HomeMy WebLinkAbout7/21/2010 - STAFF REPORTS - 5.C. I-
Cl"40LLEGE, DESERT
OPEN ING THE DOOR . . .
Building a Self-Sustainable Campus in the West Valley
C ollege of the Desert and the City Going Green big time Creating energy and jobs
of Palm Springs are embarking `Integrated sustainability'will feature About half of the campus is envisioned
on a unique initiative to establish a prominently in design, construction as a commercially operated energy
self-sustainable satellite campus on and operation of the West Valley center, named GreenPark, featuring
the northwest corner of Indian Canyon Campus to address issues such as photovoltaic solar technologies that
Drive and Tramview Road to serve the waste management,water have the potential to generate
cities of Palm Springs, Cathedral City, conservation, energy efficiency and enough power for 2,800 homes.
Desert Hot Springs and beyond. reduction, and renewable energy
generation.The result will be a Phase 1 of the campus, slated to
The 119-acre site to house the campus holistic operating campus that is open September 2014, is being
will encompass three components: compatible with desert ecology, and developed with proceeds from
1. College of the Desert program feature a teaching and learning voter-approved Measure B bond
buildings integrated with the environment that is environmentally sales. Future phases will be funded
recreational resources of the and socially responsible, and from other sources,including
existing James 0.Jessie Desert economically viable. potential revenues from the sale
Highland Unity Center; of GreenPark energy to `the grid'.
The City of Palm Springs aims to During Phase 1 construction, the
f 2, Commercially-operated facilities establish a green economy and attract West Valley Campus is estimated to
for training,, r research& clean technology companies. College create 700 jobs.
development, business incubation of the Desert is
of`clean technologies' and a poised to educate
potential location for a Coachella future `green collar'
Valley iHub; workers and
3• GreenPark, a 60-to 70-acre become a catalyst
site that will feature sustainable and economic
energy-generating systems, and development driver
facilities for research& for the region's
development and teaching plans. The proposed
&learning. West Valley Campus 77
will allow COD to
To serve the needs of the West Valley, show leadership
COD has tentatively identified four in meeting or
program `pillars'for the new campus exceeding federal,
that each present significant state, county and
opportunities for partnerships with municipal sustain-
business, industry, and other ability policies. .,;
educational institutions: (1) Hospitality
&Tourism; (2) Media&the Arts; (3) "This bold and ambitious initiative makes economic and
Allied Health; and (4) Sustainability environmental sense. The City of Palm Springs and College of the
Technology. COD's Educational Master Desert have the leadership and commitment to innovation and
Plan will determine the mix of
programs to be offered gradually at collaboration that's required to turn this bold vision into reality."
the West Valley Campus. Jerry Paton, President, College of the Desert
0 7/2 1/Zbro f: C .
Questions & Answers
I - Why is COD developing the West College of the Desert recognizes the opportunity to work
Valley Campus? with the City of Palm Springs to achieve these sustainability
COD's Palm Desert Campus is reaching capacity for goals. COD intends to not only teach the principles of
enrollment; at the same time, access from the outer regions sustainability but to distinguish itself from other post-
of the Valley is becoming more difficult. In 2004, citizens secondary institutions by inviting the West Valley Campus
passed Measure B, a$346.5 million bond issue that and Valley community to learn, teach,work, and experience
included a mandate to establish satellite campuses in the the benefits and challenges of a sustainable campus. For
example,
cast and west Valley. The interim East Valley Campus at if water is processed on campus in a closed-loop
Mecca-Thermal is operational;plans are underway to system, the campus community will need to learn to
prevent hazardous materials (e.g., from labs) from entering
replace the leased facilities in Indio with a newly constructed
building in downtown Indio. In 2007, COD's Board of the water system.
Trustees identified Palm Springs as the location of the West In addition, COD intends to show that if community needs
Valley Campus and a small satellite center in Desert Hot are considered in concert with the needs of the campus,
green buildings and infrastructure can pay for themselves.
Springs. COD is already offering classes at Palm Springs The College recognizes the benefit of demonstrating how
High School and the new Desert Energy Enterprise Center. green buildings result in lower life cycle costs and higher
The City of Palm Springs is diversifying its economy and productivity, and how passive or active cooling based on
developing plans to establish a green economy and attract renewable sources is better for the environment and better
clean technology companies. COD is poised to educate future economically. The proposed West Valley Campus will allow
`green collar' workers and become a catalyst and economic COD to show leadership in meeting or exceeding federal,
development driver for the region's economic plans. state, county and municipal sustainability policies.
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taus:, ,,aw
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Main entrance of the West Valley Campus Transportation hub
Z. Why a self-sustainable campus? 3. How can COD build and expand in
The College has three reasons for developing a the midst of budget cuts?
self-sustainable campus: This is a legitimate concern that requires a multi-
1. To reduce the ecological footprint (e.g.,water and faceted answer.
energy consumption and conservation, and ■ In 2004,voters overwhelmingly approved a bond
greenhouse gas emissions) to demonstrate and teach
that sustainable buildings and infrastructure are measure that authorized GOD to sell $346.5 million
environmentally and socially responsible, and in bonds to be guaranteed by local property tax
economically viable. revenues. Voters agreed to fund renovation of COD
2. To show the ecological, social, and economic value buildings and infrastructure, to build necessary new
of designing campus buildings and infrastructure in facilities, and establish permanent campuses in
an integrated approach. the east and west areas of the Valley.What followed
3. To reclaim resources and generate energy through was nearly four years of planning, design, and the
renewable technologies in a sustainable fashion. lengthy approval process required by California.
■ By law, the bond proceeds can only be used for future generations for their condition, COD has adopted a
acquisition of land and construction,including Policy on Sustainability that guides decision making about:
equipment and furnishings (`capital expenditures'). ■ Responsible and thoughtful utilization of College land;
A volunteer committee of citizens oversees the ■ Development and operation of alternative energy
spending and assures no bond money is used for generation to promote self-sustainability and practical
salaries or operations (`operational expenditures' teaching and learning;
that are funded by the state). ■ Design, construction and retrofitting of buildings to
■ Penalties would accrue if COD failed to complete the the highest feasible level of sustainability recognition;
bond-approved projects within a certain length of time, ■ Fund and grant raising to promote green initiatives;
and the bonds would become taxable to those who ■ Partnerships with energy producing agencies and
purchased them. other businesses, public and private, to promote
■ The original campus was completed 50 years ago; green initiatives;
Measure B was designed to meet the needs of the w Operating practices that demonstrate commitment to
Valley for the next 50 years. Stopping development sustainability management;
and construction now would cost time and money. ■ Encouragement of`greening' of the curriculum;
■ Development of annual strategies to meet
4. What programs will be offered at sustainability targets.
the new West Valley Campus?
To serve the needs of the West Valley, COD has tentatively
identified four educational `pillars' that each present
significant opportunities for partnerships with business,
industry, and other educational institutions: 1. Hospitality
&Tourism; 2. Media&the Arts; 3.Allied Health;
4. Sustainability Technology. COD's Educational Master
Planning process will determine the mix of programs that
will gradually be offered at the West Valley Campus.
5. Why will GreenPark be located
on the campus?
About half of the property is envisioned as an `energy
center'—named GreenPark—to generate power from ;
renewable sources and to provide space for research&
development, demonstration,testing and teaching.
Photovoltaic solar technologies are being considered Box canyon inspired Plaza N'cade
because of the available land area, height restrictions,
proximity to a residential neighborhood, and a mission to 7. What is meant by integrated
promote sustainable use of water resources. sustainability?
GreenPark, expected to be operated by a third-party in Sustainability, as applied to the West Valley Campus project,
association with COD, has the potential to generate an moves beyond "simply living within available resources"to
estimated 10 MWp (MegaWatts Peak) of energy annually, a strategy of designing a holistic campus that is compatible
enough to power 2,800 homes. The sale of energy to the with, and learns from ("mimics") desert ecology,
`grid' will provide revenue for the College to develop emphasizing conservation, efficiency, recovery of wastes,
programs and services at the West Valley Campus and adaptation, and regeneration.A desert-inspired design
energy for the Valley. concept for the West Valley Campus might look like: a
campus designed like a box canyon, with a shaded
b. What is covered in CODS Policy on south side and wind protection,photovoltaic solar
Sustainability Stewardship? panels that create shade and energy, daylight from the
Based on the knowledge that we do not`own' environmental north, a storm water reservoir to create evaporative
resources but only`manage' them and are responsible to cooling, and desert landscaping.
8. What are COD' Integrated 13. Who owns the property now?
Sustainability Guidelines? Bureau of Land Management (BLM) owns the property.
The Guidelines establish five broad goals for the West
Valley Campus: 1. Zero waste; 2. Sustainable hydrology; 14. When will BLM transfer title?
3. Net-zero energy utilization/energy generation; 4. Carbon Transfer of title takes place in two stages: (1) the City of
neutral; 5. Ecological regeneration. Palm Springs purchases the land from BLM; and (2) the City
transfers title to College of the Desert.The whole process is
9. Are there examples of integrated anticipated to be completed by summer 2010.
sustainability building designs at
other California colleges? 15. Does it cost more to use
There are many bond-driven building and energy green technologies?
retrofit projects at colleges in California that address Not necessarily. The initial cost to install such green
specific environmental features and conditions.l"or technologies as triple-pane glass windows or low-flow
examples,please visit: Directory of Sustainailty °Mfty be more expensive;however, these costs are
Programs at California Community Colleges;; by ewer cooling and heating equipment requirements
www.green-technology.org/ccsummitIdirect6k y.html. Vater usage, resulting in significant net savings
10. How will COD' West Valley ov VV Mg term.
Campus be different? 1G H`'wM long before there are quantifiable
Because the new West Valley Campus is a ta"rasa befits from green technologies?
(`clean slate'), COD has the opportunity to take an Gr� l` will be developed on a different timeframe from
integrated approach to campus planning,fay design and the u and may be completed within 2 ears, at which
construction, facility operation, and campu$management. y p Y
West Valley Campus plans to deal with sustaility at a � ts of the green technologies to the campus will
building scale, a land development scale, aodf, a be, ^rya te.
community context. This holistic approach address 1,
" "there any endangered species
sustainability issues such as waste manage;water �;4
A`N a property
conservation, energy efficiency and reductio iand
incorporate renewable energy systems to cre*an evidence of documented endangered animals
integrated sustainable teaching and learning.0,Mronment 0' erty; however, there is an endangered plant:
that is environmentally and socially response, and C` alley milk vetch—an herb that grows to
economically viable. a "" " ''t in height,produces pinkish-purple flowers,
and is found in wind-blown dunes or flat areas and along
11 . How much will it cost to build sandy washes. COD intends to work with appropriate
the new campus? environmental agencies and groups to find ways to protect
COD's Bond program includes $40 million for Phase 1 the plant and possibly incorporate it into the xeriscape
of the West Valley Campus, including infrastructure landscape design.
development of the entire 119-acre site. Future phases of
the campus will be funded from other sources, including For More Information
potential revenues from GreenPark. For more information on the proposed College of the
12. When will construction of Phase 1 start? Desert West Valley Campus,please contact:
Design of the campus will start as soon as COD obtains Dr. Edwin Deas
formal title to the property. Design, followed by the Vice-President of Business Affairs
necessary state approvals including Division of the State College of the Desert .�
Architect (DSA) that approves all community college 43.500 Monterey Avenue, .
building plans,will take approximately 2 years. Palm Desert, CA 92260
Construction is expected to start during 2012 and take T: 76o-773.2592 Paper contains 10%
2 years.A tentative opening for classes is slated for post-consumer
September 2014. E: edeas@eollegeofthedesert.edu recycled content
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CITY OF PALM SPSRINGS/
�Q11 poft p COMMUNITY REDEVELOPMENT
AGENCY STAFF REPORT
DATE: July 21, 2010 NEW BUSINESS
SUBJECT: APPROVING THE DIRECT PURCHASE OF 119.3 ACRES OF LAND
FROM THE BUREAU OF LAND MANAGEMENT; APPROPRIATING
$2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA#1;
AND APPROVING THE PROPERTY TRANSFER DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT
COMMUNITY COLLEGE DISTRICT; AND APPROVING THE INITIAL
STUDY NEGATIVE DECLARATION PREPARED IN ACCORDANCE
WITH CALIFORNIA INVIRONMENTAL QUALITY ACT.
FROM: David H. Ready, Executive Director
BY: Community & Economic Development Department
SUMMARY
These actions approve the purchase of 119.3 acres of land from the Bureau of Land
Management (BLM) for $2,102,000; and approve the Property Transfer and
Development Agreement between the City of Palm Springs/Redevelopment Agency
and Desert Community College District for the development of the West Valley
College of the Desert Campus.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE
DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN
CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR
$2,102,000; AND APPROVING THE PROPERTY TRANSFER AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY
COLLEGE DISTRICT; AND APPROVING THE INITIAL STUDY NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
ITEM NO.
Community Redevelopment Agency Staff Report
July 21, 2010-- Page 2
College of the Desert Campus- Land Acquisition and PTDA
2. Adopt Resolution No. , APPROPRIATING $2,102,000 FROM FUND
BALANCE IN MERGED PROJECT AREA#1.
STAFF ANALYSIS:
College Site Solicitation
In early 2004 the Community College District Board of Trustees and the City of Palm
Springs began discussions about potential sites for a community college campus in
the western Coachella Valley region. Those discussions were based on the results
of studies undertaken by the District that revealed the regions future population
growth would support the expansion of college campuses in the east and west
Coachella Valley.
The District reviewed appropriately 13 sites in the western valley before initiating a
formal Site Solicitation Request process in 2005. In April 2006 the City of Palm
Springs/Redevelopment Agency submitted a proposal to the Desert Community
College District to consider a 119.3 acre site for the new College of the Desert West
Valley Campus. The proposal received universal endorsement and support from the
Palm Springs business community and the public at large, including grade school
children who wrote letters of support for the development of the campus in Palm
Springs.
On September 21, 2007 the Board of Trustees voted to select the Palm Springs
proposal for its new west valley campus site. The Board's decisions were based on a
comprehensive analysis and its consideration of key factors included:
• The ability to serve the west Coachella Valley population
• The suitability of the property for a community college campus
• Financial terms and benefits
• The certainty of a successful transaction and entitlement
• Environmental issues
• Access (20-minute drive time)
• Infrastructure — utilities and roads
• Capacity to deliver on commitments
City of Palm Springs Proposal
The City of Palm Springs Proposal to the Community College District contained
significant financial and administrative support for the west valley college campus
development. The commitments outlined in the proposal were adopted by Council
Resolution in June 2007, allowing staff to proceed with the initial steps to acquire the
119.3 acre site from the Bureau of Land Management. The City also agreed to
undertake the necessary environmental reviews in conformance with the California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).
Terra Nova is the City's consultant performing the work including the College Park
Specific Plan and associated environmental documents for the campus master,plan.
Community Redevelopment Agency Staff Report
July 21, 2010 -- Page 3
College of the Desert Campus - Land Acquisition and PTDA
The essential component to the City's commitment was to acquire the 119.3 acre site
(to donate to the College) from the Bureau of Land Management, through the U.S.
Department of the Interior- Recreation & Public Purpose Act (R&PP). The R&PP Act
authorizes the sale or lease of public lands to local governments for recreation and
public purposes. However, since the College can only construct buildings on property
which it owns in fee and the need to use bond financing within a certain time period
subsequently lead to the discussion of a direct sale approach.
To initiate the R&PP Sale process, staff sent a letter to the Bureau of Land
Management (BLM) outlining the City's intention to purchase the site. The following
actions were taken to complete the transaction:
• Authorization by the BLM Office of Directorate to contract for an appraisal to
establish value;
• Review and approval the apprised value by the Office of the Directorate;
Publication of the Notice of Realty Action in the Federal Register;
• Approval and publication of the Environmental Assessment on BLM website;
• Approval of government (cadastral) survey;
• Approval of biological report;
• BLM field office issues the Decision of Record (DOR);
• BLM field office issue No Significant Impact Report (FONSI).
The Bureau of Land Management Regional Office is currently reviewing the
Preliminary Title Report to prepare a land patent with recorded and unrecorded
easements. The final action is to submit conveyance instructions and upon
verification of the funds in escrow, issue the land patent to the City. The City will then
proceed with the actions to transfer title to the Community College District.
College Campus Vision
The 119.3 acre site at the northwest corner of Tramview and Indian Canyon Drive will
house the multifunctional College of the Desert West Valley Campus that will
encompass the following components:
• General purpose classrooms, labs and administrative offices, as well as
buildings for student services;
• Buildings that will be integrated with the recreational resources of the existing
James O. Jessie Desert Highland Unity Center;
• Feature commercially-operated facilities for training, research and
development,
• Potential location for the Coachella Valley iHub and business incubation
center for clean technology industries; and
• A Green Park on 60-70 acres of the site that will feature sustainable energy
generating systems and facilities for research and development and teaching
and learning.
Community Redevelopment Agency Staff Report
July 21, 2010-- Page 4
College of the Desert Campus- Land Acquisition and PTDA
The campus will be designed and constructed in accordance with COD's recently-
adopted Policy on Sustainability Stewardship, The College will follow principles and
guidelines of integrated sustainability that move beyond "simply living within available
resources" to a strategy of designing a holistic operating campus that is compatible
with and learns from desert ecology. There is also an emphasis on conservation,
efficiency, recovery of waste, adoption and regeneration of ecological systems and
functions.
Because the new campus is a blank canvas the College has the opportunity to take
an integrated approach to campus planning, facility design and construction, facility
operation and campus management. The West Valley Campus plans to deal with
sustainability at a building level, a land development scale, and in a community
context.
To serve the needs of the west valley region, the College has identified four
educational `pillars' that each present significant opportunities for partnerships with
business, industry and other educational institutions. The four pillars are:
• Hospitality & Culinary Arts
• Film, Media & the Arts
• Allied Health
• Green and Clean Technology
City staff is currently organizing meetings with industry leaders and college officials to
facilitate the development of the four pillars. Meeting discussions with media and arts
and hospitality representatives on July 14 focused on industry curriculum that would
produce a trained and certified or degreed workforce. The meetings also help
determine facility specifications for the first building phase and future phasing of the
campus.
Community College District Commitments
The Community College District has committed $40 million to develop the first phase
of the West Valley campus, which is an increase of eleven million dollars from their
original commitment. The District has initiated a Request for Qualifications for the
design and build for the first phase. That process should conclude by end of 2010;
construction is estimated to start in 2012; and classes could begin by fall 2014. The
District anticipates that the first phase of development will include approximately
50,000 square feet of classrooms, administrative offices, and laboratory facilities.
The District also commits to develop and provide the City/Agency with an academic
and facilities master plan for the campus site that will accommodate at least 10,000
full time equivalent students (which generally translates to approximately 20,000 full
and part time students). Facilities will be described at a programmatic level, and
identify the District's public-private partnership opportunities that will be an important
means of implementing the master plan and helping the Parties achieve their
common objectives for the campus project. The District will work cooperatively with
Community Redevelopment Agency Staff Report
July 21, 2010-- Page 5
College of the Desert Campus- Land Acquisition and PTDA
the City and Agency in the preparation and implementation of the academic and
facilities master plan.
The District will make the campus site's facilities available as a "civic center, to the
City, other public agencies, community residents, organizations, clubs, and
associations for recreational, cultural, and meeting purposes. The District and
City/Agency will also explore and implement joint use agreements to ensure specific
community access and support for optimal joint-use recreational, athletic, cultural and
performing areas, well parking, and other facilities on the Campus site.
Property Development Agreement
The Property Transfer & Development Agreement ("Agreement") is a three party
agreement between the City of Palm Springs, the Redevelopment Agency for the City
of Palm Springs, and the Desert Community College District. The City will convey
the property to the District at no cost, as originally described in the City's proposal to
the District in 2007. The City and the Agency will also allocate 50% of property tax
revenues above the current level of property tax revenues that the City and Agency
receive from Planning Areas 1, 3, and 5 of the proposed specific plan to the District
for forty years. The tax share will begin in the first fiscal year that classes commence
on the Campus in permanent facilities developed in accordance with the academic
and facilities master plan. This allocation of future property tax increment is in lieu of
the myriad of financial commitments that had been generally suggested in the City's
original proposal.
Environmental Determination
The proposed Property Transfer and Development Agreement is a "Project" under
the California Environmental Quality Act (CEQA). As such, CEQA requires that the
potential environments impacts associated with the approval and implementation of
the agreement be analyzed. To this end, an Initial Study/Negative Declaration
(IS/ND) was prepared for this document in accordance with CEQA and the City's
rules to implement it. A copy of the IS/ND is included in your packet. The IS/ND
provides the level of analysis appropriate for this type of project. The IS/ND also
indicates throughout that the College Park Specific Plan and the College's Campus
Master Plan are under development, that the preliminary campus master plan is a
part of the Specific Plan, and that a comprehensive Environmental Impact Report
(EIR) is being prepared on the Specific Plan document. Staff recommends that the
City Council adopt the CEQA IS/ND,
Community Redevelopment Agency Staff Report
July 21, 2010-- Page 6
College of the Desert Campus - Land Acquisition and PTDA
FISCAL IMPACT:
There will be no impact to the General Fund. Funds will come from Fund Balance in
Merged Area #1.
1
Cathy Van Ho r ornas J. Wit
,
Economic Development Administrator Assistant Citynager
David H. Ready, E ,
Executive Director
Attachments:
Resolutions
Property Transfer & Development Agreement
Initial Study/Negative Declaration (IS/ND)
STATE OF CALIFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME ¢
n.
ENVIRONMENTAL FILING FEE CASH RECEIPT - `
f
Receipt#: 201000699
State Clearinghouse#(if applicable):
Lead Agency: CITY OF PALM SPRINGS Date: 07/26/2010
Counly Agency of Pwing: Riverside Document No: 201000699
Project Title: CITY OF PALM SPRINGS/DESERT COMM, COLLEGE DISTRICT PROPERTY TRANSFER
Proje r ipphca,u Name: CITY OF PALM SPRINGS Phone Number:
Project Applicant Address: 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS CA 92262
Project Applicant: Local Public Agency
CIIECK APPLICABLE FF.h,'S:
❑Environmental Impact Report
X-1 Negative Declaration 2010,25
Application Fee Water Diversion(State Water Resources Control Board Only)
[]Project Subject to Cerltfied Regulatory Programs
❑X County Administration Fee $64,00
❑Project that is exempt from fees(DFG No Effect Determination(Form Attached))
❑Project that is exempt from fees(Notice oj'F,xemption)
Total Received 2074,25
Signature and title ofperson receiving payment:
Notes:
Notice of ]Determination
From: City of Palm Springs
To: 0 office of Planning and Research Community Development Dept.
1400 Tenth Street,Room 121 3200 E. Tahquitz Canyon Way
Sacramento,CA 95814 Palm Springs,CA 92262, 10 UN
Ne'k a Y ULEHK
E County Clerk Contact: Craig A. M OP/ tc Deternlir1jiti,ri
County of Riverside Phone: 760-323-8569 per PR.C. 211,52
2720 Gateway Drive POSTED
Riverside,CA 92507
JUL
Subject: Filing of Notice of Determination in compliance with,Section 21108 or 21152 of the Public Resources de.
State Clearinghouse Number(if submitted to State Clearinghouse): N/A gy.
-OLIf1tv nf
Czfforno
Project Title:
City of Palm Springs/Desert Community College District Property Transfer and Development Agreement
Project Location(include county): A portion of the North /2 of Section 34,Township 3 South,Range 4 East,south of the
Chino Creek Levee,north of Tramview Road and west of Indian Canyon Drive in the City of Palm Springs,County of
Riverside.
Proj et Description: TDA)between the City of Palm Springs and the Desert Community
A Property Transfer and Development Agreement(P
College District to allow the development of the College of the Desert West Valley campus on 1 19.4±acres. The PTDA
also sets forth terms of the property transfer and its development.
This is to advise that the City of Palm Springs has approved the above described project on July 21,2010.
0 Lead Agency 0 Responsible Agency
and has made the following determinations regarding the above described projects.
I. The project(0 will M will not)have a significant effect on the environment.
2, F1 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
0 A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
3. Mitigation measures(0 were 0 were not)made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was Z was not)adopted for this project.
5. A statement of Overriding Considerations was ® was not)adopted for this project.
6. Findings (Z were F-1 were not)made pursuant to the provisions of CEQA.
This is to that the Initial Study[Negative Declaration with comments and responses an record of project approval is
available certify to the General Public at Palm Springs City Hall,3200 E.Tahquitz Canyon Way,Pal
m Springs,CA 92262.
;Lx/to Director of Planning Services
Si u is Agency Craig A. Ewing,AICP Date Title
Date received for filing and posting at OPR:
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE DIRECT
PURCHASE OF ONE 119.3+- ACRES OF
LAND LOCATED AT THE NORTHWEST
CORNER OF TRAMVIEW ROAD AND
NORTH INDIAN CANYON DRIVE FROM THE
BUREAU OF LAND MANAGEMENT FOR
$2,102,000; AND APPROVING THE
PROPERTY TRANSFER AND
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND THE
DESERT COMMUNITY COLLEGE DISTRICT;
AND APPROVING THE INITIAL STUDY
NEGATIVE DECLARATION IN
ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, in September 2007 the Desert Community College District selected the City
of Palm Springs proposal for the future site of the College of the Desert West Valley
campus; and
WHEREAS, the City of Palm Springs Community Redevelopment Agency committed
significant financial and administrative support to the College, including the acquisition
of the 119.3+- acre site from the United States Bureau of Land Management; and
WHEREAS, the City of Palm Springs Community Redevelopment Agency is currently
engaged in the acquisition process with the U.S. Department of the Interior, Bureau of
Land Management, to acquire the land for the campus; and
WHEREAS, the City of Palm Springs Community Redevelopment Agency and the
Community College District negotiated a Property Transfer and Development
Agreement, which commits the City/Agency to convey the property to the District at no
cost, and allocate 50% of property tax revenues above the current level of property tax
revenues that the City and Agency receive from Planning Areas 1, 3 and 5 of the
proposed specific plan to the District for forty years beginning in the first fiscal year that
classes commence on the Campus in permanent facilities in accordance with the
Academic and Facilities Master Plan; and
WHEREAS, the Property Transfer and Development Agreement is a "project" under the
California Environmental Quality Act (CEQA); and
WHEREAS, an Initial Study/Negative Declaration was prepared for the Property
Transfer and Development Agreement in accordance with CEQA and the City's rules to
pr.,f
City of Palm Springs Community Redevelopment Agency
July 21,2010
Page 2
implement it; and
WHEREAS, the City of Palm Springs Community Redevelopment Agency has had an
ongoing commitment to the development of this area of the community with the
replacement and improvement of infrastructure adjacent to the proposed campus site,
as well as the development of housing and commercial projects; and
WHEREAS, the City of Palm Springs has received universal endorsement and support
from the business community and the Palm Springs public at large for the development
of the College of the Desert West Valley Campus; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
Community Redevelopment Agency has maintained its support of the commitments
made in its proposal to the Community College District to locate the College of the
Desert West Valley Campus in Palm Springs and additionally offers the following:
Section 1. The City of Palm Springs Community Redevelopment Agency hereby
approves the direct purchase of 119.3+- acres located at the northwest corner of
Tramview Road and North Indian Canyon from the United States Bureau of Land
Management for $2,102,000.
Section 2. The City of Palm Springs Community Redevelopment Agency hereby
approves the Property Transfer and Development Agreement between the City/Agency
and Community College District.
Section 3. The City of Palm Springs Community Redevelopment Agency approves
the Initial Study Negative Declaration in accordance with the California Environmental
Quality Act.
Section 4. The City of Palm Springs Community Redevelopment Agency authorizes
the City Manager/Executive Director or his designee to execute all documents related to
these actions.
ADOPTED this day of , 2006.
MAYOR
ATTEST:
City Clerk
City of Palm Springs Community Redevelopment Agency
July 21, 2010
Page 3
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
James Thompson, City Clerk
City of Palm Springs, California
�M
5/17/2010
PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT FOR
WEST VALLEY CAMPUS OF COLLEGE OF THE DESERT PROJECT
THIS PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT FOR
WEST VALLEY CAMPUS OF COLLEGE OF THE DESERT PROJECT (this
"Agreement"), dated , 2010 for convenience, is made between and among THE
CITY OF PALM SPRINGS, a California Municipal Corporation(the"City"), THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY, a California Community
Redevelopment Agency("CRA"), and DESERT COMMUNITY COLLEGE DISTRICT, a
California Community College District(the"District").
RECITALS
A. The City and CRA are in the process of purchasing approximately 119.4 acres
of undeveloped real property located at the northwest corner of Indian Canyon Drive and
Tramview Drive, Palm Springs, from the United States Bureau of Land Management
("BLM").
B. Upon completion of said purchase and in accordance with this Agreement, the
City and CRA intend to transfer ownership of the approximately 119.4 acres of said real
property depicted on the attached Exhibit "A,"and with a legal description as shown on the
attached Exhibit "B" (the "Campus Site"), to the District for development of the District's
West Valley Campus ("Project").
C. The District will spend hundreds of millions of dollars to construct and implement
the Project, making the Project the one of the largest economic development projects ever
undertaken in the City. The City recognizes and appreciates that the District selected Palm
Springs over other communities as the site for the Project and that the District's selection was
based, in part, on the City's support and cooperation in the successful implementation of this
unique Project. The Project is of vital importance to the economic future of the community and it
will make the District one of the City's largest employers.
D. The Parties wish to encourage establishment of the Project in order to achieve
the following common goals:
• Encourage and support traditional higher education opportunities;
• Provide workforce training in areas critical to the local economy and local
industries, focusing on what have been called the "four pillars," i.e.,
• Hospitality and culinary arts;
• Film and media arts;
• Allied health; and
• Green and clean technology;
• Create a world-class center that promotes and supports sustainable energy and
building practices through workforce training, research and development, and
incubation of clean and green businesses and enterprises;
• Support development and implementation of renewable energy technologies, and
encourage location of renewable energy companies in Palm Springs;
• Support other economic development and cultural activities; and
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• Provide new facilities and amenities that will be available to the community for
cultural and performing arts, education, recreation, and other joint and compatible
uses, in conjunction with the City, CRA, and greater Palm Springs community.
E. Recognizing the limited amount of public funding that may be available for
the development and ongoing growth of the college, the City, CRA, and District agree that it
is appropriate for the District to seek partnerships with public and private entities as an
important means of implementing a campus master plan and achieving the common
objectives of the City, CRA, and District for the Project.
F. In addition to providing for the transfer of title to the Campus Site from the
City and CRA to the District, the Parties intend that this Agreement accomplish the
following:
• Formalize CRA's and City's financial commitments to District with respect to the
Project;
• Establish necessary parameters for City/District joint uses of the Campus Site;
• Establish parameters for campus-related uses in accordance with the center's
facilities master plan, and to affirm the District's authority to implement the plan
without further City or CRA approvals;
• Affirm the District's commitments to the Palm Springs campus, sustainable energy
park, and support of and collaboration with leading industries in Palm Springs and
the region; and
• Establish internal division of the Campus Site into multiple legal parcels to facilitate
District and partnership uses.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
EFFECTIVE DATE
This Agreement shall be effective on the date (the"Effective Date") when a fully
executed copy of this Agreement is deposited with "Escrow Holder" (as hereafter defined).
Escrow Holder is hereby instructed to immediately notify each Party to this Agreement of the
Effective Date.
ARTICLE II
TRANSFER OF UNIMPROVED PROPERTY
Subject to the terms, conditions and provisions contained in this Agreement, the City and
CRA hereby agree to transfer to the District without cost, and the District hereby agrees to accept
from the City and CRA without cost, all of the City's and CRA's right, title and interest in the
Campus Site in its unimproved condition and all rights, privileges and easements appurtenant
thereto.
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ARTICLE III
CONDITIONS AND COVENANTS
3.1 District's Conditions Precedent. The District's obligation to accept the transfer of
the Campus Site under this Agreement is subject to satisfaction, or the District's written waiver,
of the conditions precedent set forth in subsections 3.2 through 3.6 below (collectively, the
"District's Conditions"), on or before the expiration of the applicable time periods provided for
below. Unless the District timely notifies City, CRA, and Escrow Holder in writing on or before
the expiration of an applicable time period that the applicable District's Condition has not been
satisfied, then such District's Condition will be deemed to have been satisfied, approved, or
waived by the District. If,however, the District timely notifies City, CRA, and Escrow Holder in
writing that the applicable District's Condition has not been satisfied, approved, or waived, then
at any Party's option this Agreement and the Escrow will be deemed terminated and the District,
CRA, and City will not have any further obligations to the other Parties under this Agreement
(except for the Surviving Obligations). If any Party terminates Escrow in accordance with the
preceding sentence, Escrow Holder shall, without requiring any further instructions, promptly
return any documents to the Party that deposited same. For the purposes of this Agreement,
"Surviving Obligations" are those specifically delineated agreements, duties, and obligations of
one or more of the Parties to this Agreement that are expressly stated to survive the termination
of this Agreement.
3.2 The District's Due Diligence Investigation. The District has an Investigation
Period of up to 30 days (the"Investigation Period") within which to further investigate and.
research and approve or disapprove, in the District's sole and absolute discretion, the physical,
developmental, legal, and economic status and feasibility of the Campus Site for the Project. The
Investigation Period begins on the date the District receives written permission to enter the
Campus Site and undertake such inspections, reviews, examinations, and tests on the Campus
Site as the District deems necessary or desirable to investigate the physical condition of the
Campus Site (collectively, "Tests and Inspections").
To facilitate the District's investigation and analysis under this section, City and
CRA agree to (a) deliver to the District, without charge, copies of all material documents in their
possession relating to the physical condition of the Campus Site, including all soils reports,
surveys, geo-technical reports, and the like(collectively the"Data"), if any; and(b) arrange for
the District to be given written permission, at the sole risk and cost of the District, to enter the
Campus Site during the Investigation Period, on not less than 2 business days prior notice and
during normal business hours, to conduct such Tests and Inspections. City and. CRA make no
representation or warranty regarding the accuracy or completeness of the Data and the District
shall make its own analysis thereof. District shall deliver to City and CRA, without charge
therefor, the results and copies of all Tests and Inspections no later than 5 business days
fallowing District's receipt of the same.
The District shall save and hold the City and CRA free and harmless from all
claims, damages, actions and liability(including attorney's fees and costs) arising from the
conduct of District or District's Representatives in conducting the Tests and Inspections
authorized under this section, and shall keep the Campus Site free and clear of any and all liens
related to the activities of District and District's agents, employees consultants, contractors and
representatives (collectively, "District's Representatives"); provided, however, this paragraph
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does not apply to any damage or liability the City and CRA may suffer as a consequence of the
presence or discovery of Hazardous Materials (as defined below)pre-existing on the Campus
Site and in violation of environmental laws (as defined below).
The activities of District and District's Representatives entering the Campus Site in
connection with such Tests and. Inspections shall also be subject to the following:
(a) The persons or entities performing work shall have obtained all required licenses
and permits for performing the relevant work on the Campus Site prior to performing any such
work on the Campus Site. All work done by or on behalf of District shall be conducted in
compliance with all applicable laws and regulations, including laws and regulations relating to
worker safety.
(b) City and CRA shall have the right, at their sole cost and expense, to have one(1)
or more of their representatives accompany District and District's Representatives while they are
on the Campus Site.
(c) District's obligations under this section 3.2 shall survive the Closing or
termination of this Agreement.
3.3 District's Election to Terminate. If on or before expiration of the Investigation
Period the District delivers to City and CRA the District's written election to terminate this
Agreement for any reason, then Escrow Holder shall return all deposited documents to the
respective Party that deposited them and the District will pay any escrow cancellation fee (which
obligation shall survive the termination of this Agreement). This Agreement and the Escrow then
will be deemed terminated, and the District, CRA, and City will not have any further obligations
to the other Parties under this Agreement (except for the Surviving Obligations). Otherwise, the
District will be deemed to have approved the Campus Site for its Campus Project and shall
proceed with its acquisition in accordance with this Agreement.
3.4 Status of Title. Concurrently with the Effective Date, at District's cost the City
and CRA shall provide the District with a preliminary report issued by First American Title
Company(the "Title Company") as to the title condition of the Campus Site, along with copies
of all underlying title exception documents reported in the preliminary report and a copy of any
recorded map which discloses the existence of any easements reported in the preliminary report
(collectively, the"Title Report"). If District desires an ALTA survey of the Campus Site, it shall
obtain one at its sole cost within the Title Review Deadline described below. The District has 30
days from its receipt of the Title Report (the"Title Review Deadline") to approve or disapprove
the status of title to the Campus Site. If before the Title Review Deadline the District disapproves
of any of the exceptions to title shown in the Title Report or any land survey("Disapproved Title
Exceptions") it shall give written notice thereof to the City and CRA. Within 2 weeks from
receipt of said notice the City and CRA shall, in their sole and absolute, agree to cause the
Disapproved Title Exceptions to be removed from the Title Policy at the Closing, or notify the
District that they have elected not to cause said Disapproved Title Exceptions to be removed. If
no such notice is sent by the City and CRA, it shall be deemed their election to remove said
Disapproved Title Exceptions. By written notice to Escrow Holder, City, and CRA within 1
week after the District's receipt of City's and CRA's notice described in this paragraph above,
the District shall, in its sole and absolute discretion, elect to accept title including any
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Disapproved Title Exceptions or terminate this Agreement in which case City and CRA shall pay
the Escrow Holder's costs for termination of the Agreement and escrow. Failure of the District to
timely respond within said 1-week period shall be deemed the District's election to accept title
subject to said Disapproved Title Exceptions.
3.5 Title Policy. On the Closing, Title Company must be prepared to issue to District
the Title Policy. City and CRA shall not suffer any liability in connection with its failure to
remove any title exception; the District's sole remedy for City's and CRA's failure to cause the
elimination of a Disapproved Title Exception is termination of this Agreement(and City's and
CRA's payment of the Escrow Holder's costs for termination of the Agreement and cancellation
of the escrow).
3.6 CEQA Compliance. The Parties agree that compliance with the California
Environmental Quality Act("CEQA") with respect to the transfer and development of the
Campus Site, the Project, and related matters, must be achieved as specified in Article VII
below.
ARTICLE IV
ESCROW AND CLOSING
4.1 Deposits with Escrow Holder and Escrow Instructions. Escrow herein (the
"Escrow") shall be established with the Palm Springs office of Title Company("Escrow
Holder"). Upon execution of this Agreement, the Parties shall deposit an executed copy of this
Agreement with Escrow Holder. This Agreement shall serve as the instructions to Escrow Holder
to consummate the conveyance contemplated hereunder. The Parties agree to execute such
additional and supplementary escrow instructions as may be appropriate to enable Escrow
Holder to comply with the terms of this Agreement. If there is any conflict between the
provisions of this Agreement and any such supplementary escrow instructions, however, the
terms of this Agreement shall control.
4.2 Closing Date. Unless otherwise agreed by the Parties, the closing hereunder(the
"Closing") shall occur on or before fourteen(14) days after the City and CRA receive title to the
Campus Site from BLM (the "Closing Date").
4.3 Deliveries by City and CRA. On or before 1 business day prior to the
contemplated Closing Date, City and CRA shall deposit with Escrow Holder the following:
(a) A Grant Deed (the"Grant Deed") in a fonn and substance acceptable to
Escrow Holder and District, duly executed by City and CRA, and acknowledged; and
(b) Any cash, documents, or instruments called for hereunder to be paid,
executed, or delivered by City and CRA that have not previously been delivered to Escrow
Holder.
4.4 Deliveries by the District. On or before 1 business day prior to the Closing Date,
the District shall deposit with Escrow Holder the following:
(a) Immediately available funds sufficient to pay the District's portion of the
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closing costs and prorations and any other amounts payable by the District in order to permit
Escrow Holder to close the Escrow;
(b) A Certificate of Acceptance of the Grant Deed substantially in the form
attached hereto as Exhibit "C,"duly executed by District and acknowledged; and
(c) Any other cash, documents, or instruments called for hereunder to be
executed or delivered by the District that have not been previously delivered to Escrow Holder;
4.5 Other Instruments. The Parties shall each deposit any other documents or
instruments that may be reasonably required by any Party and/or Escrow Holder, or that are
otherwise required to close the Escrow and consummate the transfer of the Campus Site in
accordance with the terms hereof.
4.6 Prorations and Apportionments. The Parties assume that the Campus Site has
been and, as of the Closing, will be exempt from all real property taxes and assessments.
However, if that is not the case, then the District will be responsible to pay all delinquent real
property taxes and assessments, which must be prorated as of the Closing, on the basis of the
actual number of days during the month in which such Closing occurs,based on the most recent
official tax bills or notice of valuation available to the general public for the fiscal year in which
the Closing occurs. The Parties acknowledge that because the District is a public agency, such
taxes and assessments will terminate on the Closing and therefore such taxes and assessments, to
the extent allocable to the period following the Closing, will not be chargeable to or collected
from the District at Closing.
4.7 Escrow and Closing Costs_and Expenses. The District will pay all escrow fees,
standard Closing costs and expenses, and any non-standard Closing costs and expenses
attributable to governmental agencies, including the cost of an ALTA or CLTA Owner's policy
of title insurance. City and CRA will provide District and Title Company, without charge, with a
copy of any existing survey in the possession of the City and CRA if so requested, while District
will pay the additional cost of an ALTA survey of the Campus Site if one is needed.
4.8 Close of Escrow. Provided that(a) Escrow Holder has received the documents
and funds described in Sections 4.3, 4.4 and 4.5 above, (b) Escrow Holder has received written
notices from City, CRA, and District that all conditions precedent to the Closing have occurred
or have been waived by the applicable Party as conditions precedent, and (c) Escrow Holder has
not received written notice, from any Party, to the effect that a covenant of another Party has not
been performed, then Escrow Holder is authorized and instructed to cause the Grant Deed to be
recorded in the office of the County Recorder of the County of Riverside, California.
On the Closing Date, Escrow Holder shall promptly perform all of the following:
(a) cause the Grant Deed to be recorded in the Official Records; (b)pay the costs and apply the
prorations applicable to the Campus Site in accordance with this Agreement; and (c) cause the
Title Company to issue the District a CLTA Owner's policy of title insurance insuring the
District, in the amount of appraised value of the Campus Site, or if the Campus Site has not been
appraised as of the Closing, then in the amount of the estimated value of the Campus Site as
reasonably determined by City and CRA, which in no event shall be less than $2,000,000 (the
"Title Policy"), subject only to: (i) standard pre-printed exceptions, (ii) those exceptions to title
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described in the Title Report other than the Disapproved Title Exceptions and any mortgages,
trust deeds, and mechanic's liens not caused by District or District's Representatives, (iii) any
exceptions that would be revealed by a survey or inspection of the Campus Site, and (iv)those
exceptions permitted or caused by the District or District's Representatives. The District may
request an ALTA Owner's policy and/or any title insurance endorsements or extended coverage
from the Title Company so long as the District provides Title Company, at the District's sole
cost, with all information and instruments necessary to issue such policy and/or endorsements
and extended coverage, including an ALTA survey of the Campus Site if one is not provided by
the City and CRA, so long as the Closing is not conditioned or delayed by such request, and so
long as the District pays the additional costs of such ALTA policy, endorsements and extended
coverage, and an ALTA survey of the Campus Site if one is needed.
4.9 Notification; Closing Documents.
(a) If Escrow Holder cannot comply with the instructions herein (or as may be
provided by the Parties later), then Escrow Holder is not authorized to cause the recording of the
Grant Deed. If Escrow Holder is unable to cause the recording, Escrow Holder shall so notify the
Parties without delay.
(b) Immediately after the Closing, Escrow Holder shall deliver to each Party
all instruments and documents to which they are entitled.
ARTICLE V
REPRESENTATIONS AND WARRANTIES
5.1 The District's Representations and Warranties. The District hereby represents and
warrants to City and CRA as follows:
(a) This Agreement and all documents executed by the District that are to be
delivered to City and CRA at the Closing are, or at the time of Closing will be, duly authorized,
executed and delivered by the District. This Agreement and all documents executed by the
District that are to be delivered to City and CRA at the Closing are, or at the Closing will be,
legal, valid and binding obligations of the District, and do not, and at the time of Closing will
not, violate any provisions of any agreement or judicial order to which the District is a party or to
which the District is subject;
(b) District has the authority to own and accept conveyance of the Campus
Site;
(c) As of the Closing Date, the District will have reviewed and approved
documents related to the condition of title to the Campus Site and those documents and materials
regarding the legal and physical condition of the Campus Site as the District has deemed
necessary or reasonable; and
(d) Except as provided in this Agreement, City and CRA have made no
representations of any kind (whether oral or written, express or implied) to the District with
respect to the physical condition or entitlement status of the Campus Site, or the suitability of the
Campus Site for the Project, and/or any documentation, materials or information provided to the
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District by City and CRA and the District hereby represents and warrants to City and CRA that
the District is accepting the Campus Site solely in reliance upon the District's own investigations
and evaluation thereof.
5.2 City'_s and CRA's Representations and Warranties. City and CRA hereby
represent and warrant to the District as follows:
(a) This Agreement and all documents executed by City and CRA that are to
be delivered to the District at the Closing are, or at the time of Closing will be, duly authorized,
executed and delivered by City and CRA. This Agreement and all documents executed by City
and CRA that are to be delivered to the District at Closing are, or at the time of Closing will be,
legal, valid and binding obligations of City and CRA, and do not, and at the time of Closing will
not, violate any provisions of any agreement or judicial order to which City and CRA are parties
or to which City and CRA or the Campus Site are subject.
(b) City and CRA have the authority to own and convey the Campus Site; and
(c) City and CRA have made available to the District the Data in its
possession. City and CRA make no representation or warranty about the condition of title, the
accuracy or validity of any documents or materials made available to the District, or of the
District's right to rely on the same; and
(d) City and CRA have no knowledge of any previous activity by any party
related to the use, storage, transportation, generation, release, or introduction of any Hazardous
Materials about, on, or under the Campus Site in violation of environmental laws. The term
"Hazardous Materials" means any toxic or hazardous substance, material or waste or any
pollutant or contaminant or infectious or radioactive material regulated now under any
environmental laws. The term"environmental laws"means any federal, state or local laws,
ordinances, codes, statutes,regulations, administrative rules, policies and orders, and other
authority, existing now or in the future, which classify, regulate, list, or define hazardous
materials.
5.3 Continuation and Survival of Representations and Warranties. All representations
and warranties by the respective Parties contained herein are intended to and shall remain true
and correct as of the time of Closing, shall be deemed to be material, and shall survive the
execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title to
the Campus Site for a period of six (6)months following the Closing.
ARTICLE VI
NO RELIANCE -AS-IS; INDEMNIFICATION AND RELEASE
6.1 No Reliance---As-Is, Where Is, With All Faults. THE DISTRICT
ACKNOWLEDGES THAT,NOTWITHSTANDING THE REPRESENTATIONS AND
WARRANTIES OF THE CITY AND CRA SET FORTH IN THIS AGREEMENT, IT IS
ACQUIRING THE CAMPUS SITE IN RELIANCE SOLELY ON: (1) THE DISTRICT'S
INSPECTION OF THE CAMPUS SITE; (I1) THE DISTRICT'S INDEPENDENT
VERIFICATION OF THE TRUTH OF ANY DOCUMENTS MADE AVAILABLE TO THE
DISTRICT; (III) THE OPINIONS AND ADVICE CONCERNING THE CAMPUS SITE OF
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CONSULTANTS AND ATTORNEYS ENGAGED BY THE DISTRICT; AND (IV) THE
REPRESENTATIONS AND WARRANTIES OF CITY AND CRA EXPLICITLY SET FORTH
IN ARTICLE V ABOVE. THE DISTRICT ACKNOWLEDGES THAT BEFORE
EXPIRATION OF THE INVESTIGATION PERIOD, THE DISTRICT WILL HAVE
PERFORMED ALL OF ITS DUE DILIGENCE INVESTIGATIONS OF AND WITH
RESPECT TO THE CAMPUS SITE AS THE DISTRICT DEEMS APPROPRIATE, WHICH
ARE DESCRIBED IN SUBSECTION 3.2 ABOVE. THE DISTRICT ACCEPTS THE
UNIMPROVED CAMPUS SITE, AND ALL MATTERS RELATING TO THE
UNIMPROVED CAMPUS SITE IN THEIR "AS IS, WHERE IS, WITH ALL FAULTS"
CONDITION OR STATUS, IN ITS PRESENT STATE AND CONDITION AND WITH ALL
FAULTS, IF ANY AS OF THE CLOSE OF ESCROW. THE DISTRICT ACKNOWLEDGES
AND AGREES THAT CITY AND CRA ARE NOT MAKING, AND THE DISTRICT
DISCLAIMS AND WAIVES AND RELEASES CITY AND CRA FROM, ANY EXPRESS OR
IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER
WITH RESPECT TO THE CAMPUS SITE, EXCEPT AS EXPLICITLY SET FORTH IN
ARTICLE V ABOVE. THE DISTRICT WARRANTS AND REPRESENTS THAT IT HAS
NOT DIRECTLY OR INDIRECTLY RELIED ON ANY WARRANTY OR
REPRESENTATION OF CITY AND CRA NOT EXPLICITLY SET FORTH IN ARTICLE V
ABOVE AND WILL NOT DO SO.
6.2 Environmental Indemnification. Effective as to the Campus Site, upon the
District's acquisition of any interest in all or a portion of the Campus Site, the District shall, to
the maximum extent permitted by law, indemnify, protect, defend, assume all responsibility for
and hold harmless the City and CRA Indemnified Parties from and against all Claims resulting or
arising from or in any way connected with the existence, release, threatened release, presence,
storage, treatment, transportation and/or disposal of any Hazardous Materials at any time on, in,
under, from, about, or adjacent to any portion or portions of the campus Site, regardless of
whether any such condition is known or unknown now or upon acquisition and regardless of
whether any such condition pre-exists acquisition or is subsequently caused, created, or
occurring, provided, however, that District shall not be responsible for and such indemnity shall
not apply to the gross negligence or willful misconduct of the Indemnified Parties, This
environmental indemnity shall be binding upon any successors of the district owning all or any
part thereof in accordance with Section 6.4 of this Agreement.
6.3 Release. Save and except for the covenants,representations, and warranties of any
City or CRA Indemnified Party under this Agreement, the Releasing Party hereby waives, as of
the date of execution of this Agreement and as of the Closing Date, its right to recover from, and.
fully and irrevocably releases, the City and CRA Indemnified Parties from any and all Claims
that the District may now have or hereafter suffer or acquire for any costs, losses, liabilities,
damages, expenses, demands, actions, or causes of action: (a) arising from any information or
documentation supplied by any of the City or CRA Indemnified Parties; (b) arising from any
condition of the Campus Site, known or unknown by any City or CRA Indemnified Party; (c)
arising from any construction defects, errors, omissions, or other conditions, latent or otherwise,
including environmental matters, as well as economic and legal conditions on or affecting the
Campus Site or any portion thereof; (d) arising from the existence, release, threatened release,
presence, storage, treatment, transportation or disposal of any Hazardous Materials at any time
on, in, under, from, about, or adjacent to the Campus Site or any portion thereof; or(e)by any
governmental authority or any other third party arising from or related to any actual, threatened,
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or suspected release of a Hazardous Material on, in, under, from, about, or adjacent to the
Campus Site, or any portion thereof, including any investigation or remediation at to about the
Campus Site; provided, however, that the foregoing release by the Releasing Party shall not
apply to the extent that any Claim as described in this Section 6.3 is the result of the willful
misconduct or fraud of a City or CRA Indemnified Party arising after the Close of Escrow. This
release includes any Claim for which the District is presently unaware or which the district does
not presently suspect to exist which, if known by the District, would materially affect the
District's release to the City and CRA Indemnified Parties. The District specifically waives the
provision of California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
This release shall run with the land and bind all owners and successor owners thereof
and, to further evidence its effectiveness with respect to successor owners of the campus Site,
shall be included in its entirety in the Grant Deed.
6.4 Duration of Indemnities. The indemnities and releases set forth in this Article 6
shall survive any Closing or the termination of this Agreement, and shall be included in the
Grant Deed and continue to be binding and in full force and effect in perpetuity with respect to
the District and its successors.
ARTICLE VII
PLANNING; FINANCING; IMPROVEMENTS; TARGET SCHEDULE
7.1 Re_c_agnition of City Contributions. In consultation with the City, the District shall
ensure that the City's purchase and transfer of the Campus Site to District at no cost, other
financial contributions toward development of the Campus Site, and general support for the
Project are given prominent public acknowledgment and recognition by means of permanent
building plaques and/or monument signs on the Campus Site, in news media releases, during
groundbreaking and dedication ceremonies, on the District's website, and the like.
7.2 Academic and Facilities Master Plan. District will develop and provide City with
a description of an academic and facilities master plan for the Campus Site acceptable to City
and.CRA sufficient for inclusion in the College Park Specific Plan(described below) and that
Plan's CEQA analysis. The campus will be designed to accommodate an enrollment of at least
10,000 full-time-equivalent students, with facilities to include classroom, lecture, lab,
administrative, and other academic support facilities; parking facilities; and recreational and
athletic facilities. The description of the facilities master plan will identify these facilities at a
programmatic level, identify City joint-use opportunities, and identify the District's public-
private partnership opportunities that will be an important means of implementing the master
plan and helping the Parties achieve their common objectives for the Project. Thereafter, the
District will continue to develop and refine this master plan, subject to consultation with the City
as provided in section 7.4 below
7.3 Cooperative Planning. City, CRA, and District will work cooperatively to prepare
and implement the City's College Park Specific Plan for the Project Area. City and CRA will
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acknowledge, in appropriate regulatory documents (e.g., zoning, specific plan provisions, and a
statutory development agreement), that Education Uses may be constructed on campus without
the need for additional City and CRA approvals, recognizing that District generally is not subject
to City planning and zoning requirements,but subject to District's consultation with the City as
provided in this Article.
7.4 Anticipated. Partnership Uses. In addition to a general academic focus, the
District's proposed new Palm Springs campus will also emphasize sustainable and renewable
energy technologies and support locally vital industries. The District acknowledges that the City
is primarily responsible for business and economic development activities in the Palm Springs
community, and to the extent that the District's future partnership uses on the Campus Site
involve such activities, then the City will play an advisory role in such business and economic
development activities, as outlined below in this section. Based on this campus strategy, the
partnership uses that are anticipated on the Campus Site are as follows:
• Support retail facilities (i.e.,bookstore, food court, copy center, convenience goods and
services);
• Campus-related housing for faculty, staff, and/or students;
• Renewable energy Green Park, including solar photo-voltaic and/or other renewable
energy production facilities;
• R&D park facilities that would support academic and training programs related to
sustainable green and clean and renewable energy technologies, including potential
solar and wind power generation;
• Business development/incubator uses;
• City park and recreational uses; and
• Other potential partnership uses will be explored in the following areas:
• Hospitality, conferencing and culinary arts;
• Entertainment, film, television, and theater arts;
• Allied health uses and programs;
• Other partnerships that may evolve in the future.
The District will actively consult with designated representatives of the City regarding
proposed partnership users and uses before entering into such transactions. In addition, the
District will actively consult with the City's representatives regarding proposed changes in
existing partnership arrangements and on-going operational and performance issues that may be
of interest to the City. The District will consider in good faith all comments, questions, and
concerns raised by City's representatives concerning proposed users and uses, and attempt to
structure and/or operate its partnership transactions in ways that take such comments, questions,
and concerns into consideration.
District will consult with the City and the CRA in the preparation of its Academic and
Facilities Master Plan and shall share a preliminary draft of such plan with the City and CRA for
review and comment prior to its release to the public. District will give consideration to all
comments received from the City and the CRA on such plan. All uses of the Campus Site shall
be consistent with the CPSP.
7.5 Structure of Partnership Transactions. Partnership transactions shall be structured
as either(a) An unsubordinated ground lease of up to the maximum term allowed by law, with
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rights to improve leased parcels per approved plan, or(b) A lease of facilities offered by District
or District partner. For the benefit of the City and District, the District shall ensure that the
transactions are structured such that the users, to the maximum extent allowed by law, will be
subject to property taxes, including,but not limited to, taxes on possessory interests in portions
of the Campus Site or its facilities.
7.6 Joint Use Facilities. Pursuant to Education Code section 82537 et seq., the District
will make the Campus Site's facilities available as a"civic center"to the City, other public
agencies, community residents, organizations, clubs, and associations for recreational, cultural,
and meeting purposes. In addition, the District, City, and CRA will explore and implement joint
use agreements to ensure specific community access and support for optimal use of joint-use
recreational, athletic, cultural and performing arts, wellness/fitness, parking, and other facilities
on the Campus Site, which may include use of outdoor playing fields and courts,playgrounds,
park/open spaces, swimming pools, gymnasiums, libraries, community gardens, nature areas,
rooms for arts and crafts, and meeting places. These opportunities will be formally considered in
District's master planning process, which may be subsequent to transfer of Campus Site. To the
extent that the City agrees to fund part or all of the District's development of new park or
recreational facilities on the Campus Site with Quimby Act fees, then the parties must enter into
a joint-use and operating agreement for such facilities as a condition of such funding.
Additionally,joint-use facilities shall be subject to operating agreements that establish and
structure equitable access and benefits to the Parties. Such operating agreements shall be separate
from this Agreement and separately approved by the Parties as applicable.
7.7 Infrastructure Im rovements. The Parties will verify the extent to which the
infrastructure necessary to support the new campus is already in place, including streets, water,
sewer, and dry utilities. In the event the City determines that Sunrise Parkway is to be extended
along the northern boundary of the Property to Highway I I I on the west, then it shall be at no
cost to the District.
7.8 College Park Specific Plan. The City's College Park Specific Plan("CPSP") is
intended to promote several broad goals, including:
• Stabilization and enhancement of residential neighborhoods;
• Encouragement of sustainable energy technologies;
• Support the District vision of traditional academic programs, and additional programs
in Renewable Energy and sustainable green technologies,hospitality management,
culinary arts,performing and visual arts, and allied health services; and
• Provide the regulatory framework for the District's implementation of the various
anticipated partnership use projects, by establishing parameters for the partnership
uses in accordance with the campus site and facilities master plan description, and
affinning the District's authority to implement the plan without further City or CRA
approvals. The CPSP also will provide the basis for establishing internal division of the
Campus Site into multiple legal parcels to facilitate District and partnership uses.
7.9 CE A. The Parties agree that compliance with the California Environmental
Quality Act("CEQA") with respect to the transfer and development of the Campus Site, the
Project, and related matters, is required and will be achieved as follows:
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(a) On or before the expiration of the Investigation Period, the District's
Governing Board shall have deferred the adoption of required environmental documentation for
the transfer and development of the Campus Site as contemplated hereunder, including feasible
measures to mitigate any adverse environmental impacts of the Project, as allowed by section
15004(b)(2) of the Guidelines for the Implementation of the California Environmental Quality
Act. In connection with such deferral, the District covenants that it will not change, or suffer
third parties to change, the use of-the Campus Site from the uses in existence upon the Effective
Date to any other uses, including the Project, unless and until the District has complied with
CEQA.
(b) This Agreement and the CPSP will be subject to the requirements of
CEQA. City or CRA will serve as lead agency for this purpose, and CRA or City, and District,
will be responsible agencies. CEQA compliance with respect to the transfer of the Campus Site
from the City and. CRA to the District will be deferred until action on the CPSP,per CEQA
Guideline section 15004(b). Following adoption of the CPSP, (1) District will be the lead agency
and City and CRA will be responsible agencies, as appropriate, for implementation of the CPSP
as it relates to the development of Education Uses on the Campus Site and (2) City or CRA will
be the lead agency and CRA or City, and District, will be responsible agencies, as appropriate,
for implementation of the CPSP as it relates to the development of Additional Uses on the
Campus Site.
7.10 Additional Cif Funding. In additional to any other obligations of the City and
Agency under the terms of this Agreement, for a period beginning the fiscal year that classes
commence on the Campus Site in permanent facilities developed in accordance with the
Academic and Facilities Master Plan, the City and Agency agree to allocate to the District fifty
percent(50%) of the Base Property Tax Revenues from the Influence Area for a period of forty
(40) years.
7.11. Taxes The District and any district partner or successor shall be responsible for
and shall pay all Local Taxes applicable to transactions or activities occurring on the Campus
Site and nothing in this Agreement shall be construed as exempting or excepting in any manner
the District, a district partner, or any successor of the District from the payment of Local Taxes.
7.12 Joint Funding Efforts. District, CRA, and City will jointly seek state, federal, and
private funding for Green Park and other aspects of the Project and CPSP.
7.13 Target Schedule. CRA, City, and District will work diligently to attempt to
complete the following tasks within the listed timeframes:
• Completion and approval of Environmental Assessment and other documentation for
BLM transfer by December 2010;.
• Completion of Campus Site due diligence by District by May 2010;
• Completion and approval of this Agreement between District and City/CRA by June
2010;
• Completion of property transfer from BLM to City and/or CRA by December 2010;
• Completion of property transfer from City and CRA to District by December 2010; and
• Completion and approval of CPSP and CEQA documentation by December 2010.
Thereafter, District, and City and CRA will implement their plans for their respective
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properties as resources and opportunities become available to them for those purposes,
recognizing that all are subject to financial constraints that will dictate the scope, pace, and
timing of development of the properties. It is understood that the District intends to develop its
initial phase of the master-planned facilities on the Campus Site as soon as possible.
7.14. Application of Field Act. Notwithstanding any other provision of this Agreement,
in the event District processes plans for a particular structure (a) with the California Division of
the State Architect ("DSA"), as required or permitted under Section 81130-81149 of the
California Education Code, as it may be amended from time to time (the"Field Act"), or(b)
otherwise in compliance with the Field Act or another applicable statute or regulation that
concerns the review and approval of building plans for community college structures, then
District shall be exempt from processing such plans for a particular structure with the City.
7.15 Compliance with City Ordinances. District acknowledges that the forgoing
provisions of Section 7.14 do not limit the City's rights or obligations to exercise normal
processing, review, and approval, and collection of normal fees in connection therewith,
concerning matters not covered by Section 7.14, including, but not limited to, applications for
development entitlements of any Additional Use, plans for grading, drainage, siting of
improvements, alterations to a public right of way, circulation, parking, and utilities connection.
7.16 Working Group. To promote communication between the parties and the
cooperation and consultation provided for in this Agreement, the District and City will each
appoint representatives to a"working group" whose goal will be to facilitate the initial
implementation of the Agreement. The working group will meet as necessary and its activities
will be coordinated by a representative of the District, in concert with a designated representative
of the City. Following the initial implementation of the Agreement, the working group may
continue to play a role in promoting the parties' communication, cooperation, and consultation
with respect to the Campus Site, but with such structure and on such terms and conditions as the
District and City may agree.
Thereafter, District, and City and CRA will implement their plans for their respective
Properties as resources and opportunities become available to them for those purposes,
recognizing that all are subject to financial constraints that will dictate the scope, pace, and
timing of development of the properties. It is understood that the District intends to develop its
initial phase of the master-planned facilities on the Campus Site as soon as possible.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.1 The District's Default. The District shall be in default under this Agreement if. (a)
the District fails to perform any obligation to be performed by the District hereunder within the
time periods provided for herein, or if no time period is provided, in a timely fashion; or(b) the
District breaches or violates any representation, warranty, covenant, or undertaking of the
District contained herein, provided that the District shall have 10 business days to cure a such
default (or such longer period as is reasonably required in the exercise of due diligence, not to
exceed 20 business days), if the District commences such cure within the initial 10 business day
period) after the District receives written notice of such default from the City and CRA
("District's Default").
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8.2 Remedies for the District's Default. In the event of a District's Default that has not
been cured as provided above, and provided the City and CRA is not then in default under this
Agreement, then the City and CRA may, as the City and CRA's sole and exclusive remedies for
such District's Default, either: (a) waive the effect of such matter, provided that this Agreement
has not otherwise terminated, and proceed to consummate the Closing(provided that in no event
shall the City and CRA have the right to waive any of the District's conditions precedent
hereunder and in no event shall City and CRA be required to waive any rights relating to any
Surviving Obligations); or(b) cancel this Agreement. If the City and CRA elect to terminate this
Agreement under the preceding sentence, then City and CRA shall be entitled to return of any
documents supplied or deposited, the District shall pay any escrow cancellation fee arising from
such termination, and the Parties shall have no further obligations hereunder except for the
Surviving Obligations.
8.3 The City and CRA's Default. The City and CRA shall be in default under this
Agreement if. (a) the City and CRA fail to perform any obligation to be performed by the City
and CRA hereunder within the time periods provided for herein, or if no time period is provided,
in a timely fashion; or (b) the City and CRA breach or violate any representation, warranty,
covenant, or undertaking of the City and CRA contained herein, provided that the City and CRA
shall have 10 business days to cure such default(or such longer period as is required in the
exercise of due diligence, not to exceed 20 business days, if the City and CRA commence such
cure within the initial 10 business day period) after the City and CRA receive written notice of
such default from the District("City and CRA's Default").
8.4 Remedies for the City and CRA's Default. In the event of a City and CRA's
Default that has not been cured as provided above, and provided the District is not then in default
under this Agreement, then the District may, as the District's sole and exclusive remedies for
such City and CRA's Default either: (a) waive the effect of such matter,provided that this
Agreement has not otherwise terminated, and proceed to consummate the Closing(provided that
in no event shall the District have the right to waive any of the City and CRA's conditions
precedent hereunder and in no event shall District be required to waive any rights relating to any
Surviving Obligations); (b) cancel this Agreement; or(c)provided that this Agreement has not
otherwise been terminated, bring as appropriate action for specific performance or other
equitable remedies for enforcement of this Agreement. If the District elects to terminate this
Agreement under the preceding sentence, then District shall be entitled to return of any
documents supplied or deposited, the City and CRA shall pay any escrow cancellation fee arising
from such termination, and the Parties shall have no further obligations hereunder except for the
Surviving Obligations.
8.5 Mediation Require . Except as provided herein, no civil action with respect to
any dispute, claim, or controversy arising out of or relating to this Agreement may be
commenced until the matter has been submitted to non-binding mediation. Any Party may
commence mediation by providing to the other Parties a written request for mediation, setting
forth the subject of the dispute and the relief requested. The Parties will cooperate with one
another in selecting a mediator and in scheduling the mediation proceedings. If the Parties are
unable to agree upon a mediator, then JAMS shall select one from its panel of neutrals serving
the Riverside County area. The Parties covenant that they will participate in the mediation in
good faith, and that they will share equally in its costs. All offers, promises, conduct and
statements, whether oral or written, made in the course of the mediation by any of the Parties,
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their agents, employees, experts and attorneys, and by the mediator, are confidential, privileged
and inadmissible for any purpose, including impeachment, in any litigation or other proceeding
involving the Parties, provided that evidence that is otherwise admissible or discoverable shall
not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Any
Party may seek equitable relief prior to the mediation to preserve the status quo pending the
completion of that process. Except for such an action to obtain equitable relief, no Party may
commence a civil action with respect to the matters submitted to mediation until after the
completion of the initial mediation session, or 45 days after the date of filing the written request
for mediation, whichever occurs first. Mediation may continue after the commencement of a
civil action, if the Parties so desire. The provisions of this subsection may be enforced by any
Court of competent jurisdiction, and the Party prevailing in the matter shall be entitled to an
award of all costs, fees, and expenses, including attorneys' fees, pursuant to section 9.7 below.
ARTICLE IX
MISCELLANEOUS
9.1 Notices. Any communication, notice or demand of any kind that any Party may be
required or may desire to give to or serve upon the other shall be in writing, addressed to the
Parties at the addresses set forth below, and delivered by personal service, by overnight delivery
service,by facsimile transmission, or by registered or certified mail, postage prepaid, return
receipt requested:
If to City and CRA: The City of Palm Springs
Palm Springs City Hall
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
Facsimile No.: (760) 323-8207
With a Copy to: Douglas C. Holland, City Attorney
c/o Woodruff, Spradlin& Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Facsimile No.: (714) 415-1142
If to District. Desert Community College District
43-500 Monterey Avenue
Palm Desert, CA 92260
Attention: President
Facsimile No.: (760) 341-8678
With a Copy to: Jerome M. Behrens, Esq.
Jeffrey L. Kuhn, Esq.
Lozano Smith, Attorneys at Law
7404 N. Spalding Avenue
Fresno, CA 93720
Facsimile No.: (559) 261-9366
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If to Escrow Holder: First American Title Company
250 E. Palm Canyon Drive
Palm Springs, CA 92264
Attention: Lynae Rendon
Facsimile No.: 866-623-4204
Any such notice shall be deemed delivered as follows: (a) if personally delivered,
the date of delivery to the address of the person to receive such notice; (b) if sent by overnight
delivery service, the date of delivery to the address of the person to receive such notice; (c) if
sent by facsimile transmission, the date transmitted to the person to receive such notice if sent by
5:00 p.m. California time, and the next business day if sent after 5:00 p.m. California time; or(d)
if mailed, three(3) calendar days after depositing same in the mail. Any notice sent by facsimile
transmission must be confirmed by personally delivering or mailing a copy of the notice sent by
facsimile transmission. Any Party may change its address or the addressee for notice by written
notice given to the other parties at least five(5) calendar days before the effective date of any
such change in the manner provided in this Section.
9.2 Successors and Assigns. The City and CRA's rights and obligations under this
Agreement may not be assigned, delegated, encumbered or otherwise transferred, whether
voluntarily or involuntarily, or by operation of law or otherwise, without the prior written
consent of the District, which consent shall be at the sole and absolute discretion of the District.
The District's rights and obligations under this Agreement may not be assigned, delegated,
encumbered or otherwise transferred, whether voluntarily or involuntarily, or by operation of law
or otherwise, without the prior written consent of City and CRA, which consent shall be at the
sole and absolute discretion of the City and CRA. This Agreement shall be binding upon, and
shall inure to the benefit of, the Parties hereto and their respective heirs, administrators and
permitted successors and assigns.
9.3 Amendments. This Agreement may be amended or modified only by a written
instrument executed by City, CRA, and the District.
9.4 Intep2retation. Words used in the singular shall include the plural, and vice-versa,
and any gender shall be deemed to include the other. The captions and headings of the Articles
and Sections of this Agreement are for convenience of reference only, and shall not be deemed to
define or limit the provisions hereof. Each Party acknowledges that such Party and its counsel,
after negotiation and consultation, have reviewed and revised this Agreement. As such, the terms
of this Agreement shall be fairly construed and the usual rule of construction, to the effect that
any ambiguities herein should be resolved against the drafting Party, shall not be employed in the
interpretation of this Agreement or any amendments, modifications or exhibits hereto or thereto.
9.5 Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of California.
9.6 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties hereto and supersedes all prior and contemporaneous negotiations, discussions,
representations, statements, documents, understandings and agreements, whether oral or written,
express or implied, with respect to the subject matter hereof, including,but not limited to, all
prior letters of intent and correspondence between the Parties.
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9.7 Attorneys'Fees and Costs. If any Party brings any suit or other proceeding with
respect to the subject matter or the enforcement of this Agreement, the prevailing party(as
determined by the court, agency or other authority before which such suit or proceeding is
commenced), in addition to such other relief as may be awarded, shall be entitled to recover
attorneys' fees, expenses and costs of investigation actually incurred. The foregoing includes, but
is not limited to, attorneys' fees, expenses and costs of investigation incurred in appellate
proceedings, costs incurred in establishing the right to indemnification, or in any action or
participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the
Bankruptcy Code(1 I United States Code Sections 101 et seq.), or any successor statutes.
9.8 Time of the Essence. Time is of the essence of this Agreement.
9.9 No Waiver. No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by
the Party making the waiver.
9.10 Further Acts. Each Party, at the request of the other, shall execute, acknowledge
(if appropriate) and deliver whatever additional documents, and do such other acts, as may be
reasonably required in order to accomplish the intent and purposes of this Agreement.
9.11 Exhibits. Exhibits to this Agreement attached hereto are incorporated herein by
reference.
9.12 Brokerage Commissions. Each Party represents and warrants that it has not dealt
with any real estate broker, consultant, finder, or agent in connection with this Agreement. Each
Party hereby indemnifies and holds harmless the other Parties against and from any and all
claims for any brokerage commissions and all Claims in connection therewith arising from any
breach by such Party of the foregoing representation and warranty. Each Party shall be
responsible for compensating its own officers, employees, consultants, and attorneys for their
services in this transaction.
9.13 No Intent to Benefit Third Parties. The Parties do not intend by any provision of
this Agreement to confer any right, remedy, or benefit upon any third party, and no third party
shall be entitled to enforce or otherwise shall acquire any right, remedy or benefit by reason of
any provision of this Agreement.
9.14 Performance Due on Day other than Business Day. If the time period for the
performance of any act called for under this Agreement expires on a Saturday, Sunday, or any
other day on which banking institutions in the State of California are authorized or obligated by
law or executive order to close (a "Holiday"), the act in question may be performed on the next
succeeding day that is not a Saturday, Sunday or Holiday.
9.15 Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, and each such other term and
provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
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9.16 Approvals, Reasonableness. Except when this Agreement specifically authorizes
a Party to withhold its approval or consent in its sole and absolute discretion, when any Party
shall require the approval or consent of another Party in fulfilling any covenant, provision, or
condition set forth herein, such approval or consent shall not be unreasonably withheld,
conditioned, or delayed by the Party from whom such approval or consent is sought.
9.17 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to constitute an original, but all of which, when taken together, shall
constitute one and the same instrument, with the same effect as if all of the Parties to this
Agreement had executed the same counterpart. Facsimile signatures shall be binding upon the
City and CRA, District, and the Escrow Holder.
ARTICLE X
DEFINITIONS
For the purpose of this Agreement, the following capitalized terms shall have the
meaning set forth as follows:
"Additional Use" or"Additional Uses"means uses permitted or otherwise allowed under the
terms of the Specific Plan but which are not"Education Uses" as that term is defined in this
Agreement.
"Base Property Tax Revenues"means the property tax revenues allocated to the City and
Agency for each fiscal year beginning with the fiscal year that classes commence on the Campus
Site in excess of property tax revenues allocated to the City and Agency during the fiscal year
prior to the fiscal year in which classes commence on the Campus Site.
"BLM"means the United States Bureau of Land Management.
"Campus Site" means the approximately 119.4 acres of undeveloped real property depicted on
Exhibit "A"to this Agreement.
"City"means the City of Palm Springs, California, a California Charter City.
"City and CRA Indemnified Parties"means the City, CRA, and their respective officers, elected
officials, employees, agents, attorneys, affiliates, representatives, contractors, successors, and
assigns.
"Claim" or"Claims"means any and all claims, actions, causes of action, demands, orders, or
other means of seeking or recovering losses, damages, liabilities, costs, expenses (including
attorneys' fees, fees of expert witnesses, and consultants' and court and litigation costs), fines,
penalties, liens, taxes, or any type of compensation whatsoever, direct or indirect, known or
unknown, foreseen or unforeseen.
"Closing" and"Closing Date" shall have the meanings provided in Section 4.2 of this
Agreement.
"CRA" or"Agency"means the Community Redevelopment Agency of the City of Palm Springs,
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a California Community Redevelopment Agency.
"Data"means all material documents in the possession of the City or the CRA relating to the
Campus Site, including without limitation soil reports, surveys, and geo-technical reports.
"District"means the Desert Community College District, a California Community College
District.
"District's Conditions"means the conditions precedent to acceptance of the transfer of the
Campus Site as set forth in subsections 3.2 through 3.4 of this Agreement.
"Education Uses"means the District's West Valley Campus, an education oriented development
which may include traditional and non-traditional advanced education, adult education,
continuing education, vocational,job and educational training, or other educational and training
opportunities, including, but not limited to,programs in renewable energy and sustainable green
technologies, hospitality management, culinary arts,performing and visual arts, and allied health
services;joint use facilities between the District, and City or other governmental agencies,
including,but not limited to, those shown in Section 7.6 above; as well as accessory uses when
customarily associated with and subordinate with the educational uses listed above that would
include, but not necessarily limited to dormitory/student/faculty/staff apartment housing; minor
support commercial, office, and retail services uses including without limitation food services;
bookstores, copy centers, convenience goods and services, administrative offices; a post office;
medical/dental clinics; laboratories and office facilities used for basic and applied research,
testing, and consulting; industrial/commercial business development uses and incubators which
support educational programs or provide educational opportunities; maintenance facilities,
structures, and storage facilities; guard houses, gates, and other security facilities and structures;
renewable energy green park, including solar photo-voltaic and/or other renewable energy
production facilities; research and development park facilities that would support academic and
training programs, including potential solar and wind power generation; and energy conservation
facilities, as defined in Chapter 3.2 (commencing with Section 4217.10) of Division 5 of Title 1
of the Government Code, as it may be amended from time to time.
"Effective Date"means the date a fully executed copy of this Agreement is deposited with the
Escrow Holder.
"Grant Deed" means the instrument conveying the City's interest in the Campus Site to the
District as provided in Article IV of this Agreement.
"Influence Area" means Planning Areas 1, 3, and 5 as shown in the CPSP, as depicted on
Exhibit "D"to this Agreement).
"Investigation Period"the 30 day period for the District to investigate and research and approve
or disapprove the physical, developmental, legal, and economic status and feasibility of the
Campus Site for the Project as provided in Section 3.2 of this Agreement.
"Project Area" means the 119.4 acres the City and CRA intend to purchase from BLM, the 17.6
contiguous acres already owned by City, and the surrounding area, including the "Influence
Area" all as depicted on Exhibit "E"to this Agreement.
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"Releasing Party"means the District or any person claiming by, through, or under the District,
including all voluntary and involuntary successors of the District owning all or any portion of the
Campus Site.
"Surviving Obligations"means the specifically delineated agreements, duties, and obligations of
one or more of the Parties to this Agreement that are expressly stated to survive the termination
of this Agreement.
"Tests and Inspections" means the inspections, reviews, examinations, and tests on the Campus
Site as described in Section 3.2 of this Agreement.
"Title Company," "Title Report," "Title Review Deadline," and "Disapproved Title Exceptions"
shall have the meanings provided in Section 3.4 of this Agreement.
"Title Policy"means the CLTA Owner's policy of title insurance as provided in Section 4.8 of
this Agreement.
THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING ONLY UPON
EXECUTION AND DELIVERY HEREOF BY THE DISTRICT, CITY, AND CRA,
EXECUTION
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the date
first written above.
City: THE CITY OF PALM SPRINGS
Fli &S T
By: _.
Steve Pougnet,Mayor n":ps �ttk>rnc
CRA: THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY
By:
Steve Pougnet, Chairman
District: DESERT COMMUNITY COLLEGE DISTRICT
By:
Jerry R. Patton, President
CONSENT AND ACCEPTANCE OF ESCROW HOLDER:
The undersigned consents to and accepts the instructions set forth in the above Property Transfer
and Development Agreement for West Coachella Valley Community College Project.
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First American Title Company
By:
Its:
Exhibits
A Campus Site Depiction
B Legal Description of Campus Site
C Form of Certificate of Acceptance
D Influence Area Depiction
E Project Area Depiction
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EXHIBIT"A"
CAMPUS SITE DEPICTION
[To be added from Term Sheet]
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EXHIBIT "B"
LEGAL DESCRIPTION OF CAMPUS SITE
119.37 Gross acres of vacant land at the north northwest corner of Tramview
Road and Indian Canyon Drive, Palm Springs, Riverside County, California
The Riverside County Assessor identifies the subject property as follows:
Map Book 669; Page 330; Parcel 029
The public lands proposed for sale are described as lot 7 in section 34, Township
3 South, Range 4 East, San Bernardino Base and Meridian, according to the
supplemental plat accepted by the US Bureau of Land Management on March
29, 2010.
34
5/17/2010
EXHIBIT"C"
FORM OF CERTIFICATE OF ACCEPTANCE
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This is to certify that the interest in Real Property conveyed by Grant Deed dated ,
from THE CITY OF PALM SPRINGS, a California Municipal Corporation,to DESERT COMMUNITY
COLLEGE DISTRICT, a California Community College District, is hereby accepted by Jerry R. Patton,
President, on behalf of the DESERT COMMUNITY COLLEGE DISTRICT,pursuant to the authority conferred
upon him by the Board of Trustees on , and the DESERT COMMUNITY COLLEGE
DISTRICT,as Grantee, consents to recordation of the Grant Deed by its duly authorized officer,Jerry R. Patton,
President of the DESERT COMMUNITY COLLEGE DISTRICT.
DATED: DESERT COMMUNITY COLLEGE DISTRICT,
a California Community College District
By:
Jerry R.Patton,President
[Attach Notary Acknowledgment for Recording]
C-1
COD Alement(2)
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EXHIBIT"D"
INFLUENCE AREA DEPICTION
[To be added]
D-1
COD Agrge7nt(2)
5/17/2010
EXHIBIT"E"
PROJECT AREA DEPICTION
[To be added]
E-1
COD Alc8ent(2)
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INITIAL STUDY/NEGATIVE DECLARATION/PAGE 1
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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Project Title: College of the Desert West Valley Campus Property Transfer
and Develop meat A reement COD WVC PTDA
Case No. INSERT CASE NO.5.1232
Assessor's Parcel No. 669-330-029, 669-330-025
Lead Agency Name and City of Palm Springs
Address: 3200 E.Tahquitz Way
Palm S rin s, California 92262
Project Location: The site is located in the northern portion of Palm Springs, north
of Tramview Road, east of Highway 1 11,south of the Chino
Creek levee, and west of Indian Canyon Drive. (See Exhibit 1,
Regional Location Map, Exhibit 2, Project Vicinity Map and
Exhibit 3,Subject Property)
1
Project 5ponsor's Name and City of Palm Springs
Address: 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
General Plan Desi nations : School
Zoning: R-1-C
Contact Person: Craig A. Ewing, AICP
Phone Number: 760 323-8245
Date.Prepared June 2010
Description of the Project
The proposed project is a Property Transfer and Disposition Agreement (PTDA) between the City of Palm
Springs (City) and the Desert Community College District (District).California Government Code Sections
65864-65869.5 authorize local jurisdictions to establish PTDAs with developers to ensure a development
process that is equitable and efficient for the local jurisdiction, the project applicant and the public.
The PTDA between the City and the District allows for the transfer of approximately 1 19,4±acres of land,
establishes land uses, development standards, applicable conditions, restrictions and requirements for
subsequent discretionary actions.The PTDA also establishes construction timelines, specifies construction
phasing,and establishes funding mechanisms for the implementation of the project.
The development of the site will be governed by the College Park Specific Plan currently under
development, which will detail project improvements, building locations and development standards
and guidelines for the site. The details of the Specific Plan are not known at this time, and it will be
accompanied by its own, specific environmental review under CEQA. Development of 'the subject
property will also be guided by the future COD West Valley Campus Master Plan,which will tier off of the
College Park Specific Plan.
i
INITIAL STUDY/NEGATIVE DECLARATION/IMAGE 2
Environmental Setting and Surrounding Land Uses
The subject property is located immediately south of the Whitewater River Floodplain.The site is currently
largely vacant,with the exception of two Desert Water Agency well sites bordering Indian Canyon Drive
on the eastern edge of the site. Surrounding land uses include:
North: Chino Creek/Whitewater River flood control levee and vacant lands within the CV MSHCP
Whitewater Floodplain Conservation Area.
East: Indian Canyon Drive. beyond which are vacant lands, with residential development to the
southeast.
South: lames O. Jessie Highland Unity Center/Desert Highland Park and residential development
associated with the Mountain Gate, Desert Highland and Desert Highland Estates neighborhoods, as
well as commercial and industrial development.
West: Highway 111, beyond which are alluvial fans and foothills of the San Jacinto Mountains.
Other public agencies whose approval Is required
Desert Community College District
I
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project,as indicated
by the checklist and corresponding discussion on the following pages.
❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
Hazards & Hazardous
❑ Materials ❑ Hydrology/Water Quality El Land Use/Planning
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/
Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of 5ignificance
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Planning.&Rtsearch.Inc. Property Transfer &Development Agreement
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INITIAL STUDY/NEGATIVE DECLARATION/PAGE 6
i
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DETERMINATION: The City of Palm Springs Planning Department
On the basis of this initial evaluation:
® I find that the proposed project COULD NOT have a significant effect on the environment, and a
i 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 etfect 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.
Plan e ' Signature Date
r A. wing, AIC
Ci y of Palm Spa
45
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 7
i
PURPOSE OF THIS INITIAL STUDY
This initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the
College of the Desert West Valley Campus Property Transfer and Development Agreement (hereinafter
referred to as the "COD WVC PTDA, or PTDA") project, as proposed, may have a significant effect upon
the environment. Based upon the findings contained within this report, the Initial Study will be used in
isupport of the preparation of a Mitigated Negative Declaration.
EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
' supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based on
project-specific factors as well as general standards (e.g., the project will not expose sensitive
receptors to pollutants, based on project-specific screening analysis).
2) All answers must take into account the whole action involved, including offsite 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: Potentially Significant Unless Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to
a"Less Than Significant Impact."The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level mitigation measures from Section
XVII,"Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated;' describe the mitigation measures which were incorporated or refined
from the earlier document and the extent to which they address site-specific conditions
for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans,zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) The explanation of each issue should identify:
a) The significance criteria or threshold,if any,used to evaluate each question: and
b) The mitigation measure identified,if any, to reduce the impacts to less than significance.
4C
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 9
and sparse vegetation. No historic buildings are located on the site. The future development of
the site will be governed by a Specific Plan, which has not yet been completed. The Specific
Plan, including the proposed campus master plan, will be subject to City review and conditions
j of approval,and potential impacts will be analyzed in detail in the Specific Plan EIR.
1
C) No Impact. The proposed PTDA will have no impact on the visual character of the area. The
future development of the site will be governed by a Specific Plan and campus master plan
which have not yet been completed. The Specific Plan, including the proposed campus master
plan, will be subject to City review and conditions of approval, and potential impacts will be
i analyzed in detail in the Specific Plan EIR.
d) No Impact. The proposed PTDA will have no impact on light and glare. The site is primarily
vacant desert land which generates no light or glare. The PTDA will not change that condition.
The future development of the site will be governed by a Specific Plan and campus master plan
which have not yet been completed. The project will be required to comply with Zoning
Ordinance Section 93,21.00, Outdoor Lighting Standards. The Specific Plan, including the
proposed preliminary campus master plan, will be subject to City review and conditions of
approval, and potential impacts will be analyzed in detail in the Specific Plan EIR.
i
4Y
j INITIAL STUDY/NEGATIVE DECLARATION/PAGE 11
Ill. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air
f pollution control district may be relied upon to make the following determinations.
Potentially
Potentially Significant Less Than No
Significant Unless Significant Impact
Impact Mitigation Impact
i Would the ro'ect: Incorporated
a) Conflict with or obstruct implementation of ❑ ❑ ❑
the applicable air quality plan?
b) violate any air quality standard or contribute
substantially to an existing or projected air ❑ ❑ ❑
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air ❑ ❑ ❑
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d) Result in significant construction-related air ❑ ❑ ❑
quality impacts?
e) Expose sensitive receptors to substantial ❑ ❑ ❑
pollutant concentrations?
f) Create objectionable odors affecting a ❑ ❑ ❑
substantial number of people?
g) Generate greenhouse gas emissions either
directly or indirectly that may have a ❑ ❑ ❑
significant impact on the environment?
h) Conflict with on applicable plan, policy or
regulation adopted for the purpose of ❑ ❑ ❑
reducing the emissions of greenhouse
gases?
Sources: "City of Palm Springs General Plan",adopted October 2007; "state and Federal Ambient Air
Quality Standards," California Air Resources Board, March 2008;"CEQA Air Quality Handbook",
prepared by South Coast Air Quality Management District, November 1993.
Setting
The City and the project site are located in the Salton Sea Air Basin (SSAB). The South Coast Air Quality
Management District (SCAQMD) is responsible for establishing air quality measurement criteria and
relevant management policies.for the SSAB..and.neighboring air basins.
There are several SCAQMD air quality monitoring stations at various locations in the SSAB, including one
station in Palm Springs and another in Indio. These stations monitor criteria pollutants, or contaminants
for which the state and federal air quality standards have been established. They include ozone,
48
INITIAL STUDY/{NEGATIVE DECLARATION/PAGE 13
` Sulfur Dioxide(S02):When high-sulfur content fuels such as coal and petroleum are burned for such uses
as motor vehicle fuel combustion, chemical manufacturing plants and sulfur recovery plants, sulfur
dioxide is produced. Sulfur dioxide is a colorless, pungent, extremely irritating gas that can result in
airway constriction and severe breathing difficulties in asthmatics. High levels of exposure can cause
fluid accumulation in the lungs and lung tissue damage.
! Particulate Matter (PMio and PM2.5): Suspended particulate matter consists of fine, suspended particles
( of soil and mineral dust, soot and smoke, and aerosols, many of which are by-products of fuel
combustion, tire wear, and natural wind erosion. As previously noted, particulate matter of ten microns
or smaller in diameter is referred to as PMio, and particles smaller than 2.5 microns comprise PM2.5.
PMio and PM2.5 may be generated by direct particle erosion and fragmentation associated with the
natural process of sand migration, as well as grading and other activities associated with construction.
Eroded particles may be further broken down by motor vehicles on roadways, where they are re-
suspended in the air. Elevated PM levels are associated with an increase in respiratory infections and
occurrences of asthma attacks. The elderly, children, and adults with respiratory or cardiovascular
disease are most susceptible to the effects of suspended particulate matter.
Lead: Lead occurs in the atmosphere as particulate matter resulting from the manufacturing of
batteries, paint, ink, and ammunition. In recent years, the elimination of leaded gasoline has reduced
hazards associated with airborne lead. Exposure to lead can result in anemia, kidney disease,
gastrointestinal dysfunction, and neuromuscular and neurological disorders.
Air quality is generally evaluated based on Federal and State air quality standards and regulations and
guidelines developed by individual air quality management districts. Mobile sources of air pollutants are
primarily controlled through Federal and State agencies, while stationary sources are regulated by the
SCAQMD.
Development in the City is subject to the 2007 Air Quality Management Plan (2007 AQMP) and the 2003
Coachella Valley PMio State Implementation Plan (2003 CVPMio SIP). The AQMP establishes a
comprehensive program to bring Palm Springs and the other areas within its jurisdiction into compliance
with Federal and State air quality standards. CEQA requires that projects be consistent with the
applicable AQMP.
Daily significance thresholds for operational and construction-related emissions, as established by
SCQAMD, are shown in Table III-2.
TABLE 111-2
EmissloNs SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY
Poflufa6fJ.; p'. RpG ;`: NOx SOX PM,tn
Operational Emissions
Pounds/Day 550 55 55 150 150
Construction Emissions
Pounds/D2 550 75 100 150 150
Source: SCQAMD, CEQA Air Quality Handbook, November 1993
Projects In the Coachella Valley with peak (highest daily) operotion-related emissions that exceed any
of these emissions thresholds should be considered significant.
a) No Impact. As previously discussed, the site addressed by the proposed PTDA is within the jurisdiction
of the South Coast Air Quality Management District (SCAQMD). Therefore,.development at the site
will be governed by the 2007 AQMP and the 2003 CVPMio SIP. The PTDA, however, will have no
impact on air quality management planning.The proposed PTDA would not conflict or obstruct the
current SQAMD Plan, nor will it result in impacts to any air quality standard or contribute to an
existing or projected air quality violation.The future development of the site, which will be subject to
a Specific Plan,will be reviewed under CEQA when the Specific Plan is prepared.
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 15
I
IV. BIOLOGICAL RESOURCES Potentially
Potentially Significant Less Than No
Would the project: Significant Unless Significant impact
i
Impact Mitigation Impact p
Incorporated
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or ❑ ❑ ❑
regional plans, policies, or regulations, or by
the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional ❑ ❑ ❑
plans, policies, or regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
E (including, but not limited to, marsh, vernal ❑ ❑ ❑
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native ❑ ❑ ❑
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources, ❑ ❑
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other ❑ ❑ ❑
approved local, regional, or state habitat
conservation plan?
Sources: City of Palm Springs General Plan, adopted by the Palm Springs City Council October, 2007
(Figure 5-2, "Biological Sensitivity & Conservation Areas"); "Final Recirculated Coachella Valley Multiple
Species Habitat Conservation Plan and Natural.Community Conservation Plan and Associated Santa
Rosa and San Jacinto Mountain Trails Plan," prepared by the Coachella Valley Association of
Governments, September 2007. Figure. 471 1 a: Whitewater .Floodplain Conservation.. Area; "Draft
Environmental Impact Statement for the California Desert Conservation Area Plan Amendment for the
Coachella Valley," prepared by the U.S. Department of the Interior Bureau of land Management, June
2002
INITIAL STUDY/NEGATIVE DECLARATIONRAGE 17
V. CULTURAL RESOURCES Potentially
Potentially Significant Less Than No
Significant Unless Significant Impact
Would the project• Impact Mitigation Impact
• Incor orated
a) Cause a substantial adverse change in the
i significance of a historical resource as defined ❑ ❑ ❑ 21
in 15064.5?
j b) Cause a substantial adverse change in the
significance of an archaeological resource ❑ ❑ ❑
pursuant to 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique ❑ ❑ ❑
geologic feature?
d) Disturb any human remains, including those ❑ ❑ ❑
interred outside of formal cemeteries?
Sources: City of Palm Springs General Plan, adopted by the Palm Springs City Council October, 2007;
Figure 5-5, Cultural Resources: Prehistoric; Figure 5-6, Cultural Resources: Historic Archaeology
Seffing
Most of the City has not been surveyed for prehistoric or historic archaeological resources. Portions of
the City are within the Traditional Use Area of the Agua Caliente Band of Cahuillo Indians, and the
potential for discovery of cultural resources exists. The downtown area of Palm Springs contains multiple
state and locally significant historic resource sites, including structures such as homes, hotels and other
buildings.
The City and its Sphere of Influence contain numerous areas mapped as "general known areas of
historic archaeological sites," the nearest of which is mapped one mile west of the subject site, on the
northeast side of Highway 1 11.
There are two pre-historic archaeological districts listed on the National Register of Historic Places in the
City of Palm Springs. The site is located several miles north of either of these districts.
The site is located within ancestral territories of the Agua Caliente Band of Cahuilla Indians, and within
one mile of two archaeological resources sites identified on the Agua Caliente Register.
There are no State-designated Historic landmarks in the City under the California Register of Historic
Resources program. There are four sites that are State-designated Points of Historic Interest within the
City. None of these are located on-site or in the site vicinity.
The site is located outside of any area considered likely to contain pre-histo(c cultural resources as
mapped in the Palm Springs General Plan. An area mapped as "likely to have isolated milling features,
sparse lithic scatters, and occasional pottery" occurs approximately one mile to the southwest of the
site, on the southwest side of Highway 1 11.
Discussion of Impacts
a)-b) No Impact. Approval of the PTDA will have no impact on either historic or archaeological
resources.There are no structures other than two DWA well sites that occur on the PTDA site.The
5 1
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 19
VI. GEOLOGY AND SOILS Potentially
Potentially Significant Less Than Na
j Significant Unless Significant Impact
Would the project: Impact Mitigation Impact
Incorporated
a) Expose people or structures to potential
j 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) 5elsmic-related ground failure, including ❑ ❑ ❑
19
liquefaction?
iv) Landslides? ❑ ❑ ❑
b) Result in substantial soil erosion or the loss of ❑ El
❑
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in ❑ ❑ ❑ IR
on- or off-site landslide, lateral spreading,
subsidence,liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-8 of the Uniform Building Code ❑ ❑ ❑
CK
(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative ❑ ❑ ❑
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
Sources: "Palm Springs General Plan," approved October 2007; "Tentative Tract 28507 NEC North Palm
Canyon Drive and Gateway Drive, Palm Springs California" prepared by Sladden Engineering, October
2002; "Geotechnical Investigation, Proposed Residential. Tract, Mountain Gate West, Palm Springs,
California," prepared by Sladden Engineering, August 2003; "Soils Survey of Riverside County, California,
Coachella Valley Area," U.S. Soil Conservation Survey,September,.1980.
Setting: The City and project site,are located in a seismically active region, in proximity to major fault
systems with high earthquake-recurrence rates. Based on mapping prepared for the General Plan, the
site is located approximately 1.5 miles southwest of the Garnet Hill Fault, and approximately 1 mile
southeast of the South Pass Fault. It is approximately 4 miles south of the Banning Pass Fault. The site is
outside any Alquist-Priolo Earthquake Fault Zone as designated by the State Geologist.
__ 52
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 21.
i
VII_ HAZARDS AND HAZARDOUS MATERIALS Potentially
Potentially Significant Less Than No
E Significant Unless Significant Impact
Would the project: Impact Mitigation Impact
Incorporated
a) Create a significant hazard to the public or the
environment through the routine transport, use, ❑ ❑ ❑
or disposal of hazardous materials?
I
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
I upset and accident conditions involving the ❑ ❑ ❑
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or ❑
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as ❑ ❑ ❑
a result, would it create a significant hazard to
the public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or ❑ ❑
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety ❑ ❑
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or ❑ ❑ ❑ to
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?
Sources: "City of Palm Springs General Plan," adopted October 2007; City of Palm Springs Draft
Environmental Impact Report Update," adopted October 2007
�A
i
INITIAL STUDY/NEGATIVE DECLARATION/23
i
VIII. HYDROLOGY AND WATER QUALITY Potentially
Potentially Significant Less Than No
f( Significant Unless Significant Impact
k Would the project• Impact Mitigation Impact
j Incorporated
I
j a) Violate any water quality standards or waste ❑ ❑ ❑
i discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the ❑ ❑ ❑
production rate of pre-existing nearby wells
would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or ❑ ❑ ❑
river, in a manner which would result in
substantial erosion or siltation on-or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or ❑ ❑ ❑
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on-or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or ❑ ❑ ❑
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water ❑ ❑ ❑
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? (Source:
h) Place within a 100-year flood hazard area
structures which 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 the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow8 ❑ ❑ ❑
54
INITIAL STUDY/NEGATIVE DECLARATION/25
i
c)-e) No impact. Approval of the proposed PTDA will have no impact on storm water or drainage.
Development on the site will be governed by a Specific Plan and campus master plan, which
will establish the intensity and location of uses. Development facilitated by the proposed PTDA
will result in construction of structures and other elements of the built environment, thus
increasing impervious surfaces and altering existing drainage conditions. The site is located
outside of a 100-year flood zone,as mapped in the City General Plan, and immediately south of
the Chino Canyon/Whitewater levee. An area mapped as 100-year flood where base flood
elevations have been determined occurs north of the levee. The proposed project will be
i subject to City requirements for stormwater management and improvements, including any
( required retention or detention structures, and payment of applicable impact fees to off-set the
i cost of improvements to existing regional or local stormwater management facilities. The
f� Specific Plan will include an EIR, which will address the specific impacts of proposed
! development when they are known.
f) No Impact. Approval of the proposed PTDA will have no impact on water quality. Development
on the site will be governed by a Specific Plan and campus master plan, which will establish the
intensity and location of uses. The Specific Plan will include an EIR, which will address the specific
impacts of proposed development when they are known.
g)-h) No Impact. Approval of the proposed PTDA will have no impact on construction in flood zones.
Development on the site will be governed by a Specific Plan and campus master plan, which
will establish the intensity and location of uses. The site is outside a mapped 100-year flood plain
as shown in the City General Plan. The Specific Plan will include an EIR, which will address the
specific impacts of proposed development when they are known.
i)j) No Impact. Approval of the proposed PTDA will have no impact on dams or levees, seiche,
tsunami or mudflow. The site is outside a mapped 100-year flood plain as shown in the City
General Plan. The site is located south of the Chino Canyon/Whitewater levee, which is
designed to impound upstream flows of the Whitewater River. The levee is regularly maintained
by the Riverside County Flood Control and Water Conservation District. Potential risk associated
with failure of this levee is considered to be extremely low. The Specific Plan will include an EIR,
which will address the specific impacts of proposed development when they are known.
There are no large water bodies on or near the proposed campus site, and no such water
bodies are proposed as part of campus design. Therefore, no impacts are expected to occur.
The subject site is located tar inland and is therefore not considered subject to tsunami activity.
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 27
i
X. MINERAL RESOURCES Potentially
Potentially Significant Less Than No
? Significant Unless Significant Impact
Would the project: Impact Mitigation Impact
Incorporated
a) Result in the loss of availability of a known
mineral resource that would be of value to ❑ ❑ ❑
ithe region and the residents of the state?
I b) Result in the loss of availability of a locally
I important mineral resource recovery site ❑ ❑
delineated on a local general plan,specific
plan or other land use plan?
Sources: "Mineral Potential Report Portion of North-Half of Section 34 Township 35., Range 4E., SBB&M
132.4 Acres, Palm Springs Area Riverside County, California," prepared by Terra Geosciences, April 7,
2009; "Draft Environmental Impact Statement for the California Desert Conservation Area Plan
Amendment for the Coachella Valley," prepared by the U.S. Department of the Interior Bureau of Land
Management, June 2002. Figure 2-7 Windparks and Sand and Gravel Mining.
Setting-
The Coachella Valley contains a diverse range of rocks, sediment, and minerals, some of which are
classified as important mineral deposits. Mineral resources in the region are largely limited to aggregate
including sand, gravel, and crushed stone, although copper, limestone, and tungsten also occur.
Portions of Palm Springs are identified as a resource zone for aggregate/industrial minerals by the
California Division of Mines and Geology. Most of the City.is located in Mineral Resource Zone 3 MRZ-3
(an area containing mineral deposits the significance of which cannot be evaluated from available
data), although the northern portion of the City, including the proposed campus site, is designated
MRZ-2 areas. The MRZ-2 designation indicates that significant mineral deposits are present, or where it is
judged that a high likelihood for their presence exists.
Discussion of Impacts
a)-b) No Impact. Approval of the proposed PTDA will have no impact on mineral resources.
Development on the site addressed by the PTDA would not result in adverse impacts to the
availability of known mineral resources of value to the region and state, or to locally important
mineral resources. Nonetheless, this issue will be further addressed in the CEQA EIR being
prepared for the College Parts Specific Plan.
56
INITIAL STUDY/NEGATIVE❑ECLARATIONRAGE 29
Discussion of Impacts
j a), c), d)No Impact. Approval of the proposed PTDA will have no impact on noise. Development on the
site will be governed by a Specific Plan and campus master plan, which will establish the
intensity and location of uses. The Specific Plan will include an EIR, which will address the
specific impacts of proposed development when they are known.
I
ib) No impact. Approval of the proposed PTDA will have no impact on vibration. Development on
the site will be governed by a Specific Plan and campus master plan, which will establish the
i intensity and location of uses. The Specific Plan will include an EIR, which will address the specific
impacts of proposed development when they are known.
e)-0 No Impact. Approval of the proposed PTDA will have no impact associated with airport noise.
The site addressed by the proposed PTDA is located approximately 5.5 miles from the nearest
airport, the Palm Springs International Airport. The General Plan shows that the 60 dBA airport
I noise contour extends to a point southeast of San Rafael Road and does not impact the
campus site, There are no private airstrips in the area.
`h
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 31
XIII. PUBLIC SERVICES Potentially
Potentially Significant Less Than No
Significant Unless Significant Impact
Would the project result in: Impact Mitigation Impact p
Incorporated
Substantial adverse physical impacts associated
i with the provision of new or physically altered
governmental facilities, need for new or physically
t altered governmental facilities,the construction
of which could cause significant environmental
impacts, in order to maintain acceptable service
ratios,response times or other performance
objectives for any of the public services:
a) Fire protection? ❑ ❑ ❑
b) Police protection? ❑ ❑ ❑
C) Schools? ❑ ❑ ❑
d) Parks? ❑ ❑ ❑
e) Other public facilities? ❑ ❑ ❑
Sources: "Palm Springs General Plan," adopted October 2007; "Palm Springs General Plan Update
Draft Environmental Impact Report," adopted October 2007; Palm Springs Unified School District
Developer's Fees, http:(/www.nsusd_us/Index.aspx?page=602, accessed June 18. 2009; Son Jacinto
Wilderness General Information, http://www„fs.fed.us/air/technical/class 1/wilds.php?recordlD=65,
accessed June 18, 2009; San Jacinto Wilderness, hftp:
//www.wilderness.net/inde,x.cfm?fuse=NWPS&sec=wild View&wname-San%20Jacinto, accessed June
18, 2009.
Setting
Fire Protection. Fire projection for the City of PaIrn Springs is provided by the Palm Springs Fire
Department, which currently has five fire stations staffed by 18 firefighters per shift. Station location,
staffing and equipment are listed below.Staffing is per shift.
• Station No.441,277 North Indian Canyon Drive: 1 ladder truck, 1 paramedic truck, each staffed with
2 firefighters per shift.There is I quick attack truck,staffed as needed.
• Station No. 442, 300 North Cielo Road: Command vehicle with 1 staff; Aerial platform with 3 staff.
The following equipment are staffed as needed: 1,800 gallon water tender, breathing support
vehicle, heavy rescue/trench rescue vehicle.This station also has airport crash trucks with 3 staff.
• Station No. 443, 590 East Racquet Club: 2 fire trucks, staffed by 2 firefighters; 1 quick attack truck,
staffed as needed.
Station No.444, 1300 Laverne.Way: 2 fire trucks with 2 staff; l quick attack truck staffed as needed.
• Station No. 445, 5800 Bolero Road: This station is presently closed due to budget considerations. It's
the furthest station from
p - .
the campus site, but it is presently not manned. When re-opened, this
station is expected to again provide 1 fire truck with 2 staff; 1 reserve fire truck staffed as needed.
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 33
1 The approximately 400-acre Indian Canyon Heritage Park is managed by the Agua Caliente Band of
Cahuilla Indians, offering hiking and equestrian trails and guided tours. The Coachella Valley Preserve
System is comprised of three preserve areas encompassing approximately 30,000 acres. Of these, the
Whitewater Preserve is located in Palm Springs.
,I
City Parks
There are approximately 160 acres of developed parkland in the City, owned and operated by the City
Department of Parks and Recreation. There are a total of 10 parks, including 2 local parks, 2
neighborhood parks, 3 community parks, and 3 specialty parks. Parks in the'City range in size From 1.6 to
i 61 acres, the largest being DeMuth park. Amenities in City parks include playgrounds, picnic areas, bail
' and soccer fields, basketball, volleyball and tennis courts, and play structures. The City's 3 specialty
parks include a dog park located behind City Hall, a wellness park with exercise stations, meditation
gardens and handicapped-accessible paths, and the Village Green Heritage Center in the downtown
area, which showcases two 19rh century pioneer homes and the Village Green Museum. In addition to
City parks, there are several public and private golf courses in the City.
The approximately 17.55-acre James O. Jessie Desert Highland Unity Center and Desert Highland Park
facilities are located adjacent to the southern portion of the site addressed by the proposed PTDA.
Discussion of Impacts
a)»e) No Impact. Approval of the proposed PTDA will have no impact on public services.
Development on the site will be governed by a Specific Plan, which will establish the intensity
and location of uses.The Specific Plan will include an EIR,which will address the specific impacts
of proposed development when they are known.
Development facilitated by the proposed PTDA will require the extension of infrastructure and
other public services to serve the campus. The campus master plan includes alternative energy
generation, which has potential to generate sufficient electricity to meet and possibly exceed
campus demand. The campus will require extension of facilities such as natural gas pipelines,
water distribution lines, wastewater collection lines, and telephone and cable facilities. The
campus will also require solid waste collection and disposal services. These are further discussed
under XVI, Utilities and Service Systems.
1
INITIAL STUoy/NEGATIVE DECLARATIONRAGE 35
XV. TRANSPORTATION/TRAFFIC Potentially
Potentially Significant Less Than No
Significant Unless Significant
Would the project: Impact Mitigation Impact Impact
Incorporated
a) Cause an increase in traffic which is substantial
in relation to the existing traffic load and
capacity of the street system (i.e., result in a ❑ ❑ ❑
` substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads,or congestion at intersections)?
b) Exceed, either individually or cumulatively, a
I level of service standard established by the ❑ El ❑
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? ❑ ❑ ❑
I
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation ❑ ❑ ❑
(e.g., bus turnouts, bicycle racks)?
Sources: "City of Palm Springs General Plan," adopted October, 2007; "Institute of Traffic Engineers Trip
Generation Manual," 71h Edition, 2003; Traffic Impact Analysis prepared by Terra Nova Planning &
Research, Inc, July 2009; "2007 Riverside County Congestion Management Program," prepared by
VRPA Technologies, Inc. for the Riverside County Transportation Commission, December 12, 2007.
Setting
The proposed project site is located in the northern portion of the City, approximately 2.5 miles south of
U.S. Interstate 10. Major regional and local roadways in the project vicinity include State Highway 1 11
and Indian Canyon Drive. Highway I l l trends southeast to northwest in the project vicinity, and carries
traffic to and from U.S. 1-10 to the City and borders the proposed campus site to the west. Indian
Canyon Drive is a north-south roadway that lies along the site's eastern boundary. Highway I I I and
Indian Canyon Drive are both designated as Truck Routes in the General Plan.
Sunline Transit Agency provides fixed route bus service along Indian Canyon Drive and Highway 1 I 1 as
far north as Tramview Road,which runs east to west along the southern boundary of the site.
There is an existing designated Class III Bike route within '/x mile of the site, along San Rafael Road.
Discussion of Impacts
�i
�i
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 37
I
XVI. UTILITIES AND SERVICE SYSTEMS Potentially
Potentially Significant Less Than Na
' Significant Unless Significant Impact
Would the project:
Impact Mitigation Impact
Incorporated
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control ❑ ❑ ❑
Board?
b) Require or result in the construction of new
a
water or wastewater treatment facilities or
expansion of existing facilities, the construction ❑ ❑ ❑
of which could cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of ❑ ❑ ❑ -
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements ❑ ❑ ❑
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to ❑ ❑ ❑
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid ❑ ❑ ❑
waste disposal needs?
g) Comply with federal, state, and local statutes ❑ ❑ ❑
and regulations related to solid waste?
Sources: "City of Palm Springs General Plan," adopted October 2007. "City of Palm Springs General
Plan Update Draft Environmental impact Report," adopted October 2007; John G. Rau and David C.
Wooten, "Environmental Impact Analysis Handbook," 1980; personal communication, Gary Gray,
Operations and Maintenance Manager, Palm Springs Wastewater Treatment Plant, June 30, 2009; "City
of Palm Springs Sanitary Sewer System Management Facilities Plan", prepared by Veolia North America,
adopted July 2009; "Master Drainage Plan for the Palm Springs Area," prepared by Riverside County
Flood Control and Water Conservation District," revised November 1982.
Setting
Wastewater: The City of Palm Springs provides wastewater collection and treatment facilities. It
contracts with Veolla Water North America for operation of a wastewater treatment to properties plant
(WWTP), which is located at 4375 Mesquite Way. The plant has a capacity of approximately 10.9 mgd,
and is treating approximately 6 mgd.There are no current plans for, or need for expansion of the plant's
operating capacity. Operation of the WWTP is regulated by the Regional Water Quality Control Board
(RWQCB). The City has estimated average wastewater flow for institutional development at 1,000
gallons per day (gpd) per acre.
INITIAL STUDY/NEGATIVE DECLARATION/PAGE 39
i
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Does the protect: Mitigation
i Incorporated �.
1 a) Have the potential to degrade the quality of
the environment, substantially reduce the.
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
I self-sustaining levels, threaten to eliminate a ❑ ❑ ❑
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? {"Cumulatively
considerable" means that the incremental
effects of a project are considerable when ❑ ❑ ❑
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
c) Have environmental effects which will cause
substantial adverse effects on human beings, ❑ ❑ ❑
either directly or indirectly?
a)-c) No Impact. Approval of the PTDA will have no impact on the environment. The PTDA only
establishes the transfer of lands to the College District, and the general parameters under which
the land will be developed in the future.The future development of the site will be governed by
a Specific Plan, which will require analysis under CEQA when the intensity and type of
development on the site is known.There will be no impacts associated with PTDA approval.