HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 1C Amend Section 3 of Resolution for H&H Investments (Agenda Item 1.C) to read:
3. Approve Case Number 5.1025 and Planned Development District 307,
subject to the Conditions of Approval described on Exhibit A.
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°FOR CITY COUNCIL STAFF REPORT
DATE: MARCH 15, 2006 PUBLIC HEARING
SUBJECT: TAHQUITZ PLAZA CASE NO. 5.1025, PLANNED DEVELOPMENT
DISTRICT 307 FOR A RETAIL SHOPPING CENTER ON AN
APPROXIMATELY EIGHT-ACRE SITE, LOCATED AT THE
NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE
WAY WITHIN THE SECTION 14 SPECIFIC PLAN AREA
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider the proposed development and operation of a retail
shopping center containing approximately 94,000 square feet of retail space in four
commercial structures on eight acres, along with the environmental assessment and
negative declaration for the project. The proposed project is located at the northwest
corner of Sunrise Way and Tahquitz Canyon Way.
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, APPROVING CASE NUMBER 5.1025
AND PLANNED DEVELOPMENT DISTRICT 307, FOR THE DEVELOPMENT
AND OPERATION OF A RETAIL SHOPPING CENTER CONTAINING
APPROXIMATELY 94,000 SQUARE FEET OF RETAIL SPACE IN FOUR
COMMERCIAL STRUCTURES, ALONG WITH APPURTENANT SITE
DEVELOPMENT AND LANDSCAPING, ON AN APPROXIMATELY EIGHT-
ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF SUNRISE
WAY AND TAHQUITZ CANYON WAY, SECTION 14, T4S, R4E, SBBM."
Item No. 1 . C .
City Council Staff Report
March 15,2006 -- Page 2
5.1025 PD-307
STAFF ANALYSIS:
On January 25, 2006, the project was reviewed by the Planning Commission which
adopted a favorable recommendation to City Council (by a vote of 6-0, 1 Absent).
Pursuant to Section 94.03.00 (A) of the Zoning Code, a planned development district
(PD) may be approved in lieu of a change of zone as specified in Section 94.07.00. The
PD is needed for this project so that relief from several development standards can be
achieved. The primary development standards from which relief is sought are land
uses, maximum building heights, and degree of landscaping.
Table 1: Comparison of Zoning Code Requirements and Proposed PD Standards
Specific Plan Topic RA Zone Requirement Proposed PD Standard
Uses Retail. Grocery and Pharmacy with Retail, Grocery, and
a hotel or a Conditional Use Permit Pharmacy uses permitted
Maximum Height 30 Feet Varied: Parapet 22' avg,
Tower Roofs to 37.5'
Landscaping on site 30% 18%, including a Type 2
Gateway Feature
The Section 14 Specific Plan provides that specialty grocery stores and pharmacies are
permitted as part of a hotel or by Conditional Use Permit, and that other uses are
permitted if they are found consistent with the intent of the RA (Resort/Attraction) land
use classification by the Planning Commission. The project proposal includes both
these uses. The Planned Development District provides a mechanism for
accommodating these variations from ordinary development provisions.
The Specific Plan provides that the maximum building height for this type of
development is 30 feet, and the proposed project includes two architectural features
with heights in excess of 30 feet. These features are the "tower" roofs over the
entrances to the major tenants of the anchor tenant building, shown as a grocery store
and a pharmacy. These towers roofs have heights of 31.5 feet and 37.5 feet. Other
rooflines vary, but are less than 30 feet in height, with a common height of about 22
li feet.
Section 6.2.14 of the Section 14 Specific Plan provides that on-site landscape areas
comprise at least 30 percent of the site. The project proposes eighteen percent,
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including a Type 2 Gateway Feature.
A more detailed analysis can be seen in the attached Planning Commission Staff
Report dated January 25, 2006. Findings in support of approving the' proposed
subdivision are included in the attached draft resolution of approval.
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City Council Staff Report
March 15,2006 -- Page 3
5.1025 PD-307
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.
aig ng, AI "Thomas Wilso ssistant City Manager
Director Plan mg Services
David H. Ready, CiVl ger
Attachments:
1. Vicinity Map
2. Proposed PD Resolution and Conditions of Approval
3. Reduced Site Plans and Elevations
4. Planning Commission Staff report dated 1125/06
5. Planning Commission Minutes dated 1/25/06 (Excerpts)
6. Conditions of Approval from the ACBCI dated January 26, 2006
7. Copy of Initial Study and Mitigated Negative Declaration
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Department of Planning Services W N E
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CITY OF PALM SPRINGS
CASE NO: 5.1025 PD-307 DESCRIPTION: Application by H & H Investments, LLC for
a proposed Planned Development District 307 and the
APPLICANT: H & H Investments, LLC development and operation of a 94,000 square foot
Tahquitz Plaza/Vons shopping center at the northwest corner of Tahquitz Canyon
Retail Center Way and Sunrise Way, Zoned RA, Section 14. APN: 508-
070-042, 508-070-035.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE
NUMBER 5.1025 FOR THE DEVELOPMENT AND
OPERATION OF A RETAIL SHOPPING CENTER AND
AMENDING THE ZONING MAP BY APPROVING
PLANNED DEVELOPMENT DISTRICT 307, FOR THE
APPROXIMATELY EIGHT-ACRE PROPERTY LOCATED
ON THE NORTHWEST CORNER OF SUNRISE WAY AND
TAHQUITZ CANYON WAY, SECTION 14, T4S, R4E,
SBBM.
WHEREAS, H & H Investments, LLC (the "Applicant") has filed an application with the
City pursuant to Section 94.03.00 of the Palm Springs Municipal Code, for
establishment and development of Planned Development District 307; 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 Planned Development District 307 and project architectural
approval was given in accordance with applicable law; and
WHEREAS, on January 25, 2006, a public hearing on the application for project was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented, and has
recommended that the City Council adopt the Mitigated Negative Declaration, and
approve Case Number 5.1025, consisting of Planned Development District 307 and
project architectural design; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider said Case Number 5.1025 was given in accordance with applicable law; and
WHEREAS, on March 15, 2006, a public hearing on the application for project was held
by the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
Resolution No.
Page 2
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 found that with the incorporation of proposed mitigation measures,
potentially significant environmental impacts resulting from this project will be reduced
to a level of insignificance. The City Council has independently reviewed and
considered the information contained in the MND prior to its review of this Project and
the MND reflects the City Council's independent judgment and analysis.
Section 2: Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the
City Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the
Palm Springs Zoning Code.
The proposed planned development is consistent with the goals and objectives of
the RC Resort Commercial General Plan designation which governs the subject
property as well as the properties adjacent to the west side of the subject site
and to the south, across Tahquitz Canyon Way. The project site and the other
properties on the corner of Tahquitz Canyon Way and Sunrise Way are also
designated as NCC (Neighborhood Convenience Center).
Objective 3.22 of the General Plan is to utilize the RC land use designation for
resort commercial activities while including commercial activities compatible with
neighboring development and providing a broad range of commercial facilities.
Policies 3.22.1 and 3.23.1 seek accommodation of a full diversity of commercial
uses, including food and other sales that provide for day-to-day needs of nearby
residents and visitors. The proposed project offers commercial development that
suits that objective and policy by providing large and small retail spaces within a
site that will have special landscape and hardscape features.
The proposed project is also consistent with the Section 14 Specific Plan.
Section 9.1.3 of the Specific Plan recognizes that Planned Districts allow
departures from strict provisions of zone classifications while providing flexibility
for compatible land uses. The proposed project conforms to most development
standards provided by the Specific Plan, with the Planned Development District
allowing flexibility to provide varying building heights and articulated silhouettes,
flexibility to provide Gateway features rather than simple landscaping mass, and
flexibility to provide a broader range of commercial uses.
Resolution No.
Page 3
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
The project site is relatively flat, bounded on three sides by streets, and can
accommodate the commercial uses envisioned by the General Plan and Section
• 14 Specific Plan, and the proposed development. Access is available to three
streets. The eight-acre site is large enough that the proposed building area,
including that for both current and future buildings, covers 26 percent of the site,
allowing parking that exceeds minimum requirements and hardscape amenities
such as enhanced pedestrian access and an area gateway feature. Adjacent
uses are separated from the project site by parking areas and streets, and the
project is designed to contain most internal traffic within the central part of the
project site.
C. The proposed establishment of the planned development district is necessary
and proper, and is not likely to be detrimental to adjacent property or residents.
A planned development district is necessary to accommodate the proposed type
of commercial development incorporating varying building heights, hardscape
and landscape features consistent with the Tahquitz Canyon Way corridor, and a
full range of commercial uses. The development is not likely to be detrimental to
adjacent property or residents because the proposed commercial uses are not
substantively different than those already envisioned by the General Plan,
Section 14 Specific Plan, or the Zoning Ordinance. The proposed development
is focused primarily toward Tahquitz Canyon Way and Sunrise Way. The hotel
development to the west is separated from the project site by a parking area
serving the hotel. The office use to the north is across Andreas Road, and the
multiple-family housing development to the north and northwest is across
Andreas Road, is focused primarily to inner access courts, and has access to the
neighborhood street grid along Andreas Road and Hermosa Drive.
Section 3. Pursuant to Section 94.07.00 of the Palm Springs Zoning Resolution, the
official zoning map of the City of Palm Springs, referred to herein, is hereby amended to
apply Planned Development District onto the proposed project site that is zoned RA.
The parcel of property legally shown on Exhibit A is approved for Planned Development
District 307, specifically for the eight-acre property located on the northwest corner of
Sunrise Way and Tahquitz Canyon Way, Section 14, T4S, R4E, SBBM.
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Resolution No.
Page 4
ADOPTED, this 15th day of March, 2006.
MAYOR
ATTEST:
City Clerk
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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 Palrn Springs on March 15, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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EXHIBITA
Case No. 5.1025 •- PD-307
Tahquitz Plaza /Vons Retail Center
Northwest Corner of Tahquitz Canyon Way and Sunrise Way
CONDITIONS OF APPROVAL
March 15, 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 5.1025 PD-307. The City of
Palm Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance
funds to pay for defense of the matter by the City Attorney. If the City of Palm
Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, sheiIl not
cause a waiver of the indemnification rights herein.
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Conditions of Approval Case No. 5.1025 - PD-307
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. Pursuant to Fish and Game Code Section 711.4, a filing fee of $64.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed by the City and two copies filed with the County
Clerk. This application shall not be final until such fee is paid and the Certificate of
Fee Exemption is filed. Fee shall in the form of a money order or cashier's check
payable to Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the 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.
6. As the property is Indian trust land, fees as required by the Agua Caliente Band
of Cahuilla Indians Tribal Council shall be paid prior to consideration of this
project by the Planning Commission.
7. Prior to issuance of the first certificate of occupancy, the applicant shall install
and operate an electronic shopping cart theft system to prevent shopping carts
from being removed from the property to the satisfaction of the Director of
Planning Services. The ongoing maintenance and operation of the electronic
shopping cart theft system shall be provided for in the CC&Rs for the site.
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 negative declaration or EIR will be included in the plans prior to
Conditions of Approval Case No. 5.1025 - PD-307
Page 3
Planning Commission consideration of the environmental assessment. Mitigation
measures are as follows:
MM III-1 The maximum vehicle speed limit on unpaved surfaces of the
project site shall be 15 mph.
MM III-2 Construction operations affecting off-site roadways shall be
scheduled for off-peak traffic hours and shall minimize obstruction
of through-traffic lanes.
MM III-3 Paving activities on-site shall not occur simultaneously with the
peak construction activity on-site to ensure that daily emissions of
NOx associated with off-road diesel construction equipment will not
exceed the SCAQMD threshold of significance.
MM V-1 If potential historic, archaeological, or paleontological resources are
uncovered during excavation or construction activities at the project
site, work in the affected area will cease immediately and a
qualified person (meeting the Secretary of the Interior's standards
(36CFR61)) shall be consulted by the applicant to evaluate the find,
and as appropriate recommend alternative measures to avoid,
minimize or mitigate negative effects on the historic, prehistoric, or
paleontological resource. Determinations and recommendations by
j the consultant shall be implemented as deemed appropriate by the
City, in consultation with the State Historic Preservation Officer
(SHPO) before any further work commences in the affected area.
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MM V-2 If human remains are discovered, work in the affected area shall
cease immediately and the County Coroner shall be notified. If it is
determined that the remains are potentially Native American, the
California Native American Heritage Commission shall be notified
and appropriate measures provided by State law shall be
implemented.
MM XI-1 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall
be equipped with shrouds.
MM XI-2 Stationary equipment shall be placed such that emitted noise is
directed away from noise-sensitive receptors.
MM XI-3 Stockpiling and vehicle staging areas shall be located as far,as
practical from noise-sensitive receptors.
MM XI-4 Every effort shall be made during construction activities to create
the greatest distance between noise sources and noise-sensitive
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• Conditions of Approval Case No. 5.1025 - PD-307
Page 4
receptors located in the vicinity of the project site.
MM XI-5 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
MM XI-6 Parking, refueling and servicing operations for all heavy equipment
and on-site construction vehicles shall be located as far as practical
from existing homes.
MM XV-1 To ensure compliance with City access and design standards, the
final building and parking layout, and site access design shall be
subject to the review and approval of the City Traffic Engineer as
part of the development review process.
MM XV-2 Clear unobstructed sight distance shall be provided at all
unsignalized site driveways on master planned streets.
MM XV-3 The project proponent shall coordinate with SunLine Transit
Agency and the Agua Caliente Planning Building and Engineering
Department regarding the need for public transit facilities on-site
such as transit route maps and a shuttle/bus stop.
MM XV-4 The project proponent shall be required to contribute to the cost of
• project related circulation improvements required as conditions of
approval on Andreas Road on the north side of the project, at the
intersection of Andreas Road and Sunrise Way, on Sunrise Way
between Andreas Road and Tahquitz Canyon Way, at the
intersection of Sunrise Way and Tahquitz Canyon Way, on Sunrise
Way south of Tahquitz Canyon Way to accommodate
improvements to that intersection, and on Tahquitz Canyon Way
along the south side of the project, all as specified by the City
Engineer for the purpose of mitigating impacts from the increase in
traffic related to this project.
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.
Final Design
10. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to issuance
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Conditions of Approval Case No. 5.1025 - PD-307
Page 5
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.
11. Final landscaping and irrigation plans shall include a Type 2 Gateway feature
consistent with that shown as Figure 5-19 of the Section 14 Specific Plan to the
satisfaction of the Agua Caliente Tribe, the Public Works Director, and the
Director of Planning Services.
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall include
curvilinear sections of wall, at least four feet in height, constructed of one or more
materials contained by the adjacent buildings, substantially as shown on the
approved site plan, to provide additional screening of the parking lot from the
streets, to the satisfaction of the Director of Planning Services.
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
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 City Council approval of the
preliminary planned development district.
14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
i 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.
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
j 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
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Conditions of Approval Case No. 5.1025 - PD-307
Page 6
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
I 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.
20. All materials on the flat portions of the roof shall be earth tone in color.
21. All awnings shall be maintained and periodically cleaned.
22. 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.
23. 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.
24. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
25. 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.
Conditions of Approval Case No. 5.1025 - PD-307
Page 7
26. The street address numbering/lettering shall not exceed eight inches in height.
27. Submit plans meeting City standards for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
28. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
29. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
30. Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
31. The project shall comply with the City of Palm Springs Transportation Demand
Management (TDM) Ordinance which establishes transportation demand
management requirements for the City of Palm Springs. Refer to Chapter 8.4 of
the Municipal Code for specific requirements.
32. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
33. The applicant shall provide all tenants with Conditions of Approval of this project.
34. Loading space facilities shall be provided in accordance with Section 93.07.00 of
the Zoning Ordinance. Said facilities shall be indicated on the site plan and
approved prior to issuance of building permits.
35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be
18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking
space; two (2) handicap spaces can share a common walkway. One in every
eight (8) handicap accessible spaces, but not less than one (1), shall be served
by an 8 foot walkway on the right side and shall be designated as "van
accessible".
36. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the building
due to the future grading plans for the property.
Conditions of Approval Case No. 5.1025 - PD-307
• Page 8
37. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
38. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
39. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
40. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
i provided every 10 parking spaces. Additional islands may be necessary to
comply with shading requirements.
41. Shading requirements for parking lot areas shall be as set forth in Section
93.06.00 of the Zoning Ordinance shall be met. Details shall be provided with
final landscape plan.
42. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
43. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to
end parking spaces or end spaces shall be increased to eleven (11) feet wide.
44. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
Engineering Division
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. When public dedications of easements or rights-of-way over Tribal Allottee or
Tribal Trust land are required, the applicant shall be responsible for compliance
Conditions of Approval Case No. 5.1025 - PD-307
Page 9
with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining
appraisals and payment of just compensation to the underlying owner. It is the
applicant's responsibility to determine what additional costs or other
requirements may be necessary to obtain any required public dedications as
identified by the City for this development. Required public dedications for
easements or rights-of-way are perpetual and shall have no term or duration;
dedications of easements or rights-of-way restricted to a duration or term, or
made in connection with an underlying Indian Land Lease, shall not be accepted.
4. Upon completion of required improvements by the applicant, and as a condition
of acceptance by the City Engineer, the applicant shall prepare for the City
Engineer's approval an Affidavit of Completion in accordance with Section
169.16, Title 25, of the Code of Federal Regulations, for any improvements
constructed by the applicant for which an easement was dedicated to the City
through the Bureau of Indian Affairs. The Affidavit of Completion shall be
! provided to and approved by the City Engineer prior to final acceptance of the
project, including issuance of a final certificate of occupancy. The applicant shall
be responsible for obtaining the necessary form for the Affidavit of Completion
from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it
completed as necessary by the applicant's Engineer of Record.
TAHQUITZ CANYON WAY
5. Dedicate easements, as necessary, for sidewalk improvements along the entire
frontage.
6. Remove any existing driveway approaches and construct new curb and gutter to
match existing curb and gutter in accordance with City of Palm Springs Standard
Drawing No. 200.
7. Remove the existing street improvements as necessary to construct two 30 feet
wide driveway approaches in accordance with City of Palm Springs Standard
Drawing No. 205. The centerlines of the driveway approaches shall be located
approximately 25 feet and 285 feet from the west property line, as shown on the
approved site plan. Access shall be limited to right-turn ingress and egress only.
8. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches in accordance with City
of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across each of
the driveways, and shall adjust the location of the access ramps, if necessary, to
meet ADA guidelines, subject to the approval of the City Engineer and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
;C''1 17
Conditions of Approval Case No. 5.1025 - PD-307
Page 10
9 The proposed meandering sidewalk is Ret approved. The eAGti g-sidewalks
aleng the entiFe ftontage shall be widened by 2 te 3 feet with fl-
•I �A C'nol �Aoc+or flovolnnmont DlaR CnenlfiG Plan (dated Anil 2004) Construct
an 8 feet wide meandering sidewalk along the entire frontage in accordance with
City of Palm Springs Standard Drawing No. 210. An easement for sidewalk
purposes shall be dedicated for those portions of the meandering sidewalk
encroaching onto private propertV. Other improvements, including large boulders
with inscriptions describing Indian and Section 14 history shall be provided, in
consultation with Tribal staff and as approved by the Director of Planning. The
applicant shall furnish and install artwork relating to Indian culture along the
frontage, unless otherwise deferred by the Director of Planning.
! 10. In accordance with the Section 14 Final Master Development Plan Specific Plan
(dated April 2004), the applicant shall plant Washingtonia filifera palm trees along
the Tahquitz Canyon Way frontage, at 60 feet spacing, and two canopy shade
trees between each new palm tree at 30 feet spacing, and a 3 foot high
evergreen hedge at the Gurb, as approved by the Director of Planning. The palm
trees shall be uplighted, consistent with existing palm tree lighting along the
' Tahquitz Canyon Way corridor. The applicant shall be responsible for the
perpetual maintenance of the new palm trees and other parkway landscaping
along the Tahquitz Canyon Way frontage.
! 11. Design and install an electrical system for installation of Tahquitz Canyon Way
decorative light fixtures (12 feet to 15 feet tall) consistent with the existing
decorative lighting system along Tahquitz Canyon Way, including banner
supports and overhead pedestrian-level lighting on the sidewalk. The applicant
shall furnish and install the decorative light fixtures, luminaries and supporting
electrical system. The electrical system shall be connected to the existing
lighting system adjacent to the Extended Stay America hotel property, and shall
be operated by a separate electric meter, unless an existing meter is available for
use by the new lighting system, as required by the City Engineer. The lighting
system shall be installed and operational, and accepted for operation and
maintenance by the City, prior to issuance of a Certificate of Occupancy, unless
otherwise allowed by the City Engineer.
12. The applicant shall furnish and install a sculpture in the median on Tahquitz
Canyon Way near Sunrise Way,- or within the southeast corner of the property
designated for the "Type II Gateway' area, similar in scale to the "Kiawa" worman
at the intersection of Tahquitz Canyon Way and Indian Canyon Drive, unless
otherwise deferred by the Director of Planning. The sculpture, if required, shall
be subject to the review and approval of the Tribe and the City.
13. Modify the existing median to move the existing end of the median as necessary
to facilitate the intersection widening improvements, and to extend the
6 ()f'�.
' Conditions of Approval Case No. 5.1025 - PD-307
Page 11
eastbound, left turn pocket at Sunrise Way to provide a 300 feet long left-turn
bay, unless otherwise required by the City Engineer. The median modifications
shall be designed and constructed in accordance with the Caltrans Highway
Design Manual. The applicant shall be responsible for removing and replacing
irrigation system and landscaping improvements within the existing median,
including transplanting existing palm trees or installing new palm trees to replace
existing palm trees within the median, to the satisfaction of the Director of
Planning and City Engineer.
14. New or transplanted palm trees within the Tahquitz Canyon Way median shall be
guaranteed for a period of 90 days from the date of acceptance by the City
Engineer. Any palm trees that fail during the 90-day landscape maintenance
period shall be replaced with a new palm tree of similar trunk diameter and height
to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-
day landscape maintenance period.
15. All broken or off grade street improvements shall be repaired or replaced.
SUNRISE WAY
16. Dedicate easements, as necessary, for sidewalk improvements along the entire
frontage.
17. Remove the existing curb and gutter along the entire frontage as necessary to
construct a new 8 inch curb and gutter, transitioning from 38 feet from centerline
at Andreas Road to 42 feet from centerline at the north side of the Sunrise Way
driveway entrance, or as may be required by the City Engineer, in accordance
with City of Palm Springs Standard Drawing No. 200.
18. Construct 8 inch curb and gutter 42 feet from centerline from the south side of
the Sunrise Way driveway entrance to Tahquitz Canyon Way, or as may be
required by the City Engineer, in accordance with City of Palm Springs Standard
Drawing No. 200.
19. Remove the existing curb returns and spandrels, and construct new 35 feet
radius curb returns with no spandrels at the northwest and southwest GGFReFs of
the Sunrise Way and Tahquitz Canyon Way intersection, in accordance with City
of Palm Springs Standard Drawing No. 200 and 206.
20. Remove and replace any existing drainage inlets at the northwest and sA,ithwp_st
corners of the Sunrise Way and Tahquitz Canyon Way intersection to the
satisfaction of the City Engineer, including extension and connection to existing
nuisance drainage systems. This requirement shall be waived in the event Storm
Drain Line 8 improvements are constructed at the intersection.
Conditions of Approval Case No. 5.1025 - PD-307
Page 12
21. Construct a 30 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway approach
shall be located approximately 370 feet north of the centerline of Tahquitz
'! Canyon Way, as shown on the approved site plan. Access shall be limited to
right-turn ingress and egress only.
i
i
22. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the driveway approach in accordance with City of
Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
23. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southwest corner of the intersection of Sunrise Way and
Andreas Road, and at the northwest and southwest corners of the intersection of
Sunrise Way and Tahquitz Canyon Way, in accordance with City of Palm Springs
Standard Drawing No. 212.
24 The pmpesed meandering sidewalk is net a d. Construct a minimum 8 5
feet wide meandering sidewalk along the entire frontage, in accordance with City
of Palm Springs Standard Drawing No. 210.separated by a 4 feet wide
landscaped parkway behind the curb, along the anti-- frontage, ordange
inith the Canyon 14 Final Master Develepment Plan Cpe..'f' Plan (dated Apr'!
2)044. An easement for sidewalk purposes shall be dedicated for those portions
of the meandering sidewalk encroaching onto private property.
25. In accordance with the Section 14 Final Master Development Plan Specific Plan
(dated April 2004), the applicant shall plant Washingtonia robusta palm trees with
a trunk height of 38 to 42 feet along the Sunrise Way frontage, at 60 feet
spacing, and two canopy shade trees between each new palm tree at 30 feet
spacing, apd a 3 feet high e p hedge at the rh as approved by the
Director of Planning. The palm trees shall be uplighted, consistent with existing
palm tree lighting along the Tahquitz Canyon Way corridor. The applicant shall
be responsible for the perpetual maintenance of the new palm trees and other
parkway landscaping along the Sunrise Way frontage.
26. Design and install an electrical system for installation of Sunrise Way decorative
light fixtures (26 feet to 30 feet tall) consistent with the existing decorative lighting
system along Tahquitz Canyon Way, including banner supports and overhead
pedestrian-level lighting on the sidewalk. The applicant shall furnish and install
the decorative light fixtures, luminaries and supporting electrical system. The
electrical system shall be connected to the new lighting system to be installed
along Tahquitz Canyon Way, as required by the City Engineer. The lighting
,
Conditions of Approval Case No. 5.1025 - PD-307
Page 13
system shall be installed and operational, and accepted for operation and
maintenance by the City, prior to issuance of a Certificate of Occupancy, unless
otherwise allowed by the City Engineer.
27. Construct a 14 feet wide landscaped median island along the entire Sunrise Way
frontage from Tahquitz Canyon Way to Andreas Road. Provide two, 175 feet
long southbound, 11 feet wide, dual left-turn lane pockets at Tahquitz Canyon
Way, and a 100 feet long northbound left-turn pocket at Andreas Road, with 90
feet long bay tapers. The left turn pockets shall be designed in accordance with
Section 405 of the current edition of the Caltrans Highway Design Manual, as
approved by the City Engineer.
28. Submit landscaping and irrigation system improvement plans for review and
approval by the City Engineer and Director of Planning. The irrigation system
shall be separately metered from the parkway landscaping to be maintained by
the applicant, for future use by the City upon acceptance of the landscaping by
the City. The plans shall be approved in conjunction with the street improvement
plans for the median and prior to issuance of a building permit, unless otherwise
allowed by the City Engineer.
29. All median landscaping shall be shall be guaranteed for a period of 90 days from
the date of acceptance by the City Engineer. Any landscaping that fails during
the 90-day landscape maintenance period shall be replaced with similar plant
material to the satisfaction of the City Engineer, and shall be subject to a
subsequent 90-day landscape maintenance period.
30. The applicant shall be responsible for 100% of the cost to widen the Sunrise Way
and Tahquitz Canyon Way intersection; however, any costs associated with the
street improvements along the frontage of the property identified by Assessor's
Parcel No. 508-100-039, including necessary right-of-way acquisition costs, may
be reimbursed to the applicant subject to the terms of a reimbursement
agreement.
31. All broken or off grade street improvements shall be repaired or replaced.
ANDREAS ROAD
32. Dedicate an additional right-of-way of 2 feet to provide the ultimate right-of-way
width of 60 feet for Andreas Road along the frontage of the subject property
identified as Government Lot 163, Assessor's Parcel No. 508-070-042, together
with a property line corner cut-back at the northeast corner of the subject
property, in accordance with City of Palm Springs Standard Drawing No. 105.
33. The applicant shall apply for a right-of-way vacation of the southerly 20 feet of
the existing 40 feet of right-of-way along the frontage of the subject property
identified as Government Lot 162, Assessor's Parcel No. 507-080-035, to,provide
Conditions of Approval Case No. 5.1025 - PD-307
Page 14
the ultimate right-of-way width of 60 feet for Andreas Road along the frontage of
the subject property, unless otherwise vacated pursuant to Government Code
66445 (j ).
34. Remove the existing curb return, spandrel, and cross gutter at Sunrise Way, and
construct a 6 inch curb and gutter 8 feet south of centerline (40 feet south of the
existing face of curb on the north side of Andreas Road) along the entire
frontage, with a 35 feet radius curb return and spandrel at the southwest corner
of the intersection of Andreas Road and Sunrise Way, in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
35. Reconstruct the existing cross gutter to match new improvements at the
southwest corner of the intersection of Andreas Road and Sunrise Way, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
36. Remove the existing curb, gutter and sidewalk located along Andreas Road west
of the subject property, adjacent to the Extended Stay America hotel property, as
necessary to construct a new curb and gutter, and sidewalk, transitioning from 32
feet south of centerline to 8 feet south of centerline at the west property line, as
required by the City Engineer, in accordance with City of Palm Springs Standard
Drawing No. 200 and 210.
37. Construct a 26 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway approach
shall be located approximately 25 feet from the west property line, as shown on
the approved site plan.
38. Construct a 40 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway approach
shall be located approximately 295 feet from the west property line, as shown on
the approved site plan.
39. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the driveway approaches in accordance with City of
Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
40. The proposed r and8Fin^ sidewalk is ^et—�d: Construct a minimum 5
' feet wide meandering sidewalk along the entire frontage, in accordance with City
of Palm Springs Standard Drawing No. 210.sepafated—b,=a-4—feet;e
landSGaned parkway behind the n rrh alens the entire frontage, aGGGrdaFIE)e
,pith the Centlen 14 C'nel Master Devele en# Plan SpeGift Plan (dated A 'I
Conditions of Approval Case No. 5.1025 - PD-307
Page 15
2004). An easement for sidewalk purposes shall be dedicated for those portions
of the meandering sidewalk encroaching onto private propertv
41. In accordance with the Section 14 Final Master Development Plan Specific Plan
(dated April 2004), the applicant shall plant shade trees along the Andreas Road
frontage within the landscaped parkway between the curb and sidewalk, and
shall plant vertical trees and planting to screen the commercial development
behind the right-of-way as approved by the Director of Planning.
42. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement in accordance with City of
Palm Springs Standard Drawing No. 110 and 315. 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
43. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
i
44. All on-site sewer systems shall be privately maintained by the Commercial
Shopping Center. Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
GRADING
45. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust
Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive
Dust Control Plan shall be prepared by staff that has completed.the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall
Conditions of Approval Case No. 5.1025 - PD-307
Page 16
provide the Engineering Division with current and valid Certificate(s) of
Completion from AQMD for staff that have completed the required training.
For information on attending a Fugitive Dust Control Class and information
on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at
www.AQMD.gov, A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Precise
Grading and Paving Plan.
• b. The first submittal of the Precise Grading and Paving Plan shall include the
following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy
of the associated Hydrology Study/Report.
46. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
• nuisance water from entering the public streets, roadways, or gutters.
47. 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 the Precise
Grading and Paving Plan.
48. 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.
49. 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
Precise Grading and Paving Plan.
50. 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 Precise Grading
and Paving Plan. The California Department of Food and Agriculture office :is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
Conditions of Approval Case No. 5.1025 - PD-307
Page 17
DRAINAGE
51. 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 Study for Tahquitz Plaza, prepared by A/E Sanborn, Inc., dated
September 7, 2005. Final retention basin sizing, underground retention pipe
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
a final Hydrology Study for the project reviewed and approved by the City
Engineer.
52, The applicant shall install a drywell, or series of drywells, within each surface
retention basin proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the basin. The drywell(s)
shall be appropriately sized to accommodate the expected daily nuisance water,
as well as runoff from ordinary storm events (2-year storm events), unless
otherwise approved by the City Engineer. Provisions shall be included in the
Covenants, Conditions and Restrictions (CC&R's) for this development that
require the routine maintenance of the drywell(s) by the owner(s), including the
right of the City to inspect and require the owner(s) 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 owner(s) is non-responsive to the City's written notice,
with costs to be recovered against the owner(s) by the City in accordance with
state and local laws and regulations.
53. The proposed underground retention systems shall be installed on-site and not
within the public right-of-way. The underground stormwater retention systems
and the surface retention basins shall be sized to have sufficient capacity equal
to the volume of increased stormwater runoff due to development of the site, as
identified in a final hydrology study approved by the City Engineer. A decrease
to the required retention volume may be allowed for percolation of the stormwater
runoff into the underlying gravel and soil, not to exceed 2 inches per hour.
Provisions for maintenance of the underground stormwater retention systems
shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the
owner(s) of the development, including reference to the fact that maintenance
and/or replacement of the systems may require removal of existing parking lot
improvements, including landscaping and lighting improvements within the
parking lot, at the sole expense of the owner(s) of the development. CC&R's
shall reserve the right of the City to inspect and ensure that the underground
retention systems are operable, and in the event of their failure, shall provide the
Conditions of Approval Case No. 5.1025 - PD-307
Page 18
City the right to advise the owner(s) and require their repair or replacement to the
satisfaction of the City Engineer.
54. The applicant is advised that the proposal for the underground retention systems
within paved parking lot areas with landscape planters, may preclude the ability
to install appropriate landscaping as may be required by the Planning
Department. The underground retention systems shall be designed at a sufficient
depth to allow typical landscape planting, including trees, and in a manner that
does not interfere with the ability of the system to receive runoff in the future.
55. All on-site storm drain systems shall be privately maintained by the owner(s) of
the development. Provisions for maintenance of the on-site storm drain systems
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this project.
i
56. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
57. Construct drainage improvements, including but not limited to catch basins, and
storm drain lines, for drainage of the project into the proposed on-site
underground retention system, as described in a final Hydrology Study reviewed
and approved by the City Engineer.
58. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development (if any).
59. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of building permits.
60. The applicant is advised that the City has budgeted the design and construction
of Storm Drain Line 8, from the Baristo Channel to Tahquitz Canyon Way, in the
2005/2006 fiscal year. The City makes no guarantee as to the timing of
Conditions of Approval Case No. 5.1025 - PD-307
Page 19
construction of Storm Drain Line 8, nor the ability to construct the entire segment
of Storm Drain Line 8 with the funds budgeted for the project. The applicant may
choose to partner with the City and participate in funding the construction of
Storm Drain Line 8, including its extension to Andreas Road, to allow for the use
of Storm Drain Line 8 for stormwater runoff purposes. In this case, on-site
retention of the increased stormwater runoff from the property would not be
required. If the applicant proposes to partner with the City in the Storm Drain
Line 8 project, the applicant shall be required to enter into an Agreement with the
City stipulating its agreement to fund the additional cost to design the extension
of Storm Drain Line 8 along the frontage of the subject property to Andreas
Road, and to provide additional funding to the City for its construction extending,
at a minimum, to the entrance driveway on Andreas Road, as may be necessary
upon construction bidding of the project. In the event costs exceed City
budgeted funds for the Storm Drain Line 8 project, the applicant would be
required to fund the cost shortage, with credit being applied by the City against
the applicant's required drainage acreage fee, pursuant to terms as specified in
the Agreement entered into between the applicant and the City.
ON-SITE
61. The minimum pavement section for all on-site pavement shall be 2'/z inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
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.
GENERAL
62. 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,
63. All proposed utility lines shall be installed underground.
Conditions of Approval Case No. 5.1025 - PD-307
Page 20
64. 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. Existing overhead utilities
shall be installed underground from the nearest offsite power pole, extending
from the north side of Andreas Road to the south side of Tahquitz Canyon Way.
A detailed plan approved by the owners 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 approval of a grading plan.
Undergrounding of applicable overhead utility lines shall be completed prior to
issuance of a Certificate of Occupancy.
65. 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.
66. 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.
67. 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.
68. 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.
69. 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
70. In accordance with Government Code 66426 (c), an application for a Tentative•
Parcel Map shall be submitted to the Planning Department if the subject property
L'ACrr 0
Conditions of Approval Case No. 5.1025 - PD-307
Page 21
is proposed to be subdivided for purposes of sale, lease, or financing of
commercial parcels within the proposed development.
! 71. In the absence of an approved and recorded Parcel Map, the existing parcels
identified as Government Lot 162, Assessor's Parcel No. 507-080-035, and as
Government Lot 163, Assessor's Parcel No. 508-070-042, shall be merged. An
application for a parcel merger shall be submitted to the Engineering Division for
review and approval. A copy of a current title report and copies of record
documents shall be submitted with the application for the parcel merger. The
application shall be submitted to the City Engineer for review and approval prior
to issuance of building permit, and shall be recorded prior to issuance of a
Certificate of Occupancy.
72. Relocation or abandonment of record easements across the property shall be
performed prior to issuance of a building permit for the building identified as
"Shops 'B"' on the approved site plan encumbered by the record easements.
The easement, identified as an easement in use by Southern California Edison
located approximately 15 feet from the west property line of Government Lot 163,
Assessor's Parcel No. 508-070-042, shall be extinguished, quit-claimed,
relocated or abandoned to facilitate construction of the building identified as
"Shops 'B"'. Without evidence of such, the building identified as "Shops 'B"'
encumbered by existing record easements is rendered unbuildable until such
time as these easements are removed of record and are not an encumbrance to
the affected building.
73. 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 a Parcel Map, or in the absence of a Parcel Map, shall
be submitted and approved by the City Engineer prior to issuance of a Certificate
of Occupancy.
TRAFFIC
74. Relocate and modify the existing traffic signal at the intersection of Tahquitz
Canyon Way and Sunrise Way as required by the City Engineer, in conjunction
with the associated widening of the intersection. if ne^ , he traffic signal
shall be split-phased in the north-south direction, based upon a Yeview by the
City Cnrvineer of the g ., 8tFi G of the 'RtGnseptinn and a .deterw,'. alien that
ner4h SOUth left turn MGVBMGRtS GGRfliGt; er and the traffic signal shall operate
with "lead-lag" left-turn phasing in the north-south directions asseptable to as
reviewed and approved by the City Engineer. The applicant shall submit traffic
signal modification plans prepared by a California registered Civil Engineer or
Traffic Engineer for review and approval by the City Engineer. The traffic signal
shall be installed and operational prior to issuance of a Certificate of Occupancy,
unless otherwise allowed by the City Engineer. The applicant shall he
Conditions of Approval Case No. 5.1025 - PD-307
Page 22
re r•eS o'hl fop 1001/ f +h + f the + fFsignal ,d I ati d modification,
,
' however any nether deyelener's fair share er.# that the ("# may reGeive f th'
• imnrnvemen+ may he reimbuFsed to the appl' + bj # + the ter.nnq nf a.
reimh rse ent agreement.
75. Install a traffic signal at the intersection of Sunrise Way and Andreas Road. The
applicant shall submit traffic signal installation plans prepared by a California
registered civil engineer or Traffic Engineer for review and approval by the City
Engineer. The traffic signal shall be split-phased in the east-west direction, shall
operate with "lead-lag" left-turn phasing in the north-south direction, and shall be
linked to the existing Sunrise Way traffic signal interconnect system. The traffic
signal shall be installed and operational prior to issuance of a Certificate of
Occupancy, unless otherwise allowed by the City Engineer.
76. Sunrise Way shall be re-striped to provide two, one 11 feet wide southbound left-
turn lanes, one 11 feet wide southbound shared through/left-turn lane an 11 feet
wide southbound through lane, and an 11 feet wide southbound dedicated
shared—through/right-turn lane, or as otherwise required by the City Engineer.
Traffic striping transition to match existing striping shall be installed north and
south of Tahquitz Canyon Way, as necessary. Submit traffic striping and
signage plans prepared by a California registered civil engineer to the City
Engineer for review and approval. Required traffic striping and signage
improvements shall be completed prior to issuance of a Certificate of Occupancy.
77. A minimum of 48 inches of clearance shall be provided on public sidewalks for
handicap accessibility. Minimum clearance on public sidewalks shall be provided
by either an additional dedication of a sidewalk easement (if necessary) and
widening of the sidewalk; or by the relocation of any obstructions within the public
sidewalk along the Tahquitz Canyon Way, Sunrise Way, and Andreas Road
frontages of the subject property.
78. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
79. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at each of the site driveways, in accordance with City of Palm
Springs Standard Drawing Nos. 620-625.
80. 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.
• elf�'�''t�1
Conditions of Approval Case No. 5.1025 - PD-307
Page 23
81. This property is subject to the Transportation Uniform Mitigation Fee which shall
• be paid prior to issuance of building permit.
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. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
Minimum Access Road Dimensions:
a. Private streets shall have a minimum width of at least 20 feet, pursuant to
California Fire Code 902.1 however, a greater width for private streets
may be required by the City engineer to address traffic engineering,
parking, and other issues. Access for two-way private streets, a minimum
width of 24 feet will be required, unless otherwise allowed by the City
Engineer, to the minimum of 20 feet required by the Fire Code. No parking
shall be allowed in either side of the roadway.
b. Roads must be 30 feet wide when parking is not allowed on only one side
of the roadway.
C. Roads must be 40 feet wide when parking is not restricted.
3. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance
with 2001 CFC, Art. 10, and NFPA Std. 10.
4. Fire Sprinklers Required: An automatic fire sprinkler system is required by local
ordinance.
5. Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
6. Audible water flow alarms: An approved audible sprinkler flow alarm shall be
provided on the exterior of the building in an approved location. An approved
audible sprinkler flow alarm to alert the occupants shall be provided in the interior
of the building in a normally occupied location. (904.3.2 CBC)
Conditions of Approval Case No. 5.1025 - PD-307
Page 24
7. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall
be in accordance with NFPA 72, 760, NEC.
8. System Acceptance Test: Upon completion of the installation of the Fire Alarm
System, a satisfactory test of the entire system shall be made. The test shall be
witnessed by the fire inspector.
9. Access: Fire department access roads shall be provided so that no portion of the
exterior wall of the first floor of any building will be more than 150' from such
roads. CFC 902.2.1
10. Access During Construction: Access for firefighting equipment shall be provided
to the immediate job site at the start of construction and maintained until all
construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13'6". Fire Department access roads shall have an all
weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902
CFC)
11. Road Design: Fire apparatus access roads shall be designed and constructed
as all weather capable and able to support a fire truck weighing 73,000 pounds
GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an
outside radius of 45 feet.
12. Water Systems and Hydrants: Where underground water mains are to be
provided, they shall be installed, completed and in service with fire hydrants or
standpipes (Or combinations thereof located as directed by the Fire Department)
not later than the time when combustible materials are delivered to the
construction site. (Sec. 903 CFC)
13. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30
feet of the Fire Department Connection (FDC). Fire Hose must be protected
from vehicular traffic and shall not cross roadways, streets, railroad tracks or
driveways or areas subject to flooding or hazardous material or liquid releases.
14. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within
250' of all combustible construction. No landscape planting, walls, or fencing is
permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2
CFC)
15. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers
in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to
the background.
a c�
I
Conditions of Approval Case No. 5.1025 - PD-307
Page 25
I
16. Construction site Security and Protection:
a. Fencing Required: Construction site fencing with 20 foot wide access
gates is required for all combustible construction over 5,000 square feet.
Fencing shall remain intact until buildings are stuccoed or covered and
secured with lockable doors and windows. (8.04.260 PSMC)
b. Fire Apparatus Access Gates: Entrance gates shall have a clear width of
at least 15 feet and be equipped with a frangible chain and padlock.
(8.04.260 PSMC)
17. Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
18. Emergency Key Box: A Knox key box is required for access to the fire sprinkler
riser. Box shall be mounted at 6 feet above grade, adjacent to the main
entrance. Contact the Fire Department at 760-323-8186 for a Knox application
form. (902.4 CFC)
19. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points, fire
hydrants, knox box locations, fire department connections, unit identifiers, main
electrical panel locations, sprinkler riser and fire alarm locations. Large projects
may require more than one page.
END OF CONDITIONS
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C'q</FORN�P ,planning Commission Staff Report
• Date: January 25, 2006
Case No.: 5.1025 — PD-307
Application Type: Preliminary Planned Development District and
Architectural Approval
Location: NW Corner, Tahquitz Canyon Way & Sunrise Way
Applicant: H&H Investments, LLC
Zone: Section 14 Specific Plan RA (Resort/Attraction)
General Plan: RC (Resort Commercial) with NCC (Neighborhood
Convenience Center) designation for corner
APN: 508-070-035 and 508-070-042
From: Craig Ewing, AICP, Director of Planning Services
! Project Planner: Edward O. Robertson, Principal Planner
PROJECT DESCRIPTION
The project applicant has proposed to develop approximately 94,000 square feet of
retail uses on an approximately eight acre site located at the northwest corner of
Sunrise Way and Tahquitz Canyon Way. The existing site is composed of two vacant
lots surrounded primarily by commercial and retail uses. An existing overhead utility line
bisects the site. The Site Plan indicates the poles will be removed, and a condition of
approval is to underground utilities.
'The project area will include approximately 198,000 square feet of hardscape area that
includes driveways, parking lots, and sidewalks, approximately 94,000 square feet of
retail commercial structures, and 59,000 square feet of landscaping. Included in the
retail uses are a grocery store / pharmacy that is about 55,000 square feet in size; one
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 2 of 9
15,000-square foot retail building; two 13,100-square foot retail buildings; and two
building pads, each ranging in area between 5,000 and 6,000 square feet.
The proposed uses of the two building pads have not yet been determined, but would
be consistent with the applicable zoning and other regulatory designations of the
proposed site. A Type 2 Gateway is proposed for the southeast corner of the site, per
the Section 14 Specific Plan that designates the intersection of Tahquitz Canyon Way
and Sunrise Way as a special gateway with special desert-oasis boulders, landscaping,
• and features. Pedestrian walkways and a garden art exhibit would also be included in
the project.
RECOMMENDATION
That the Planning Commission recommends that the City Council approve the proposed
application by H&H Investments, LLC to develop an eight-acre parcel according to
Planned Development District standards by:
1, Adopting the Mitigated Negative Declaration for Case 5.1025 PD-307;
2. Adopting Planned Development District 307; and
3. Approving the site layout and conceptual architectural design for Case 5.1025.
PRIOR ACTIONS
On June 20, 2005, the Architectural Advisory Committee considered the proposed
project design, and recommended approval. A copy of the meeting Agenda
Recommendations is attached.
On September 12, 2005, the Indian Planning Commission (IPC), reviewed the project
and recommended approval to the Agua Caliente Band of Cahuilla Indians Council
BACKGROUND AND SETTING
The project site is located at the northwest corner of Tahquitz Canyon Way and Sunrise
Way, and consists of two vacant parcels. An overhead electric line crosses the site on
a north-south axis, and roughly bisects the site. Tahquitz Canyon Way is recognized in
the Section 14 Specific Plan as a primary transportation corridor having special
landscaping, preserving mountain views toward the west, and serving as a "Boulevard
of Indian Culture and Art." The project site is recognized as Opportunity Site B-1 by the
Specific Plan.
To the north of the site, across Andreas Road is a multiple-family, attached residential
project. This project is served by an internal driveway, surrounded by single-story.units
that have few windows toward the street. Also to the north and across Andreas Road,
between the residential use and Sunrise Way is an office building. To the northeast, at
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 3 of 9
the northeast corner of Andreas Road and Sunrise Way is a commercial building. To
the east of that is a single-family residential neighborhood. To the east of the site,
across Sunrise Way are several properties that contain office suites and retail uses.
These properties are located on the block between Tahquitz Canyon Way and Andreas
Road. To the southeast of the site, on the southeast corner of Tahquitz Canyon Way
and Sunrise Way is a smaller retail shopping center. To the south of the site, across
Tahquitz Canyon Way, is a large vacant area between Sunrise Way and Hermosa
Drive. To the west of the site is a resort hotel located between Tahquitz Canyon Way
and Andreas Road, east of Hermosa Drive.
Table 1: Surrounding land uses, General Plan, Zoning
Land Use General Plan Zoning
ENorthResidential & Office H43/30 Hi h Res'I (Apt. 30) HR & MR Res'I
Commercial & Office P Professional C-1AA Commercial
Vacant RC Resort Commercial RA Resort/Attract'n
Resort Hotel RC Resort Commercial
ANALYSIS
Pursuant to Section 94.03.00 (A) of the Zoning Code, a planned development district
(PD) may be approved in lieu of a change of zone as specified in Section 94.07.00. The
PD is needed for this project so that relief frorn several development criteria can be
achieved.
Section 6.1.2 of the Section 14 Specific Plan provides that specialty grocery
stores and pharmacies are permitted as part of a hotel or by Conditional Use
Permit. That section also provides that other uses are permitted if they are found
consistent with the intent of the RA Resort/Attraction land use classification by
the Planning Commission. The project proposal includes both these uses. The
Planned Development District provides a mechanism for accommodating these
variations from ordinary development provisions.
Section 6.2.3 of the Section 14 Specific Plan provides that the maximum building
height for this type of development is 30 feet, and the proposed project includes
two architectural features with heights in excess of 30 feet. These features are
the "tower" roofs over the entrances to the major tenants of the anchor tenant
building, shown as a grocery store and a pharmacy. These towers roofs have
heights of 31.5 feet and 37.5 feet. Other rooflines vary, but are less than 30 feet
in height, with a common height of about 22 feet.
Section 6.2.14 of the Section 14 Specific Plan provides that on-site landscape
areas comprise at least 30 percent of the site. The project proposes eighteen
percent, including a Type 2 Gateway Feature.
,0 ')"
Planning Commission Staff Report 1/25/06
• Case:5.1025-PD307 Page 4 of 9
A comparison of requirements for the Specific Plan 14 RA zone and the proposed
Planned Development Standards is seen on the following table.
Table 2: Comparison of Zoning Code Requirements and Proposed PD Standards
Specific Plan Section RA Zone Requirement Proposed PD Standard
6.1.2 Retail. Grocery and Retail, Grocery, and
Pharmacy with a hotel or Pharmacy uses
a Conditional Use Permit permitted
6.2.1 Maximum Floor Area Ratio 0.38 0.27
6.2.3 Maximum Height 30 Feet Varied: Parapet 22' avg,
Tower Roofs to 37.5'
6.2.7 Primary Frontage Tahquitz Canyon Way Tahquitz Canyon Way,
Sunrise W , Andreas Rd
6.2.9 Pedestrian Access Tahq. Cyn Way sidewalk Provided
6.2.10 Building Location Close to front setback Provided: Bldg B & pads
6.2.11 Minimum Front Setback Tahquitz Cyn Wy: 20 Feet 25 Feet
6.2.12 Min. Side Street Setback 20 Feet 25 Feet
6.2.13 Rear Setback 20 Feet 25 Feet per scaled plan
6.2.14 Landscaping on site 30% 18%
6.2.18 Parking Location Special Tahquitz Cyn regt Meets 25' & wall req't
6.2.18 Parking Spaces Required 1 / 325 SF Mixed Use 1 /263 Square Feet
6.2.19 Service Access Not from Tahquitz Cyn Primary from Andreas
Site Plan/Access:
'The proposed site is an approximately 8-acre parcel located at the northwest corner of
Sunrise Way and Tahquitz Canyon Way. As designed, the site plan will consist of five
structures totaling approximately 93,658 square feet. The anchor building (PAD A), is
the proposed 55,256 square feet future grocery store, PAD °B" is approximately 12,100
:square feet in size and will contain ten shops, PAD "C" is approximately 15,262 square
feet, which will also contain ten shops, PAD "D" is approximately 5,040 square feet
stand alone store, and finally, PAD "E", also a stand alone store is approximately 6,000
square feet in size. A screening wall is being proposed along the property line between
the shopping center and the existing Hotel property at the easterly section of the site,
also the loading area behind the grocery store shall have a screen wall.
There are three main points of access to the proposed shopping center, and they are
through Tahquitz Canyon Way, Sunrise Way and Andreas Road. Delivery trucks going
into the shopping center will do so through an entrance access along the easterly
portion of the site on Tahquitz Canyon Way, and will exit from another point of access
situated on the easterly portion of Andres Road. In addition to the enhanced points of
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 5 of 9
access and vehicular circulation within the site, there is a pedestrian linkage and that
connects to all the buildings within the shopping center.
Architecture:
The proposed architecture of the shopping center is contemporary in style, and will be
compatible with the existing surrounding architectural elements of the immediate
vicinity. The applicant has incorporated various architectural elements into the design of
the building elevations to complement surrounding of the site. Additionally, the buildings
will incorporate standing seam metal roofs, and a variety of architectural features such
as additional windows, and stones to enhance the proposed building elevations. The
buildings will have varying heights, parapets and towers designed to provide a similarity
in the temperament of the architectural features within the center. The applicant will be
proposing a sign program for the shopping center under a different review and approval
process.
The proposed color scheme of the buildings will be subtle, and consistent with the earth
tone colors that blend in with the natural surrounding of the area. Also, the color scheme
which will feature up to four different combinations, are designed to blend in with the
surrounding area as well.
Landscaping:
Section 6.2.14 provides that 30 percent of the site area shall be landscaped. The
applicant has proposed eighteen percent of the site to be landscaped. The project
proposes to set buildings and parking areas 25 feet back from property lines on the
-three sides of the project site abutting streets. These setback areas will consist primarily
Of landscaping, and the perimeter of the project will have visually prominent landscaping
when viewed from the surrounding streets.
(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.
Findings can be made in support of establishing the proposed Planned Development
District as follows:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the
Palm Springs Zoning Code.
' Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 6 of 9
The proposed planned development is consistent with the goals and objectives of
the RC Resort Commercial General Plan designation which governs the subject
property as well as the properties adjacent to the west side of the subject site
and to the south, across Tahquitz Canyon Way. The project site and the other
properties on the corner of Tahquitz Canyon Way and Sunrise Way are also
designated as NCC (Neighborhood Convenience Center).
Objective 3.22 of the General Plan is to utilize the RC land use designation for
resort commercial activities while including commercial activities compatible with
neighboring development and providing a broad range of commercial facilities.
Policies 3.22.1 and 3.23.1 seek accommodation of a full diversity of commercial
uses, including food and other sales that provide for day-to-day needs of nearby
residents and visitors. The proposed project offers commercial development that
suits that objective and policy by providing large and small retail spaces within a
site that will have special landscape and hardscape features.
The proposed project is also consistent with the Section 14 Specific Plan.
Section 9.1.3 of the Specific Plan recognizes that Planned Districts allow
departures from strict provisions of zone classifications while providing flexibility
for compatible land uses. The proposed project conforms to most development
standards provided by the Specific Plan, with the Planned Development District
allowing flexibility to provide varying building heights and articulated silhouettes,
flexibility to provide Gateway features rather than simple landscaping mass, and
flexibility to provide a broader range of commercial uses.
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
The project site is relatively flat, bounded on three sides by streets, and can
accommodate the commercial uses envisioned by the General Plan and Section
14 Specific Plan, and the proposed development. Access is available to three
streets. The eight-acre site is large enough that the proposed building area,
including that for both current and future buildings, covers 26 percent of the site,
allowing parking that exceeds minimum requirements and hardscape amenities
such as enhanced pedestrian access and an area gateway feature. Adjacent
uses are separated from the project site by parking areas and streets, and the
project is designed to contain most internal traffic within the central part of the
project site.
c. The proposed establishment of the planned development district is necessary
and proper, and is not likely to be detrimental to adjacent property or residents.
I
A planned development district is necessary to accommodate the proposed type
of commercial development incorporating varying building heights, hardscape
and landscape features consistent with the Tahquitz Canyon Way corridor, and a
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 7 of 9
full range of commercial uses. The development is not likely to be detrimental to
adjacent property or residents because the proposed commercial uses are not
substantively different than those already envisioned by the General Plan,
Section 14 Specific Plan, or the Zoning Ordinance. The proposed development
is focused primarily toward Tahquitz Canyon Way and Sunrise Way. The hotel
development to the west is separated from the project site by a parking area
serving the hotel. The office use to the north is across Andreas Road, and the
multiple-family housing development to the north and northwest is across
Andreas Road, is focused primarily to inner access courts, and has access to the
neighborhood street grid along Andreas Road and Hermosa Drive.
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 January 4,
2006 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 III-1 The maximum vehicle speed limit on unpaved surfaces of the project site
shall be 15 mph.
i MM III-2 Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours and shall minimize obstruction of through-traffic
lanes.
MM 111-3 Paving activities on-site shall not occur simultaneously with the peak
construction activity on-site to ensure that daily emissions of NOx
associated with off-road diesel construction equipment will not exceed the
SCAQMD threshold of significance.
MM V-1 If potential historic, archaeological, or paleontological resources are
uncovered during excavation or construction activities at the project site,
work in the affected area will cease immediately and a qualified person
(meeting the Secretary of the Interior's standards (36CFR61)) shall be
consulted by the applicant to evaluate the find, and as appropriate
recommend alternative measures to avoid, minimize or mitigate negative
effects on the historic, prehistoric, or paleontological resource.
Determinations and recommendations by the consultant shall be
implemented as deemed appropriate by the City, in consultation with the
State Historic Preservation Officer (SHPO) before any further work
commences in the affected area.
PAM V-2 If human remains are discovered, work in the affected area shall cease
immediately and the County Coroner shall be notified. If it is determined
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 8 of 9
that the remains are potentially Native American, the California Native
American Heritage Commission shall be notified and appropriate
measures provided by State law shall be implemented.
MM XI-1 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall be
equipped with shrouds.
MM XI-2 Stationary equipment shall be placed such that emitted noise is directed
away from noise-sensitive receptors.
MM XI-3 Stockpiling and vehicle staging areas shall be located as far as practical
from noise-sensitive receptors.
MM XI-4 Every effort shall be made during construction activities to create the
greatest distance between noise sources and noise-sensitive receptors
located in the vicinity of the project site.
MM XI-5 All construction equipment shall be in proper working order and maintained
in a proper state of tune to reduce backfires.
MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-
site construction vehicles shall be located as far as practical from existing
homes.
MM XV-1 To ensure compliance with City access and design standards, the final
building and parking layout, and site access design shall be subject to the
review and approval of the City Traffic Engineer as part of the development
review process.
ARM XV-2 Clear unobstructed sight distance shall be provided at all unsignalized site
driveways on master planned streets.
MM XV-3 The project proponent shall coordinate with SunLine Transit Agency and
the Agua Caliente Planning Building and Engineering Department
regarding the need for public transit facilities on-site such as transit route
maps and a shuttle/bus stop.
IVIM XV-4 The project proponent shall be required to contribute to the cost of project
related circulation improvements required as conditions of approval on
Andreas Road on the north side of the project, at the intersection of
Andreas Road and Sunrise Way, on Sunrise Way between Andreas Road
and Tahquitz Canyon Way, at the intersection of Sunrise Way and
Tahquitz Canyon Way, on Sunrise Way south of Tahquitz Canyon Way to
accommodate improvements to that intersection, and on Tahquitz Canyon
Way along the south side of the project, all as specified by the City
,Y)jn
Planning Commission Staff Report 1/25/06
Case:5.1025-PD307 Page 9 of 9
Engineer for the purpose of mitigating impacts from the increase in traffic
related to this project.
NOTIFICATION
A public hearing notice was advertised and was mailed to all property owners within 400
feet of the subject property/adjacent property owners. As of the writing of this report,
staff has not received any comment.
Ed and O. N46rtson GC rrr�lg . E�ua g, AID
Principal Planner Direct of Plan ng ervices
ATTACHMENTS
1. Vicinity Map
2. Site Plan and Elevations
3. Draft Resolution / Conditions of Approval
4. Mitigated Negative Declaration
5. June 30, 2005 Architectural Advisory Committee Agenda Recommendations
' CITY OF PAL SPRINGS
PLANNING COMMISSION MINUTES
January 25, 2006
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
6. Case 5.1025 PD 307 - An application by H & H Investments, LLC, for a
proposed Planned Development District 307, and the development
and operation of a 94,000 square foot shopping center located on the
northwest corner of Tahquitz Canyon Way and Sunrise Way, Zone RA,
Section 14, APN 508-070-035 and 508-070-042.
Commissioner Shoenberger stated he has a business related conflict of
interest, would not participate in the discussion and vote and left Council
Chamber 2:16 p.m.
Principal Planner, Edward Robertson, provided background information as
outlined in the staff report dated January 25, 2006. He further indicated the
Indian Planning Commission has reviewed the project and recommended
approval.
Discussion was made regarding traffic concerns, Section 14's prohibition of
drive through parking and truck loading zones.
Chairwoman Marantz opened the Public Hearing.
Hank Gordon, H & H Investments, gave clarification regarding the access
road, loading zones and traffic concerns.
Allen Sanborn, project engineer, addressed traffic concerns.
Randolph Scott, Palm Springs, spoke regarding the existing shopping
center in this area.
There being no further comments, Chair Marantz closed the Public
Hearing.
Discussion was made regarding the meandering sidewalks.
M/S/C (Hutcheson/Ringlein, 6-0, 1 absent/Shoenberger) To recommend
adoption of the Mitgated Negative Declaration and approval of Case 5.1025
PD 307 to City Council.
Commissioner Shoenberger returned to Council Chamber at 2:55 p.m.
4 � ;s�
AGUA CALIENTE BAND O � CAHUILLA INDIANS
TRIBAL PLANNING & DEVELOPMENT
January 26, 2006
Edward O. Robertson, Principal Planner
City of Palm Springs
PO Box 2743
Palm Springs, California 92263
RE: Case 5.1025, PD — 307, Tahquitz Plaza
(Dear Mr. Robertson,
The Tribe respectfully requests the inclusion of the following conditions of approval in the
above case before it is reviewed by the City Council:
1. Prior to the issuance of grading permits, the applicant/developer shall pay an
$800/acre ($7,944.00) habitat conservation mitigation fee as called for in the Tribal
Habitat Conservation Plan as it relates to the 9.97 acre project proposed, Case
5.1025, PD - 307.
2. The Agua Caliente Tribal Historic Preservation Office (THPO) requests copies of any
cultural resource documentation that might be generated in connection with this
project for permanent inclusion in the Agua Caliente Cultural Register.
3. Experience has shown that there is always a possibility of encountering buried
cultural resources during construction related excavations. Given that, the Agua
Caliente THPO requests that an Approved Cultural Resource Monitor(s) be present
during any survey and/or ground disturbing activities. Should buried cultural
deposits be encountered, the Monitor may request that destructive construction halt
and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and
Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan
for submission to the State Historic Preservation Officer and the Agua Caliente
Cultural Resource Coordinator.
Very truly yours,
Kathy Marx
Senior Planner
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
KM/mg
650 EAST TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
T 7 6 013 2 5/3 400 F 760/325/69S2 AGUACALIENTE.ORG
Case No. 5.1025 PD-307
Tahquitz Plaza / Vons Retail Center
Mitigated Negative Declaration
� QALMS.o
A.
u N Prepared by
The City of Palm Springs
0RPpRA7ED�qm December 2005
Cqt /F 0 RNxP
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
ENVIRONMENTAL CHECKLIST FORM
1. Project title:
Case No. 5.1025 PD-307, Tahquitz Plaza / Vons Retail Center
2. Lead agency name and address:
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
3. Contact person and phone number:
Craig A. Ewing, AICP
Director of Planning Services
(760) 323-8245
4. Project location:
Northwest Corner of Sunrise Way and Tahquitz Canyon Way, Palm Springs, California 92262
(APN 508-070-035 and 508-070-042),Section 14, T45, R4E
:5. Project sponsor's name and address:
H&H Investments, LLC
1770 North Buffalo Drive, Suite 101
Las Vegas, Nevada 89128
6. General plan designation:
RC Resort Commercial, NCC Neighborhood Convenience Center
7. Zoning:
The proposed project site is subject to the RA- Resort Attraction zoning designation. The
Resort-Attraction zoning designation allows for large-scale resort hotel complexes, hotels,
and major commercial recreation attractions integrated with retail and entertainment
facilities. The site is located in Section 14 and is required to comply with all goals, policies,
and standards for the Section 14 Specific Plan. In accordance with the Section 14 Specific
Plan, the proposed project consists of a retail commercial center with landscaped
pedestrian walkways, and a cultural art walk, which is an allowable use for the RA zoning
designation.
Pursuant to an agreement between the Tribe and the City, development on reservation land
within the City of Palm Springs must conform to the City's General Plan and Zoning Code
regulations, as a means to promote mutually beneficial land use planning within the
community (Memorandum of Agreement, City of Palm Springs and Aqua Caliente Band of
Cahuilla Indians, Section 14 development proposals are therefore subject to City permitting-
requirements, and project proposals must undergo environmental review by the City for
consistency with State CEQA regulations. The Agua Caliente Band of Cahuilla Indians (Tribe)
prepared a Master EIR/EIS for the Section 14 Master Development Plan Specific Plan and
Master EIR/EIS. Section 14 is located on Reservation land adjacent to downtown Palm
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
1 tti)(r�.'jrl
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Springs. The Specific Plan, along with its associated General Plan Amendment and rezone,
were approved by the City of Palm Springs (City) subsequent to the City's approval of the
joint National Environmental Policy Act (NEPA)/CEQA Master Plan EIS/EIR.
The project site is also located within the Baristo-Farrell Redevelopment Area. Goals of the
Baristo-Farrell Redevelopment area include stimulation of economic development by
enhancing and expanding shopping facilities in Palm Springs by improving or assisting in the
improvement, including rehabilitation and expansion, and assuring commercial vitality by
the strengthening of retail and other commercial functions in the area.
8. Description of project:
The project applicant has proposed to develop approximately 94,000 square feet of retail
uses on an approximately 350,000-square foot site located at the northwest corner of Sunrise
Way and Tahquitz Canyon Way. The existing site is composed of two vacant lots surrounded
primarily by commercial and retail uses.
The project area will include approximately 198,000 square feet of hardscape area that
includes driveways, parking lots, and sidewalks, 94,000 square feet of retail commercial
structures, and 59,000 square feet of landscaping. Included in the retail uses are a grocery
store that is about 55,000 square feet in size; one 15,000-square foot retail building; two
13,100-square foot retail buildings; and two building pads, each ranging in area between
5,000 and 6,000 square feet. The proposed uses of the two building pads have not yet been
determined, but would be consistent with the applicable zoning and other regulatory
designations of the proposed site. Pedestrian walkways and a garden art exhibit would also
be included in the project.
9. Surrounding land uses and zoning:
North-Existing Commercial Building MR AND HR zoned
East-Existing Retail Building RA zoned
South-Vacant Land C-I-AA and R-4-VP zoned
West-Existing Hotel RA zoned
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement):
• None
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
2 R�
. INITIAL STUDY/ . NEGATIVE a_m
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, c Jams+ Case No. 5.1025PD- TahquitzPlaz w�,_Rc_
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. 8
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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FIGURE 2: PROJECT LOCATION MAP
(SOURCE: AIR QUALITY&NOISE IMPACT STUDY,PREPARED BY ENDO ENGINEERING,JUNE 28,2005)
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
4
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
(ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources ® Air Quality
❑ Biological Resources ® Cultural Resources ❑ Geology/Soils
❑ Hazards & Hazardous Materials ❑ HydrologyAVater Quality ❑ Land Use/Planning
❑ Mineral Resources ® Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ® Transportation/Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of Significance
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
5
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
® environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment,
El and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least one
❑ effect 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
Craig A. Ewing, AICP Date
Director of Planning Services
City of Palm Springs Case No. S.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December2005
6 ��1T1
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
. LessThan ,''
Significant ' -
Potentially�_ ,With Les9 Than
.ti. Significant;; Mitigation Significant
Impact, • orporated IMpad No Inc Impact'�
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic Elvista?
El El 0
Ib) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑ El Eloutcroppings, and historic buildings within a
state scenic highway?
r) Substantially degrade the existing visual
character or quality of the site and its ❑ ❑ ❑
surroundings?
J) Create a new source of substantial light or glare
that would adversely affect day or nighttime ❑ ❑ ® ❑
views in the area?
a-c) No Impact. The proposed project would be located on a vacant piece of land in an
area that is relatively flat and has views of the Mt. Jacinto Mountains. There are no
scenic vistas, resources, or state scenic highways in the project area. The area
surrounding the proposed project site contains a hotel, and existing commercial and
retail buildings. The proposed project would conform to the surrounding uses and
implement landscaping in accordance with the City Engineer. Therefore, the proposed
project would not result in adverse impacts to scenic resources, vistas, or degrade the
visual quality of the site or surrounding areas.
(1) Less than Significant. The project proposes to build a retail center. Any proposed
lighting would be required to comply with Section 93.21.00 of the Zoning Ordinance.
Therefore, the proposed project would not result in the creation a substantial new source
of light or glare to the area.
City of Palm Springs Case No. S.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
8
l0 t
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Less Than.
.: Significant.
.. . , otentiall P y' ,Wjth; ,. Les9,Tlwn
'Significant Mitigation fica Signint
.:,impact Incorporated ImpdcfNo impact
II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997), prepared by the California Department of
Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would
the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the ❑ ❑ ❑
Farmland Mapping and Monitoring Program of
the California Resources 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?
a-c) No Impact. The proposed project is on a vacant piece of land found to have
agriculturally poor soil and would not be located on Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance. The proposed project site is not subject to a
Williamson Act Contract; therefore, the proposed uses would not conflict with agricultural
zoning or other agricultural regulations. There is no farmland or agricultural land in the
immediate vicinity of the proposed project site. Therefore, the project would not result in
the conversion of farmland to non-agricultural uses.
• City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
9 ,1
INITIAL STUDY I MITIGATED NEGATIVE DECLARATION
Less Than
Significant '
:Potentially 3�c With. Less Than
Significant - Mitigation ';Significant
Ifnpa6ts'Ancorporated -Annpact - Nuampacf,
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct implementation of the ❑ ❑ N ❑
applicable air quality plan?
b) Violate any air quality standard or contribute 1-1 El ® ❑
substantially to an existing or projected air
quality violation?
' c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in non-attainment under an ❑ N ❑ ❑
applicable federal or state ambient air quality
standard (including releasing emissions that
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial pollutant ❑ ❑ N ❑
concentrations?
e) Create objectionable odors affecting a substantial ❑ ❑ N ❑
number of people?
:letting
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 the Coachella Valley. The South Coast Air Quality Management
District is responsible for adopting, implementing and enforcing air quality regulations within the
Riverside County portion of the SSAB. The SSAB's climate and topography, high winds and fine
sandy soils are conductive to the formation of high concentrations of airborne particulate
matter. Additionally, winds are predominately westerly, and transport pollutants from the South
Coast Air Basin into the SSAB.
The SSAB has been designated by the California Air Resources Board as nonattainment areas for
ozone and PM10 particulate matter. Development within the SSAB is governed by the 2003 Air
Quality Management Plan (2003 AQMP) and the 2002 Coachella Valley PM10 State
Implementation Plan (CVPM10 SIP). The AQMP evaluated likely air quality impacts based upon
the anticipated growth under the City's General Plan, and determined that if a project is within
the regional growth projections, regional emissions are offset by the AQMP, and no mitigations
are required.
Air quality impacts resulting from the development of the proposed project, along with the
setting of the project and relevant information relating to air quality were investigated,
evaluated, and reported in the Air Quality and Noise Impact Study prepared by Endo
Engineering, June 28, 2005, and included in this Initial Study by reference.
Discussion of Impacts
The SCAQMD has established short-term construction-related and long-term operational
• City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
10 a 1�'�j
•L o r
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
thresholds which are recommended for use by lead agencies in considering both primary or
direct impacts and secondary or indirect impacts on air quality, as shown in Table 1 below.
Emissions thresholds are indicators of potential air quality impacts. If the lead agency finds that a
project has the potential to exceed the thresholds, the project should be considered significant.
(However, the final determination of whether or not a project is significant is within the purview of
the lead agency, pursuant to Section 15064 (b) of the CEQA Guidelines.
Table 1 - Emissions Significance Threshold Criteria°
(Pounds / Day)
Pollutant CO ROC NOx sox Pmlu
Operational Ernissionsb
PoandslDay 550 75 100 150 150
Construction Eniissions
• -Pounds/Day 550 75 100 150 150
`lons,/Qoarter 24.75 2.5 15 6.75 6,75
a. SCAQMD, CEQA Air Quality Handbook, November, 1993.
b. Projects in the Coachella Valley with peak (highest daily) operation-related emissions
that exceed any of these emissions thresholds should be considered significant.
Source: Air Quality and Noise Impact Study prepared by Endo Engineering,June 28,2005
CO Less Than Significant Impact. Development of the proposed project site would be
governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002
Coachella Valley PM10 State Implementation Plan (CVPM10 SIP), which manages air
quality in the area. The AQMP evaluated likely air quality impacts based upon the
anticipated growth under the City's General Plan. According to the Air Quality and
Noise Impact Study prepared for the proposed project by Endo Engineering (June 28,
2005), the proposed project conforms to the General Plan, and is therefore consistent
with the population and employment growth projections that form the basis of the
AQMP and the Regional Growth Management Plan, and the project is not anticipated
to conflict with or obstruct implementation of the 2003 AQMP.
b) Less Than Significant Impact. Short-term impacts on air quality typically occur during the
construction activities required to implement the project. The proposed project is not
projected to exceed the SCAQMD daily construction emissions threshold of significance.
This impact is considered less than significant. Table 2 below is a copy of Table 3-3 in the
Endo Engineering study, and illustrates the estimates from which this conclusion is
reached. Long-term impacts may also occur during the operational life of a project.
Commercial land uses do not directly emit significant amounts of air pollutants from on-
site activities. Motor vehicles are the primary source of operational emissions associated
with commercial land uses, and trips to and from commercial developments emit
pollutants that can adversely affect air quality. The mobile source emissions associated
with the proposed project would be generated by work trips, non-work trips, and truck
trips to and from the project site, and vehicular running exhaust, tire wear particulates,
brake wear particulates, variable starts, hot soaks, diurnal emissions, resting losses and .
evaporative running losses. Only a small fraction of the project-related operational
emissions would be area source emissions, which include fuel combustion for space and
water heating, fuel combustion for landscape maintenance, and any consumer product
City of Palm Springs Case No. 5.1025 PD-307 Tabquitz Plaza/Vons Retail Center
December 2005
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
emissions from air fresheners, automotive products, cleaners and personal care products
used on-site. However, by providing new commercial opportunities in proximity to
existing, adjacent residential and hotel uses, the proposed commercial development
may either divert trips that currently pass through the study area when surrounding
residents and tourists drive to and from other commercial centers, or capture pedestrian
traffic from the adjacent residential neighborhood and hotel guests. The Endo Air Quality
Study concluded that operational emissions would not exceed air quality threshold
criteria, as illustrated in Table 3 below,which is a copy of Table 3-5 in the Endo
Engineering Study.
Table 2
Peak Day Unmitigated Construction Emissions Estimates-'
(Pounds/Day)
' Emissions Source; ROG NOx c0 S02 PM10
SITE GILADING PHASE
-Fugitive Dust - -- -- - 94.09
-Off-Road Diesel 899 65.74 69.23 -- 2.97
• -}Yorker Trips 0.12 0.14 3.04 0.00 0.01
Subtotal 9,11 65.88 72.27 0.00 97.07
BUILDING CON5iRUCLION
Construction Process
-Off-Road Diesel 9.66 75.70 72.06 - 3,42
-Worker Trips 0.20 0,10 232 0,00 0.03
Subtotal 9.86 75.80 74.38 0.00 3A5
Areltitectural Coatings
-Off-Gasing 62.80 - - -- -
-worker Trips 0.17 0.09 232 0.00 0.03
Subtotal 62.97 0.09 232 0.00 0.03
Asphalt Paving
-Off-Gasing 2.98 - - -
-Off-Road Diesel 3.27 21,99 26,39 -- (1 38
On-Road Diesel 0.67 10.09 2.48 0.20 0.30
-Worker'[yips 0,02 0.01 0,31 0.00 0.00
Subtotal 6.94 .31.99 2938 020 325
MA3{6' UM ALL PHA.SESb 62.97 75.80 74.38 0.20 3.45
i
SCAQMD THRESHOLD 75 100 550 150 150
i
THRESHOLD ERCET:DED No No No No No
a. The URBEMIS2002 printouts aro in Appendix A. The PMtn emissions assume nine acres per day are
i
disturbed during grading with twice deftly watering and speeds restricted to 15 mph or less on unpaved
,surfaces. Only etnission reductions resulting from existing rules and ordinances are inoludcd in the non-
mitigated emissions projections,
b. Building construction activities will occur in several phases and not all building activities will occur
simultaneously on-site. The maximum daily emission projections shown in the UR,BEAIIS output were
included here. The site grading will not occur concurrently with tatter construction activities on-site and,
paving activities are not expected to occur until the construction process is essentially completed and•the
bulk of Die off-road equipment required during peak building activities is no longer operational on-site.
Source: Air Quality and Noise Impact Study prepared by Endo Engineering,June 28,2005
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
• December 2005
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Table 3 - Project Buildout Operational Air Pollutant Emissionso
(Year 2006 Pounds/Day)
Emissions Source ROG NOx co S02 PMIO
SUNLW,R DAY
Motor Vehicles 34.27 3452 476.05 0.42 37.11
i
Area Sources
-Natural Gas 0.07 0,90 0.36 -- 0A0
-Laudscaping 0.07 0.01 0.48 - 0.00
-Consumer PrWucts 0.00 - ---- -- - --
----- -- ----- ----- -----
Subtotal 0.14 0.91 0.34 0.00 0DO
'Eotatl 34.41 40.43 476.99 0.42 37.11
WINNER DAY
;4Lotm• Vehicles 32.71 54.39 383%6 0.36 37.11
Area Sources
-Natural Gas 0.07 0.90 036 - 0.00
• -Landseapin�* -- - -- - --
-Consumer Products -- - -- - --
---- ---- ---- ---- ----
Subtotal 0.07 0.90 0,30 -- 0.00
Total 32.78 5529 384,22 0.36 37.11
SCAQMD THRESHOLD 75 100 550 150 150
THRESHOLD EXCEEDED No No No No No
a. See Appendix A for URBEhMTS2002 (Version 7A.2)output which utilizes EMPAC 2002 Version 2.2.
Source: Air Quality and Noise Impact Study prepared by Endo Engineering,June 28,2005
c) Less Than Significant With Mitigation Required. The air quality study (Endo Engineering,
2005) concluded that cumulative operational emissions generated over the long term by
the proposed project in conjunction with the development of other projects in the region
may exceed the SCAQMD operational emissions significance threshold criteria.
However, the incremental regional air quality impact of the proposed project will be
immeasurably small and has been taken into account in the development of the AQMP.
Adherence to the SCAQMD "Rules and Regulations" and compliance with locally
adopted AQMP and PM10 SIP control measures will help reduce the pollutant burden of
each cumulative project. Appropriate mitigation measures for cumulative impacts such
' as Fugitive Dust Control Plans, grading permits, and TDM plans are required by the City of
Palm Springs and implemented through enforcement of the Palm Springs Municipal
Code. In addition to compliance with applicable rules, regulations and ordinances, the
following mitigation measures are recommended for incorporation in the project to
reduce the potential for potential adverse air quality impacts during construction. With
these mitigation measures, any potential impacts would be less than significant.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
13 ��,r -L9
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Mitigation Measures
MM III-1 The maximum vehicle speed limit on unpaved surfaces of the project site
shall be 15 mph.
MM III-2 Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours and shall minimize obstruction of through-traffic
lanes.
MM III-3 Paving activities on-site shall not occur simultaneously with the peak
construction activity on-site to ensure that daily emissions of NOx
associated with off-road diesel construction equipment will not exceed
the SCAQMD threshold of significance.
d) Less than Significant Impact. During the short-term period of construction, the project
' could have the potential to expose the area to increased levels of dust emissions. A
Fugitive Dust Control Plan would be submitted to the Engineering Division for review and
approval prior to demolition. The project would be required to comply with Chapter 8.50
of the City of Palm Springs Municipal Code (Fugitive Dust Control), 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. Therefore, the project is not
anticipated to expose sensitive receptors to substantial pollutant concentrations. No
impact would occur.
e) Less than Significant Impact. The proposed retail center is not anticipated to generate
any long-term odors. Machinery, equipment, and/or vehicles may emit noticeable odors
during construction. However, these odors are short-term in nature and typical of
renovation and construction. Exposure would be limited to construction workers. Large
numbers of people would not be affected by odors associated with construction. Odors
would cease following completion of the project. Therefore, impacts associated with
exposure of substantial number of people to objectionable odors would be considered
less than significant.
,
I
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
' December 2005
14 `�l "
INITIAL STUDY I MITIGATED NEGATIVE DECLARATION
Less Than
•Significant
Potentially'.; - With,• ,LessThan
_ :Significant.: " Mitigation Significant
.: Irrlp„,act '! 'Incoriiprated 'Impact ::No Impact:,
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies ❑ ❑ ❑
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies or ❑ ❑ ❑
regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands, as defined by Section 404 of
the Clean Water Act (including, but not limited ❑ ❑ ❑
to, marsh, vernal pool, coastal wetlands, etc.),
through direct removal, filling, hydrological
interruption or other means?
d) Interfere substantially with the 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 El ❑ ElConservation Plan, or other approved local,
regional or state habitat conservation plan?
a-b) No Impact. The project will not 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. The proposed
project located in Section 14. As determined in the Section 14 Specific Plan EIR, the area
does not contain any rare, threatened or endangered plant or animal species, and no
sensitive habitat, riparian habitat, or natural community occurs onsite. In addition, the
proposed project site is a highly disturbed area surrounded by development, with
portions of the site paved from previous development activity. Therefore, the project
would not result in impacts to endangered, threatened, or rare species or their habitats
or any riparian habitat or other sensitive natural community.
c) No Impact. The site does not contain any wetland areas or waters. Section 404 of the
Clean Water Act regulates the dredge and/or fill of waters and wetlands of the-United
States, specifically relating to how these activities may cause an adverse effect to, or loss
of, federal wetland/water resources. Regulatory responsibility falls under the jurisdictional
authority of the U.S. Army Corps of Engineers (ACOE). Under Section 404, any
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
15 , 'J
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
development or activity, which may result in temporary or permanent impacts to these
federally-protected resources, must prepare a Pre-Construction Notification for review,
and potential permitting, by the ACOE. Therefore, no impact to federally protected
wetlands as defined by Section 404 would occur.
d) No Impact. The proposed project site is located in a developed, urban area of Palm
Springs, and no corridors or habitat suitable for migratory or wildlife species occur onsite.
Therefore, no migratory patterns of fish or wildlife would be impacted by this project and
no impact would occur.
e) No Impact. The project does not propose any removal or disturbance of sensitive
biological resources or landmark trees. Therefore, no conflicts with local policies or
ordinances protecting biological resources would occur.
f) No Impact. The City of Palm Springs does not have an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or State
habitat conservation plan. Therefore, the project would have no impact on these types
of plans.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
16 6 opm+rl
1.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
_ Less,'Tfian .
&�mficanY '
>Polen6ally .With Less n _
;;,Significant Mitigation - Significant
Impact .=F+ IncgrpoFated : Impact No Impact,' ,
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the ❑ Elsignificance of a historical resource as defined in El 19
Section 15064.5?
b) Cause a substantial adverse change in the ❑ El ❑
significance of an archaeological resource
pursuant to Section 15064.5?
c) _ Directly or indirectly destroy a unique ❑ ® ❑ El
resource or site or unique
geological feature?
d) Disturb any human remains, including those ❑ ® ❑ ❑
interred outside of formal cemeteries?
a,b) No Impact. The EIR prepared for the Section 14 Specific Plan determined that
development of the project site would not cause substantial adverse changes to
historical and/or archaeological resources as defined in section 15064.5. Therefore, no
impact would occur
c:,d) Less Than Significant With Mitigation Required. The proposed project would occur within
Section 14, on reservation land of the Agua Caliente Band of Cahuilla Indians. The
possibility exists that clearing, brushing, and excavation may expose subsurface
resources, which may meet the criteria for significance as defined by state and federal
regulations. If any cultural material is observed, the archeological monitor shall have the
authority to stop or divert work until the material can be assessed. This would also apply if
any human remains were found. With these mitigation measures, any potential impacts
would be less than significant.
Mitigation Measures
MIA V-1 If potential historic, archaeological, or paleontological resources are
uncovered during excavation or construction activities at the project site,
work in the affected area will cease immediately and a qualified person
(meeting the Secretary of the Interior's standards (36CFR61)) shall be
consulted by the applicant to evaluate the find, and as appropriate
recommend alternative measures to avoid, minimize or mitigate negative
effects on the historic, prehistoric, or paleontological resource.
Determinations and recommendations by the consultant shall be
implemented as deemed appropriate by the City, in consultation with the
State Historic Preservation Officer (SHPO) before any further work
commences in the affected area.
MM V-2 If human remains are discovered, work in the affected area shall cease
immediately and the County Coroner shall be notified. If it is determined
that the remains are potentially Native American, the California Native
American Heritage Commission shall be notified and appropriate
measures provided by State law shall be implemented.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
17 ����
INITIAL STUDY I MITIGATED NEGATIVE DECLARATION
... . -
- -.Less'Than -- -
`
Significant "
.
.ess Than,flan Pote'fiaily :!With
Significant hli it.
-Significant,,,
_ Impact,`,, Incorporated Impact ;_No Impact,
VI. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death, involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other ❑ ❑ ® ❑
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ❑ ❑ ® ❑
iii) Seismic-related ground failure, including El El ❑
liquefaction?
iv) Landslides? ❑ ❑ ❑
b) Result in substantial soil erosion or the loss of ❑ El ❑
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or off- ❑ ❑ ❑
site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater El El ❑
disposal systems where sewers are not available for
the disposal of wastewater?
a)
i) Less Than Significant Impact. The site is not located within an Alquist-Priolo
earthquake hazard zone and there are no known faults crossing or in the vicinity
of the project site. However, the project site, as with virtually all sites within the
state, would be vulnerable to ground shaking in the event of an earthquake. The
project site and surrounding vicinity are relatively flat eliminating the potential for
landslides. The City of Palm Springs General Plan requires that the project be
designed and constructed in accordance with the requirements of the Uniform
Building Code (UBC). Adherence to the provisions of the UBC would reduce
potential for structural damage in the event of an earthquake. Therefore, a less
than significant impact would be likely to occur.
ii) Less Than Significant Impact. Any major earthquake damage in the City of Palm
Springs is likely to occur from ground shaking and seismically related ground and
structural failures. Local soil conditions, such as topography, soil strength,
thickness, density, water content, and firmness of underlying bedrock affect
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005 '1!rF(r'!'�,r
18
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
seismic response. Seismically induced shaking and some damage should be
expected to occur but damage should be no more severe in the project area
than elsewhere in the region. Therefore, a less than significant impact would be
likely to occur.
iii) No Impact. There are no known geological hazards caused by ground failure or
liquefaction, which would prevent use of the site. The project area lies in Section
14 and has a relatively high groundwater level lowering the possibility of
liquefaction. The proposed project, like all development in the City, would be
required to conform to the Uniform Building Code, with structural design prepared
by a State of California registered professional engineer. Therefore, no impact
would occur.
iv) No Impact. The ground is level and approval of the project would not expose
people or structures to potential landslides. Therefore, no impact would occur.
b) No Impact. The proposed project would be built on a flat piece of land. Movement of
onsite soils would occur during the construction phase of the proposed project. All
excavated soil material would be subject to Construction-Phase Best Management
Practice (BMP) requirements for erosion control as a part of the proposed project's
compliance with the Regional Water Quality Control Board's (RWQCB) National Pollution
Discharge Elimination System (NPDES) Permit and Storm Wafer General Permit (See
discussion under Hydrology Section). In addition, existing codes regulate land grading
and erosion control if and when construction occurs during winter months (November-
March) when precipitation is most likely to occur. Therefore, no impact would occur.
c-d) No Impact. See items a and b, above.
e) No Impact. The project would not 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. The proposed project site is located in a
developed, urban area currently served by the City of Palm Springs wastewater disposal
system. Therefore, no impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Lem Than ,-
Potentially,: , Significant With, Le'ssThap
Significant: Mitigation - Significant No
I act,,. ,,; Imo{porate,, ' .Impact Impact_':
VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
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 ❑ ❑ ❑ ID
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances or waste El ❑ Elwithin 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 §65962.5 and, as a result, ❑ ❑ ❑
would it create a significant hazard to the public
or the environment?
e) For a project located within an airport land use
plan area or, where such a plan has not been
adopted, within two miles of a public airport or a El ❑ Elpublic use airport, would the project result in a
' safety hazard for people residing or working in
the project area?
fl For a project within the vicinity of a private
airstrip, would the project result in a safety hazard ❑ ❑ ❑ 10
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?
a, b) No Impact. The proposed project will not create a significant hazard to the public or the
environment through the routine transport, use or disposal of hazardous materials
Therefore, no impact would occur.
• c-d) No Impact. The project site is not included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5. No impact would occur.
• e-f) No Impact. The nearest airport is the Palm Springs Regional Airport located at Gene
Autry Trail. The proposed project site is not within the Noise Impact Combining Zone
(Palm Springs General Plan 1993).
g) No Impact. The City of Palm Springs Emergency Plan was established to 'address
• planned response to extraordinary emergency situations associated with natural disasters
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
20 P(-r
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
and technological incidents. The Plan focuses on operational concepts relative to large-
scale disasters, which can pose major threats to life and property requiring unusual
emergency responses. Therefore, no impact is anticipated.
h) No Impact. Based on the site's location in an urban area, it would not be subject to
wildland fire. No impact would occur.
City of Palm Springs Case No. 5,1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
21
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
., Less Than
�.Sign
ificant
Potentially With "Less Than
. .. ._, . t 'Mitigatwn - SigmpfaaM Significan iporat Imctt oIn ed , -
,No ImpcCpaC pe ,
..
Vill. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste El El ® ❑
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater ❑ ❑ ❑
table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would
not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of
' the site or area, including through the alteration of
the course of a stream or 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 river, or substantially ❑ ❑ ® ❑
increase the rate or amount of surface runoff in a
manner that would result in flooding on-or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned El El ® ❑
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
i) Otherwise substantially degrade water quality? ❑ ❑ ® ❑
g) Place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary or ❑ El ElFlood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures El El El
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including ❑ ❑ ❑
flooding as a result of a failure of a levee or dam?
j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ El
a, e, f) Less Than Significant Impact. No water resources are present on the proposed project
site; however, it is drained by the Whitewater River, which is usually dry, but is subject to
substantial flash flood flows. The proposed project must file a Notice of Intent to control
the discharge of pollutants to the maximum extent practicable under the NPDES
Construction Stormwater Permit and General Municipal Permit regulated by the Regional
Water Quality Control Board (RWQCB).
Since the site is currently undeveloped, there would be an increase in impervious
surfaces and an increase in the rate and amount of surface run-off and storm water
volume. The Master Drainage Plan for the City of Palm Springs sets the standard that
' City of Palm Springs Case No. 5.1025 PD-307 Tabquitz Plaza/Vans Retail Center
December 2005
22 `''
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
runoff from a ten year frequency storm is allowed to accumulate in the streets until it
reaches the top of the curb. Flows exceeding the ten-year frequency storm will
generally be carried within the street (ght-of-way and a combination of both the street
and the underground storm drain provides a high-level of protection. Landscaped areas
would be designed in accordance with the City of Palm Springs Municipal Code
Chapter 8.0 relating to water efficiency landscaping. Additionally, the project proposed
to use on-site detention systems.
The proposed project would comply with all applicable water quality standards or waste
discharge requirements, thereby avoiding violation of such standards or requirements.
Therefore, a less than significant impact would occur.
b) No Impact. A net deficit in aquifer volume or a lowering of the local groundwater table
is not anticipated and therefore, no impact would occur.
c-d) Less Than Significant Impact. The project would not alter the course of any stream or
river as none are located on-site or in the immediate vicinity of the site. The project may
result in a slight change to the existing drainage pattern, due to the increased impervious
surface area on a site that is currently undeveloped and vacant. All stormwafer runoff
across the project site would be accepted and conveyed in a manner acceptable to
the City Engineer and released to an approved drainage system. Moreover, on-site
detention is proposed. The project is also subject to flood control and drainage
implementation fees of$9212.00 per acre per resolution No. 15189. Therefore, this impact
would be less than significant.
g-h) No Impact. The proposed project is not located within the 100-year or 500-year flood
plain area as designated by FEMA's Flood Insurance Rate Map (FIRM) of the project site.
Therefore, no impact would occur.
i) No Impact. The Palm Springs General Plan Environmental Impact Report does not
identify risk of loss, injury, or death due to flooding as a result of levee or dam failure as in
the City of Palm Springs. Therefore, no impact would occur.
j,) No Impact. The proposed project is not located in an area subject to seiche, tsunami or
mudflowTherefore, no impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
23 �"
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
'Less Than
Potentially Significant With, �' 'Less Than
"Sighific'a`nt •Mitiga ion Significant Noq "
-I' act Incorporates). Impact'.
IX. LAND USE AND PLANNING. Would the project:
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 1-1 El El' 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 ❑ El El
or natural community conservation plan?
a) No Impact. The proposed project would add new retail uses to the established
community through the addition of a retail center on a piece of vacant land that is
currently surrounding by commercial and retail uses. The project would not divide an
established community and no impact would occur.
b) No Impact. The proposed project would be consistent with the allowable uses within the
RC Resort Commercial and NCC Neighborhood Convenience Center General Plan land
use designations, as well as the RA (Resort Attraction) zoning designation that is
applicable to the project site. The project meets the goals of the Baristo-Farrell
redevelopment area. No other land use plans or regulations are applicable to the
proposed project site. Therefore, no impact would occur.
c) No Impact. The project site is located entirely within a developed urban area that does
not utilize a habitat conservation plan or natural community conservation plan
applicable to the site. No impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December2005
24
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
.. 'Less Than ,
Potentially Significint Wrtk' Leas Than `'
"Significant. AA7[igation „ gnifi can
t; 'No
Impact 'Incarpdiated Impact';'.' ,Impadt
X. MINERAL RESOURCES. Would the project:
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 delineated on a local
general plan, specific plan or other land use plan?
a-b) No Impact. No significant mineral resources have been identified in the project area.
The Palm Springs General Plan EIR (Palm Springs, 1992) has not identified any mineral
resources in the planning area. Therefore, no impact to mineral resources would occur.
City of Palm Springs Case No. 5.1025 PD-307 Talumitz Plaza/Vons Retail Center
December 2005
25 3
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Less Than
.Significant
Potential With Less Than
_ - Sign i 11 Mitigation Sigmicant ' No
Impact.- tnco?posted Impact' `. .Impact-=
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the El El ® El
general plan or noise ordinance or of
applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise ❑ ❑ ❑
levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing ❑ ❑ ® ❑
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above ❑ ® ❑ ❑
' levels existing without the project?
e) For a project located within an airport land use
' plan area or, where such a plan has not been
' adopted, within two miles of a public airport or a ❑ ❑ ❑
public use airport, would the project expose
people residing or working in the project area to
excessive noise levels?
0 For a project within the vicinity of a private airstrip,
• would the project expose people residing or El El El• working in the project area to excessive noise
• levels?
a,c) Less Than Significant. The proposed project would result in short-term noise impacts
associated with construction activities, and would cause temporary localized increases
in noise levels to noise-sensitive land uses in the project vicinity. Ongoing intermittent
noises would be associated with commercial development and the associated traffic
that it would generate on area roadways.
The Noise Ordinance is used to regulate noise levels within the City of Palm Springs.
Exterior noise levels up to 60 dBA CNEL are acceptable, while exterior noise levels up to
70 dBA CNEL are conditionally acceptable. Noise levels over 70 dBA are not
acceptable. The nearest noise-sensitive uses are residences located across Andreas
Road. According to the noise study completed by the project (July, 2005), although
traffic associated with the proposed project would generate an audible noise increase
(an increase of 3 dBA or more) along one of the roadways in the project vicinity
(Andreas Road, west of Sunrise Way), the year 2025 project noise level is projected to
remain below 60 CNEL at 50 feet from the centerline of this roadway.
The proposed project would comply with the conditions of the City's Noise Ordinance,
and any impact would be considered less than significant.
b) No Impact. The proposed project would not be anticipated to generate noise that
would subject surrounding residents to noise elevations and/or ground vibration.
Therefore, no impact would occur.
City of Palm Springs Case No.5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
26 . e!!"�r;+-i
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
d) Less Than Significant Impact With Mitigation Required. A noise study prepared by Endo
Engineering (July, 2005) found that on-site operations would generate intermittent noise
increases (during landscape maintenance, ventilation and air conditioning unit
operation, deliveries and other routine activities in the loading area, etc.) determined to
be potentially significant without mitigation. However, with mitigation, exterior noise
levels at the residential development that exists north and northwest of the project site
along Andreas Road are not projected to exceed the interior or exterior noise standards
for residential uses in the Palm Springs General Palm Noise Element. The following
mitigation measures, along with conforming to the City of Palm Springs Noise Ordinance,
would reduce this impact to less than significant.
Mitigation Measures
MM XI-1 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall be
equipped with shrouds.
MM XI-2 Stationary equipment shall be placed such that emitted noise is directed
away from noise-sensitive receptors.
' MM XI-3 Stockpiling and vehicle staging areas shall be located as far as practical
from noise-sensitive receptors.
' MM XI-4 Every effort shall be made during construction activities to create the
greatest distance between noise sources and noise-sensitive receptors
• located in the vicinity of the project site.
MM XI-5 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
MM XI-6 Parking, refueling and servicing operations for all heavy equipment and
on-site construction vehicles shall be located as far as practical from
existing homes.
e-f) No Impact. The proposed project lies within two miles of the Palm Springs International
Airport. The proposed project would be a commercial center, and would not place
noise-sensitive uses within an area potentially affected by overhead airplane noise.
Therefore, no impact would occur.
City of Palm Springs Case No. S.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
27
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
,L
- ess Than
'eSigin [cant -
PotenUally. -WIYh _Less Than ,
Significant ' - Mitigation 'Significant
Impa�ty :Incorporated Ifinpact '' Impact`
MI. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area,
either directly (e.g., by proposing new homes and El El Elbusinesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement ❑ ❑ ❑
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement ❑ ❑ ❑
housing elsewhere?
a-c) No Impact. The existing project site is an undeveloped, vacant piece of land surrounded
primarily by existing commercial structures. The proposed project would be located in a
large-scale retail commercial zone, and would add retail services to the area. The
proposed project is located in an existing developed area with existing water, sewer,
electrical, and phone lines. No changes to infrastructure with the potential to induce
substantial population growth would be required. The project does not propose the
addition or removal of any housing. Therefore, no existing permanent residents or
housing would be displaced to accommodate the proposed project. Therefore, no
impact on population and/or housing would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
28
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
`. WLessThan
potentially .:Sgnificant rth , Less Than.
_ Signi(icant� Mitigation ...,;Significant ' 'Na ,
*. Irnpa4Y� Incorporated Impact', ImPad
XII1. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in
order to maintain acceptable service ratios, response times or other performance objectives for any of
the following public services:
a) Fire protection? ❑ ❑ ® ❑
b) Police protection? ❑ ❑ ® ❑
c) Schools? ❑ ❑ ❑
d) Parks? ❑ ❑ ❑
e) Other public facilities? ❑ ❑ ❑
a,b) Less Than Significant Impact. 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 C. 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. Therefore, a less than significant impact would
occur.
c) No Impact. The project does not propose any new residences or other facilities that
would affect schools. Therefore, no impact would occur.
d-e) No Impact. The project is a retail and commercial center and does not include any
development or uses that would lead to an increased demand for parks and recreation
services or other public facilities. Therefore, no impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
29 �5^d
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
i
Significant
Potentially_ , ' With Less Than
'Significant Mitigation Significant No
Impact Incorporated, ImpactImpact
XIV. RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical ❑ ❑ ❑ ID
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities, or
require the construction or expansion of ❑ ❑ Elrecreational facilities, which might have an
adverse physical effect on the environment?
a-b) No Impact. The project does not propose any new residences or other facilities that
would affect existing parks and recreation facilities. The proposed project does not
include any development or features that would increase the use of existing recreation
facilities or increase demand for additional recreational facilities. The proposed project
does not include any new recreational facilities. Therefore, no impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
30 �� t
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
i
Less Tban , ..
Significant
Potentially' -=;With ��Less Than
SigmOcant, Mitigation! Significant ; - ;'No
'..Impact.,, ,;,F"Incoiporated Impact,. Impact,
.. t
XV. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in traffic that is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial El ® El El
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 result 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? ❑ ❑ ❑
0 Result in inadequate parking capacity? ❑ ❑ ❑ 19
g) Conflict with adopted policies, plans or programs
supporting alternative transportation (e.g., bus ❑ ❑ ❑
turnouts, bicycle racks)?
o,b) Less Than Significant Impact with Mitigation Required. The project proposes one main
accessway and a service/employee accessway off of Andreas Road; a right-turn only
accessway off of Sunrise Way; and a right-turn only accessway off of Taquitz Canyon
Way. A total of 356 parking spaces would be provided. A study was prepared by Endo
Engineering (May, 2005) and found that levels of service at site accessways would be
unacceptable, but all of the signalized key intersections will provide LOS C or better
operation during peak hours. Site traffic would not cause the year 2006 peak hour levels
of service to drop at any of the signalized intersections. The study area includes six
existing key intersections. The intersection of Sunrise Way and Andreas Road will require
signalization to provide acceptable levels once project-related volumes are added.
The traffic study identified a need to construct circulation improvements on the streets
immediately abutting the project site as a way of accommodating traffic related to the
proposed project. Improvements are tentatively characterized as changes to medians
in Sunrise Way and Tahquitz Canyon Way to control traffic flow, signalization of the
intersection of Andreas Road and Sunrise Way, and intersection widening and re-
signalization at the intersection of Sunrise Way and Tahquitz Canyon Way.
With the following mitigation measures are recommended to reduce potential .traffic
impacts associated with the proposed project, impacts associated with the proposed
project would be reduced to a level less than significant:
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
31 o,fnrd�
9NITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Mitigation Measures
MM XV-1 To ensure compliance with City access and design standards, the final
building and parking layout, and site access design shall be subject to the
review and approval of the City Traffic Engineer as part of the
development review process.
MM XV-2 Clear unobstructed sight distance shall be provided at all unsignalized site
driveways on master planned streets.
MM XV-3 The project proponent shall coordinate with SunLine Transit Agency and
the Agua Caliente Planning Building and Engineering Department
regarding the need for public transit facilities on-site such as transit route
maps and a shuttle/bus stop.
MM XV-4 The project proponent shall be required to contribute to the cost of
project related circulation improvements required as conditions of
• approval on Andreas Road on the north side of the project, at the
intersection of Andreas Road and Sunrise Way, on Sunrise Way between
Andreas Road and Tahquitz Canyon Way, at the intersection of Sunrise
Way and Tahquitz Canyon Way, on Sunrise Way south of Tahquitz Canyon
Way to accommodate improvements to that intersection, and on
Tahquitz Canyon Way along the south side of the project, all as specified
by the City Engineer for the purpose of mitigating impacts from the
increase in traffic related to this project.
c-g) No impact. The proposed project is not anticipated to exceed either individually or
cumulatively a level of service standard established by Riverside County. The project
would not result in significant increases in traffic volumes on area roadways, nor would it
result in an exceedance of a county established level of service. The total parking
spaces required for the project is 290 and the total spaces that would be provided is 356.
Therefore, no impact would occur.
City of Palm Springs Case No. 5.f025 PD-307 Tahquitz aza/Vons Retail Center
December 2005
32 �CAe a Y
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Cess,Than
Patentially, Significant With Less Than '
•Significant 61itigation ";Significant No
_.r:.' Impact Iocorporated = Impaq _ ';Impact,,,,,,
XVI. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the El El ® ❑
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of El 1-1 El ❑
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing El El ® Elfacilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve
the project from existing entitlements and ❑ ❑ ® ❑
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to serve the ❑ ❑ ® ❑
project's projected demand, in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste ❑ ❑ ❑
disposal needs?
g) Comply with federal, state and local statutes and El El ❑
regulations related to solid waste?
a-e) Less Than Significant Impact. The project would not significantly increase the amount of
wastewater flows to the RWTP. Further, the project would not result in a need for
additions or improvements to wastewater service or infrastructure, and all onsite
drainage facilities would be constructed in accordance with the National Pollution
Discharge Elimination System (NPDES) Permit and Storm Water General Permit. As
described in the City of Palm Springs General Plan EIR, capacity requirements at the
treatment plant are calculated on population based water-flow projects and are not
related to specific land uses or designations. As the proposed project would not
substantially add to flows anticipated under the general plan and no expansions in
treatment capacity would be necessary, impacts to wastewater treatment are not
considered significant.
f-g) No Impact. The City of Palm Springs contracts with Palm Springs Disposal Services (PSDS)
for solid waste collection services. Solid waste generated in the area is disposed of at the
Edom Hill landfill or the Coachella landfill. As of the 1993 General plan, these landfills
were anticipated to have a remaining life of 30 years and 26 years respectively. In
addition, the proposed project would comply with all federal, state and local regulations
regarding the transport and disposal of hazardous waste, should any be found to occur
• during project activities.Therefore, no impact would occur.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
33
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Less Than '
` Ainificant .
Potentially , With' Less Than _
significant mitigation `- 3igniii t - No `:
Impact ' , fin` rporated •.'Impact .Impact` -
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish
or wild-life population to drop below self-
sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑
animal community, reduce the number or restrict
the range of rare or endangered plants or animals,
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? "Cumulatively considerable" means
that the incremental effects of a project are ❑ ❑ ® El
when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future
projects.
c) Does the project have environmental effects that
will cause substantial adverse effects on human ❑ ❑ ❑
beings, either directly or indirectly?
a) No Impact. The proposed project would not degrade the quality of the environment;
result in an adverse impact on fish, wildlife, or plant species including special status
species, or prehistoric or historic cultural resources because project components do not
include any construction or development on areas that are not identified as sensitive.
: Prehistoric or historic cultural resources would not be adversely affected because no
archeological resources are known to exist in the project areas, and the proposed
project would be subject to mandatory mitigation measures regarding the preservation
of the Federal, State, and local historic sites. Further, project implementation includes
compliance with appropriate procedures for avoiding or preserving artifacts or human
remains, archeological, or paleontological resources if they are discovered.
b) No Impact. The project would be consistent with the City's General Plan and Section 14
Specific Plan and would not create any significant impacts. The proposed project is for
the construction and operation of a retail center. Other projects in the area include a
hotel, restaurants, a gas station, a commercial building, and a condominium complex.
The proposed project is located in a commercial area where it is expected that active
uses such as the contemplated use would occur. Adhering to basic regulatory
requirements and/or conditions of approval would reduce all project impacts.
c) No Impact. The preceding discussion has outlined the potential impacts and mitigation
measures to reduce those impacts to less than significant. Therefore, the proposed
project would not have any direct or indirect adverse impacts on humans.
City of Palm Springs Case No. 5.1025 PD-307 Tahquitz Plaza/Vons Retail Center
December 2005
34
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
REFERENCES
1) City of Palm Springs. City of Palm Springs Draft Environmental Impact Report, December
1992.
:2) City of Palm Springs. City of Palm Springs General Plan. 1992.
:3) City of Palm Springs. Section 14 Specific Plan.2004.
14) Government Code Section 65962.5(f), "Hazardous Waste and Substances Statement".
:5) Endo Engineering. Tahquitz/Sunrise Shopping Center Traffic Impact Study Response to
Comments and Supplemental Analysis. May 11, 2005.
6) Endo Engineering. Air Quality and Noise Impact Study for Tahquitz/Sunrise Shopping
Center. June, 28 2005
7) Agua Caliente Planning, Building, and Engineering Department. EIR/EIS Section 14
Master Development Plan. July 2002
8) Endo Engineering. Tahauitz/Sunrise Shopping Center Traffic Impact Study. (March, 2005).
9) "Hydrology Study,Tahquitz Plaza" prepared by Sanborn A/E, Inc., dated Sept. 7, 2005.
H:\USERS\PLAN\5.1025 PD 307 Von's Center\Ewo-MND\MND-2005-1229.doc
City of Palm Springs Case No. 5.1025 PD•307 Tahquitz Plaza/Vons Retail Center
December 2005
7?7C 1'r:il
STATE OF CALIFORNIA•THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 2Cu5 i:;":j 9 rye+n
U= 2
ENVIRONMENTAL.FILING FEE CASH RECEIPT
J,',; r_5 } :L, -,. ;,:-1, , Receipt N 200600362
CITY CLL;?}'
LeadAgeucy CITY OF PALM SPRINGS Date 03/29/2006
Counrydgency ofl,zlmg Riverside Document No: 200600362
Project Title: TAHQUITZ PLAZA/VONS RETAIL CENTER-CASE 5.1025 PDP 307
Protect 4ppllcanlNanrc. H&H INVESTMENTS, I.LC Phone Number
Project Applicant Address 1770 NORTII BUFFALO DR LAS VEGAS,NV 39129
Project Applicant. Private Entity
CHECK APPLICABLE FEES
❑Environmental Impact heport
❑Negative Declaration
❑Application Fee llrater Droearon(Slnlc IVuler Resources Control Boat Only)
❑Protect Subject to Cert fed Regulatory Programs
(]Count),Adnnmzstration Fee $64.00
0 Project that is exempt from fees(Debluutnts 8xetnpua)
❑Project IAat Is exempl from fees(Nonce of E.rcmptron)
Total Received S64.00
Signature and nllc of petson receivzng pa,men t
Nntee:
NOTICE OF DETERMINATION
To: EF � � � am:
Office of Planning and Research RVVERSVDE COuy vi of Palm Springs
1400 Tenth Street, Room 121 6�� 9 �ggB Department of Planning Services
Sacramento, CA. 95814 P.O. Box 2743
� Palm Springs, CA 92263-2743
x County Clerk sy a?.y w
yer
Deputy
P.O. Box 751
Riverside, CA 92502-0751
Subject:
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources
Code.
Applicant Name: H&H Investments. LLC "
Address: 1770 North Buffalo Drive, Las Vegas, Nevada 89128
Telephone Number: Hank Gordon, 702-2204500 `
Project Title: Tahquitz Plaza/Vons Retail Center-Case 5.1025
Planned Development District 307 S`7
Edward Robertson 760-323-8245 �.._'
State Clearinghouse No. Lead Agency Area Code/ `
(if submitted to Clearinghouse) Contact Person Telephone
Project Location: South side of Matthew Drive at Linden Drive, Palm Springs, California, Riverside County
Project Description: Planned Development District for grocery store and related uses, and to establish
design standards and guidelines for a proposed 94,000-square foot, multiple-building shopping center, two
pads totaling 11,000 square feet for future buildings, driveways, parking lots, sidewalks, and landscaping,
along with project architectural approval.
This is to advise that the City of Palm Springs has approved the above-described project with approval effective on
February 15,2006,and has made the following determinations regarding the above described project
1. The project[_will X will not]have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to provisions of CEQA.
X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures[ X were were not] made a condition of the approval of the project.
4. A Statement oP Overriding Considerations [was was X was not]adopted for this project
5. Findings[_XL were_were not]made pursuant to the provisions of CEQA.
This is to certify that the[ X Negative Declaration_Final EIR with comments and responses and record of project
approval]is available to the General Public at:
CitV of Palm S rin s Department of PlannincLServices, 3200 E. Tah wtz Can4on_Way. Palm Springs, California
3 A6 d 6 Director
n r u gency) Date Title
H'WSERSIPLAN\5.1025 PD 307 Von's CentenEnvlo-MNOINOD 5.1025 Vons Tahquln 2006-0320.doe
California Department of Fish and Game
Certificate of Fee Exemption
De NTinimis Impact Binding
Project Title: Tahquitz Plaza/Vons retail Center
Case 5.1025, Planned Development District 307
Project Location (including County):
Northwest coiner of Tahquitz Canyon Way and Sunrise Way. APN .
Name and Address of Project Proponent:
Laurich Properties for H&H Investments, LLC, 1770 North Buffalo Dr., Las Vegas,NV 89128
Project Description:
Planned Development District for grocery store and related uses, and to establish design
standards and guidelines fox a proposed 94,000-square foot, multiple-building shopping center,
two pads totaling 11,000 square feet for future buildings, driveways, parking lots, sidewalks, and
landscaping, along with project architectural approval.
Findings of Exemption:
I. An Initial Study has been conducted by the City of Palm Springs to evaluate the potential
for adverse environmental impacts-
2. A Mitigated Negative Declaration has been prepared by the City of Palm Springs.
3_ The lead agency has no evidence before it, including the information in the Initial Study,
the Mitigated Negative Declaration, and public comments, to indicate that the proposed
project could have any potential for an adverse effect on fish and wildlife resources or the
habitat upon which the fish and wildlife depends.
Certification:
I hereby certify that the lead agency has made the above findings and chat based upon the record,
the project will not individually or cumulatively had an adverse effect on fish or wildlife
resources, as defined in Section 7112 of the fish and Game Code.
�il
ing DateI ing ervices
City of Palm s
I IAUSERSIPLAMS,1025 PU 107 Von's Center\Envio-MNDAX MINIMIS IMPACT PINDINC 5.1025 Vons 2006.0320.doc
CE.!1 ED
PROOF OF PUBLICATTQ1 is Is space for County Clerk's filling Stamp
(2015.5.C.C.P) u
N0, 0727 -' -
NOTICE OF PUBLIC HEARING
CUCIL
S'1'A'fG OF CALIFORNIA
CITY OFF PALM SPRINGS
County of Riverside CASE; 5.1025 - pp_307
TAHOUITZ PLAZA y VONS RETAIL CENTER
PLANNED DEVELOPMEN
TAIJOUITXNORTHWEST CORNERT
CANYON ,
WAY A SUNRISE WAY
NOTICE IS NEgEBy GI ENthat the City Counetl
of the Sp
heIt
aring et ni,, r,etl9, California
ill 2ocf
I am:a citizen of the ljnited States and a resident of P he C 1. cli ch li A r.c ttyyb '"$ at e'ov n•m., In
the County aforesaid;I am over the age of eighteen quitr Can on W y, palms$ ings 3200 East Tah-
y a prin
years,and not a party to or interested in the TheaPlo„tie of this hearing Is tp Consider qn o -
above-entitled matter,I am theprincipal clerk of a posud planned Oevvly mmenle, LI,C for pro-
development ana operation P ent Dlatrlct 807,and rile
foot ahp gg Of a 114,0o. p printer of the,llP.SERT SUN PUBLISHING .ize fromp15.0 center with Alx bulldings ranging In
COMPANY a newspaper of general circulation, northwest corner of Ten uitz�an of,,,t `ho
printed and published in the city of Palm Springs, sunrise way, Section 14 specific R;o Ray and
County of Riverside,and which newspaper has been ,
adjudged a newspaper of general circulation by the
Superior Court of the County of Riverside,State of
California under the date of March 24,1988.Case
_.--Number 191236;that the notice,of which the min
it - -
annexed is a printed copy(set in type not smaller �,I:_=
than non pariel,has been published in each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit;
March 4"',2006
All in the year 2006dNNegaT eLpedle aRtlo INagTiOpN`-a ee Tier
thl�If prefect under the g1, 31lnag of the pared
for
Newad dental OuAll{y qct(CECq) and will be re-
IS certify(or declare)under penalty of perjury that the y thpe City Council at the nearing, Mom-
fOragvin„is true and correct, �Ienning Services o"anmonihlcit hlaliebt at the
the hours of 8:00 a.m. and 3.00
a through Friday. p•m. Monday
Dated at Palm Sp California this—6 ---day
reEportrtenq OF
there4ECT INFORMATION;The uteri
the pprotIect Are el.o Parting documents regardlnp
rch----—,- v006 Cdy Hap 4vallable for public review at
b'I oen the houw of 8.Op a.m.and 5 p0
m., Monday throepIf Frldeyy, Pleage ton'tnd the
aAlce of}tie City G7erk at (760J 325.8204 if ou
= would like tp echadule an sppolntmcnt to review
--�- theso documents pp
Si nature TOOthi COMMENT
May beSmetleLver6pllly0 tit thesp�b5
Hearin and/or In writing before the haannpp. writ-
ten letter 11t1 may be made t0 the Clry Douncll
by letter(for mall or hand dell 0 the to;
3200 E.ea TahgWtr n6aniton 2 ty Palm Spring;, Cq rJ2262
Any challenge of the or protIOct in court
may be limited to raising only those resew ralaea
at the public hearing riescribed m this notics Or
•�, Cl Written cp rlosp{o denCe delivered to the City
J Clark et, or p publlc hearing. (GovErn-
p ment Cpd0 Section 6500g(bj[2]).
6O An oppartuhiry will be given at said hearing for all
ergIntgeresled persons to be heard,Ouastlons regartl-
son$ogee May ba directed to Edward O. 13ob-
700,323.8yg5 ring Services Department, at
$I necesita syuda con e;,ta carts,porfavpr Ilame s
la Ciudad de Palm 5prings y uado
.824 hablar Con
Nadine Fipger telefono Fe) y& 5,
Psbllahad;3/4/200e James,Thompson, Clty Clerk
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE: 5,1025 - PD-307
TAHQUITZ PLAZA/VONS RETAIL CENTER PLANNED DEVELOPMENT
NORTHWEST CORNER, TAHQUITZ CANYON WAY& SUNRISE WAY
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of March 15, 2006. The City Council meeting begins at 6:00
p.m., in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by H&H Investments, LLC for a
proposed Planned Development District 307, and the development and operation of a 94,000-
square foot shopping center with six buildings ranging in size from 5,000 to 55,000 square feet
at the northwest corner of Tahquitz Canyon Way and Sunrise Way, Section 14 Specific Plan
RA.
ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared
for this project under the guidelines of the California Environmental Quality Act (CEQA) and will
be reviewed by the City Council at the hearing. Members of the public may view this document
at the Planning Services Department, City Hall, between the hours of 8:00 a.m. and 3:00 p.m.
Monday through Friday.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are also available for public review at City Hall between the hours of 8:00
• a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760)
323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward O. Robertson, Planning Services Departmen_t,_at
760-323-8245.
Si necesita ayuda con esta carta, porfavor (lame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
Z/1"nes Thompson, City Clerk
<""`•� Department of Planning Services W
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CITY OF PALM SPRINGS
CASE NO: 5.1025 PD-307 DESCRIPTION: Application by H & H Investments, LLC for
a proposed Planned Development District 307 and the
APPLICANT: H & H Investments, LLC development and operation of a 94,000 square foot
Tahquitz Plaza/Vons shopping center at the northwest corner of Tahquitz Canyon
Retail Center Way and Sunrise Way, Zoned RA, Section 14.
APN: 508-070-042, 508-070-035.
tijll��D
a. Ord
FV P,LA4
�ho ` --'2 C City ®f Palm Springs
�
U to
* , Office of the City Clerk
•°' * 3200 E.Tiliquitz Canyon Way Pah Springs,
S ringso California 92262
�RPORAIV
C Tel: (760)323-8204 ° Fax: (760)322-8332 ° Web:www.ci.palm-sptings.ca.us
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing, to consider an application by
H&H Investments, LLC for a proposed Planned Development District 307, and
the development and operation of a 94,000-square foot shopping center with six
buildings ranging in size from 5,000 to 55,000 square feet at the northwest
corner of Tahquitz Canyon Way and Sunrise Way, Section 14 Specific Plan RA,
was mailed to each and every person set forth on the attached list on the 2"d day
of March, 2006, in a sealed envelope, with postage prepaid, and depositing same
in the U.S. Mail at Palm Springs, California. (195 notices mailed)
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 2nd day of March, 2006.
/MES THOMPSON
City Clerk
/kdh
HAUSERS\C-CLK\Hearing Notices�Affdavit-TahquitzPlaza 03-15-06 PHN.doc
• Post Office Box 2743 0 Palm Springs, California 92263-2743
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE: 5.1025 - PD-307
TAHQUITZ PLAZA/VONS RETAIL CENTER PLANNED DEVELOPMENT
NORTHWEST CORNER, TAHQUITZ CANYON WAY & SUNRISE WAY
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of March 15, 2006. The City Council meeting begins at 6:00
p.m., in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
'The purpose of this hearing is to consider an application by H&H Investments, LLC for a
proposed Planned Development District 307, and the development and operation of a 94,000-
square foot shopping center with six buildings ranging in size from 5,000 to 55,000 square feet
at the northwest corner of Tahquitz Canyon Way and Sunrise Way, Section 14 Specific Plan
RA.
ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared
for this project under the guidelines of the California Environmental Quality Act (CEQA) and will
be reviewed by the City Council at the hearing. Members of the public may view this document
at the Planning Services Department, City Hall, between the hours of 8:00 a.m. and 3:00 p.m.
Monday through Friday.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are also available for public review at City Hall between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760)
323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Edward 0. Robertson, Planning Services Department, at
760-323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
,Ja es Thompson, City Clerk
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NEIGHBORHOOD COALITION REPS
Public Hearing Notice MS APRIL HILDNER MR TIM HOHMEIER
Case 5.1025 PD-307 (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES)
Tahquitz Plaza/Vons Center 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA
CC Meeting 03.15.06 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264
MS SHERYL HAMLIN MR JOHN HANSEN
MS ROXANN FLOSS (HISTORIC TENNIS CLUB AREA) (WARM SANDS NEIGHBORHOOD)
(BEL DESIERTO NEIGHBORHOOD ) 565 WEST SANTA ROSA DRIVE PO BOX 252
930 CHIA ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263
PALM SPRINGS CA 92262
MS MALLIKA ALBERT MS DIANE AHLSTROM MR KENT CHAMBERLIN
(CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) (TENNIS CLUB AREA)
2241 NORTH LEONARD ROAD 475 VALMONTE SUR 373 MONTE VISTA
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR BOB MAHLOWITZ
(SUNMOR NEIGHBORHOOD GROUP) MS PAULA AUBURN MR BOB DICKINSON
246 NORTH SYBIL ROAD (SUNRISE/VISTA CHINO AREA) VISTA LAS PALMAS HOMEOWNERS
PALM SPRINGS CA 92262 1369 CAMPEON CIRCLE 755 WEST CRESCENT DRIVE
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR BILL SCOTT
(OLD LAS PALMAS NEGIBORHOOD) MR. SEIMA MOLOI MODCOM AND
540 VIA LOLP, (DESERT HIGHLAND GATEWAY) HISTORIC SITE REP
PALM SPRINGS, CA 92262 359 W. SUNVIEW AVENUE
PALM SPRINGS, CA 92262-1459
MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
PO BOX 4738 VERIFICATION NOTICE 1 1 1
PALM SPRINGS CA 92263-4738
CASE NO: 5.1025 PD-307
CITY OF PALM SPRINGS MRS JOANNE BRUGGEMANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING&ZONING DEPT 506 W SANTA CATALINA ROAD INDIANS I I 1 1 I 1
ATTN SECRETARY PALM SPRINGS CA 92262
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
INDIANS SPONSORS I 1 1
650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
ALLEN SANBORN JOHN SANBORN TOM DOCZI
SANBORN A/E, INC. SANBORN A/E, INC. TKD ASSOCIATES
1227 S. GENE:AUTRY TRAIL,#C 1227 S. GENE AUTRY TRAIL,#C 2121 E.TAHQUITZ CANYON WAY,#1
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262
H &H INVESTMENTS, LLC MR HANK GORDON
1770 N. BUFFALO DRIVE,STE. 101 33 CHURCHILL LANE
LAS VEGAS, IVV 89128 RANCHO MIRAGE, CA 92270 n
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ce .J. 'Aj r= al �f')
009-607-458 009-608-568 502-062-001
PALM]REGENCY HOMEOWNERS SECURITY PACIFIC NATL BANK MIKE MICHELLE D
ASSOC 333 S HOPE ST#H26 208 N LURING DR
110 W C ST# 1711 LOS ANGELES,CA 90071 PALM SPRINGS,CA 92262
SAN DIEGO, CA 92101
502-062.-002 502-062-003 502-063-013
FIGONIE ANGELO P GOETZ BLAKE G BIS WURM WAYNE C
366 ROOSEVELT WAY 246 N LURING DR 30349 KEITH AVE
SAN FRANCISCO, CA 94114 PALM SPRINGS,CA 92262 CATHEDRAL CITY, CA 92234
502-063-014 502-063-018 502-063-019
KOOPS RANDALL R TRUST LIBERTY ESCROW INC LIBERTY ESCROW INC
227 N LURING DR 653 N COMMERCIAL RD# 12 653 N COMMERCIAL RD# 12
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262
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502-063-020 502-063-021 502-063-022
LIBERTY ESCROW INC LIBERTY ESCROW INC FREY BARBARA S
653 N COMMERCIAL RD# 12 653 N COMMERCIAL RD# 12 1525 SELBY AVE# 104
PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 LOS ANGELES,CA 90024
502-065-005 502-065-008 502-065-014
PALM SPRINGS OIL CO INC WESSMAN HOLDINGS LLC URRUTIA FRANCISCO J
3410 E FOOTHILL BLVD 300 S PALM CANYON DR 1950 E DESERT PALMS DR
PASAD:ENA,CA 91107 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262
502-065-018 502-065-019 502-161-002
WESSMAN HOLDINGS LLC BROWN HOSEA E AGUANNO ANGELO J
300 S PALM CANYON DR 940 N AVENIDA OLIVOS 3674 E BOGERT TRL
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264
502-161-004 508-070-015 508-070-016
SOUTHWESTERN INVESTMENTS LLC GENERAL TELEPHONE CO OF CALIF SOUTHERN CALIFORNIA GAS CO
23586 CALABASAS RD# 104 PO BOX 152206 101 ASH ST
CALABASAS, CA 91302 IRVING,TX 75015 SAN DIEGO,CA 92101
508-070-026 508-070-030 508-070-035
ESSEX HOUSE CONDOMINIUM CORP BRE ESA PROP USA 508
10400 FERNWOOD RD 345 PARK AVE
BETHESDA,MD 20817 NEW YORK,NY 10154
508-070-042
REDEVELOPMENT AGENCY CITY OF 508-071-001 508-071-002
PALM SPRINGS USA BIA USA BIA
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
508-071-003 - 508-071-004 508-071-005
USA BIA USA 508 USA BIA
508-071.-006 508-071-007 508-071-008
USA BIA USA BIA USA BIA
508-071-009 508-071-010 508-071-011
USA BIA USA BIA USA BIA
508-071-012 508-071-013 508-071-014
USA BIA USA 508 USA 508
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508-071-015 508-071-016 508-071-017
USA BIA USA BIA USA BIA
508-071-018 508-071-019 508-071-020
USA 508 USA 508 USA BIA
508-071-021 508-071-022 508-071-023
USA BIA USA 508 USA BIA
508-071-024 508-071-025 508-071-026
USA 508 USA 508 USA 508
508-071-027 508-071-028 508-071-029
USA BIA USA BIA USA BIA
508-071-030 508-071-031 508-071-032
USA BIA USA BIA USA 508
508-071-033 508-071-034 508-071-035
USA BIA USA 508 USA 508
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508-071-036 508-071-037 508-071-038
USA BIA USA BIA USA BIA
508-071-039 508-071-040 508-071-041
USA BIA USA BIA USA BIA
508-071-043 508-071-045 508-071-046
USA 508 USA BIA USA BIA
508-071-047 508-071-048 508-071-049
USA 508 TUCKER CHARLES K USA 508
1626 AWARD DR
MANCHESTER,MO 63021 '
508-071-050 508-071-051 508-071-052
USA BIA USA BIA USA BIA
508-071-053 508-071-054 508-071-055
USA 508 USA 508 USA BIA
508-071-056 508-071-057 508-071-058
USA BIA USA 508 USA BIA
508-071-059 508-071-060 508-071-061
USA BIA USA BIA USA BIA
508-071-062 508-071-063 508-071-064
USA BIA USA 508 USA 508
508-071-065 508-071-066 508-071-067
USA 508 USA BIA USA BIA
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Iort
508-071-068 508-071-069 508-071-070
USA 508 USA 508 BALKIN BETTY R
1366 E ANDREAS RD
PALM SPRINGS,CA 92262
508-071-071 508-071-072 508-071-073
USA BIA USA BIA USA BIA
1-074 USA E VISTA ST 5 508-071-075 508-071-076
6220
USA USA BIA USA BIA
LONG BEACH,CA 90803 '
508-071-077 508-071-078 508-071-079
USA BIA USA BIA USA BIA
508-071-080 508-071-081 508-071-082
USA 508 USA 508 USA BIA
508-071-083 508-071-084 508-071-085
USA 508 USA BIA USA BIA
508-100-038
508-071-086 508-071-087 USA AGUA CALIENTE BAND OF
USA BIA. USA 508 CAHUILLA
PO BOX 2245
PALM SPRINGS,CA 92263
508-100-040
508-100-039 USA AGUA CALIENTE BAND OF
USA 508 CA14UILLA
PO BOX 2245
PALM SPRINGS,CA 92263
?AM
OF
City of Palm Spltings
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Office of the City Clerk
3200 Tahqwa Canyon Way • Palm SPnngs,C¢LComra 92262
°oznleo' TEL(760)323-8204 • FAX:(760)322-8332 •TDD.(760)864-9527
March 2, 2006
Ms. Claudia Salgado
Bureau of Indian Affairs
901 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Salgado:
RE: City Council Meeting — March 15, 2006
Tahquitz Plaza /Vons Retail Center
Case No. 5.1025, PD-307
The City Council of the City of Palm Springs will be conducting a public hearing relating to the
above referenced subject on March 15, 2006. Enclosed are 35 copies of the public hearing
notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the
project location, labels identifying each parcel, and 25 postage paid envelopes.
The following are Indian owned property within the 400 ft. radius of the subject property:
508-070-035 508-071-049 thru 508-071-069
508-071-001thru 508-071-041 508-071-071thru 508-071-087
508-071-043 508-100-039
508-071-045 thru 508-071-047
Please feel free to contact me if there are any questions or concerns, 323-8206.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
Ikdh
H.WSERMO-CMHearing Notices%Public Hearing Notices to BIA TahquitzRaza 03-15-06 doc
Attachment: Public Hearing Notice (35 copies)
APN Labels
25 Postage paid envelopes
Post Office Box 2743 0 Palm Springs, California 92263-2743
w-
ACIJA CALIENTE BAND O � CAHUILLA MIAV
TRIBAL PLANNING & DEVELOPMENT
WEND FED 2 81006
February 22, 2006
cv
Mayor Ron Oden and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
07.
Re: Tahquitz Plaza Project Proposal, Case 5.1027, PD-307
[Dear Mayor and City Council, L: W,
The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above
referenced project at its meeting of February 7, 2006, and recommends approval of the project
to the City Council subject to the attached conditions of approval as recommended by the Indian
Planning Commission.
Please contact me should you have any questions.
Very truly yours,
PA,
Margaret E. Park, ACP
• Director of Planning
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
Mp/mg
Attachment
C: Tribal Council
Gary Stopp, Chief of Staff
Tom Davis
650 EAST TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
T 760/325/3400 F 760/325/6952 AGUACALIENTE.ORG
ACUA CALIENTE BAND Or CAHUILLA INDIW
TRIBAL PLANNING & DEVELOPMENT `
ATTACHMENT A
Case 5.1025, PD - 307
Conditions of Approval
1. Prior to the issuance of grading permits, the applicant/developer shall pay an
$800/acre ($7,944.00) habitat conservation mitigation fee as called for in the
Tribal Habitat Conservation Plan as it related to the 9.97 acre project proposed,
Case 5.1025, PD— 307.
2. The Agua Caliente Tribal Historic Preservation office (THPO) requests copies of
any cultural resource documentation that might be generated in connection with
this project for permanent inclusion in the Agua Caliente Cultural Register.
3. Experience has shown that there is always a possibility of encountering buried
cultural resources during construction related excavations. Given that, the Agua
Caliente THPO requests that an Approved Cultural Resource Monitor(s) be
present during any survey and/or ground disturbing activities. Should buried
cultural deposits be encountered, the Monitor may request that destructive
construction halt and the Monitor shall notify a Qualified (Secretary of the
Interior's Standards and Guidelines) Archaeologist to investigate and, if
necessary, prepare a mitigation plan for submission to the State Historic
Preservation Officer and the Ag ui Caliente Cultural Resource Coordinator.
650 EAST TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
T 760/325/3400 F 760/325/6952 AGUACALIENTE.ORG