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HomeMy WebLinkAbout2006-02-15 STAFF REPORTS 1C ,VALM S i2 U N c � t ��RORAIE�A+3V µ c.1 OR . CITY COUNCIL STAFF REPORT DATE: FEBRUARY 15, 2006 PUBLIC HEARING SUBJECT: MATTHEW PLACE CASE 5.1021 PLANNED DEVELOPMENT DISTRICT 303, TENTATIVE TRACT MAP 32826, SUBDIVIDING AN APPROXIMATELY 9.9-ACRE PARCEL INTO 58 RESIDENTIAL CONDOMINIUM UNITS AND TWO WATER QUALITY LOTS, AND PROJECT ARCHITECTURAL REVIEW FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed 9.9-acre project consisting of 58 gated, condominium town home units located in eight clusters around motor courts, with individual private yard areas, common areas that include access, guest parking, a drainage basin, flood control improvements, and approximately three acres of hillside area that will be conserved, 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 5.1021, PLANNED DEVELOPMENT DISTRICT 303, TENTATIVE TRACT MAP 32826, AND ARCHITECTURAL DESIGN, FOR MATTHEW PLACE, A GATED RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 58 RESIDENTIAL UNITS, COMMON AREAS, AND ASSOCIATED FLOOD CONTROL AND SITE IMPROVEMENTS, ALONG WITH A CONSERVATION AREA, ON A 9.9-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF MATTHEW DRIVE AT LINDEN DRIVE, SECTION 30, 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 303, FOR THE PROPERTY LOCATED y a (�- ITEM NO. ......» City Council Staff Report February 15,2006 -- Page 2 5.1021 PD-303,TTM 32826 SOUTH OF MATTHEW DRIVE, AT LINDEN DRIVE, SECTION 30, T4S, RSE, SBBM." STAFF ANALYSIS: On December 28, 2005, the project was reviewed by the Planning Commission which adopted a favorable recommendation to City Council (by a vote of 6-0-1 Absent). Pursuant to Section 94.03.00 (A) of the Zoning Code, a planned development district (PD) may be approved in lieu of a change of zone as specified in Section 94.07.00. The PD is needed for this project so that relief from several development standards can be achieved. The southwest corner of the WR2-zoned project abuts a single-family residential zone, and units would ordinarily be restricted to one story. However, there is only one single-family parcel, and it is already developed with a large garage in that area. The project proposes to drop the grade in that area, and the project will not be elevated higher than one story when viewed from off-site. Setbacks in some areas are about 24 feet instead of the required 25 feet, but it is not anticipated that there will be any impact on the neighboring property due to the location of the existing development. The project uses clustered, semi-attached housing around motor courts, and this varies From typical R2 standards that are geared to separations between apartment buildings. Seventeen of the 58 units will provide a single parking space within a tandem-sized garage, while the other 41 units will provide one garage space and one carport space. The number of guest parking spaces slightly exceeds that required in the R2 zone. The overall project coverage meets the 30-percent R2 limit in the developed portion of the site, and coverage drops to twenty percent when the entire site is considered. .Approximately three acres of hillside area will be conserved. Table 1: Comparison of Zoning Code Requirements and Proposed PD Standards R2 Zone Standards Pro osed Development Density 14.5 + DU/Acre Max. 5.8 + DU/Acre Lot Coverage 30% Maximum 20% Overall (Estimated) 30% (Est. Dev. Portion) Building Height 1-Story in SW Corner 2-Stories Overall 2-Stories Elsewhere (Development Style Multiple-Family Residential Townhome Clusters A more detailed analysis can be seen in the attached Planning Commission Staff (Report dated December 28, 2005. Findings in support of approving the proposed :subdivision are included in the attached draft resolution of approval. Pursuant to the California Environmental Quality Act, an Initial Study was cdndUcted 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 0002 I I I I I City Council Staff Report I February 15,2006 -- Page 3 5.1021 PD-303,TTM 32826 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. Craig . Ew!p,r,Al P omas Wilso Assistant City Manager Direct f-Plan, I Services David H. Ready, City ger ,Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Development Plans 4. Proposed PD Resolution and Map 5. Planning Commission Staff report 12/28/05 6. Planning Commission Minutes dated 12/28/05 (Excerpts) 7. Copy of Initial Study and Mitigated Negative Declaration 0063 Department of Planning Services W N E Vicinity Map `r w w Uj _ w m o0 p C7 t7 W � L o m SANTA ANA WAV ERLY DR ❑ � 3y_777 S'EMINOLE RD l W z J J p MATTHEW DR J �_ ❑ 1 = Site a CITY OF PALM SPRINGS CASE NO: 5.1021 PD-303 DESCRIPTION: Application for a proposed Planned TTM 32826 Development District, Tentative Tract Map, and the development of a 58-unit condominium complex located APPLICANT: Matthew Drive Place, LLC at 4455 Matthew Drive, Zone WR2, Section 30. APN: Tahiti Partners 681-110-065, 681-170-066, i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1021, PLANNED DEVELOPMENT DISTRICT 303, TENTATIVE TRACT MAP 32826, AND ARCHITECTURAL DESIGN, FOR MATTHEW PLACE, A I GATED RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 58 RESIDENTIAL UNITS, COMMON AREAS, AND ASSOCIATED FLOOD CONTROL AND SITE IMPROVEMENTS, ALONG WITH A CONSERVATION AREA, ON A 9.9-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF MATTHEW DRIVE AT LINDEN DRIVE, SECTION 30, T4S, RSE, SBBM. WHEREAS, Matthew Drive Place, 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 303; and WHEREAS, Matthew Drive Place, 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 32826; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1021, consisting of Planned Development District 303, Tentative Tract Map 32826, and project architectural approval was given in accordance with applicable law; and WHEREAS, on December 28, 2005, 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 5.1021 consisting of Planned Development District 303, I OW5 I Resolution No. Page 2 Tentative Tract Map 32826, and project architectural design; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1021; and WHEREAS, on February 15, 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 (MIND) 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, and therefore the City Council adopted a Mitigated Negative Declaration for the project. The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MIND reflects the City Councils 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 as well as the properties adjacent to the west side of the subject site. 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 six dwelling units per acre, although the site is heavily constrained by steep slopes, drainage .ways, and the need to detain on-site run-off. 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 0016E Resolution No. Page 3 Policies 3.6.1.a-d further set forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, of providing entry identities for units, and of avoiding box-like appearances. The proposed project consists of condominium units that are consistent with these policies because there are two 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 consistent with Policy 3.6.2 in that the proposed height is 24 feet. The proposed project is also consistent with Hillside Policy 5.4.4(b) because development is not proposed on the steeper southeast portions of the property. 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 portion of the property proposed for development contains approximately seven acres with an overall slope of less than three percent. The proposed development area abuts Matthew Drive, a public street, and all utilities are present at the street. The rear part of the proposed development abuts steeply sloped lands that are unlikely to be developed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. A planned development district is necessary to accommodate the proposed type of residential incorporating two-story structures adjacent to an R-1-A-H zone and flexible garage, tandem garage, and carport parking. This is a proper utilization of the planned development district mechanism, and is not likely to be detrimental to adjacent properties or residents because the R-1-A-H zone shares only about 200 feet of property line with the proposed project site, and the adjacent property with that zoning consists of steep slopes unsuitable for further development and a large existing garage, so that it is unlikely that there would be future development with which the proposed project would be incompatible with regard to height. The tandem parking garages apply to only seventeen of the 58 proposed units, and future project marketing could target purchasers whose needs are consistent with this approach. The standard of providing two covered parking spaces per unit rather than providing parking spaces based on the number of bedrooms, which would result in providing between 1.0 and 2.25 spaces per unit, is also consistent with a smaller, gated community.such -as is proposed with this project. Finally, the use of a motor court type of design with seven units provides greater flexibility than conventional R-2 zone standards, and reduces box-like designs per General Plan Policies 3.6.1.d. i Resolution No. Page 4 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 Tentative Tract Map is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property as well as the properties adjacent to the west side of the subject site. 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 six dwelling units per acre, although the site is heavily constrained by steep slopes, drainage ways, and the need to detain on-site run-off. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. The proposed project is also consistent with Hillside Policy 5.4.4(b) because development is not proposed on the steeper southeast portions of the property. 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 R-2 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. The proposed project differs from standard regulations only in regard to the height of buildings within 150 feet of a single-family zone, provision of per-unit rather than per-bedroom parking for a condominium project, and the use of short motor court clusters instead of larger buildings containing units. These differences provide design flexibility in providing the multiple-family housing type envisioned for the R-2 zone. C. The site is physically suited for this type of development. Although the project site includes areas with steep slopes and drainage ways, the project proposes development only on that portion of the site is nearly level and is out of the drainage way. The site contains approximately seven acres that have maximum slopes of approximately 1.5 percent, and contain an adequate developable area that are separated from ravines and steep slopes on the subject property. d. The site is physically suited for the proposed density of development. The proposed seven-acre development area of project site can accommodate 58 condominium units without significant grading, the site abuts an improved public UDC's Resolution No. Page 5 street 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, animal life, potential archaeological resources, geologic conditions, hydrology and water quality, and construction noise will be reduced to a level that is less than significant. Proposed mitigation measures include protection and conservation of wildlife habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects the development area while providing a water quality basin, 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. The design of the subdivision accommodates the existing and proposed drainage way. Section 4. The City Council adopts the Mitigated Negative Declaration for Case Number 5.1021 — PD-303, Tentative Tract Map 33826, and project architectural approval, and directs staff to file the associated Notice of Determination. Section 5. The City Council approves Case Number 5.1021 Tentative Tract Map 33826 and project architectural approval. ADOPTED, this 15th day of February, 2006. MAYOR ATTEST: City Clerk COD19 i 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 February 15, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A i Case No. 5.1021 — PD-303, TTM 32826 Matthew Drive Place, LLC South Side Of Matthew Drive At Linden Drive CONDITIONS OF APPROVAL February 15, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 'l. 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. <`?. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0866-B Tentative Tract Map 31525. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter 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 ©ail Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 2 to settle or 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. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted if required. ti. 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 112% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7'. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be. made. a 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 UM2 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 3 of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment B. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM III-1 Pursuant to the Fugitive Dust Control Ordinance (Chapter 8.5 of the Palm Springs Municipal Code, a Dust Control Plan shall be submitted to the City Engineer for approval, and which shall include, but not be limited to the following: A. 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. B. The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants whall be installed as soon as possible to maintain the ground cover and minimize blowsand. D. Grading activity shall be suspended when local winds exceed 25 miles per hour, and during the first and second smog alerts. E. Construction access roads shall be paved as soon as possible and cleaned after each workday. F. All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have two feet of freeboard. G. A short-term stabilization plan shall be included IR the plan for after hours and weekends. The applicant shall forward the 0013 i Conditions of Approval Case No. 6.1021 Tentative Tract Map 32826 Page 4 plan to the South Coast Air Quality Management District (SCAQMD) after approval. • MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. • MM III-3 The project proponent shall notify the SCAQMD within ten days of the completion of earth moving activities. • MM III-4 Construction signage in conformance with City standards shall be posted on Matthew Drive regarding the reporting of blowing dust on the site. • MM 111-5 Earth moving operations shall include a water application system while earth moving is active. • MM 111-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. • MM III-7 Construction access roads shall be paved as soon as possible and cleared after each workday. • MM IV-1 The applicant shall construct and eight-foot high perimeter fence on the northerly side of the flood control channel, to United States Fish and Wildlife Service (USFWS) specifications, to prevent sheep from entering the site. • MM IV-2 The land on the southerly side of the flood control channel shall be deeded to a conservation organization such as the Nature Conservancy, Mountains Conservancy, or similar entity, acceptable to the City, the California Department of Fish and Game (DFG), and the USFWS in conjunction with recordation of the first Final Map for the project. • MM IV-3 The applicant shall submit project landscaping plant palettes to a qualified biologist for review prior to submittal to the City for review and approval.. The biologist will provide the City with a written report on the plant palette, and recommend amendments if required to assure that all plants used on the site are non-toxic to sheep. • MM IV-4 No lighting of the hillsides adjacent to the project site shall be permitted at the project site. i Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 5 • MM IV-5 The applicant shall secure all required permitting from the DFG, the Regional Water Quality Control Board (RWQCB), and the United States Army Corps of Engineers (ACE) for all construction activities associated with the flood control channel traversing the project property. • MM IV-6 The applicant shall pay the mitigation fee in place at the time of issuance of building permit pursuant to the Coachella Valley Fringe- toed Lizard Habitat Conservation Plan if required. • MM V-1 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant finding shall be documented and presented to the State Historic Preservation Office, the United States Bureau of Indian Affairs, the Tribe, and the City, and resolved to their satisfaction. • MM VI-1 High-energy absorption protective fencing with steel wire ring nets shall be considered by the project geologist for installation upslope of the flood control channel. Plans for rock fall protection shall be submitted to the City Engineer for review and approval prior to issuance of any grading permit on the site. • MM VI-2 A combination of catchment basins and debris walls or fences shall be constructed between the toe of slope and the flood control channel. The catch basin shall be at least fifteen feet in width and seven feet in depth. The bottom of the basin shall utilize loosely compacted soils or gravel fills to absorb the energy of falling rocks. • MM VIII-1 The project applicant shall create on on-site retention or other facilities approved by the City Engineer that shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the On-Site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). • MM VI II-2 The developer shall submit flood control improvement plans to the Riverside County Flood Control and Water Conservation District (RCFC) for construction of Regional Storm Drain Lateral'41 C, along the easterly side of the property, which will be operated and maintained by RCFC. The proposed drainage channel shall be designed in accordance with the preliminary Hydraulic Analysis U0115 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 6 prepared by Gabel, Cook, and Associates, dated December 30, 2004. The design of Storm Drain Lateral 41C shall reduce flows onto Matthew Drive to the pre-development volume and velocity. Release of existing flows onto Matthew Drive shall be allowed, subject to confirmation by RCFC that the pre-development volume and velocity is maintained. The Storm Drain Lateral 41 C design shall be subject to the review and approval by RCFC. • MM XI-1 Construction activities shall be limited to the time 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. • MM XI-2 The perimeter wall on the western and northern property lines shall be installed no later than immediately following precise grading of the site. • 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. • 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 northeastern portion of the property, as far away from existing residential units as possible. • MM XI-6 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. • MM XI-7 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. 9i. 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. U0. i Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 7 CC&R's 10. 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 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. 11. 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 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. The final development plans shall be submitted in accordance with Section 94,03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 0101L7 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 8 Public Safety CFD 15. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 16. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color.. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning . Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and U013 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 9 type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 27. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building 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 Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. MATTHEW DRIVE 3. Construct a minium 45 feet wide new street intersection for the Main Entry with a centerline of the Main Entry located approximately 160 feet east of the centerline of Linden Way as shown on the approved site plan. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and an 8 .feet wide 00�1 .9 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 10 cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 4. The Main Entry gated entry design shown on the most current site plan/preliminary grading plan, dated December 14, 2004, and as shown on the Tentative Tract Map, is not approved. The Main Entry gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire Marshall. Minimum lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided for vehicles entering the development. A turn-around shall be provided for vehicles unable to enter the development. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 5. 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. 6. Construct a 24 feet wide driveway approach for the Secondary Entry in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Secondary Entry shall be located approximately 475 feet east of the centerline of Linden Way as shown on the approved site plan. 7'. The Secondary Entry shall be restricted to use by residents, and for use as an emergency access, in a manner acceptable to the Fire Marshall. 8. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the Emergency Access in accordance with City of Palm Springs Standard Drawing No. 212. 9. Construct a 15 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201; and construct a 6 inch thick concrete driveway with a centerline located approximately 75 feet west of the east property line, or as required by Riverside County Flood Control & Water Conservation District (RCFC). The driveway shall be restricted as access for RCFC only, and shall be gated and locked as required by RCFC. 10. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 11. All broken or off grade street improvements shall be repaired or replaced. Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 11 ON-SITE PRIVATE STREETS 12. Dedicate an easement extending over the private streets for public utility purposes, with the right of ingress and egress for emergency vehicles and personnel. 13. . Construct minimum 24 feet wide private streets with 6 inch barrier curb located 12 feet on each side of centerline. The 6 inch barrier curb may be replaced with wedge curb, mow strips or other approved street edge treatment in the private street courtyard areas, as necessary to convey street surface drainage of the on- site streets to the on-site drainage system. '14. Construct a Type B2 gutter, modified to 3 feet wide, along the centerline of the private streets, as well as spandrels and moss gutters necessary to convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with City of Palm Springs Standard Drawing No. 200. 15. Construct a minimum pavement section of 2Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The street section shall be inverted, in accordance with the typical sections shown on the approved site plan. 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. 16. Parking shall be prohibited along both sides of the private streets except for designated parking areas to maintain a 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. A Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. SANITARY SEWER 17. 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. 18. An on-site private sewer system shall be constructed to collect sewage from the development and connected to the existing public sewer system. $ewer 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 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 12 view of the on-site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral into the existing sewer main located in Matthew Drive and not to an existing manhole or with a new manhole. 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. GRADING '19. The applicant shall obtain approvals to perform off-site grading from the owner of the adjacent property identified as Parcel 3 of Parcel Map 28344 (recorded in Map Book 191, Page 6), and identified by Assessor's Parcel No. 681-170-065. Approvals shall include, but not be limited to, a right-of-entry and permanent slope easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney. Off-site approvals by the adjacent property owner shall be required prior to submittal of a grading plan for this development. 20. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering 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 Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@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. Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 13 The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of off-site approvals by the adjacent property owner to perform off-site grading on the adjoining property. 21. The Precise Grading and Paving Plan will not be accepted for review by the City Engineer unless all of the items identified for the first submittal are provided, including off-site approvals by the adjacent property owner to perform off-site grading on the adjoining property. 22. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 23. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 24. 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. 25. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 26. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 27. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all 0023 i Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 14 stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the On-Site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). Final retention basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in the Hydrology Report. :28. The applicant shall be responsible for construction of all required drainage improvements, including but not limited to catch basins and storm drain lines, for drainage of on-site streets into the on-site detention basin, as described in the On-site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). 29. The applicant shall install a drywell, or series of drywells, within the detention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (5-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 30. The on-site storm drain system shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 31. A drainage easement shall be reserved across that portion of the property to be used as an on-site detention basin, limiting its use for drainage purposes in perpetuity. The easement shall be offered to the City of Palm Springs on the final map, but the easement shall be rejected, requiring maintenance of the basin . by the Home Owners Association as provided by the Covenants, Conditions and Restrictions (CC&R's) required for this project. Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 15 32. Submit flood control improvement plans prepared by a Registered Civil Engineer to Riverside County Flood Control & Water Conservation District (RCFC) for construction of Storm Drain Lateral 41 C, along the easterly side of this property, which will be operated and maintained by RCFC. The flood control improvement plans shall be reviewed and approved by RCFC prior to approval of a grading plan and issuance of a grading permit by the City. The proposed drainage channel shall be designed in accordance with the preliminary Hydraulic Analysis prepared by Gabel, Cook, and Associates, dated December 30, 2004. The design of Storm Drain Lateral 41C shall reduce flows onto Matthew Drive to the pre-development volume and velocity. Release of existing flows onto Matthew Drive shall be allowed, subject to confirmation by RCFC that the pre- development volume and velocity is maintained. The Storm Drain Lateral 41C design shall be subject to the review and approval by RCFC. 33. The applicant shall obtain a drainage easement from the owner of the adjacent property identified as Parcel 10 of Parcel Map 16175 (recorded in Map Book 96, Page 37), and identified by Assessor's Parcel No. 681-170-026, as necessary to construct the Storm Drain Lateral 41C improvements, as identified in the preliminary Hydraulic Analysis prepared by Gabel, Cook, and Associates, dated December 30, 2004, and as required by Riverside County Flood Control & Water Conservation District (RCFC). The easement shall be obtained prior to approval of flood control improvement plans (if required by RCFC), or prior to final map approval. 34. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,522 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 35. The project is subject to drainage implementation fees, however, validated costs incurred by the applicant for design and construction of Storm Drain Lateral 41C may be credited toward the drainage fee otherwise due. In the event validated costs exceed the drainage implementation fee otherwise due, at the request of the applicant, the City may enter into a reimbursement agreement with the applicant for reimbursement of excess costs. Following completion and acceptance of the construction of Storm Drain Lateral 41 C by RCFC and the City Engineer, if reimbursement of excess costs is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Drainage Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Drainage Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Drainage Reimbursement Agreement with the City 'Couhcil, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Drainage Reimbursement Agreement. The Drainage 0025 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 16 Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this condition. :36. Portions of this property are identified within a 100-year flood zone, Zone AO (Depth 2), as identified by the current Federal Insurance Rate Map (FIRM). The applicant shall comply with all necessary Palm Springs Flood Hazard Ordinance requirements associated with this Flood Zone. 37. The applicant shall be required to submit an application and pertinent data to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including payment of required FEMA application fees, shall be submitted to the City for review and approval, prior to approval of a grading plan. 38. The applicant shall be required to construct flood control improvements, as identified and approved by the Federal Emergency Management Agency (FEMA) in its issuance of a Conditional Letter of Map Revision (CLOMR), and submit the necessary documentation and application materials to FEMA for its issuance of a formal Letter of Map Revision (LOMR), which must be received by the City prior to the issuance of a Certificate of Occupancy by the City for structures within the development. GENERAL 39. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 40. All proposed utility lines shall be installed underground. 41. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. X, i i Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 17 .42. 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 (Auto CAD drawing file) and DXF (Auto CAD 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. 43. 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. 44. 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. 45. 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 46. The Tentative Tract Map shows a proposed Lot Line Adjustment with the adjacent property identified as Parcel 3 of Parcel Map 28344 (recorded in Map Book 191, Page 6), and identified by Assessor's Parcel No. 681-170-065. The applicant shall submit an application for a Lot Line Adjustment to the Engineering Division prior to submittal of a final map for review and approval by the City Engineer. The Lot Line Adjustment shall be approved by the City and recorded prior to approval of a final map. 47. The applicant is advised that absent an approved Lot Line Adjustment between the subject property and the adjacent property, as shown on the Tentative Tract Map, the development is subject to re-evaluation by the Department of Planning Services, including, but not limited to, application for a new or revised Tentative Tract Map, and application for a new or revised Planned Development, at the discretion of the Director of Planning Services. 48. 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. An application for a Lot Line Adjustment with the adjacent property, as shown on the Tentative Tract 04� i Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 18 Map, shall be submitted with the Final Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 49. 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. 50. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC Ei1. Install a street name sign at the intersection of Matthew Drive and the Main Entry in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of each exit onto Matthew Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 53. 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. 54. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. �0-�7 L9 Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 19 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 'I. 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. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. 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,:er gineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the U0 Conditions of Approval Case No. 6.1021 Tentative Tract Map 32826 Page 20 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. 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:10-6: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. Conditions of Approval Case No. 5.1021 Tentative Tract Map 32826 Page 21 13. Fire Flow: The required fire flow for this project is 1500 gallons per minute. END OF CONDITIONS HAUSERSIPLAN\5.1021 PD-303 TTM 32826 MaBhow Place ResidenhaACity Council 2.15 061TTM 32826 COA-CC 2-15-06[2006-0126].doc IN THE CRY OF PALM SPRINGS, CALIFORNIA. 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T 1 rz LIE � t 9�ACRES— � J�mm lium�ixmAl�Ew i4y�m�n: PROPOEME 1 ❑❑❑pp I `L 1~[[ 6 {y 1 �pE A IANOSGAPE E/.SEMEXi ^ E. m PERINE]ER WALL W mn. u ur fC.fl 17 H. SAP 9 *— 1 PROPOBEO PMaa11O _ / �E%IST.PNA'T. p�xvA1 T 1m NB Tf- 'E}— Lti t } VjlP .y f Y `•/ wo..wK. m nrs�v IWPAPEO In aa(( rv, yr ® resin.K.xmXmo �w R ON FLOOD ZE "C' � 8 � ® P . 'l°1� Y� X Y NM iro J c EZ NO aevc f —'—'-MIN 1T MINA !1 t o,. � � m0�O� 91 ,�-`'o %����wi/s _ �� I ® � •mom � I MAROcc �� C daa.s ta��i Y ,I _—_ ^^ "^ s --J � e NNE LGFNII - E SVNIMr aGIf.114WIXAE 12'MIN 12'MIN. 10k20'POC SITE CARPMT:2 VICINf1Y P Mx M50Pra xMm xwmm amECIkN OF wsnrw[IMu2 MX IT.sOMX N ME OE,O�, FOMOTOR TrHrx agcuuTloN ENGINEERING F. ---.— r4 aA.rtMr axvf ru xm omuvnml•III,of P.srnxws xur �v�xscxvu _ �'nRnsv� —�.— oanw rrtn rrx rtA nm eefmAmi�ornlrt faro Yaen,u] Onl.w-,4v Eu f>nl av-f]4 .{L a� __ __________ _ - - " e e mmi qw �' e ----------- LOW 1IK�R ASi SQ R SLCpI�RMl y 5[CgrD RCCA S➢�.R. kp 5¢R I I - �I _ n b _ , HST ROJ/ PRSaRW0. RECEIVED ECT 14 2205 61angmg 1 On2�i PLANa4 4 PLAN5p3 PLAN 2 PLAN 1 iOfK bl1 SQ R. l.TA fl.W R MMl W R rOTu%L SR iT GMRM R. CANQ llf SQR T AU]Sa SQ R. "- t"V NAM CONCEPTUAL UNIT FLOOR PLANS Palrn Springs, California LGS ARCHITECTS, INC. TAMITI PARTNERS REAL ESTATE o/o5/zoos DEVELOPMENT CORPORATION �J r E.T. HIM .41 L _ _ em Kel ............... RMI IN IM-3-071 I :.Rji i I; I I RESOLUTION NO. AN RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 303, FOR THE PROPERTY LOCATED SOUTH OF MATTHEW DRIVE, AT LINDEN DRIVE, SECTION 30, T4S, RSE, SBBM. WHEREAS, Matthew Drive Place, 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 303; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1021, consisting of Planned Development District 303, Tentative Tract Map 32826, and project architectural approval was given in accordance with applicable law; and WHEREAS, on December 28, 2005, 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 nn accordance with CEQA; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5.1021 consisting of Planned Development District 303, Tentative Tract Map 32826, and project architectural design; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1021; and WHEREAS, on February 15, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. i Resolution No. j Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE I 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, and therefore the City Council adopted a Mitigated Negative Declaration for the project. The City Council independently reviewed and considered the information contained in the MIND prior to its review of this Project and the MND reflects the City Councils 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 as well as the properties adjacent to the west side of the subject site. 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 six dwelling units per acre, although the site is heavily constrained by steep slopes, drainage ways, and the need to detain on-site run-off. 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 set forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, of providing entry identities for units, and of avoiding box-like appearances. The proposed project consists of condominium units that are consistent with these policies because there are two 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 consistent with Policy 3.6.2 in that the proposed height is 24 feet. The proposed project is also consistent with Hillside Policy 5.4.4(b) because development is not proposed on the steeper southeast portions of the property. 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. 1 Resolution No. Page 3 The portion of the property proposed for development contains approximately seven acres with an overall slope of less than three percent. The proposed development area abuts Matthew Drive, a public street, and all utilities are present at the street. The rear part of the proposed development abuts steeply sloped lands that are unlikely to be developed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. A planned development district is necessary to accommodate the proposed type of residential incorporating two-story structures adjacent to an R-1-A-H zone and flexible garage, tandem garage, and carport parking. This is a proper utilization of the planned development district mechanism, and is not likely to be detrimental to adjacent properties or residents because the R-1-A-H zone shares only about 200 feet of property line with the proposed project site, and the adjacent property with that zoning consists of steep slopes unsuitable for further development and a large existing garage, so that it is unlikely that there would be future development with which the proposed project would be incompatible with regard to height. The tandem parking garages apply to only seventeen of the 58 proposed units, and future project marketing could target purchasers whose needs are consistent with this approach. The standard of providing two covered parking spaces per unit rather than providing parking spaces based on the number of bedrooms, which would result in providing between 1.0 and 2.25 spaces per unit, is also consistent with a smaller, gated community such as is proposed with this project. Finally, the use of a motor court type of design with seven units provides greater flexibility than conventional R-2 zone standards, and reduces box-like designs per General Plan Policies 3.6.1.d. Section 3. Pursuant to Section 94.07.00 of the Palm Springs Zoning Resolution, the official zoning map of the City of Palm Springs, referred to herein, is hereby amended to apply Planned Development District onto the proposed project site that is zoned WR2. The parcel of property legally shown on Exhibit A is approved for Planned Development District 303, specifically on the property located south of Matthew Drive, at Linden Drive, Section 30, T4S, R5E, SBBM on file in the Planning Services Department, Case 5.1021 - PD-303 and TTM 32826. i Resolution No. Page 4 ADOPTED, this day of 2006. MAYOR ATTEST: City Clerk i Resolution No. Page 5 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 15, 2006 and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 6 EXHIBIT A PROPOSED CHANGE OF ZONE: WR2 TO PD-303 � I I I Iz ---21L IJaf I I I _ f1a.TTHE'W DRIVE O � C7 yp V NOT TO SCALE q � tYT � A M 661-170-066 r� es w � N t� 0 a N89'46'03"w 693.68' ALM SA4 iy V N c *C ••OEA1E •A• 441FORN%P' Planning Commission Staff Report Date: December 28, 2005 Case No.: 5.1021 — PD-303, TTM 32826 Application Type: Preliminary Planned Development District, Tentative Tract Map, and Architectural Approval Location: 4455 Matthew Drive Applicant: Matthew Drive Place, LLC —Tahiti Partners Zone: W-R-2 (Watercourse Limited Multiple-Residential) General Plan: R-M15 (Residential Medium Density— 15/Acre) APN: 681-170-066 & 681-170-065 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Bernard Chase, AICP, Contract Planner (PROJECT DESCRIPTION The project consists of a Planned Development District (PDD) to establish design standards and guidelines for a proposed 58-unit condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow subdivision of the site for condominium purposes, and architectural approval is requested. The site would be accessed from Matthew Drive, with a primary access drive located approximately 120 feet east of Linden Drive, and a secondary access located approximately 450 feet east of Linden Drive. Both entries are proposed to be gated. The proposed project would be located on a 9.9-acre site bisected by a flood control channel running approximately from the center of the south property line, northeasterly to the northeast property corner. The project would include the extension of Riverside County Flood control facilities through the site, which would convey regional flows Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 2 of 12 across Matthew Drive to vacant properties to the north, which lead to additional conveyance facilities located at East Palm Canyon Drive. Lands to the north and west of the channel are proposed for development, and seven of the ten acres would be developed. The 58-unit condominium project is planned to have two story units. Amenities would include individual pools, landscaped common areas, and an on-site storm water retention area of approximately 0.25 acre. RECOMMENDATION That the Planning Commission recommend that the City Council approve the proposed application by Matthew Drive Place, LLC to develop a 58-unit condominium complex on an approximately ten-acre parcel according to Planned Development District standards by: 1. Adopting the Mitigated Negative Declaration for Case 5.1021 PD-303 and TTM 32826; 2. Adopting Planned Development District 303; 3. Conditionally approving Tentative Tract Map 32826 to subdivide approximately ten acres into 58 condominium units with common areas for access and parking, landscape areas, a water quality control basin, and on- and off-site water quality and flood control facilities; and 4. Approving the architectural design and landscaping for Case 5.1021. (BACKGROUND AND SETTING On January 10, 2005, the Architectural Advisory Committee considered the proposed architectural design and landscaping for the project, and recommended approval subject to the removal of pilasters between project perimeter wall sections. A copy of the Summary Report is attached. Pursuant to Section 94.03.00 (A) of the Zoning Code, a planned development district (PD) may be approved in lieu of a change of zone as specified in Section 94.07.00. The PD is needed for this project so that relief from several development standards can be achieved. First, the project proposes two-story dwelling units, but since the southwest corner of the property abuts the R-1-A-H zone, units within 150 feet of the property line would otherwise be limited to one story. The PD provides flexibility, particularly since parcels in excess of 30,000 square feet in size present the opportunity to consider the higher adjacent topography when measuring building height per the definition in the Zoning Code. Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 3 of 12 Second, this flexibility is also needed to allow specialized parking for the project to allow using a combination of attached garages, tandem garages, and carports for residences. Project plans show that 41 units (Plans 1, 2, and 3) have both garages and carports, and that 17 units (Plan 4) have garages with two tandem spaces. Third, the project proposed clusters of three individual units that are attached, with access in a double-loaded motor court, with a seventh freestanding unit at the end of the motor court. Access to rear yard areas is provided between the freestanding unit and the adjacent attached units. This differs from the standard separations provided for the R-2 zone because the motor courts are 24 feet in width and the R-2 requires 30-foot separations between rows of structures. The R-2 also requires that the rear yard access areas would be a full fifteen feet on both sides of the end units. The project site is located at the base of mountains lying to the south of East Palm Canyon Drive. The sides of the mountains come to the site's south property line, and occupy the southeast portion of the project site. A canyon is located south of the project site, and its drainage way crosses the site, exiting at the northeast corner of the site. Because of the potential for flooding from this drainage way, the Watercourse prefix is applied to the project site and the area north of Matthew Drive. To the north of the site, across Matthew Drive, are located an apartment project located at the northwest corner of Matthew Drive and Linden Drive, and vacant property immediately north and toward the northeast of the project site. To the east, on the south side of Matthew Drive, is a steep ridge that ends at Matthew Drive and forms the southeast portion of the project property. Further to the east are commercial uses. To the south of the site are mountainsides and a canyon. To the immediate west, closer to Matthew Drive, is a residence on property that is zoned R-2. Also on the west, adjacent Ito the southwest portion of the project property is a large, existing garage on property that is zoned R-1-AH. The residence and the garage are located on the same bench that is located on the south portion of the project property. Further to the west, on both Sides of Matthew Drive, are commercial and manufacturing uses at the intersection of Matthew Drive and Cherokee Way. Table 1: Surrounding land uses, General Plan and Zoning Designations Land Use General Plan Zoning E Vacant & Apartments RC Resort Commercial W-R-3 Vacant Hillside M15 Medium Residential W-R-2 and 0-20 Vacant Hillside M15 and C Conservation 0-20 Sinqle-Familv Residence M15 and GC Gen'I Comm'I R-2 and R-1-A-H ANALYSIS The project site is a gently sloping area located at the base steep hillsides on the south side of Matthew Drive. Although the southeast corner of the property has steep slopes, 3 O P� 3 Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 4 of 12 the portion of the site that is proposed for development has an overall slope of i approximately 2.7 percent. Currently, there is a bench on the south portion, and that bench results in two nearly flat areas with respective slopes of approximately 0.9 percent and 1.5 percent. The drainage area crosses the site from south to northeast, and drains a canyon area located south of the site. The project proposal is for 58 condominium town home units located in eight clusters around motor courts. Four of the clusters contain seven units, two clusters in the northeast portion of the site contain nine units, and one cluster contains six units. The eighth cluster, at the northeast corner of the development area arranged differently because of the shape of the property, the driveway and gate, and the on-site basin. Each cluster is separated from other clusters with small, individual yard areas. Although the units in each cluster are mostly attached, there is some transparency since four units in each cluster are attached only with carports and second floor covered decks. Plan 1 units are located at the inside end of each cluster, and are detached enough to allow access to rear yards. This access separation is one reason why this project does not conform to conventional standards that envision greater separations between rows or ends of larger buildings. When the project is viewed at a larger scale, the project offers some transparency when viewed from the street. While the project perimeter wall will reduce ground level transparency, the second-floor decks above carports and the rear yards of clusters will offer views of the mountainsides. These views will be very transparent at the project driveway gates, and the ridge extending to Matthew Drive on the east side of the property will be in full view from the street. When viewed from more distant locations, the development is likely to visually recede against the much larger backdrop of the mountains. 'The architecture is modern in character that has been described by the project architect as using cues of Desert Mid-Century Design. Each unit is two stories in height, with an average parapet height of approximately 21 feet, and a maximum height of 24 feet. This is the ordinary permitted height in the R-2 zone, although that zone limits heights to fifteen feet when within 150 feet of a single- family zone. The PD proposes the 24-foot height throughout the project, including the area near the R-1-A-H zone at the southwest side of the property. That R-1-A-H property includes steep slopes and has a large existing garage, and it is unlikely that an incompatibility would result from the added project height. The project supplies parking on a per unit basis, and provides two covered spaces per unit. The seventeen Plan 4 models use tandem garage spaces. Staff is concerned that tandem parking is generally prohibited in the City of Palm Springs Zoning Code Section . 93.06.00.(C).(6) Staff believes the Planning Commission should treat the units proposing tandem parking as having only one enclosed space.The covered spaces are otherwise composed of one garage space plus one carport space per unit. Although the 4 � Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&l7M 32826 Page 5 of 12 legend lists 34 carports, the plans show 41 carports. Project plans show eighteen guest spaces. This equates to approximately 0.31 guest spaces per unit, which is above the 0.25 ordinarily required in the R-2 zone. A comparison of Zoning Code requirements for the R-2 Limited Multiple residential zone with a W Watercourse prefix is seen on the following table. I Table 2: Com arison of Zoning Code Requirements and Proposed PD Standards Zoning Code Zoning Code Requirement Proposed PD Standard Section 92.03.01 (A)(2) Allows multiple-family projects Same 92.20.01 (A)(2) Allows development approved Same -R-2 Zone by City Engineer per 93.17.00 93.17.10 Flood Hazard Report required Required 93.17.11 (13)(1) Safety and no-adverse-effect Required for Implementation determinations required 92.20.03 Applies R-2 Standards (§92.03) and 93.17.00 Standards 92.03.03 A Minimum lot size: 20,000 SF 432,992 Square Feet SF 92.03.03 B 1 a Minimum lot width: 130 Feet Approximately 733 Feet 92.03.03 B 2 a Minimum lot depth: 150 Feet Approximately 608 Feet 92.03.03 (C) Maximum density: Minimum 3,000 SF/DU lot area 7,465+ SF/DU lot area or 14.5+ DU/Ac 5.8+ DU/Ac 134 DU Max thisproject) 58 DU thisproject) 92.03.03 (D) Max. Ht: 24 Feet, 2 Stories 24 Feet, 2 Stories At SW Corner: 15 Feet 1 Story 92.03.03E 1 Setbacks: 25 Feet at west PL 24 Feet + 92.03.03 (F) Building Separations: Less than 15 feet 92.04.03 (F) Adjacent & Parallel: 15 Feet Motor Court Unit Clusters O osite Driveways: 30 Feet Opposite Driveways: 24 Feet+ 92.03.03 (H) Access to Street Required Access via internal drives 93.05.00 B 92.03.03 (1) Parking: 1.00-2.25 per DU 2 per DU (Plan 4 tandem) 93.06.00 (D)(29)(b) Covered: 1+ per DU Covered: 2 per DU Guest: 0.25 per DU, 15 spaces Guest: 0.31 / DU, 18 spaces 92.03.03 (L) Coverage: 30% Maximum 20% Estimated 30% dev. por. REQUIRED FINDINGS As a development project, the proposal is subject to the findings established by the City of Palm Springs for Planned Development Districts (Section 94.02.00). Staff has reviewed the required findings for a Planned Development District; the analyses are as follows: 5 Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 6 of 12 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 as well as the properties adjacent to the west side of the subject site. 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 six dwelling units per acre, although the site is heavily constrained by steep slopes, drainage ways, and the need to detain on-site run-off. 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 set forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, of providing entry identities for units, and of avoiding box-like appearances. The proposed project consists of condominium units that are consistent with these policies because there are two 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 consistent with Policy 3.6.2 in that the proposed height is 24 feet. The proposed project is also consistent with Hillside Policy 5.4.4(b) because development is not proposed on the steeper southeast portions of the property. 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 portion of the property proposed for development contains approximately seven acres with an overall slope of less than three percent. The proposed development area abuts Matthew Drive, a public street, and all utilities are present at the street. The rear part of the proposed development abuts steeply sloped lands that are unlikely to be developed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. A planned development district is necessary to accommodate the proposed type of residential incorporating two-story structures adjacent to an R-1-A-H zone and flexible garage, tandem garage, and carport parking. This is a proper utilization of the planned development district mechanism, and is not likely to -"be detrimental to adjacent properties or residents because the R-1-A-H zone shares 6 Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 7 of 12 only about 200 feet of property line with the proposed project site, and the adjacent property with that zoning consists of steep slopes unsuitable for further development and a large existing garage, so that it is unlikely that there would be future development with which the proposed project would be incompatible with regard to height. The tandem parking garages apply to only seventeen of the 58 proposed units, and future project marketing could target purchasers whose needs are consistent with this approach. The standard of providing two covered parking spaces per unit rather than providing parking spaces based on the number of bedrooms, which would result in providing between 1.0 and 2.25 spaces per unit, is also consistent with a smaller, gated community such as is proposed with this project. Finally, the use of a motor court type of design with seven units provides greater flexibility than conventional R-2 zone standards, and reduces box-like designs per General Plan Policies 3.6.1.d. Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property as well as the properties adjacent to the west side of the subject site. 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 six dwelling units per acre, although the site is heavily constrained by steep slopes, drainage ways, and the need to detain on-site run-off. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. The proposed project is also consistent with Hillside Policy 5.4.4(b) because development is not proposed on the steeper southeast portions of the property. 1'). 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 R-2 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. The proposed project differs from standard regulations only in regard to the height of buildings within 150 feet of a single-family zone, provision of per-unit rather than per-bedroom parking for a condominium project, and the use of short motor court clusters instead of larger buildings containing units. These differences provide 7 0CViI7 Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 8 of 12 design flexibility in providing the multiple-family housing type envisioned for the R-2 zone. C. The site is physically suited for this type of development. Although the project site includes areas with steep slopes and drainage ways, the project proposes development only on that portion of the site is nearly level and is out of the drainage way. The site contains approximately seven acres that have maximum slopes of approximately 1.5 percent, and contain an adequate developable area that are separated from ravines and steep slopes on the subject property. d. The site is physically suited for the proposed density of development. The proposed seven-acre development area of project site can accommodate 58 condominium units without significant grading, the site abuts an improved public street 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, animal life, potential archaeological resources, geologic conditions, hydrology and water quality, and construction noise will be reduced to a level that is less than significant. Proposed mitigation measures include protection and conservation of wildlife habitats. f The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects the development area while providing a water quality basin, 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. The design of the subdivision accommodates the existing and proposed drainage way. 8 00 3 i I I Planning Commission Staff Report 12/28/05 iCase:5.1021-PD303&TTM 32826 Page 9 of 12 ENVIRONMENTAL CLEARANCE I Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared and a Notice of Intent to adopt a Mitigated Negative Declaration was sent to applicable agencies and published on December 5, 2005 in the Desert Sun for a 20-day review period. The Mitigated Negative Declaration is attached to this report. The Mitigated Negative Declaration found the environmental impacts of the proposed project to be less than significant with the following mitigations: MM III-1 Pursuant to the Fugitive Dust Control Ordinance (Chapter 8.5 of the Palm Springs Municipal Code, a Dust Control Plan shall be submitted to the City Engineer for approval, and which shall include, but not be limited to the following: A. 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. B. The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants whall be installed as soon as possible to maintain the ground cover and minimize blowsand. D. Grading activity shall be suspended when local winds exceed 25 miles per hour, and during the first and second smog alerts. E. Construction access roads shall be paved as soon as possible and Cleaned after each workday. F. All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have two feet of freeboard. G. A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to the South Coast Air Quality Management District (SCAQMD) after approval. NAM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. NAM III-3 The project proponent shall notify the SCAQMD within ten days'of the completion of earth moving activities. 9 0l i3 i Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 10 of 12 MM III-4 Construction signage in conformance with City standards shall be posted on Matthew Drive regarding the reporting of blowing dust on the site. MM III-5 Earth moving operations shall include a water application system while earth moving is active. MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. MM III-7 Construction access roads shall be paved as soon as possible and cleared after each workday. I MM IV-1 The applicant shall construct and eight-foot high perimeter fence on the northerly side of the flood control channel, to United States Fish and Wildlife Service (USFWS) specifications, to prevent sheep from entering the site. MM IV-2 The land on the southerly side of the flood control channel shall be deeded to a conservation organization such as the Nature Conservancy, Mountains Conservancy, or similar entity, acceptable to the City, the California Department of Fish and Game (DFG), and the USFWS in conjunction with recordation of the first Final Map for the project. MM IV-3 The applicant shall submit project landscaping plant palettes to a qualified biologist for review prior to submittal to the City for review and approval.. The biologist will provide the City with a written report on the plant palette, and recommend amendments if required to assure that all plants used on the site are non-toxic to sheep. MM IV-4 No lighting of the hillsides adjacent to the project site shall be permitted at the project site. MM IV-5 The applicant shall secure all required permitting from the DFG, the Regional Water Quality Control Board (RWQCB), and the United States Army Corps of E=ngineers (ACE) for all construction activities associated with the flood control channel traversing the project property. MM IV-6 (Renumbered from MM IV-7 because Initial Study MM IV-6 not applicable since covered by MM IV-2) The applicant shall pay the mitigation fee in place at the time of issuance of building permit pursuant to the Coachella Valley Fringe- toed Lizard Habitat Conservation Plan if required. MM V-1 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant finding shall be- documented and presented to the State Historic Preservation Office, the United-States Bureau of Indian Affairs, the Tribe, and the City, and resolved to their satisfaction. 10 00 Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 11 of 12 MM VI-1 High-energy absorption protective fencing with steel wire ring nets shall be considered by the project geologist for installation upslope of the flood control channel. Plans for rock fall protection shall be submitted to the City Engineer for review and approval prior to issuance of any grading permit on the site. MM VI-2 A combination of catchment basins and debris walls or fences shall be constructed between the toe of slope and the flood control channel. The catch basin shall be at least fifteen feet in width and seven feet in depth. The bottom of the basin shall utilize loosely compacted soils or gravel fills to absorb the energy of falling rocks. MM VIII-1 The project applicant shall create on on-site retention or other facilities approved by the City Engineer that shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the On-Site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). MM VIII-2 The developer shall submit flood control improvement plans to the Riverside County Flood Control and Water Conservation District (RCFC) for construction of Regional Storm Drain Lateral 41 C, along the easterly side of the property, which will be operated and maintained by RCFC. The proposed drainage channel shall be designed in accordance with the preliminary Hydraulic Analysis prepared by Gabel, Cook, and Associates, dated December 30, 2004. The design of Storm Drain Lateral 41C shall reduce flows onto Matthew Drive to the pre-development volume and velocity. Release of existing flows onto Matthew Drive shall be allowed, subject to confirmation by RCFC that the pre-development volume and velocity is maintained. The Storm Drain Lateral 41 C design shall be subject to the review and approval by RCFC. MM XI-1 Construction activities shall be limited to the time 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. MM XI-2 The perimeter wall on the western and northern property lines shall be installed no later than immediately following precise grading of the site. 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. RAM 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 northeastern portion of the property, as far away from existing residential units as possible. 11 5 V�t�l Planning Commission Staff Report 12/28/05 Case:5.1021-PD303&TTM 32826 Page 12 of 12 MM XI-6 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. MM XI-7 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. Ed rd O. k4Zdrtson ral ing, l� Principal Planner Di of PI ing Services ATTACHMENTS 1. Vicinity Map 2, Tentative Tract Map 32826 and Elevations 3. Draft Resolution / Conditions of Approval 4. Mitigated Negative Declaration HAUSERSTLAW.1021 PD-303 TTM 32826 Matthew Place Residentiak5.1021 PD-303 TTM 32826 12-28-05 Staff Report 2005-1215 docT -- - 12 CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES December 28, 2005 Council Chambers City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 6. Case 5.1021 PD 303 / TTM 32826 - An application by Matthew Drive Place, LLC — Tahiti Partners, for a proposed Planned Development District 303 and the development of a 58 unit condominium complex located at 4455 Matthew Place, Zone WR2, Section 30, APN 681-170-065 and 681-170-066. Contract Planner, Bernard Chase, gave a summary of the staff report dated December 28, 2005. He requested Environment Assessment Condition #8 MM IV-1 to be deleted. Senior Engineer Marcus Fuller, gave detailed information regarding the Flood Control District letter that was submitted. Chairman Hochanadel opened the Public Hearing. Geoffry Payne, Tahiti Partners, gave additional information and addressed concerns. There being no further comments, the Public Hearing was closed. Discussion was made regarding the tandem parking, driveway approaches and the width of streets. Commissioner Ringlein commented that she was pleased to hear about the 4 acres dedication of the nature conservancy and the park which will be open to the public. M/S/C (Hutcheson/Ringlein, 6-0, 1 absent/Marantz) to recommend adoption of the draft Mitigated Negative Declaration and approval of Case 5.1021 PD 303 and TTM 32826 to City Council; subject to Conditions of Approval; and delete Environmental Assessment Condition #8, MM IV-1. 00!7)3 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION MATTHEW PLACE RESIDENTIAL PROJECT LEAD AGENCY: The City Of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263 CONTACT PERSON: Edward Robertson; (760) 323-8245 PROJECT TITLE: Matthew Place Residential Project Case No. 5.1021-PD303 &TTM 32826 PROJECT LOCATION: The project site is located at 4455 and a portion of 4193 Matthew Drive in Palm Springs, California PROJECT DESCRIPTION: The project applicant has proposed to develop a 58-unit condominium complex located on a 9.9-acre site bisected by a flood control channel. Lands to the north and east of the channel are proposed for development and seven of the ten acre-site would be developed. The 58-unit condominium project is planned to have two story units, except in the southern end of the site, where single story units are proposed. Amenities would include individual pools, landscaped common areas, and an on-site storm water retention area of approximately 0.25 acre. The project would also include the extension of the Riverside County Flood control facilities through the site, which would convey regional flows across Matthew Drive to vacant properties to the north, which lead to additional conveyance facilities located at East Palm Canyon Drive. The site would be accessed from Matthew Drive, with a primary access drive located approximately 120 feet east of Linden Drive, and a secondary access located approximately 450 feet east of Linden Drive. Both entries are proposed to be gated. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that the project will have significant adverse impacts, but where mitigation measures exist and 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 December 5, 2005 through December 27, 2005 5 p.m. 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.oalm-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 December 28, 2005 Date: J Signature: Cr ' FA. win y Direc of Planning l MATTHEW PLACENNITIALSTUDYMEGATIVE DECLARATION Matthew Place Residential Project Mitigated Negative Declaration O* ?ALMS.* Prepared by A. r �2 v 1 The City of Palm Springs * * November 2005 ^ RPORATE0 V FO RNN 1.0-1 I MATTHE W PLACE/INITIAL STUDY/NEGATIVE DECLARATION I ENVIRONMENTAL CHECKLIST FORM I 1. Project title: Matthew Place I 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Edward Robertson Principal Planner (760) 323-8245 4. Project location: 4455 and a portion of 4193 Matthew Drive (APN 681-170-066 and a portion of 681-170-065), Section 30, Township 4 South, Range 5 East, S.B.M S. Project sponsor's name and address: City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 6. General plan designation: R-M15 (Residential Medium Density, 15 units per acre) 7. Zoning: W-R-2 (Watercourse Limited Multiple-Family Residential Zone) and 0-20 (Open Land Zones) A "W" watercourse zone classification symbol will be placed as a prefix before the zoning designation on all properties in the city of Palm Springs, which under present conditions fall within the one hundred (100) year floodway fringe and are, at present, subject to sporadic flooding and other hazards in the event of a one hundred (100) year flood as established by the adoption of Federal Emergency Management Agency (FEMA) flood maps. The R-2 zone is intended to provide for the development of medium-density multiple-family residential uses. The three (3) "0" zones (0, 0-5, 0-20) are intended to provide for areas of scenic beauty, areas reserved for parks, recreation, open space and governmental public uses, or in areas where a hazard to the public may exist. (Ord. 1294 (part), 1988) 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project consists of a Planned Development Permit (PD) to establish the design standards and guidelines for a 58-unit condominium project. In conjunction with the PD, a Tentative Tract Map has been filed to allow subdivision of the site for condominium purposes. The site would be accessed from Matthew Drive, with a primary access drive located approximately Matthew Place, Initial Study h'o vember 2005 1.0-2 O i MATTHE W PLACE/INITIAL STUDY/NEGATIVE DECLARATION 120 feet east of Linden Drive, and a secondary access located approximately 450 feet east of Linden Drive. Both entries are proposed to be gated. The proposed project would be located on a 9.9-acre site bisected by a flood control channel. Lands to the north and east of the channel are proposed for development and seven of the ten acre-site would be developed. The 58-unit condominium project is planned to have two story units, except in the southern end of the site, where single story units are proposed. Amenities would include individual pools, landscaped common areas, and an on-site storm water retention area of approximately 0.25 acre. The project would also include the extension of the Riverside County Flood control facilities through the site, which would convey regional flows across Matthew Drive to vacant properties to the north, which lead to additional conveyance facilities located at East Palm Canyon Drive. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North-Undeveloped parcel of land, Resort Commercial/R-3 Zone, Watercourse South-A hilly undeveloped area, Conservation/0-20 Zone East-Flood control channel, Neighborhood Convenience Center/0-20 Zone West-Two single-family residential properties. M-15, General Comercial/R-2, R-IAH, C-M Zone 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement). a. Riverside County Flood Control and Water Conservation District b. California Department of Fish and Game c. US Fish and Wildlife Service d. US Army Corps of Engineers e. Regional Water Quality Control Board Matthew Place,InitialStndy Novefnber2005 f.0-3 jIJ7 i MATTHEW PLACE/INITIALSTUDY/NEGATIVE DECLARATION Figure 1: Project Vicinity Map N �J L............ W E 1s r�Rsr 10 1 ¢ i ¢ 0 1 1 t I ...................... 1 F I 1 ! i N RAFAEL RO 1 ¢ 1 CO JET C LU9 I D i w S -111 MSTf CHINO i i TAC fEVAF DR Icity of Palm Springs Boundary ! .._.._.._.._.._.w.�.._«_.._�., EJO RD i 1 A 3 1 W i Z RA ON RD 1 O i ! z ttd ESOUI EAV o j PALM CAN ON R 4 ! < z ! 0 O c01I iu i a o c� ! 1'• oq i.l •:a._. m i a N i ................... 1 1 l I �1 1 1 1 ............ . MatthewP/ace,InitialStudy November2005 1.0-4 OKY MATT HEW PLACE/INITIALSTUDY/NEGATIVE DECLARATION Figure 2: Project Location Map a N U t J z z } WE .1 U.1 + z o �+. 1�11 J I W LCLG! SH_ypl WAVE RLY DR o Z p j SEMINOLE RD w m 4 z MAT THEW DR Site Matthew Place, Initial Study November 2005 1.0-5 0 )9 MATTEEWPLACE/INITIALSTUDY/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/ServiceSystems ❑ Mandatory F indings of S ignificance MlatthewPlace,/nitialStudy November 2005 1.0-6 MATTHEW PLACE/INITIAL STUDY/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. i ) a-3los 7nae Dat Ma tthe w Place, Initial Study November2005 1.0-7 00(A MATTHEW PLACEANITIAL STUDY/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. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063©(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. MlatthewPlace,tnitiatStudy November2005 1.0-8fa�( I MATTFIEW PLACEIINITIAL STUDY/NEGATIVE DECLARATION 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 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 Matthew Place, Initial Study Novemher2005 1.0-9 4�I 73 MATTHE W PLACE/INITIAL S TUDY/NEGATIVE DECLARATION Less Than - Significant Potentially "With Less Than -Significant' Mitigation Significant Impact Incorporated impact No Impact I. AESTWTICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ v is ta? 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? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? a-c) Less than Significant Impact. The proposed project site is relatively flat and would not adversely affect any scenic vistas. The site is currently vacant and surrounded by partially developed land. The project site is not visible from the north due to the flat terrain and intervening development. Views from the south of the site are of the slopes of the Santa Rosa Mountains, which rise steeply south of the subject property. The proposed project would not obstruct the views of a single home located at a slightly higher elevation and would not exceed the City's maximum height in the R-2 zone. Therefore, scenic impacts are considered to be less than significant. cl) Less than significant Impact. An increase in light and glare would occur as a result of the project being constructed on a currently vacant site. These impacts would be limited to landscaping and automobile headlights. The landscaping lighting would not create substantial light or glare and would conform to Section 93.21.00 of the City's Outdoor Lighting Standards. Lighting from automobile headlights would be limited since only 55 units are proposed, the lights are limited, and will be to a large extent blocked by structures onsite. Therefore, impacts to visual character, including light and glare, are considered to be less than significant. Ma tthe w Place, Initial Study November 2005 1.0-10 MATTFIEWPLACE/INITIALSTUDY/NEGATIVE DECLARATION ` - Less Than significant ',Potentially; With Less,Than S;ggificant, ' "Mitigation sgnificant - Impact-{ "Incoiporated 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 ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The proposed site is located in an area that does not contain prime, unique, or farmland of statewide importance.Therefore, no impact would occur. b) No Impact. No Williamson Act Contracts are located on the parcel comprising the project site. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site (Williamson Act Contracts) of the Palm Springs General Plan EIR (Palm Springs, 1992). Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project site is located in an urban area. Land next to the proposed project site is either vacant or partially developed. Implementation of the proposed project would therefore not result in conversion of farmland to non-agricultural uses. There will be no impact to agricultural land. Matthew Place, Initial Study November2005 1.0-11 00�5) MATTtfE W PLACE/INITIAL S TUDY/NEGATIVE DECLARATION Less-Than S ii;nificant Potentially, - With Les$Than Sgnificant Mitigation Sgnificant 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 El 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,e) No Impact. The project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCQAMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future; and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has met since 1992. The revision of the AQMP points to the urgent need of additional emissions reductions (beyond those incorporated in the 1997/99 Plan) from all sources, specifically those under the jurisdiction of the California Air Resources Board and the US EPA which account for approximately 80 percent of the ozone precursor emissions in the Basin (www.aqmd.gov/aqmp/). The proposed development would be to construct 58 single and two story condominium units. The project site is designated for the land uses proposed, and is therefore consistent with the City's General Plan. Residential development on the project site is consistent with the density envisioned in the General Plan, and in the regional air qualify planning undertaken by the SCAQMD. The project would not create odors that would affect a substantial number of people. Therefore, the project is not anticipated to conflict with or obstruct implementation of 2003 AQMP. There will be no impact. The Federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table 1 and described in detail below. MatthewP/ace, InitialStudy November2005 1.0-1 z 00r��, MATTMWPLACE/INITIALSTUDY/NEGATIVE DECLARATION TABLE 1 FEDERAL AND S TATE AMB IE N'T AIR QUALITY STANDARDS Pollutant Averaging Time Federal Primary Standard State Standard Ozone(03) 1-Hour 0.12 ppm 0.09 PPM 8-HOUR 0.08 ppm — Carbon Monoxide (CO) 8-Hour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppm Nitrogen Oxide(NO,) Annual 0.05 ppm — 1-Hour — 0.25 ppm Annual 0.03 ppm — Sulfur Dioxide(SO) 24-Hour 0.14 ppm 0.05 ppm 1-Hour — 0.5 ppm Annual 50 g/m' 30 g/m' PM 24-Hour 150 g/m' 50 g/m' Annual 15 g/m' — PM a.s 24-Hour 65 g/m' Lead 30-Day Avg. — 1.5 g/m' Month Avg. 1.5 gjm3 - Source: California Air Resources Board, 'Ambient Air Quality Standards,"January 25, 1999. ppm =parts per million g1m3 = Micrograms per Cubic Meter Ozone(0.) is the most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine Unlike other pollutants,ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons,known as ozone precursors,are combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the build-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter The most significant source of carbon monoxide is gasoline powered automobiles,as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides(NOx) the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including:high levels of fine particulate matter,poor visibility and acid deposition. ;Sulfur Dioxide(SO2) results from the combustion of high sulfur content fuels. Fuel combustion is the major source of S02, while chemical plants, sulfur recovery plants, and metal processing are minor contributors Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight S02 levels are generally higher in the winter than in the summer(when sunlight is plentiful and sulfate is more readily formed). Particulate Matter(PM10 and PM2.5) consists of particles in the atmosphere as a by-product of fuel combustion, through abrasion such as tire wear, and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PM10 refers to finely divided solids or liquids such as soot, dust,and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2.5 micrometers in diameter and are also referred to as PM2.5. Lead is found in old paints and coatings,plumbing and a variety of other materials. Once in the bloodstream, lead can cause damage to the brain,nervous system,and other body systems. Children are most susceptible to the effects of lead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. The SCQAMD has established significance thresholds for operational and construction-related emissions. Daily and quarterly thresholds are established. Since a project's quarterly emissions are determined by averaging over a 3-month period (including only actual working days), it is ' possible to not exceed the quarterly thresholds while exceeding the daily thresholds shown in Table 2. MatthewP/ace, InitialStudy November 2005 1.0-13 0 (°`7 MATTHEW PLACE/INITIALSTUDY/NEGATIVE DECLARATION TABLE 2 EMISSIONS SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY) Pollutant COS';- ', . kbG NO, so PM," Operational Emissions Pounds/Day 550 55 55 150 150 Construction Emissions Pounds/Day 550 75 100 150 150 Source: SCQAMD,CEQA Air Quality Handbook,November 1993 Projects in the Coachella Valley with peak (highest daily) operation-related emissions that exceed any of these emissions thresholds should be considered significant. b,c) Less Than Significant With Mitigation Incorporated The air quality at the project site will be affected by two primary sources: particulate matter generated by construction, and emissions from vehicles traveling to and from the site. The potential impacts associated with the former will be primarily ternporary,while the latter will generate long-term operational impacts. The proposed project will disturb 10 acres of land. Based on the SCAQMD factors for the generation of fugitive dust, Table III-2 depicts the potential dust to be generated at the project site during construction, without mitigation. Table III-2 Calculations of Fugitive Dust Potential Total Acres to be Factor Total Potential Dust Disturbed at Buildout (lbs./day/acre) Generation(lbs./day) 7 26.4 184.8 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,April 1993. Based on the Table, dust associated with project grading is expected to exceed 184 pounds per day. The City's requirements for PM10 management will be strictly enforced. The project proponent will be required to submit a PM10 Management Plan, which will include requirements such as site watering, soil stabilization, tire washing and other measures to assure that impacts associated with dust generation at the project site are reduced below SCAQMD thresholds. The equipment used during the grading of the site will result in emissions of pollutants. Estimates have been prepared of the type of equipment likely to be required for the proposed project grading.The potential impacts associated with this equipment are depicted in Table III-3, below. As shown, grading equipment activities are not expected to exceed SCAQMD thresholds of significance. Matthew Place,InitialStody November2005 1.0-14 00(713 i 1 MAM E W PLACE/INITIAL S TUDY/NE GATIVE DECLARATION I Table III-3 Grading Equipment Emissions - Diesel powered (pounds per day) Equipment Pieces hrs/day CO ROC NOx Sox PM10 Trucks- Off-Highway 1 8 14.400 1.520 33.360 3.600 2.080 Tracked Loader 1 8 1.608 0.760 6.640 0.608 0.472 Scraper 1 8 10.000 2.160 30.720 3.680 3.280 Motor Grader 1 1.208 0.312 5.704 0.688 0.488 8 Miscellaneous 1 8 5.400 1.20013.600 1.144 1.120 Total: 32.62 5.95 90.02 9.72 7.44 ;iCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 The following mitigation measures would be implemented to reduce impacts to a less than significant level: Mitigations Measures MM 111.1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal Code) requires a Dust Control plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the following: A. 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. B. The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space 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 blowsand. D. Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts. E. Construction access roads shall be paved as soon as possible and cleaned after each workday. Matthew Place, Initial Study November 2005 1.0-15 MATTHEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION F. All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. G. A short-term stabilization plan shall be included in the plan for after hours and weekends.The applicant shall forward the plan to SCAQMD after approval. MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. /AM III-3 The City shall notify the SCAQMD within 10 days of the completion of earth moving activities. AAM III-4 Construction signage in conformance with City standards shall be posted on Matthew Drive regarding the reporting of blowing dust on the site. MM III-5 Earth moving operations shall include a wafer application system while earth moving is active. AAM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. MM-III-7 Construction access roads shall be paved as soon as possible and cleared after each workday. d) Less Than Significant Once constructed, the proposed project will generate pollutants from vehicular trips associated with the residents' activities during the day. The project will result in a total of up to 375 average daily trips'. This calculation is conservative, because at the time of preparation of the Traffic Study, 64 units were planned. The resulting emissions, therefore, are expected to be less than those depicted in Table III-4, below. Table III-4 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip dotal Total No. Vehicle Trips/Day Length (miles) miles/day 335 x 15 = 5,025 Pollutant ROC CO NO PMIG PMIG PM10 "City of Palm Springs Matthew Place Traffic Impact Analysis," prepared by Kunzman Associated, October 2004. Please note that the project was estimated at the time to result in 64 dwelling units.The units have been reduced since that time. Matthew Place, InitialSfudy November2005 1.0.16 001�19 MATTM W PLACE/INITIAL STUDYMEGATIVE DECLARATION Exhaust Tire Wear Brake Wear (Pounds at 40 mph 25.62 3.77 0.11 0.11 1.22 SCAQMD Thresholds 75.00 550.00 100.00 150.00 Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75"F, light duty autos, catalytic. As shown in the Table, impacts associated with operation of the project at buildout are not expected to exceed SCAQMD thresholds of significance. The air quality impacts associated with mobile source emissions generated by the proposed project are therefore expected to be less than significant. Matthew Place,Initial Study November 2005 1.0-17 L) no"9� MAMEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant " Poten'tially, .Nhflr" 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? r_) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ to, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ ®, preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El El ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a) Less Than Significant With Mitigation Incorporated. The project will 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. Development of the project site will eliminate naturally occurring habitat on the project site. Although project landscaping may provide forage or habitat for certain common species, the site will no longer include Sonoran Desert habitat. The development of the site has the potential to impact Palm Springs Round-tailed Ground Squirrel. The Ground Squirrel may occur on the site, as the biologist found burrows, which may be appropriate for the species. Development of the site will result in ground M3tthewPlace, Initial Study November 2005 �"'-+�o-�1 1.0-18 MATTHEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION disturbance, which will eliminate the burrows identified during the site surveys. The development of the site also has the potential to impact Peninsular Bighorn Sheep. The slopes immediately adjacent to the flood control channel, and within the project site are designated critical habitat for Bighorn Sheep. However, no development is planned as part of the proposed project above the toe of slope, in the area identified as critical habitat for the species. If the Ground Squirrel occupies burrows, this will represent a potentially significant impact. In order to lower the potential impacts associated with biological resources to less than significant levels, the following mitigation measures shall be implemented: Mitigation Measures MM IV-1 The applicant shall construct an 8-foot high perimeter fence on the north side of the flood control channel, to USFWS specifications, to prevent sheep from entering the site. MM IV-2 The land on the south side of the flood control channel shall be deeded to a conservation organization (such as the Nature Conservancy, Mountains Conservancy, or similar) acceptable to the City, the California Department of Fish and Game, and the US Fish and Wildlife Service in conjunction with recordation of the first Final Map for the project. MM IV-3 The applicant shall submit project landscaping plant palettes to a qualified biologist for review prior to submittal to the City for review and approval. The biologist will provide the City with a written report on the plant palette, and recommend amendments if required to assure that all plants used on the site are non-toxic to sheep. MM IV-4 No lighting of the hillsides adjacent to the project site shall be permitted. MM IV-5 The applicant shall secure all required permitting from the California Department of Fish and Game, the Regional Water Quality Control Board, and the US Army Corps of Engineers for all construction activities within the flood control channel along the south and east property lines. MM IV-6 Lands to the south and east of the flood control channel shall be conserved as open space. Lands can be conveyed to the City for open space preservation, or can be secured through the recordation of a conservation easement on the property. MM IV-7 The applicant shall pay the mitigation fee in place at the time of issuance of building permits pursuant to the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. b) Less Than Significant Impact. The proposed project site does not include wetlands, but the channel is a blue-line stream, and there will be discharge into waters of the United States. The improvements in the flood control channel will require review by the California MatthewPlace, Initial Study Novetnber2005 r 1.0.19 ��i � i I MATTHEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION Department of Fish and Game, and the US Army Corps of Engineers, which will issue permits under their jurisdiction for the proposed improvements. Therefore, this will be a less than significant impact. c) No Impact. The site does not contain any wetland areas. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) No Impact. The project area is primarily undeveloped but has been disturbed and does not contain any migration corridors or waterways. Therefore, no migratory patterns of fish or wildlife would be impacted by this project and no impact would occur. e) No Impact. The project site is undeveloped; clearing the site would not require removal or disturbance of sensitive biological resources or landmark trees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) No Impact. The City of Palm Springs does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, the project would have no impact on these types of plans. Matthew Place, Initial Study November 2005 1.0-20 MATTHEW PLACE/INITIAL STUDY/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 Elsignificance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the El ® El El of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique ❑ El Elpaleontological resource or site or unique geolog ica I feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? o,c) No Impact. A cultural resource analysis preformed by CRM Tech (December 2003) found that the property lies in an area traditionally occupied by the Cahuilla people. The site is vacant, and has been significantly disturbed by illegal dumping. The absence of cultural resources on the site, based on the study will not result in an adverse change to a historical resource, or directly or indirectly destroy a unique paleontological resource. Therefore, no impact would occur. b) Less Than Significant With Mitigation Incorporated The study preformed by CRM Tech (December 2003) found that the potential exists for buried resources to be uncovered during grading and excavation. In order to assure that such resources are not significantly impacted, a mitigation measure has been included. Implementation of this mitigation measure will assure that potential impacts to cultural resources are reduced to less than significant levels. Mitigation Measure MIA V-1 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. d) No Impact. The proposed project would be subject to State law regarding the discovery and disturbance of human remains. It is not anticipated that any human remains will be encountered during construction of the proposed project because the site and surrounding area have been previously disturbed to accommodate development. However, should any previously unidentified or unanticipated human remains be discovered during project construction, the City of Palm Springs requires mitigation consistent with the General Plan Archaeological and Paleontological Policy. Matthew Place,Initial Study November,, aP5, 1.0-21 U ,' MATTHE W PLACE/INITIAL S TUDY/NEGATIVE DECLARATION ,. .. Less Than . Significant - - Potentially With Less Than " S,ignificant Mitigation Significant Impact Incorporated Impact' No Impact VI. GE OL OGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? iv) Lands lides? ❑ ® ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ El ® ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ® ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ El systems where sewers are not available for the disposal of wastewater? a) i) Less Than Significant. The site is not located within an Alquist-Priolo earthquake hazard zone and there are no known faults crossing or in the vicinity of the project site. However, the project site, as with virtually all sites within the state, would be vulnerable to ground shaking in the event of an earthquake. The project site and surrounding vicinity are relatively flat eliminating the potential for landslides. The City of Palm Springs General Plan requires that the project be designed and constructed in accordance with the requirements of the Uniform Building Code (UBC). Adherence to the provisions of the . UBC would reduce potential for structural damage in the event of an earthquake. Therefore, a less than significant impact would occur. Matthew Place, InitialStady November 2005 1.0-22 a•a� MATTHE W PLACEANITIAL S TUDY/NE GATIVE DECLARATION ii) Less than Significant Impact. Any major earthquake damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural failures. Local soil conditions, such as topography, soil strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Seismically induced shaking and some damage should be expected to occur but damage should be no more severe in the project area than elsewhere in the region. Therefore, this impact is considered less than significant. iii) No impact. The project site is not located in an area subject to liquefaction, because the depth to groundwater in the City generally exceeds 50 feet. There are no known geological hazards caused by ground failure or liquefaction, which would prevent use of the site. Therefore, no impact would occur. iv) Less Than Significant With Mitigation Incorporated. The site has a high potential for rock fall hazards, due to the proximity of the slopes to the south and east of the site. Rock fall impacts would occur on the south side of the flood control channel, and are unlikely residential units within the site.The following mitigation measures were prepared by Earth Systems Southwest (2003) to reduce the impact. Mitigation Measures MIA VI-1 High-energy absorption protective fencing with steel wire ring nets shall be considered by the project geologist for installation upslope of the flood control channel. Plans for rock fall protection shall be submitted to the City Engineer for review and approval prior to issuance of any grading permit on the site. MM VI-2 A combination of catchment basins and debris walls or fences shall be constructed between the toe of slope and the flood control channel. The catch basin shall be at least 15 feet wide and 7 feet deep. The bottom of the basin shall utilize loosely compacted soils or gravel fills to absorb the energy of falling rocks. b) Less than Significant Impact. Some soil erosion is expected during construction, but loss of topsoil is not a significant issue. Soil erosion due to water will be a required component of the erosion control plans required by the City in conjunction with the grading permit for the project. The City's standards for the control of erosion during construction will be applied to the project. The impacts associated with water erosion will be less than significant. The impacts associated with wind erosion during construction are addressed under Air Quality, above. c) Less Than Significant Impact. See items a and b above d) No Impact Soils on the site are sands and silty sands of the Coachella and Myoma soil types. These soils have a very low potential for expansion, as defined in the California Building Code. Therefore, no impact would occur. e) No Impact. The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. The proposed project site is located in a developed, urban area currently served by the City of Palm Springs wastewater disposal system. Therefore, no impact would occur. MatlhewPlace, Initial Study November 2005 1.0-23i r r MATTliEWPLACE/INITIALSTUDY/NEGATIVE DECLARATION .. - .. Less Than - Significant ` Potentially _ _ With Less Than „Significant, Mitigation. Sgnificant 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 ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §659625 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 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 res iding or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a,b) No Impact. The proposed project site is currently vacant. The subject property is not included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5, nor is it known to have previously been a hazardous materials site. Therefore, the proposed project is not expected to create a significant hazard to the public or the environment. The proposed residential development will not generate Matthew Place, Initial Study November 2005 1.0-24 ��i.. MATTWW PLACE/INITIAL STUDY/NEGATIVE DECLARATION significant hazardous materials. The City, in conjunction with its solid waste franchisee, implements programs for the proper use and disposal of household hazardous waste, including the "ABOP" facility which operates adjacent to the airport. Therefore, no impact would occur. c-d) No Impact. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impact would occur. e-f) No Impact. The project site is located about 2 miles from the Palm Springs International Airport. The project site is not located in the vicinity of a private airstrip. Therefore no impact to people working or residing in the area would occur. g) No Impact. The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological incidents. The Plan focuses on operational concepts relative to large- scale disasters, which can pose major threats to life and property requiring unusual emergency responses. Therefore, no impact is anticipated. h) No Impact. Based on the site's location in an urban area and sparse vegetation, it would not be subject to wildland fire. No impact would occur. Matthew Place, Initial Study November�?005- 1.0-25 MATTHEW PLACEANITIAL STUDY/NEGATIVE DECLARATION Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion orsiltation on- or off-s ite? 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 stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? hJ Place within a 100-year flood hazard area structures that 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 byseiche, tsunami or mudflow? Matthew Place, Initial Study November2005 ,..r,� 1.0-26 (��F71 719 'Less Than . _ Significadt P6Wntially, :With :Les Than : Significant ' , .Mitigation *nificant Impact .Incorporated Impact No Impact ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ j Less than Significant Impact. The proposed project would add 58 units to the City of Palm Springs. This would increase the amount of impervious surface in the area by adding structures, asphalt and concrete to a previously vacant lot. The additional drainage from this project would not have any significant impact on water quality or MATTI E W PLACE/INITIAL S TUDY/NEGATIVE DECLARATION discharge pollutants into the water system nor result in violations of existing requirements. The project would be required to meet all applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. Therefore, this impact is considered less than significant. b) Less than Significant Impact. Implementation of the proposed project would incrementally increase groundwater consumption, but would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. The proposed use is consistent with the General Plan land use designation assumed in preparation of the water demand as part of buildout of the General Plan. Therefore, a net deficit in aquifer volume or a lowering of the local groundwater table is not anticipated and this impact is considered less than significant. c-e) Less than Significant Impact with Mitigation Incorporated. The project would alter the course of a stream or river as the site is located in a floodplain. The project would involve construction of impervious surfaces (homes, driveways, streets) on a site that is currently vacant. This would change the drainage of the site decreasing absorption rates and increasing run-off in the area, which has to potential to flood. The RWQCB would require a construction activity Storm Water General Permit. The project would connect to the City of Palm Springs storm water system. To reduce these impacts the following mitigation measure has been required by the City Engineer: Mitigation Measures MM VIII-1 The project applicant shall create an On-site retention or other facilities approved by the City Engineer that shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the On-Site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). Implementation of the measure would reduce the impact to less than significant. f) Less than Significant Impact. No additional impacts to water quality are anticipated and with implementation of MM VIII-1 the proposed project would not substantially degrade water quality. Therefore, a less than significant impact would occur. g-h) Less than Significant Impact With Mitigation Incorporated. Portions of the proposed project site are identified within a 100-year flood zone, Zone AO (Depth 2), as identified by the current Federal Insurance Rate Map (FIRM). The developer must comply with all necessary Palm Springs Flood Hazard Ordinance requirements associated with this Flood Zone. The developer would be required to construct flood control improvements, as identified and approved by the Federal Emergency Management Agency (FEMA) in its issuance of a Conditional Letter of Map Revision (CLOMR), and submit the necessary documentation and application materials to FEMA for its issuance of a formal Letter of Map Revision (LOMR). The developer would also be required to submit an application and pertinent data to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). To reduce these impacts the following mitigation measure along with the requirements discussed would be required: Matthew Place, Initial S tudy November 2005 1.0-27 e",�- " MATTHEW PLACEANITIAL STUDY/NEGATIVE DECLARATION Mitigation Measures MM VIII-2 The developer will be required to submit flood control improvement plans to Riverside County Flood Control & Water Conservation District (RCFC) for construction of Regional Storm Drain Lateral 41 C, along the easterly side of the property, which will be operated and maintained by RCFC. The proposed drainage channel shall be designed in accordance with the preliminary Hydraulic Analysis prepared by Gabel, Cook, and Associates, dated December 30, 2004. The design of Storm Drain Lateral 41 C shall reduce flows onto Matthew Drive to the pre-development volume and velocity. Release of existing flows onto Matthew Drive shall be allowed,subject to confirmation by RCFC that the pre-development volume and velocity is maintained. The Storm Drain Lateral 41 C design shall be subject to the review and approval by RCFC. Implementation of the mitigation measure would reduce these impacts to less than significant. i) No Impact. The Palm Springs Environmental Impact Report does not identify flooding as a result of levee or dam failure as having a potential to expose people or structures to a significant risk of loss injury or death in City of Palm Springs. Therefore, no impact would occur. D No Impact. The City of Palm Springs is not located in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. Matthew Place, InitialSfudy November2005 1.0-28 MATTI-IE W PLACEANITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Pot6tially_ 'With Less Than Sgnificant` Mitigation Significant 'Innpact . Inci4porate& 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 ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation El El Elplan or natural community conservation plan? a) No impact. The project would not divide an established community since the project site is currently vacant as is most of the surrounding land and no impact would occur. b) No Impact. The proposed project would result in 58 condominiums on approximately 7 acres. The proposed project is consistent with the General Plan and Zoning Ordinance. The Planned Development Permit will be processed to address any development standard changes for the project. Therefore, no impact would occur. c) No Impact. The project area is within the limits of the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan, and will be subject to the fees associated with that Plan at the time of building permit issuance.Therefore, no impact would occur. Matthew Place,Initial Study Novemher2005 1.0-29 ofn1­14 MATTHEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION `. Less Than Sgnmcant` Potentially ,' ` With .Less Than Sgmficant :Mitigation Significant Impact Incorporated Impact. No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 1992) identified any mineral resources in the planning area.Therefore, no impact to mineral resources would occur. AlatthewPlace, Initial Study Alovember 2005 1.0-30 MATTHE W PLACEANITIAL STuDY/NEGATIVE DECLARATION Less Than Significant Potentiatty 1. 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 local ❑ ❑ ® ❑ general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ® ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ® ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ® ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) Fora project within the vicinity of a private airstrip, would the project expose people residing or ❑ ❑ ❑ working in the project area to excessive noise leve Is? a,b) Less than significant. Construction of the project may subject surrounding residents to temporary noise elevations and ground vibration. A noise impact analysis was conducted by Urban Crossroads (2004).The analysis considered the City's requirements for 65 dBA CNEL for exterior noise levels for residential areas, and interior standard of 45 dBA CNEL, the surrounding existing and planned improvements, and the potential increases in noise levels.The study concluded that the noise levels on Matthew Drive, after buildout of the proposed project,would continue to be below the General Plan standards. Therefore, these impacts are considered to be less than significant. c) Less than Significant. Following construction, noise levels on the project site would increase in association with the proposed 58-unit condominium complex. Noise generated would be typical of a residential development and include traffic noise. While overall ambient noise levels would increase as a result of the project, the proposed residential uses are not anticipated to exceed any applicable noise standards. The analysis conducted by Urban Crossroads (2004) concluded that the six-foot perimeter wall proposed for the project would assure that the residential units closest to Matthew Drive would experience interior and exterior noise levels well within the City standard.The proposed project would not be exposed to excessive noise from neighboring uses. Therefore, this impact is considered less than significant. MatthewP/ace, Initial Study Novernber2005 1.0-31 00 +Is I MATTWW PLACE/INITIAL STUDY/NEGATIVE DECLARATION d) Less Than Significant With Mitigation Incorporated The noise environment on and adjacent to the site is currently quiet.The primary source of noise in the area is traffic.The site would experience elevated noise levels during the construction process.These noise levels would be temporary and periodic.There is a single family home that borders the site to the west as well as an apartment complex that is located at the corner of Linden Drive and Matthew Drive. Both of these units are considered sensitive receptors.The distance and limited exposure will reduce noise impacts to the apartment complex, but impacts to the single family home could be significant without mitigation. In order to reduce construction noise to adjacent sensitive receptors to less than significant levels, the following mitigation measures shall be implemented. Mitigation Measures MM XI-1 Construction activities shall be limited to 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. MM XI-1 The perimeter wall on the western and northern property lines shall be installed immediately following precise grading of the site, if not sooner. 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. 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 northeastern portion of the property, as far away from existing residential units as possible. MM XI-6 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. JAM XI-7 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. e-f) No Impact. The project site is located well outside the 60 dba noise contour for the Palm Springs International Airport, and will therefore not be impacted by air traffic. The project site is not located within any of the clear, approach/departure and overflight zones for the Palm Springs Airport facility.Therefore, no impact would occur. Alatthew P/ace, Initial Study No vember 2005 1.0-32 MATTHEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION . .Less Tkan 'S,gnitiaant Potentially With Less Than .Significant -Mitgation- Significant linpact;,- Inc orpbmted, ,Impact No Impact XII. 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 ® El or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ El housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) Less Than Significant The proposed project includes a 58-unit condominium complex built on a vacant, undeveloped piece of land. The project will induce growth, although 58 units (58 units x 2 persons per household would increase the local population by 1 16 persons) is not a substantial increase to the population. The project is consistent with the land use designation and surrounded by residential developments. Extension of the Riverside County Flood Control facility would be constructed through the site, which will convey regional flows across Matthew Drive to vacant properties to the north, which lead to additional conveyance facilities located at East Palm Canyon Drive. Therefore, a less than significant impact would occur b,c) No Impact. The existing project site is an undeveloped, vacant piece of land surrounded primarily by existing residential developments and vacant lands. Therefore, no existing permanent residents or housing would be displaced to accommodate the proposed project. Therefore, no impact on existing housing or people would occur. Matthew Place, Initial Study November2005 1.0-33 �Iry n MATTHE W PLACEANITIAL S TUDY/NE GATIVE 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 City's existing public safety and recreation services, including police protection, criminal justice, fire protection, ambulance, library, cultural services and other safety services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. The applicant shall agree to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district.Therefore, a less than significant impact would occur. b) Less Than Significant Impact. The project would add approximately 116 new residents (58 units x 2 persons per household), which would result in an increased demand for police protection. The City strives to maintain a staffing/population ratio of 1:1,500. Increased demand for police services have lead the City to form an Assessment District to provide additional funding to the police department. Prior to approval of tentative tract map entitlements, the project will be reviewed by the Police Department and conditions for necessary law enforcement requirements will be identified. Therefore, impacts to police protection are considered less than significant. c) Less than Significant Impact. The project site is located within the Palm Springs School District. The addition of 58 dwellings would not increase demand for schools by generating additional students. Based on the generation factors contained in the General Plan EIR, the proposed project would not add enough students to be considered a significant impact with regards to elementary school (K-6) students, middle school (7-8 grade) students, and high school (9-12) students. The Leroy F. Green School Facilities Act of 1998, which governs a school district's authority to levy school impact fees would also assist in mitigating impacts to schools. Finally, California Government Code Sections 65995(h) and 65996(b) note that payments of fees provide full and complete school facilities mitigation. The project proponent will be required to pay the mandated school fees in place at the time that building permits are issued, to offset the impacts to the . school district. Therefore, with the payment of statutory fees, in keeping with the Planning and Zoning Laws, impacts to schools would be less than significant. Matthew Place, InitialStudy Movember 2005 MATTMW PLACE/INITIALSTuDY/NEGATIVE DECLARATION d) Less than Significant Impact, The project site is located within the boundaries of the Palm Springs Department of Parks and Recreation service area. State law requires each new residential development to dedicate land for park facilities or pay an in-lieu fee to cover the cost of acquiring park land elsewhere. The City uses a dedication formula of 5-acres per 1,000 persons. The proposed project would add 58 condominium residential units and generate approximately 116 residents (based on a generation factor of 2 persons per household from the 2000 Census). The amount of population generated by the project does not reach the 1,000-person standard. The project does not include provision of any on-site parks. As a result, the project would satisfy park requirements through the payment of in-lieu fees. Therefore, impacts to parks and recreation are considered less than significant. e) Less than Significant Impact. The project would not create any significant impacts to the service levels of any other public service providers. Matthew Place,Initial S tudy Novernhgrf 005 1.0-35 v6_.,0 MATTWWPLACE/INITIALSTui)Y/NEGATIVE DECLARATION Less Than Significant Potentially, - With Less Than Si nifiopnt "ftitigation Significant No < Impact Incorporated Impact Impact XIV, RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such thatsubstantial 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 El Elrecreational facilities, which might have an adverse physical effect on the environment? a) Less Than Significant. The proposed project, as a residential development could increase use of existing recreational facilities. Based on the current population generation factor of 2 persons per household), the construction of up to 58 new condominium units would result in approximately 1 16 new residents (55 x 2 = 1 16). The City's Subdivision regulations require the dedication of land or in-lieu fees equivalent to 5.0 acres per 1,000 population ([58/1,000] x 5) or .290 acres of parkland. The participation of residents in recreational programs is generally on a fee-for-service basis. Residents of the proposed project would pay the fees required to participate in programs, and offset the costs of providing those programs. The project proponent will also contribute to park acquisition through the City's Quimby Ordinance, which is consistent with Subdivision Map Act requirements for the provision of parklands. Therefore, impacts associated with recreation are expected to be less than significant. b) No Impact. Although, the project would increase the use of existing neighborhood and regional parks, or other recreational facilities, it would also contribute its fair share in the form of in-lieu fees to the satisfaction of the Palm Springs Parks and Recreation Department. Therefore, no expansion or construction of recreation facilities would be expected. M'atthen,P/ace, InitfalStudy November 2005 q 1.0-36 u )( �y MATTIiEW PLACE/INITIAL STUDY/NEGATIVE DECLARATION legs Than , Significant Potentially 7 With Less Than - Significant :.Mi(igation Significant No Impact Incorporated Impact Impact XV. TRAM PORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial El El ® El in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ ❑ ® ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle racks)? a,b) Less than Significant. A study was prepared by Kunzman Associated (October, 2004) to discover any traffic impacts that would be associated with the project. The study area included major roadways providing access to the site including: East Palm Canyon Drive, Gene Autry Trail, Cherokee Way, and Matthew Drive. The intersections of Cherokee Way and East Palm Canyon Drive and Gene Autry Trail and East Palm Canyon Drive are currently operating at Level of Service B during peak hours, Opening year traffic is expected to result in Level of Service B at both studied intersections with or without the proposed project, and a Level of Service A at both project access points during both the midday and peak evening hours with or without the proposed project. The Gene Autry/East Palm Canyon intersection is expected to operate at a Level of Service C during both midday and peak evening hours. All studied intersections therefore will operate at acceptable levels of service in the short and long term, with or without the project.Therefore, project related impacts would be less than significant. c-g) No impact. The proposed project is not anticipated to exceed either individually or cumulatively a level of service standard established by Riverside County. The project would not result in significant increases in traffic volumes on area roadways, nor would it result in an exceedance of a county established level of service.Therefore, no impact would occur. MatthewP/ace, InitialStody - November2005 1.0-37 MATTHEW PLACE/INITIALSTUDY/NEGATIVE DECLARATION ,-.,'Less than - ;Significant Potentially With Less Than Significant'. . .Mitigation significant "Impact Incorporated Impact No Impact XVI. UTILITIES ANDSERVICE 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 ❑ ❑ ® El 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 ❑ ❑ ® Elfacilities, the construction of which could cause significant environmental effects? d) I-lave 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? fl 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 ® El related to solid waste? a) Less than Significant Impact. Wastewater generated by project residents would be treated by facilities owned and operated by the City of Palm Springs. The wastewater treatment requirements, issued by the California RWQCB for the treatment plant, were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area. The residential wastewater from the project site will not cause the treatment plant to exceed these treatment requirements and this impact is considered less than significant. b) Less Than Significant Impact. The project would receive water service from DWA and wastewater service from the City of Palm Springs. The proposed project will connect to existing DWA lines on Matthew Drive for domestic water service. On-site infrastructure would include an 8-inch water line and an 8-inch sewer line. Capacity is available at both DWA's water treatment plant and the City's wastewater treatment plant. No new treatment facilities would be required in association with the proposed. project. Therefore, impacts associated with expansion of water and wastewater facilities are considered less than significant. c) Less Than Significant Impact. The proposed project would increase run-off in'the area, which has to potential to flood. The RWQCB would require a construction activity Storm Water General Permit. The project applicant would be required to create an On-site M'atthewP/ace, Initial Study November 1005 r��01,3 3 1.0-38 �I. iMATTHEW PLACEIINITIAL STUDY/NEGATIVE DECLARATION I retention or other facilities approved by the City Engineer that shall be required to contain the increased storm water runoff generated by the development of the property, as described in the On-Site Preliminary Hydrology Report for Tentative Tract No. 32826, prepared by Fomotor Engineering, dated January 27, 2005 (as amended). The requirement would not cause significant environmental effects and therefore, a less than significant impact would occur. d) Less than Significant Impact. According to the Palm Springs General Plan Final EIR, DWA has indicated, "there is a sufficient supply of water to serve the City of Palm Springs and the portions of the City's sphere of influence serviced by the agency at buildout." (1993). The project would add 58 single-family condominium units requiring provision of water service. Because the project is consistent with the General Plan Land use designation, impacts to water supply are considered less than significant. e) Less than Significant Impact. The project would receive wastewater treatment from the City of Palm Springs. The project is consistent with the density provisions of the City's Wastewater Master Plan, which is designed to accommodate General plan build out projects. The General Plan EIR indicates that implementation of the land uses identified in the General Plan will not have a significant affect on the City's sewer system. Wastewater treatment capacity is adequate to serve the project and the existing community. Therefore, impacts to wastewater treatment are considered less than significant. 1') Less Than Significant Impact. Solid waste generated by the project would be transported to the Edam Hill Transfer Station. From the transfer station, solid waste and recycling are transferred to the Lamb Canyon Landfill, the Badlands Landfill, or the El Sobranfe Landfill. The Lamb Canyon Sanitary Landfill is currently permitted to receive 3,000 tons per day and has a remaining capacity of 25,967,000 cubic yards. The Badlands Sanitary Landfill is currently permitted to receive 4,000 tons per day and has a remaining capacity of 15,036,809 cubic yards. The El Sobrante Sanitary Landfill is permitted to receive 10,000 tons per day and has a remaining capacity of 3,674,267 cubic yards. The Edam Hill Transfer Station has the capacity to accept up to 2,600 tons of waste per day for the next 20 years. The current average daily waste throughput at the Edam Hill Transfer Station is approximately 1,600 tons per day (Personal communication with Loren Lewis, Waste Management of the Desert). Therefore, impacts to landfill capacity are considered less than significant. g) Less Than Significant Impact. Solid waste generated by the proposed project would be collected by Palm Springs Disposal Services and disposed of at the Coachella Valley Transfer Station. The proposed project would be required to comply with State of California Waste Management Act (AB 939) by providing a recycling program implemented by Palm Springs Disposal Services. The proposed project would comply with federal, state, and/or local statutes and regulations related to solid waste. Therefore, impacts relative to complying with federal, state and local statues are considered less than significant Matthew Place, InitialSfudy November 2005 1.0-39 I"DSJ) MATTHEWPLACE/INITIALSTUDY/NEGATIVE DECLARATION Less Than Sgnificant with P,oteritially, 'Mitig"atioq 'Less Than "s.hifcant Incofp'orate- 'Significant - -Impact d Impact 'No Impact XVIL MANDATORY FINDINGS OF S IGNIF ICANCE 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 considerable ❑ ❑ ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ® ❑ beings,either directly or indirectly? a) No Impact. The proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because project components would be constructed on areas that are not identified as sensitive. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are known to exist in the project areas. Further, project implementation includes compliance with appropriate procedures for avoiding or preserving artifacts or human remains if they are discovered during project excavation. b) No Impact. The project would be consistent with the City's General Plan and would not create any significant impacts. All project impacts would be reduced by adhering to basic regulatory requirements and/or conditions of approval incorporated into project design. C) Less Than Significant. The proposed project would not have any direct or indirect adverse impacts on humans because construction effects would be temporary and have been reduced or eliminated by environmental control measures incorporated into the project design. All impacts requiring mitigation would be reduced to less than significant. Therefore, the proposed project would have less than significant direct or indirect adverse impacts on humans. M'atibewPIace, Initial Study November2005 1.0-40 �� I I MATTM W PLACEANITIAL STUDY/NEGATIVE DECLARATION I I REFERENCES I 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 Springs Zoning Code. 2004. 4) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993 5) Terra Nova. "Matthew Drive Place Environmental Assessment." August, 2005. 6) Engineering Resources. "Onsite Hydrology Report' March 8, 2005 7) Fomotor Engineering. "Preliminary Hydrology Study" September 9, 2004 8) Gabel, Cook, and Associates. "Hydraulic Analysis for Palm Springs Area Master Drainage Plan. December 30, 2004 9) Sotelo, Fernando. Urban Crossroads. "Tract 32826 Noise Assessment' November 6, 2004 10) Tang, Bai. CRM TECH. "Historical/Archeological Resources Survey Report' December 29, 2003 11) Hayden, Christopher. Hayden Environmental. "Phase 1 Environmental Site Assessment' July 15, 2004 12) AMEC Earth and Environmental. "Matthew Drive Property Biological Resources Assessment and Desert Tortoise Survey" January 16, 2004 13) Earth Systems Southwest. "Geotechnical Engineering Report" July 17, 2003 14) Kunzman Associated. "City of Palm Springs Matthew Place Traffic Impact Analysis" October, 2004. Ma tthe w Place, Initial S6/dy Novembe 2p4.S 1.0-41 " � % J_'� STATE OF CALIFORNIA-THE RESOURCES AGENCY g p DEPARTMENT OF FISH AND GAME 2005 HhY I 7 Ail 8, 28 ENVIRONMENTAL FILING FEE CASH RECEIPT CIT '. C i L EV'i:;E_ J P Recei t# 200600337 Lead Agency CITY OF PALM SPRINGS PLANNING Datc. 03/28/2006 County Agency ofFi1mg Riverside Document No: 200600337 Protect Tltic' MATTHEW PLACE,CASE 5.1021;PLANNED DEVEL DIST 303,'I'rM 32826 Project Applicant None MATTHEW DIUVE PLACF,LLC 9 TAHITI PAKi NERS Plrane Number Project Applicanl Address; 5305 E. SECOND ST#.`204 LONG BEACH CA 90803 Project Applicant Private Entity CHECK APPLICABLE FEI;'S EJ L•nvirontrrental Impact Report Fxj Neganve Declaralran 1250.00 ❑11pplication Pee I'Iraler Diverwon(Stale Dater Peeom'ces Conh'ol Board Only) 0 Project Sxb)ect to Certrfied Regadalory Programs ❑x CountyAdministralronFee $64.00 ❑Protcct that rs exempl f,ani fees(1)eMimmis Exemption) Project that's exempt from fees(Notice a/&retnptron) Total Received 1314.00 L� , Smnature and title ofpermn receNrng pavnient ` �A r•' Notes: 4 M f: NOTICE OF DETERMINATION To: 'KFr L5 RtVERSME COWyTr �� Office of Planning and Research City of Palm Springs 1400 Tenth Street, Room 121 MAR 2 R 2CCEDepartment of Planning Services Sacramento, CA. 95814 P.O. Box 2743 Palm Springs, CA 922Q3-2743. , , 3y )'-J MV.Mleyer - x County Clerk Oeput" P.O. Box 751 Riverside, CA 92502-0751 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of th ublickesources_Code. Applicant . Applicant Name: Matthew Drive Place, LLC—Tahiti Partners Susan and Gary Boskovich Address: (Tahiti) 5306 East Second Street#204, Long Beach, California 90803 (Boskovich)4193 Matthew Drive, Palm Springs, California 92264 Telephone Number: (Tahiti) 562-433-5975, (Boskovich) 760-328-9662 Project Title: Matthew Place- Case 5.1021 Planned Development District 303, Tentative Tract Map 32826 Edward Robertson 760-323-8245 State Clearinghouse No, Lead Agency Area Code/ (if submitted to Clearinghouse) Contact Person Telephone Project Location: South side of Matthew Drive at Linden Drive, Palm Springs, California, Riverside County Project Description: Planned Development District to establish design standards and guidelines for a proposed 58-unit residential condominium complex; Tentative Tract Map for one-lot subdivision with 58 residential units, common areas, drainage improvement areas, and conservation area,- and project architectural approval. This is to advise that the City of Palm Springs has approved the above-described project with approval effective on February 15,2006, and has made the following determinations regarding the above described project: 1. The project(will will X will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures[ X were`were not] made a condition of the approval of the project. 4. A Statement 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 Tahguitz CanVon Way,_ Palm Springs California Principal Planner i nature(Pub' gency) Date Title P PROOF P� Jj�� 4dY i tAThjq j,�spaca for County Clet k's Fihng Stamp 2,606 No. 0273 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS STATE OF CALIFORNIA CASE: 5.1021 PD-303, TTM 32826 MATTHEW DRIVE PLACE County of Riverside PLANNED DEVELOPMENT 4155 MATTHEW DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,California,will hold a ppubllc hearing at its meeting of February 15, 2006. The City Council meeting begins at 6:00 Pm., in the Council Chamber at City Hall, 3200 eat Tahqultz Canyon Way, Palm Springs. I am a citizen of the United States and a resident of The_purpom of this hearing is to consider an ap- plication by Matthew Drive Place, LLC - Tahiti the County aforesaid; I am over the age of eighteen Partners for a proposed Planned Development District,'Tentative Tract Map, and the develop- years,mind not a party to or interested in the ment of a 58-unit condominium complex. The above-entitled matter.I am the rinci al clerk of a proposed project would be located on an approx- p P imately 9.9 acre-parcel bisected by a flood con- printer of the,DESERT SUN PUBLISHING trol channel.The proposed amenities for the pro- ject will include swimmin pools, landsca ed COMPANY a newspaper of general circulation, common areas and an on-site storm water re�en- tion basin. The proIject Is located at 4455 Mat- printed and published in the city of Palm Springs, thew Drive, zone 32c, section 30, County of Riverside,and which newspaper has been ' adjudged a newspaper of general circulation by the ow."�.•��hltM.�o,•,�,v .*. Superior Court of the County of Riverside,State of - i California under the date of March 24,1988.Case Number 191236; that the notice,of which theIt '��}� annexed is a printed copy(set in 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: January 25°' 2006 -- -- -"--------------------------------------------------------- l- oF�A�M _.._________________________________________________________ ENVIRONMENTAL DE,. u.. _.. .w.. All in the year 2006 TERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California' I certify(or declare)under penalty of perjury that the Environmental Qua[rty qct JCEQA) and will be re- viewed by the City Counci at the hearing. Mem- foreg0ing i5 true and correct. bets Of the public may view this document at the bPlanens ran Services Department, Cityy Hall,'3200 a. f - REVIEW OFtN any on Way, Palm r, to. a and Dated at Palm Springs;Caljfornia this-----25a day submit-IwnHsn comments at,._or-prior, to.ire City e--- _----_�------' Hall between t / --_ Council Nearing. PROJECT INFORMATION:The staff /f of----------J3nbnn' ) 2006 r supporting documents regarding thisHal project are avaihe hour for (y7s of 8:00 review at Ci Please � � �C_/----- '�---------- hoisld documents. like e City hadulr an 2pp) 323 8204die you Signature / C this notice may be made verbally at the Public "^- g„-��" COMMENT ON THIS APPLICATION: Res onse Hearing and/or In writing before the hearing.Writ- ten comments may be made to the City Council p pp by letter (for mall or hand delivery) to: 3200eE. Tahquitz n�nion 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 pnor, to the ppublic hearing. (Govern- ment Code Section 65009[b][2]). An opportunity will be given at saki hearing for all interested persons to be heard.Questions regard- In9 this case may be directed to Edward O. ob- ertsan, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carte,porfavor[lame a Is Ciudad de Palm Springs y puede hab[ar con Nadine Fleger telefono (( 0) 323-8245. James Tnccmpson, City Clerk Published: 1/25/20DG �pA�A7 .0 SA h° LM City ®f Palm Springs u m Office of the City Springs, 3200 E.Tah(luitz Canyon WayPalm 8 rings California 92262 * C�RPORATEO A * -I Y � P O � tFO Tel: (760)323-8204 • Fax:(760) 322-8332 • Web- www.ci.palm-springs.ca.us R� 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 Matthew Drive Place, LLC — Tahiti Partners, for a proposed Planned Development District, Tentative Tract Map, and the development of a 58-unit condominium complex, was mailed to each and every person set forth on the attached list on the 24th day of January, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (33 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 24th day of January, 2006. AMESTHOMPSON i City Clerk 1 - / /kdh H:\USERS\C-CMHearing Notices\Affidavit-MatthewDrivePlace 02-15-06PHN.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 I I NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS I I CASE: 5.1021 PD-303, TTM 32826 I MATTHEW DRIVE PLACE PLANNED DEVELOPMENT 4455 MATTHEW DRIVE I NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 15, 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 Matthew Drive Place, LLC — Tahiti Partners, for a proposed Planned Development District, Tentative Tract Map, and the development of a 58-unit condominium complex. The proposed project would be located on an approximately 9.9 acre-parcel bisected by a flood control channel. The proposed amenities for the project will include swimming pools, landscaped common areas and an on-site storm water retention basin. The project is located at 4455 Matthew Drive, Zone WR2, Section 30. ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. 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. /' z es Thompson, City Cle k 0�1✓,1&. i Department of Planning Services N E Vicinity Map �z ca M ' I (n `"' o z I (CM() 1 —' SANTA AhIA t'- WAVERLY DR = SEMINOLE RD r 8 r •t z J 5 0 MATTHEW DR a CITY OF PALM SPRINGS CASE NO: 5.1021 PD-303 DESCRIPTION: Application for a proposed Planned TTM 32826 Development District, Tentative Tract Map, and the development of a 58-unit condominium complex located APPLICANT: Matthew Drive Place, LLC at 4455 Matthew Drive, Zone WR2, Section 30. Tahiti Partners APN: 681-170-065, 681-170-066. NEIGHBORHOOD COALITION REPS MS APRIL HILDNER Public Hearing Notice (TAHQUITZ RIVERS ESTATES) MR TIM HOHMEIER Matthew Place Residential 241 EAST MESQUITE AVENUE (DEEPWELL ESTATES) 5.1021 PD-303&TTM 32826 PALM SPRINGS CA 92264 1387 CALLE DE MARIA CC: Meeting- 7, jj- p; PALM SPRINGS CA 92264 MS ROXANN FLOSS 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) (SUNRISEIVISTA 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 DICKINSON (OLD LAS PALMAS NEGIBORHOOD) (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 PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO 5.1021 PD-303 PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE 1 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 1 1 1 1 1 1 INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 MR GEOFFREY S. PAYNE MR PHILIP FOMOTOR TAHITI PARTNERS REAL ESTATE DEV. FOMOTOR ENGINEERING SPONSORS 1 I I 5305 E. 2N°STREET, SUITE 204 225 SO. CIVIC DRIVE,#1-5 LONG BEACH, CA 90803 PALM SPRINGS, CA 92262 MR MARK PICKARD LGS ARCHITECTS, INC. rl�, 2442 DUPONT DRIVE IRVINE, CA 92612 ✓`,g ; 681-160- 7 681-160-018 / 681-170-001 RaymoEl Ellis ���< Usa 681' Seminole Preservation Ltd Pay 3.33 E Palm Canyon Dr Us Deft Of Interior 4009 Columbus Rd P m Springs, CA 92264 Washington, DC 21401 Granville, OH 43023 681-170-007 681-170-038 681-170-063 Marilyn & Annette Zalkowitz H & Jane Boeckmann West Coast Custom Finish PO Box 5420 15505 Roscde Blvd 4101 E Matthew Dr Palm Springs, CA 92263 Sepulveda, CA 91343 Palm Springs, CA 92264 681-170-064 681-170-065 681-170-066 Tr Playan / Gary & Susan Boskovich Matthew Drive Place Llc \2870 N Andalucia Ct 4193 E Matthew Dr 5305 E 2Nd St 204 Palm Springs,' CA 92264 Palm Springs, CA 92264 Long Beach, CA 90803 *** 9 Printed .*** da- (J 681-170-001 681-170-007 681-160-0� SEMINOLE PRESE ATION LTD USA 6 , PARTNERSHIP �y� ZALKOWOX IT� ARILYN ' W 3INGTON,DC 21401 904 MANH I AN AVE#7 PO B420 MANH AN BEACH,CA 90266 PALM RINGS,CA 92263 681-170-026 681-170-038 681-170-039 URRUTIA FRANCISCO J BOECKM 1-I F (� BOECKMANN H F 1950 DESERT PALM DR 15505 COE BLVD 91 4 15505 ROSCOE BLVD PALM DESERT,CA 92262 SEP VEDA,CA 91343 SEPULVEDA,CA 91343 681-170-046 681-170-056 681-170-063 CITY OF PALM SPRINGS CHIKASAWA DON S 4101 E M HEW LLC PO BOX 2743 PO BOX 3297 4101 E MATTHEW DR PALM SPRINGS,CA 92263 CAMARILLO,CA 93011 PAL -SPRINGS,CA 92264 681-170-064 681-170-065 681-170-066 PLAYAN M J BOSKOVIC ARY S ,(�-� MATTHEW D E PLACE 2870 N A ALUCIA CT 4193 E HEW DR ^-' ] 5305 E 2ND T#204 PALM GS,CA 92264 PAL RINGS, CA 92264 LONG B CH,CA 90803 �J