impacts related to this issue to a less than significant level. i 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? I . No Impact. The proposed project does not include any housing; therefore, no impact related to this issue will occur. H) PLACE WITHIN A 100-YEAR FLOOD HAZARD AREA STRUCTURES THAT WOULD IMPEDE OR REDIRECT FLOOD FLOWS? No Impact. The project is located outside the 100-year flood hazard area. I) EXPOSE PEOPLE OR STRUCTURES TO A SIGNIFICANT RISK OF LOSS, INJURY OR DEATH INVOLVING FLOODING,INCLUDING FLOODING AS A RESULT OF THE FAILURE OF A LEVEE OR DAM? No Impact. The proposed project does not include the alteration of any existing flood control features. J) EXPOSE PEOPLE OR STRUCTURES TO INUNDATION BY SEICHE,TSUNAMI,OR MUDFLOW? No Impact. Impacts associated with a seiche or a tsunami are associated with proximity to a standing water body or the ocean, respectively. The proposed project is not close I to standing water, and is not in a coastal area. Thus, no impacts from seiche or tsunami would occur. BMW Auto Dealership, Initial Study �e April 2006 Cy; Page 33 of 48 r_a f{ BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1 � b - _ Less Tlan'. - Slgnitii'aai With; ist Potentially-, Mitigation Less than -'y Slgmlicant Incorpoia_Ie -',Significant 'No r -Jmppct �d Impoict Impact ( IX. LAND USE AND PLANNING. Would the roiect: a) Physically divide an established ❑ ❑ ❑ community? I b) Conflict with any applicable land use i P 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 r purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ conservation plan? A) PHYSICALLY DIVIDE AN ESTABLISHED COMMUNITY? No Impact. The project site is surrounded by development; it would serve as an infill project. Thus, the project will not divide an established community. I ! 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? No Impact. The proposed land use is consistent with the City of Palm Springs General Plan and Zoning Ordinance.The project is inconsistent with the current General Plan in that it proposes a private frontage road rather than a public frontage road; the proposed General Plan amendment would correct that inconsistency. No other adopted plans have jurisdiction over the proposed project. C) CONFLICT WITH ANY APPLICABLE HABITAT CONSERVATION PLAN OR NATURAL COMMUNITY CONSERVATION PLAN? No Impact. Please refer to discussion of habitat conservation plans in the Biological Resources section. _ BMW Auto Dealership, Initial Study Y April 2006 Page 34 of 48 [J BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION f_ Less7han Significant _ Potentially `-with - -Less Than " Significant Mitigation Significant -No. 1 - Impact Incofpoiafed hn,pact .IFripoct X. MINERAL RESOURCES. Would theproject: r 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? F b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, El ❑ specific plan or other land use plan? 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? I No Impact. According to Figure 4.12-1 of the Riverside County General Plan EIR #441, I the project is located within an area classified as MRZ-3: "Areas where the available information indicates that mineral deposits are likely to exist, however, the significance of the deposit is undetermined." But no known mineral deposits are located on the site, and the site is not identified on local plans or State plans as a mineral recovery area. Furthermore, mining is not a permitted use on the property, so even if mineral resources did exist on the site, they would be unrecoverable. Therefore, the Project will not result in the loss of availability of a known mineral resource in an area classified or designated by the State that would be of value to the region or to the residents of the State. i B) RESULT IN THE LOSS OF AVAILABILITY OF A LOCALLY IMPORTANT MINERAL RESOURCE RECOVERY SITE ( DELINEATED ON A LOCAL GENERAL PLAN,SPECIFIC PLAN OR OTHER LAND USE PLAN? No Impact. Please refer to Response 10(a). 1 : I f . I I i BMW Auto Dealership, Initial Study April 2006 Page 35 of 48 Ig I BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION L_VI ,Less Than 'Significant Potentially - With ,Less Than - _ Significant Mitigation Significant, . . . Impact Incorporated - Impact Irimp"act NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards s established in the local general plan or ❑ ❑ ® ❑ noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project ❑ ❑ ® ❑ vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ® ❑ without the project? i e) For a project located within an airport land use plan area or, where such a plan j has not been adopted, within two miles of a public airport or a 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 ❑ ❑ Elpeople residing or working in the project area to excessive noise levels? I a) EXPOSURE OF PERSONS TO,OR GENERATION OF NOISE LEVELS IN EXCESS OF,STANDARDS ESTABLISHED IN THE LOCAL GENERAL PLAN OR NOISE ORDINANCE, OR APPLICABLE STANDARDS OF OTHER AGENCIES? Less than Significant Impact. The service areas of the proposed auto dealership and service center will be 304 feet away from homes on the west and 149 feet away from homes on the west. Noises coming from the site will be required to comply with the City of Palm Springs Noise Ordinance. Any construction-related noise will comply with the City of Palm Springs noise ordinance, so noise levels will not exceed a level of significance. BMW Auto Dealership, Initial Study s April 2006 '. Page 36 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION r B) EXPOSURE OF PERSONS TO, OR GENERATION OF, EXCESSIVE GROUND-BORNE VIBRATION OR GROUND- BORNE NOISE LEVELS? No Impact. The activity associated with this project will not produce any ground-borne noise levels or vibration, so there will be no impact. II (.� C)A SUBSTANTIAL PERMANENT INCREASE IN AMBIENT NOISE LEVELS IN THE PROJECT VICINITY ABOVE LEVELS EXISTING WITHOUT THE PROJECT? Less than Significant Impact. According to the Traffic Study in Appendix F, traffic noise levels on East Palm Canyon Drive would increase by less than 1 percent due to the Pro]ect. The noise level will increase by less than one decibel, so the impact will be less than significant. i._ Dil A SUBSTANTIAL TEMPORARY OR PERIODIC INCREASE IN AMBIENT NOISE LEVELS IN THE PROJECT VICINITY ABOVE LEVELS EXISTING WITHOUT THE PROJECT? -i Less than Significant Impact. As discussed in Response 1 1 (a), above, and Response 1 I (c), above, noise increases will be less than significant. 9 II 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 PUBLIC USE AIRPORT, WOULD THE PROJECT EXPOSE PEOPLE RESIDING OR WORKING IN THE PROJECT AREA TO EXCESSIVE NOISE LEVELS? No Impact. The proposed project is located within approximately two miles of the Palm Springs Regional Airport. However, the project would not affect operations at the airport; furthermore, according to the Draft EIR/EIS for Implementation of Airport Master 13 Plan and F.A.R. Part 150 Study (Coffman Associates, 1995, for the City of Palm Springs), the proposed project is outside of the 60-CNEL noise contour of the Palm Springs Regional Airport. Because the proposed project will not expose people residing or working near the project area to airport-related noise, no impact associated with this issue will occur. F) FOR A PROJECT WITHIN THE VICINITY OF A PRIVATE AIRSTRIP,WOULD THE PROJECT EXPOSE PEOPLE RESIDING OR WORKING IN THE PROJECT AREA TO EXCESSIVE NOISE LEVELS? r No Impact. The project is not located in the vicinity of a private airstrip, so no impact related to this issue will occur. I I , Oct' to Dealership,Initial Study April 2006 .,, Page 37 of 48 1 � BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION a i Y Less Than _ IP Significant Ll Potentially With' Less,Than Significant- Mitigation Significant No I I - Impact,„ incorporated Impact impact XII. POPULATION AND HOUSING. Would the project: a ( a) Induce substantial population growth in IL an area, either directly (e.g., by proposing new homes and businesses) or ❑ ❑ ❑ indirectly (e.g., 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, I necessitating the construction of ❑ ❑ ❑ -� replacement housing elsewhere? ( i 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)? No Impact. The project is located in a predominantly developed area and will not J induce population growth. The facility will serve as a replacement BMW facility and will be mostly using current employees in the new facility. Any new employees hired will likely be hired from within the City or surrounding communities and will not create a demand for additional housing. Construction activities at the site will be short-term, will likely employ local workers, and will not attract new employees to the area. Because the proposed project will facilitate minimal growth, no impact related to this issue will occur. B) DISPLACE SUBSTANTIAL NUMBERS OF EXISTING HOUSING, NECESSITATING THE CONSTRUCTION OF I REPLACEMENT HOUSING ELSEWHERE? No Impact. The proposed project would not displace any existing housing, so no impact will occur. I C)i DISPLACE SUBSTANTIAL NUMBERS OF PEOPLE, NECESSITATING THE CONSTRUCTION OF REPLACEMENT I HOUSING ELSEWHERE? No Impact. The proposed project would not displace any housing, businesses, or other habitable structures, so no impact will occur. BMW Auto Dealership, Initial Study a April 2006 Page 38 of 48 I •C�' 1 II qqg, BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION �.9 - - _Potential _ ly Less Than Sig nlflca Significant'With Less Than fit Mitigation Significant, - No y y , Impact ?;:,,Inporpor,ated impact _ Impact All. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of !� which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ I c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Q) FIRE PROTECTION? No Impact. The proposed project will not result in a population increase. The project will pay required fire protection fees, and fire services currently available will be adequate for the new facility, so no impacts related to this issue will occur. � 1 b;) POLICE PROTECTION? No Impact. The proposed project will not result in a population increase. The project will pay police protection fees, and police services currently available will be adequate for the new facility, so no impacts related to this issue will occur. � I ),J Cjl SCHOOLS? No Impact. The proposed project will not result in a population increase or adversely affect any existing schools, so no impact will occur. d)I PARKS? No Impact. The proposed project will not result in a population increase or adversely ( affect any existing parks, so no impact will occur. e) OTHER PUBLIC FACILITIES? No Impact. Because the project will not result in a population increase, no impact to other public facilities would occur. BMW Auto Dealership, Initial Study April 2006 ,, Page 39 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION l Less Than @( P Significant Potenfiglly With " Less Than, _ "Significant - Mitigation Significant - 'No IM a incorporated dmpacf , Impact ;XIV. RECREATION. (J) Would the project increase the use of N existing neighborhood and regional I parks or other recreational facilities such ❑ ❑ ❑ that substantial physical deterioration of ! y the facility would occur or be l.! accelerated? b) Does the project include recreational facilities, or require the construction or expansion of recreational facilities, ❑ ❑ ❑ which might have an adverse physical k ' effect on the environment? 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? No Impact. The proposed project will not result in a population increase or adversely fj affect any existing parks or recreational facilities, so no impact will occur. B)INCLUDE RECREATIONAL FACILITIES OR REQUIRE THE CONSTRUCTION OR EXPANSION OF RECREATIONAL FACILITIES WHICH MIGHT HAVE AN ADVERSE PHYSICAL EFFECT ON THE ENVIRONMENT? No Impact. The project does not entail the construction or expansion of recreational facilities, so no impact related to this issue will occur. l I , i I , I �I BMW Auto Dealership, Initial Study April 2006 Page 40 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION � Y Less Than , Significant ,Potentially With :. Le'ss_Thq',o - „,SSi,gnillcant Mitigation Signrficani ,No, , Impact Incorporated - .Impact - Impact i XV. TRANSPORTATION/TRAFFIC. Would the ro'ect: a) Cause an increase in traffic that is 3 1, substantial in relation to the existing ! traffic load and capacity of the street system (i.e., result in a substantial ❑ ❑ ® ❑ { increase in either the number of vehicle I.! trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ® ❑ I management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic ❑ El ❑ levels or a change in location that resulis in substantial safety risks? II d) Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ❑ ❑ dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ? g) Conflict with adopted policies, plans or programs supporting alternative ❑ El Eltransportation (e.g., bus turnouts, bicycle racks)? t a) CAUSE AN INCREASE IN TRAFFIC WHICH IS SUBSTANTIAL IN RELATION TO THE EXISTING TRAFFIC LOAD AND CAPACITY OF THE STREET SYSTEM(I.E., RESULT IN A SUBSTANTIAL INCREASE IN EITHER THE NUMBER OF VEHICLE TRIPS,THE VOLUME TO CAPACITY RATIO ON ROADS, OR CONGESTION AT INTERSECTIONS)? Less than Significant Impact. According to the Traffic Study contained in Appendix F, the project is estimated to generate approximately 1,534 daily trips, based upon the standard ITE trip generation rates. The traffic study estimates that approximately 5% of these would be "pass-by" trips, i.e., customers looking at cars at the existing dealerships as well; therefore, such trips would be already on the roadway network, and are not an impact of the project. -,_ BMW Auto Dealership, Initial Study April 2006 Page 41 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ii Discussion with BMW Dealership staff indicated that approximately 2/3 of the customers p and employees of the existing dealership are located to the east of the existing facility; the balance (1/3) are located west of the existing facility, so traffic generation to destinations along Cherokee Way is expected to be nominal because Cherokee Way serves such a small number of residences. Therefore, traffic generated by the new facility is expected to distribute the same ways as the existing facility, with 1/3 traveling west on East Palm Canyon Drive and 2/3 traveling east. The following table shows the estimated new trips generated from the site on a daily basis, and in the AM and PM Peak hours. I Estimated Trip Generation from BMW Dealership Trip Generation AM Peak PM Peak Daily Trips WB EB WB EB Vehicles Added to E Palm Canyon East of 976 44 16 30 47 Cherokee Vehicles Added to E Palm Canyon West of Site 481 8 22 23 22 Source: Appendix F and ITE Handbook. I ; Existing traffic counts taken at the intersection of East Palm Canyon Drive at Cherokee ! Way; the following table provides the "Level of Service" analysis at that intersection in two conditions: Existing 2006, and Future 2020, assuming a 2 percent growth rate along East Palm Canyon Drive. Traffic counts were taken during the AM, Noon, and PM Peak Hours. Intersection: AM Peak Hour PM Peak Hour I Delay LOS Delay LOS East Palm Canyon Drive @ Cherokee Existing 2006 14.0 sec B 14.6 sec B Future 2020 16.3 sec B 29.7 sec C j Source: LSA Associates, Inc. (See Appendix F for definitions of Delay and LOS) Based upon the above analysis, the project will increase PM Peak Hour traffic along East Palm Canyon Drive by the following percentages: i Project Traffic as%of East Palm Cyn at Cherokee EB WB East of Cherokee 2.1% 3.4% i West of Project Site 1.7% 1.57, The City requires projects to analyze their impacts at nearby intersections. Based upon City standards of LOS D at intersections, the project would have an adverse impact on circulation if it caused the existing or future LOS to be reduced below LOS D during the peak hours. I i I� — Wy BMW Auto Dealership,Initial Study e April 2006 J Page 42 of 48 i fff BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION The applicant is proposing install a new traffic signal at the easterly site driveway along East Palm Canyon Drive, with the signal located approximately 740 feet from the i I centerline of Cherokee. Full left-turn access would be allowed at this location. Left turn _➢ access from the western site driveway would be precluded by a median. di I The revised Level of Service can be calculated for both the Cherokee Intersection and ' the new signalized "BMW" intersection as follows: IJ Intersection: AM Peak Hour PM Peak Hour Delay LOS Delay LOS d 4 East Palm Can on Drive @ Cherokee tt Existing Conditions 14.0 sec B 14.6 sec B 2007 Plus Project Conditions 15.1 sec B 16.6 sec B Future 2020 Conditions w/o Project 16.3 sec B 29.7 sec C _t Future 2020 Conditions with Project 17.8 sec B 35.5 sec C East Palm Canyon Drive @ BMW Driveway 2007 Plus Project Conditions 1 1.4 sec B 11.1 sec B L� Future 2020 Conditions with Project I 11.0 sec B 14.0 sec B According to these calculations, the project will not cause traffic volumes to exceed the City's Level of service standard (D) Service standards, and impacts will be less than significant. I B) EXCEED, EITHER INDIVIDUALLY OR CUMULATIVELY,A LEVEL OF SERVICE STANDARD ESTABLISHED BY THE COUNTY CONGESTION MANAGEMENT AGENCY FOR DESIGNATED ROADS OR HIGHWAYS? Less than Significant Impact. The applicable standards of the County Congestion Management Agency are the same as those of the City, so impacts similarly will be less than significant. C,) RESULT IN A CHANGE IN AIR TRAFFIC PATTERNS,INCLUDING EITHER AN INCREASE IN TRAFFIC LEVELS OR A CHANGE IN LOCATION THAT RESULTS IN SUBSTANTIAL SAFETY RISKS? No Impact. The proposed project does not entail any changes in air traffic patterns, so no impact related to this issue will occur. D)SUBSTANTIALLY INCREASE HAZARDS DUE TO A DESIGN FEATURE(E.G.,SHARP CURVES OR DANGEROUS INTERSECTIONS)OR INCOMPATIBLE USES(E.G., FARM EQUIPMENT)? No Impact. The Project will be built to City design standards, Shifting traffic away from the frontage road intersection to the new signalized access will improve traffic safety by reducing conflicting movements at the frontage road intersection with Cherokee Way. E) RESULT IN INADEQUATE EMERGENCY ACCESS? No Impact. The project will provide emergency access per City Fire Department Standards. F) RESULT IN INADEQUATE PARKING CAPACITY? No Impact. The project will include adequate parking, so no impact relating to parking ( capacity is anticipated. BMW Auto Dealership, Initial Study April2006 �� Page 43 of 48 l BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION L,J G)CONFLICT WITH ADOPTED POLICIES, PLANS,OR PROGRAMS SUPPORTING ALTERNATIVE TRANSPORTATION E.G., BUS TURNOUTS, BICYCLE RACKS)? No Impact. The proposed project will not conflict with alternative transportation. The bike trail on the north side of East Palm Canyon Drive will not be affected, so no impact { related to this issue will occur. I -4 Less than Significant - r.With Potentially Mitigation Less Than v - Significant Incorporate Significant -No Impact ,` 'd impact 'Irppact , XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: I ) 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 I facilities or expansion of existing facilities, ❑ ❑ ❑ •� the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ❑ ❑ ® ❑ I construction of which could cause significant environmental effects? d) Have sufficient water supplies available i to serve the project from existing El El ® El , entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves, or may serve, the project that it ❑ ❑ ❑ j has adequate capacity to serve the project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate ❑ ❑ ® ❑ the project's solid waste disposal needs? g) Comply with federal, state and local statutes and regulations related to solid ❑ ❑ ® ❑ waste? I BMW Auto Dealership, Initial Study `t April 2006 Page 44 of 48 I BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION a a] EXCEED WASTEWATER TREATMENT REQUIREMENTS OF THE APPLICABLE REGIONAL WATER QUALITY t CONTROL BOARD? Less than Significant Impact. Wastewater treatment will be provided by the City of Palm Springs, which has adequate capacity at its wastewater treatment plant on Mesquite ( Drive, so impact will be less than significant. F- B) REQUIRE OR RESULT IN THE CONSTRUCTION OF NEW WATER OR WASTEWATER TREATMENT FACILITIES OR fy EXPANSION OF EXISTING FACILITIES,THE CONSTRUCTION OF WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL EFFECTS? f$ No Impact. See response to 16 (b); no impact on this issue will occur. —� C) REQUIRE OR RESULT IN THE CONSTRUCTION OF NEW STORMWATER DRAINAGE FACILITIES OR EXPANSION OF EXISTING FACILITIES,THE CONSTRUCTION OF WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL I EFFECTS? Less than Significant Impact. All drainage in excess of current levels will be retained on- site. Please refer to Responses 8(d)(e). The project does not require the expansion of a storm drainage system, so its impact on this issue will be less than significant. CI) HAVE SUFFICIENT WATER SUPPLIES AVAILABLE TO SERVE THE PROJECT FROM EXISTING ENTITLEMENTS AND RESOURCES,OR ARE NEW OR EXPANDED ENTITLEMENTS NEEDED? Less than Significant Impact. Water service would be provided by Desert Water Agency whose supply is adequate to serve the project. The water main is adjacent to the project site, so impacts related to this issue are less than significant. E) RESULT IN A DETERMINATION BY THE WASTEWATER TREATMENT PROVIDER WHICH SERVES OR MAY SERVE THE S PROJECT THAT IT HAS ADEQUATE CAPACITY TO SERVE THE PROJECTS PROJECTED DEMAND IN ADDITION TO THE PROVIDERS EXISTING COMMITMENTS? No Impact. Please refer to Responses 16(a)(b). t ! Fjl BE SERVED BY A LANDFILL WITH SUFFICIENT PERMITTED CAPACITY TO ACCOMMODATE THE PROJECTS SOLID WASTE DISPOSAL NEEDS? f Less than Significant Impact. Solid waste disposal will be provided by the current City- contracted hauler, who disposes of the refuse at a permitted landfill (Edom Hill Transfer Station). The existing landfill has sufficient capacity to accommodate solid waste beyond the next 20 years. Development of the proposed project will not significantly f impact current operations or the expected lifetime of the landfill. On-site uses will be required to comply with the City and State waste reduction and recycling standards. Any solid waste generated during construction of the project will be disposed of in a manner compliant with all relevant federal, state, and local statutes and regulations. Adherence to these regulations will reduce impacts related to this issue to a less than significant level. G) COMPLY WITH FEDERAL,STATE,AND LOCAL STATUTES AND REGULATIONS RELATED TO SOLID WASTE? Less than Significant Impact. Any solid waste generated by the project and during construction of the project will be disposed of in a manner compliant with all federal, BMW Auto Dealership, Initial Study April 2006 �,. Page 45 of 48 i BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION f i State, and local regulations, so impacts related to this issue will be reduced to a less I than significant level. I_� Less Than _ Significant Potentially With' Less Than' ` L{ Significant -Mitigation SigniBcgnt No Impact ,, Incorporated LMPaCt_" Impact { XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, J substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the El number or restrict the range of rare or endangered plants or animals, or LA eliminate important examples of the major periods of California history or ( I prehistory? ' b) Does the project have impacts that are individually limited, but cumulatively ` considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in El El 0 El connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c:) Does the project have environmental effects that will cause substantial adverse effects on human beings, either El El El M directly or indirectly? A) DOES THE PROJECT HAVE THE POTENTIAL TO DEGRADE THE QUALITY OF THE ENVIRONMENT,SUBSTANTIALLY REDUCE THE HABITAT OF A FISH OR WILDLIFE SPECIES, CAUSE A FISH OR WILDLIFE POPULATION TO DROP BELOW SELF-SUSTAINING LEVELS,THREATEN TO ELIMINATE A 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? Less than Significant. Based upon the above analysis, the project has no potential to degrade the quality of the environment. No significant cultural, historic, or paleontological resource has been identified within the project limits. By adhering to City and state measures related to the discovery, recovery and/or recordation of cultural resources and/or human remains during construction activities, the project will BM W Auto Dealership, Initial Study t April 2006 a» ,i Page 46 of 48 i ' BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ensure that it has no significant impact to cultural resources. All potential impacts will be mitigated below a level of significance in compliance with City standards. B) DOES THE PROJECT 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 I CURRENT PROJECTS,AND THE EFFECTS OF PROBABLE FUTURE PROJECTS.)ESE Less than Significant Impact. The analyses of air, traffic, and noise are inherently k cumulative; the balance of these issues are addressed in the City of Palm Springs General Plan. Impacts are less than significant. c) DOES THE PROJECT HAVE ENVIRONMENTAL EFFECTS THAT WILL CAUSE SUBSTANTIAL ADVERSE EFFECTS ON HUMAN BEINGS, EITHER DIRECTLY OR INDIRECTLY? No Impact. Based upon the above analyses, no such effects have been identified, so no adverse effects on human populations will occur. � I _I �i I ; L� f l I BMW Auto Dealership, Initial Study April 2006 •., "�,;,' Page 47 of 48 BMW AUTO DEALERSHIP INITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES I � City of Palm Springs. General Pion.]991 . I i Conservation Department. Alquist-Priolo Earthquake Fault Zones, j ) fi iLUP- orasrv.ca.gov/pub(dmr�[�ubs(sp�Sp42.pdf [ Earth Consultants International, Inc. Technical Background Report to the Safety Element of the General Plan for the City of Palm Springs. June 2005. 1 Earth Systems Southwest. Report of Phase I Environmental Site Assessment. July 2005. H Riverside County Planning Department, LSA Associates, Inc, and Transcore. Riverside County Integrated Project, General Plan Final Program Environmental Impact Report. ] October 2003. [Agency?] Soil Survey of Riverside County, California, Coachella Valley Area Tierra Environmental Services, Inc. Biological Resources Technical Report for the Trust-to- Fee Transfer of the Browne 8.78-Acre Allotted Parcel. December 2004. 1 Tierra Environmental Services, Inc. Cultural Resource Survey Report for the Trust-to-Fee Transfer of the Browne 8.78-Acre Allotted Parce. November 2004. I4 Appendices: A. Cultural Resources Report B. Biological Resources Report -; C. URBEMIS Calculations for Air Quality ID. Hazardous Materials Report E. Hydrology Memo F. Traffic Study I , I I I BMW Auto Dealership, Initial Study a April 2006 LA Page 48 of 48 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 3.2871 MAJOR ARCHITECTURAL APPROVAL CASE NO. 5.1101 GENERAL PLAN AMENDMENT AND CASE NO. 5.1124 ZONE TEXT AMENDMENT BMW AUTO DEALERSHIP 3737 EAST PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 19, 2006. 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 the hearing is to consider Case Nos. 3.2871-MAJ, 5.1101-GPA and 5.1124-ZTA applications by BMW Motors of Palm Springs for approval of a Major Architectural Approval for a proposed new automobile dealership facility on an undeveloped lot at 3737 East Palm Canyon Drive (one block west of Cherokee Way). Associated with the project is a General Plan Amendment to delete the requirement for a public frontage road along East Palm Canyon Drive, and a Zoning Text Amendment to allow parking within the East Palm Canyon Drive setback. The project is located in Zone C2, Section 30. (ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. (REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the (Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ,Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward Robertson, Department of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. Jai es Thompson, City Clerk N Department of Planning Services W+E Vicinity Map S Lj -mow mm —�v _ m m m m m m m m IL 0 �P P U q UFVq S P��P TiCO C w N 197 T w Y K W S U A ILI J Q LU SANTA MARIA U � m O SANTAMONICA m � o o - ANTA ULA mLJ Of U o CAMARILLO � � Legend U N ¢ CAMARILLO W w Protect Area J w NEWPORT DR 400ft Buffer 0 � p QU�� G CITY OF PALM SPRINGS CASE NO: 5.1101 GPA DESCRIPTION: To consider a Major Architectural 3.2871 MAJ application by BMW Motors of Palm Springs for a proposed 5.1124 ZTA new automobile dealership facility and an application for a General Plan Amendment to delete the existing public APPLICANT: BMW Motors of Palm Springs frontage road along East Palm Canyon Drive and a Zoning Text Amendment to allow parking within the East Palm Canyon Drive setback,Zone C2, Section 30. APN: 681-070-016. PROOF OF PUPLICATIP.�,i!7 o L,, Fy g;i%,space for County Clerk's riling Stamp (2015.5.C.C.P) CITY CL f;I No 22a4 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO.3.2e71 STATE OF CALIFORNIA MAJOR ARCHIYECTURAL APPROVAL CASE NO.I.11 of County of Riverside GENERA CASE NO AMENDMENT AND ZONE TEXT AMENDMENT gMW AUTO DWLFRSHIP 3737 EASr PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the Clty Councl,— ol the City of Palm Sprigs,Calllor^la,WIII hold a ppublic hearing ar it.moehpg of July 19,2006.Th0 Olry Council mcenng bo9m Il 32oo East Tahqultz I am a citizen of the United States and a resident of Cou^c,l Chamber at Clty is the County aforesaid; 1 am over the age of eighteen Canyon Way Palm Springs. to years,and not a party to or interested in the Noe p3 rp87o IdAJ e511i01 ILPA and 5112A ZTA above-entitled matter.I am the principal clerk of a applications by BMW Motors of Palm Soval91oro3 tinier of the,DESERT SUN PIJBL15111NC approval of a Major P.rchltec[ur.I Approval P ptopo'ed new automobile dealorshlp faculty on COMPANY a newspaper of general circulation, an undevelopotl lot at f ChS7Verokee Gast Palm cs^yo^ Drive (one block we$r of CheroKra Way).A - and published in the city of Palm Springs, atad with me project Is a General PIpubl c Amend- printedr meat ro delete the regUi m gnL oranyo ❑rive and a County of Riverside,and which newspaper has been yon,ngaTeM Amendment to allow parive wahm adjudged a newspaper of general circulation by the the Ea^r Palm Canyon Drive setback The protect Superior Court of the County of Riverside,State of is boated in Zone C2, Section 30 California under the date of March 24,1988.Case ,. . Number 191236;that the notice,of which the C;D annexed is a printed copy(set in type not smaller than non parcel,has been published in each regular -,,,_,•a,_ �:r_-i ._,4` r� and entire issue of said newspaper and not in any supplement thereof an the following dates,to wit: July 8"i,2006 All in the year 2006 nr^rra-.T I certify(or declare)under penalty of perjury that the foregoing is true and correct. ENVIRONMENTAL DEYERMINATION= A Draft Mitigated Negative peclaratlI was ruparpd for this prc;cet under thalltye R dICEOA) ands Cl be'ITene- Dated at Palm Springs,California this--11"i, day Eewcd bental OCual CouncI at the hearing. REVcaWpPF,atR'on�Cl=elpinOnRa^dT�Oar:dhdocu- Of Jnly '2t1(16 merits are available far public review at City Hall petWean the hours of 6 DO a•m. and 5'00 p m. Monday through Friday.pieas'e contact the Office Of the Clry Clark at (76Dolntmon20o e�,ew�thele like to pc odulo an app documents. o f a f f COMMENT ON THIS APPLICATION: Response Sign turf to rh,s nonce may be made verbally 9t the Willi Haaring and/or In wnbng before the hr,anng to,corn (arcsfor miaor hand de1.v the io,ry Council lay Jamus Thompson Cityty Clerk 32 Palm Spmgs,CA^y2262 aY \�. Any challenge at the ptoonly those e iesuos raict In sed moyy be limited ro rasing Y \�® ar the public hearing described In this no4ca, or ^•\ in written cEnOr,,otlryeCpeu6lec hearing- (Gd to 1 overnY \ \ Clerk at, e prior, mast Code Section 660og[b][2]). An opportunity will be given at said hyarmg for all ,nturesfed persons to 60 heard Ouvsnans reEdt- sotape anmCnt of Plannec ingtSn'+Ces 3tp(760) son, 323.824 . Si Ciudaldado OPnlcan Springs stu aytt puede hablamoon I Nadine Fiieger relprono (76D) 323'g245. James fompson. Gity 5ra �" published!7/3/2000 Q'AdA4 SA City of Palm Springs u to Office of the City Cleric 3200 E.Tah uitz Canyon Way Palm Springs, California 92262 Tel: (760) 323-8204 • Fax: (760)322-8332 • Web: www.ci.palm-springs.ca.us q�YFORN AFFIDAVIT OF MAILING I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing to consider an application by BMW Motors of Palm Springs for approval of a Major Architectural Approval for a proposed new automobile dealership facility on an undeveloped lot at 3737 East Palm Canyon Drive (one block west of Cherokee Way) was mailed to each and every person set forth on the attached list on July 6, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (69 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this I Q'h day of July, 2006. / MES THOMPSON ' City Clerk- _ /kdh H:\USERS\C-CLMHearing NoticesW ridavit-BMW Post Office Box 2743 0 Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Public Hearing Notice MS APRIL HILDNER MR TIM HOHMEIER Case 3.2871, 5.1101 GPA, 5.1124 ZTA (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) BMW Motors of Palm Springs 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA CC Meeting 07.19.06 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MR PETE MORUZZI MS LAURI AYLAIAN PALM SPRINGS MODERN COMMITTEE HISTORIC TENNIS CLUB ORG MODCOM AND PO BOX 4738 377 WEST BARISTO ROAD HISTORIC SITE REP 1 I I PALM SPRINGS CA 92263-4738 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE VERIFICATION NOTICE 1 1 1 PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS ATTN SECRETARY 506 W. SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I I III INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 MR GARY WHITFIE.LD MR MANNY RAMOS WHITFIELD ASSOCIATES, INC. DMC ENGINEERING 24691 DEL PRADO, SUITE 201 18 TECHNOLOGY DRIVE,#100 SPONSORS I I I DANA POINT, CA 92629 IRVINE, CA 92618 MR PAT MURPHY MR CHRIS HECTOR SUMMERS/MURPHY&PARTNERS PARTNERS LAND DEVELOPMENT, LLC 34197 PACIFIC COAST HWY, #200 3919 E. PALM CANYON DRIVE DANA POINT, CA 92629 PALM SPRINGS, CA 92264 �0 7, i 3 . ��7/ , //a ! bmw° l��f.s er✓ %ham �%� y. 0E 009-706-274 009-708-353 009-705-939 SLIGER ALLEN F GULKE GERALD J ALESSANDRO CARL 21 CARMEL DR 5717 FITZGERALD RD 581 BIRCH ST E PALM SPRINGS,CA 92264 ROCKFORD,IL 61102 LAKE ELSINORE,CA 92530 009-706-965 009-718-668 009-706-384 GOODMAN ALLAN MANDELAS STEVEN L HOLM TRA G 241 NEWPORT DR PO BOX 398 29 SiA ANAST PALM SPRINGS, CA 92264 SEAHURST, WA 98062 P SPRINGS,CA 92264 009-706-803 009-707-230 009-705-747 FURNESS R NEIL MATHESON ALVIN A AHLBERG MAVIS M 790 GAETJEN CT 7 CARMEL DR 41 SANTA ANA ST ,V9P1B PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-707-358 681-070-016 681-070-008 GEORGE PEARL PARTNERS LAND DEV LLC FDH ENTERPRISES 750 LIDO BLVD 84A N/AVAIL 4095 E PALM CANYON DR LIDO BEACH,NY 11561 , PALM SPRINGS,CA 92264 009-712-398 009-715-462 009-720-145 SCI-IROEDER DAVID L ROSS DIANNE MARICLE HAROLD 100 S SUNRISE WAY 534 229 NEWPORT DR 99 SANTA PAULA ST PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-720-146 009-720-147 009-702-371 WILSON DOUGLAS V KORBEL HELENA PENCE DAVID C 917 9TH ST 247 NEWPORT DR 183 MALIBU DR MANHATTAN BEACH,CA 90266 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-718-139' 009-703-882 009-704-367 DAVIS HELEN T JACK SON LTER G FISHER THOMAS H 51 SANTA MARIA ST 3700E ABETH AVE 112 163 BALBOA DR PALM SPRINGS,CA 92264 0 IA,WA 5 8501 PALM SPRINGS,CA 92264 681-160-002 009-704-863 009-712-001 ELLIS RAYMOND C KAISERLILLIAN JONES DUREN EDWARD 2601 S CHEROKEE WAY 101 SANTA PAULA ST 97 SANTA PAULA ST PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-716-149 009-716-653 '09-714-6 GRANT BETTY L SAFARI PARK INC MAGI SALVADOR M PO BOX 370 80 SANTA MONICA ST 95 TA PAULA ST ' FIAILEY,ID 83333 PALM SPRINGS,CA 92264 LM SPRINGS,CA 92264 009-717-696 009-717-809 681-070-025 STEWART P IYRL L DICKSON IAN N FDH ENTERPRISES 172 BALBOA DR 3520 E SUNNY DUNES RD 4095 E PALM CANYON DR PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 681-070-022 009-613-673 009-708-489 USA 681 M&R PARTNERSHIP SMITH LARRY WILLIAM PO BOX 2245 510 RAINIER AVE S 148 LAGUNA DR PALM SPRINGS,CA 92263 SEATTLE,WA 98144 PALM SPRINGS,CA 92264 009-711-230 009-705-748 009-720-148 OWENS ELIZABETH A DAMICO ANN M HOLTZ I-IARVEY R 39 SAFARI PARK DR 79 SAN SIMEON DR PO BOX 335 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 TALENT,OR 97540 009-702-368 009-711-449 009-708-440 ELLIS RAYMOND C ROCHFO KEN BRADLEY JANET A 2601 S CHEROKEE WAY 24 Q L VISTA PL VERNON 122 CAMARILLO ST PALM SPRINGS,CA 92264 1 3X PALM SPRINGS,CA 92264 009-601-175 009-602-319 681-160-017 SOUTHRIDGE PROPERTY OWNERS ELLIS RAYMOND C USA 681 ASSN 2601 S CHEROKEE WAY 3333 E PALM CANYON DR PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-721-264 009-705-891 009-705-892 ESCALANTE RODOLFO GERVAIS CLAYTON POTTER DONALD 196 MERCURY ST 8 VENUS ST 64 VENUS ST PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 009-602-887 681-070-013 009-702-373 HORIZON TRAILER VILLAGE INC USA 681 KRALL MARJORIE HICKS 3575 E PALM CANYON DR 3575 E PALM CANYON DR 178 VEGA ST PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 009-704-465 009-704-567 009-715-847 KOSAK BARBARA J BIRCH EDITH D MANNIX JR JOHN C 500 E AMADO RD 223 20 JUPITER ST 300 JUNIPER DR PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 681-070-024 009-612-041 009-612-177 USA 681 RAMONA SVGS&LOAN ASSOC RAMONA MS&LOAN ASSOC PO BOX 2245 5316 E QA- PMAN AVE K,m 5316 E C� MAN AVE PALM SPRINGS,CA 92263 ORANGE,CA 92869 ORAI6E,CA 92869 009-612-100 s d-Cm 009-613-675 RAMONA S-VGS&LOAN ASSOC M&R PARTNERSHIP 5316 E.04APMAN AVE 510 RAINIER AVE S ORANGE,CA 92869 SEATTLE,WA 98144 ��