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HomeMy WebLinkAbout2006-05-03 STAFF REPORTS 1F SLovAK BARON&ENVEYLLP A T T O R N E Y S A T L A W THOMAS S.SLOVAK ORANGE COUNTY OFFICE DAVIDL BARON 1800 E.TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262 550TOWN CENTER DRIVE,SUITE 1400 MANDE LMPLY PHONE(760)322-2275 FAX(760)322-2107 COSTA MESA,CALIFRONIA 92626 JASON D DAEAREINER PHONE(714)435-9591 FAX(714)850.9011 PETER M.3CCHNIlWcn BRIAN E.WHITLEY CHARLES L.GALLAUHER VINCENT R.WHIT1 AKER BRENTS.CLEMMEK SUSAN W AUSMAN MAUREEN F CUINAN SHAUN M,MURPHY LUCIEN A.VAN HULLE May 3, 2006 MYRON MEYERS,P.C. 11 DEAL WELLS III Hand Delivered Tom Wilson Assistant City Manager 3200 E. Tahquitz Canyon Way Patin Springs, CA 92263 Re: Council Agenda Item I.F. K. Hovnanian's Four Seasons at Palm Springs— TTM 31525 Case No. 5.0866-13 Dear Mr. Wilson: As you know, the above project comes before the City Council for approval of Tentative Tract Map 31525. This is the second and final map under PD 267. The applicant and our client, K. Hovnanian's Four Seasons at Palm Springs ("Hovnanian") would again like to thank the City's staff and officials in Planning and Public Works for their efforts in this project. We look forward to the City Council this evening and to Staff s recommendation of approval of TM 31525 subject to the Agreement as to Park Land Dedication and revised Conditions of Approval. As you also know, following the December 14, 2005, Planning Commission hearing approving Conditions of Approval for TTM 31525, Hovnanian objected to several of the Conditions of Approval. All of those issues were satisfactorily resolved with the exception of two. Those conditions remain in the Conditions of Approval that were presented by Staff at the City Council meeting on April 19, 2006, and may remain in the Conditions of Approval to be presented this evening (as we have not been provided a copy in advance). Condition #7 requires Hovnanian to dedicate land or pay an in-lieu fee for park purposes pursuant to the Quimby Ordinance. On top of that, Engineering Condition#40 requires this developer to dedicate 7 of 23.9 acres or about 29% of this map for park purposes—without compensation. While Hovnanian has no objection to dedication or payment of fees pursuant to \\Sbe-law\dela\BusDept\Hovnanian\Wilson Letter 5.106.doc Tom Wilson May 3, 2006 Page 2 and subject to the limits of the Quimby Ordinance, the combined effect of Condition Nos. 7 and 40 are excessive, unfair and beyond the lawful authority of the City. Because there is a park site designated on the General Plan, the developer in this case would be required by the Quimby Ordinance to dedicate land for a park rather than contributing an in-lieu fee, unless the City determined that it was not in the City's best interest to do so. Basically, the Quimby calculation for this acreage would yield a dedication of around 0.72 acres. This is based on 70 Dwelling Units x Occupancy Factor of 2.05 x Required Park to Resident Ratio of 0.005. In this case, however, the City is calling for nearly 10 times the required dedication—AND, as stated in Condition 97, requiring a Quimby dedication or payment in-lieu fee. As you know, it is Hovnanian's desire to effect a mutually satisfactory resolution of all issues. Iu that context, we would like you, prior to our next meeting, to consider the following: 1. Settled constitutional law prohibits the City from requiring the dedication of any land in excess of that needed to mitigate the impact created by new development and then only after the City has made an individualized determination that the amount of the exaction is roughly proportional to the impact created. This is based on Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Because the dedication is being required by the City in connection with tentative map approval, the dedication is subject to the limits of the Subdivision Map Act and particularly the Quimby Act. The limits established pursuant to the Quimby Act are designed to keep the dedication or fees within constitutionally imposed limits by establishing a reasonable relationship between the approval sought and the dedication or exaction required. The City has no authority to exceed these limits. Doing so results in a taking of private property without just compensation. In California, moreover, it may result in an unlawful tax in violation of Proposition 13. The City's Quimby Ordinance and Government Code § 66477 are clear—the land dedicated, the fee paid, or a combination of both, may not exceed the requirements of the Quimby Ordinance. There must be a reasonable relationship between the amount of the dedication and the use of the park and recreational facilities by the future inhabitants of the development. Govt Code §66477(a)(5) (emphasis added). Again, the Quimby Ordinance sets the reasonable relationship in this case at 0.72 acres—not 7.0 acres. In fact, to the extent that the City deems the dedication in this case to be retroactively connected to prior approved tentative maps 30054 and 30058, the amount of required parkland actually required for TM 31525 is less than that required by the City's Quimby Act ordinance because buyers will have access to approximately 6.5 acres of recreational facilities and open space in the adjoining Hovnanian Four ' Seasons tracts. Nonetheless, Hovnanian will provide the amount required by the ordinance--or pay the in-lieu fee--but only if that represents the extent of the City's demand for parkland. 2. It has been suggested that the dedication of 7.0 acres is somehow connected to or required as a condition of prior tract maps under PD 267. It is our understanding \\Sbe-law\data\BusDept\Hovnanian\Wilson Letter 5.3.06.doe Tom Wilson May 3, 2006 Page 3 that the City has determined this not to be case, and specifically that Hovnanian received no density or other credit in prior maps in anticipation of park land dedication in TM 31525. It is our further understanding that Staff now understands that the Park Site Plan Submitted by Hovnanian in approximately the summer of 2005 was submitted in connection with a revised TM 31525 that contained a substantial density bonus creating 99 residential lots rather than the current number of 70 units. Nonetheless, it has previously been suggested that there may have been a verbal agreement to the same effect. As you know, Hovnanian disputes the existence of such an agreement and the City has neither discovered nor produced any evidence of such an agreement. Hovnanian has also confirmed with its predecessor, the Burnett Company, that there was no such agreement and that the park dedication requirement was not an issue prior to TM 31525. In any case, the statute of frauds would apply to bar enforcement of the same. In sum, there is no documentation of any agreement or requirement to dedicate 7.0 acres in connection with the two maps in PD 267 or the single map in PD 269. Moreover, a verbal understanding of this nature, even if it existed, would certainly not be binding on this developer. The 7.0 acre dedication requirement is far in excess of Quimby limits, would result in a, taking without just compensation and an unlawful tax. There is no lawful basis to require Hovnanian to dedicate 7.0 acres in connection with TTM 31525. Hovnanian again asks the City and the City Council to remove Engineering Condition No. 40 and to require only so much dedication or fee in-lieu thereof as is provided under the Quimby Ordinance and §66477. Hovnanian will continue to request that of Staff and the City, but understands that this may not be accomplished this evening. With that said, Hovnanian will proceed with the Conditions of Approval modified to reflect the agreement of the parties as to continued negotiation on Condition No. 7 and Engineering Condition No. 40 pursuant to the Agreement as to Park Land Dedication — TM 31525 which has been signed by cur client and delivered to you for presentation to the City Council for approval. We look forward to the opportunity to come to a correct and fair resolution of this matter with Hovnanian receiving an approved Tentative Map 31525 and moving forward with its development. We also intend to encourage the Mayor and the City Council to reconsider whether a park in this location continues to be in the public interest. Thank you for your continued consideration Respectfidly SLO PEY, LLP D ar cc: Damon Gascon (hand delivered) Douglas Holland (hand delivered) \\Sbe-law\data\BusDept\Hovnanian\Wilson Letter 5.3.06.doc FQALMSA �2 V N + h Oq<1FO It CITY COUNCIL STAFF REPORT DATE: MAY 3, 2006 PUBLIC HEARING SUBJECT: FOUR SEASONS TENTATIVE TRACT MAP 31525, SUBDIVIDING AN APPROXIMATELY 23.9-ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS, ALONG WITH THE DEDICATION OF AN APPROXIMATELY SEVEN-ACRE PARCEL FOR PARK PURPOSES FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On April 19, 2006, the City Council continued action on the above request and directed staff to present additional information regarding the history of the project, especially as regards dedication of the park site. As of the writing of this report, staff continues to research the files; we will present the results of our work at the meeting. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE- FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATELY 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND WHITEWATER WASH, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL INCLUDED AS EXHIBIT A, ZONE PD-267, SECTION 36." STAFF ANALYSIS: At this time, staff has no reason to amend our earlier recommendation, as described in the attached staff report, dated April 19, 2006. Item No. 1 . F. City Council Staff Report May 3, 2006 -- Page 2 TTM 31525 FISCAL IMPACT: Finance Director Review: No fiscal impact. C:rwQKY-Wing AI� Thomas Wils Assistant City Manager Director of PIL 'ifig ervices David H. Ready, CAy, a ager Attachments: 1. City Council Staff Report and exhibits (April 19, 2006) FQJXLMS,0 A. -�'. City of Palm Springs u rn Office of the City Cleric 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 RPORPiEO, C �P</PORN Tel: (760) 323-3204 • Pax: p60)322-8332 • Web: www.ci.palm-springs ca.us 'q NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of April 19, 2006, Public Hearing Item No. I.A. FOUR SEASONS TENTATIVE TRACT MAP 31525, APPLICATION BY K. HOVNANIAN COMPANIES, SUBDIVIDING AN APPROXIMATE 23.9 ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS AND DEDICATED PARKLAND No persons came forth to provide public testimony; therefore, by a unanimously vote of the City Council the public hearing was continued to 6:00 p.m., May 3, 2006, Council Chamber, 3200 Tahquitz Canyon Way I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5:30 p.m., April 20, 2006, as required by established policies and procedures. /)Les Thompson City Clerk �e H:\USERS\C-CLK\Agenda Preparation\2006\04-05\NOTICE OF CONT- FourSeasons cont to 04-05-06.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 I 00f �2 c V N PAM c CITY COUNCIL STAFF REPORT DATE: .] PUBLIC HEARING SUBJECT: FOUR SEASONS TENTATIVE TRACT MAP 31525, SUBDIVIDING AN APPROXIMATELY 23.9-ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS, ALONG WITH THE DEDICATION OF AN APPROXIMATELY SEVEN-ACRE PARCEL FOR PARK PURPOSES FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed subdivision for the third and final phase of the K. Hovnanian Companies' Four Seasons development, along with the environmental assessment and negative declaration for the project. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE- FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATELY 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND WHITEWATER WASH, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL INCLUDED AS EXHIBIT A, ZONE PD-267, SECTION 36." STAFF ANALYSIS: On December 14, 2005, the project was reviewed by the Planning Commission which adopted a favorable recommendation to the City Council (by a vote of 5-0-2 absent). City Council Staff Report J••re'•0"@%6 -- Page 2 TTM 31525 Two other subdivisions have been approved as part of the larger Four Seasons Planned Development: • On December 18, 2002, the City Council approved TTM 30058 (PD #269). • On January 15, 2003, the Council approved TTM 30054 (PD #267). The present request is a northerly portion of PD #267, and is the second subdivision phase. The proposed project utilizes standards from Planned Development District 267. The project is designed with smaller lot sizes and will be offered to older adults who have a need for less yard space. The smallest proposed lot size is 6,035 square feet; the largest lot is 12,094 square feet. The average lot size is 7,457 square feet, with a median lot size of approximately 7,234 square feet. Home sizes ranges from 2,714 square feet to 3,261 square feet, based on maximum lot coverage of 45 percent; all homes will be one story. Table 1: Comparison of PD-267 development standards and proposed development PD-267 Standards Proposed Development Lot Area (Minimum) Based on Lot Coverage Based on Lot Coverage Lot Width Based on Lot Coverage Based on Lot Coverage Front Yard 5 Feet 5 Feet 20 Feet (Front-Facing Gar.) 20 Feet (Front-Facing Gar.) Side Yard 5 Feet 5 Feet Rear Yard 15 Feet 15 Feet Lot Coverage 45 Percent 45 Percent Building Height 24 Feet 1-Story 2-Stories 525% of Units) Density per Gross Acre 4 DU /Ac. per Gen'[ Plan 2.9 DU /Ac. (Includes Park) A more detailed analysis can be seen in the attached Planning Commission Staff Report dated December 14, 2005. Findings in support of approving the proposed subdivision are included in the attached draft resolution of approval. Pursuant to the California Environmental Quality Act, an Initial Study was conducted for the proposed project. That study concluded that with the incorporation of proposed mitigation measures, any potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and that a Mitigated Negative Declaration can be adopted for the project. The mitigation measures are included in the conditions of approval attached as Exhibit A to the draft resolution of approval. FISCAL IMPACT: Finance Director Review: No fiscal impact. Y a:� City Council Staff Report jem nO)Mi!`089 -- Page 3 TTM 31525 rai�r .�Fwing AfC�P Thomas Wils Assistant City Manager Dire of Planni Services David H. Ready, City I qf alter Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Reduced Tentative Tract Map 4. Planning Commission Staff report 12/14/05 5. Planning Commission Minutes dated 12/14/05 (Excerpts) 6. Copy of Initial Study and Mitigated Negative Declaration Department of Planning Services W + E Vicinity Map �tllbTµT w co Legend UD SAN RAFAEL R CITY OF PALM SPRINGS CASE NO: TTM 31525 DESCRIPTION: Application by K. Hovnanian Companies for Tentative Tract Map 31525 to subdivide approximately 23.9 APPLICANT: FOUR SEASONS AT acres into 70 single-family residential lots, two water quality PALM SPRINGS lots, and one seven-acre park. ii 0111'y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATELY 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND WHITEWATER WASH, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL INCLUDED AS EXHIBIT A, ZONE PD-267, SECTION 36. WHEREAS, K. Hovnanian (the "Applicant') has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 31525; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31525 was given in accordance with applicable law; and WHEREAS, on December 14, 2005, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission carefully reviewed and considered all of the Evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and. WHEREAS, the Planning Commission determined that the appropriate findings could be made, and recommended that the City Council approve the project, approve .the Environmental Assessment, and adopt the draft mitigated negative declaration; and Resolution No. Page 2 WHEREAS, Tentative Tract Map 31525 is subject to the approval of the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 31525 was given in accordance with applicable law; and WHEREAS, on January 18, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: ;iection 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 and therefore adopts a Mitigated Negative Declaration for the project. 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. Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map, consisting of 70 single family residential dwelling units on approximately 23.9 acres of land, is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the L-4 Low Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. The dedication of park land will also serve to implement Residential Land Use Objective 3.3c (development of park facilities related to residential areas). The location of the park adjacent to Sunrise Way, and the reliance on one-story , homes will preserve a viewshed north across White Water Wash, and implement Land Use Policy 3.3.3 (preservation of scenic viewsheds), and the transfer of density from the park area to the rest of the project is consistent with Land Use )" Resolution No. Page 3 Policy 3.3.4 (density transfer in conjunction with open space), reasonably preserving the opportunity to develop the property taken as a whole to the extent allowed pursuant to the adopted plans and policies of the City. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project is consistent with existing development in the immediate vicinity of the proposed project. Specifically, the project density is similar to the existing single story residences and mobile home park located to the south and the existing two-story multi-family residential development located to the southwest of the property. C. The site is physically suited for this type of development. The project site is level and each lot contains adequate developable building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. City zoning criteria for the Planned Development District 267 zone encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. The land is required to develop as an integrated unit, conforming to density and all other property development standards, except that lot area, lot dimensions, and yards may be modified to allow "cluster' and "row" housing provided the overall development equals the general quality of development in this zone. The proposed project will allow for a housing opportunity which provides common open space amenities, private street and smaller lot sizes. This project is the third phase of a resort community type of housing product and will provide needed housing product within the community. The General Plan Designation of L-4 establishes a threshold density of 3 dwelling units per acre and a maximum of 4 dwelling units per acre. The proposed density of approximately 3 dwelling units per acre is within the allowable range of density. Thus, the site is physically suited for the proposed number of lots, and the density of the subdivision is consistent with the General Plan. The proposed project incorporates a more creative approach in the development of land, utilizing reductions in lot area, lot dimensions, and yards, and inclusion of more usable open space areas, consistent with the provisions of the zoning ordinance, thereby preserving the opportunity to develop the subdivision in a manner consistent with the City's General Plan. C Resolution No. Page 4 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that the project is adjacent to existing developments to the west and south. Through the implementation of the proposed mitigation measures, any environmental impacts regarding animal or plant life will be reduced to a level of less than significant. There are no bodies of water on the subject property and therefore no fish will be disturbed. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects home sites while providing two water quality basins, and a street system consistent with City standards. gi. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property. Although the property includes some easements, the proposed design of the subdivision accommodates these easements. Section 3. The proposed project is in substantial conformance with the Planned Development District (Case No 5.0866 - PD-267). Section 4. The City Council adopts the Mitigated Negative Declaration for Tentative Tract Map 31525, and directs staff to file the associated Notice of Determination. :iection 5. The City Council approves Case Number 5.0866-B Tentative Tract Map 31525. ADOPTED this 18t" day of January, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk i I Resolution No. Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A Case No. 5.0866-B Tentative Tract Map 31525 K. Hovnanian Four Seasons East Side of Sunrise Way North, between San Rafael Drive and White Water Wash CONDITIONS OF APPROVAL December 14, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 11. 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 5.0866-B Tentative Tract Map 31525. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2 Conditions of Approval Case No.5.0866-13,Tentative Tract Map 31525 Page 2 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid i. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted if required. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. In the event the applicant dedicates to the City and the City accepts the area designated on the �'L�snr Conditions of Approval Case No.5 0866-13,Tentative Tract Map 31525 Page 3 map as Lot A, the applicant's obligation to pay a fee for parkland improvements as otherwise provided in this Condition No. 7. Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM IV-1 Suitable candidate site(s) totaling a minimum of five acres in size will be identified by a qualified biologist, in coordination with the project applicant, the City of Palm Springs, and the Coachella Valley Mountains Conservancy. The site will be purchased by the applicant and donated to the Conservancy for preservation in perpetuity. Preservation will be ensured by the dedication of a conservation easement or other appropriate mechanism. (Biological Resources) • MM V-1 Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. (Cultural Resources) • MM V-3 In the event that cultural resources are located during grading, construction activities must be halted in the vicinity of the find and BIA Regional Archaeologies and project archaeologist shall be notified. Work should not proceed in the area of the find, but rather be redirected if possible, until a qualified archaeologist has been consulted to determine the significance of the find. The City of Palm Springs General Plan Historic element policy 5b/16 includes the requirement "...if archaeological resources are uncovered during grading for any project within the planning area, the building contractor shall stop grading immediately. The contractor shall notify the City and shall summon a qualified archaeologist to determine the significance of uncovered resources and specify appropriate mitigation." (Cultural Resources) • MM V-4 Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and Y)s Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 Page 4 one copy to the City Planning and Zoning Department prior to approval of final maps. e MM V-5 In the unlikely event that human remains are encountered during the project, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary finding as to origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Specified actions must be taken immediately upon the discovery of human remains: (1) Stop immediately and contact the County Coroner; (2) The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Commission; (3) The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American; (4) The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity of the human remains and grave goods; (5) If the descendent does not make recommendations within 24 hours, the owner shall re-inter the remains in an area of the property secure from further disturbance, or if the owner does not accept the descendant's recommendations, the owner of the descendent may request mediation by the Native American Heritage Commission. (Cultural Resources) • MM XI-1 All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with property operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Planning Director. (Noise) • MM XI-2 Stockpiling and/or vehicle staging areas shall be located on-site and as far as practical from sensitive noise receptors, i.e., residential areas. This requirement shall be included in the contractor specifications and shall be verified by the Planning Director. (Noise) • MM XV-1 For long-range future conditions (year 2020), a traffic signal is estimated to be warranted at the intersection of Sunrise Way and Conditions of Approval Case No 5.0866-B,Tentative Tract Map 31525 Page 5 Four Seasons Boulevard. Since the traffic signal is warranted after the completion of the project buildout year (2007), the project applicant will deposit the total cost of the traffic signal with the City of Palm Springs for use when the traffic signal is warranted. (Transportation/Traffic) 9. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CIC&R's 10. The applicant shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&Rs") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded with the County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Director of Planning Services after recordation. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11. The costs for City Attorney review of the CC&Rs shall be borne by the applicant. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500.00, towards the cost of the review of the CC&Rs. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design '12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. '13. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site Conditions of Approval Case No. 5.0866-B,Tentative Tract Map 31525 Page 6 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 tentative tract map. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 15. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements '16. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. '17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully, restored or landscaped. Conditions of Approval Case No.5.0866-13,Tentative Tract Map 31525 Page 7 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 2.1. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 2:2. 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. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 24 California Building Standards Code of the California Code of Regulations. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 27. 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. 28. No more than 70 single family dwelling units shall be developed "within the subdivision. 1Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. Conditions of Approval Case No 5.0866-13,Tentative Tract Map 31525 Page 8 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 Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. NORTH SUNRISE WAY 9i. Dedicate additional right-of-way as necessary to construct the Sunrise Parkway, along project/tract frontage associated with Tentative Tract Map 31848, the "Palm Springs Village", as required by the City Engineer. 4. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire project/tract frontage. The construction shall be made with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Easements shall be granted for the portions of the bicycle path that leave the public right-of- way. 5. The applicant shall deposit its fair share of the cost to construct its portion of the Sunrise Parkway across the project/tract frontage of the development by others. The applicant shall submit an Engineer's Estimate of the cost of its fair share of the construction of the Sunrise Parkway for review and approval by the City Engineer, which shall be deposited with the City prior to approval of a final map. ON-SITE PRIVATE STREETS 6. Dedicate easements extending over the private streets for sewer and public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel. 7. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul-de-sac bulb. 8. Construct all street "knuckles" in accordance with City of Palm Springs Standard Drawing No. 104. fa. Construct 6 inch curb and gutter, 18 feet on each side of centerline along all on site street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 Page 9 10. Construct a 6 feet wide cross gutter and spandrels at all intersections (where required) with a flow line parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 112. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire on-site street frontages in accordance with City of Palm Springs Standard Drawing No. 210. 113. Construct Type A curb ramps meeting current California State Accessibility standards at all on-site street intersections in accordance with City of Palm Springs Standard Drawing No. 212, as required by the City Engineer. 114. Construct Type B curb ramps meeting current California State Accessibility standards across from all cul-de-sac intersections in accordance with City of Palm Springs Standard Drawing No. 213. Alternatively, driveway approaches may be located opposite cul-de-sac intersections. 15. Construct a minimum pavement section of 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all paved areas in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. :iANITARY SEWER '16. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. '17. Construct 8 inch V.C.P. sewer mains within all on-site streets and connect to the existing 8" sewer main located within the Sunny Springs Way and Fan Palm Way. '18. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. Conditions of Approval Case No 5.0866-B,Tentative Tract Map 31525 Page 10 19. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. GRADING 20. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. 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 Department with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of a current Title Report; a copy of the 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 adjacent 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 approval of a Grading Plan. 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 7,�Qv� Conditions of Approval Case No. 5.0866-B,Tentative Tract Map 31525 Page 11 ($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 Building Department and to the Engineering Division prior to approval of the Grading Plan. 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, as described in the Preliminary Hydrology Report for Tentative Tract No. 31525, prepared by MSA Consulting, Inc., dated September 12, 2005, Final retention basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in the Hydrology Report for Tentative Tract Map 31525. 27. The applicant shall install a drywell, or series of drywells, or alternate solution, within the retention basins proposed at the southeast corner of the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2- year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be . given the right, in the interest of the publics health, safety, and welfare, to order Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 Page 12 the removal and replacement of drywell(s) in the event the HOA is non- responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 2'8. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 2',9. The applicant shall be responsible for construction of all required drainage improvements, including but not limited to catch basins and storm drain lines, for drainage of on-site streets into the on-site retention basins, as described in the final Hydrology Report for Tentative Tract Map 31525. 30. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 31. 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 applicant 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. 32. All proposed utility lines shall be installed underground. 33. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the property shall be installed underground. A detailed plan approved by . the owner(s) of the affected utilities depicting all above ground facilities in the � )6� ! Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 Page 13 area of the project to be undergrounded, shall be submitted to the Engineering Division prior to issuance of any building permit. Undergrounding of applicable overhead utility lines shall occur in two phases: Phase 1 shall consist of undergrounding overhead utilites within the residential portion of the site; and Phase 2 shall consist of undergrounding overhead utilities within the dedicated park site. All undergrounding of overhead utilites shall be completed prior to Issuance of any Certificate of Occupancy in the final construction phase, or final eight residences, whichever is more. 3,4. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 35. 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. 36. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 37. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 38. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 39. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 40. The applicant shall grant all rights, title and interest in Lot "G" to the City of Palm Springs on the final map, free of any covenants, conditions or. lv j�� Conditions of Approval Case No.5 0866-B,Tentative Tract Map 31525 Page 14 41. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 42. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 43. Based on the traffic study submitted by Urban Crossroads (dated February 8, 2005), the following mitigation measures will be required: a. Install a 24 inch stop sign, stop bar, and "STOP" legend at the on-site private intersections along Savanna Trail at Sunny Springs Way and Fan Palm Way in accordance with City of Palm Springs Standard Drawing Nos. 620-625. b. Payment of applicant's fair share of 100% of the cost to install a traffic signal at the Sunrise Way and Four Seasons Boulevard intersection. The applicant shall deposit $150,000 to the City for installation of the traffic signal in the future, when warranted, as determined by the City Engineer. The deposit shall be made prior to approval of a final map c. Payment of applicant's fair share of 12.8% of the total cost to install a traffic signal at the Indian Canyon Drive and Sunrise Parkway intersection. The applicant shall deposit $19,200 to the City for installation of the traffic signal by others. The deposit shall be made prior to approval of a final map. 44. A minimum of 48 inches of clearance shall be provided on proposed sidewalks for handicap accessibility. Conditions of Approval Case No. 5.0866-B,Tentative Tract Map 31525 Page 15 4.5. All damaged, destroyed, or modified traffic control devices, pavement legends, or striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 46. Install a street name sign at each intersection of the on-site private streets in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 47, 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. 48. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Construction Requirements: All Construction shall be in accordance with the 1998 California Fire Code, the 1997 Uniform Building Code, City of Palm Springs Engineering requirements, City of Palm Springs Fire Protection Plan, Vol II, City of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA Standards plus UL and CSFM listings. 2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de- sacs shall be constructed in accordance with the 1998 California Fire Code, Article 9, City of Palm Springs engineering standards, 1997 California Building Code, and Palm Springs Ordinance 1570. Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 F'age 16 3. Fire Department Access: Minimum Fire Lane width shall be 20' unobstructed per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than 14'6". 4. Emergency access Gate Width: Minimum gate width shall be 14' unobstructed. 5. Second Fire Apparatus Access Gate: Provide Fire Department access gate at East end of project. 6. Construction Site Fencing Required: Construction site fencing required for new construction over 5,000 SF. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows or until the Fire Marshall deems necessary. Provide 14' wide access gates equipped with changeable chains and locks. 7. Construction Site Guard: Construction site guard required for new construction over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on duty 24 hours a day, 7 days per week, as determined by the fire marshal. 8. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de- sac streets shall be at least 43' from centerline, inside turning radius required is 30' from centerline per the 1998 California Fire Code, Article 9 and City of Palm Springs Ordinance 1570. 9. Complex Gate Locking Devices: Complex gate(s)) shall be equipped with a KNOX locking device per the 1998 California Fire Code. Contact this office for a KNOX application form as soon as possible. 10. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be installed per NFPA standards, plus 1998 California Fire Code and DWA standards. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants and standpipes or combinations thereof located as directed by this office, but not later than the time when combustible materials are delivered to the construction site. 11. Water Agency Construction Specifications: All water mains, fire hydrants and devices shall be installed in accordance with Desert Water Agency specifications and standards. 12. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. 11 and City of Palm Springs Ordinance 1570. Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525 Page 17 13. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per NFPA 13 and 13D (Modified) by a state licensed C-16 Fire Sprinkler Contractor. 14. Further Comments: Further comments as conditions warrant. END OF CONDITIONS i QALM Sp4 .y V N Planning Commission Staff Report Date: December 14, 2005 Case No.: 5.0866-B, TTM 31525 Application Type: Tentative Tract Map 31525 to subdivide a 23.9-acre parcel into 70 single-family residential lots and two lots, along with dedication of seven acres for park purposes, applying Planned Development District 267 development standards to the development Location: East side of relocated Sunrise Way, north of old Sunrise Way extension, between San Rafael Drive and Whitewater Wash. Section 36 Applicant: K. Hovnanian Companies Zone: Planned Development District 267 (Four Seasons) General Plan: L4 Low Density Residential (4 Dwelling Units per Acre) and LSR Large Scale Resort ,4,PN: 669-460-005, 669-70-030, 669-470-031 From: Craig A. Ewing, AICP, Director of Planning Services Project Planner Bernard Chase, Contract Planner PROJECT DESCRIPTION An application by the K. Hovnanian Companies for Tentative Tract Map 31525 to subdivide an approximately 23.9-acre parcel into 70 single-family residential lots and two water quality lots, along with the dedication of an approximately seven-acre parcel for park purposes. The previously approved Planned Development District 267 development standards would be applied to this proposal. Planning Commission Staff Report December 14,2005 5.0866-B Hovnanian Four Seasons TrM 31525 Page 2 of 7 The proposed subdivision will occupy a triangular portion on the easterly two-thirds of the property. Another triangular portion along the east side of Sunrise Way will be dedicated for park purposes. RECOMMENDATION That the Planning Commission recommend the approval and adoption of the Draft Mitigated Negative Declaration for Tentative Tract Map 31525, a proposal for the subdivision of an approximately 23.9-acre parcel into 70 single-family residential lots ranging in size from 6,035 to 12,094 square feet; two lettered lots, and a seven-acre park site. PRIOR ACTIONS TAKEN ON THE PROJECT Two other subdivisions have been approved as part of the larger Four Seasons Planned Development: • On December 18, 2002, the City Council approved TTM 30058 (PD #269). • On January 15, 2003, the Council approved TTM 30054 (PD #267). The present request is a northerly portion of PD #267, and is the second subdivision phase. BACKGROUND AND SETTING The proposed subdivision and the two existing subdivisions, TTM 30054 and TTM 30058 flank the north end of Sunrise Way, and consist of gated community features. TTM 30054 has been recorded, constructed, and sold to homeowners. TTM 30058, on the west side of Sunrise Way, is various stages of construction. The proposed :subdivision will share access with TTM 30054 from Sunrise Way. The subject site is currently open desert that drains northeasterly toward White Water Wash. The proposed subdivision continues the pattern of the earlier maps, and introduces two on- site retention basins at the east end of the project. l-able 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Whitewater Wash C Conservation W (Watercourse) East Whitewater Wash C Conservation W (Watercourse) South Four Seasons L4 Low Density PD-267 Resort Residential Residential West Four Seasons L4 Low Density R-1-C (Single- Resort Residential Residential Family Residential), PD-116 A, PD-219, PD-269 Planning Commission Staff Report December 14.2005 5.0866-D Hovnanian Four Seasons TTM 31525 Page 3 of 7 ANALYSIS The proposed project utilizes standards from Planned Development District 267. The project is designed with smaller lot sizes and will be offered to older adults who have a need for less yard space. The smallest proposed lot size is 6,035 square feet; the largest lot is 12,094 square feet. The average lot size is 7,457 square feet, with a median lot size of approximately 7,234 square feet. Home sizes ranges from 2,714 square feet to 3,261 square feet, based on maximum lot coverage of 45 percent; all homes will be one story. Table 2: Comparison of PD-267 development standards and proposed development: PD-267 Standards Proposed Development Lot Area (Minimum) Based on Lot Coverage Based on Lot Coverage Lot Width Based on Lot Coverage Based on Lot Coverage Front Yard 5 Feet 5 Feet 20 Feet to Garage Front 20 Feet to Garage Front Side Yard 5 Feet 5 Feet Rear Yard 15 Feet 15 Feet Lot Coverage 45 Percent 45 Percent Building Height 24 Feet 1-Story 2-Stories <25% of Units Density (per Gross Acre 4 DU /Ac. er Gen'I Plan 2.9 DU /Ac. Includes Park REQUIRED FINDINGS As a development project, findings are required pursuant to the California Environmental Quality Act (CEQA). The environmental Initial Study concluded that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and that a Mitigated Negative Declaration can be adopted for the project. The draft resolution of approval includes such a finding. Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings, and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the L-4 Low Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject ;site. The dedication of park land will also serve to implement Residential and Use Objective 3.3c (development of park facilities related to residential areas). The Planning Commission Staff Report December 14,2005 5.0866-B Hovnanian Four Seasons TTM 31525 Page 4 of 7 location of the park adjacent to Sunrise Way, and the reliance on one-story homes will preserve a viewshed north across White Water Wash, and implement Land Use Policy 3.3.3 (preservation of scenic viewsheds), and the transfer of density from the park area to the rest of the project is consistent with Land Use Policy 3.3.4 (density transfer in conjunction with open space). b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project is consistent with existing development in the immediate vicinity of the proposed project. Specifically, the project density is similar to or lower than the existing single story residences and mobile home park located to the south and the existing two-story multi family residential development located to the southwest of the property. C. The site is physically suited for this type of development. The project site is level and each lot contains adequate developable building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. City zoning criteria for the Planned Development District 267 zone encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. The land is required to develop as an integrated unit, conforming to density and all other property development standards, except that lot area, lot dimensions, and yards may be modified to allow "cluster" and "row" housing provided the overall development equals the general quality of development in this zone. The proposed project will allow for a housing opportunity which provides common open space amenities, private street and smaller lot sizes. This project is the third phase of a resort community type of housing product and will provide needed housing product within the community. The General Plan Designation of L-4 establishes a threshold density of 3 dwelling units per acre and a maximum of 4 dwelling units per acre. The proposed density of approximately 3 dwelling units per acre is within the allowable range of density. Thus, the site is physically suited for the proposed number of lots, and the density of the subdivision is consistent with the General Plan. The proposed project incorporates a more creative approach in the development of land and allows for more usable open space areas, consistent with the provisions of .the. zoning ordinance. Oc° �1 Planning Commission Staff Report December 14,2005 5.0866-B Hovnanian Four Seasons TTM 31525 Page 5 of 7 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that the project is adjacent to existing developments to the west and south. Through the implementation of the proposed mitigation measures, any environmental impacts regarding animal or plant life will be reduced to a level of less than significant. There are no bodies of water on the subject property and therefore no fish will be disturbed. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects home sites while providing two water quality basins, and a street system consistent with City standards. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property. Although the property includes some easements, the proposed design of the subdivision accommodates these easements. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared and a Notice of Intent to adopt a Mitigated Negative Declaration was sent to applicable agencies and published on September 8, 2005 in the Desert Sun for a 20-day review period. The Mitigated Negative Declaration is attached to this report. The Mitigated Negative Declaration found the environmental impacts of the proposed project to be less than significant with the following mitigations: MM IV-1 Suitable candidate site(s) totaling a minimum of five acres in size will be identified by a qualified biologist, in coordination with the project applicant, the City of Palm Springs, and the Coachella Valley Mountains Conservancy. The site will be purchased by the applicant and donated to the Conservancy for preservation in perpetuity. Preservation will be ensured by the dedication of a conservation easement or other appropriate mechanism. (Biological Resources) MM V-1 Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines;shall•be' employed to survey the area for the presence of cultural resources identifiable on the ground surface. (Cultural Resources) Planning Commission Staff Report December 14,2005 5.0866-B Hovnanian Four Seasons TTM 31525 Page 6 of 7 MM V-3 In the event that cultural resources are located during grading, construction activities must be halted in the vicinity of the find and BIA Regional Archaeologies and project archaeologist shall be notified. Work should not proceed in the area of the find, but rather be redirected if possible, until a qualified archaeologist has been consulted to determine the significance of the find. The City of Palm Springs General Plan Historic element policy 5b/16 includes the requirement "...if archaeological resources are uncovered during grading for any project within the planning area, the building contractor shall stop grading immediately. The contractor shall notify the City and shall summon a qualified archaeologist to determine the significance of uncovered resources and specify appropriate mitigation." (Cultural Resources) MM V-4 Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to approval of final maps. MM V-5 In the unlikely event that human remains are encountered during the project, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary finding as to origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Specified actions must be taken immediately upon the discovery of human remains: (1) Stop immediately and contact the County Coroner; (2) The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Commission; (3) The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American; (4) The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity of the human remains and grave goods; (5) If the descendent does not make recommendations within 24 hours, the owner shall re-inter the remains in an area of the property secure from further disturbance, or if the owner does not accept the descendant's recommendations, the owner of the descendent may request mediation by the Native American Heritage Commission. (Cultural Resources) h7M XI-1 All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with property operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Planning Director. (Noise) Planning Commission Staff Report December 14,2005 5.0866-8 Hovnanian Four Seasons TTM 31525 Page 7 of 7 MM XI-2 Stockpiling and/or vehicle staging areas shall be located on-site and as far as practical from sensitive noise receptors, i.e., residential areas. This requirement shall be included in the contractor specifications and shall be verified by the Planning Director. (Noise) MM XV-1 For long-range future conditions (year 2020), a traffic signal is estimated to be warranted at the intersection of Sunrise Way and Four Seasons Boulevard. Since the traffic signal is warranted after the completion of the project buildout year (2007), the project applicant will deposit the total cost of the traffic signal with the City of Palm Springs for use when the traffic signal is warranted. (Transportation/Traffic) NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property/adjacent property owners. As of the writing of this report, staff has not received any comment. Ed and O. Robertson Principal Planner i aig,A. EW!ng, AI P Directorof Planning Services i ATTACHMENTS: 1. Vicinity Map 2. Tentative Tract Map 31525 and Elevations 3. Draft Resolution / Conditions of Approval 4. Mitigated Negative Declaration H1USER5\PLAM5.0866 4-Seasons\TTM 31525\5.0866-8 PD PC Staff Report 12 14.05[2005-1201[.doc 9J CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES December 14, 2005 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 6. Case 5.0866 B / TTM 31525 - An application by K. Hovnanian to subdivide approximately 23.9 acre parcel into 70 single-family residential lots, two water quality lots and dedication of a seven-acre park located at the east side of Sunrise Way between San Rafael Drive and South of Whitewater Wash, Zone R-1-C, Section 36. Contract Planner, Bernie Chase, gave a summary of the staff report dated December 14, 2005. tie indicated changes to the following Conditions of Approval: #5, #7, #9 and Engineering Conditions #3, #4, #5, #27, #32, #33 and#40. Senior Engineer, Marcus Fuller, gave further information regarding the Engineering conditions. Fie further stated that the developer is only required to dedicate lands toward park site development and are not required to develop the park. It is the City's responsibility. The Quimby Fees will be collected and it will be a City project to develop that park site. Discussion was made regarding the average size of lots and the front and side yard set-backs. Chair Marantz reminded the Commission that this is a continuance of an approved project. Chairwoman Marantz opened the Public Hearing. Margo Thibeault, MSA Consulting, representing K. Hovnanian, commented that this is the 3fd and final phase of the project and requested further clarification on several conditions of approval. There being no further comments, the Public Hearing was closed. Senior Engineer, Marcus Fuller, gave further information on the Engineering Conditions in question. M/S/C (Hutcheson/Shoenberger, 6-1/Roath) to adopt the Mitigated Negative Declaration and recommend approval of TTM 31525; as amended, to add "if required" to Condition #5; staff to add language to Condition #7 to clarify the Quimby Act and the Park Fee; and to add the revised Engineering Conditions, as submitted. 3 FQPLMSA ` -*'c City ®i Palm Springs _ � Office of the City Cleric * �eOeeortm[a,qs * 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 41FOR� Tel: (760)323-8204 • Pax: (760) 322-8332 • Web. www.a.palm-sprmgs.ca.us NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of February 15, 2006, Public Hearing Item No. I.F. FOUR SEASONS TENTATIVE TRACT MAP 31525 APPLICATION BY K. HOVNANIAN COMPANIES SUBDIVIDING AN APPROXIMATE 23.9 ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS ALONG WITH THE DEDICATION OF AN APPROXIMATE SEVEN-ACRE PARCEL FOR PARK PURPOSES: On January 18, 2006, the public hearing was opened, no persons came forth to provide public testimony; therefore, at the request of the applicant the public hearing was continued to 6:00 p.m., February 15, 2006, Council Chamber, City Hall, 3200 Tahquitz Canyon Way. On February 15, 2006, no persons came forth to provide public testimony; therefore, at the request of the applicant the public hearing was continued to 6:00 p.m., March 15, 2006, Council Chamber, City Hall, 3200 Tahquitz Canyon Way. I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5:30 p.m., February 16, 2006, as required by established policies and procedures. XZXJames Thompson City Clerk R USEWC-CLKWearing Notices\NOTICE OF CONT- K Hovnanian(FourSeasons) cont to 03-15-06.doc ' Post Office Box 2743 0 Palm Springs, California 92263-2743 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION OF PALM S A� F iC U cn INITIAL STUDY/MITIGATED NEGATIVE DECLARATION m RRORATEO CqC!FO RASP Project Title: Four Seasons at Palm Springs Tentative Tract 31525 Case No. TM 31525 Assessor's Parcel No. 669460005 & 669470031 Lead Agency Name and City of Palm Springs Address: 3200 E. Tahquitz Way Palm Springs, California 92262 Project Location: The project site is located in the northern portion of the City of Palm Springs, southeastern Riverside County, California. The project site is bound by the Four Seasons residential development to the south, the Coyote Run apartment complex and Sunrise Way to the west, and vacant land and the Whitewater River wash to the north and east. Project Sponsor's Name and 2465 Campus Drive Address: K Hovnanian Companies Irvine, CA 92612 General Plan Desi nations : L-4 Zoning: R-I-C Contact Person: Kevin Grant Phone Number: 760 323-8245 Date Prepared June 20D5 City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Environmental Setting and Surrounding Land Uses The project site presently consists of undeveloped desert associated with the Whitewater River flood plain. On-site elevations vary between approximately 530 and 550 feet above mean sea level (msl). Much of the ground surface within the site consists of a sand veneer with a thin layer of sand covering compacted substrate. Sand hummocks and tear-drop shaped mounds of sand have accumulated on the downwind side of shrubs and areas of low-relief. The ground surface has been disturbed throughout the site by off-road vehicle use and gravel dumping. Approximately five acres in the south-central portion of the project site has been disturbed by excavation for fill materials for the Four Seasons project site currently under construction immediately to the south of the proposed project site. The regional location and project vicinity are presented in Exhibits 1 and 2, respectively. Surrounding Land Uses: North: Whitewater River wash South: Four Seasons residential complex East: Whitewater River wash West: Palm Springs Village West Zoning Designations of Surrounding Areas: North: W (Watercourse) South: R-1-C (Single-Family Residential) East: W (Watercourse) West: P.D. 219 & P.D. 116A (Planned Development) Project Description The proposed project involves the development of the approximately 23.9 acre project site with 74 residential units and three open space landscaped lots as an active retirement community. The project also includes two lots to be used as water qualify basins. Additionally, the project applicant proposes to dedicate 6 acres in the northwestern portion of the project site to the City of Palm Springs for development of a neighborhood recreational park. The proposed project involves the approval of Tentative Tract Map No. 31525 which is described below and evaluated in the attached Initial Study. The proposed site plan is presented in Exhibit 3. The Palm Springs Zoning Code designates the site as R-1-C. As previously noted, the project site has a General Plan land use designation of L-4 (Low Density Residential, three to four units per acre). The project proposes construction of 74 residential lots on approximately 23.9 acres (six acres of which will be dedicated to the City of Palm Springs as recreational open space), resulting in a density of 3.3 dwelling units per acre. The project proposed by the applicant includes Tentative Tract Map (TTM) 31525. The TTM identifies the location of the proposed individual lots and building pads, future elevations, proposed infrastructure, and typical street sections. The proposed Tentative Tract Map consists of 74 lots ranging in size from 6,000 to 13,807 square feet. Proposed minimum setbacks include a 5-foot front setback to side entry garage, a 20-foot front setback to front entry garage, a 15-foot front setback to residence, a 5-foot side setback, and a 15-foot rear setback. The proposed project includes approximately 1 1.9 acres of residential development, 7.9 acres of landscaping/open space, 0.3 acre with detention basins, and 3.8 acres of private street. Table 1 City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Deck 2 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION provides a statistical summary of the proposed land uses, as well as development features. As shown on Table 1, the project would subdivide the project site into 74 single-family residential lots ranging in size from 6,000 to 13,807 square feet. All of the proposed homes would be single-story. As shown on Exhibit 3, access to the project site would be provided from Four Seasons Boulevard at a gated entry off of Sunrise Way. Sufficient turnaround area would be provided to allow for visitors (including delivery-type vehicles) to turn around if they are unable to enter the site. TABLE 1 LAND USE STATISTICAL SUMMARY Land'Use, , lots Minimum Setbacks:.r'" Total Acres., . Residential Single-family residential units 74 Front: 20-feet to garage 5-feet to house 5-foot side entry garage 11.9 Side: 5-feet Rear: 15-feet Streets 1 NA 3.8 Recreation/Open.Spaae,`. Open Space/Landscaped Areas° 3 NA 7.9 Water Basin Area b 2 NA 0.3 TOTAL 80 NA 23.9 a. Open space lots include one entry area and landscaped areas. b. Lots accommodate detention basins. Source:K Hovnanian,September 2004 The proposed project design incorporates five roadways through the project site with two cul- de-sacs. The streets interior to the project site would be privately maintained. Interior streets would consist of a 50-foot right-of-way with 18-foot lanes, 5-foot sidewalks, and 7-foot parkways. Project design includes the division of the site into twelve minor drainage areas that would drain to two flow-by detention basins in the southeast corner of the project site proposed to retain excess flow produced on-site by development. Storm water retained in the basins would percolate into and/or evaporate from on-site soils. During 100 year storm events, flows produced from on-site drainage areas would result in a flow rate of 38 cubic feet per second (cfs) that would drain to the flow-by detention basins. Excess flows from the detention basins would drain directly to the Whitewater River via a proposed storm drain connecting the eastern- most basin to the Whitewater River when basin capacity is exceeded. Although the project would result in an increase of 13.9 cfs, it would not result in an increase in storm flows entering the surrounding street or stormwater drainage systems. The project entry would feature monuments, enhanced street paving, stamped colored concrete, a water feature, boulders, decorative iron gates, lights, walkways, palm groves, flowering trees, shrubs, vines, and ground covers, such as decomposed granite and/or decorative concrete. Pedestrian gates would be provided at the gated entry for the proposed development. The design of the project entry would be consistent with existing development in the immediate vicinity. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Deck 3 X-v!" r: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION A 20-foot landscape easement would be provided along the west side of Sunrise Way, which would represent a continuation of the existing landscape concept for the existing Four Seasons residential complex to the south of the proposed entrance. A Class I off-street bikeway would be provided within this landscape area, as well as a meandering sidewalk a ten foot meandering sidewalk. The Sunrise Way streetscape includes turf areas, and colorful plant beds with flowering vines covering the perimeter walls. Trees would include Washingtonia palms and African sumac. Open space turf areas are located throughout the project site and would combine interconnecting walkways, desert landscape nodes, and park-like turf expanses with clustered free groves, and passive seating areas. Front yard landscaping will be installed by the home- builder. Walls and fences would be constructed by the builder to assure uniformity in design and materials. The proposed project would be an enclosed, secured community with one primary gated entry from Sunrise Way, and a secondary access to the south. A six foot high, decorative masonry wall would be constructed along the entire project perimeter. In addition to providing security, this perimeter wall would provide noise relief and blowsand attenuation along the project perimeter. A Homeowners Association (HOA) would be established for the project. It is anticipated that the following features of the project would be maintained by the HOA established under, and subject to, current state laws: private streets, common area landscaping, and the recreation area. The Homeowners Association would be responsible for maintaining the wall, including the exterior perimeter where sand and debris may accumulate. The City Attorney and Director of Planning and Building will review the proposed HOA CC&Rs (covenants, codes, and restrictions) for adequacy and completeness. The CC&Rs will outline the responsibilities of the HOA. The proposed project includes the infrastructure needed for storm drainage, sewer, wafer, and utilities (electric, gas, phone, cable, etc.) as follows: Sewer- The project site would gravity flow to a ten inch sewer line in Sunrise Way at the north entry to the Coyote Run Apartment complex. The existing line in Sunrise Way would be extended to the north during completion of the roadway improvements. Water - Water for the proposed project would be provided from connections to an existing 30 inch water main in Sunrise Way (southwestern corner of the project site). Storm Drains -The proposed storm drain system has been designed to convey stormwater from developed areas within the project site to two onsite detention basins in the southeastern portion of the project site, as shown on Exhibit 3. The depth of the flow-by basins would range from 2.5 to B feet, and would retain the excess flow produced from the site due to development. The basins would be designed to handle stormwater from a 100-year storm. The flow-by basins would drain overflow to the Whitewater River during a 100-year storm. Utility facilities proposed to serve the project would be provided by the utility service providers (Southern California Gas, Southern California Edison, and Verizon Telephone) im accordance with service application agreements to be obtained by the developer. Proposed utility facilities would be underground. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative De( (TI n 4 . <c INITIAL STUDY/MITIGATED NEGATIVE DECLARATION If is expected that grading would begin in October 2005, and would last approximately two months (preparing site for builder development). The homes would be built in six phases over an approximate one year time frame. The project site is relatively flat; however, approximately 31,000 cubic yards of earth work would be required to implement the tract design and related infrastructure. A fine particle matter (PMio) fugitive dust plan would be required by the South Coast Air Quality Management District (SCAQMD). Cut and fill would be balanced onsife and there would be no need to import or export soil. Construction staging would occur onsife. Other public agencies whose approval is required: California Department of Fish and Game Colorado River Basin Regional Water Quality Control Board Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ® Biological Resources ® Cultural Resources ❑ Geology/Soils Hazards & Hazardous El Materials ® Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ® Public Services ❑ Recreation ❑ Transportation/ Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) ,tune 2005 Initial Study/Mitigated Negative Dec[ 5 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1 .. i s] 7 T Big 41 _ Bear Lake 3 San Bernardino Project Location Desert \ Hot Springs Moreno Valley 1 All � 111 79 Perris San Jacinto "'rr' p �9 Palm Springs pp'' 79 l Temecula 7s Sara Diego' 6 Project Vicinity Exhibit 1 10 S o 10 a'� Mile s C O N S U L T I N G City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Y 9 9 Initial Stud /Miti aced Negative Declaration 6 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION V 2-1 ' 26 ilr �llll r: Wvia Iro,,. -- — — CUIIMUR.tRFi _ �OVt�APV �� y 7- - swyll Project �C IJy Site - P B.617 lr 1 J .14 p9YN�� 61.1C ljf/Jy/ J5 ?'C � :a3 -L_ J I '' I 1�'I 6`�d�reaTo r�werl. i '� ail i 6 � '' •�'.�. - � - 1A, JI 9 . . z u E1 t _ i tir A` 7 L� \\\ IFELL- -14 r .. ! I - 1 I �' u t�l l � I txi `s' �5�{ioN , r 1 II 11Y Ji ! J�Fi, < z 13 ¢ a IL . '4 a. ova IA 1 �P 4 b kit �� I � II �J-l.: I jam:..• � y I Q f ri, 70 vlsrA J _ I w o ll I�� �I-'> - . - it K. vTnr -71 �GUA JALIENTE "II A i III ^_— �? —��_" 1 E JI �I�rtF,v�� f Desed Hal prang, pua 117a;e V k-+ Ir' � FdFnn F�nc6v1 �d"'. Palm SHal Springs CalifornialflG, ' Palm Spnngs.Colllornia 198E j Project Vicinity Exhibit 2 N 2000 0 2000 feet FF P N'.S FJ 1 T I N A City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 7 1 1 � • a I Ilpl, Ir '' 1111 � •�1'�1 .�� 1 ARI tit RE!` '� �'��«� �\;/ ���''y��[' � ��►�F•, ���,• ii\ La"i^ MM CAW kill IIII(IIII ///`+ram..->�'� r►rll �6l' 11�1;; ,,� p �` �f iris. • f1la�it I �. lii' ON IWO ♦ �nWiMIROMW �Ll�1 i'.' • 'i 1. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION DETERMINATION: The City of Palm Springs Planning Department On the basis of this initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Planner's Signature Date Kevin Grant City of Palm Springs, Environmental Director 1 . City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) .June 2005 Initial Study/Mitigated Negative Deck INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Four Seasons project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of an Environmental Impact Report. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on project-specific screening analysis). 2) All answers must take into account the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative.declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference fo a . previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) .June 2005 Initial Study/Mitigated Negative Deck 1D �(lnr) INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec 11 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I. AESTHETICS Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ Eloutcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ® ❑ ❑ nighttime views in the area? Setting The project site is located in the northern portion of the City of Palm Springs. The site is currently vacant and is surrounded by vacant land to the north, east, and northwest. There is existing residential development south and west of the project site. Prominent views from the project site include the Indio Hills to the north and east, and the San Jacinto Mountains to the west and south. Views of the project site from Gene Autry Trail (Photo A) and from the existing terminus of Sunrise Way (Photo B) are presented in Exhibit 4. Discussion of Impacts a) As noted above, prominent views from the project site include the Indio Hills to the north and east, and the San Jacinto Mountains to the west. Views from second story apartments within the Coyote Run Apartment Complex would be altered slightly by project implementation, given that project residences would block views of a portion of the desert floor between the proposed project and the Indio Hills. Views of the Indio Hills from the Coyote Run Apartment Complex would not be altered by project implementation. The viewshed change for the Coyote Run Apartment Complex would not be considered a substantial adverse effect. Prominent views of the San Jacinto Mountains from Gene Autry Trail would not be altered by project implementation of the project given that the project site is presently blocked from view by the Whitewater River berm and a north/south trending Athel tree windrow. No substantial adverse effects on scenic vistas are expected with project implementation. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl 12 )( INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I _ r� View A: View from western portion of site facing north and northeast. ae aVk�ix xtt ' �. 40"44 ,:' F' View B: View from Gene Autry Drive facing west toward the project site. i Project Site SI LN v4 d I A rux.vunss" L a« airnr'u-* ns Photo Locations Viewshed Photos Exhibit 4 CONS U LTI N•G City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 13 INITIAL STUDY/MITIGATED NEGATivE DECLARATION b) The project site consists of vacant land which does not contain scenic resources. The project site is not visible from any state designated Scenic Highways. Sunrise Way and Gene Autry Trail are both designated "Scenic Corridors" by the City of Palm Springs. Scenic Corridors are streets and highways that have been designated for scenic treatment and street beautification. The proposed treatment of major streets has been determined by scenic qualities which enhance their right-of-way, their distant scenic views, and their importance as links between the proposed open space and recreation uses throughout the City. The project site can be seen from Sunrise Way and may become visible from Gene Autry Trail in the future. As mentioned in the project description, the proposed project entry on Sunrise Way would be consistent with adjacent development and landscaping would be a continuation of existing landscaping to the south. Furthermore, implementation of Standard Condition of Approval (SC 1-1) would ensure that project landscaping is consistent with that of surrounding development. No substantial effects on scenic resources and/or historic buildings on or in the vicinity of a state designated Scenic Highway would be expected to occur with project implementation. c) The project site consists of vacant land in the vicinity of existing residential development. Exhibit 4, Site Photos, shows the existing condition of the project site, as well as the view from Gene Autry Trail. As mentioned in the project description, the visual character of the proposed project would be consistent with the existing adjacent development and would include an extensive landscaping program (SC 1-1) implemented to enhance the views of the project from Sunrise Way and surrounding residential land uses. The proposed project is not expected to substantially degrade the existing visual character of the project site or vicinity. d) The project would introduce light sources, including streetlights and residential lighting, to an area previously devoid of urban lighting. The County of Riverside Board of Supervisors adopted Ordinance No. 655 with the intent "to restrict the permitted use of certain light fixtures emitting into the night sky undesirable light rays which have a detrimental effect on astronomical observation and research" (Section 1, Ordinance No. 655). This ordinance was adopted to prevent detrimental effects on night sky views from the Palomar Observatory, located within the Cleveland National Forest on Palomar Mountain in north Son Diego County. Ordinance No. 655 supports two zones which are defined as follows: Zone A is the circular area 15 miles in radius centered on Palomar Observatory and Zone B is the circular area 45 miles in radius. The City of Palm Springs, including the project site, is located within Zone B and is subject to Ordinance No. 655. All proposed street lighting would consist of downcast luminaries, shielded and oriented in a manner that would minimize light spillage or glare off of the project site. On-site lighting would comply with the City of Palm Springs lighting ordinance and County of Riverside Ordinance No. 655 for Palomar Observatory Zone B (SC 1-2). The expected intensity of night lighting would be comparable to surrounding residential land uses and would not create adverse effects on adjacent uses. MITIGATION PROGRAM Project Design Features PDF 1-1 The project entry would feature monuments, enhanced street paving, stamped colored concrete, a water feature, boulders, decorative iron gates, lights, walkways, palm groves, flowering trees, shrubs, vines, and ground covers, such as decomposed granite and/or decorative concrete. The design of the project entry would be consistent with existing development in the immediate vicinity. ' City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec' 14 (�r,� INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PDF 1-2 A 20-foot landscape easement would be provided along the west side of Sunrise Way, which would represent a continuation of the existing landscape concept for the existing Four Seasons residential complex to the south of the proposed project. A Class I off-street bikeway would be provided within this landscape area, as well as a meandering sidewalk a ten foot meandering sidewalk. The Sunrise Way streetscape includes turf areas, and colorful plant beds with flowering vines covering the perimeter walls. Trees would include native Washingtonia palms and African sumac. Standard Conditions of Approval SC 1-1 Prior to issuance of precise grading permits, the project applicant shall prepare a detailed landscaping plan for the project area, which shall be approved by the City of Palm Springs. The plan shall be certified by a licensed landscape architect and be prepared in compliance with the City of Palm Springs municipal code. SC 1-2 Prior to issuance of precise grading permits, the project applicant shall prepare a detailed lighting plan for the project area, which shall be approved by the City of Palm Springs and be consistent with County of Riverside Ordinance No, 655. The plan shall be certified by a licensed architect and be prepared in compliance with the City of Palm Springs municipal code and County of Riverside Ordinance No. 655 to minimize light spillover effects. At a minimum, the plans shall demonstrate that all exterior lighting has been designed and located so that all rays are confined to the property in a manner meeting the approval of City of Palm Springs and County or Riverside. General requirements specified in Ordinance No. 655 include the following: 1) low- sodium lamps are the preferred illuminating lighting source; 2) lamps of 4050 lumens or less are preferred, 3) all nonexempt outdoor light fixtures shall be shielded as required in Section 6 of Ordinance No. 655; 4) all nonexempt outdoor light fixtures are subject to the provisions of City of Palm Springs municipal code and County of Riverside Ordinance No. 655. Mitigation Measures There are no proposed mitigation measures applicable to aesthetics. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative De, 15 � 1r ,"l INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and El El El H Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural M use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or 11 El El M nature, could result in conversion of Farmland, to non-agricultural use? Setting The site is currently vacant and is surrounded by vacant land to the north, east, and northwest and existing residential development to the south and west. There are no agricultural operations within or in proximity to the project site. There are no designated unique or prime farmlands or farmlands of statewide or local importance on the project site or in the vicinity of the project site (Department of Conservation 2002). The project site is designated as "Other (x)" by the Department of Conservation and does not meet the criteria of any farmland category. Discussion of Impacts a) There are no agricultural uses on or within the vicinity of the project site. Implementation of the proposed project would not result in the conversion of agricultural uses to a non- agricultural use. b) As noted above, there are no agricultural uses in the vicinity of the project site and the project site is zoned for residential development. Therefore, implementation of the proposed project would not conflict with existing zoning for an agricultural use or a Williamson Act contract. No Impacts are anticipated and no mitigation is required. c) As noted above, the proposed project would convert vacant land that is zoned for residential development into residential uses. The proposed project would be consistent with adjacent land uses and would not result in changes in the existing environment that could result in the conversion of farmland to a non-agricultural use. Therefore, implementation of City of Palm Springs four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarc-"- - 16 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION the proposed project is not anticipated to result a significant impact. No mitigation is required. MITIGATION PROGRAM Project Design Features There are no proposed project design features applicable to agricultural resources. Standard Conditions of Approval There are no proposed standard conditions of approval applicable to agricultural resources. Mitigation Measures There are no proposed mitigation measures applicable to agricultural resources. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decta +,�lnr,(1 17 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Conflict with or obstruct implementation of ❑ ❑ ❑ the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ® ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air ❑ ❑ ® ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Result in significant construction-related air ❑ ❑ ® ❑ quality impacts? e) Expose sensitive receptors to substantial ❑ ❑ ® ❑ pollutant concentrations? f) Create objectionable odors affecting a ❑ ❑ ® ❑ substantial number of people? Setting California is divided by the California Air Resources Board (CARB) into air basins which share similar meteorological and topographical features. The City of Palm Springs is in the Salton Sea Air Basin (SSAB), which includes eastern Riverside and Imperial counties. The SSAB's climate and topography, high winds, and fine sandy soils are conducive to the formation of high concentrations of airborne particulate matter. Additionally, the predominantly westerly winds transport pollutants from the South Coast Air Basin (SCAB) into the SSAB. The Riverside County portion of the SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The eastern Riverside County portion of the SSAB is designated a non-attainment area for national ambient standards of ozone (Os) and PMio. Ozone is a colorless, odorless pollutant formed by a chemical reaction between volatile organic compounds (VOCs) and oxides of nitrogen (NOx) in the presence of sunlight. The primary sources of VOCs and NOx are mobile, including cars, trucks, buses, and agricultural and construction equipment; however, another major source of VOCs is evaporation from oil-based paints. PMio consists of fugitive dust caused by soil disturbances, such as construction-grading,' City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 18 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION and causes a greater health risk than larger-sized particles because these fine particles can be inhaled more easily and irritate the lungs. Air quality modeling has shown that ozone in the Coachella Valley originates in the SCAB and is transported into the SSAB by the predominantly westerly winds. The pollutant transport pathway from the SCAB to the SSAB is through the Banning Pass to the Coachella Valley. Downwind of the source region, exceedances occur later in the day as the ozone cloud is transported downwind. The SCAQMD is focusing the regulation of ozone on the SCAB. Between 1999 and 2001, the Coachella Valley exceeded the federal annual average PMio national ambient air quality standards (NAAQS). Because the Coachella Valley was unable to demonstrate attainment of the NAAQS through the 2001 attainment year, SCAQMD prepared the 2002 Coachella Valley PMio State Implementation Plan (CVSIP). The CVSIP includes control program enhancements that meet the Most Stringent Measure (MSM) requirements and a request for extension of the PMio attainment date. Jurisdictions within the Coachella Valley are required to adhere to the requirements outlined in the CVSIP, including preparation of a fugitive dust control plan prior to issuance of grading permits. Discussion of Impacts a) SCAG has determined that if a project is within the regional growth projections, regional emissions are offset by the AQMP and no mitigation is required. The project is consistent with the growth forecasts for the region, as discussed in Section XII, Population and Housing. Therefore, the project is within the growth forecasts assumed for the Regional Transportation Plan and the most recent version of the Air Quality Management Plan (AQMP). The project would not have a significant long-term air quality impact from operations and would not conflict with implementation of the AQMP. b) A project's air quality impacts can be separated into short-term impacts from construction and long-term permanent impacts from project operations. Construction impacts can include airborne dust from grading, demolition, and dirt hauling, and gaseous emissions from heavy equipment, delivery and dirt hauling trucks, employee vehicles, and paints and coatings. Long-term impacts result from project operation, including natural gas, fireplace, and motor vehicle use; however, the project would not generate new long-term traffic beyond that assumed in the City's General Plan projections CONSTRUCTION RELATED AIR QUALITY IMPACTS To determine whether emissions resulting from grading and construction of a project are significant, the SCAQMD recommends significance thresholds in its CEQA Air Quality Handbook. The City has determined that these thresholds are appropriate for the project in order to assure regional consistency and because they are based on the best available scientific information. The pollutants addressed by the SCAQMD thresholds include carbon monoxide (CO), sulfur oxides (SOx), nitrogen oxides (NOx), particulate matter (PMio), and volatile organic compounds (VOC). The daily thresholds and expected grading and construction emissions for each of the pollutants are presented in Table 2. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 19 �s INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TABLE 2 PROJECT CONSTRUCTION EMISSIONS (MAXIMUM POUNDS/DAY) CO = VOO NO sox PMio.= BEFORE MITIGATION Grading Emissions 60.52 7.12 45.79 0.00 40.00 Construction Emissions 74.98 39.67 71.09 0.05 3.17 AFTER MITIGATION Grading Emissions 60.49 7.12 45.79 0.00 8.27 Construction Emissions 74.98 39.67 71.09 0.05 0.74 Daily Thresholds 550 75 100 150 150 Source: Urbemis 2002 for Windows 7.4.2 LONG-TERM OPERATIONAL EMISSIONS The primary source of operational emissions associated with the proposed residential project would be vehicle travel to and from the project site. A comparatively negligible amount of gaseous emissions would occur from natural gas and electricity usage. TABLE 3 PROJECT OPERATIONAL EMISSIONS (MAXIMUM POUNDS/DAY) CO, ,- : VO'C '. NOx; . $Ox PN1io Operations Emissions 66.47 6.11 4.69 0.05 4.69 Daily Thresholds 550 55 55 150 150 Source: Urbemis 2002 for Windows 7.4.2 As shown in Table 2, Project Construction Emissions, the proposed project would not exceed any established construction thresholds for emissions. The SSAB is designated as a non- attainment area for national ambient standards for 03 and PMio. The proposed project's increase of the generation of PMio emissions is considered negligible and would not contribute substantially to the existing air quality violation. As shown on Table 3, the project would result in a negligible increase in operational emissions in the project area. As described in Section 12 and impact discussion a) of this Section, the project is consistent with the growth forecasts for the region and is within the growth forecasts assumed for the Regional Transportation Plan and the most recent version of the Air Quality Management Plan (AQMP). The proposed project long-term operational emissions of PMio and VOC/NOx (i.e., precursors in the formation of 03) are considered negligible and would not contribute substantially to the existing air quality violation. c) As described in impact discussion b of this section, the proposed project would result in negligible long-term operational emissions well below the established thresholds. Therefore, the net increase in project operational emissions would not be considered cumulatively considerable. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaratli 20 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION d) As described in impact discussion b) of this Section, the proposed project would not result in emissions potentially exceeding established thresholds during construction. Therefore, the proposed project would not result in significant construction-related air quality impacts. e) The proposed project involves the construction of residential units and does not involve land uses that would produce substantial air pollutant concentrations. Therefore, the proposed project would not expose sensitive receptors to substantial pollutant concentrations. f) The proposed project would not create significant objectionable odors during construction or long-term operations. Any odor associated with the proposed residential use, including cooking and gardening,would not affect a substantial number of people. MITIGATION PROGRAM Project Design Features PDF 3-1 The proposed project includes the construction of a masonry block screen wall. The wall would extend along the entire perimeter of the site. The final specifications for the screen wall and blow sand attenuation measures shall be approved by the Director of Planning and Building prior to issuance of a building permit. PDF 3-2 The proposed project includes the implementation of an off-street Class 1 bikeway on the east side of Sunrise Way adjacent to the project site to encourage the use of alternative modes of transportation and reduce air emissions from motor vehicles. Standard Conditions SC 3-1 The proposed project will comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PMio emissions. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District for approval prior to the issuance of grading permits. The project applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to the issuance of grading permits. The plan shall specify the fugitive dust control measures to be employed. The plan shall include, but shall not be limited to, the following fugitive dust control techniques: • Application of chemical stabilization to unpaved roads and vehicle parking areas; • Application of sufficient water prior to initiating any earth movement; • Suspension of grading operations during first and second stage ozone episodes or when winds exceed 25 miles per hour; • Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. Site watering may be required 24 hours per day and seven days per week; • Application of dust suppressants on disturbed surface areas upwind of paved roadways or urban areas; • Sweeping and/or cleaning streets where vehicles exit construction sites;' • Installation of bedliners in fill import and export vehicles; City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decic INITIAL STUDY/MITIGATED NEGATIVE DECLARATION • Covering of fill import and export vehicles when carrying bulk material; • Installation of wheel washers where vehicles exit disturbed surface areas onto paved roads; • All construction vehicles shall use aqueous diesel fuel and will be equipped with cooled exhaust gas recirculation and particulate filters; • Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each workday. The maximum vehicle speed limit on unpaved roads shall be 15 mph; • Paving of all roads on a construction site once final elevations have been reached or at the earliest feasible time; • Installation of drainage devices including temporary diking, sand bags and/or curbing to prevent sediment from reaching paved roads shall be submitted to the engineering division on the erosion control grading plan; • Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil; • Installation of security fencing surrounding disturbed surface areas which have been treated with dust suppressants; and • Any other measures as deemed necessary by the director of the engineering division. SC 3-2 The project proponent shall comply with all applicable SCAQMD Rules and Regulations including Rule 403, ensuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission sources. Particulate matter on public roadways is prohibited. Compliance with SCAQMD rules shall be included on the contractor specifications. This shall be verified by the City Building Official prior to issuance of grading permits. SC 3-3 The building construction shall comply with energy use guidelines in Title 24 of the California Administrative Code. Mitigation Measures There are no proposed mitigation measures applicable to air quality. City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decla-0- 22 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IV. BIOLOGICAL RESOURCES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ ® ❑ ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ ❑ plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not ❑ El Ellimited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a ❑ ❑ ® ❑ tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ approved local, regional, or state habitat conservation plan? Setting The assessment of biological resources was prepared by BonTerra Consulting and a constraints survey conducted on July 22, 2004. Focused surveys for Casey's June beetle and flat-tailed horned lizard were conducted on April 30, and May I and 2, 2004 by James W. Cornett; and on July 22, 27, 29, and 30, 2004 by BonTerra Consulting biologist Samuel C. Stewart, respectively. Focused surveys for Casey's June beetle were repeated on May 4, 2005 by James W. Cornett. ' Focused surveys for Coachella Valley milk-vetch were conducted by BonTerra Consulting City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarr+tnn 23 0(i INITIAL STUDY/MITIGATED NEGATIVE DECLARATION botanists Sandy Leatherman and Pam DeVries on March 9 and April 17, 2005. Focused surveys for flat-tailed horned lizard, Palm Springs round-tailed ground squirrel, and burrowing owl were conducted by BonTerra Consulting biologists Samuel C. Stewart, Dr. Mike Robson, and Jeff Wheater on April 27, May 19, 24, and 27, 2005. The results of these surveys are outlined in the letter reports included in Appendix C and are summarized below. Vegetation on the project site consists of one type following the Sawyer/Keeler Wolf (1995) classification system. This vegetation type consists of allscale scrub which is distributed sparsely throughout the majority of the project site. Allscale scrub is characterized by allscale (Atriplex polycarpa) as the sole or dominant shrub in the canopy with other plants growing at lower densities. Other plants observed occurring throughout the project site included white bursage (Ambrosia dumosa), four-winged saltbush (Atriplex canescens), California croton (Croton colifornicus), indigo bush (Dalea colifornica), desert tea (Ephedra californica), boxthorn (Lycium sp.), Spanish needles (Palofoxia arida), sandpaper plant (Petalonyx thurberi), phacelia (Phacelia sp.), and plicate tiquilia (Tiquilia plicata). Several non-native, weedy species are present throughout this vegetation type on the project site including Russian thistle (Salsola tragus), Mediterranean schismus (Schismus barbata), and puncture vine (Tribulus terrestris). The presence of non-native species and the relatively diminutive size of the native shrubs on the project site indicate that soil disturbance such as discing or grading has previously occurred. Vegetation on the project site provides potential habitat for a number of wildlife species. Wildlife species found or expected on the project site include species associated with allscale scrub. Common reptile species or evidence of their presence observed on the site included desert iguana (Dipsosourus dorsolis), zebra-tailed lizard (Callisourus draconoides), side-blotched lizard i'Uta stansburiona), long-tailed brush lizard (Urosaurus grociosus), western whiptail (Aspidoscelis figris), shovelnose snake (Chionactis occipitalis), coachwhip (Mosticophis flagellum), and sidewinder (Crotalus cerostes). Other common reptile species potentially occurring on the project site include western patch-nosed snake (Solvadora hexalepis), gopher snake (Pituophis rnelanoleucus), California glossy snake (Arizona elegans), long-nosed snake (Rhinocheilus becontei), kingsnake (Lampropeltis getulus), and night snake (Hypsiglena torquato). No fish or amphibian species would be expected to occur on the project site due to the lack of permanent or temporary surface water bodies on the project site or in the immediate vicinity. Common bird species or evidence of their presence observed during the survey included mourning dove (Zenaida macroura), common raven (Corvus corax), barn swallow (Hirundo rustica), northern mockingbird (Mimus polyglottos), greater roadrunner (Geococcyx californianus), great-tailed grackle (Quiscalus mexicanus) and house finch (Carpodacus mexicanus). Other year-round resident desert species potentially occurring on the project site include black phoebe (Sayornis nigricans), western meadowlark (Sturnella negiecto), and Brewer's blackbird (Euphogus cyanocepholus). No raptor species were observed during surveys. The project site may provide potential foraging habitat for raptor species including red-tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), prairie falcon (Falco mexicanus), barn owl (Tyco alba), great horned owl. (Bubo virginionus), and western screech owl (Otus kennicottii). However, no raptor nesting habitat is present on the project site. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaraf°^^ INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Common mammal species observed on the project site during the survey include black-tailed jackrabbit (Lepus colifornicus) and California ground squirrel (Spermophilus beecheyi). Additionally, evidence of presence of Merriam's kangaroo rat (Dipodomys merriami) was observed. Small burrows (i.e., less than two inches in diameter) are present throughout the project site and could provide cover for a number of small mammal species. Common mammal species potentially occurring on the project site include desert shrew (Notiosorex crawfordi), desert cottontail (Sylvilogus audubonii), desert pocket mouse (Chaetodipus penicillatus), western harvest mouse (Reithrodontomys megalotis), deer mouse (Peromyscus maniculatus), house mouse (Mus musculus), coyote (Canis latrans), and desert kit fox (Vulpes macrotis). BonTerra Consulting conducted a literature search to identify special status plants, wildlife, and habitats known to occur in the vicinity of the project site. Special status biological resources include plant and wildlife species, and habitats that have been afforded special status and/or recognition by federal and/or state resource agencies, as well as private conservation organizations. In general, the principal reason an individual taxon (e.g., species, subspecies, or variety) is given such recognition is the documented or perceived decline or limitations of its population size, or geographic range, and/or distribution resulting in most cases from habitat loss. Special Status Plant Species Four special status plant species were determined to have potential to occur on the project site, including the chaparral sand verbena (Abronia villosa var. aurita), Coachella Valley milk-vetch (Astragalus lentiginousus var. coachelloe), Arizona spurge (Chamaesyce arizonica), and flat- seeded spurge (Chamaesyce platysperma). Descriptions of the species are provided below. Chaparral Sand Verbena The chaparral sand verbena is a CNPS List 1 B species that typically blooms between January and August. It is a sprawling annual that is generally restricted to inland valleys of western Riverside County, although there are some known localities in Orange and San Diego counties. It is found in areas of fine sand, often on benches of alluvial habitats, but also in openings of scrub or grassland vegetation types. The chaparral sand verbena was not observed during surveys and if is not expected to occur on the project site at this time. Coachella Valley Milk-Vetch The Coachella Valley milk-vetch is a federally-listed Endangered and CNPS List 1 B species that typically blooms between February and May depending on rainfall and temperature. It is an annual or short-lived perennial with a deep taproot that dies back to ground level in the summer. It is endemic to windblown sand in Sonoran creosote bush scrub, from approximately zero to 1,150 feet above msl. This plant species is endemic to Riverside County and is threatened by urbanization, off-road vehicle use, and wind energy development (CNPS 2001). Approximately 30 individual plants of this species were observed on approximately five acres in the western extent of the project site during surveys in 2005. Arizona Spurge The Arizona spurge is a CNPS List 2 species that typically blooms between June and July. This species is a low-growing (often matting) perennial herb that occurs in fine sands of desert dunes and shrublands below approximately 1,000 feet above msl. In California, it is known from desert City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarr •' 25 /- INITIAL STUDY/MITIGATED NEGATIVE DECLARATION portions of Riverside and San Diego counties; it also occurs eastward to Texas and mainland Mexico. This species was not observed during focused surveys in 2005 and is not expected to occur on the project site at this time. Flat-Seeded Spurge The flat-seeded spurge is a CNPS List 1 B species that typically blooms between February and September. This annual herb grows in fine sands of Sonoran creosote bush scrub and desert dunes from approximately 200 to 330 feet above msl. It is known to occur in Imperial, Riverside, San Bernardino, and San Diego counties, Arizona, and Sonora, Mexico. This species was not observed during focused surveys in 2005 and it is not expected to occur on the project site at this time. Special Status Wildlife Species Five special status wildlife species were determined to have potential to occur on the project site, including Coachella Valley Jerusalem cricket (Sfenopelmatus cahuiloensis), flat-tailed horned lizard (Phrynosoma mcalli), Palm Springs pocket mouse (Perognafhus longimembris bangsi), Palm Springs round-tailed ground squirrel (Spermophilus tereticaudus chlorus), and burrowing owl (Speotyto cunicularia). Descriptions of these species are provided below. Coachella Valley Jerusalem Cricket The Coachella Valley Jerusalem cricket is a federal Species of Concern that occurs exclusively in the Coachella Valley. This species occurs in sandy and gravelly soils and is typically associated with the root systems of plants of the sunflower family (e.g., Ambrosia and Encelia species). Potential habitat to support this species on the project site is considered marginal given the minimal amount of fine sands, the dominant plants on-site, the disturbed nature of the habitat, and the lack of observations during focused surveys other species. Therefore, the Coachella Valley Jerusalem cricket has a low potential to occur on the project site. Flat-Tailed Horned Lizard The flat-tailed horned lizard (Phrynosoma mcalli) is a state Species of Special Concern that was proposed for federal listing as Threatened. This species occupies areas of fine windblown sand, and extremely barren country within the creosote bush scrub vegetation type where vegetation is sparse or lacking (Federal Register 1997). The USFWS previously published a rule proposing Threatened status for the flat-tailed horned lizard in 1993 but withdrew the proposed rule to list in 1997 based on information available at that time. On December 26, 2001, under court order, the USFWS reinstated the proposed listing of this species as Threatened and reopened the public comment period for 120 days with a final listing decision expected by December 26, 2002. The flat-tailed horned lizard was not observed on the project site during surveys and it is not expected to occur on the project site at this time. Palm Springs Pocket Mouse The Palm Springs pocket mouse (Perognothus longimembris bangsi) is a state Species of Special Concern restricted to desert scrub habitat in the Coachella and Borrego valleys. The Palm Springs pocket mouse is one of seven subspecies of pocket mouse, of which it is known to interbreed with three, the Los Angeles pocket mouse (P.I. brevinasus), Jacumba pocket mouse (P.I. internationalis), and little pocket mouse (P.I. longimembris). Generally, this subspecies' habitat is described as having level to gently sloping topography, sparse to moderate City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decla, — 26 - i I INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I i vegetative cover, and loosely packed or sandy soils. Although the project site contains j marginal habitat for this species and not evidence of its presence was observed during focused surveys for other species, it is known to occur to the north of the project site in the Whitewater River Floodplain Preserve and may occur on the project site. Palm Springs Round-tailed Ground Squirrel The Palm Springs round-tailed ground squirrel (Spermophilus fereticaudus chlorus) is a species proposed for federal listing as Endangered and a state Species of Special Concern that prefers open, flat, desert areas with fine-textured, sandy soils, grasses and/or desert succulent shrubs. This species has been designated as Candidate for listing in its entire range (i.e., California). However, at present no petition for Threatened or Endangered status has been submitted. This species is known to occur in desert wash, desert scrub, alkali desert scrub, and levees in cropland habitat. This species was not observed during focused surveys and it is not expected to occur on the project site at this time. Burrowing Owl The burrowing owl (Athene cunicularia hypugaea) is a state Species of Special Concern. It is a year-round resident in appropriate habitat throughout the state, excluding the humid northwest coastal forests and high mountains. Appropriate habitat consists of short-grass prairies, grasslands, lowland scrub, agricultural lands, coastal dunes, and desert floors (Haug et. al. 1993). It requires open expanses of sparsely vegetated areas on gently rolling or level terrain with an abundance of active small mammal burrows. The BUOW often nests colonially and rodent or other burrows are typically required for roosting and nesting cover; however, this species may also dig a burrow in soft, friable soils, or use pipes, culverts, and trash piles where burrows are scarce. The CDFG was recently petitioned by a coalition led by the Center for Biological Diversity to list the California population of the burrowing owl as Endangered or Threatened under the California Endangered Species Act (CESA). On December 4, 2003, the CDFG denied the petition. This species was not observed during focused surveys and it is not expected to occur on the project site at this time. Discussion of Impacts a) The project is expected to impact a population of Coachella Valley milk-vetch on approximately two acres in the western extent of the project site. Impacts on this species are considered significant; however, no consultation with the CDFG or USFWS would be required due to the fact that plant species are not listed by the CESA and consultation with the USFWS is not required for impacts to Threatened or Endangered plants unless the project has a federal nexus (e.g., federal funding or federal permit approval). Mitigation Measure 4-1 would reduce impacts on this species to a level considered less than significant. The project is expected to impact suitable habitat for sensitive wildlife species, including the Coachella Valley giant sand-treader cricket and the Palm Springs pocket mouse. These species are listed as Species of Special Concern by the CDFG and are not state or federally-listed as Threatened/Endangered. Because of their low potential to occur and the relatively large range of these species in relation to the small area impacted by the proposed project, the loss of potential habitat for these species is not considered significant. b) The project site would be completely cleared, graded, and developed with 'project implementation. Grading and development of the site would result in the removal of existing native vegetation on-site consisting of all-scale scrub. All-scale scrub covers the majority of City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declai 27 l/"1 , INITIAL STUDY/MITIGATED NEGATIVE DECLARATION the project site. This vegetation type is not designated in the Palm Springs General Plan as an "important biological resource". Furthermore, the project is not located on an "important biological site" as designated by the Palm Springs General Plan. The project site is located within one mile of Important Biological Site #30 designated by the General Plan as a Coachella Valley fringe-toed lizard Preserve; however, the project would not impact Site #30. No wetland, marsh, riparian, or vernal pool habitat exists on the project site. Therefore, the proposed project is not expected to have a substantial adverse effect on any sensitive natural communities. c) As discussed under impact discussion b of this Section, the proposed project would not impact any sensitive natural communities, including wetlands as defined by Section 404 of the Clean Water Act. Therefore, the proposed project would not have any adverse effects on wetlands. d) The project site is bound by urban development to the south, and southwest, and open space to the north, northwest, and east. The primary wildlife dispersal and migration corridor in the vicinity of the project site is the Whitewater River Wash. The proposed project is separated from the Whitewater River by a berm and would also be surrounded by a block screen wall (see PDF 3-1). The proposed project is not expected to directly or indirectly impact the Whitewater River and associated wildlife dispersal or migratory movement. e) The City of Palm Springs General Plan (1993) contains Objectives and Policies designed to protect sensitive plants and wildlife, and unique habitats, including Objectives 5.5a and 5.5b, and Policies 5.5.1 through 5.5.11. Additionally, Chapter 11.36 of the City of Palm Springs Municipal Code provides for native wildlife protection. The proposed project would not conflict with these policies or ordinances. f) The proposed project site is not within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan area. The project site is located outside the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan (CVFTLHCP) fee area and payment of the $600/acre fee is not required. The Coachella Valley Association of Governments (CVAG) is currently preparing a Multiple Species Habitat Conservation Plan (MSHCP) for the Coachella Valley region. Similar to the CVFTL HCP, the MSHCP will create large interconnected preserves for special status species and their habitats while streamlining the regulatory process outside of the reserve areas. This will be accomplished by providing a means to standardize mitigation/compensation measures for species covered by the plan and satisfy applicable provisions of federal and state ESAs, CEQA, and the National Environmental Policy Act (NEPA). Measures will most likely take the form of payment of fees as a standard condition of approval for development within the fee area. A draft Environmental Impact Report/Statement (EIR/EIS) for the MSHCP has not yet been approved and fees have not been established. At present, the proposed project is not subject to the CVMSHCP fee. Therefore, the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other local, regional, or state habitat conservation plans. MITIGATION PROGRAM Proiect Design Features The project does not include any design features applicable to biological resources. City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarati 28 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Standard Conditions The project does not include any standard conditions applicable to biological resources. Mitigation Measures MM 4-1 Suitable candidate site(s) totaling a minimum of five acres in size will be identified by a qualified biologist, in coordination with the project applicant, the City of Palm Springs, and the Coachella Valley Mountains Conservancy. The site will be purchased by the applicant and donated to the Conservancy for preservation in perpetuity. Preservation will be ensured by the dedication of a conservation easement or other appropriate mechanism. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration INITIAL STUDY/MITIGATED NEGATIVE DECLARATION V. CULTURAL RESOURCES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ® ❑ ❑ in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ® ❑ ❑ pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ® ❑ geologic feature? d) Disturb any human remains, including those El ® El El outside of formal cemeteries? Setting The project site is located on the desert floor in proximity to a significant source of water (i.e., Whitewater River) that could have attracted prehistoric habitation. BonTerra Consulting conducted a cultural resources assessment for the proposed project site and obtained a cultural resources records search from the Eastern Information Center (EIC) at the University of California, Riverside on June 25, 2004 and a paleontological literature and records review from the San Bernardino County Museum (SBCM) on July 7, 2004. Additionally, an archaeological survey was conducted on July 15, 2004 by Richard S. Shepard, RPA. The results of these assessments and records searches are presented in the technical report included in Appendix D and are summarized below. The EIC reported that no archaeological or historic resources are known from the project site and that the nearest known archaeological site is located nearly one mile from the project. The City of Palm Springs General Plan indicates that the project site is not within a known prehistoric or historic archaeological resource area. The site has been designated by the Coachella Valley Association of Governments (CVAG) as a "Low Probability" area for significant prehistoric resources. No structures or other potential historic features are known to be present on the project site. Discussion of Impacts a) The records search indicated that no historic resources are known from the project site and the nearest known archaeological site is located nearly one mile from the project. The City of Palm Springs General Plan indicates that the project site is not within a known historic resource area, and the field survey did not identify the presence of any cultural resources or structures or other potential historic features on the project site. Therefore, there is a low potential for implementation of the project to cause a substantial adverse change in the significance of a historical resource. Implementation of MM 5-1 and MM 5-2 will,further reduce the potential of the project to cause a substantial adverse change in the significance of any historical resource potentially occurring on the project site. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declai 30 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b) The records search indicated that no archaeological resources are known from the project site and the nearest known archaeological site is located nearly one mile from the project. The City of Palm Springs General Plan indicates that the project site is not within a known archaeological resource area, and the field survey did not identify the presence of any cultural resources or structures on the project site. Therefore, there is a low potential for implementation of the project to cause a substantial adverse change in the significance of an archaeological resource. Implementation of MM 5-1 and MM 5-2 will further reduce the potential of the project to cause a substantial adverse change in the significance of any archaeological resource potentially occurring on the project site. c) No unique geologic features were observed on the project site. The SBCM reported that the project site is composed primarily of Recent (Holocene) alluvium, with a possibility of Older (Pleistocene) alluvium at an undetermined depth below. Recent alluvium has a very low potential for fossil resources because it is geologically young in age. Older alluvium, in this case, also has a low sensitivity for fossil resources because of folding, faulting, and erosional disturbances by the Whitewater River as it meandered in its natural condition through the valley floor. Therefore, paleontological resources are not expected to occur within the project site or in adjacent areas and the proposed project would not likely directly or indirectly destroy a paleontological resource or site. d) The proposed project involves the grading and excavation of on-site soils. Although considered unlikely, earthmoving, excavation, and compaction activities could impact unknown prehistoric and/or historic archaeological resources, including buried human remains. If such resources were to be found during construction, such impacts would be mitigated through the application of SC 5-1 identified below which applies to any construction activity initiated in the City. Implementation of MM 5-1 would further reduce potential impacts to a level considered less than significant. MITIGATION PROGRAM Project Design Features There are no project design features applicable to cultural resources. Standard Conditions of Approval SC 5-1 In accordance with Public Resources Code 5097.94, if human remains are found, the Riverside County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative shall then determines in consultation with the property owner the disposition of the human remains. Mitigation Measures MM 5-1 Should any archaeological resources be uncovered during grading or .excavation activities, these activities shall be diverted to a apart of the site away from the find, and a Riverside County-certified archaeologist shall be contacted by the contractor to: (1) ascertain the significance of the resources; (2) establish protocol with the project applicant to protect such resources; (3) ascertain the presence of additional City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarnfrnn 31 �1r1�"J�11 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION resources; and (4) provide additional monitoring of the site if deemed appropriate. If human remains are discovered on the site, the Riverside County Coroner shall be contacted to examine the remains, and the provisions of Section 15064.5(3) of the CEQA Guidelines shall be followed. These requirements shall be included as notes on the contractor specifications and verified by the Permits Division of the Department of Building and Safety. MM 5-2 During construction activities, the archaeologist shall have the authority to temporarily divert or direct earthmoving to allow time to evaluate any exposed prehistoric or historic material. Any recovered prehistoric and historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archaeology and Paleontology (UCR). City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarati- 32 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VI. GEOLOGY AND SOILS Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area ❑ ❑ ® ❑ or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic-related ground failure, including ❑ ® ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of El ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ❑ ® ❑ ❑ on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ® ❑ El(1994), creating substantial risks to 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 disposal of wastewater? Setting According to the City of Palm Springs General Plan (1993), the project site is not located within an established Alquist-Priolo Study Zone (regions of known active and potentially active earthquake faults) and no active or potentially active faults are known to transect the project site. However, there are a number of known active faults in the region. A regional fault map is provided in Exhibit 5. Active faults include the Coachella Valley segment of the San Andreas Fault Zone (locally known as the Mission Creek Fault located approximately ten miles north of the. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declo•-"­ 33 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 'a Nevada (6.0/1908) South Death ey Fault ♦ Fault (6.0/1946) Ihite Wolf Fault (6.1/1916) / (7.5/1952) ♦ —J 952) �a (6.6/1947) Lenivood Fault tow (6.7/1971) _ 4 Melendale '�, Fault Ludlow Fault < ��s � ��� Pisgah Fault ' ' ,FQ L,e Y (6.0/1894) San Bernar o `A (7.3/1992) ♦ ♦ 0 (6.1/1992) to;; ec !wood R 41 Q`,t. (6.4/1899) 011948) Pinta Mountains 2 Igele. v,4!` 4 Q�fr, (6.8/191B) Fault 5/1890 Blythe o (6. ) ROJtCT Vas Verdes - • lit,44 SITE Fault 4 �! "< (6.0/1 37), a Catalina _ o (6.4/ 14) h4ana �e (6.5/1692) sea Salton (6.5/1987) Cristianit Imperial ,Fault� �•)\� (6.2/1906) Malley w (6.6/1942) ` l, Fault Newport-Inglewood 511968) (6.0/1915) ,�.(6.9/1940) Yuma Ctememe Fault f6 shore)' trland- D ,� >. 4/19 San ie (6.. 18 ) L Fault n iv�`� /(1.0/1892) San Clemente Fault Rose Canyon ;. Fault Regional Fault Map Exhibit 5 N Legend' ❑s z11883 Earthquake Magnitude and Approximate Location ]=�1 Active Fault ❑'., Inactive FaultJlIrGYGt Date of of Rupture Zones COfJS U L T I NG Scale llncIr Smiles ` All lomflons are approximate. Ctty of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 34 _ �J INITIAL STUDYNITIGATED NEGATIVE DECLARATION project site), the Banning Fault Zone (approximately five miles northeast of the project site), the San Gorgonio Pass Fault Zone (approximately six miles northwest of the project site), and the San Jacinto Fault (major branch of the San Andreas Fault Zone located approximately 15 miles west of the project site). Additionally, there are inactive fault zones in the region. The Garnet Hill Fault is inferred to approach within one mile of the project site to the northeast and concealed traces of the Palm Canyon Fault traverse the base of the San Jacinto Mountains approximately three miles to the west. Soils occurring on the project site consist of those associated with the Carsitas-Myoma-Carrizo Series,which consists of coarse gravelly or cobbly granitic alluvium. This series is described by the Soil Conservation Service as level to moderately steep, somewhat excessively drained sands, fine sands, gravelly sands, cobbly sands, and stony sands on alluvial fans and valley fill. According to 2003 data from the Coachella Valley Water District, the nearest monitored well station located at Palm Springs County Club (within 0.5 miles) demonstrated an average groundwater depth of 258.7 feet. The proposed project site is relatively flat, making the potential for landslides, mudflows, and erosion negligible. Furthermore, the Department of Mines and Geology has identified the site as having a very low risk for landslide and/or liquefaction (2000). Discussion of Impacts a) I) According to the Palm Springs General Plan (1993), the project site is not located within an established Alquist-Priolo Study Zone. There is no substantial evidence of a known fault crossing the site and the potential for fault rupture and exposure of people or structures to substantial adverse effects is considered negligible. Furthermore, in accordance with SC 6-2, proposed structures are required to be designed in accordance with Uniform Building Code (UBC) standards, and other local, state, and federal agency requirements, further reducing potential impacts associated with seismic hazards. ii) There are a number of known active faults in the region which could result in seismic ground shaking on the project site. The Banning Branch of the San Andreas Fault system is the closest active fault to the project site. The relative proximity of this fault (approximately five miles distant) places the region in an area of high seismic activity, exposing the project site to potentially severe ground shaking hazards. Ground acceleration at the site would be influenced by distance from the fault, magnitude of seismic events, and soil composition. According to the Palm Springs General Plan (1993), given the distance from the fault, the maximum probable seismic event would generate a maximum peak ground acceleration of 0.62g (g is the acceleration of gravity, equal to 32 feet per second). However, the effects of a seismic event would be attenuated by the deep deposits of alluvium beneath the project site, resulting in maximum ground accelerations of 0.47g. In accordance with SC 6-2, the proposed on-site structures are required to be designed in accordance with Uniform Building Code (UBC) standards, and other local, state, and federal agency requirements, effectively reducing potential impacts to a level considered less than significant. iii) According to seismic hazard maps prepared by the Division of Mines and Geology (2000) the project site has a low potential for liquefaction. Soils occurring on the project site consist of those associated with the Carsitas Series and the groundwater level is of an average depth of 258.7 feet within 0.5 miles of the project site. Due to the proximity to the project site and similar elevation, the on-site conditions (i.e., groundwater depth'in City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarr" 35 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION excess of 100 feet) present a negligible potential for liquefaction. Due to the presence of loose soils beneath the site, seismic induced settlement may be possible if strong ground shaking occurs. The potential effects of seismic induced settlement would be mitigated by proper design and construction grading techniques as identified in SC 6-3. The proposed project is not expected to expose people or structures to significant impacts resulting from ground failure. iv) There are no known landslides on the project site and the low relief of the site makes the potential for landslides and muciflows negligible. The proposed project is not expected to expose people or structures to significant impacts resulting from landslides. b) The project site is relatively flat. Grading activities associated with the proposed project have the potential to cause short-term erosion during construction. However, because the proposed project would not substantially alter the existing grade, the potential for erosion during construction would not be negligible. In addition, grading activities would adhere to applicable City codes and ordinances pertaining to earthwork and soil stabilization as identified in SC 6-1. Therefore, the proposed project is not expected to result in the substantial loss of soil due to erosion. Potential impacts associated with erosion are discussed in greater detail in Section VIII, Hydrology and Water Quality. c) See impact discussions a) and b) of this Section. d) Fine to coarse grained alluvial sands are the most prominent soil type throughout the site. Expansive soils have a high concentration of clay minerals that are prone to expand when exposed to water and subjected to a constant load. Given that the project site does not contain clay soils, the potential for soil expansion is considered negligible. Expansive soil potential will be addressed in greater detail during final design as part of the required geotechnical studies. As required by SC 6-3, the recommendations of the geotechnical report will be included in the grading plans. With implementation of proper design and grading techniques as outlined in the final geotechnical report, no substantial risks to life or property associated with expansive soils are anticipated. e) The proposed project would be connected to the City's existing sewer system and would not include the use of septic tanks or alternative wastewater disposal systems. No substantial adverse effects are anticipated. MITIGATION PROGRAM Project Design Features There are no project design features applicable to geology and soils. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaratir 36 ;� INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Standard Conditions SC 6-1 Grading of the subject property shall comply with the applicable provisions of the City's Grading Ordinance to the satisfaction of the City Engineer. SC 6-2 Proposed structure design shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California. Compliance with these criteria will be verified by the City Engineer prior to the issuance of building permits. SC 6-3 During preparation of final engineering and grading plans, the project applicant shall prepare final soils and geologic studies and submit these to the City Engineer for review and approval. The final engineering studies shall include: a soils assessment for specific grading and building design; excavation characteristics of on-site earth materials; grading, foundation, and structural design recommendations; and secondary seismic impacts. The recommendations outlined in the final geotechnical studies shall be included in the construction plans. Compliance shall be verified by the City Engineer prior to issuance of any grading permit. Mitigation Measures With application of the standard conditions, the proposed project would not result in significant impacts related to geology and soils. No additional mitigation is required. City of Palm Springs Four Seasons at Palm Springs (rentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 37 INITIAL STUDY/NEGATIVE DECLARATION VII. HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ or disposal of hazardous materials? b) Create a significant hazard fo 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? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as ❑ ❑ ❑ a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ® ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety El ❑ hazard for people residing or working in the El El project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl— - 38 INITIAL STUDY/NEGATIVE DECLARATION Setting The following is based upon a review of the City of Palm Springs General Plan (1993), an environmental site assessment of the adjacent project site conducted by Earth Systems Southwest in November 2001, and an EDR records search of government databases of hazardous sites conducted in 2004. The conclusions presented in the site assessment were reached after a site reconnaissance, site history investigation (e.g., review of aerial photographs, topographic maps, Munger oil maps, and personnel interviews), and a regulatory agency record review. Several piles of debris of a non-hazardous nature (e.g., dilapidated furniture, construction materials, and other non-hazardous solid wastes) were encountered throughout the project site during the field reconnaissance. Discussion of Impacts a) The proposed project involves the construction of a residential development on a vacant lot. The project would not involve the construction of any uses that would involve the use, storage, or routine transport of hazardous materials; therefore no risk of release would occur. During the construction phase of the project, there is a limited risk of accidental release of hazardous materials such as gasoline, oil, or other fluids used in the operation and maintenance of construction equipment. Compliance with standard State and local construction requirements would reduce the risk of any damage or injury from these potential hazards to a less than significant level. b) Several piles of debris of a non-hazardous nature were encountered throughout the project site during the field reconnaissance. These sources of onsite contamination would not pose a risk of accidental explosion or release of substances which could create a potential health hazard. According fo regulatory agency records, there are no mapped sites on or within a half mile of the project site. The proposed land use (i.e., single-family residential) would not involve the storage, use, or release of hazardous materials. Therefore, the proposed project is not expected to 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) The proposed project site is not located within a quarter-mile of an existing or proposed school. The proposed land use (i.e., single-family residential) would not involve the storage, use, or release of hazardous materials. Therefore, the proposed project would not be expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d) According to the EDR records search conducted for the proposed project site, there are no mapped hazardous materials sites on or within a half mile of the project site. Therefore, the proposed project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 would not create a significant health hazard to the public or environment. e) The project site is located within 1.8 miles of the Palm Spring International Airport and is within' Zone C of the Riverside County Airport Land Use Compatibility Plan. Zone C is the Extended Approach/Departure Zone for the airport and the Airport Land Use Plan recommends residential densities of 0.2 dwelling units per acre. However, development to the south of the City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negaflve Declar 39 i INITIAL STUDY/NEGATIVE DECLARATION proposed project site is higher density than proposed. Furthermore, higher density development is more proximate to the airport within Zone C. While planning documents or policies such as the Airport Land Use Plan may be relevant to the proposed project, City of Palm Springs General Plan Land Use Designation and Zoning Code are the primary guidance for the development and use of the project site. Hazards associated with the Palm Springs International Airport were analyzed in the Environmental Impact Report prepared for the City of Palm Springs General Plan. Therefore, the proposed project is not expected to result in a substantial safety hazard for people residing on [he project site beyond that which exists for other residences in Zone C within the City of Palm Springs. f) The project site is not located in the vicinity of a private airstrip and the project is not expected to result in a safety hazard to residents on or in the vicinity of the project site. g) The Riverside County Office of Disaster Preparedness is responsible for the coordination of various agencies in the event of an emergency. An emergency preparedness plan sets forth the organization and administration of disaster response efforts such as debris removal, evacuation and emergency communications, law enforcement, fire protection and rescue, the provision of health care and for emergency shelter, allocation of emergency food and medical supply, and maintenance and restoration of critical services, including transportation,water and sewage, electricity, natural gas, and telephone services. Although the Palms Springs General Plan does not identify an adopted emergency response plan or emergency evacuation plan, it identifies objectives and policies to address emergency preparedness. The proposed project is a residential project adjacent to existing urban development. The implementation of the project is not anticipated to impair or physically interfere with any adopted emergency response plan or emergency evacuation plan. h) The project would not involve the construction of residences adjacent to wildlands or areas of high fire hazard, due to the sparse vegetation in the vicinity of the project site. In accordance with the Palm Springs General Plan (1993), the project site is considered a low fire risk area given that it is located in the vicinity of developed areas, contains minimal vegetation cover, has relatively flat topography, and has available access. The project is not expected to expose people or structures to substantial fire hazards. Project Design Features The project does not include any design features applicable to hazards and hazardous materials. Standard Conditions The project does not include any standard conditions applicable to hazards and hazardous materials. Mitigation Measures The project does not include any mitigation measures applicable to hazards and hazardous materials. City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative i3eclar^40-- 40 rare . INITIAL STUDY/NEGATIVE DECLARATION Vill. HYDROLOGY AND WATER QUALITY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ ❑ ® ❑ production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ® ❑ river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or El El ® Elriver, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned sformwater drainage systems or ❑ ❑ ® ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade wafer El El ® Elqualify? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard El El ElBoundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect ❑ ❑ ❑, flood flows? City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negatiye Declar 41 y'`? INITIAL STUDY/NEGATIVE DECLARATION Vill. HYDROLOGY AND WATER QUALITY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact i) Expose people or structures to a significant risk of loss, injury or death involving flooding, El ❑ ® El flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Setting The following analysis is based upon a hydrology report prepared in 2004 by Hunsaker and Associates (Appendix A) and the City of Palm Springs General Plan (1993). The proposed project is located in the Palm Springs Subarea of the Indio Subbasin within the Coachella Valley Groundwater Basin. The Palm Springs Subarea has a storage capacity of 4.6 million acre-feet. Replenishment of the groundwater within the Coachella Valley Basin occurs through natural and artificial means. Stream flow originating in the adjacent San Bernardino and San Gorgonio Mountains enters the valley and percolates into the Whitewater River, providing the largest source of natural groundwater recharge in the Palm Springs Subarea and the Coachella Valley Groundwater Basin as a whole. Additionally, water imported by the Metropolitan Water District (MWD) via the Colorado River aqueduct is used as an artificial source of groundwater replenishment by percolation of flows in the Whitewater River wash. Replenishment through precipitation on the valley floor is considered negligible as annual precipitation averages five inches per year in contrast to the evaporation rate which averages 75 inches per year. The project site is vacant. Currently, sformwater flows originating on the project site either percolates into the ground, evaporate from the soil, or are conveyed via sheet flow in a southeasterly direction to surrounding lower elevation areas. In the existing condition, the portion of the project site proposed for development produces approximately 24.1 cubic feet per second (cfs) of storm water runoff during 100 year storm events. Flows leaving the site are currently conveyed along the pervious surface of the project site and impervious surface streets (e.g., Sunrise Way) further to the southeast where they either enter the Whitewater River wash via a storm drain or collect in a ditch parallel to the Whitewater River. The project site is adjacent to the Whitewater River Channel. An earthen levee has been constructed along the channel to protect surrounding areas from flooding. The project site is located within the B-500 Year Zone of the Whitewater River flood plain as designated on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. Designated Zone B areas include the following: areas that are located between the limits of the 100-year flood and 500-year flood; certain areas subject to 100-year flooding with average depths less than one foot or where the contributing drainage area is less than one-square mile; or, areas protected by levees from the base flood. Discussion of Impacts a) Construction activities such as grading, excavation, and trenching for site.improvements would result in disturbance of soils on the project site. Runoff from the project site during construction could transport soils and sediments from these activities. Spills or leaks ,from City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Deck---"-- 42 F INITIAL STUDY/NEGATIVE DECLARATION heavy equipment and machinery, staging areas, or building sites could also enter runoff. Typical pollutants could include petroleum products and heavy metals from equipment and products such as paints, solvents, and cleaning agents that could contain hazardous constituents. Potentially significant short-term water quality impacts could result if polluted runoff enters downstream receiving waters. The Federal Clean Water Act establishes a framework for regulating potential wafer quality impacts from construction activities through the U.S. Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) program. Construction activities that involve more than one acre are required to submit a Notice of Intent (NOI) to the Regional Water Qualify Control Board (RWQCB) obtain coverage under the General NPDES Permit for Stormwater Discharges Associated with Construction Activities issued by the State Water Resources Control Board (SWRCB). The Colorado River Basin RWQCB oversees the implementation and enforcement of the general permits. Potential water quality impacts during construction of the proposed project would be managed through the preparation of a Water Quality Management Plan (WQMP). This plan would be a joint effort of the developer, agencies, and contractor. The plan would describe the measures or practices to control pollutants during both the construction and post-construction phases of the project. A WQMP typically contains a list of target structural and non-structural best management practices (BMPs), which would be used to control, prevent, remove or reduce pollution. BMPs that are most often used during construction include sand bags, temporary desilting basins, and the timing of grading to avoid the rainy season (November through April). The SWPPP would contain BMPs that address the following areas during construction, as defined by the California Storm Water Best Management Practice Handbook: control internal erosion, good housekeeping practices, contain waste, minimize disturbed areas, stabilize disturbed areas, and control perimeter of site. Full compliance with applicable local, state, and federal water quality standards by the applicant through implementation of SC 8-1 and SC 8-2 would prevent a violation of water quality standards and/or waste discharge requirements. b) Given the negligible contribution of valley floor precipitation to groundwater recharge in the vicinity of the project site, the retention of flows originating on the project site in flow-by detention basins, and the fact that flows leaving the project site would be conveyed to the pervious Whitewater River wash, the proposed project is not expected to result in substantial changes in absorption rates, drainage patterns, or rate and amount of surface runoff such that could potentially deplete groundwater supplies. c) With implementation of the proposed project, the site would be developed with streets, structures, sidewalks, etc. reducing the amount of natural area and increasing the amount of impervious surface. The increase in impervious surface would result in a change in absorption, and runoff rates on-site; however, the proposed project would not substantially change the direction of the site drainage or quantities of off-site flows and percolation. As discussed in the project description, the project site would be divided into twelve minor drainage areas that would drain to two flow-by detention basins in the southeast corner of the project site proposed to retain excess flow produced on-site by development. Storm water retained in the basins would percolate into and/or evaporate from on-site soils. During 100 year storm events, flows produced from on-site drainage areas would result in a flow rpte of 38 cfs that would drain to the flow-by detention basins. Excess flows from the detention basins would drain directly to the Whitewater River via a proposed storm drain connecting City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative De 43 Fdo INITIAL STUDY/NEGATIVE DECLARATION the eastern-most basin to the Whitewater River when basin capacity is exceeded. Although the project would result in an increase of 13.9 cfs, it would not result in an increase in storm flows entering the surrounding street or stormwater drainage systems. The proposed project would not substantially alter the existing drainage pattern of the project site or vicinity nor would it involve the alteration of the course of a stream or river. d) See impact discussion c) of this Section Project implementation is not expected to result in flooding on-or off-site. e) Excess flows from the detention basins would drain directly to the Whitewater River via a proposed storm drain connecting the eastern-most basin to the Whitewater River when basin capacity is exceeded. The proposed project would not contribute flows to the existing stormwater drainage system and would, therefore, not result in an exceedance of stormwater drainage system capacity. f) The proposed project includes two on-site retention basins for drainage that would retain the majority of urban runoff from the project site. Any pollutants in the urban runoff from the site would be captured as the water percolates into the basin soil and would not enter the municipal storm drain system. The stormwater runoff from the site entering the Whitewater River during 100-year storm events may contain some urban pollutants; however, the amount of runoff flowing to the Whitewater River Stormwater Channel would be considered negligible and water quality impacts would be considered less than substantial. g) As discussed in the setting discussion of this Section, the project site is protected from the 100- year-flood by the levee constructed on the western side of the Whitewater River channel and is located within the B-500 Year Zone of the Whitewater River flood plain as designated on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. Therefore, the project site is not considered to be at risk of flooding during 100-year storm events. No significant impacts are anticipated. h) No structures are proposed in a 100-year flood hazard area with project implementation. No substantial effects are anticipated. i) The proposed project is not located in the vicinity of any dams or levees that could result in flooding on the project site. No substantial effects are anticipated. j) The proposed project is not located in the vicinity of any large water bodies or slopes that could present a seiche, tsunami., or mudflow hazard. No substantial effects are anticipated. MITIGATION PROGRAM Project Design Features PDF-8-1 The proposed project involves the implementation of a stormwater drainage system that would convey the runoff from the project site to the two on-site retention basins. The retention basins would ensure that the flow rate from the project site into the surrounding street and stormwater drainage systems would not increase beyond existing conditions. The ultimate size and location of stormwater facilities shall be verified by the City Engineer during final design and will meet current city design standards. City of Palm Springs Four Seasons at Palm Springs (rentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec[ 44 e T INITIAL STUDY/NEGATIVE DECLARATION Standard Conditions and Requirements SC 8-1 Prior to issuance of precise grading or building permits, whichever comes first, the applicant shall submit and obtain approval of a Water Quality Management Plan (WQMP) from the City Engineer specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures to be implemented as part of the project. The WQMP shall detail implementation of BMPs whenever they are applicable to the project, specify the long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and shall reference the location(s) of structural BMPs. SC 8-2 Prior to issuance of any grading permits, the applicant shall submit evidence to the City Engineer that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. SC 8-3 Prior to issuance of precise grading or building permits, the applicant shall pay drainage fees required by the City fee schedule. Mitigation Measures With implementation of the project design features and standard conditions and requirements identified above, no additional mitigation is required. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dect-12-- 45 ; 1 r� )� INITIAL STUDY/NEGATIVE DECLARATION IX. LAND USE AND PLANNING Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ conservation plan? Setting The current General Plan land use designation for the site (L-4) which allows for residential development of up to four dwelling units per acre. The project site is currently zoned for single- family residential development (R-1-C) which allows for an average lot size up to 10,000 square feet in size. Environmental plans or policies relevant to the proposed project include those outlined in the City of Palm Springs General Plan Land Use Element. While other planning documents or policies may also be relevant to the proposed project, the goals, objectives, and policies of the City of Palm Springs are the primary guidance for the development and use of the project site. This discussion focuses on land use. Palm Springs General Plan policies and objectives applicable to other elements are discussed in their respective sections. Goals in the Palm Springs General Plan Land Use Element focus on creating a physical environment which provides for the housing, employment, business, service, recreational, social, cultural, educational and entertainment needs of the City's residents and visitors while preserving the City's unique assets and status as a major tourist destination and business, economic and cultural center in the Coachella Valley. Policies developed in accordance with these goals pertaining to the proposed project include the following: • Policy 3.1.3 limits development, in terms of total numbers of dwelling units and ancillary uses, to the capacity of the infrastructure needed to support the City's residents and visitors safely at a maximum capacity. The proposed project would not result in an exceedonce of current capacity of the City's existing infrastructure. This issue is addressed in greater detail under Item 12, Utilities and Service Systems. • Policy 3.1.7 directs that projects respect the integrity of the district or neighborhood in which they are planned. The proposed project, a low-density residential development, would be consistent with and complementary to surrounding recreational, and low-medium density residential land uses. , City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec— 46 INITIAL STUDY/NEGATIVE DECLARATION o Policies 3.5.1, 3.5.2, and 3.5.4 direct the manner in which low-density residential uses shall be developed. The proposed project is consistent with restrictions on number of units per lot, building heights, and developed/open space ratios. The proposed project would not include any uses, or other components which would be inconsistent with the goals and objectives outlined in the respective elements of the City's General Plan. Including the dedicated park space, approximately 66 percent (15.1 acres) of the project acreage would be ,open space" (area not covered by streets or architecture), consistent with Policy 3.5, which requires a minimum of 65 percent open space within the L-4 land use designation. Land uses surrounding the project site include the Whitewater River wash to the north and east; a single-family residential complex (Four Seasons) currently under construction to the south; and vacant land and a single-family residential complex (Palm Springs Village West) currently under construction to the west. The project involves the construction of 74 single-family residential units on land that is currently vacant/undeveloped. Discussion of Impacts a) The project involves the construction of 74 single-family residential units on land that is currently undeveloped and vacant. The proposed project would represent a continuation of residential uses in the project area and would be compatible with existing development. The project would extend residential development to the north of existing development and would not disrupt or divide an established community. b) Environmental plans or policies relevant to the proposed project include those outlined in the City of Palm Springs General Plan Land Use Element. While other planning documents or policies may also be relevant to the proposed project, the goals, objectives, and policies of the City of Palm Springs are the primary guidance for the development and use of the project site. This discussion focuses on land use. Palm Springs General Plan policies and objectives applicable to other elements are discussed in their respective sections. The proposed project would have a density of 3.3 dwelling units per acre and would be consistent with the current General Plan land use designation for the site (L-4) which allows for residential development of up to four dwelling units per acre. Therefore, the proposed project would not require a General Plan amendment. The project site is currently zoned for single-family residential development (R-1-C) which allows for an average lot size up to 10,000 square feet in size. The proposed project's average lot size is 7,155 square feet; therefore, the proposed project is consistent with existing zoning. The proposed minimum lot sizes, and setbacks proposed with TTM 31525 are also identified in Section 3.1. The proposed residential project would not conflict with the existing zoning for the site. Additionally, the proposed project would be consistent with policies from the General Plan noted above. No impacts are anticipated and no mitigation is required. c) The proposed project site is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan area. The project site is located outside the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan (CVFTLHCP) fee area and payment of the $600/acre fee is not required. The Coachella Valley Association of Governments (CVAG) is currently preparing a Multiple Species Habitat Conservation Plan (MSHCP) for the Coachella Valley region. Similar to the CVFTL HCP, the MSHCP will create large interconnected preserves'for special status species and their habitats while streamlining the regulatory process outside of City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declar " 47 INITIAL STUDY/NEGATIVE DECLARATION the reserve areas. This will be accomplished by providing a means to standardize mitigation/compensation measures for species covered by the plan and satisfy applicable provisions of federal and state ESAs, CEQA, and the National Environmental Policy Act (NEPA). Measures will most likely take the form of payment of fees as a standard condition of approval for development within the fee area. A draft Environmental Impact Report/Statement (EIR/EIS) for the MSHCP has not yet been approved and fees have not been established. At present, the proposed project is not subject to the CVMSHCP fee. Therefore, the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other local, regional, or state habitat conservation plans. Project Desian Features The project does not include any design features applicable to land use and planning. Standard Conditions The project does not include any standard conditions applicable to land use and planning. Mitigation Measures The project does not include any mitigation measures applicable to land use and planning. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decicl—';^^ 48 q ,7 INITIAL STUDY/NEGATIVE DECLARATION X. MINERAL RESOURCES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Result in the loss of availability of a known mineral resource that would be of value to ❑ ❑ ❑ the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site El El ❑ delineated on a local general plan,specific plan or other land use plan? Setting The California Division of Mines and Geology (CDMG) is the state agency with the responsibility to oversee the management of mineral resources in California. The project site is located within Mineral Resources Zone 2 (MRZ-2) as designated by the City of Palm Springs General Plan and the CDMG. The MR7-2 zone consist of areas where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood of their presence exists. Significant mineral deposits known to be present in the Palm Springs area consist of sand and gravel for aggregate and/or decorative stone materials. Aggregate material is a low unit-value, high bulk-weight commodity in which transportation cost is the principal constraint defining the market area. Therefore, aggregate is not considered a mineral resource of statewide importance. Discussion of Impacts a) The City of Palm Springs contains approximately 11,000 acres of land designated for conservation in the MRZ-2 zone. The proposed project would impact approximately 23.9 acres located along the southeastern perimeter of the MRZ-2 area encompassed by the City of Palm Springs. Given the large area encompassed by the MR7-2 in relation to the area impacted by the project (less than 0.3 percent of the MRZ-2 zone encompassed by the City), the fact that the project is an extension of existing development and will not encroach substantially into the MRZ-2 zone, and the fact that the General Plan designates the site as a residential land use, the loss of availability of mineral resources on the project site is not considered substantial. b) See impact discussion a) of this Section. Protect Design Features The project does not include any design features applicable to mineral resources. Standard Conditions The project does not include any standard conditions applicable to mineral resources. Mitigation Measures The project does not include any mitigation measures applicable to mineral resources. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decla—';-- 49 c INITIAL STUDY/NEGATIVE DECLARATION XI. NOISE Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project result in: Impact Incorporated Impact Impact 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? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ® ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ® ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ ❑ ® ❑ above levels existing without the project? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport El El ® ❑ or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would the project expose people ❑ El Elresiding or working in the project area to excessive noise levels? Setting Community Noise Equivalent Level (CNEL) is a description of the noise levels that occur over a 24-hour period. CNEL is the sound level, in decibels (dB) usually measured with an A-weighting scale and denoted as dBA, that corresponds to the average energy content of sounds (or noise) measured over a 24-hour period. Certain periods within the 24-hour cycle are weighted to account for the sensitivities of humans to noise events in the evening hours: a 5 dB weighting is assigned for the period of 7 a.m. to 10 p.m. and a 10 dB weighting is assigned for noises that occur during the period 10 p.m. to 7 a.m. The City of Palm Springs noise ordinance requires that noise levels in the exterior areas of single-family residences not exceed 50 CNEL from the hours of 7 a.m. to 6 p.m.,, 45 CNEL from 6 p.m. to 10 p.m., and 40 CNEL from 10 p.m. to 7 a.m. The ordinance also requires that interior noise levels for single-family residences not exceed 40 CNEL from the hours of 7 a.m. to 10 p.m., ' and 35 CNEL from 10 p.m. to 7 a.m. Where the ambient noise level is higher than the measured noise condition, the ambient becomes the relevant standard. Note that the construction noise is exempt from these requirements, as discussed below. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 50 INITIAL STUDY/NEGATIVE DECLARATION The project site consists of undeveloped open desert immediately adjacent to the north of existing residential development. Undeveloped open desert extends from the northern perimeter of the project site (i.e., the Whitewater River berm) approximately 1.5 miles north to the Union Pacific Railway and Interstate 10 (1-10) freeway. Noise sources in the project vicinity consist primarily of vehicular traffic on Sunrise Way, residential uses, trains, and freeway traffic. Discussion of Impacts a) Short-term construction-related noise would be generated by site grading, excavation, and associated construction activities. The level of noise generated by construction activities is based upon the type of equipment, the number of each type of equipment, the time of day the equipment is used, and the percentage of the day each activity occurs. Noise generated by construction equipment and construction activities can reach high levels, ranging from 68 to 105 dBA depending on the type of equipment being used. Pile driving noise levels are the highest noise levels associated with construction. However, this project will not employ pile driving. Grading activities generally have the next highest levels of noise associated with them. At 50 feet, grading activities commonly have average noise levels (e.g., Leq noise levels) of 85 dBA with maximum noise levels as high as 95 dBA. General construction is considered to be quieter than grading operations. The some peak noise levels are often reached during general construction as during grading, but the average noise levels are 5 fo 10 dBA less. There are existing residential uses to the south and southwest of the project site. These uses could potentially experience noise levels during project construction that would exceed the City's noise standards, depending on their distance from the operating equipment. The closest residences are located to the south approximately 30 feet from the proposed grading limits. These residences are currently under construction and are blocked from the project site by an existing six-foot-high masonry block wall which would reduce construction-related noise levels. Nevertheless, noise levels during construction could exceed 85 to 95 dBA, which would be considered a substantial temporary effect if the residences are occupied during construction of the proposed project. The most effective method of controlling construction noise is through local control of construction hours. The City of Palm Springs Noise Ordinance does not allow construction activities between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, 5 p.m. and 8 a.m. on Saturdays, or at any time on Sunday or a Federal holiday, and exempts construction activities occurring at other times from the noise ordinance thresholds. Compliance with the noise ordinance (see SC 11-1) is required as a condition of issuance of grading permits and would reduce potential short-term noise impacts to a less than substantial level. MM 11-1 and 1 1-2 are proposed to further reduce the potential short-term noise impacts. b) The proposed project does not involve uses that would result in a permanent source of groundborne vibration or noise. Some temporary groundborne vibration or noise may be experienced by surrounding residences during construction. However, compliance with the noise ordinance is required as a condition of issuance of grading permits and would reduce potential short-term noise impacts to a less than substantial level. c) The proposed project would convert vacant land to residential uses and could result in a slight permanent increase in ambient noise levels for residents to the south and southwest of ' the project site. However, the noise generated by proposed residential uses is not expected to exceed the noise standards outlined in the City's noise ordinance. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl, 51 (] I r' `',lq INITIAL STUDY/NEGATIVE DECLARATION The traffic generated by the project has the potential to increase noise levels on vicinity roadways. The daily traffic volumes with the project and cumulative traffic on Sunrise Way in the vicinity of the project site would range from 4,000 vehicles (north of Four Seasons Boulevard) to 6,200 vehicles (south of Four Seasons Boulevard). The daily traffic volumes on Four Seasons Boulevard (east of Sunrise) would be 1,800 vehicles. Based on these traffic projections, and assuming no noise attenuation from existing soundwalls, the 65 CNEL noise contour would be 33.4 feet from roadway centerline for Sunrise Way north of Four Seasons Boulevard, 65 feet from the roadway centerline for Sunrise Way south of Four Seasons Boulevard, and 8.4 feet from the roadway centerline for Four Seasons Boulevard east of Sunrise Way. The 65 CNEL contour would fall primarily within the roadway right-of-way or adjacent landscaped areas. Additionally, existing walls would attenuate the noise levels from the roadway (See PDF 3-1), and the noise levels at adjacent sensitive uses (residences) would not exceed City standards. Therefore, the proposed project would not be expected to result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proposed project. d) See impact discussion a) of this Section. e) As discussed in Sections 7 and 9, the proposed project site is located within 1.8 miles of the Palm Springs International Airport. The City of Palm Springs General Plan Land Use Designation and Zoning Code are the primary guidance for the development and use of the project site. Noise effects associated with the Palm Springs International Airport were analyzed in the Environmental Impact Report prepared for the City of Palm Springs General Plan. No excessive noise levels associated with the operation of the airport are anticipated on the project site. f) The proposed project site is not located in the vicinity of a private airstrip and therefore would not expose people residing or working in the project area to excessive noise levels from the operation of a private airstrip. MITIGATION PROGRAM Project Design Features l � The perimeter wall previously described in PDF 5-1 would provide noise attenuation for residents within the project. Standard Conditions SC 1 1-1 The City of Palm Springs has adopted a Noise Ordinance which specifies that outdoor construction activities shall not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, between the hours of 5:00 p.m. and 8:00 a.m. on Saturdays, or at any time on Sunday or a Federal Holiday. These time restrictions shall be included on the contractor specifications and shall be verified by the Building Official. Mitigation Measures MM 11-1 All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Planning Director. City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declarc 52 INITIAL STUDY/NEGATIVE DECLARATION MM 11-2 Stockpiling and/or vehicle staging areas shall be located on-site and as far as practical from sensitive noise receptors, i.e., residential areas. This requirement shall be included in the contractor specifications and shall be verified by the Planning Director. II City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decla,-" 53 G T� INITIAL STUDY/NEGATIVE DECLARATION XII. POPULATION AND HOUSING Potentially Significant Potentially unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? Setting Based on SCAG 2001 RTP Baseline Projections shown in Tables 4 and 5, it is estimated that the population in the City of Palm Springs would increase by 1,442 people between 2005 and 2015, and the population in the Coachella Valley would increase by 86,080 people. Additionally, it is estimated that the number of households in the City of Palm Springs would increase by 772 between 2010 and 2015, and the number of households in the Coachella Valley would increase by 17,871. These projections assume the build-out of the current Palm Springs General Plan. The California Department of Finance (2004) projects 2.088 persons per household for single- family dwelling units within the City of Palm Springs. TABLE 4 POPULATION PROJECTIONS 46ar Palm Springs' Coachella:Vapey 2005 50,464 396,904 2010 51,191 440,301 2015 51,906 482,984 Source:SCAG,2001. TABLE 5 HOUSEHOLD PROJECTIONS Year Palm Springs Coachella Valley 2010 21,914 149,039 2015 22,686 166,910 Source:SCAG,2001. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl--'"-- 54 C. INITIAL STUDY/NEGATIVE DECLARATION Discussion of Impacts a) The California Department of Finance (2004) projects 2.088 persons per household for single- family dwelling units within the City of Palm Springs. Assuming this population generation factor, the proposed 74-unit project would generate approximately 155 new residents. Given that the proposed project is an active retirement community, the population generation factor represents a worst-case scenario due to the fact that the number of persons per household would likely be lower. As previously indicated the proposed project does not involve a General Plan amendment. Therefore, the population generated by the project is already assumed in the population growth estimates for both the City of Palm Springs and the Coachella Valley region. Based on SCAG 2001 RTP Baseline Projections, it is estimated that the population in the City of Palm Springs would increase by 1,442 people between 2005 and 2015, and the population in the Coachella Valley would increase by 86,080 people. The population generated by the project would represent approximately 10.8 percent of the projected population increase in the City and 0.18 percent of the projected population increase in the region between 2000 and 2010. The project proposes development of 74 single-family residential units on a currently vacant and undeveloped site. However, the increase in housing units and associated population growth have been assumed in growth projections for both the City of Palm Springs and the Coachella Valley region shown on Tables 4 and 5. Residential development is assumed within the current land use designation for the site. As noted above, it is estimated that the number of households in the City of Palm Springs would increase by 772 between 2010 and 2015, and the number of households in the Coachella Valley would increase by 17,871. The units implemented by the proposed project would represent 9.6 percent of the projected housing increase in.the City and 0.41 percent of the projected housing increase in the region between 2000 and 2010. Therefore, because project implementation would not result in a population increase exceeding that already approved by the General Plan, no substantial population growth is anticipated. b) The project site is currently an undeveloped lot and implementation of the proposed project would not displace housing or people. The construction of replacement housing elsewhere is not required. c) See impact discussion b) of this Section. MITIGATION PROGRAM Project Desian Features The project does not include any design features applicable to population and housing. Standard Conditions The project does not include any standard conditions applicable to population and housing. Mitigation Measures The project does not include any mitigation measures applicable to population and housing. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaim^''-- 55 INITIAL STUDY/NEGATIVE DECLARATION XIII. PUBLIC SERVICES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project result in: Impact Incorporated Impact Impact Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ® ❑ ❑ b) Police protection? ❑ ❑ ® ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Setting Fire Protection Fire protection services would be provided by the Palm Springs Fire Department (PSFD) station #443 (City station #3) located at 590 East Racquet Club Road, less than 1.5 miles (linear distance) to the southwest of the project site. The PSFD has set a maximum acceptable fire response time of five minutes. All structures built beyond the five-minute response area for each station are required by the City's Community Fire Protection Plan to install automatic fire sprinklers and other built-in fire protection equipment, as deemed appropriate by the Fire Department. Police Protection Police protection would be provided by the Palm Springs Police Department (PSPD). The police station is located at 200 South Civic Drive approximately 6.3 miles southeast of the project site. PSPD desired response times are to have 90 percent of its emergency calls responded to in 6 minutes and 90 percent of its non-emergency calls responded to in 20 minutes. PSPD has a mutual aid agreement with the Riverside County Sheriff's Department, who in turn has a mutual aid agreement with Imperial, Orange, and San Diego Counties. Additionally, PSPD and the Cathedral City Police Department also respond to calls in each others jurisdiction; however, there is no contractual agreement between the two departments for the provision of such services. Schools The project is within the Palm Springs Unified School District (PSUSD) service area which includes portions of the cities of Palm Springs, Desert Hot Springs, Cathedral City and Rancho Mirage as. well as certain unincorporated areas. Schools within the PSUSD service area include Agua City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 56 S7 INITIAL STUDY/NEGATIVE DECLARATION Caliente Elementary, Cahuilla Elementary, Cielo Vista Elementary, Katherine Finchy Elementary, Palm Springs High, Raymond Cree, and Vista Del Monte. Parks See discussion below under Section XIV, Recreation. Other Public Facilities The proposed project would not affect any other governmental services, or require new or altered governmental services. Discussion of Impacts a) The proposed project site is not within the five-minute response area for station #443. As a result, the Palm Springs Fire Department has indicated that the project would be required to install sprinklers within each residence as described in PDF 13-1. Additionally, fire flow infrastructure (i.e., fire hydrants) supplying the project site would be subject to inspection and approval by the PSFD as described in SC 13-1. Development of the project in accordance with fire department requirements (e.g., hydrant locations, water supply, fire restrictive construction, access, built-in fire protection features, vegetation management, etc.) would ensure that no new facilities or improved performance objectives would be required of City fire protection services. b) The project would result in an increased demand for police protection. Funding may be required to hire additional officers to provide protection services for the project site. The project would be developed in accordance with Section 11 (Building Security Regulations) of Chapter 8.04 of the Palm Springs Municipal Code. Additionally, implementation of SC 13-2 would provide a funding mechanism for the hiring of additional officers and purchase of equipment. The proposed project would not require construction of new police facilities that could result in substantial adverse impacts. c) The proposed project is an active retirement community and would not be expected to generate students that could increase the burden on schools serving the project area. However, pursuant to Government Code Section 65995 developer fees required by State law must be paid to provide funding for local school facilities. Implementation of SC 13-3 would require payment of school assessment fees. The proposed project would not require the construction of new school facilities to serve the project. d) See discussion under Section XIV, Recreation. e) The proposed project would not affect any other governmental services, or require new or altered governmental services. MITIGATION PROGRAM Project Design Features PDF 13-1 The proposed project includes the installation of fire sprinklers within each structure, including residential units, per direction from the Palm Springs Fire Department. The City Engineer shall verify that this feature is included in the contractor specifications prior to issuance of building permits. City of Palm Springs Four Seasons of Palm Springs (rentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration ��I 57 ����' INITIAL STUDY/NEGATIVE DECLARATION Standard Conditions of Approval SC 13-1 Prior to certification of occupation and use, the Palm Springs Fire Department shall inspect and approve project fire flow infrastructure supplying the project site. SC 13-2 The City shall have the authority to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. The developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed 500 dollars annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. SC 13-3 Prior to issuance of a building permit, the project applicant shall pay Palm Springs Unified School District the required developer fees of $0.36 per square foot as required for development of senior housing by the school district. Evidence that an agreement has been executed shall be verified by the Planning Department. Mitigation Measures The proposed project would not result in significant impacts with implementation of the above project design feature, and standard condition. No mitigation is required. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 58L�I��I � 1 INITIAL STUDY/NEGATIVE DECLARATION XIV. RECREATION Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of El N the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an El El N adverse physical effect on the environment? Setting The City of Palm Springs owns and maintains recreational facilities that would most likely be used by residents of the proposed project. Victoria Park and Desert Highland Park are the nearest facilities to the project site (one mile and 1.3 miles from the site). The Mount San Jacinto State Park is located east of the City of Palm Springs. Additionally, the privately-owned Palm Springs Country Club and golf course is located 0.25 mile to the south of the project site. Discussion of Impacts a) The City of Palm Springs has established a policy in its General Plan to provide a minimum of five acres of local recreational land, public and private, for each 1,000 residents. As previously noted the project would generate 155 new residents in the City. Based on the City's policy, the project residents would require a minimum of one acre of park land. The proposed project includes dedication of 6.1 acres in the northwestern corner of the project site to the City of Palm Springs for use as a neighborhood park. The physical impacts associated with the preparation of the dedicated park space have been addressed in this IS/MND. While project residents would likely use public recreational facilities, the project would provide a large open space/recreational area that would be used by project residents and residents in the project vicinity. Therefore, the project would not be expected to result in a substantial increase in the use of existing neighborhood and regional parks or other recreational facilities to an extent that could result in substantial physical deterioration or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. b) See impact discussion a) of this section. MITIGATION PROGRAM Project Design Features PDF 14-1 The project applicant will dedicate 6.1 acres to the City to be used as a neighborhood park. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 59 INITIAL STUDY/NEGATIVE DECLARATION Standard Conditions The project does not include any standard conditions applicable to recreation. Mitigation Measures The project does not include any mitigation measures applicable to recreation. City of Palm Springs Four Seasons at Palm Springs (tentative Tract 37525) June 2005 Initial Study/Mitigated Negative Declaration 60 91G'1Q�ni INITIAL STUDY/NEGATIVE DECLARATION XV. TRANSPORTATION/TRAFFIC Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a El ® El ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the El ® ❑ El congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible 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 transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? Setting The potential traffic impacts resulting from implementation of the proposed project were evaluated in 2005 by Urban Crossroads, Inc. (Appendix B). The proposed project would result in increased residential traffic on Sunrise Way, San Rafael Drive, and Four Seasons Boulevard, the main access routes to the project site. Based on direction from the City's Traffic Engineer, the traffic analysis focuses on potential impacts to the intersection of Sunrise Way and San Rafael Drive and the intersection of Sunrise Way and Four Seasons Boulevard. Sunrise Way is a north-south four-lane arterial which currently terminates at the entrance of the project site. Sunrise Way intersects with San Rafael Drive to the southwest of the project site at a four-way stop. San Rafael Drive is a four-lane east-west arterial which transitions into Golden Sands Drive to the east of the four-way stop intersection with Sunrise Way. Golden Sands Drive is a two-lane residential street that provides access to the Four Seasons project site to the south of the proposed project and the Golden Sands Mobile Home Park. San Rafael Drive transitions to City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl­" 61 _Ilf A`1(�`l} INITIAL STUDY/NEGATIVE DECLARATION Tramway Road to the west of the project site intersecting State Highway 1 1 1/Palm Canyon Drive approximately 1.8 miles from the project site. Traffic counts were conducted at the intersection of Sunrise Way and San Rafael Drive to determine the existing level of service (LOS), LOS is described as a value, which is associated with vehicle delay times (in seconds), where "A" is considered a free-flow condition (i.e., an average delay of less than ten seconds per vehicle) and "F" is beyond capacity (i.e., an average delay of more than 80 seconds per vehicle). It is generally recognized that LOS A through D represent acceptable intersection operations, while LOS E and F indicate a situation which is beyond capacity. As outlined in the Circulation Element of the City's General Plan, it is the City's policy to provide and maintain a minimum flow of LOS D for the City's circulation network. The existing operating condition of the intersection of Sunrise Way and San Rafael Drive was determined to be LOS B (18.1 second average delay) in the a.m. peak hour, and LOS B (19.2 seconds delay) in the p.m. peak hour. Discussion of Impacts a) Trip generation rates for single family residential and neighborhood park land uses were taken from the Institute of Transportation Engineers (ITE) publication Trip Generation, 7th Edition. The trip generation for single-family dwellings was assumed to be 9.57 daily trips per single-family dwelling unit; 0.75 trip in the a.m. peak hour and 1.01 trips in the p.m. peak hour. The trip generation for the neighborhood park was assumed to be 2.28 daily trips per acre; 0.02 trip in the a.m. peak hour and 0.06 trip in the p.m. peak hour. Based on the ITE trip generation rates, a 74-unit residential development and 6.1-acre neighborhood park project would generate a total of 722 daily trip ends of which 55 trips(14 inbound and 41 outbound) would occur during the a.m. peak hour and 74 trips(47 inbound and 27 outbound) would occur during the p.m. peak hour. The traffic volumes were added to existing trip volumes plus ambient growth volumes to evaluate the impact of the project on the intersection of Sunrise Way and San Rafael Drive and the intersection of Sunrise Way and the proposed Four Seasons Boulevard. An ambient growth rate of two percent per year was assumed and the traffic analysis included projected traffic from the Palm Springs Village West and Four Seasons residential projects currently under construction. The intersection analysis with project related traffic at the intersection of Sunrise Way and San Rafael Drive would result in LOS C in the a.m, peak hour (20.8 seconds delay) and p.m. peak hour (23.0 seconds delay). The intersection of Sunrise Way and the proposed Four Seasons Boulevard would operate at LOS B in the a.m. peak hour (12.0 seconds delay) and LOS C in the p.m. peak hour (17.9 seconds delay). Long-term analysis found that traffic conditions in the year 2020 at the intersection of Sunrise Way and San Rafael Drive would result in LOS C in the a.m. peak hour (22.6 seconds delay) and p.m. peak hour (26.6 seconds delay). Additionally, traffic conditions in the year 2020 at the intersection of Sunrise Way and Four Seasons Boulevard would result in LOS C in the a.m. peak hour (19.4 seconds delay) and LOS E in the p.m. peak hour (39.7 seconds delay). Therefore, the proposed project would result in a substantial increase in traffic at the intersection of Sunrise Way and Four Seasons Boulevard. Implementation of MM 15-1 would reduce potential impacts at the intersection of Sunrise Way and Four Seasons Boulevard to a level considered less than significant. Additionally, payment of the Transportation Uniform Mitigation Fees is required.prior to the issuance of building permits to offset the project contribution to cumulative traffic. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative E 62 INITIAL STUDY/NEGATIVE DECLARATION b) See impact discussion a) of this Section. The proposed project is consistent with the land use designation in the Palm Springs General Plan and is also consistent with the County Master Plan of Arterial Highways. Therefore, it was considered in the cumulative analyses for these documents. c) The Palm Springs Regional Airport is located approximately 1.8 miles to the southwest of the project site. However, residential development on the project site would not affect operations at the airport and not result in changes to air traffic patterns. No impacts are anticipated and no mitigation is required. d) The proposed project would not result in safety hazards from design features or incompatible uses. Stop signs are proposed within the project site along Savanna Trail at Sunny Springs Way and Fan Palm Way. Additionally, an off-street bike path is proposed along Sunrise Way. The proposed project would not substantially increase hazards due to design features. e) Emergency access to Sunrise Way would be provided by the proposed Four Seasons Boulevard by way of Savannah Trail in Tentative Tract 30054. As shown on Exhibit 4, the proposed project would provide two points of ingress/egress, one from Sunny Springs Way and a second from Fan Palm Way which connects to Savannah Trail. As identified in the project description, there would be full-turn movements into and out of the site at the entryway off Sunrise Way. Therefore, the proposed project would not result in inadequate emergency access. f) Sufficient parking would be provided for individual residential units consistent with City requirements. According to the Palm Springs Municipal Code, single-family residential development requires a minimum of two parking spaces per unit in a garage or carport. Project design incorporates two-car garages per residence with additional parking available on streets throughout the project. Therefore, the proposed project would not result in inadequate parking capacity. g) The proposed project would not conflict with adopted policies supporting alternative transportation. Public transportation is provided by the SunLine Transit Agency which runs the SunBus throughout the Cities of Palm Springs, Thousand Palms, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The closest bus stop is stop number 724 located approximately 0.5 mile south of the project site at the intersection of San Rafael Drive and Sunrise Way. Stop number 724 is served by bus line number 24 which makes three southbound stops per day. The closest northbound stop is number 721 located at the intersection of Sunrise Way and Rochelle Road approximately 1 mile south of the project site. Stop number 721 is also served by line number 24 which makes two northbound stops per day. Seven-foot parkways with five-foot sidewalks would be provided on all project streets and a ten-foot-wide meandering sidewalk within a 20-foot-wide landscape easement would be provided on the west side of Sunrise Way. The proposed project would also include a Class I bikeway within this landscape easement. Therefore, the proposed project would provide easy access to the SunLine Transit Agency services outside of the project site and would not conflict with adopted policies, plans, or programs supporting transportation. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dect—" 63 INITIAL STUDY/NEGATIVE DECLARATION MITIGATION PROGRAM Project Design Features PDF 15-1 The proposed project includes a seven-foot-wide, off-street Class I bike path and a 10-foot-wide meandering sidewalk within the proposed 20-foot wide landscape easement on the east side of Sunrise Avenue from its current terminus to the Whitewafer River Berm. Final design of the bike lane and sidewalk will be approved by the City Planning Department. Standard Conditions SC 15-1 Prior to the issuance of building permits, the project applicant shall pay the required Transportation Uniform Mitigation Fees to the City of Palm Springs. Mitigation Measures MM 15-1 For long-range future conditions (year 2020), a traffic signal is estimated to be warranted at the intersection of Sunrise Way and Four Seasons Boulevard. Since the traffic signal is warranted after the completion of the project buildouf year (2007), the project applicant will deposit the total cost of the traffic signal with the City of Palm Springs for use when the traffic signal is warranted. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec 64 INITIAL STUDY/NEGATIVE DECLARATION XVI. UTILITIES AND SERVICE SYSTEMS Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of El El ❑ existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements El ❑ ® ❑ and resources, or are new or expanded entitlements needed? (a) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to El El Elserve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes ❑ El Eland regulations related to solid waste? Setting The proposed project includes the installation of the necessary infrastructure for public utilities, as described in the Project Description. The physical impacts resulting from installation of the respective utilities have been addressed throughout this Initial Study as part of the overall impacts of the proposed project (i.e., the infrastructure lines are proposed primarily within the grading limits of the project). While the project would require the extension of existing utility lines in the vicinity of the project site (including existing lines within Sunrise Way), the project would not require substantial alterations to the existing utilities systems provided by the following utility purveyors: City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Deck INITIAL STUDY/NEGATIVE DECLARATION • Desert Water Agency (water supply) • City of Palm Springs (sanitary sewer) • Waste Management Incorporated (solid waste) The proposed project involves the development of 74 residential units. Following is a discussion of the respective utilities, including the consumption/generation impacts of the project and the ability of the purveyors to provide service. WATER The Desert Water Agency (DWA) would provide water service to the project site. The DWA water supply is obtained from groundwater wells, with supplemental water from the Metropolitan Water District's Colorado River Aqueduct. WASTEWATER Wastewater services to the project site are provided by the City of Palm Springs Department of Public Works and Engineering. The wastewater generated by the proposed project would be treated at the Palm Springs Wastewater Treatment Plant. SOLID WASTE Solid waste generated by the project site would be collected by Palm Springs Disposal Services and would be transported to the Coachella Valley Transfer Station where it is transported to the Lamb Canyon Landfill, the Badlands Landfill, or the El Sobrante Landfill. Discussion of Impacts a) Wastewater generated by project residents would be treated by facilities owned and operated by the City of Palm Springs. The wastewater treatment requirements issued by the California Regional Water Quality Control Board for the treatment plant were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area. Therefore, the residential wastewater from the project site will not cause the treatment plant to exceed these treatment requirements. The City has indicated that it has adequate capacity to treat the additional wastewater generated by the proposed project (Personal Communication with Jack Martin, City of Palm Springs). b) As mentioned in the project description, the project would be served by a water main in Sunrise Way. The DWA has indicated that it has the water main has sufficient capacity to serve the proposed project. As described in impact discussion a) of this Section, the proposed project would be served by existing wastewater treatment capacity and would not result in the construction new wastewater facilities. c) See impact discussion e) of Section 8, Hydrology and Water Quality. d) The DWA would provide water service to the project site. The proposed project would generate a demand of approximately 2.31 million gallons of water annually (assumes 260 . gallons/unit/day). The DWA has indicated that it has sufficient water supply capacity and entitlements to serve the proposed project's water needs. Consistent with General Plan policy, the project would use drought-tolerant plants for landscaping and turf would be limited to areas to be used for active recreation. Existing off-site reservoirs would serve the project's emergency and fire-flow needs. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 66 INITIAL STUDY/NEGATIVE DECLARATION e) The City Department of Public Works and Engineering has issued a "will-serve letter" that indicates that there is sufficient capacity in the Palm Springs Wastewater Treatment Plant and wastewater lines to serve the project and all existing commitments. The proposed project would generate 15,451.2 gallons of wastewater per day (assumes 208.8 gallons/unit/day as provided by the City of Palm Springs). f) Solid waste generated by the project would be transported to the Coachella Transfer Station. The Coachella Transfer Station has the capacity to accept up to 2,100 tons of waste per day for the next 20 years. From the transfer station, solid waste and recycling are transferred to the Lamb Canyon Landfill, the Badlands Landfill, or the El Sobrante Landfill. The project would generate approximately 0.37-ton per day of solid waste (assumes ten pounds/unit/day), which would be well within the daily capacity available at the Coachella Valley Transfer Station. g) Solid waste generated by the proposed project would be collected by Palm Springs Disposal Services and disposed of at the Coachella Valley Transfer Station. The proposed project would be required to comply with State of California Waste Management Act (AB 939) by providing a recycling program implemented by Palm Springs Disposal Services. The proposed project would comply with federal, state, and/or local statutes and regulations related to solid waste. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Decl,­Hi 67 INITIAL STUDYINEGATIVE DECLARATION XVII. MANDATORY FINDINGS OF SIGNIFICANCE NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Does the project: Impact Incorporated Impact Impact a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a El ® El ❑ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when ❑ ❑ ® ❑ viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ® ❑ either directly or indirectly? a) The proposed project does not involve land uses that would substantially degrade the quality of the environment. As discussed in Section 4, the proposed project would not be expected to adversely affect any fish or wildlife species or habitat such that it would drop below self-sustaining levels. As discussed in Section 4, the proposed project would not impact any rare or special status habitats or plant or animal communities. The proposed project would reduce the number of a special status plant species (i.e., the Coachella Valley milk-vetch); however, it would not restrict the range of this species and implementation of MM 4-1 has been provided to offset the impact to the individual plants of this species. As discussed in Section 5, no important examples of California history or prehistory are expected to occur on the project site. Nonetheless, MM 5-1 and MM 5-2 would ensure that historic or prehistoric resources are not substantially affected by project implementation. b) The proposed project is consistent with the City of Palm Springs General Plan Land Use Designation and Zoning Code for the project site, and as such has been analyzed for cumulative impacts by the General Plan Update Final EIR (1992). Because the project is consistent with the General Plan, it has been considered in other regional agency City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Ded 68 f Tnry INITIAL STUDYINEGATIVE DECLARATION environmental review for their respective plans, including, but not limited to, the County of Riverside Master Plan of Arterials (MPAH), the Coachella Valley PM-10 State Implementation Plan (CVSIP), and the Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP). Furthermore, where necessary, project-related effects have been analyzed cumulatively within this initial study, including under the air quality, noise, and traffic analyses. c) The proposed project does not involve uses that would cause substantial adverse effects on human beings nor does site the project in proximity to land uses that could result in substantial adverse effects on human beings. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 114913 June 2005 Initial Study/Mitigated Negative D 69 rm� INITIAL STUDY/NEGATIVE DECLARATION REFERENCES CITY OF PALM SPRINGS Gary Wayne, Interim Director of Planning Services Alex P. Meyerhoff, Planning Manager Kevin Grant, Principal Planner (Contract) David Barakian, City Engineer Marcus Fuller, Senior Civil Engineer Bob Womack, Fire Inspector K HOVNANIAN HOMES Teck Loh, P.E., Land Development Manager Valerie Frahm, Assistant Land Development Manager BONTERRA CONSULTING Joan Patronite Kelly, Managing Principal Samuel C. Stewart IV, Project Manager/Ecologist Brett Jaffe, Environmental Analyst Richard Shepard, Archaeologist HUNSAKER & ASSOCIATES IRVINE, INC. Ben Etemadi, Project Manager URBAN CROSSROADS Tom Huang, Transportation Engineer The following references were identified as sources in the environmental evaluation (Section 4). Referenced documents are available for review at the offices of the City of Palm Springs Planning and Building Department, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262: BonTerra Consulting. September 2004. Biological Assessment for the Four Seasons Residential Project. BonTerra Consulting. September 23, 2004. Phase I Cultural Resources Assessment: Four Seasons Project, Tentative Tract 31525, Palm Springs, Riverside County, California. California Integrated Waste Management Board Solid Waste Information System (SWIS) www.ciwmb.ca.,clov/SWIS/. California Department of Conservation (2001). Farmland Mapping and Monitoring Program. City of Palm Springs Department of Public Works and Engineering will-serve letter.. David J. Barakian (Director of Public Works/City Engineer), September 22, 2004. City of Palm Springs (March 1993). General Plan and Final EIR. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Dec­ 70 INITIAL STUDY/NEGATIVE DECLARATION City of Palm Springs. Municipal Code Title 18-Zoning. www.bpcnet.com/codes.htm#CA. CVAG Department of Finance (2001), Regional Housing Needs Assessment. Department of Mines and Geology (2000), Seismic Hazards Maps. Desert Water Agency will-serve letter. Woody Adams, Senior Service Planner. August 17, 2004 Earth Systems Southwest (November 2001), Report of Phase I Environmental Assessment Assessor's Parcel number 669-500-025 and 669-500-001, Palm Springs, California. Environmental Data Resources Inc. September 3, 2004. EDR Radius Map with Geocheck, Sunrise Way/San Rafael Drive, Palm Springs, CA 92262. Federal Emergency Management Agency (FEMA). Flood Insurance Rate Map #060257 0004D. July 1999. Federal Register Volume 62, Number 135. Withdrawal of the Proposed Rule to List the Flat-tailed Horned Lizard as Threatened. July 15, 1997. Federal Register Volume 66, Number 247. Notice of Reinstatement of the 1993 Proposed Listing of the Flat-tailed Horned Lizard, in the Sonoran Desert in southern California and Arizona and in Northern Mexico as a Threatened Species and the Reopening of the Comment Period on The Proposed Rule. December 26, 2001. Hunsaker& Associates (September 2004), Hydrology Analysis Tentative Tract 31525. Personal Communication with Barbara Robles, Palm Springs Unified School District (September 24, 2004). Personal Communication with Ben Matey (Senior Civil Engineer), Riverside County Waste Management Department,September 23, 2004. Personal Communication with Carl Thibault (Fire Marshal), City of Palm Springs Fire Department (September 29, 2004). Personal Communication with Commander Ron Starrs, City of Palm Springs Police Department (October 5, 2004). Personal Communication with Jack Martin (Project Manager), Palm Springs Wastewater Treatment Plant, April 26, 2005. Personal Communication with Mark Fuller, City of Palm Springs Engineering Departmenl September 28, 2004. Southern California Air Quality Management District (1999), CEQA Handbook. Southern California Edison will-serve letter. Gary Weakley (Project Manager), September 20, 2004. The Gas Company will-serve letter. Bryan Wilkie (Technical Services Supervisor), September 17, 2004. City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525) June 2005 Initial Study/Mitigated Negative Declaration 71 )Z ,0 i3 INITIAL STUDYINEGATIVE DECLARATION Urban Crossroads (September 2004). Four Seasons at Palm Springs (Tentative Tract 31525) Traffic Impact Analysis. US Department of Agriculture Natural Resources Conservation Service (1979), Soil Survey of Riverside County, California- Coachella Valley Area US Environmental Protection Agency (2000), Watershed Assessment Database www.epa.go /surf3/statesjCA. Verizon Network Services will-serve letter. Larry Moore (Engineer - Network Engineering), September 7, 2004. R:\Projects\OoAJ001\IS-061005.doc City of Palm Springs Four Seasons at Palm Springs (rentative Tract 31525) .tune 2005 Initial Study/Mitigated Negative Decl, 72 T -1s1