HomeMy WebLinkAbout2006-04-19 STAFF REPORTS 1A 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
CONDITIONALLY 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 Environmental Assessment,
adopt the draft mitigated negative declaration, and approve the project subject to
conditions of approval; and
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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 April 19, 2006, a public hearing on the application for the 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:
Section 1. A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
"The City Council finds that with the incorporation of proposed mitigation measures,
potentially significant environmental impacts resulting from this project will be reduced
to a level of insignificance 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
Council's 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 as conditioned 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
Resolution No.
Page 3
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), 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 as conditioned 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.
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.
if. 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.
Section 3. The proposed project as conditioned 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.
Section 5. The City Council approves Case Number 5.0866-B Tentative Tract Map
31525 subject to the conditions of approval attached to this Resolution as Exhibit "A."
ADOPTED this 19'h day of April, 2006.
David H. Ready, City Manager
ATTEST:
.lames Thompson, City Clerk
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:
hNOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
ODMA\PCD OMD OM216a43\1
EXHIBIT A
Case No. 5.0866-13
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
April 16, 2006
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
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.0866-13 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.
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
5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be
submitted if required.
13. 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. In light of the requirements identified in these Conditions of Approval as Number
40 under the requirements of the Engineering Department for the dedication of Lot
"G" to the City, the Developer shall not be required to contribute fees or additional
land for park and recreational purposes.
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
Conditions of Approval Case No.5.0666-B,Tentative Tract Map 31525
Page 3
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)
o 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)
o 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.
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 4
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 it 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
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
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
• Page 5
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.
CC&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.
113. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape plans,
irrigation plans, exterior lighting plans, sign program, mitigation monitoring
program, site cross sections, property development standards and other such
documents as required by the Planning Commission. Final development plans
shall be submitted within two (2) years of the approval of the 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
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 6
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.
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.
2'0. All materials on the flat portions of the roof shall be earth tone in color.
Conditions of Approval Case No.5.0866-8,Tentative Tract Map 31525
Page 7
21. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
22. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
23. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
24. 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.
Engineering Department
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 8
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
3. 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.
fi. 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.
9. 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.
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.
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 9
11. Construct driveway approaches in accordance with City of Palm Springs
Standard Drawing No. 201.
12. 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.
'13. 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.
14. 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 21/2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, 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.
SANITARY 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.
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
Conditions of Approval Case No.5.0866-13,Tentative Tract Map 31525
Page 10
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
($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
Conditions of Approval Case No.5.0866-13,Tentative Tract Map 31525
Page 11
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 public's health, safety, and welfare, to order
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.
28. Submit storm drain improvement: plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
Conditions of Approval Case No.5 0866-13,Tentative Tract Map 31525
Page 12
29. 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
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 utilities 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 utilities shall be completed prior to
Conditions of Approval Case No.5,0866-8,Tentative Tract Map 31525
Page 13
Issuance of any Certificate of Occupancy in the final construction phase, or final
eight residences, whichever is more.
34. 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 offer for dedication to the City of Palm Springs all rights, title,
and interest in Lot "G" on the final map, for open space, park, and recreational
uses, free of any covenants, conditions, or restrictions for use, and the Developer
and the HOA shall be relieved of any obligation to maintain such lot after the
subdivision is complete and the public improvements have been accepted by the
City.
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
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 14
to the Engineering Division's recommendations. The CC&R's shall be provided
prior to or 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.
45. 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.
Conditions of Approval Case No.5.0866-13,Tentative Tract Map 31525
Page 15
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 11, 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.
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.
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 16
i. 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. II and City of Palm Springs Ordinance 1570.
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.
Conditions of Approval Case No.5.0866-B,Tentative Tract Map 31525
Page 17
END OF CONDITIONS
SLOVAK BAROINT&ENWEYup
A T T O R N E Y S A T L A W
THOMAS S.SLOVAK
DAVIO L BARON ORANGE COUNTY OFFICE
1600 E.TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 650 TOWN CENTER DRIVE,SUITE 1400
MARC E EMreY PHONE(760)322-2275 FAX(760)322-2107 COSTA MESA,CALIFRONIA 92626
JASON D DARAREINER PHONE(714)435.9591 FAX(7 L4)650.9011
PETER BOCHNEWICH
BRIAN E.WHITLEY
CHARLES L.OAUAGHER
VINCENT R.WHITTAKER
BRENTS CUMMER
SUSAN W.AUSNIAN
M AUREEN F.GUINAN
EHAUN M.MUMHY � r-• ._
n "."" April 18, 2006 �- '
LUCIEN A.VAN HULK --�'•- _
7-6
MYRON MEYERS,PC
H.NEAL WELLS III J-
CIn
Hand Delivered; copy via email ca
The Honorable Mayor Ron Oden
And Members of the City Council
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Re: Council Agenda Item I.A.
K. Hovnanian's Four Seasons at Palm Springs—TTM 31525
Case No. 5.0866-B
To the Honorable Mayor Oden and Members of the City Council:
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 like to thank the City's staff
and officials in Planning and Public Works for their efforts in this project.
However, 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 you will be presented with by
Staff on April 19, 2006.
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, Mapping Condition #40 requires
this developer to dedicate 7 of 23.9 acres or 29% of this map for park purposes—without
compensation. While Hovnanian has no objection to dedication or payment of fees pursuant to
the Quimby Ordinance, the combined effect of Condition Nos. 6 and 40 are excessive, unfair and
beyond the lawful authority of the City.
GAEHsDepl\Hovnanian\Council Lelter'L 18.06.doc 6,A—Li
q 1 z oc n
The Hon. Mayor Oden
and City Council
April 18, 2006
Page 2
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 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 10 times the required dedication—
AND, as stated in Condition 97, requiring a Quimby dedication or payment in-lieu fee.
The 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.
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 has been further suggested that there
may have been a verbal agreement to the same effect. Hovnanian has respectfully requested
documentation of the foregoing suggestions and has diligently interviewed not only its own staff
and officers but City staff as well. The City has, despite several requests, provided no
documentation of any requirement or agreement to dedicate 7.0 acres in connection with prior
tract maps or PD 267. No such requirement is found in Development Standards for PD 267 or in
Conditions of Approval for the prior maps. No reference is found in the currently recommended
Conditions of Approval for TTM 31525.
Even if there were such a requirement or agreement, it should be noted that over 7.0
acres have been dedicated as private recreational facilities and open space in prior tract maps
30054 and 30058. The combined number of Dwelling Units for all three maps is 473 and the
total Quimby dedication would be 4.85 acres, substantially less than the 14 acres of combined
public/private dedication that would result from the currently required dedication.
Moreover, the City has assumed in the course of this debate that both TM 30054 and
TM 30058 were processed under the same PD 267, but, in fact, the latter map was processed as
F'D 269. There was no linkage documented between PD 267 and PD 269, and specifically no
reference to a park site. The total number of units in PD 267 is 296, which would call for an
approximate dedication of 3.04 acres, with additional credit to be given for private recreational
areas. It should be noted, however, that PD 267 and TM 30054 (as well as PD 269 and TM
30058) were filed and approved prior to the City's adoption of its Quimby Ordinance.
Accordingly, no retroactive park dedication should or could be required for or in connection with
TM 30054 or TM 30058.
0:\6usDept\Hovnanian\Council Letter 4.18.06.doe
The Hon. Mayor Oden
and City Council
April 18, 2006
Page 3
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. There is no lawful basis to require Hovnanian to dedicate 7.0 acres in connection
with TTM 31525.
With that said, Hovnanian is interested in a resolution that benefits the City of Palm
Springs, with the understanding that it not be at an unreasonable expense or delay to its
development. Hovnanian makes the following suggestions to bring the Conditions of Approval
into compliance with the Quimby Ordinance and §66477:
(a) Retain Administrative Condition of Approval #7 and delete Mapping Condition#40,
with provision that TM 31525 be conditionally approved so as to permit Hovnanian to
move forward with its project; pending submission of an amended Tentative Map which
would replace Lot G park site with residential lots and delete one or more currently
mapped residential lots so as to provide adequate access to lots on Lot G; or
(b) Revise Condition of Approval #7 to clarify that it is not a duplicative or redundant
requirement of any dedication made pursuant to Condition#40 and:
i. Provide for compensation of Hovnanian for dedication in excess of the Quimby
Requirement, with payment on dedication; or
ii.Require Hovnanian to reserve the park site with a binding agreement to purchase
the property—for fair market value—as authorized by the Quimby Ordinance and Govt.
Code § 66479 and § 66480.
Hovnanian has been patiently working with the City Attorney Doug Holland,
Assistant City Manager Tom Wilson, Planning Director Craig Ewing, as well as Planning and
Public Works staff to resolve the above issues since the Planning Commission hearing December
14, 2005. We would ask the City Council to take this four month delay into consideration and
resolve this matter quickly.
In the event the City Council requires more time and information to make this
decision, Hovnanian respectfully requests that City Council approve TTM 31525, amending
Condition #40 to provide that the Applicant and the City will continue to work to resolve
dedication and compensation issues for creation or relocation of the park site, pursuant to the
attached Agreement as to Park Land Dedication — TM 31525. A copy of this Agreement has
likewise been submitted to Doug Holland for review and approval.
We believe that this option will provide both the City and Hovnanian the
opportunity to come to a correct and fair resolution, in the event the City Council is unprepared
G\6usDept\Hovnanian\Counci1 Letter 4.18.06.doc
The Hon. Mayor Oden
and City Council
April 18, 2006
Page 4
to resolve the matter immediately. In the interim, we would encourage the Mayor and the City
Council to reconsider whether a park in this location continues to be in the public interest. We
would further encourage discussion as to whether the City's limited park funds should be
allocated to a site or a project that is better located and more in need of park space such as the
Highlands area. Please know that Hovnanian is interested in working with the City to facilitate
this decision and will be requesting the City to amend its General Plan to do so.
Thank you for your consideration.
Respectfully,
SLOVAK BA OX& EY, LLP
David L. Baron
CC: David Bruce(via email)
Joe Manisco (via email)
Damon Gascon(via email)
Valerie Frahm(via email)
Douglas Holland
Tom Wilson
Craig Ewing
James Thompson
GABnsDept\Hovnanian\Council Letter 4.18.06.doc
AGREEMENT
AS TO PARK LAND DEDICATION — TM 31525
THIS AGREEMENT is made by and between the City of Palm Springs, a
charter city ("City"), and K. Hovnanian's Four Seasons at Palm Springs, LLC, a
California limited liability company ("Hovnanian") effective this _ day of
, 2006.
RECITALS
A. On or about August 13, 2003, the City adopted a Quimby Ordinance
(Section 1632 of the City Municipal Code) pursuant to Government Code Section
66477 ("§66477"). The Quimby Ordinance requires developers to dedicate land
or pay an in-lieu fee to provide and maintain park sites within the City. Section
66477 mandates that prior to requiring Quimby dedications or payment of in-lieu
fees, the City has adopted standards for determining the appropriate dedication
or fees. The Quimby Ordinance establishes such standards. The Quimby
Ordinance and §66477 provide that dedication or in-lieu fees must bear a
reasonable relationship to the impact of the proposed development. The
ordinance establishes limits on the amount of land or fees that may be required
as a condition of the development.
B. Hovnanian is the owner and developer of a parcel of land in the City of
Palm Springs (the "Property"), which is approximately 23.9 acres and more
particularly described in Exhibit A attached hereto and incorporated herein.
Hovnanian is the applicant for Tentative Tract Map 31525 ("TM 31525") for the
Property, including 70 residential lots. TM 31525 is within PD 267, approved by
the City as Case No. 5.0866, in connection with TM 30054. Hovnanian is also
the developer of TM 30058 within the separate PD 269.
C. The General Plan adopted by the City designates a park within the
Property. Under such circumstances, but subject to the dedication bearing a
reasonable relationship to the impact of the proposed development and subject
to the limits set forth in the Quimby Ordinance, the Quimby Ordinance requires
dedication rather than payment of in-lieu fees, unless, as provided in Section
VI.A., "the City determines that dedication is not desirable as provided in this
ordinance."
D. At its regular meeting on December 14, 2005, the Planning Commission of
the City determined to recommend Tlvl 31525, subject to Conditions of Approval.
At the meeting, however, there was unresolved discussion regarding the
Conditions of Approval (Admin. #7; Mapping #40). Condition #7 requires
Hovnanian to pay a fee or dedicate land prior to issuance of building of permits,
Agreement as to Park Dedication—TM 31525 1
pursuant to the Quimby Ordinance. Mapping Condition #40 requires Hovnanian
to dedicate a seven (7) acre park site ("Lot G").
E. The City has offered no consideration to Hovnanian for the required
dedication of Lot G. The City is of the opinion that the dedication is required in
connection with two prior tract maps (TM 30054 in PD 267 and TM 30058 in PD
268).
F. Hovnanian disputes the City's legal authority and factual basis for
requiring dedication of park land in excess of what would be required under the
Quimby Ordinance without compensation for the fair market value thereof.
Hovnanian's dedication calculation for TM 31525 would be closer to 0.7 acres
than 7.0 acres.
G. Hovnanian is amenable to dedication of the park land with compensation
for excess contribution under the Quimby Ordinance, either upon dedication or
pursuant to reservation agreement (as provided in the Quimby Ordinance) or, in
the alternative, to an election by the City to determine that the park site is not
desirable.
H. Hovnanian is amenable to working with the City to facilitate development
of alternative park sites or other facilities which may be more appropriately
located to serve the needs of Palm Springs residents and to provide a better
allocation of the City's financial resources. However, timing is such that
Hovnanian is pressed to move forward with approval of its TM 31525 prior to
resolution of the Quimby Ordinance/Park Site dedication conditions set forth in
the Conditions of Approval. Hovnanian desires to enter into this Agreement with
the City to preserve both the City's right to insist upon such a dedication and
Hovnanian's rights to object to such Conditions of Approval and to what
Hovnanian perceives to be a substantially excessive, uncompensated and unfair
dedication requirement, while moving forward with its development of TM 31525.
I. The City is considering but is not prepared to determine whether it might
be in the better interest of the City and a better allocation of park resources to
amend the General Plan to remove the park site designation in TM 31525. At the
same time, the City is not willing to release Conditions of Approval requiring such
dedication unless and until resolution of the park site designation issue.
Additionally, the City continues to assert that the dedication is factually and
legally appropriate. The City desires to enter into this Agreement with Hovnanian
to permit TM 31525 to move forward for City Council approval and, upon
approval, to permit Hovnanian to move forward with development of TM 31525
subject to the provisions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
Agreement as to Park Dedication—TM 31525 2
1. All recitals set forth above are incorporated herein by reference and
are a material part of this Agreement.
2. TM 31525 was presented to the City Council on April 19, 2006 at its
regular meeting with Conditions of Approval. The City Council approved TM
31525 subject to Conditions of Approval with Condition #7 removed, regarding
payment of fees or dedication of land pursuant to the Quimby Ordinance.
Condition No. 40 remains but reference is made therein that the Condition is
subject to further negotiation between the City and Hovnanian pursuant to the
terms of this Agreement.
3. The City and Hovnanian understand and agree that except as
otherwise expressly provided in this Agreement, neither this Agreement nor
approval of TM 31525 (or any final map filed thereafter) shall be construed as a
waiver of rights or remedies by either party as to objection to or enforcement of
Conditions of Approval, including but not limited to the park site dedication
requirement or the lack of compensation therefore. This Agreement merely
suspends and tolls all requirements and timelines so that the parties can work
toward a satisfactory resolution of the issues as opposed to compelling legal
action. Upon expiration of this Agreement or termination by either party pursuant
to Section 6, below, all parties are restored to their prior positions, retaining all
rights they each had at the time of the Planning Commission Approval
(December 14, 2005), provided that Hovnanian shall be deemed to have
exhausted its administrative remedies and may thereafter pursue any and all
available judicial remedies.
4. The City and Hovnanian agree to continue discussions in good faith
to achieve a fair and lawful resolution regarding dedication or re-designation of
the park site and to possibly facilitate the development of more appropriate park
resources to serve the City and its residents.
5. In the event the parties are unable to reach agreement as to the
matters set forth in this Agreement before Hovnanian is prepared to present its
Final Map for City Approval, a Final Map may, at Hovnanian's election, be
submitted for all of the Property except reserving Lot G for potential park
purposes and subject to the following conditions:
a. The reservation of Lot G shall be subject to this Agreement
which shall be noted on the recorded Final Map and shall survive recordation of
the Final Map through final acceptance of all improvements to be dedicated to
the City (not including Lot G) and/or any other governmental entity.
b. Hovnanian shall be entitled to obtain building permits,
certificates of occupancy and other approvals required for TM 31525, without
regard to resolution of the matters set forth herein, provided other standard
conditions are satisfied.
Agreement as to Park Dedication—TM 31525 3
C. Hovnanian shall neither permanently alter nor improve said
parcel except in connection with and as reasonably convenient for the
development of the remainder of the Property, including but not limited to grading
onto Lot G, construction of an interim retention basin, and as otherwise
necessary to satisfy requirements imposed by the City, until resolution of the
matters set forth herein by agreement or final judicial order, subject to rights of
appeal.
d. Following recordation of the Final Map through final
acceptance of any improvements to be dedicated to the City (not including the
Lot G) and/or any other governmental entity, the City may elect to enforce
dedication of Lot G following not less than thirty (30) days written notice to
Hovnanian. Hovnanian shall, within such notice period, have the right to take
any and all actions Hovnanian deems necessary to contest the Conditions of
Approval and dedication requirement:, including but not limited to filing a legal
action challenging such Conditions of Approval and dedication requirement. City
waives any defense of the failure of Hovnanian to timely appeal such Conditions
of Approval and dedication requirement so long as Hovnanian commences its
appeal on or before the date thirty (30) days after Hovnanian's receipt of written
notice from the City unequivocally indicating that the City has elected to enforce
dedication of Lot G and notifying Hovnanian that it must commence appeal
proceedings, if at all, on or before the date thirty (30) days after its receipt of such
notice. Such notice shall be required to be personally delivered to the persons at
the appropriate addresses set forth below (in which event such notice shall be
deemed effective only upon such delivery), delivered by air courier next-day
delivery (e.g. Federal Express), delivered by mail, sent by registered or certified
mail, return receipt requested, or sent via telecopier, as follows:
Attn: Mr. Damon Gascon, Area President
K. Hovnanian's Four Seasons at Palm Springs, LLC
1867 California Avenue
Corona, CA 92881
Facsimile No.: (951) 520-4799
With a copy to: Attn: Joseph M. Manisco, Esq.
K. Hovnanian Companies of California, Inc.
2525 Campus Drive
Irvine, CA 92612
Facsimile No.: (949) 757-0458
Notices delivered by air courier shall be deemed to have been given the
next business day after deposit with the courier and notices mailed shall be
deemed to have been given on the third day following deposit of same in any
United States Post Office mailbox in the state to which the notice is addressed or
on the fourth day following deposit in any such post office box other than in the
state to which the notice is addressed, postage prepaid, addressed as set forth
Agreement as to Park Dedication—TM 31525 4
above. Notices sent via telecopy shall be deemed delivered the same business
day transmitted provided that an original is mailed first class postage prepaid to
the recipients.
e. Following recordation of the Final Map through final
acceptance of any improvements to be dedicated to the City (excepting Lot G)
and/or any other governmental entity, and provided the City has not moved to
enforce dedication as provided in Section 5.d. above, without limiting any
remedies Hovnanian may have under this Agreement or otherwise, Hovnanian
shall have the right to apply for a Certificate of Correction pursuant to Palm
Springs Municipal Code Section 9.63.150 to remove the reservation of Lot G or
to file and process an additional tentative map, to map Lot G with residential lots,
streets and other improvements to serve the same, and to replace Mapping
Condition #40 from the Conditions of Approval with payment of fees calculated
pursuant to and subject to the limits of the Quimby Ordinance.
f. In the event the City determines or the parties agree that the
park site will not be located within TM 31525, either a Certificate of Correction
shall be recorded or Hovnanian shall be entitled to file a separate tentative map
for Lot G, as described in Section 5.e., above. Additionally, the Conditions of
Approval shall be revised to provide that Hovnanian shall pay a fee in lieu of
dedication as calculated under and subject to the limits of the Quimby Ordinance
with respect to TM 31525 (including Lot G), which Hovnanian shall pay on or
before recordation of the Certificate of Correction or final map for Lot G, as
applicable, and that Mapping Condition #40 be removed.
g. In the event that a Certificate of Correction is to be recorded
or a separate tentative map for Lot G is filed pursuant to Sections 5.e. and 5.f.
above, Hovnanian shall be entitled to map Lot G with residential homesites in
such Certificate of Correction or tentative map, and to alter existing homesites
shown on the recorded Final Map as reasonably necessary to provide adequate
access to Lot G, and Hovnanian shall be entitled to improve the same, free of
any covenants, conditions and restrictions related to the former Mapping
Condition #40, subject to Hovnanian's satisfaction of other standard conditions of
approval, PD 267, and the Subdivision Map Act. The City agrees to process
such Certificate of Correction or tentative map in an expedited manner. Nothing
in this Section 5.g is intended to prevent Hovnanian from seeking amendment to
or revision of Conditions of Approval or standards applicable to PD 267 which
would be available to any developer or subdivision.
6. This Agreement may be terminated by either party following thirty
(30) days written notice, if to Hovnanian as provided in Section 5.d., above, and if
to the City, then to the City Manager at City Hall, 3200 E Tahquitz Canyon Way,
Palm Springs, CA 92263 or by facsimile at (760) 323-8207.
Effective the date first written above.
Agreement as to Park Dedication—TM 31525 5
n
CITY OF PALM SPRINGS K. Hovnanian's Four Seasons at
Palm Springs, LLC, a California
limited liability company
By:
David Ready By:
City Manager
Its:
Approved as to form:
Douglas Holland
City Attorney
Agreement as to Park Dedication—TM 31525 6
PALM s'''P
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Cq�/FORe`P 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 1-0 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).
ITEM NO .0
City Council Staff Report
4PwAeMw*9p*%5 -- 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 <25% 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: IFinance Director Review: ✓ ' >
No fiscal impact.
s
City Council Staff Report
Je�0) 6,0088 -- Page 3
TTM 31525
JO
Haig .�uviny A( P Thomas Wils Assistant City Manager
Dire of P�nni Services
David H. Ready, City fM ager
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 N
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F• _,_ Vicinity Map
Ttroxt`� S
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Legend
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Site V
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SAN RAFAEL RD
CITY OF PALM SPRINGS
CASTE 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.
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:
Section 1. A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
The City Council finds that with the incorporation of proposed mitigation measures,
potentially significant environmental impacts resulting from this project will be reduced
to a level of insignificance and therefore adopts a Mitigated Negative Declaration for the
project. The City Council has independently reviewed and considered the information
curtained 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.
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.
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.
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.
Section 5. The City Council approves Case Number 5.0866-B Tentative Tract Map
31525.
ADOPTED this 181h day of January, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 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.
Conditions of Approval Case No.5.0866-B,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
5. 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
Conditions of Approval Case No 5.0866-B,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
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.
. 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)
o 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)
o 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 5.0866-13,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.
CC&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.
113. 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.
21. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93,03.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
22. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
23. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
24. 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.
23. No more than 70 single family dwelling units shall be developed within the
subdivision.
Engineering 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-B,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
3. 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.
9. 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.
12. 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.
13. 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.
14. 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'/2 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.
SANITARY SEWER
1fi. 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.
2:3. 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
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 public's 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.
213. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
29. 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
Conditions of Approval Case No.5.0866-13,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.
34. 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.
Conditions of Approval Case No.5 0866-13,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
45. 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 ll, 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.5.0666-B,Tentative Tract Map 31525
Page 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.5.0866-13,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
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c'90FORN,P 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
APN: 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.
0027
Planning Commission Staff Report December 14,2005
5.0866-13 Hovnanian Four Seasons TTM 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.
Table 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),
PDA 16 A, PD-219,
PD-269
Planning Commission Staff Report December 14,2005
5.0866-B 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. per 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'l. 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 Land Use
Objective 3.3c (development of park facilities related to residential areas). The
UQ07119
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.
00130
Planning Commission Staff Report December 14,2005
5.0866-8 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 properly 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)
U031
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)
NIM 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-B 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.
C
�
Ed and O. Robertson
Principal Planner
�g,A. Ewing, LEI P
Direstor'of Planning Services
ATTACHMENTS:
1. Vicinity Map
2. Tentative Tract Map 31525 and Elevations
3. Draft Resolution / Conditions of Approval
4. Mitigated Negative Declaration
HAUSERS\PLAW.0866 4-Seasons\TTM 3152515.0866-8 PO PC Staff Report 12.14.05[2005-1201].doc
0033
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.
He 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 3rtl
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 0034
FQAAM sa
City ®f Palm Sprigs
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Office of the City Cleric
* ryC�ROORptEO E9A4 � 3200 E.Tahquicz Canyon Way • Palm Springs, California 92262
V �P Tel: (760)323-8204 • Pax: (760)322-8332 • Web: www.ci.palm-springs ca.us
q�6FORa
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.
James Thompson
City Clerk
H:\USEWC-CLK\Hearing Notices\NOTICE OF CONT- K Hovnanian(FourSeasons) cont to 03-15-06.doc
Post Office Box 2743 a Palm Springs, California 92263-2743 V�' S
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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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 Whifewater River wash to the north and east.
Project Sponsor's Name and K Hovnanian Companies 2465 Campus Drive
Irvin
Address: e, CA 92612
General Plan Desi nations : L-4
Zoning: R-1-C
Contact Person: Kevin Grant
Phone Number: 760 323-8245
Date Prepared June 2005
City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
T �au�
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. I I6A (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 quality 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 of Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
2
U0flo 7
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-I Lots Minimum'Setbacks - 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
Recreafion/Open Space
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 of Palm Springs (Tentative Tract 31525)
.Lune 2005 Initial Study/Mitigated Negative Declaration
3
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
tree 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, water, 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 8 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) in
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 Declaration
4 VW7,10
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
It 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 (PM1o) fugitive dust plan would be
required by the South Coast Air Quality Management District (SCAQMD). Cut and fill would be
balanced onsite and there would be no need to import or export soil. Construction staging
would occur onsite.
Other public agencies whose approval is required:
California Department of Fish and Game
Colorado River Basin Regional Water Qualify 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 Qualify
® Biological Resources ® Cultural Resources ❑ Geology/Soils
Hazards & Hazardous
❑ Materials ® Hydrology/Water Quality El 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 Declaration
5 0021110
y� INITIALS STUDY/MITIGATED NEGATIVE DECLARATION
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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.
® 1 find that although the proposed project could have a significant effect on the
environment there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
❑ 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
City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
s 00'14
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 info 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 Declaration
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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)
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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 El El Eloutcroppings, and historic buildings within a IN
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 Afhel 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 Declaration
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
- a+
View A: View from western portion of site facing north and northeast.
View B: View from Gene Autry Drive facing west toward the project site.
Project Site
I
B
A
1 � IXICV F� ! 'CLA
Photo Locations
Viewshed Photos Exhibit 4
CONS ULTI N•G
City of Palm Springs Four Seasons at Palm Springs (rentative Tract 37525)
June 2005 Initial Study/Mitigated Negative Declaration
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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 San 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)
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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 Declaration
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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 N
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use?
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 Declaration
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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 Declaration
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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 El ❑
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 ❑ El ® ❑
pollutant concentrations?
f) Create objectionable odors affecting a El El ® ❑
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-aitainment area for national ambient standards of ozone (03) 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. PMia 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
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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
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
TABLE 2
PROJECT CONSTRUCTION EMISSIONS
(MAXIMUM POUNDS/DAY)
90, 'l VOC' NOxI 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)
OC NQx Sox, ' P,Mio.,..
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 of Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
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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
Protect 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 I 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)
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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 at Palm Springs (Tentative Tract 31525)
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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 El El ❑
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 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 1 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)
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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 dumoso), four-winged saltbush
(Atriplex canescens), California croton (Croton colifornicus), indigo bush (Dalea californica),
desert tea (Ephedra californica), boxthorn (Lycium sp.), Spanish needles (Polafoxia arida),
sandpaper plant (Petalonyx thurberi), phacelia (Phocelia 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 barbota),
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-failed lizard (Callisourus draconoides), side-blotched lizard
(Uta stansburiona), long-tailed brush lizard (Urosaurus grociosus), western whiptail (Aspidoscelis
Tigris), shovelnose snake (Chionactis occipitolis), coachwhip (Masticophis 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
melanoleucus), California glossy snake (Arizona elegans), long-nosed snake (Rhinocheilus
lecontei), 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 corox), barn swallow (Hirundo
rustica), northern mockingbird (Mimus polyglottos), greater roadrunner (Geococcyx
californianus), great-tailed grackle (Quiscolus mexicanus) and house finch (Corpodacus
mexicanus). Other year-round resident desert species potentially occurring on the project site
include black phoebe (Sayornis nigricans), western meadowlark (Sturnella neglecta), 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
virginianus), and western screech owl (Otus kennicottii). However, no raptor nesting habitat is
present on the project site.
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Common mammal species observed on the project site during the survey include black-tailed
jackrabbit (Lepus californicus) 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 (Choetodipus
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. coachellae), 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 it 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
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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. If 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 (Stenopelmatus cahuilaensis), flat-tailed
horned lizard (Phrynosoma mcalli), Palm Springs pocket mouse (Perognathus 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
I
The Palm Springs pocket mouse (Perognathus 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.1. brevinasus), Jacumba pocket mouse
(P.L internationalis), and little pocket mouse (P.I, longimembris). Generally, this subspecies'
habitat is described as having level to gently sloping topography, sparse to mod6rate
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vegetative cover, and loosely packed or sandy soils. Although the project site contains
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 tereticaudus 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 hypugaeo) 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
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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 to 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
Project Design Features
The project does not include any design features applicable to biological resources.
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
i
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.
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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 ❑ ❑
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.
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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
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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).
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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 El Eltopsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in ❑ ® ❑ ❑
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code El ® El 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„
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•a Nevada (6.0/1908) South Death ey
Fault ♦ Fault
(6 0/1946)
1hite wolf
Fault (6.1/1916)
(7 5/1952)
952) a4<<ti
c
(6.611947) /
Lenlvood Fault
tow
Helendale
s r Fault Ludlow Fault
.� re
Pisgah Fault
(6.0/189)'44�+,San Be r O (7.3/1992)
4) (6. 456 (6.1/1992)
♦
m'
(6.2/1966) .+ C�r.,. 1(6.2/1992)
±wood 4,z oy\ (6.4/1899) 0I7948) Pinto Mountains
ge% Q4! ` (fl8/1918) RjDjFarrlt Blythe
Q..,
6.2 33) : r ?ro (6.5/189C)
dos Verdes -A, SITE
Fault r —\
(6.0/16) .�
P Cstalrna Rio
Island - ee, _ ` Salton
! (6a/1692) Sea
! A (6.5/1987)
Cristrpnit ¢ Imperial
Fault +��,+ (6.2/1906) Valley
Fault
Newport-Inglewood (6.5/1968) B 0/1915 Yuma
( ) G.9/1940
Ih Clemente r
( )
Fault(offshore) 4119
l;land"
San Meg
� � —La Nacdon
(6.01166 1 Fault `m�`� /(7.0/1892)
'San Clemente - -
Fault
Rose Canyon
- Fault
l_.�� - - ---'— -'-'--
Regional Fault Map Exhibit 5
Legend"
e xnoee Earthquake Magnitude and ❑ Approximate Location
Earthquake
Date Magnitude
Active Fault1�1 Inactive Fault offlupture Lanes
CON 5 U L T I N G
Scale llnch=75 miles All locations areapproxlmale
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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) 1) 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.
11) 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
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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 mudflows 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.
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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.
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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 to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the ❑ ❑ ® ❑
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or ❑ ❑ Elwaste 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
El
safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety El El Elhazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or ❑ ❑ ❑
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to ❑ ❑ ❑
urbanized areas or where residences are
intermixed with wildlands?
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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 to 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
i
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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 the project site beyond that which exists for
other residences in Zone C within the City of Palm Springs.
t) 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.
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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 El ® El El
requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater 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 stormwater drainage systems or ❑ ❑ ® ❑
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water El El ® ❑
quality?
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard 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?
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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, ❑ ❑ ® ❑
including 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, stormwater 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
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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 water 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 Quality 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 desilfing 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 d flow rote
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
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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 (r-EMA) 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.
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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.
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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 exceedance 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. ,
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• 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 (11-4) 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
10,000square 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 sireamlining the regulatory process outside of
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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 fake 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.
Prolect Design 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.
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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 ❑
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 MRZ-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 MRZ-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.
Project 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.
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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 ❑ ❑ ❑
residing 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.
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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 same peak noise
levels are often reached during general construction as during grading, but the average
noise levels are 5 to 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 11-2 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.
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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
The perimeter wall previously described in PDF 5-1 would provide noise attenuation for residents
within the project.
Standard Conditions
SC 11-1 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.
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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.
III
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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
, 'Year Palm Springs '. Coactielld:Vdlley,
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.
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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 Design 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)
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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)
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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 II (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.
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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 of 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.
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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 El El z
the facility would occur or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
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.
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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.
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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
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 ❑ ® ❑ ❑
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a ❑ ❑ ❑
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous El El Elintersections) 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
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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, 7rh
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)
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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 Declaration
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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
Whitewater 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 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.
City of Palm Springs Four Seasons at Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
64 $ jl�
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 ❑ Elexisting facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements El ❑ ® Eland resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to ❑ ❑ ❑
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid ❑ ❑ ❑
waste disposal needs?
g) Comply with federal, state, and local statutes El El
and 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)
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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 Dist(ct'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)
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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 Declaration
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01f"IV2
INITIAL STUDY/NEGATIVE 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 ❑ ® ❑ Elplant 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 Declaration
68 ViM
INITIAL STUDYNEGATIVE 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 31525)
June 2005 Initial Study/Mitigated Negative Declaration
69
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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._qov/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 of Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
70
01 4'11'!71
INITIAL STUDY/NEGATIVE DECLARATION
City of Palm Springs. Municipal Code Title 18-Zoning. www.br)cnet.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 Storrs, 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 Department
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
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.gov/sui-f3/states/CA.
Verizon Network Services will-serve letter. Larry Moore (Engineer - Network Engineering),
September 7, 2004.
R\Pr0j..k\KHov\J001\ISW1005.doc
City of Palm Springs Four Seasons of Palm Springs (Tentative Tract 31525)
June 2005 Initial Study/Mitigated Negative Declaration
72
i
I
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�` -�'2 City ®f Palm Springs
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Office of the City Cleric
3200 E. Tah9 Y uirz Canon Way � Palm Springs, California 92262
� �Raoreareo^9� �
O �P Tel: (760) 323-8204 • Fax (760)322-8332 • Web: www.a.palm-springs.ca.us
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the regular meeting of April 5, 2006, Public Hearing Item No.
1.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:
On April 5, 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., April 19, 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., April 6, 2006, as required by established
policies and procedures.
J 'mes Thompson
City Clerk
1`
H:\USERS\C-CLK\Hearing Notices\NOTICE OF CONT- K Hovnanian(FourSeasons) cont to 04-19-06.doc
"!.
Post Office Box 2743 0 Palm Springs, California 92263-2743 _�; $