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HomeMy WebLinkAbout2006-03-01 STAFF REPORTS 1C Memorandum Date: February 6, 2006 To: Edward Robertson, Planning From: Scott Ventura, Fire Department Subject: Revised conditions for 156 @ Tahquitz (Palm Springs Modern Homes) 2705 E. Tahquitz Canyon Way Case: 5.1046 TTM 33341 PD-232 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) Building or Complex Gate Locking Devices: If locked gate(s) are included with this project then they shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 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: 1. 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. The Palm Sprigs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 32 feet wide when parking is not allowed on only one side of the roadway. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) Access Gates if applicable: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9- 2.1 NFPA 241995 edition) Operational Fire Hydrants: 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) Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 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. 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) Fire Flow: Fire flow for this project is estimated to be 1000 GPM. 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. City of Palm Springs Fire Department i A. I?p LM Sp9 iy U c u � C oaovaeo` \P q<IFORN CITY COUNCIL STAFF REPORT DATE: March 1, 2006 PUBLIC HEARING SUBJECT: AQUA PALM SPRINGS — 156@TAHQUITZ CASE NO. 5.1046, PLANNED DEVELOPMENT DISTRICT 232, TENTATIVE TRACT MAP 33341, SUBDIVIDING APPROXIMATELY 24-ACRE PARCEL INTO 156 RESIDENTIAL CONDOMINIUM UNITS WITH PRIVATE STREETS, COMMUNITY AMENITIES, AND PROJECT ARCHITECTURAL REVIEW, LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY 'The City Council will consider a proposed 24-acre project consisting of 156 condominium town home units located in clusters around motor courts and internal loop streets, with individual private yard areas, common areas that include access, guest parking, a two community swimming pools, along with the environmental assessment and Negative Declaration for the project. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1046, PLANNED DEVELOPMENT DISTRICT 232, TENTATIVE TRACT MAP 33341, AND ARCHITECTURAL DESIGN, FOR 156-AT-TAHQUITZ, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 156 RESIDENTIAL UNITS AND COMMON AREAS, ON A 24-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13, T4S, R5E, SBBM." 3. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 232, FOR THE PROPERTY LOCATED Item No. 1 . �1 n . City Council Staff Report March 1,2006 -- Page 2 5 1046 PD-232,TTM 33341 ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13, T4S, RSE, SBBM." PRIOR ACTIONS: 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, one member absent). The Planning Commission deleted Public Works Department Condition No. 19 ("The gated entry design of the Main Entry, including widths of ingress and egress lands, shall be subject to the review and approval by the City Engineer and Fire Marshall. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall."). A new condition was inserted to read, "The project shall not have gates that limit public access to the internal private streets." The applicant originally proposed gates, and has requested that gates be allowed. A copy of the applicant's written request is attached. STAFF ANALYSIS: The project consists of a Planned Development District (PDD) to establish design standards and guidelines for a proposed 156-unit condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow re-subdivision of the site for condominium purposes, and Architectural Approval is also requested. The proposed project would be located on an approximately 24-acre site that comprises a later phase of development for an existing project. The existing project is composed of 78 townhouses with fee ownership, common areas, and one developed office building. The proposed project will utilize the un-built portions of the property. Table 1: Comparison of Existing PD-71A and Proposed PD-232 Standards Existing PD-71A Proposed PD-232 Fee-ownership Condominium ownership in new area flow-house clusters with common areas, Clusters of detached homes with and independent commercial lots individual, exclusive use, common space yards, and common areas (streets, pools, pedestrian access ways, landscaping) Independent professional lots along Elimination of professional lots (except for Tahquitz Canyon Way and Farrell Drive one developed lot on Tahquitz Canyon Way) 202 residential lots, 78 of which are built 156 condominium units (234 units w 78 ex 6 professional lots Eliminate 5 professional lots for housing Density = 8.0 du/ac (25.3+ ac excl prof) 6.5 du/ac (24± ac including professional) Overall, cumulative densit = 5.15 du/ac Overall, cumulative density = 5.96 du/ac Use of tandem garages for Plan "D" units t. City Council Staff Report March 1,2006 -- Page 3 5.1046 PD-232,TTM 33341 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 the development concept and standards in Planned Development District 71A can be achieved as follows: 1. The current proposal places clusters of detached homes around motor courts leading from circle drives that lead from the main spine interior street. Occasionally, homes will also front directly onto the circle drives. This differs from the original development concept in which clusters of attached homes fronted directly onto small, internal streets. 2. The current proposal is for homes to extend onto the areas previously intended for office areas. 3. The project proposes tandem garages for thirty-eight (38) units, about 24% of the total. For purposes of entitlement, the tandem spaces are treated as one parking space. 4. The project proponent intends to offer the option of a detached guest house. 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. Pursuant to the California Environmental Quality Act, an Initial Study was conducted for the proposed project. That study concluded that with the incorporation of proposed mitigation measures, any potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and that a Mitigated Negative Declaration can be adopted for the project. The mitigation measures are included in the conditions of approval attached as Exhibit A to the draft resolution of approval. FISCAL IMPACT: Finance Director Review: No fiscal impact. ig . E��ving, � P Thomas Wilso Of, City Manager Dire cLo i f Pla nin Services David H. Ready, City la�rr i City Council Staff Report March 1,2006 -- Page 4 5.1046 PD-232,TTM 33341 Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Development Plans 4. Proposed PD Resolution 5. Planning Commission Staff report 1/25/06 6. Planning Commission Minutes dated 1/25/06 (Excerpts) 7. Copy of Applicant's request for access gates dated 2/15/06 8. Copy of Initial Study and Mitigated Negative Declaration * `y Department of Planning Services W N E u Vicinity Map S W Z Q J 0 ¢' CC d qANDREAS RD J w o O V J } E TAHOUITZ CANYON WY IR ' W w o: a 0 O U VIA VAQUERO RD Legend ® Site O 500'Radius RANCHERO RD F-1 I CITY OF PALM SPRINGS CASE NO: 5.1046 PD-232, DESCRIPTION: Application by Aqua Palm Springs, LLC for a TTM 33341 proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on APPLICANT: Aqua Palm Springs, LLC an approximately 24-acre parcel located at 2705 East Tahquitz Canyon Way, Zoned PD-71A, Section 13. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1046, PLANNED DEVELOPMENT DISTRICT 232, TENTATIVE TRACT MAP 33341, AND ARCHITECTURAL DESIGN, FOR 156-AT-TAHQUITZ, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 156 RESIDENTIAL UNITS AND COMMON AREAS, ON A 24-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13, T4S, RSE, SBBM. WHEREAS, Aqua Palm Springs, LLC (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 232; and WHEREAS, Aqua Palm Springs, LLC (the "Applicant') has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 33341; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm I prings to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, 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 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, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the 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 5.1046 consisting of Planned Development District 232, Resolution No. Page 2 Tentative Tract Map 33341, and project architectural design; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural approval was given in accordance with applicable law; and WHEREAS, on March 1, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. 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: ai. 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 M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one Resolution No. Page 3 covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project consists of condominium units that are consistent with these policies because there is at least one covered parking spaces per unit, because individual units have private yards, because units have individualized entries within clustered motor courts, and because the units have articulated exterior elevations with numerous corners and no long wall expanses. 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 suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Access is proposed onto two streets, Louella Road of Tahquitz Canyon Way, and Baristo Road. 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. The proposed establishment of the proposed planned development district is necessary to provide an updated design concept. The original design does not provide sufficient flexibility to provide a unique housing product such as is proposed. It is proper to allow this flexibility since the proposed district is not detrimental to adjacent properties. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, with intersection improvements to nearby streets, and because it continues a residential pattern of development in an area adjacent to other residential uses. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed planned development is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. Resolution No. Page 4 b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the underlying PD-71A zone in which the property is located. Development standards proposed as part of the planned development district provide flexibility in design details related to on-site parking, building arrangement, and building height. Although different than the layout design of the original PD-71A, it is consistent in that both designs rely on clusters of housing units in a self- contained community. C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 24-acre development area of project site can accommodate 156 condominium units without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e;. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that with implementation of proposed mitigation measures, any environmental impacts regarding project construction effects on air quality, and noise will be reduced to a level that is less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, and an access system that provides an orderly system of internal driveways and motor courts. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Resolution No. Page 5 Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number 5.1046 — PD-232, Tentative Tract Map 33341, and project architectural approval, and directs staff to file the associated Notice of Determination. Section 5.: The City Council approves Case Number 5.1046, Tentative Tract Map 33341 and project architectural approval. ADOPTED THIS 1 st day of March, 2006. David H. Ready, City Manager ATTEST: lames Thompson, City Clerk � ,`;) Resolution No. Page 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 1st 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 7 WUSERS\PLAW5 1046 Aqua Palm Spnngs(155 at Tahgwtz)\CC 03.01.06\5 1046 CC Reso-03.01.06[2006-0222].doc EXHIBIT A Case No. 5.1046 — PD-232, TTM 33341 Aqua Palm Springs, LLC South Side Tahquitz Canyon Way at Louella Road CONDITIONS OF APPROVAL March 1, 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 5.1046 Tentative Tract Map 33341. 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 2, Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 2 abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 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. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the ,purposes of calculating the Park Fee. The Park Fee payment and/or parkland-dedication shall be completed prior to the issuance of building permits. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 3 Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: III-1 Earth-moving activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, per the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. III-2 Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. III-3 Any construction access roads should be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH. III-4 All trucks should maintain at least two feet of freeboard. III-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, should be covered and washed off before leaving the site. III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. III-8 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. V-1 If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 4 X-1 Noise mitigation barriers shall be constructed for units facing either Tahquitz Canyon Way or Farrell Drive as described in Section 5.2 of the Acoustical Analysis prepared by Gordon Bricken and Associates, dated December 16, 2004. Per the Analysis, these barriers may consist of either perimeter sound walls or sound abatement construction methods and mechanical ventilation. This will be accomplished at the time of building plan check. X-2 Prior to certificate of occupancy for units adjacent to either Tahquitz Canyon Way or Farrell Drive, provide documentation that units meet minimum indoor noise limits of 45 dBA CNEL. X-3 Provide disclosure to prospective future owners of units that the project meets the minimum code standards, but that noise is likely to be audible. X-4 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, and the engines shall be equipped with shrouds. X-5 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. X-6 Stockpiling and vehicle staging areas shall be located in the western portion of the property, as far away from existing residential units as possible. X-7 Parking, refueling, and servicing operations for all heavy equipment and on- site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. X-8 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 9. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 5 Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 111. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 14. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services- are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 6 appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 15. 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. 16. 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. 117. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18. 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. 19. All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 2'3. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 7 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 2.7. 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 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. FARRELL DRIVE 3. Dedicate abutters rights of access to Farrell Drive along the entire frontage of the project; vehicular access to Farrell Drive shall be prohibited. 4. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. If, prior to approval of a grading plan, the COA has been released for public review and it proposes deletion of the bus route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, no improvements shall be necessary to the existing bus stop, unless .otherwise specifically required by Sunline Transit Agency or the City Engineer. 5. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. If, prior to approval of a grading plan, the COA has not been released for public review; or if the COA has been released for public review prior to approval of a grading plan, but does not propose deletion of the bus � �n 9 Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 8 route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, the applicant shall be responsible for the following: a. Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out. b. Remove the existing curb, gutter, and sidewalk as necessary to construct a 170 feet long by 12 feet wide bus turn-out at the northeast corner of Farrell Drive and Baristo Road, in the same location as the existing bus stop. The existing bus stop shelter shall be relocated; or if required by the Director of Planning, the existing bus stop shelter shall be removed, and construction of a new bus stop shelter shall be required, with a design compatible to project architecture as reviewed by Sunline Transit Agency and approved by the Director of Planning. Bus stop furniture and other accessories, as reviewed by SunLine Transit Agency and approved by the Director of Planning, shall be provided by the applicant, as required. c. Construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210. d. 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 bus turn out to clean sawcut edge of pavement. 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. 6. All broken or off grade street improvements shall be repaired or replaced. TAHQUITZ CANYON WAY 7'. Dedicate abutters rights of access to Tahquitz Canyon Way along the entire frontage of the project; vehicular access to Tahquitz Canyon Way shall be prohibited. 8. Remove the existing curb ramp at the southwest corner of Tahquitz Canyon Way and Louella Road, and construct a Type A curb ramp in accordance with City of Palm Springs Standard Drawing No. 212. gi. The developer shall remove portions of the existing sidewalk as necessary to plant new Washingtonia robusta palm trees with tree wells along the Tahquitz Canyon Way frontage, at 60 feet spacing. New palm trees shall have a height consistent with other palm trees along Tahquitz Canyon Way in the vicinity, unless otherwise required by the Director of Planning. The applicant shall be responsible for installation of an irrigation system and for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage to the satisfaction of the City Engineer. L YIQ Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 9 '10. All broken or off grade street improvements shall be repaired or replaced. 13ARISTO ROAD 111. Dedicate abutters rights of access to Baristo Road along the entire frontage of the project, excluding the 100 feet wide access point for the Main Entry; vehicular access to Baristo Road shall be prohibited. 12. Remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry aligned with the centerline of Compadre Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. The median shall be located outside of public right-of-way. 13. The gated entry design of the Ma Fntry, induding widths of ' s d egress lanes, shall be subject to the review Rd approval b the City Engineerd Fore Marshall. Erneenn�Fgaccess shall be t' .d .d• to the Fire Department + the cc +•ofaGteen of the Eire Marshall.-(Per Planning Commission's recommendation Oa[IJ.uva•v�� v at its public hearing on Jan. 25, 2006) 14. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary access in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. L.OUELLA ROAD (PRIVATE) 16. The applicant shall provide proof of access rights to Louella Road; documentation shall be provided to the City Engineer prior to approval of a final map. Absent documentation showing proof of access rights to Louella Road, as determined by the City Engineer, the applicant shall obtain an access easement over Louella Road as necessary to provide legal access to the project. 17. Remove the two existing driveway entrances (and curb returns) on the west side of Louella Road into the property and replace with 6 inch curb and gutter to match existing curb and gutter on each side of the two driveway entrances. 18. Remove the existing 6 inch curb and gutter as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry located approximately 125 feet south of the north property line aligned with the Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 (Page 10 existing median opening in Louella Road. The street intersection shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. 19. The project shall not have gates that limit public access to the internal private streets. (Per Planning Commission's recommendation at its public hearing on Jan, 25, 2006) 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 21. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 22. The on-site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. 23. The applicant shall demonstrate that the layout of typical "motor courts" with units arranged in a pin-wheel configuration provide sufficient maneuvering area for vehicles leaving and entering the garage units, to the satisfaction of the City Engineer. Units shall be relocated and motor courts shall be enlarged, as necessary to provide additional maneuvering area, as required by the City Engineer. 2A. Dedicate easements for public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 25. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from face of curb) where no on-street parking is proposed. 26. All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one-side of the street. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Cage 11 27. All on-site private streets shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where on-street parking is proposed on both sides of the street. 28. All on-site streets shall be constructed with curb and gutters to accept and convey on-site stormwater runoff, in accordance with applicable City Standards. 29. All on-site streets shall be constructed with a minimum pavement section of 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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. 30. Parking shall be restricted along both sides of the 24 feet wide on-site private streets; and parking shall be restricted along one side of the 32 feet wide on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. SANITARY SEWER 31. Any existing on-site sewer improvements shall be removed as required by the City Engineer. 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and . approval by the Building Division. 334. The on-site private sewer system shall not connect to an existing sewer manhole within Baristo Road. The on-site sewer system shall connect to the sewer main Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 12 with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 35. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). 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 :36. 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 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 37. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. L�`,leJ^1'J Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 13 38. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 39. 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. 40. 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. Stockpiled fill existing on the site shall be addressed in the report. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 41. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 42. 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). h. �;r1�n Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 14 43. The applicant is advised that the City of Palm Springs is scheduled to begin preparation of construction plans for Storm Drain Lateral 20C, extending in El Cielo Road from Ramon Road to Baristo Road, as shown on the Master Drainage Plan for the Palm Springs Area, administered by the Riverside County Flood Control & Water Conservation District (RCFC). The applicant shall be responsible for the design and construction of Storm Drain Lateral 20CA, extending in Baristo Road, from El Cielo Road to Compadre Road, as necessary to accept stormwater runoff from the project site. Prior to approval of a final map, as determined by the City Engineer based upon the City's progress with its preparation of construction plans for Storm Drain Lateral 20C, the applicant shall be required to satisfy one of the following: a. If preliminary plans have been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, the applicant shall be responsible for submitting storm drain improvement plans prepared by a California registered civil engineer to RCFC for review and approval. Prior to commencement with preparation of Storm Drain Lateral 20CA plans, the applicant shall obtain written approval from the City Engineer. The storm drain plans shall be approved by RCFC prior to approval of a final map; and construction of Storm Drain Lateral 20CA shall be completed prior to issuance of a certificate of occupancy. b. If preliminary plans have not been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, as determined by the City Engineer, the applicant shall deposit necessary funds with the City, as required by the City Engineer, for design of Storm Drain Lateral 20CA as part of the City-wide storm drain project. Design funds shall be deposited with the City prior to approval of a final map. The applicant shall deposit additional funds as necessary to construct Storm Drain Lateral 20CA by the City prior to issuance of a certificate of occupancy. The applicant shall be responsible for depositing sufficient funds with the City to cover all costs associated with the design and construction of Storm Drain Lateral 20CA, upon thirty (30) days written notice from the City Engineer. 44. 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. Based on the 24.00 acre size of the project site as shown on the Tentative Tract Map, the project is responsible for payment of $221,088 in drainage implementation fees. In either case of the design and construction of Storm Drain Lateral 20CA, by the applicant or by the City as identified in the previous condition, the applicant shall be eligible for credit up to the maximum drainage implementation fee of $221,088 otherwise due. Costs associated with the design and construction of Storm Drain Lateral 20CA in excess of the maximum drainage Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 15 implementation fee of $221,088 otherwise due are the responsibility of the applicant, and are not reimburseable by the City. GENERAL 45. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 46. All proposed utility lines shall be installed underground. 47. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 48. 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. 49. 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. 50. 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. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Wage 16 51. 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 52. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 53. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 54. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 55. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Water Company recorded as Instrument on March 5, 1987 in Map Book 68, Page 471; easements to be abandoned for sewer, water, and public utilities over certain lettered lots as shown and dedicated on Tract Map 10346; an easement to be abandoned for pipe lines and incidental purposes, in favor of Southern California Gas Company recorded as Instrument No. 21'6081 on October 11, 1979; easements for walls, encroachments, utilities, ingress and egress and incidental purposes recorded as Instrument No. 233274 on November 1, 1979; and an easement for pole lines, conduits and incidental purposes, in favor of General Telephone Company of California recorded as Instrument No. 212740 '� Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 17 on November 13, 1980, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed individual lots encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 156. Based on the traffic study submitted by Endo Engineering on November 22, 2005, the following mitigation measure will be required: A. Install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. 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 installed and operational prior to issuance of the 150th Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal. B. Install traffic striping and signage improvements at the intersection of Baristo Road and Compadre Road to provide striping for two eastbound through lanes of uniform width that extend a minimum of 150 feet west and 200 feet east of Compadre Road, or as required by the City Engineer. Submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. C. Install 30 inch stop signs, stop bars, and "STOP" legends as necessary to create an "All-Way Stop Controlled" (AWSC) intersection, at the intersection of Baristo Road and Compadre Road, and the Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 57. 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 Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 18 58. 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. 59. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Louella Road and the Louella Road access in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 60. 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. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on-site, all appropriate permits must be secured. Fire 1. 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) 2'.. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 19 3. Fire SprinkleFs Required: An aut9matiG fire sIPriRk'eF systern as required by IoGal ordinance. Only a r_,a iinonoodi fr perf rm system design and installation. C.. tem +n be deli e d and installed in_aGGeFdance_with fl FIDA standard 131) 1999 edition, s medified L,y-lo al ordina,=ems. T„he-GGRtFaoto fl submit fire sprinkler Inn n of the fir-e siast�I��nU„-�:��„�spr;,�.«�r-;�,a„s-as-.,sea--as-pes5ible. No-P.,r�ie„-�-n,�„ti SpFinkleF SyStGM, including wateF meters and undergrOund water supply, may be (Per request from Scott Ventura, Fire Chief, 01131106) 4. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 5. Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. b. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 6. Roads must be 40 feet wide when parking is not restricted. 7 Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 8. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 9. 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. Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 20 10. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 11. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 12. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. '13. Fire Flow: The required fire flow for this project is 1500 gallons per minute. END OF CONDITIONS Conditions of Approval Case No. 5.1046 Tentative Tract Map 33341 Page 21 R\USERS\PLAM5.1046 Aqua Palm Springs(155 at Tahquilz)\CC 03.01.06\TTM 33341 COA-CC 03.01.06(2006-0222].doc I - __ - ORE AND CONSTRUCTION _____ __ _ _ - ,e PHASING PLAN 'I I i PCP TENrATNE TPACT a :J L MAP NO.�3341 I � V I ii III S - Ilj � I� l IIII A� .a LOT 5 2 1 e k I III °I IF Ijl ip II I - � IIII I II III a i I lE-I I LO II 11111 0 _ �1 $III II IIII � 0 II III 11 11 I - � - � on�[S�G➢�v t��� I I _ I III II' hld .`I I I � 1 I Jq177 .r �a � �MSA� ..... 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A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 232, FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13, T4S, RSE, SBBM. WHEREAS, Aqua Palm Springs, LLC (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 232; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, 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 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, 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 5.1046 consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural design; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural approval was given in accordance with applicable law; and WHEREAS, on March 1, 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 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 M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project consists of condominium units that are consistent with these policies because there is at least one covered parking spaces per unit, because individual units have private yards, because units have individualized entries within clustered motor courts, and because the units have articulated exterior elevations with numerous corners and no long wall expanses. 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 suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Access is proposed onto two streets, Louella Road of Tahquitz Canyon Way, and Baristo Road. 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. y � Resolution No. Page 3 The proposed establishment of the proposed planned development district is necessary to provide an updated design concept. The original design does not provide sufficient flexibility to provide a unique housing product such as is proposed. It is proper to allow this flexibility since the proposed district is not detrimental to adjacent properties. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, with intersection improvements to nearby streets, and because it continues a residential pattern of development in an area adjacent to other residential uses. Section 4: Pursuant to Section 94.07.00 of the Palm Springs Zoning Code, the official zoning map of the City of Palm Springs, referred to herein, is hereby amended to apply Planned Development District 232 onto the proposed project site that is zoned WR2. The parcel of property legally shown on file in the Planning Services Department, Case 5.1046 — PD-232 and TTM 33341, is approved for Planned Development District 232, specifically on the property located south of Tahquitz Canyon Way, east of Farrell Drive and north of Baristo Road, Section 13, T4S, RSE, SBBM. Section 5.: The City Council approves Case Number 5.1046, Tentative Tract Map 33341 and project architectural approval. ADOPTED THIS 1 st day of March, 2006. David H. Ready, City Manager ATTEST: Jlames Thompson, City Clerk Resolution No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 1st 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 5 HAUSERS\PLAN\5.1046 Aqua Palm Springs(155 at Tahquitz)\CC 03.01.06\5 1046 CC Reso-03.01.06[2006-02221.doc O�Qp.LM SA4 iZ F U N A C �tt011A1 E +',^ A`,F�RN`• Planning Commission Staff Report Date: January 25, 2006 Case No.: 5.1046 — PD-232, TTM 33341 Application Type: Preliminary Planned Development District, Tentative Tract Map, and Architectural Approval Location: 2705 East Tahquitz Canyon Way(and vicinity, generally east of Farrell Drive between Tahquitz Canyon Way and Baristo Road, and west of existing development) Applicant: Aqua Palm Springs, LLC Zone: PD-71A Planned Development District General Plan: M15 (Residential Medium Density— 15/Acre) with CSC (Community Shopping Center) and P (Professional) designations APNs: 502-530-001 to -003, 502-530-007 to -039, 502- 540-001 to -040, 502-540-061, -062, and -077, 502- 541-027 to -082, 502-541-084 and -086 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward O. Robertson, Principal Planner PROJECT DESCRIPTION The project consists of a Planned Development District (PDD) to establish design standards and guidelines for a proposed 156-unit condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow re-subdivision of the site for condominium purposes, and Architectural Approval is also requested. The site would be Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 2 of 9 accessed from Louella Road, off Tahquitz Canyon Way, and from Baristo Road, at Compadre Road. Both entries are proposed to be gated. The proposed project would be located on a 24-acre site that comprises a later phase of development for an existing project. The existing project is composed of 78 townhouses with fee ownership and common areas, and one developed office project. 'The proposed project will utilize the un-built portions of the project. The proposed project will have 156 condominium units on six lots, and will have a hierarchy of internal streets, with the lowest hierarchic order to be motor courts that are typically surrounded by four detached homes. The homes are proposed to be condominiums, with each unit having an exclusive use yard area. The project is planned to have two story units. ,Amenities would include two swimming pools and landscaped common areas. (RECOMMENDATION That the Planning Commission recommend that the City Council approve the proposed application by Aqua Palm Springs, LLC to develop a 156-unit condominium complex on approximately 24 acres according to Planned Development District standards by: 1. Considering and adopting a Mitigated Negative Declaration for Case 5.1046 PD- 232 and TTM 33341; 2. Adopting Planned Development District 232; 3. Conditionally approving Tentative Tract Map 33341 to re-subdivide approximately 24 acres into 156 condominium units with common areas for access and parking, landscape areas, and two swimming pools; and 3. Approving the architectural design and landscaping for Case 5.1046. PRIOR ACTIONS At its meeting of October 10, 2005, the Architectural Advisory Committee (AAC) reviewed the project and recommended approval of the proposed development to the Planning Commission. BACKGROUND AND SETTING The project site is bounded on the north by Tahquitz Canyon Way, on the west by Farrell Drive, on the south by Baristo Road, and on the east by existing development that is part of an earlier phase. The site was originally subdivided under Tract Map 10346 that contained 202 residential lots, six lots apparently intended for office use along Tahquitz Canyon Way and Farrell Drive, along with numbered common,area lots and lettered street lots. The original project was partially constructed. 78 of the 202 residential units were constructed on the easterly portion of the original project site, and Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 3 of 9 one office project was constructed at the southeast corner of Tahquitz Canyon Way and Louella Road. The current proposal is to reconfigure the undeveloped lots into six condominium lots with a total of 156 residential units, two recreation areas, and internal access ways and common areas. 'To the northwest, north, and northeast of the site, across Tahquitz Canyon Way are located apartment projects with multiple buildings. To the east, are several office projects along the south side of Tahquitz Canyon Way. More directly to the east, are the residential units built as the earlier phase of the original project. To the south of the site, across Baristo Road are single-family residences on 1.4-acre lots fronting onto Baristo (Road, and office uses fronting onto Farrell Drive. To the southwest is Palm Springs High School. To the west, across Farrell Drive is the Palm Springs Mall. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Apartments H30 High Residential R-3 MFR & Hotel Gast Offices & Condominiums M15 Medium Residential P and PD-71A South Single-Family Res'I L2 Low Res'I (2DU/Ac), and R-1-A-H and P P Professional southwest West Shopping Center CSC Community Shop. Ctr. C-S-C 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 from the development concept and standards in Planned Development District 71A can be achieved. Planned Development District 71A used a conceptual development placing non-residential uses along Tahquitz Canyon Way and Farrell Drive, with residential uses inside the project site. The current proposal deviates from that plan by placing clusters of detached homes around motor courts leading from circle drives that lead from the main spine interior street. Occasionally, homes will also front directly onto the circle drives. This differs from the original development concept in which clusters of attached homes fronted directly onto small, internal streets. The current proposal is for homes to extend onto the areas previously intended for office areas. Additionally, this flexibility is also needed to allow specialized parking for the project to allow using a combination of attached garages and tandem garages for residences. Project plans show that one of the plans, "D" has a garage with two tandem spaces. For purposes of entitlement, the tandem spaces are treated as one parking space. Finally, the project proponent intends to offer the option of a detached guest house. 3 +,t Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 4 of 9 The proposed development does not change any of the existing development. The proposed project occupies the un-built area that was intended as a later phase for the existing development. The proposed density of the new development is approximately 5.5 dwelling units per net acre, which is well below the existing General Plan designation of M15, (Residential Medium Density— 15/Acre). A comparison of the existing Planned Development District and that newly proposed Planned Development District is shown on the following table. Table 2: Comparison of Existing PD-71A and Proposed PD-232 Standards PD-71A Proposed PD-232 Fee-ownership Condominium ownership in new area Row-house clusters with common areas, Clusters of detached homes with and independent commercial lots individual, exclusive use, common space yards, and common areas (streets, pools, pedestrian accessways, landscaping) Independent professional lots along Elimination of professional lots (except for Tahquitz Canyon Way and Farrell Drive one developed lot on Tahquitz Canyon Way) 202 residential lots, 78 of which are built 156 condominium units (234 units w 78 ex 6 professional lots Eliminate 5 professional lots for housing Density = 8.0 du/ac (25.3+ ac excl prof) 6.5 du/ac 24+ ac including professional Overall, cumulative densit = 5.15 du/ac Overall, cumulative density = 5.96 du/ac Use of tandem garages for Plan "Y units The proposed project would have the appearance of a new project rather than a continuation of the existing project. The boundaries between the two projects would have a soft edge generally consisting walled rear yards and common areas of the new project, meeting the streets of the existing project. Site Plan/Parking: The subject site is approximately 24 acres of vacant land with low-growing vegetation, and was part of a previously approved Planned Development District 71A. The proposed site design which will be gated will consist of 156 housing units, a swimming pool area and a recreation area designed for the residents and guests. The detached condominium units will consist of one and two-story buildings, with two and three bedrooms. The proposed units will range from approximately 1,460 to 1,780 square feet in size. Each unit will have a built in two-car garage, except in the cases of proposed tandem garages, which will be counted as on space. Additional guest parking spaces are provided throughout the site, and parallel parking on the internal streets that meet the required street width will be allowed as well. 4 Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 5 of 9 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 umpacts 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. The proposed planned development is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project consists of condominium units that are consistent with these policies because there is at least one covered parking spaces per unit, because individual units have private yards, because units have individualized entries within clustered motor courts, and because the units have articulated exterior elevations with numerous corners and no long wall expanses. 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 suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Adequate access is proposed onto two streets, Louella Road off Tahquitz Canyon Way, and Baristo Road. 5 Planning Commission Staff Report 1125/06 Case:5.1046—PD-232&TTM 33341 Page 6 of 9 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. The proposed establishment of the proposed planned development district is necessary to provide an updated design concept compared to the original plan. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, with intersection improvements to nearby streets, and because it continues a residential pattern of development in an area adjacent to other residential uses. Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed planned development is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the underlying PD-71A zone in which the property is located. Development standards proposed as part of the planned development district provide flexibility in design details related to on-site parking, building arrangement, and building height. Although different than the layout design of the original PD-71A, it is consistent in that both designs rely on clusters of housing units in a self- contained community. C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. 6 Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 7 of 9 d. The site is physically suited for the proposed density of development. The proposed 24-acre development area of project site can accommodate 156 condominium units without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that with implementation of proposed mitigation measures, any environmental impacts regarding project construction effects on air quality, and noise will be reduced to a level that is less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, and an access system that provides an orderly system of internal driveways and motor courts. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study is being prepared and a Notice of Intent to adopt a Mitigated Negative Declaration will be sent to applicable agencies and published in the Desert Sun for a 20-day review period. The working draft Initial Study found the environmental impacts of the proposed project to be less than significant with the following mitigations: III-1 Earth-moving activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, per the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. III-2 Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site 7 r' Planning Commission Staff Report 1/25/06 Case:5.1046—PD-232&TTM 33341 Page 8 of 9 that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. III-3 Any construction access roads should be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH. III-4 All trucks should maintain at least two feet of freeboard. III-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, should be covered and washed off before leaving the site. III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. III-8 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. V-1 If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. X-1 Noise mitigation barriers shall be constructed for units facing either Tahquitz Canyon Way or Farrell Drive as described in Section 5.2 of the Acoustical Analysis prepared by Gordon Bricken and Associates, dated December 16, 2004. Per the Analysis, these barriers may consist of either perimeter sound walls or sound abatement construction methods and mechanical ventilation. This will be accomplished at the time of building plan check. X-2 Prior to certificate of occupancy for units adjacent to either Tahquitz Canyon Way or Farrell Drive, provide documentation that units meet minimum indoor noise limits of 45 dBA CNEL. X-3 Provide disclosure to prospective future owners of units that the project meets the minimum code standards, but that noise is likely to be audible. 8 ,4anning Commission Staff Report 1125/06 Ease:5.1046—PD-232&TTM 33341 Page 9 of 9 X-4 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, and the engines shall be equipped with shrouds. X-5 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. X-6 Stockpiling and vehicle staging areas shall be located in the western portion of the property, as far away from existing residential units as possible. X-7 Parking, refueling, and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. X-8 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. 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. e E and O. R ertson rai wing, Pri cipal Planner Direet6r of Pla nin Services ATTACHMENTS: 1. Vicinity Map 2. Tentative Tract Map 33341 and Elevations 3. Draft Resolution / Conditions of Approval 4. Copy of Assessor Map showing PD-71A Plan H:\USERS\PLAM5.1046 Aqua Palm Springs(155 at Tahquitz)\PC Staff Report 5.1046 - 1-25-06[2006-0119],doc 9 $ lL O Riverside.CA ^ �j. ,.� C,'S•l,. © 1J I E 6 ' 6 I .or a __ 4 a•, �J I®CRill IL ® E �• — � :� �` •., ys��„ J a x�5 r Imo% y� II` ? 4�� I�/ .•� �as ,`l®n:« wa � s � �•d uaa 2 ?t� � ILA ' C AI"% °1 } iS' � p A 3L~ Y = I•`/�QL �/�.�f'' lore R82aa aT a • _ •� � � C , x •Y ,. , . _ •• a. R I I i or Aq� 4. Plaiming Commission Page 5 of 8 Case 5.1046 PD 232 / TTM 33341 - An application by Aqua Palm Springs, LLC, for a proposed Planned Development District 232 and Tentative Tract Map 33341 for a 156 unit condominium complex on an approximately 24 acre parcel located at 2705 East Tahquitz Canyon Way, Zone PD 71A, Section 13. Chairwoman Marantz stated she has a business related conflict of interest, would not partcipate in the discussion and vote and left Council Chamber at 2:57 p.m. Principal Planner, Edward Robertson, provided background information as outlined in the staff report dated January 25, 2006. Vice Chair Hochanadel opened the Public Hearing. Ken Agey, Palm Springs, president of Los Compadres HOA, voiced his concern regarding the retention ponds and the set-backs on Baristo. Owen Killey, Palm Springs, voiced his concern regarding an access road on Baristo and read a letter from Los Compadres HOA in opposition of the proposed project. Dennis Cunningham, developer for the project, gave additional information and clarified the set-backs. Marvin Roos, MSA Consulting, gave a history of the prosed project and further information. Greg Trousdell, Palm Springs Modern Homes, requested the fire condition be deleted and gave further information. Ken Agey, Palm Springs, submitted a letter from Los Compadres HOA. Stan ?, lives next door to project, and inquired what would separate the two properties. Dennis Cunningham, responded that a block wall would be built where the 2 properties abutt. Commissioner Cohen questioned if traffic control would be done on Los Compadres and Baristo. Marcus Fuller, Assistant Director of Public Works, indicated a 4-way stop would be installed. Discussion was made regarding the 2nd story windows on Baristo, landscaping, a gated entrance, water retention and the storm drain system. Commissioner Shoenberger stated that he is not in favor of a gated community and did not feel people would drive through the private roads to take a short cut. He was also concerned with adequate guest parking and street width. Craig A. Ewing, Director of Planning Services, stated the guest parking is distributed throughout the site and indicated that staff is satisfied with the parking. M/S/C (Shoenberger/Ringlein, 6-0, 1 absent/Chair Marantz) To recommend http://palmsprinRs.aranicus.com/MinutesViewer.phn?view id=3&clin id=11 ?/??/?006 KENED palm springs modern L�' :] homes. February 15, 2006 " Via Hand Delivery Mr. Edward O. Robertson, Principal Planner City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-2743 RE: 5.1046, TTM 33341 & PD 232 (156 @ Tahquitz)-2705 E. Tahquitz Canyon Way Dear Mr_ Robertson: The Planning Commission recommended approval of our project on January 25, 2006, with the stipulation that we remove the access gates on Baristo Road and Louella Road. We request that the City Council allow the gates for the following reasons: 1. The access gates will eliminate motorists trying to cut through the project without having to use Farrell Drive, a signalized intersection at Baristo Road and Tahquitz Canyon Way. We believe the perimeter public streets were designed to accommodate intercity traffic movement pursuant to the City's General Plan Circulation Element. The Sundial HOA Steering Committee supports our request to have access gates on Baristo Road and Louella Road. 2. Many of the surrounding developments are both walled and gated, which is consistent with our request. We would like to receive the same privileges afforded other private property owners, including developers that have been allowed access gates. 3. We are providing common area improvements (e.g., pools and spas, etc.) for the future home buyers that will be privately maintained. Opening the development to non-residents will create a financial burden to the future management of the project that we feel is unwarranted. As you will recall, we added the common area pools and spas based on the request of the Architectural Advisory Committee, even though the original proposal had a pool and spa for each unit. In changing the project attributes, we revised the project from 177 units to 156 units. Under the current plan, pools and spas are an optional feature for each detached condominium unit. In order to build the proposed project, we will have to contribute funds to the City of Palm Springs to help acquire off-site parkland. The impact fee is a community- wide benefit in that the project has its own recreational amenities. The question that arises is: Will the City of Palm Springs contribute funds to the future HOA to help defray the long term costs of maintaining this 156 unit development if gates are not allowed? If the City of Palm Springs does not contribute money to the project for maintenance purposes, how can the City require a private project to be open to the general r� public? Please have the City Attorney review this matter prior to the March 1, 2006 City Council meeting. In past discussions we have had with the Sundial HOA Steering Committee, they stated they want the property developed as soon as possible to eliminate the homeless encampments that have occurred on the site in the past. We look forward to making improvements to the property once the City Council's decision has been made. In summary, we feel the project will be an asset to the continued growth and development of the City of Palm Springs. Should you desire any additional information or materials, please call we at 760-578-0144(e-mail: greg@palmspringsmodem.com). Thank you for your continued assistance. Sincerely, ua al Springs,LLC ram' usdell roject Manager c: Tom Wilson, Assistant City Manager Craig Ewing, Planning Director Dennis Cunningham, President File NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AGUA PALM SPRINGS LEAD AGENCY: The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Edward Robertson (760) 323-8245 PROJECT TITLE: Aqua Palm Springs Case No. 5.1046 PD-232 TTM 33341 PROJECT LOCATION: The project site is located at 2705 East Tahquitz Canyon Way (East of Farrell Drive between Tahquitz Canyon Way and Baristo Road) in Palm Springs, Riverside County, California. PROJECT DESCRIPTION: The proposed project is for a Planned Development District and Tentative Tract Map for 156 condominiums on 24 acres located at 2705 East Tahquitz Canyon Way, Zone PD-71A, Section 13. The condominiums are planned to be two-stories with an exclusive use yard area. Project amenities would include two swimming pools and landscaped common areas. The project comprises the later phase of development of an existing project comprised of 78 condominiums and an office building. IFIN DIN GSIDETERMINATION: The City has reviewed and considered the proposed project and has determined that the project will have significant adverse impacts, but mitigation measures shall be required that will reduce all potentially significant effects on the environment of the proposed project to a less than 'significant level. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Mitigated Negative Declaration will commence on January 24, 2006 and end on February 13, 2006. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Mitigated Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: EdwardR@ci.palm-springs.ca.us. Copies of the Mitigated Negative Declaration and Initial Study are available for review at the City at the above address and at the City library. PUBLIC MEETING: This matter has been tentatively set for public hearing on January 25, 2006. Date: Signature: / f ai . E Ing, Dir ct of Pla 7ervices AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CITY OF PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION d. Project title: Aqua Palm Springs- Case 5.1046 PD-232 TTM 33341 2. Lead agency name and address: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Edward Robertson, Principal Planner (760) 323-8245 4. Project location: 2705 East Tahquitz Canyon Way (northeast corner of Tahquitz Canyon Way and Baristo Road) 5. Project sponsor's name and address: Aqua Palm Springs, LLC P.O. Box 1587 Palm Springs, CA 92263 6. General plan designation: M15 (Medium Density Residential 12-15 units/acre), P (Professional) 7. Zoning: PD-71 A (Planned Development District 71 A) 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is for a Planned Development District and Tentative Tract Map for 156 condominiums on 24 acres located at 2705 East Tahquitz Canyon Way, Zone PD-71 A, Section 13. The condominiums are proposed to be two-stories with an exclusive use yard area. There are four different floor plans and the units will range in size from 1777 square fee to 2250 square feet with at least one enclosed parking space for each unit. The project is proposed to be gated and will have a perimeter wall. Project amenities would include two swimming pools and landscaped common areas. The project will take access from a two-way driveway on Baristo Road and a two-way driveway on Louella Road off Tahquitz Canyon Way. The project represents the re-subdivision of a later phase of development of an existing project comprised of 78 condominiums and an office building. The Planned Development District is being requested for reduction of distance between buildings and setbacks. Aqua Palm Springs Initial Study/Mitigated Negative Declaration k, lanuagy 2006)'���0 a. '. Page Y of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Tahquitz Canyon Way, Apartments, Professional office South Baristo Road, Single-family homes East: Residential condominiums West: Farrell Drive, Shopping mall 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) • Riverside County Environmental Health Department • Desert Water Agency • South Coast Air Quality Management District Aqua Palm Springs Initial Study/Mitigated Negative Declaration,.' c /anuary 2006 QA?X9P Page 2 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (FIGURE 1 -VICINITY MAP N jx Department of Planning Services W E Vicinity Map S W Z Q J ANDREAS RD w o O U J � UI ETAHQUITZ CANTON WY m 0 J J I BM W LL BAR15T0 RD —�1 W W [Y f] Q C O U i VIA VAQUERO RD Legend ® Site Q 500'Radws RANCHERO RD F � Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 ' � Page 3 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FIGURE 2 — PROJECT LOCATION MAP N ACQUET CLUB RD ~ --- ------------------------------ ------------ - W E S lu � z SH-111 0 VISTA CHINO - ------------ J I 111 a CHEVAH DR I I 1 �•� ALEJO D > \� m m : \ o W z \\ a } RAMON RD w_ ! U MESQUITE AVE vlESQUITE AVELL MESQUIT AVE MEL m J / U tl / J p " E PALM_CANY_ N DR__- O U Uj Aqua Palm Springs Initial Study Mitigated Negative Declaration ' January 2006 Page 4 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (FIGURE 3 — PROPOSED PROJECT SITE PLAN 1_A •v,mswrwnn. -r� T'�� cECE�'e`ngam� ___ _ __ ca.Mry cFFVS9CE t� I I! __ _- TF'-" DRE AND CONSTRUCTION �J I---=�-�---- -- - _� �---- PHASING. PLAN ti. _____ "L FOR�� TENTATIVET M M N0333. 41 ,n 1 I • Ewa° lull � v� �� AL k a _ _ � E Oi... ^P w � 7o. .w _ .;� LOT 6 II 1h• L - LOT 5 I' r. dJ• �pp I R � ma °•�s+ ^ n ff I ijl. y � M .� .�1 .• I S I�� I q• •I° _ �5c �.1 _ III yF i. s LOT 4 � �o �'� IL�,i I'� - '...- �•� .: ill �� I�I �. .. W�B IL ID I �"III V " \ 1 � ���•.n�.i'�d'/ a n - tg& Aqua Palm Springs Initial Study/Mitigated Negative Declaration I � January 2006 . .� Page 5 of 55 AQUA PALM SPRINGS 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 ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ® Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Aqua Palm Springs Initial Study/Mitigated Negative Declaration l January 2006 Page 6 of 55 AQUA PALM SPRINGS INITIAL STUDY PWITIGATED 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, 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. raig �g, AICP D to Direc r of Plannin gti es Aqua Palm Springs Initial Study/Mitigated Negative Cteclarl�hbnl r''n) a /anoary 2006 Page 7 of 55 .� Palm Springs noaern Nomes touocuolr-r Aqt Ik PALM SPRINGS IRMAL STUDY I MM"TED NWTW DECLALRATMI APPLICATION CeRMFICATIOM 1 certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised project plans or proposals and/or reby agree to the proposed mitigation measures to avoid the a ects m ' ate the effects o a point where clearly no significant environmental effects wou c . atu Date ✓(� �i�o �- -�- 1 Mom—_ Print name and 41fle Aqua Palm Spdow IWOO sEudy/Odpad Noantiv+Dadandan , January 2004 PROW S o/38 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required. h) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses,"as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, Aqua Palm Springs Initial Study/Mitigated Negative Declarationlp''� g,%v January 200� a' Page 9 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance , a Aqua Palm Springs Initial Study/Mitigated Negative Declaration * January 2006 Page 10 of 55 I AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION .. Less Than . . Significant Potentially With Less Than Significant Mitigation 'Significant - . Impact Incorporated . Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ Elvista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? cl) 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 project site is currently vacant and located east of Farrell D(ve, south of Tahquitz Canyon Way, and north of Baristo Road. It is not located near any scenic vistas or state scenic highways. The proposed project is for 156, two-story residential condominiums. The buildings will have a height of approximately 25 feet. Open space is integrated throughout the project and the amenities include two (2) common area pools. The proposed building height and amenities is substantially similar to the existing condominiums and office buildings that surround the site. The buildings respect the required setbacks from the street frontage and are oriented to provide a subdivision design that is similar to the existing condominiums. With these features incorporated in the project, the project will actually improve the existing visual character of the site and immediate vicinity by removing a blighted condition. Therefore, there will be no impact on the visual character of the site, scenic vistas, and scenic resources on state scenic highways. d) Less Than Significant Impact. The site is currently vacant and does not currently generate light or glare. Therefore, the construction of the project would have some lighting impacts, characteristic of a residential area. However, it is not anticipated that the project will create substantial light and glare that could affect night time views. The type of lighting proposed would be typical of a residential project such as landscape up- lighting, entrance lighting, and pedestrian-scale lighting. In addition, the project would be required to comply with City's "dark sky" ordinance pursuant to standards outlined in Section 93.21.00 of the zoning ordinance. Therefore, there will be a less than significant impact to day or nighttime views in the area due to light and glare. 7) Aqua Palm Springs Initial Study/Mitigated Negative Declaration �; IJanuary 2006 3 Page I I of 55 ' . AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION .. .,. . . ''' Less Than .. . Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No 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 ❑ ❑ ❑ ID nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The Farmland Mapping and Monitoring Program of the California Resources Agency have not designated this area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to farmland would occur. b) No Impact. The proposed project site is zoned for multi-family residential use and is not covered by a Williamson Act contract. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site. Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project is designated multi-family residential; the surrounding land consists of developed commercial or residential property. Implementation of the proposed project would, therefore, not result in conversion of farmland to non- agricultural uses. No Impacts to conversion of agricultural land will occur. Aqua Palm Springs Initial Study/Mitigated Negative Declaration r January 2006 _ Page 12 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than ` Significant " Potentially '- With Less Than Significant Mitigation Significant Impact Incorporated- Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ® ❑ El 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 El ® ❑ ❑ 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 ❑ ® ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ® ❑ number of people? A technical report was the basis for the following analysis and can be found in Appendix A. a) Less than Significant Impact. The proposed project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Development at the project site will be governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002 Coachella Valley PMIo State Implementation Plan (CVPMio SIP). CEQA requires that projects be consistent with the applicable AQMP. The project would result in development intensities that are lower than what is allowed under the current General Plan land use designation. The Palm Springs General Plan is the basis for the AQMP emissions inventories, which is a key underlying assumption associated with the AQMP. Projects that are consistent with local General Plan land use development intensities are considered consistent with the air quality related regional plans including: the current AQMP, the Coachella ValleyPMlo SIP and other applicable regional plans. On a peak day during the grading phase, the generated emissions are projected to include approximately: 9 pounds of ROG, 66 pounds of NOx, 72 pounds of CO and 3 pounds of PM10 (Endo Engineering, 2005). Of that total, the active soil disturbance associated with earthwork on 6 acres per day would generate an estimated 60 of fugitive dust per day. Emissions at this rate would not exceed the SCAQMD daily significance thresholds but would represent 66 percent of the significant threshold for NOx. On a peak construction day after grading is completed, air pollutant emissions associated with building activities (including the actual construction of the buildings and Aqua Patin Springs Initial Study/Mitigated Negative Declaration k lanuary,2006_, a ' ,� Page 13of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION the architectural coating application process) are projected to total approximately 64 pounds of ROG, 73 pounds of NOx, 76 pounds of CO, and 3 pounds of PM10, provided the paving activities do not occur at the some time the architectural coatings are being applied (Endo Engineering, 2005). Emissions at this rate would not exceed the SCAQMD daily significance thresholds but would comprise 86 percent of the ROG threshold of significance during architectural coating activities and 73 percent of the NOx threshold during the construction of buildings. Without mitigation, the NOx threshold will not be exceeded provided the building activities do not occur the same time as paving operations. The proposed project is not expected to exceed the SCAQMD daily or quarterly construction emission thresholds of significance during construction activities on site provided the paving activities on-site are not conducted on those days when the architectural coatings are being applied on-site. Upon full occupancy in the year 2008, the project is expected to generate up to 213 pounds of carbon monoxide, 27 pounds of reactive organic gases, 30 pounds of NOx, 19 pounds of PM10 and less than one pound of SOx, daily (Endo Engineering, 2005). Project- related motor vehicle and area source emissions are not projected to exceed the SCAQMD operational emission significance thresholds. Operational emissions from the project would be within established thresholds and construction emissions exceeding daily thresholds would be mitigated through implementation of measures from the South Coast Air Quality Management District CEQA Handbook. Therefore, the project is not anticipated to conflict with or obstruct implementation of the 2003 AQMP. This impact is considered less than significant. b-d) Less than Significant Impact with Mitigation Incorporated. Construction activities are a minor source of organic gas emissions. Solvents in adhesives, non-waterbase paints, thinners, some insulating materials and caulking materials would evaporate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. The URBEMIS-2002 for Windows (Version 7.4.2) program estimates maximum emissions from site grading, construction worker trips, stationary and mobile equipment, architectural coatings and asphalt off-gassing. URBEMIS 2002 was used to estimate potential emissions for the proposed project. Emissions from construction activities (grading and building), area sources (consumer products, gas fireplaces) and operations (vehicles) are provided in Table III-1. These calculations assume that demolition would not be necessary as the project site is currently vacant. Construction would occur over an eighteen-month period with project occupancy estimated late in the year 2008. a, a Aqua Palm Springs Initial Study/Mitigated Negative Declaration 117� s January 2006 Page 14 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table III-1 ESTIMATED EMISSIONS RESULTING FROM PROJECT CONSTRUCTION ACTIVITIES(POUNDS/DAY) Emissions Source ROG NOx 'CO PM,,Total . Site Grading Phase -Fugitive Dust - - - 60.00 -Off-Road Diesel 8.99 65.74 71.31 2.97 -Worker Trips 0.08 0.13 2.34 0.01 Subtotal - 9.07 65.87 , 71.57 62.98 Construction Process -Off-Road Diesel 9.10 72.19 65.28 3.28 -Worker Trips 0.91 0.51 10.77 0.15 'Subtotal 10.01 72.70 76.05 . 3.43 Architectural Coatings -Off-Gasing 63.35 - - -Worker Trips 0.85 0.48 10.23 0.15 Subtotal 64.20 0.48 10.23 0.15 Asphalt Paving -Off-Gasing 0.48 - - - -Off-Road Diesel 5.04 33.76 41.09 1.46 -On-Road Diesel 0.11 2.25 0.42 0.05 -Worker Trips 0.03 0.02 0.40 0.01 Maximum All Phases 64.20 "72.70 76.05 62,98 SCAQMD Threshold 75 . 100 " 550 150 Threshold Exceeded No No No No Source:Endo Engineering, 2005 The major air quality impacts resulting from project construction would be increased ROG, NO., CO, S02, and PMio emissions primarily from off road diesel, worker trips, off road diesel, and on road diesel. As shown in Table III-1, thresholds would not be exceeded on a pounds per day basis for any pollutant and would be below thresholds for pounds per day during construction. Although emissions would not be exceeded on a pounds/day or quarterly basis, 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 without mitigation. This projects cumulative impact would be mitigated through project level standard mitigation. Cumulative projects would not occur simultaneously, therefore, this project's construction air quality impacts, because they occur on their own time frame, and would not be occurring during other planned development in the City of Palm Springs, would not create cumulative impacts that would cause emissions to reach threshold levels. Therefore, mitigation measures are provided consistent with the provisions of the South t ',rf11�1e'1 Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 1`�+ Page 15 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Coast Air Quality Management District CEQA Handbook to mitigate construction-related air quality emissions both for the project and cumulatively. In addition, the project would be required to comply with Chapter 8.50 of the Palm Springs Municipal Code (which requires that projects obtain an approved Fugitive Dust Mitigation Plan prior to commencing construction) and Section 8.04.230 and 8.04.240 of the Palm Springs Municipal Code (which address erosion control associated with grading projects and outlines measures required to assure that no debris is washed, blown by wind or otherwise deposited onto streets or adjacent property). The project must also comply with SCAQMD's Rule 403 to mitigate emissions to a less than significant level. The mitigation measures below shall be implemented during all grading and construction phases of the project and enforced/monitored by the City of Palm Springs and the SCAQMD. Implementation of these mitigation measures would reduce construction- related emissions and are considered adequate by the District to reduce emissions to less than significant. Mitigation Measures JAM III-1 Earth-moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PMio State Implementation Plan and SCAQMD Rule 403.). MM III-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. DAM III-3 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. AAM III-4 All trucks shall maintain at least two feet of freeboard. AAM 111.5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall be covered and washed off before leaving the site. AAM III-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. AAM III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. AAM III-8 Construction operations affecting off-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of through-traffic lanes. e) Less than Significant Impact. The project is not located in a high-density area, near a school, hospital, assisted living facility, or other facility that would house people with lowered immune systems. However, single-family residential development is located to -g Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 �� Page 16 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION the east, to the north across Tahquitz Canyon Way, and south of the project site across Baristo Road. To the west of the project site is a neighbourhood shopping mall. Those developments may potentially be exposed to nuisance dust and heavy equipment emission odors (e.g. diesel exhaust) during construction. The duration of exposure to air emissions and dust would be relatively short. Furthermore, exhaust from construction equipment dissipates rapidly. Based on the short-term duration, rapid dissipation of construction emissions, and setbacks between the project site and adjacent residential areas, this impact is considered less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 '•.ti�M Page 17 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION . . Less Than Significant Potentially With Less Than . . Significant . Mitigation Significant - Impact Incorporated 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 El El Elto, marsh, vernal pool, coastal wetlands, etc.), IN through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ® ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? A technical report was the basis for the following analysis and can be found in Appendix B. a-c) No Impact. A biological assessment was prepared by James W. Cornett on December 12, 2004 and noted that the project site is currently vacant, is surrounded by urban development, and does not lie within the boundaries of federally protected wetlands riparian habitat. The grading of the project site can be expected to eliminate 24 acres of moderately impacted Sonoran creosote bush scrub habitat (Cornett, 2005). However, given the widespread occurrence of the bush scrub, there will not be any impact.upon this species. Therefore, development of the project site will not have any significant adverse impacts upon biological resources in the region. cl) Less Than Significant Impact. The proposed project is not located within a water course, thus the project would not substantially interfere with the movement of any native resident or migratory fish. The Palm Springs ground squirrel was found on site, which is a sub species of the round tailed ground squirrel. The round tailed ground squirrel is np'1F In Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 CON! Page 18 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION considered a Species of Concern by the California Department of Fish and Game. However, the ground squirrel is not officially listed by either the federal or state governments. In addition, the ground squirrel is widespread in the Coachella Valley, even in impacted habitat, and occurs in the protected Coachella Valley Preserves. Therefore, no migratory patterns of fish or wildlife would be impacted by this project and no impact would occur. No Impact. The proposed project has no trees on site. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. f) No Impact. No Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP) covers the project site that has been yet been adopted by the City of Springs. The Coachella Valley Association of Governments (CVAG) has prepared a draft regional "Coachella Valley Multi-Species Habitat Conservation Plan" (CVMSHCP) that encompasses threatened, endangered, and sensitive species and their habitats. This plan has not yet been approved. In addition, the project does not lie within the Agua Caliente Tribal lands and is not included within the Tribal Conservation Plan (Tribal HCP). Therefore, the project site would not conflict with an approved HCP and no mitigation is required. r Aqua Palm Springs Initial Study/Mitigated Negative Declaratidn ' _ o January 2006 Page 19 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than . _ .. '.Significant, .. Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact .No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ El ® El of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the El ® El of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique ❑ ID El ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ® ❑ ❑ interred outside of formal cemeteries? A technical report was the basis for the following analysis and can be found in Appendix C. CI) Less than Significant Impact. CRM Tech prepared a Historical/Archaeological Resources Survey Report dated December 29, 2004. The Coachella Valley is a historical center of Native American Settlement, where U.S. surveyors noted large numbers of Indian villages and rancherias, occupied by the Cahuilla people, in the mid-19th century. Historical sources consulted for this study suggest that no settlement or development activities took place in the vicinity of the project area until the late historic period, when the City of Palm Springs began its mid-20th century urban expansion. According to records on file at the Eastern Information Center, the project area had not been previously surveyed for cultural resources and no resources had been recorded on or adjacent to the property. Outside the project boundaries, but within a one-mile radius, EIC records show 14 previous cultural resources studies covering various tracts of land and linear features. These and other similar studies resulted in the identification of one historic-period building — the Palm Springs High School of 1938-1946 vintage, This feature was not located in the immediate vicinity of the project area, and thus requires no further consideration. No historical resources were encountered during CRM Tech's survey. However, the potential for discovery of resources is possible throughout the project area. The Agua Caliente Band of Cahuilla Indians are located near the area. Specific sites of known Cahuilla significance are located to the west and south of the City. Multiple state and historic resource sites are also located in the downtown area of Palm Springs. These sites are structures (homes, buildings, hotels). In addition, several state points of historic interest are located in the downtown area (Smith, Peroni & Fox, 1992). It is known that the Agua Caliente Tribe inhabited parts of the Palm Springs area. However, the proposed project is a generally flat vacant parcel and was surveyed by CRM TECH for signs of historical/archaeological resources. No historical resources were encountered. There are no physical structures of historical note within the area proposed for development.Therefore, the impact is considered less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration ' January 2006 a[f�XP Page 20 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b-d) Less than Significant With Mitigation Incorporated. No archaeological or paleontological resources exist within or adjacent to the project area. The project, as currently proposed, would not cause substantial adverse change to any known archaeological or paleontological resources. No further cultural resources investigation is necessary for the proposed project unless development plans undergo such changes as to include areas not covered by the CRM TECH study. If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. During ground disturbing project activity the potential to inadvertently encounter paleontological or cultural resources during project construction is always possible. Therefore, the impact is considered less than significant with mitigation incorporated. Mitigation Measures MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc.The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. Aqua Palm Springs Initial Study/Mitigated Negative DeclarationJanuary 2006 ° a Page 21 of 55 • o AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION .. - .Less Than - Significant potentially with Less Than Significant . Mitigation ,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. it) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic-related ground failure, including El El Elliquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑ topsoi I? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ® ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? 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 ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? A technical report was the basis for the following analysis and can be found in Appendix D. a) i) Less than Significant Impact. The site is located within an active seismic area within approximately 7 miles (11.7 kilometers) of the San Andreas fault system. Well-delineated fault lines cross through this region as shown on California Geological Survey (CGS) maps; however, no active faults are mapped in the immediate vicinity of the site. The project site does not lie within a currently delineated State of California, Alquist-Priolo Earthquake Fault Zone. Therefore, active fault rupture is unlikely to occur at the project site. Ground rupture is . generally considered most likely to occur along pre-existing faults (Smith, Peroni & Fox, 1992). Therefore, active fault rupture is unlikely to occur at the project site. Compliance with Uniform Building Code (UBC) will reduce potential impacts to a less than significant level. Aqua Palm Springs Initial Study/Mitigated Negative Declaration "n S. January 2006 Page 22 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ii) Less than Significant Impact. High levels of ground shaking may occur during future large magnitude Southern California earthquakes, particularly on the San Andreas Fault. All structures on the property will be subjected to this shaking, and could be seriously damaged if not properly designed. This potential impact could be reduced to a level of less than significant through ensuring that the structural design of all buildings is performed by knowledgeable structural engineers familiar with conservative seismic design principles. As a performance standard the project will be required to be constructed to conform to the California Building Code (CBC) requirements for Seismic Zone 4. iii) No Impact. Liquefaction is the loss of soil strength from sudden shock (usually earthquake shaking), causing the soil to become a fluid mass. In general, for the effects of liquefaction to be manifested at the surface, groundwater levels must be within 50 feet of the ground surface and the soils within the saturated zone must also be susceptible to liquefaction. The potential for liquefaction is very low across most of the City of Palm Springs. The potential for liquefaction to occur at this site is considered negligible because the depth of groundwater around the site exceeds 100 feet. The project does not lie within the Riverside County designated liquefaction hazard zone. Therefore, no impact would occur. iv) No Impact. The elevation on the parcel is approximately 400 feet above sea level. The site slopes gradually toward the southeast with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto Ba(sto Road. The City of Palm Springs General Plan indicates that potential landslide hazard is primarily located in hillsides or mountainous areas of the City. Therefore, no impact would occur. b) Less than Significant Impact. During grading operations, the project has the potential to cause airborne and waterborne erosion. Standard City protocols would be enforced during review of engineering design plans (e.g., grading and erosion control requirements). Projects larger than 1 acre in size require compliance with National Pollution Discharge elimination System (NPDES) criteria, preparation of a Storm Water Pollution Prevention Plan (SWPPP), and the inclusion of appropriate best management practices (BMPs) to control soil erosion as well as off-site discharge to pollutants to surface waters. The project will also be required to prepare a Fugitive Dust (PM10) Mitigation Plan in compliance with adopted procedures of the SCQAMD and the City. Paving of streets and planting of landscaping will stabilize soil during the long-term operational phase of the project (home occupancy). For these reasons, project implementation will not result in substantial soil erosion problems or the loss of topsoil and no mitigation is required. Therefore, impacts are considered less than significant. Compliance with these procedures will be required prior to issuance of grading permits and implemented throughout the project's construction period. These procedures will ensure that potential erosion is controlled during the construction process. c) Less than Significant Impact. Ground subsidence from seismic events or hydroconsolidation is a potential hazard in the Coachella Valley area. The elevation on the parcel is approximately 400 feet above sea level. The site slopes gradually toward the southeast with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto Baristo Road. Aqua Palm Palm Springs Initial Study/Mitigated Negative Declaration January 2006 QD Page 23 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Slope Instability The site is relatively flat, therefore, potential hazards from slope instability, landslides, or debris flow are considered negligible. Soil Liquefaction See a. iii above. Ground Subsidence The potential for seismically induced ground subsidence is considered to be slight to moderate at or near the site. Dry sands tend to settle and density when subjected to strong earthquake shaking. The amount of subsidence is dependent on relative density of the soil, ground motion, and earthquake duration. Uncompacted fill areas may be susceptible to seismically induced settlement. Adherence to the grading and structural recommendations in the Geotechnical report would reduce potential settlement problems to a less than significant level. d) No Impact. Site soils have a very low potential to be expansive. According to the Geotechnical Report prepared by Sladden Engineering dated April 23, 20003, the surface soils encountered during exploratory borings were found to be non-expansive. Laboratory testing indicated as Expansion Index of 0 that corresponds with the "very low" expansion category in accordance with UBC Standard 18-2. Therefore, no impact would occur. e) No Impact. No septic tanks or alternative wastewater disposal systems would be constructed as part of the proposed project. Therefore, no impact would occur. Aqua Palm Springs Initial Study/Mitigated Negative Declaration B January 2006 Page 24 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ., Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No 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 ❑ ❑ ® ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El 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? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? 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? ci-lb) Less then significant Impact. Currently the site consists of vacant desert land. A sparse growth of native brush, grass and weed covers the site. Implementation of the project would result in the development of new residential units and open space components. Although small quantities of commercially available hazardous material could be used within the residential component, these materials would not be used in sufficient quantities to pose a threat to human or environmental health. The project does not include the demolition or removal of older structures that may contain hazardous materials such as lead paint or asbestos. Construction of the project would involve the use of heavy equipment, which uses small amounts of oils and fuels and other potentially flammable substances. During my Aqua Palm Springs Initial Study/Mitigated Negative Declaration t, January 2006 „oj Page 25 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION construction, equipment would require refueling and minor maintenance on location, which could lead to fuel and oil spills. The contractor would be required to identify a staging area for storing materials and equipment. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. The use and handling of hazardous materials during construction activities would occur in accordance with applicable Federal, State, and local laws including California Occupational Health and Safety Administration (CaIOSHA) requirements. No waterways are located on the site and the project would be required to obtain a National Pollution Discharge Elimination System (NPDES) General Construction Activity Storm Wafer Permit. The project contractor would be required to file a Notice of Intent under the State's NPDES General Construction Permit. This permit requires that a Storm Water Pollutant Prevention Plan be prepared specifying Best Management Practices to reduce construction related-impacts on the project site. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. As part of the building permitting process, all plans are reviewed for compliance with applicable Building and Fire Department requirements, pursuant to the Uniform Building and Fire Codes, and all other related City requirements. Therefore, implementation of the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material. c) No Impact. Palm Springs High School is located within 114 mile of the project site. As described in Vll.a, the proposed project would include the construction of residential, a commercial and open space components. The operation of the project would not result in the routine use, transport, or disposal of substantial quantities of hazardous materials. Therefore, no impact would occur. d) No Impact. The proposed site is not located on the list of hazardous materials site compiled pursuant to Government Code Section 65962.5 and would not pose a significant hazard to the public or the environment. Therefore, no impact would occur. e) No Impact. The project is not located within the boundaries of the Riverside County Airport Land Use Compatibility Plan for Palm Springs International Airport and would not conflict with airport operations. Therefore, implementation of the proposed project would not expose people to air related hazards. Therefore, no impact would occur. f) No Impact. The project site is not located within the vicinity of a private airstrip. Therefore, implementation of the proposed project would not expose people to air related hazards. Therefore, no impact would occur. g) No Impact. The project would not impair implementation or physically interfere with an adopted emergency plan or emergency plan or emergency evacuation plan, although the project would be reviewed by the City Fire Department to ensure consistency with emergency response and evacuation needs. Therefore, no impact would occur. h) No Impact. The project is in a semi-urban area and development of the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wild fire. Therefore, no impact would occur. Aqua Palm Springs Initial Study/Mitigated Negative Declaratigo("I",—,q ` January 20116 � � Page 26 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With ,Less Than . Significant Mitigation Significant Impact Incorporated Impact ,No Impact Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ El ® ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater El ❑ ® El 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 ® El drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or El El El Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ 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? ❑ ❑ ❑ A technical report was the basis for the following analysis and can be found in Appendix E. a) Less than Significant Impact. The project is located south of Tahquitz Canyon Way, epsta of Farrell Drive and north of Baristo Road and consists of approximately 24 acres. The project would include 156 condominiums in a private, gated development. Construction at the site would be subject to National Pollutant Discharge Elimination System (NPDES) stormwater regulations for construction activities, which apply when there is a soil disturbance of more than one acre, or if less than one acre, part of a larger common plan of development one acre or greater. The applicant shall be required to comply Aqua Palm Springs Initial Study/Mitigated Negative Declaration'' n�1 a January 2006 ��, Page 27 of 55 i AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION with all rules, regulations and procedures of the NPDES permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colorado River Basin-Regional VII). Under this program development that proposes more than one acre of grading would apply for a permit to control the discharge of pollution to the maximum extent practicable. The project would be required to meet all City, regional and state applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. Therefore, compliance with all standards would ensure that potentially significant impacts will be reduced to less than significant. As regards to wastewater, the proposed project would connect to the City's sanitary sewer system, which would convey project wastewater to the Palm Springs Wastewater Treatment Plant (WWTP). Operation of, and any future expansion of the WWTP are overseen by the Regional Water Quality Control Board. Compliance with existing NPDES regulations and discharge requirements of the RWQCB would ensure that potentially significant impacts would be reduced to less than significant. Therefore, the project would not violate any waste discharge requirement on a City, State or Federal level. This impact is considered less than significant. b) Less than Significant Impact. The project proposes to use water supplied by the Desert Water Agency (DWA). Water for the proposed project would be served by Desert Water Agency. The project is not anticipated to deplete groundwater supplies, interfere substantially with groundwater recharge, or substantially increase demand for water. Based on water demand for the proposed project as described in XVI.a, the DWA has sufficient water supply to generate water supply for the project, as does the City WWTP as described in XVI.a. Therefore, the impact is considered less than significant. c, d) Less than Significant Impact. The proposed project would add new impervious surface approximately 10 acres of impervious surface. The proposed site currently consists of vacant desert land, covered with sparse native brush, grass, and weeds. The site is relatively flat and level with adjacent properties. The elevation on the parcel is approximately 400 feet above sea level. The site slopes gradually toward the southeast with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto Baristo Road. The site soil consists generally of A and AMC-11 soils. Soil properties influence the relationship between rainfall and runoff by affecting the rate of infiltration. The Natural Resources Conservation Service (NRCS) divides soils into four hydrologic soil groups based on infiltration rates (Groups A-D). This project site generally consists of A soils. Group A soils have a low runoff potential due to high infiltration rates even when saturated (0.30 in/hr to 0.45 in/hr or 7.6 mm/hr to 11.4 mm/hr). These soils primarily consist of deep sands, deep loess, and aggregated silts. These soils have a high rate of water transmission. Construction of the proposed project would create impervious surfaces on the site, which would alter the existing drainage conditions. Compliance with mandatory NPDES requirements would reduce the potential of erosion and siltation during the short-term construction and long term operation phases of the project. In addition, the project would be required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP), which specifies Best Management Practices (BMPs) that shall prevent all construction pollutants from contracting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 i Page 28 of 55 i i AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION A Preliminary Hydrology Report was prepared by MSA Consulting, dated April 7, 2005 and indicates that existing street improvements with curb and gutter immediately surround the project area on all sides, diverting offsite flow from entering the project. All storm runoff generated on-site would be conveyed through the proposed on-site streets to catch basins, where underground storm drain pipelines would then carry the runoff to the retention basin. The total runoff storage capacity provided by the retention basin would suffice to store the incremental increase of storm runoff due to development (MSA Consulting, 2005). The remainder of the storm runoff would overflow directly onto Baristo Road. Additionally, compliance with all standards would ensure that potentially significant impacts would be reduced to less than significant. e) Less than Significant Impact. The Preliminary Hydrology Report by MSA Consulting, Inc. concludes that the total capacity of the proposed retention basins and underground storage facilities for the planned development is 5.060 acre-feet, sufficient to store the incremental increase of runoff caused by development. The proposed development of Tentative Tract 33341 meets the hydrologic requirements set forth by the City of Palm Springs. Tables VIII-1 and VIII-2 show the Existing and Proposed project analysis for storm runoff and show that the designed storm capacity for the project is adequate. TABLE VIII-I SYNTHETIC UNIT HYDROGRAPH ANALYSIS-VALUES OF EFFECTIVE RAIN Existing Proposed 24-Hour 0.490 inches 3.038 inches 6-Hour 0.682 inches 1.850 inches 3-Hour 0.741 inches 1.527 inches Source:MSA Consulting,2 005 TABLE VI II-2 100-YEAR STORM RUNOFF VOLUMES Existing Proposed - Incremental'Increase 24-Hour 0.971 acre-feet 6.022 acre-feet 5.051 acre-feet 6-Hour 1.352 acre-feet 3.667 acre-feet 2.315 acre-feet 3-Hour 1.469 acre-feet 3.027 acre-feet 1.558 acre-feet Source:MSA Consulting,2005 f) Less than Significant Impact. Construction at the project site could produce pollutants that would have the potential to temporarily degrade the quality of receiving waters if not properly managed. The primary pollutant of concern is sediment that results from excessive erosion of disturbed soils. Other potential pollutants include metals, pesticides, nutrients and soil additives, construction chemicals and fuel, and miscellaneous waste. With the implementation of Best Management Practices (BMPs) required by the City as well as through the project's required SWPPP, no significant long-term impact to water quality would result from construction activities. Therefore, compliance with all BMPs would ensure that potentially significant impacts would be reduced to less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 1 s Page 29 of 55 a '"'r-- AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION g-h) No Impact. The project is not located within an area designated as a 100-year flood boundary by the Federal Management Emergency Agency (FEMA). The project site is covered by Flood Insurance Rate Map (FIRM) Panel Number 060257 0006D, revised July 7, 1999 for Riverside County. The FIRM designates the project as Zone C indicating the project area is subject to minimal flooding. The proposed retention basins are designed to capture storm water runoff from the project site as a result of the increase in impervious surface.Therefore the impact is considered less than significant. The project could potentially redirect runoff in the event of a 100-year flood. However, improved streets surrounding the project currently prevent off site flows from entering the project site. Site elevations are approximately 400 feet above sea level, generally sloping toward the southeast, storm runoff would generally be characterized as sheet flow interspersed by localized high and low points. As a result of the proposed design, all 100- year storm runoff exceeding that currently generated on-site would be captured and stored on-site in the proposed retention basin. Therefore, this impact is considered less than significant. 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 in the city of Palm Springs. Therefore, no impact would occur. j) No Impact. A tsunami is an unusually high sea wave, (more precisely, a series of waves), of local or distant origin that results from large-scale seafloor displacements associated with large earthquakes, major submarine slides, or exploding volcanic islands. It is not likely that Palm Spring would be affected by a tsunami because Palm Springs is located roughly 60 miles from the pacific coast. Therefore, no impact would occur. A seiche is the oscillation of water in an enclosed body of water (such as a lake). Water in golf course lakes could be affected during a strong seismic event. However, no damage would be anticipated, as these features are not of sufficient size or depth to have a major destructive potential. There are no flood control/desilting basins in the vicinity of the project. Therefore, potential impacts of seiches would be minimal (Smith, Peroni and Fox, 1992). Mudflow would be associated with a reservoir which could break resulting in flooding or mudflow to down stream properties. No reservoirs are located in the vicinity of the City of Palm Springs. Therefore, no impact would occur. Aqua Palm Springs Initial Study/Mitigated Negative Declaration a�"ImF lanuary 2006 , a Page 30 of 55 i AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No 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 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 ❑ plan or natural community conservation plan? a) No Impact. As previously stated, the surrounding land uses are residential, commercial, and some offices. The project site is a vacant 24-acre parcel of land. The proposed project is for the construction of 156 condominiums and associated site improvements representing the later phase of an existing development. The proposed condominiums would be compatible with surrounding land uses. Therefore, the project would not physically divide an established community and no impact would occur. b) No Impact. The proposed planned development is consistent with the goals and objectives of the M15 (Medium-Density Residential 12-15 units/acre) General Plan designation for the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.61b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project consists of condominium units that are consistent with these policies because there is at least one covered parking spaces per unit, because individual units have private yards, because units have individualized entries within clustered motor courts, and because the units have articulated exterior elevations with numerous corners and no long wall expanses. The proposed project is also requesting a Planned Development District for some modifications in development standards for the zone in which the project is located. Planned Development Districts are authorized pursuant to Section 94.03.00 of the Palm Springs zoning ordinance. Therefore, the proposed project does not conflict with any local land use plans or policies. c) No Impact. There are no habitat conservation or natural community conservation plans currently adopted for the project area. A draft Coachella Valley Multi-Species Habitat Conservation Plan (HCP) is currently under consideration, but has not been adopted as yet by the City of Palm Springs. Therefore, there would be no impact to the natural community. Aqua Palm Springs Initial Study/Mitigated Negative Declaration„ ),-4'­i)e1 January 2006` QD Page 31 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than - S'gm iicard Potentially ' With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral 11 ❑ ❑ 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 El El 0 z 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. ,> r. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 [, Page 32 of 55 a AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant, .Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact, No 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 ❑ ❑ El El 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 ® ❑ working in the project area to excessive noise levels? A technical report was the basis for the following analysis and can be found in Appendix F. a-d) Less than Significant With Mitigation Incorporated. The City of Palm Springs requires that the community noise equivalent level (CNEL) does not exceed 65 dB at the exterior living areas (rear yards) or 45 dB at the habitable interior living area. The following discussion is broken down into construction and post construction. CONSTRUCTION The transport of workers and equipment to the construction site would incrementally increase noise levels along the roadways leading to and from the site. The increase, although temporary in nature, could be audible to noise sensitive receptors located along the roadways utilized for construction as well as to residences south of the project site. Although there could be a relatively high single event noise exposure potential with passing trucks, the effect on long-term ambient noise levels would be less than 3 dBA when truck noise (87 dBA at 50 feet) is added to existing noise levels and average over a 24-hour period. Therefore, short-term construction worker and equipment travel noise increases would represent less than significant impacts on noise sensitive receptors along the site access routes. Aqua Palm Springs Initial Study/Mitigated Negative Declaration t January 2006 Page 33 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION During the construction phase, noise generated at the project site could become excessive. However these impacts would be temporary in nature. The loudest construction equipment used during construction hours would be earth-moving equipment including bulldozers, backhoes, tractors, trenchers, front loaders, jackhammers, and rotodrills. The Environmental Protection Agency has found that the noisiest equipment types operating at construction sites, typically range from 88 to 91 dBA at 50 feet. Mitigation measures identified below would reduce these temporary impacts to less than significant. POST CONSTRUCTION The residential development would be exposed to noise generated from surrounding arterial traffic. An Acoustical Analysis prepared by Gordon Bricken & Associates, dated December 16, 2004 found that the average noise level calculated for Tahquitz Canyon Way was 67.7 dB and for Baristo Road was 66.6 dB, which exceed the City of Palm Springs CNEL of 65 dB. In addition, the homes would need to be designed to provide a noise reduction up to 22 dB in order to comply with the City's interior CNEL standards of 45 dB. The project is also exposed to noise from commercial properties to the west and aircraft noise. The aircraft noise is estimated in the 45 to 50 dBA CNEL range, which is within acceptable levels. However this noise is sporadic in nature and generally occurs during the daytime hours. Therefore impacts from the commercial properties and aircraft noise on the overall ambient noise conditions at the project site are considered less than significant. All of the residential lots proposed on-site are considered noise-sensitive. With a projected noise level of 69.6 CNEL at the right-of-way line (50 feet from the centerline) adjacent to Tahquitz Canyon Way and 68.8 CNEL on Farrell Drive, this impact would be considered significant and requires the application of the mitigation measures identified below. Implementation of the mitigation measures below would ensure that construction and operational noise impacts are mitigated to less than significant. Mitigation Measures AAM XI-1 The project applicant shall demonstrate that all on-site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. AAM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. Aqua Palm Springs Initial Study/Mitigated Negative Declaration g + January 2006 �- Page 34 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGAVVE DECLARATION MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on- site construction vehicles shall be located in the northern portion of the site. ,MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-8 Construction activities on-site shall take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. e-f) Less than Significant Impact. The project site is located approximately 1 mile from Palm Springs International airport and therefore, would be subject to noise from airplane overflights. However, the noise exposure is estimated at between 45 to 50 dBA CNEL and is therefore, not considered to be excessive. The project site is not located within the boundaries of the Riverside County Airport Land Use Compatibility Plan for Palm Springs International Airport. Since the project is not located within an airport land use plan or within the vicinity of a private airstrip its impact on the overall noise exposure at the project site is less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration, '.�`+ January 2006 ,� Page 35 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION - .Less Than Significant - Potentially With Less Than Significant, Mitigation Significant Impact Incorporated Impact No Impact XI I. 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 ® ❑ businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) Less than Significant Impact. The project would include 156 condominiums in a private, gated development. This would be an increase in the current population. The project would accommodate approximately 312 people based on 2 persons per unit. However, this increase in development in the City would occur within an area anticipated to consist of urban uses. The environmental effects of amending the General Plan to accommodate the proposed project are evaluated in this document. b-c) No impact. The proposed project site is a vacant parcel and the project represents the later phase of an existing development. Therefore, no existing population or housing would be displaced. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 ' � Page 36 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION . Less Than Significant Potentially With Less Than Significant. Mitigation Significant Impact Incorporated Impact No Impact XIII. 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) Less than Significant Impact. The proposed project would not result in significant impacts to structures or any emergency response procedures. The Palm Springs Fire Department (PSFD) serves the current population of 44,260 persons, covering a geographical area of 96 square miles with five fire stations. Construction activities are not anticipated to result in an increase in demand for fire protection services. The proposed project would result in a 0.9% population increase to the City of Palm Springs. The PSFD has set a maximum acceptable fire response time within the urbanized at five minutes. The project site is located less then one mile from Station #442, as a result the PSFD would be able to reach the project within the five-minute response time. The project would conform to the access requirements and conditions of approval for the PSFD prior to submission for a building permit. Therefore, impacts to fire services are considered less than significant. b) Less than Significant Impact. According to calculations for police coverage assessment, 1.5 sworn officers per 1,000 people are required. The 2004 California Department of Finance (DOF) population estimate for Palm Springs was 44,260 persons. At 2 persons per unit for 156 units, the City population would be increased by approximately 312 persons or by approximately 0.7%. Currently, the City of Palm Springs Police Department (PSPD) consists of 92 sworn officers and 56 general personal. The City's maximum police protection coverage is 138,000 people. The increase in population from the proposed project would not result in impacts to the City's Police protection service capacity. The project would comply with all rules, regulations and procedures of the PSPD. Therefore, impacts to police protection would be less than significant. c) Less than Significant Impact. The project would be required to comply with PSUD's developer fees for residential units at the time of the building permit. The developer fees are based on building area square footage at the rate of $2.24/per sq ft for residential development and $0.36 per square foot for commercial/industrial. According to Facilities Planning it is not expected that the proposed project would have impacts that would exceed available capacity of educational services. California Government Code Section 65995(h) specifically states "the payment or satisfaction of a fee, charge, or other requirement levied or imposed... [is] deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 Page 37 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities." Therefore, impacts to PSUD are considered less than significant. d) Less than Significant Impact. According to the City's General Plan there are approximately 130 acres of City-owned and developed park land within the City. The General Plan states that the City's aim is to provide 2.5 acres of community park land for every 1,000 residents. Utilizing the population estimate of 44,260, the current ratio of developed park land per 1,000 residents is 2.9 acres per 1,000 people. This ratio exceeds the goal of the City General Plan. The project provides amenities such as common area pools and private use rear yards for on-site recreation. In addition, the project would be required to pay park impact fees to the City associates with the development of the condominiums. Therefore, impacts to parks and recreation are considered less than significant. e) Less than Significant Impact. The proposed project is not expected to cause significant environmental impacts to the service levels of any other public service providers and would not propose relocating these facilities. Therefore, impacts to other public facilities are considered less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 ��" Page 38 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than : . Significant Potentially With Less Than Significant. Mitigation Significant - Impact Incorporated Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ® ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ ® El facilities, which might have an adverse physical effect on the environment? a-b) Less than Significant Impact. The project would include 156 condominiums in a private, gated development. The project would include private rear yards, swimming pools, and common area. There are recreational facilities located within an approximate one-mile radius of the project: Sunrise Park and the Dog Park. While, any new residents could cause increased demand for use of recreational facilities and public parks, the proposed project would result in an approximately 0.7% population increase to the total population of the City of Palm Springs. This is a negligible increase which would not substantially increase the demand for recreational facilities or require construction/expansion of existing facilities. Additionally, recreation facilities are included as part of the project and future projects that would offset the demands on the current recreational facilities. Therefore the impacts are considered less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration 4 January 2006 ^ r Page 39 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant, Potentially With Less Than .. 'Significant Mitigation Significant Impact Incorporated Impact No Impact 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 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 El El El El management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El ® El ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ® ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ® ❑ turnouts, bicycle racks)? A technical report was the basis for the following analysis and can be found in Appendix G. a-b, d) Less Than Significant Impact with Mitigation Incorporated. The project proposes two points of access into the project: (1) a full-turn access on Tahquitz Canyon Way into Louella Road and (2) a full-turn access on Baristo Road. The interior streets are proposed to be 36 feet wide for the main spine street and 20 feet wide for the minor streets leading into the parking courts. The Circulation Element of the Palm Springs General Plan, adopted March 3, 1993, includes as a policy, the provision and maintenance of level of service (LOS) D operation for the City's circulation network. A Traffic Impact Study was prepared by Endo Engineering dated January 2005 and revised November 2005, and identified the following as circulation impacts associated with the proposed project: 1. The trip generation associated with the proposed project would total approximately 1,840 daily trip-ends, of which 140 would occur during the morning peak hour and 187 would occur during the evening peak hour. 2. The project will require mitigation at the main site access on Baristo Road to maintain acceptable levels of service for the peak 15-minute flow rate during the morning and evening peak hours. Aqua Palm Springs Initial Study/Mitigated Negative Declaration OEM January 2006 Page 40 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 3. While an incremental impact on local pedestrian circulation is expected, it is not expected to be significant because ocher required street improvements near the two points of access would interrupt vehicular traffic thereby reducing the potential for pedestrian-vehicle conflicts. 4. The proposed main site access would create a 4-way intersection where a "tee" intersection currently exists. The main site access on Baristo Road (opposite Compadre Road) will not meet pedestrian, school crossing, or urban peak hour traffic signal volume warrants with Year 2020 project traffic. 5. With Year 2000 traffic volumes, all of the key intersections will provide acceptable levels of service during peak hours with and without the project, provided a second eastbound through lane is striped on Baristo Road at Compadre Road and this intersection if converted to all-way stop control. 6. The Louella Road northbound approach to Tahquitz Canyon Way would operate at LOS E with Year 2020 ambient (no project) traffic volumes and operate at LOS F following the addition of the project. However, the traffic volumes projected for the intersection of Tahquitz Canyon Way and Louella Road are not sufficient to meet traffic signal warrants. Mitigation Measures MM XV-1 The applicant shall install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. 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 installed and operational prior to issuance of the 150th Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal. AAM XV-2 The applicant shall Install traffic striping and signage improvements at the intersection of Barisfo Road and Compadre Road to provide striping for two eastbound through lanes of uniform width that extend a minimum of 150 feet west and 200 feet east of Compadre Road, or as required by the City Engineer. Submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. AIM XV-3 The applicant shall install 30 inch stop signs, stop bars, and "STOP" legends as necessary fo create an "All-Way Stop Controlled" (AWSC) intersection, at the intersection of Baristo Road and Compadre Road, and the Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. MM XV-4 The applicant shall remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry aligned with the centerline of Compadre Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 0 Page 41 of 55 I AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median.The median shall be located outside of public right-of-way. c) No Impact. The proposed project would not affect any air traffic patterns as it is a residential project. Therefore, there is no impact. e) Less Than Significant Impact. The proposed site plan shows two points of access to the project: Baristo Road and Taquitz Canyon Way. Both are gated, two-way access points. The Fire Department and City Engineer will review the gated entry design including widths of ingress and egress lanes to ensure that there is adequate emergency access. With the implementation of the project's conditions of approval, this impact is considered less than significant. f) No Impact. The project proposes to place clusters of detached homes around motor courts leading from circle drives that lead from the main spine interior street. Occasionally, homes will also front directly onto the circle drives. Pursuant to Section 93.06.00 of the zoning ordinance, the project is required to provide 351 parking spaces based upon 312 spaces for the units and 39 guest parking spaces. The project proposes to provide 386 parking spaces including specialized parking to allow a combination of attached garages and tandem garages for residences. Project plans show that Plan "D" has a garage with two tandem spaces. For purposes of entitlement, the tandem spaces are treated as one parking space. Therefore, the project has adequate parking capacity. g) Less Than Significant Impact. There is an existing bus stop at the northeast corner of Farrell Drive and Baristo Road. SunLine Transit Agency is currently undergoing a Comprehensive Operations Analysis (COA) that may result in the deletion of the bus stop. In the event that the COA is completed prior to the issuance of grading permits for the project and indicates that the bus stop is not needed, the developer is not required to construct any improvements. However, if the COA is not completed prior to the issuance of grading permits for the project, the developer shall be required to construct a new bus turn out at the existing bus stop location. Therefore, the project would not conflict with any adopted plans or policies supporting alternative transportation. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 qq��. Page 42 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION . Less Than Significant; Potentially With Less Than Significant Mitigation Significant Impact 'Incorporated hnpact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El El ® El Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ® ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of 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 related to solid waste? a) Less then Significant. The proposed project would provide connections for 156 residential units to the existing water and wastewater infrastructure. The project would convey wastewater generated by the project to the Palm Springs WWTP. Based on the Palm Springs GP EIR the average consumption of domestic water per person within the Desert Water Agency's service area is 602 gallons per day based on permanent residents. The projected water demand for the project is 178,432 gallons per day (gpd). This calculation is based on an assumption that 602 gpd are used per person times the average 1.90 persons per single-family household times 156 equivalent dwelling units. The facility has a capacity of 10.9 million gallons per day (mgd) and currently processes an average daily flow of 8.5 mgd. Although the numbers for the facility capacity stated above are based on figures from the 1993, the population increase from 1990 to 2000 was 2,626 people (6%) (Census, 1990, 2000). Implementation, of the project would increase in the population by 312 persons and wastewater generated by 178,432 gpd. The City of Palm Springs, WWTP has sufficient capacity for this development. Operation of the WWTP is regulated by the Regional Water Quality Control Board RWQCB. RWQCB, standard permitting and monitoring ensure that treatment requirements for waste discharges are not exceeded. Therefore, the impact to exceed wastewater treatment requirements would be less than significant. \ �,3'� Aqua Palm Springs Initial Study/Mitigated Negative Declaration ��:�© Panuaryge 43 of 06 55 ,, Page 43 of 55 { s C AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b) Less than Significant. Based on water demand for the proposed project as described in XVI.a. The DWA has sufficient water supply to generate water supply for the project as does the City WWTP as described in XVI.a. The project developer would be required to comply with all rules, regulations, and other requirements of the DWA in order to provide water service to the site. Water service requirements may include, but are not limited to, upgrades, modifications, replacement, and abandonment of existing DWA facilities. These improvements may require construction within and adjacent to public rights-of- way and existing and/or proposed easements. Therefore, the impact to require construction of new water or wastewater treatment facilities would be less than significant. c) Less than Significant. The master drainage plan provides for drainage of the 10-year storm runoff in the storm drain lines, and 100-year runoff in the street right of way. When fully implemented, there would be no need for a project to have on-site retention/detention facilities. Since the entire system is not constructed, on-site detention of increased runoff due to development is required. In addition, drainage acreage fees for implementation (construction) of the Master Drainage Plan are imposed on development so the City can eventually construct all of the regional storm drain lines. The developer proposes to detain the incremental increase and pass the existing runoff downstream. The developer is also conditioned to design and construct Storm Drain Lateral 20CA extending in Baristo Road from El Cielo Road to Compadre to accept storm water runoff from the project site. This construction would take place in the public-right- of-way on already disturbed property. In addition, an in-lieu fee for drainage acreage fee would apply. Therefore, the impact to construction new storm water drainage facilities would be less than significant. d) Less than Significant with Mitigation Incorporated. Based on wafer demand for the proposed project as described in XVI.a, sufficient water supplies are available to serve the proposed project. However the DWA recommends several water conservation mechanisms. Therefore, the impact to sufficient water supplies would be considered potentially significant unless mitigation is incorporated. Mitigation Measures MM XVI-1 Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The applicant of irrigation technology such as tensiometers, drip or micro spray system and quality time clocks is also highly recommended. The California Health and a Safety code requires the all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush. e) Less then Significant. See XVI.b above. The impact to wastewater treatment capacity is considered less then significant. f) Less Than Significant. The proposed project would be accommodated by Palm Springs Disposal Service (PSDS) and the existing landfill has sufficient capacity to accommodate solid waste beyond the next 20 years and no new landfills are currently planned for the area. Based the assumption that residents generate 2 lbs. of waste per day, The, proposed project would produce 624 Ibs of waste per day. Therefore, the impact to be served by a land fill with sufficient permitted capacity is considered less then significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 Page 44 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION g) Less than Significant. The proposed project would be required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991) and other applicable local, State, and Federal solid waste disposal standards, thereby ensuring that impacts associated with this issue are considered to be less than significant.Therefore, impacts to solid waste are considered less than significant. Aqua Palm Springs Initial Study/Mitigated Negative Declaration G1 January 2006 '. � Page 45 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant, with Potentially Mitigation Less Than Significant Incorporate Significant Impact A Impact No 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 ® El El when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future p roj ects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ® ❑ beings, either directly or indirectly? a) Less Than Significant with Mitigation Incorporated. 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 the proposed project contains no evidence of any critical habitat or endangered species. No officially listed plants or animal species were detected during the field surveys, therefore there would be a less than significant impact on biological resources, including fish or wildlife species, or rare or endangered plant or animals. No historical resources exist within or adjacent to the project area. The project, as currently proposed, would not cause substantial adverse change to any known historical resources. No further cultural resources investigation is necessary for the proposed project unless development plans undergo such changes as to include areas not covered by the CRM Tech study. If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. During ground disturbing project activity the potential to inadvertently encounter paleontological or cultural resources during project construction is always possible. Therefore, the impact is considered less than significant with mitigation measures identified in Section V. b) Less Than Significant with Mitigation Incorporated. The project would be consistent with the City's General Plan and would not create any potentially significant impacts, The proposed project is for 156 residential condominiums within a private, gated community. There are no other new projects currently under construction in the immediately vicinity Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 Y Page 46 of 55 AQUA PALM SPRINGS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION of the project. The proposed project is located on a parcel that is designated for residential land uses and was previously approved as the later phase of a existing condominium project to the east. The analysis provided in this document considers year 2025 conditions and implementation of the mitigation measures identified in this document and adherence to basic regulatory requirements would fully mitigate the project's contribution to cumulative impacts. c) Less Than Significant 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. Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 ®r',, Page 47 of 55 AQUA PALM SPRINGS 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. City of Palm Sprinas Zoning Code. 2004. 4) City of Palm Springs. Citywide Historic Resources Survey. June 2004. 5) Government Code Section 65962.5(f), "Hazardous Waste and Substances Statement". 6) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993. 7) Riverside County Airport Land Use Commission. Riverside County Airport Land Use Compatibility Plan. October 14, 2004. 8) Endo Engineering. Aaua Planned Development District Traffic Impact Study. January 2005 and updated November 2005. 9) Endo Engineering. Aaua Planned Development District Air Quality Study. January 2005. 10) MSA Consulting. Preliminary Hydroloay Report:Tentative Tract Map 33341. April 7, 2005. ➢ 1) Gordon Bricken & Associates. Acoustical Analysis: Aaua Project City of Palm Springs. December 16, 2004. 12) Sladden Engineering. Geotechnical Investigation: Proposed 24 acre condominium complex NEC Barisfo Road and Farrell Drive Palm Srings California. April 30, 2003. 13) CRM TECH. Historical/Archaeological Resources Survey Report: The Aqua Project. December 7, 2004. 14) James W. Cornett Ecological Consultants. Biological Assessment and Impact Analysis of the proposed Aqua -Palm Springs_project located within the City of Palm Springs, California. December 12, 2004 Aqua Palm Springs Initial Study/Mitigated Negative Declaration January 2006 Page 48 of 55 ,,�r STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME Z��ri" "� ,Ylv 1 1 8: 28 ENVIRONMENTAL FILING FEE CASH RECEIPT �IES Receipt# 200600338 CiTY C1 6eadAgency CITY OF PALM SPRINGS PLANNING Dare 03/28/2006 Cczmo7AGenry ofFdzng, Riverside Document No: 200600338 Project Tale 5.1046-PO 231 &TTM 33341, PrnleCt APPlreata Name. AQUA PALM SPRINGS, TLC -Phone Nzanher, Project Applicant Address: Protect Applcant Private Entity CHECK APPLICAISLE lTT:ES ❑Environmental Impact Report ❑x NegativeDcUaration 1250.00 []Application Fee 11,oler Diversion(Slate Water Resnurces Control Board Only) ❑Project Subject to Certified Regulatory Programs Ox CnunryAdmmislrationFee $64.00 Project that is exemplfrom fees(DcMMUMS Exemption) Project that is excmptfrom fees(Nutcc ofLxemption) Total Received 1314.00 Signature and idle ofpenson receiving payment /! Notes: NOTICE OF DETERMINATION To: From: Office of Planning and Research City of Palm Springs 1400 Tenth Street, Room 121 Department of Planning Services Sacramento, CA. 95814 P.O. Box 2743 Palm Springs, CA 92263-2743 x County Clerk c P.O, Box 751 R r- � L Riverside, CA 92502-0751 RWERSIDECOt1, Subject: MAR 2 R ge Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public esources Code. sy M.Meyer Applicant Name: Dennis Cunningham DapuN Address: P.O. Box 1587, Palm Springs, CA 92263 Telephone Number: (760) 320-8773 Project Title: 5.1046- PD 231 &TTM 33341 (Aqua Palm Springs— 156 @ Tahquitz) Planned Development District 232, Tentative Tract Map 33341 Edward O. Robertson 760-323-8245 State Clearinghouse No. Lead Agency Area Code/ (IF submitted to Clearinghouse) Contact Person Telephone Project Location: 2705 E. Tahquitz Canyon Way, Palm Springs, California, Riverside County Project Description: The project consists of a Planned Development District(POD 231)to establish design standards and guidelines for a proposed 156-unit condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow re-subdivision of the site for condominium purposes, and Architectural Approval is also requested. This is to advise that the City of Palm Springs has approved the above-described project with approval effective on March 1,2006, 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. _2L 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 of Overriding Considerations [_was X was not]adopted for this project. 5. Findings [_X 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: City of Palm Springs Department of Planning Services 3200 E Tahauitz Canyon Way, Palm Springs California cn Principal Planner sideal re(Publi en ate Titl e NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE: 5.1046 PD-232, TTM 33341 AQUA PALM SPRINGS, LLC 2705 EAST TAHQUITZ CANYON 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 1, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Aqua Palm Springs, LLC for a proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on an approximately 24-acre parcel located at 2705 East Tahquitz Canyon Way. 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, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior, to the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter(for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward O. 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. J mes Thompson, City Clerk °' J"� Department of Planning Services W E °" Vicinity Map W z a a ANDREAS RD �— w Of � o p V J -1 Vl ETAHQUITZ CANYON'+NY r m El Eo J J W Q6ARISTO RD O w O a 0 V VIA VAQUERO RD Legend site L�5otl'Ratlfus RANCHERO RD r i CITY OF PALM SPRINGS CASE NO: 5.1046 PD-232, DESCRIPTION: Application by Aqua Palm Springs, LLC for a TTM 33341 proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on APPLICANT: Aqua Palm Springs, LLC an approximately 24-acre parcel located at 2705 East Tah uitz Canyon Way, Zoned PD-71A, Section 13. ,' ' .It..fr.. I '1ITY 0 €'�� �.�; 'b��r,�r, PROOF OF PIUBLICATI �? n 2 3 t , Chi ,i space for County Clerk's Filing Stamp (2015.5.C.C.P) �p'�C(.�s z.,3 �1i7 .�� (;u STATE Or CALIFORNIA No, 0158 County Of Riverside NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE:5.1046 PO-232,TTM 30341 AQUA PALM SPRINGS Li 2705 EAST TAHQUITZ CANYON WAY NOTICE IS HEREBY GIVEN that the City Council I am a citizen of the United States and a resident of of the City of Palm Springs, California, will hold a pubhc hearing at its meeting of March 1, 2006. the County aforesaid:I am over the age of eighteen The City Council meeting ir%irs at 6.00 p.m., in years,and not a party to or interested in the the Council Chamber at(,1 ty ali,3200 East Tah- qurtz Canyon Way, Palm Springs.- above-entitled matter.I am the Principal clerk of a The�uipose of this hearing is to consider an ap- printer of tile,DESERT SUN PUBLISHING plioation by Aqua Palm Sponge, LLQ for a pro- posed Planned Development District 232 and COMPANY a newspaper Of general circulation l enta've Tract Map No. 33341 for a 156-unit Printed and published In th condominium complex on an approximately 24- e city Of Palm Springs, acre parcel located at 2705 East Tahquitz Canyon County of Riverside,and which newspaper has been Way. adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of e.r­n <ornI,Y A1ap P!-N a s—,or, InI California under the date of March 24,1988.Case ('rr Number 191236;that the notice,of which the annexed is a printed co set in t PY� type not smaller 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: - February 180' 2006i I '-------- iL - .r 1i All in the year 2006 ENVIRONMENTAL DETERMINATION: A Draft I certify(01'declare)under Penalty Of perjury that the Mitigated t underNegativ Declaration was prepared for this project under the guidelines of the California Environmental Qualit Act (CEQA) and will be re- viewed by the City Council at the hearing. Mem- bers of the public may view this document at the Plamm Services Department, Clty Hall, 3200 Dated at Palm Springs,California this-----2110i East Ta�ci Canyon Way, Palm Sprin ,, and - ----day submit wetter comments at, or prior, to the City Council hearing. of----------rebl'n31' _ ,2006 REVIEW d o PROJECT INFORMATION:The staff /// /// ! �' thisreportp and other supporting documents regainingt '�_ r this project are available for public review at Cit y_____ ____ ____ yy \��r Hall pbetween the hours of .00 a m. and t the - `+ p.m., Monday through Fndayy. Please contact the ---_- __ ffice of the City Clerk at ppoi tment to if e you {{ would Ilk.to schedule as appointment 04 review gnat �e A these documents. g �,-.. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or In writing before the hear,inc Writ- ten comments may be made to the City Council by leger (far mail or hand delivery)to: James Thompson, City Clerk 3200 E. Tahquitz Canyyon 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 al, or Prior, to the ppublic hearing. (Govern- ment Code Section e5009[b][2l). An opportunity will be given at said hearing for all interested persons to be heard.Questions regard- Ing this case may be directed to Edward C Fob- erigson, Planning Services Department at 1760) 323-8215. Si necesita ayuda con esta calla,poidavor India a Is Ciudad de Palm Springs y puede hablar con Nadine Fleger teiefeno (7 0) 323-B245. James Thompson, City Clark Published: 2/18/2006 FpALM S,o �' City of Palm Springs U N Office of the City Cleric * ��o "'° s 3200 E.Tabqui[z Canyon Way ° Palm Springs, California 92262 /FG�R "< O P gyp, Tel: (760)323-8204 ° Pax: (760)322-8332 ° Web:www.o.palm-sprmgs.ca.Lis '4< a 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 Aqua Palm Springs, LLC for a proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on an approximately 24-acre parcel located at 2705 East Tahquitz Canyon Way, was mailed to each and every person set forth on the attached list on the 16th day of February, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (300 notices) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 16th day of February, 2006. AES THOMPSON ity Clerk /kdh H1USERS\C-CLK\Headng Notices\Affidavit-AquaPalmSprings Co 03-01-06 PHN.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 - ' NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE: 5.1046 PD-232, TTM 33341 AQUA PALM SPRINGS, LLC 2705 EAST TAHQUITZ CANYON 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 1, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Aqua Palm Springs, LLC for a proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on an approximately 24-acre parcel located at 2705 East Tahquitz Canyon Way. 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, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior, to the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ,Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward O. 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. y 3 ' p`jomes Thompson, City Clerk �d `` 'K Department of Planning Services wE � u Vicinity Map s W z � a ANDREAS RD J w s � o p V J � V ETAHQUITZ CANYON VN ED J J W r � BARISTO RD --7 w a O L1 VIA VAQUERO RD Legend Site F 500'Ratlius RANCHERO RO I I F1 r i CITY OF PALM SPRINGS CASE NO: 5.1046 PD-232, DESCRIPTION: Application by Aqua Palm Springs, LLC for a TTM 33341 proposed Planned Development District 232 and Tentative Tract Map No. 33341 for a 156-unit condominium complex on APPLICANT: Aqua Palm Springs, LLC an approximately 24-acre parcel located at 2705 East Tah uitz Can on Way, Zoned PD-71A, Section 13. NEIGHBORHOOD COALITION REPS CC Hearing Notice MS APRIL HILDNER MR TIM HOHMEIER Case 5.1046 PD-232, TTM 33341 (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) AQUA PALM SPRINGS, LLC 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA CC Meeting-03.01.06 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN PLOSS MR STEVEN PERRIN MS SHERYL HAMLIN (BEL DESIERTO NEIGHBORHOOD) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA) 930 CHIA ROAD 1334 INVIERNO R\DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR JOHN HANSEN MS MALLIKA ALBERT MS DIANE AHLSTROM (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) PO BOX 252 2241 NORTH LEONARD ROAD 475 VALMONTE SUR PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN (TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 373 MONTE VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BILL SCOTT MR. SEIMA MOLOI MR BOB DIC:KINSON (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY) VISTA LAS PALMAS HOMEOWNERS 540 VIA LOLA 359 W. SUNVIEW AVENUE 755 WEST CRESCENT DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262-1459 PALM SPRINGS CA 92262 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE MODCOM&HISTORIC PO BOX 4738 SITE REP I I I PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO 5.1046 PD-232,TTM 33341 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I 1 1 ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 I I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 MR GREG TROUSDELL MR LEE BRANDENBURG AQUA PALM SPRINGS, LLC 1122 WILLOW STREET,#200 SPONSORS-APPLICANT P.O. BOX 1587 SAN JOSE, CA 95125-3157 PALM SPRINGS, CA 92263 MR MARVIN ROOS MR ANDY ALPER MR BOB CUNNINGHAM MSA CONSULTING, INC DESIGN ARC ARCHITECTS R.J. CUNNINGHAM LANDSCAPE 34200 BOB HOPE DRIVE 10500 WEST PICO BOULEVARD CITY PLAZA BUILDING RANCHO MIRAGE, CA 92270 LOS ANGELES, CA 90064-2320 24681 LA PLAZA, SUITE 330 DANA POINT, CA 92629 r.lau,lo 1J ,a 23J 77-/'l f i f7a 4u?-�J '-�7, 4>t o5. iv f 009-607-090 502-124-001 502-143-004 PALM SPRINGS SENIOR CITIZEN LIVEBYTHEPARK PALM SPRINGS CORPORATE FUND FOR HOUSING COMPLEX 61736 ONAGA TRL 110 PINE AVE#525 5550 LBJ FREEWAY#28 JOSHUA TREE,CA 92252 LONG BEACH,CA 90802 DALLAS,TX 75240 502-143-009 502-143-011 502-190-015 BAGHDADY HANY H PALM SPRINGS DESERT PARK ASSOC PALM SPRINGS MALL 18710 CONSUL AVE 600 QUEEN ANNE AVE N 23166 LOS ALISOS BLVD#234 CORONA,CA 92881 SEATTLE,WA 98109 MISSION VIEJO,CA 92691 502-190-018 502-190-019 502-190-020 SUPPLE CAMELOT FESTIVAL PALM SPRINGS MALL PALM SPRINGS MALL THEATRE 23166 LOS ALISOS BLVD#234 2 HUGHES#200 2100 E TAHQUITZ CANYON WAY MISSION VIEJO,CA 92691 IRVINE, CA 92618 PALM SPRINGS,CA 92262 502-210-022 502-220-018 CITY OF PALM SPRINGS 502-220-011 HAMPTON W H PO BOX 4900 COMMON LOT 2905 E TAHQUITZ CANYON WAY SCOTTSDALE,AZ 85261 PALM SPRINGS, CA 92262 502-230-001 502-230-006 ABBEY PA Y PARTNERS III AUTOMOBILE CLUB OF SOUTHERN A PALM SPRINGS UNIFIED SCHOOL ABBE CALIF 12383 LEWIS ST#200 DIST 3333 FAIRVIEW RD#A379 GARDEN GROVE,CA 92840 333 S FARRELL DR COSTA MESA,CA 92626 PALM SPRINGS, CA 92262 502-240-001 502-240-003 502-240-004 LAS COMPADRES HOME OWNERS KIELEY IF TH0MAS ROBINSON RICHARD ASSINC PO BOX 2161 2875 E BARISTO RD 2724 E VIA PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92262 724A VAQUERO PALM SPRINGS, CA 922626 2 502-240-005 502-240-006 502-240-007 HAVENER VIRGIL KEENAN CHRISTOPHER PIERCEALL LYLE E 2905 E TAHQUITZ CANYON WAY 2772 E VIA VAQUERO RD 2724 E VIA VAQUERO RD PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 502-240-011 502-251-001 502-251-003 ROSENAU INV INC KASSOY ARNOLD D RAYA PATRICIA PORTER 3404 BECHELLI LN#C 459 EL CIELITO RD 946 W BROOK ST REDDING, CA 96002 SANTA BARBARA,CA 93105 SANTA ANA, CA 92703 502-251-007 502-251-008 502-251-009 KOLYTIRIS VALERIE K AGEE KENNETH W LYLE SCOTT A&GINA R TRUST 2966 E VIA VAQUERO RD 2960 E VIA VAQUERO RD 1520 SONORA CT PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 502-251-010 502-260-022 502-260-025 ETCHASON JAMES D FERRIS AIMEL FERRIS AIMEL PO BOX 2868 4100 MACARTHUR BLVD#200 4100 MACARTHUR BLVD #200 PALM SPRINGS, CA 92263 NEWPORT BEACH,CA 92660 NEWPORT BEACH, CA 92660 ')K1 n I I 502-262-001 502-262-002 502-262-003 KLINGERMAN TERRY R&VICKY L DOVE JOHN T SAURS RALPH E 8815 SW NISQUALLY CT 436 KING ST 401 S EL CIELO RD# 179 TUALATIN,OR 97062 MISSOULA,MT 59801 PALM SPRINGS,CA 92262 502-262-004 502-262-005 502-262-006 DONOVAN LARRY R HALL MIKEL A JOHNSON KENNETI-I L&J K TRUST 230 GILA WAY 3802 ROSECRANS ST#000224 550 FREITAS RD PLACENTIA,CA 92870 SAN DIEGO,CA 92110 DANVILLE,CA 94526 502-262-007 502-262-008 502-262-009 2° 1 RENTERIA FRANK LOPEZ MOI-IACHY LAJOSH HARRISia vN 3961 HORENSIA ST#H8 1406 12 VALLEY VIEW DR 401ySe]L 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502-540-030 502-540-031 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-540-032 502-540-033 502-540-034 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 ��� 502-540-035 502-540-036 502-540-037 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 502-540-038 502-540-039 502-540-040 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 502-540-041 502-540-042 502-540-043 PETERSON PAUL&LISA MATTHIEU JAMES I EVANS ROGER A 47817 SUN CORRAL TRL 7552 SW ARBOR GLEN CT 644 S CALLE PETUNIA PALM DESERT,CA 92260 WILSONVILLE,OR 97070 PALM SPRINGS,CA 92262 502-540-044 502-540-045 502-540-046 HALL CYNTHIA L TABBAH KAREN FISCHE -,;KDA J K-14 646 S CALLE PETUNIA 648 S CALLE PETUNIA 656.,SALLE PETUNIA PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92262 502-540-047 502-540-048 502-540-049 TEDESCO ALBERT D KAUFFMANN MARILYN J HART GEORGE N 2565 W RUNYON PL 184 E PASEO FLORIDO 3038 SOFTWIND WAY ANAHEIM,CA 92804 PALM SPRINGS,CA 92262 TORRANCE,CA 90505 502-540-050 502-540-051 502-540-053,, 13IRNIE GREGORY SCOTT BECKA JOHN F WATK MARGUERITE L� 12421 OAK WAY DR 6 MEADOWGRASS 511 SE LINE RD LOS ALAMITOS,CA 90720 IRVINE,CA 92604 , C31, 502-540-053 502-540-054 502-540-055 FEINGOLD WILLIAM SMITH RICHARD M LUMPKIN PHILIP G 393 S CALLE JASMIN 169 MAGELLAN ST 4608 N VIRGINIA AVE PALM SPRINGS,CA 92262 THOUSAND OAKS,CA 91360 CHICAGO,IL 60625 502-540-0�5�6' fuvi 502-540-057 502-540-058 JONES RVB10 MARION HELEN MONIZ CATHLEEN L ERICKSEN CRAIG 487 E �LLE BEGONIA I MOI-IAWK DR 483 E CALLE BEGONIA SPRINGS,CA 92262 SOUTH DARTMOUTH,MA 02748 PALM SPRINGS, CA 92262 502-540-059 502-540-060 502-540-061 BIAVA L]:LI PALM SPR- GS SUNDIAL ��� PALM SPRINGS SHADOWS LTD 444 VIEW ST IIOME ERS ASSN INC PARTNERSHIP MOUNTAIN VIEW,CA 94041 16� ALE AVE#2ND 2533 N CARSON ST#4604 VINE, CA 92606 CARSON CITY,NV 89706 502-540-062 502-540-063 502-540-065 PALM SPRI�SUNDIAL PALM SP GS SUNDIAL PALM SPR XG'S SUNDIAL PAR��.�T�,,,,N''',,,E!!!.VXT'IIP HOME RS ASSN INC HOMEO NERS ASSN INC TOCE, CA 90503 TO d2ANCE,CA 90503 TOR CE, CA 90503 e 502-540-066 502-540-067 502-540-068 HUGHES NEALE WIENER RONALD D YELLAND HARLAN J TRUST 3821 WASATCH AVE#5 3261 CAMBRIDGE CT S 6740 MORNING CANYON RD LOS ANGELES,CA 90066 PALM SPRINGS,CA 92264 PLACERVILLE, CA 95667 502-540-069 502-540-070 502-540-071 CONSALNO JOHN MOORE MATTHEW T RAFIQUZZAMAN MOHAMAD 392 S CALLE JASMIN 394 S CALLE JASMIN 801 CRESTVIEW DR PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 DIAMOND BAR,CA 91765 502-540-072 502-540-073 502-540-077 OLSON DOLORES M SMITH JAMES E AQUA PALM SPRINGS 2310 OAKCREST DR 201 LAVERNE WAY 74140 EL PASEO#4 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM DESERT,CA 92260 502-540-078 502-541-001 502-541-002 PALM SPRINGS SUNDIAL PALM SPRINGf SUNDIAL p A� DUNN BETTY HOMEOWNERS ASSN INC �� HOMEPW�NERS ASSN INC i # 167,21`HALE AVE#2ND 167�d FIALE AVE 2ND 44 CENTENNIAL AVE ikV ,CA 92606 XkfNE,CA 92606 BROCKPORT,NY 14420 502-541-003 502-541-004 502-541-005 HELLER TRUDY KEENAGHAN TERRY COCHRAN MARILYN J 683 S CALLE PETUNIA 685 S CALLE PETUNIA 687 S CALLE PETUNIA PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 502-541-006 502-541-007 502-541-008 / JOHL GUV-�(LORILL MOSS GEORGE H BERW;I DONALD E 691 S GCLLE PETUNIA "a1,1 11762 MOORPARK ST#H 2700 OODLANDS VILLAGE BLVD PALIGI SPRINGS,CA 92262 STUDIO CITY,CA 91604 F GSTAFF,AZ 86001 502-541-009 502-541-010 502-541-011 HLAVAC JOSEPH A MALAMUD JUDITH ROTH IMOGENE T 1302 WAUGH DR#269 5562 CAMANITO CONSUELO 4014 GARDEN AVE HOUSTON,TX 77019 LA JOLLA, CA 92037 LOS ANGELES,CA 90039 502-541-012 502-541-013 502-541-014 MYERS JOFIN D CURATOLO STANLEY S RICKEN FLORENTINA V 177 HILLCREST WAY 17 PARK MIRAGE LN 672 S CALLE PETUNIA LAKE QUIVIRA,KS 66217 RANCHO MIRAGE,CA 92270 PALM SPRINGS,CA 92262 502-541-015 502-541-016 502-541-017 HAGEDORN EARL C NAY LESLIE C H BARTON THOMAS A 668 S CALLE PETUNIA 255 N EL CIELO RD#000234 187 E PASEO FLORIDO PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 502-541-018 502-541-019 502-541-020 1. ZACI-IMAN THOMAS A COPENHAVER DALLAS R SCOTT IOLPH M 185 E PASEO FLORIDO 183 E PASEO FLORIDO 255 Nxer CIELO RD# 140 PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92262 PI SPRINGS,CA 92262 -c°rP CF``- 502-541-021 "It 502-541-022 502-541-023 PALM SY 9S` SUNDIAL r PALM SPRINGS SHADOWS LTD HOMEO' ERSASSNINC PARTNERSHIP AQUA PALM SPRINGS 16721 ALE AVE#2ND 2533 N CARBON ST#4604 74140 EL PASEO#4 IRYfNF,CA 92606 CARBON CITY,NV 89706 PALM DESERT,CA 92260 502-541-024 502-541-025 502-541-026 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-027 502-541-028 502-541-029 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-030 502-541-031 502-541-032 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-033 502-541-034 502-541-035 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-036 502-541-037 502-541-038 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-039 502-541-040 502-541-041 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-042 502-541-043 502-541-044 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-045 502-541-046 502-541-047 PALM SPRINGS SHADOWS LTD AQUA PALM SPRINGS AQUA PALM SPRINGS PARTNERSHIP 74140 EL PASEO#4 74140 EL PASEO#4 2533 N CARBON ST#4604 CARBON CITY,NV 89706 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-048 502-541-049 502-541-050 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-051 502-541-052 502-541-053 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 502-541-054 502-541-055 502-541-056 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-057 502-541-058 502-541-059 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-060 502-541-061 502-541-062 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-063 502-541-064 502-541-065 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT,CA 92260 502-541-066 502-541-067 502-541-068 PALM SPRINGS SHADOWS LTD AQUA PALM SPRINGS AQUA PALM SPRINGS PARTNERSHIP 74140 EL PASEO#4 74140 EL PASEO#4 2533 N CARSON ST#4604 PALM DESERT,CA 92260 PALM DESERT,CA 92260 CARSON CITY,NV 89706 502-541-069 502-541-070 502-541-071 PALM SPRINGS SHADOWS LTD AQUA PALM SPRINGS AQUA PALM SPRINGS PARTNERSHIP 74140 EL PASEO#4 74140 EL PASEO#4 2533 N CARSON ST#4604 PALM DESERT,CA 92260 PALM DESERT,CA 92260 CARSON CITY,NV 89706 502-541-072 502-541-073 502-541-074 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT,CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 502-541-075 502-541-076 502-541-077 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 502-541-078 502-541-079 502-541-080 AQUA PALM SPRINGS AQUA PALM SPRINGS AQUA PALM SPRINGS 74140 EL PASEO#4 74140 EL PASEO#4 74140 EL PASEO#4 PALM DESERT, CA 92260 PALM DESERT,CA 92260 PALM DESERT, CA 92260 �lJj �lolfl� 502-541-081 AQUA PALM SPRINGS 74140 EL PASEO#4 PALM DESERT, CA 92260