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HomeMy WebLinkAbout6/29/2005 - STAFF REPORTS (3) k 01nORiF City Council Staff Report DATE: June 29, 2005 Public Hearing SUBJECT: CASE 5.1022 PD-305 / TTM32732 — AN APPLICATION BY 111/CAMINO REAL LLC FOR A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT DISTRICT 305. THE TENTATIVE TRACT MAP IS TO SUBDIVIDE APPROXIMATELY 5.55 ACRES INTO 11 LOTS. THE PLANNED DEVELOPMENT DISTRICT IS TO CONSTRUCT 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE-FAMILY RESIDENCES, AND A RESTAURANT IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-2 AND R-3, SECTION 26, APNS 511042012 AND 511042011. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY 111/Camino Real LLC ("the applicant') has submitted an application for a Tentative Tract Map and Planned Development District. The proposed project is located at the southwest corner of Camino Real and East Palm Canyon Drive and has a Resort Overlay to the underlying R-3 and R-2 Zone designations. The Tentative Tract Map proposes to subdivide approximately 5.55 acres into 11 lots that will consist of; one lot for 25 residential condominiums, 9 lots for single family residences, and one lot for a restaurant. The Planned Development District proposes the following: a conditional use permit to allow the construction of 25 residential condominiums, 9 single family residences, and a restaurant of approximately 5,0000 square feet in the Resort Overlay Zone. The Architectural Advisory Committee reviewed recommended approval of the project. A neighborhood meeting was held at the City in October 2004 where approximately 6 neighbors attended. The neighbors were from the single-family residences to the south of the project. The neighbors that attended the neighborhood meeting were supportive of the design and layout of the proposed project. Item No. 1 . C . City Council Staff Report June 29, 2005— Page 2 Case 5.1022 PD-305 &TTM32732 Recently, staff has received many concerns from the neighbors to the east and southeast of the proposed project. Their concerns are about the two-story structures proposed in the project. Staff has made available the proposed project plans to the public for their review. RECOMMENDATION: Adopt Resolution No. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA: 1) ORDER THE FILING OF A MITIGATED NEGATIVE DECLARATION; 2) APPROVE PLANNED DEVELOPMENT DISTRICT 305 FOR; A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE FAMILY RESIDENCES, AND A RESTAURANT OF APPROXIMATELY 5,000 SQUARE FEET IN THE RESORT OVERLAY ZONE; A CONDITIONAL USE PERMIT TO ALLOW THE RESTAURANT USE ONLY IN THE LOCATION SPECIFIED ON THE SITE PLAN; ALLOW RELIEF IN THE CRITERIA, PER SECTION 92.04.01.D.17 OF THE ZONING ORDINANCE, FOR MINIMUM LOT AREA FOR A RESTAURANT; AND ESTABLISH DEVELOPMENT STANDARDS FOR THE 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE-FAMILY RESIDENCES, AND RESTAURANT; 3) APPROVE TENTATIVE TRACT MAP 32732 FOR THE SUBDIVISION OF APPROXIMATELY 5.55 ACRES INTO 11 LOTS OF: 1 LOT OF APPROXIMATELY 149,897 SQUARE FEET (3.44 ACRES) FOR 25 CONDOMINIUMS, 9 LOTS OF APPROXIMATELY 6,150 TO 10,788 SQUARE FEET FOR THE 9 SINGLE FAMILY RESIDENCES, AND 1 LOT OF APPROXIMATELY 24,766 SQUARE FEET FOR THE RESTAURANT. LOCATED AT CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-3 AND R-2, SECTION 26, APN 511042012 AND 511042011. STAFF ANALYSIS: The General Plan designation is H43/21 (High Density Residential). This provides for a maximum density of 21 units per acre. Mixed-use residential/commercial developments in conjunction with adjacent commercial properties may be considered. The proposed project is a mixed-use that consists of multiple-family residential units, single-family residential units, and a restaurant. The proposed project is under density at 34 dwelling units because allowable density is 116 dwelling units. The proposed project has the single-family residential within the R-2 portion of the property. The R-2 Zone allows single-family residential use, subject to the R-1-A development standards. The single-family residential use in the R-2 Zone is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the single-family residences. Staff has prepared a table that outlines the development standards of the Zoning Ordinance with the proposed development standards for the Planned Development District. City Council Staff Report June 29, 2005 —Page 3 Case 5.1022 PD-305 &TTM32732 Single Family Residences — R-2 (R-1-A standards) _ Required Proposed Lot Area 20,000 Square Feet 6,150 to 10,788 Square Feet Lot Width 130 Feet (Interior) 65 to 83 Feet 140 Feet (Corner) 67 to 75 Feet Lot Depth 120 Feet 90 to 158 Feet Front Yard 25 Feet 5 Feet Side Yard 10 Feet 5 to 18 Feet _ Rear Yard 15 Feet 25 to 55 Feet Lot Coverage 35% 21 % to 37% Minimum Dwelling Size 1,500 Square Feet 2,300 Square Feet Building Height 12 Feet 24 Feet Maximum (At minimum Set Back) (18 Feet Maximum) Garage Access 25 Feet 5 Feet The proposed project has the multiple-family residential within the R-3 portion of the property. The R-3 Zone allows multiple-family residential use, subject to the R-3 development standards. The multiple-family residential use in the R-3 Zone designation is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the multiple-family residences. Staff has prepared a table that outlines the development standards of the Zoning Ordinance with the proposed development standards for the Planned Development District. Multiple Family Residential — R-3 Required Proposed Lot Area 20,000 Square Feet 149,897 Square Feet Lot Width 170 Feet 492 Feet _ Lot Depth 175 Feet 242 Feet Density 1 unit / 2,000 square feet 75 maximum units 25 units Building Height 24 feet 24 Feet Front Yard 30 feet (major thoroughfare) 34 Feet Side Yard 24 Feet along east property 61 Feet east property line line 20 Feet along Camino Real 20 Feet west property line Rear Yard 25 Feet 25 Feet Building Distance 15 Feet 14 Feet to 19 Feet 30 Feet (courtyard) 40 Feet -Parking Requirements 42 Covered 50 Covered (2 per unit) 10.5 Guest 25 Guest (1 per unit) The proposed project has the restaurant within the R-3 Zone designation portion of the property. The R-3 Zone designation allows the restaurant use, subject to a conditional 0._,QA.R)0'-3 Jam Free Printing -7- T3-L www.avery.com Q AVERY@ 5960 Use Avery®TEMPLATE 5960TM c „ Z 1-800-GO-AVERY rM 511 035 111 511 035 112 511 035 113 Gregory Zinmierinan&Loretta Zininer Michael Grovenran&Mercedes Grove Howard Sherman&Shirley Sherman 327 Sapphire Ave 11 I E Pahn Canyon Dr#370 1664 S Tiara Way Newport Beach, CA 92662 Palm Springs, CA 92264 Anaheim,CA 92802 511 035 114 511 035 115 511 035 116 Germaine Sayan Brenda Colford Lucy Demarsh 4754 Los Feliz Blvd 38 Pearson St Ste 273 Nil 12200 SE Virginia Ct Los Angeles, CA 90027 ST JOHNS NF AIA 3R1 Sandy, OR 97055 CANADA 511 035 117 511 035 118 511 035 119 Raymond Abelin Jenny Nestler Bryan&Patricia Cryer I I I I E Patin Canyon Dr 102 8th Ln I I I I E Palm Carryon Dr#377 Palm Springs, CA 92264 Kirkland,WA 98033 Palm Springs, CA 92264 511 035 120 511035122 511035123 Yossi&Diane Basson James &Linda Barley Kitty Kao 43160 Virginia Ave 24433 Chipstone St I 1 I h E Palm Canyon Dr#383 Palm Desert, CA 92211 Woodland Hills, CA 91367 Palm Springs, CA 92264 511 035 124 511 035 125 511 035 126 Deborah Sourer Stefan&Halina Pytlarz Jr. Germaine Sayan Farmhy Ltd Partnership PO Box 4765 J Steve 4754 Los Feliz Blvd Palm Springs, CA 92263 844 9th St#6 Los Angeles, CA 90027 Santa Monica,CA 90403 511 035 127 511 035 128 511 043 002 Vicki Menullau&Cathy Peterson Desert Equitable Realty Inc Harold Whitson 10804 NE 5th Ave 20355 NE 34th Ct 1811 S Aquaneta Dr Portland, OR 97211 Aventura,FL 33180 Palm Springs, CA 92264 511 043 003 511 043 005 511 043 006 Denis Murphy&Michael Wood Nathan Flerbeck Robert Hemplmll&Elliott Forte 25432 Via De Anza 780 N Rose Ave 1810 Courtney Ave Laguna Niguel, CA 92677 Palm Springs, CA 92262 Los Angeles, CA 90046 511 043 007 511 043 008 511 043 009 .l Douglas Clark&Rob Allen Jeanne Kanach Richard Hild&Ronald Hicks 4085 Charing Cross Rd 2400 74th Ave SE 1834 S Camino Real Bloomfield Hills,MI 48304 Mercer Island,WA 98040 Palm Springs, CA 92264 511 043 010 511 043 Oil 511 043 012 Gi egory Lmdae&Allison Stem Harry James Hoeferlin 7 @ Twin Palms Homeowner Assn 236 W Portal Ave 1846 S Camino Real 74140 El Pasco#4 San Francisco, CA 94127 Palm Springs,CA 92264 Palm Desert, CA 92260 511 043 013 511 043 014 511 044 001 7 @ Twin Palms Homeowners Assn 7 @ Twin Pahns Homeowners Assn Ann Woolson 74140 El Pasco#k4 74140 El Pasco#4 965 E Twin Palms Dr Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Springs, CA 92264 r ■^AH IV//1 AH3AV-O9�009-t W10965�IVJd4J�JJ,@[JaAV asB City Council Staff Report June 29, 2005— Page 5 Case 5.1022 PD-305 &TTM32732 improved streets. A traffic study was prepared for the project and concluded that the traffic impact caused by the proposed project will be less than significant. The proposed project meets and exceeds the parking requirements per Section 93.06.00 of the Zoning Ordinance. The multiple-family residences have 2 covered parking spaces and 1 guest parking space per unit. This exceeds the required parking of approximately 1.75 covered parking spaces and .25 guest parking space per unit. The single-family residences have the required 2 covered parking spaces per residence, per Section 93.06.00 of the Zoning Ordinance. Visitors to the single-family residences can park in the driveway or along Twin Palms Drive. The restaurant has 23 parking spaces, which meets the required parking for a 69 seat restaurant. The proposed two-story elements for the condominiums are approximately 61 feet from the east property line and approximately 81 feet from the two-story structure to the east. The proposed two-story elements are approximately 20 feet from the west property line and approximately 100 feet from the existing structures to the west. The proposed two- story elements are approximately 50 feet from the south property line and approximately 115 feet from the existing single-family residences. The proposed project has a maximum height of 24 feet. The visual impact to the surrounding properties will be minimal because of the distance and building height of the proposed project and the surrounding properties. The proposed single-family residential is approximately 10 feet from the east property line to the portion of the house that is approximately 18 feet. The maximum height of the house is 24 feet, which is approximately 15 feet from the east property line. There are no viewing windows proposed on the east side of the house, only clerestory windows to provide natural light. The proposed project placed the high density portion of the project near East Palm Canyon Drive, a major thoroughfare, and the single-family residences near Twin Palm Drive, a local street with existing single-family residences. This site design placed the high density residential as far away from the existing low density residential as possible. Therefore the proposed project will have minimal neighborhood impact. The proposed project will create multiple-family residential, which includes a restaurant, within a designated resort area. The restaurant can serve the residents, visitors, and attract visitors to the City by providing a service/tourist oriented business in this area, which is consistent with the goals of the General Plan. An Initial Study and Mitigated Negative Declaration have been prepared in accordance with the regulations of the California Environmental Quality Act (CEQA). The applicant has agreed to all mitigation measures described in the Mitigated Negative Declaration, which will reduce potentially significant impacts to a level of less than significant �._ City Council Staff Report June 29, 2005—Page 6 Case 5.1022 PD-305 &TTM32732 FISCAL IMPACT: No fiscal impact. Norm Canchola,Director of Planning Services David H. Ready, Ci meager Attachments: Vicinity map City Council Draft Resolution City Council Draft Conditions of Approval Planning Commission staff report Planning Commission Resolution Planning Commission Conditions of Approval Copy of Mitigated Negative Declaration (For City Council packet only, copies available at the Planning Department) City Council Staff Report June 29, 2005—Page 7 Case 5.1022 PD-305 &TTM32732 Department of Planning Services vv L--_E Vicinity Map �� 'fit 1F OAT�t I! I! L z' SUNTAN LN Q 4 � � W z y a w w a E PALM CANYON DR 5 x TWIN PALNIS DR Uj APACHE RD � � z —1 ��] CITY OF PALM SPRINGS CASE NO.: 5.1022/TTM 32732 DESCRIPTION: Application by 111/Camino Real LLC Planned Development District 305/ for a Tentative Tract Map and a Planned Development District to subdivide approximately 5.55 acres to Tentative Tract Map 32732 construct 25 condominiums, 9 single-family residences, APPLICANT: 111/Camino Real LLC and a restaurant. Location: corner of Camino Real and East Palm Canyon Drive, Zone R-3/R-2, Section 26. City Council Staff Report June 29, 2005—Page 8 Case 5.1022 PD-305 & TTM32732 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA: 1) ORDER THE FILING OF A MITIGATED NEGATIVE DECLARATION; 2) APPROVE PLANNED DEVELOPMENT DISTRICT 305 FOR; A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE FAMILY RESIDENCES, AND A RESTAURANT OF APPROXIMATELY 5,000 SQUARE FEET IN THE RESORT OVERLAY ZONE; A CONDITIONAL USE PERMIT TO ALLOW THE RESTAURANT USE ONLY IN THE LOCATION SPECIFIED ON THE SITE PLAN; ALLOW RELIEF IN THE CRITERIA, PER SECTION 92.04.01.D.17 OF THE ZONING ORDINANCE, FOR MINIMUM LOT AREA FOR A RESTAURANT; AND ESTABLISH DEVELOPMENT STANDARDS FOR THE 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE-FAMILY RESIDENCES, AND RESTAURANT; 3) APPROVE TENTATIVE TRACT MAP 32732 FOR THE SUBDIVISION OF APPROXIMATELY 5.55 ACRES INTO 11 LOTS OF: 1 LOT OF APPROXIMATELY 149,897 SQUARE FEET (3.44 ACRES) FOR 25 CONDOMINIUMS, 9 LOTS OF APPROXIMATELY 6,150 TO 10,788 SQUARE FEET FOR THE 9 SINGLE FAMILY RESIDENCES, AND 1 LOT OF APPROXIMATELY 24,766 SQUARE FEET FOR THE RESTAURANT. LOCATED AT CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-3 AND R-2, SECTION 26, APN 511042012 AND 511042011. WHEREAS, 111/Camino Real LLC ("Applicant") has filed an application with the City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative Tract Map and Planned Development District to allow the construction of 25 residential condominiums, 9 single-family residences, and a restaurant in the Resort Overlay Zone ("Project), located at the corner of Camino Real and East Palm Canyon Drive, Zone R-3 and R-2, Section 26, APN 511042012 AND 51 1 04201 1; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider the application for Case 5.1022 PD-305 and TTM32732 was given in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the project was held by the City Council in accordance with applicable law; and WEHERAS, the Conditional Use Permit to allow the construction of multiple-family residential in the Resort Overlay has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and WEHERAS, the Conditional Use Permit to allow the restaurant use in the R-3 Zone has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and City Council Staff Report June 29, 2005 — Page 9 Case 5.1022 PD-305 &TTM32732 WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case 5.1022 PD-305 and TTM32732 was given in accordance with applicable law; and WHEREAS, on May 11, 2005, a public hearing on the project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the Initial Study and Mitigated Negative Declaration adequately address the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The City Council further finds that with the adoption of the proposed Mitigated Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: The proposed project has the single-family residential within the R-2 portion of the property. The R-2 Zone allows single-family residential use, subject to the R-1-A development standards. The single-family residential use in the R-2 Zone is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the single-family residences. The following table outlines the development standards for the single-family residences: Single Family Residences— R-2 (R-1-A standards) Required Proposed Lot Area 20,000 Square Feet 6,150 to 10,788 Square Feet Lot Width 130 Feet(Interior) 65 to 83 Feet 140 Feet(Corner) 67 to 75 Feet Lot Depth 120 Feet 90 to 158 Feet Front Yard 25 Feet 5 Feet Side Yard 10 Feet 5 to 18 Feet Rear Yard 15 Feet 25 to 55 Feet Lot Coverage 35% 21 % to 37% Minimum Dwelling Size 1,500 Square Feet 2,300 Square Feet Building Height 12 Feet 24 Feet Maximum (At minimum Set Back) (18 Feet Maximum) Garage Access 25 Feet 5 Feet Section 3: The proposed project has the multiple-family residential within the R-3 portion of the property. The R-3 Zone allows multiple-family residential use, subject to the R-3 0 ,(all ii ill 9 City Council Staff Report June 29, 2005— Page 10 Case 5.1022 PD-305 &TTM32732 development standards. The multiple-family residential use in the R-3 Zone designation is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the multiple-family residences. The following table outlines the development standards for the residential condominiums: Multiple Family Residential — R-3 Required Proposed Lot Area 20,000 square feet 149,897 square feet Lot Width 170 feet 492 feet Lot Depth 175 feet 242 feet Density 1 dwelling unit/2,000 square feet 75 dwelling units 25 dwelling units Building Height 24 feet 24 feet Front Yard 30 feet 34 feet (Major Thoroughfare) Side Yard 25 feet 61 feet (east property line) 20 feet (west property line) Rear Yard 25 feet 25 feet Building Distance 15 feet 14 to 19 feet 30 feet 40 feet (courtyard) Parking Requirements 42 Covered 50 Covered (2 per unit) 10.5 Guest 25 Guest (1 per unit) Section 4: The proposed project has the restaurant within the R-3 Zone designation portion of the property. The R-3 Zone designation allows the restaurant use, subject to a conditional use permit. The restaurant use in the R-3 Zone designation can be consistent with the Zoning Ordinance; subject to the criteria per Section 92.04.01.D.17 and findings for the conditional use permit. The Planned Development District is proposing relief in the criteria for minimum lot area for the restaurant use. The following table outlines the development standards for the restaurant: Restaurant— R-3 (Section 92.04.01.D.17) Required Proposed Lot area 30,000 Square feet 24,766 Square feet Frontage on major thoroughfare 100 Feet 138 Feet Distance from any single-family 150 Feet 405 Feet residential zone Parking allowed in front yard None None Landscaped open space 25% of total site area 25% - 30% Restaurant— R-3 Required Proposed Lot Width 170 Feet 138 Feet Lot Depth 175 Feet 148 Feet Building Height 24 Feet _18 Feet Front Yard Set Back 30 Feet 25 Feet t_ City Council Staff Report June 29, 2005— Page 11 Case 5.1022 PD-305 &TTM32732 Side Yard Set Back 20 Feet 20 Feet (Camino Real) 18 Feet 70 Feet Rear Yard Set Back 15 Feet 50 Feet Parking (69 Seats) 23 Required (1 space per 3 seats) 23 Parking Spaces Section 5: Pursuant to Section 94.02.00 of the Zoning Ordinance, the restaurant use is appropriate, subject to the following findings: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The R-3 Zone allows for the restaurant use, subject to a conditional use permit and the criteria outlined in Section 92.04.01.D.17 of the Zoning Ordinance. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed project would contribute to the services offered to visitors and permanent residences of the City. The proposed restaurant will provide a service to this development and the surrounding neighbors. The proposed project is desirable for the community and is in harmony with objectives of the General Plan is not detrimental to existing uses or to future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The subject property is adequate in size and shape for the restaurant use and will not affect the future uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The proposed restaurant is serviced by a collector street (Camino Real) and an emergency access, within the proposed project, to a major thoroughfare (East Palm Canyon Drive). Both of these streets are fully improved and have the capacity to carry the type and quantity of traffic expected to be generated by the restaurant use. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The proposed criteria for a conditional use permit for the restaurant and the proposed development standards of the Planned Development District are necessary to protect the public health, safety and general welfare. City Council Staff Report June 29, 2005—Page 12 Case 5.1022 PD-305 &TTM32732 Section 6: Pursuant to Section 92.25.00 of the Zoning Ordinance, the residential land use is appropriate in the Resort Overlay subject to the following findings: and a. That the proposed use is compatible with its surroundings; The subject property is adequate in size and shape for the proposed multi-family and is surrounded by a mixture of hotel, commercial, single-family residences, and multiple-family residential properties. The proposed project is serviced by fully improved streets that have the capacity to carry the type and quantity of traffic expected to be generated. b. That the site in question is not appropriate for other uses allowed by right within the underlying zone; There is a shortage of housing in the City of Palm Springs and the proposed project would contribute to the housing supply for the City. The proposed project is desirable for the community and is in harmony with the Housing Element and objectives of the General Plan. Section 7: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43/21, High Density Residential. The General Plan allows up to 116 dwelling units on the project site. The applicant is proposing 34 dwelling units and 1 commercial unit. Therefore, the proposed project is consistent with the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements will be constructed to the standards of the General Plan and Conditions of Approval associated with TTM 32732. The Planned Development District development standards have been determined to be compatible with overall goals and policies of the General Plan in order to provide quality architecture, open space and distinctive landscape elements. Therefore it is concluded that the Planned Development District development standards will not be in conflict with the overall intent of the General Plan. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The project proposes the subdivision of approximately 5.55 acres into 11 lots of: 1 lot of approximately 149,897 square feet (3.44 acres) for 25 condominiums, 9 lots of approximately 6,150 to 10,788 square feet for the 9 single family residences, and 1 lot of approximately 24,766 square feet for the restaurant. The proposed development is under the maximum allowable density of 116 units, as permitted under the General Plan. The City Council Staff Report June 29, 2005— Page 13 Case 5.1022 PD-305 &TTM32732 subject property is surrounded with a mix of single-family residential, multiple-family residential, hotel, and commercial uses and acts as a transition area between a more dense development pattern to the north and single-family neighborhood to the south. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Initial Study and Mitigated Negative Declaration. The incorporation of the mitigation measures as prescribed in the Mitigated Negative Declaration will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. ADOPTED THIS 6th day of July, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk City Council Staff Report June 29, 2005— Page 14 Case 5.1022 PD-305 &TTM32732 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City Council Staff Report June 29, 2005— Page 15 Case 5.1022 PD-305 &TTM32732 EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32732 - TENTATIVE TRACT MAP CASE 5.1022 PD-305 - PLANNED DEVELOPMENT DISTRICT 111/CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE JULY 6, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM32732 — Tentative Tract Map and Case 5.1022— Planned Development District 305. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all &'A 1°tea City Council Staff Report June 29, 2005— Page 16 Case 5.1022 PD-305 & TTM32732 applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department, 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. CC&R's 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources City Council Staff Report June 29, 2005— Page 17 Case 5.1022 PD-305 & TTM32732 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS City Council Staff Report June 29, 2005— Page 18 Case 5.1022 PD-305 &TTM32732 14. The Planned Development District approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 15. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. 16. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8,50 of the Municipal Code for specific requirements. 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 23. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 25. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. City Council Staff Report June 29, 2005— Page 19 Case 5.1022 PD-305 &TTM32732 28. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 33. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 34. The applicant shall provide all tenants with Conditions of Approval of this project. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 40. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. City Council Staff Report June 29, 2005— Page 20 Case 5.1022 PD-305 &TTM32732 41. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 42. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 44. The development standardsfor the single-family residences are as follows: Single Family Residences — R-2 (R-1-A standards) Lot Area 6,150 to 10,788 Square Feet Lot Width 65 to 83 Feet _ 67 to 75 Feet Lot Depth 90 to 158 Feet _ Front Yard 5 Feet _ Side Yard 5 to 18 Feet _ Rear Yard 25 to 55 Feet _ Lot Coverage 21 % to 37% Minimum Dwelling Size 2,300 Square Feet Building Height 24 Feet Maximum Garage Access 5 Feet 45. The development standards for the residential condominiums are as follows: Multiple Family Residential — R-3 _Lot Area 149,897 Square Feet Lot Width 492 Feet _Lot Depth 242 Feet Density 25 dwelling units _Building Height 24 Feet Front Yard 34 Feet Side Yard 61 Feet (East Property Line) 20 Feet (West Property Line) Rear Yard 25 Feet Building Distance 14 Feet to 19 Feet 40 Feet Parking Requirements 50 Covered (2 per unit) 25 Guest (1 per unit) 46. The development standards for the restaurant are as follows: Restaurant— R-3 (Section 92.04.01.D.17) Lot area 24,766 Square feet City Council Staff Report June 29, 2005— Page 21 Case 5.1022 PD-305 &TTM32732 Frontage on major thoroughfare 138 Feet Distance from any single-family residential zone _ Parking allowed in front yard None _ Landscaped open space 25% Lot Width 138 Feet Lot Depth 148 Feet Building Height 18 Feet Front Yard Set Back 25 Feet Side Yard Set Back 20 Feet 70 Feet Rear Yard Set Back 50 Feet Parking 23 Parking Spaces (69 Seats) POLICE DEPARTMENT 47. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 48. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 49. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 50. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 51. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. EAST PALM CANYON DRIVE n 211 City Council Staff Report June 29, 2005 -Page 22 Case 5.1022 PD-305 &TTM32732 52. Dedicate an easement for sidewalk purposes along the entire frontage for portions of the sidewalk that encroach onto private property, including concentric with the back of the sidewalk adjacent to the bus turn out. 52A: In the event widening of East Palm Canyon Drive to its General Plan width is deferred, in accordance with City Council direction, the applicant shall be responsible for submitting cash security in an amount equal to the cost of the removals and improvements related to the widening of East Palm Canyon Drive, as indicated in conditions 53 through 55, and 94 below. The applicant shall enter into an agreement with the City of Palm Springs providing the City with the costs to design and construct the future widening of East Palm Canyon Drive to its General Plan width. The agreement shall be secured with cash security, and said security shall be available to the City at such time as the City deems the widening is necessary, with no time limit for the expenditure of deposited funds. The applicant shall submit written estimates of the cost to remove existing street improvements and to construct street improvements as necessary to widen East Palm Canyon Drive to its General Plan width, including relocation of the existing traffic signal, subject to the approval of the City Engineer. Estimates shall reflect public bid item prices, and include appropriate estimates for the costs of design and construction administration. The agreement shall be executed by the applicant and cash security provided in an amount equal to the approved Engineer's estimate, prior to approval of a Final Map by the City Council. The applicant shall submit a deposit of $2,000 for preparation of the Street Improvement Deferral Agreement, and shall be subject to actual costs associated with its preparation by the City Attorney. Provisions related to the deferral of the East Palm Canyon Drive widening shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project, advising all property owners of the deferred improvements associated with this project, and the City's right to widen East Palm Canyon Drive to its General Plan width at such time as it deems necessary. The provisions shall indemnify and hold the City harmless from any claims or liabilities from future property owners associated with the City's right to construct the deferred street improvements in the future, subject to the review and approval by the City Attorney. In the event the City's General Plan is changed in the future to reduce the width of East Palm Canyon Drive such that the currently required widening is not necessary, the agreement with the City shall ensure that the cash security deposited by the applicant is returned. 53. Remove the existing curb and gutter, and sidewalk, and construct an 8 inch curb and gutter 38 feet south of the centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 54. Construct a 35 feet radius curb return and spandrel at the southeast corner of East Palm Canyon Drive and Camino Real, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 55. Remove and reconstruct the existing nuisance drain and connection drainage pipe located at the southeast corner of East Palm Canyon Drive and Camino Real, to the satisfaction of the City Engineer. City Council Staff Report June 29, 2005- Page 23 Case 5.1022 PD-305 &TTM32732 56. Construct an 8 feet wide meandering colored concrete sidewalk along the entire frontage. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Note, this condition defers construction of the master-planned bikepath along the south side of East Palm Canyon Drive; the developer shall deposit with the City $5,000 to construct a future Class II bikepath across the entire frontage, as approved by the City Engineer. Censtnueca 5 feet dr c-­rrie8vJcr eonffC+ sidewalk ale tr, ntnire—f � admixture shall be-Pu' y Tan, Dcccrt Sand, or approved equal co1eF by the €ngineering DiviGie n � aeriditien-defers construction of the master planned bikepath along the south side of East Palm Canyon-Brr.� developer shall deposit with-the City $5,000 to construct a future Class bikepath aer-essz the zRfirp frontage, as approved by the City Engineer. 57. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of East Palm Canyon Drive and Camino Real in accordance with City of Palm Springs Standard Drawing No. 212. 58. Construct a minimum 20 feet wide emergency access driveway approach and 6 inch concrete driveway with a centerline located approximately 35 feet west of the east property line as shown on the approved site plan in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and locked; with a lock box key provided to the Fire Department for emergency access. 59. Construct a 170-feet long by 12-feet wide bus turn out at the southeast corner of East Palm Canyon Drive and Camino Real. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. 60. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. CAMINO REAL 61. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Construct an 8 feet wide sidewalk bcliind-Ike-euFk- clang t;etmfrstage imi aeearda ee +Ah-O•ityLf Palm Springso vTo 62. Remove the existing curb and gutter as necessary to construct a 32 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry shall be located approximately 260 feet south of the centerline of East Palm Canyon Drive, as shown on the approved site plan. City Council Staff Report June 29, 2005- Page 24 Case 5.1022 PD-305 &TTM32732 63. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 214. 64. All broken or off grade street improvements shall be repaired or replaced. TWIN PALMS DRIVE 65. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 66. All broken or off grade street improvements shall be repaired or replaced. ON-SITE DRIVEWAYS AND PARKING AREAS 67. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the approved site plan. All drive aisles shall have a 24 feet minimum width. Afl-en sitc private-d v2 ve aisles, parking &rea8 I--M c-Eon&F incF2 cr n ac width. 68. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site stormwater runoff to on-site detention basins and/or parkways, in accordance with applicable City Standards. 69. Construct a minimum pavement section of 2Yz inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 70. The 20 feet wide emergency access to East Palm Canyon Drive shall be constructed as a concrete driveway, or with turf block or other approved permanent and stabile materials, as approved by the Fire Marshal. SANITARY SEWER 71. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 72. An on-site private sewer system shall collect sewage from the development and connect to the public sewer system in Camino Real and/or East Palm Canyon Drive. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on- site sewer mains shall conform to City sewer design standards. A profile view of the on- site private sewer mains are not necessary provided sufficient invert information is indicated on the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the rq City Council Staff Report June 29, 2005— Page 25 Case 5.1022 PD-305 &TTM32732 private mains, (i.e. building sewers and laterals from the buildings to the on-site private sewer mains), are subject to review and approval by the Building Division, 73. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 74. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 75. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. City Council Staff Report June 29, 2005— Page 26 Case 5.1022 PD-305 & TTM32732 78. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 79. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 80. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract 32732, prepared by Fomotor Engineering, (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 81. On-site retention/detention basins shall be limited in size and depth if proposed along the perimeter of the development. Not more than 40% to 50% of the perimeter of the development shall be used for retention purposes. The size and location of above ground retention/detention basins shall be subject to review and approval by the Director of Planning Services and the City Engineer. 82. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 83. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189, Fees shall be paid prior to issuance of a building permit. GENERAL ; ' City Council Staff Report June 29, 2005-Page 27 Case 5.1022 PD-305 &TTM32732 84. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 85. All proposed utilities shall be installed underground. 86. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. 87. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved plans shall be submitted to the City Engineer for approval prior to construction. 88. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the south and east property lines, as well as the overhead line terminating at the northwest corner of the property meet the requirement to be installed underground. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. to accordance with Chapter 8.O4.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty five thousand volts. or loss and overhead -service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which arc on site, abutting, and/or transecting, shall be installed underground unless -specific re-strictionS arc shown in General Orders 95 and 128 of the California Public Utilities Commission, 3Rd Se ...,.. requirements published by the utilities. A detailed plan approved by the owner( ) of the affected utilities depicting all above ground facilities in the circa of the project to be undergroundod, -shall be -submitted to the Engineering Division prior to approval of any grading plan. The cxi-sting overhead utilities ocroSS the -south and cast property lines, as well as the overhead line-terminating at the northwest corner of the property meet the requirement to be installed underground. The developer is advised to investigate the nature of those utilities, the availability of undergrounding those utiliticS�'+aspect to adjacent and of site properties, and to pre-sent its case for a waiver of the Municipal Cede requirement, if appropriate, to the Planning Commission and/or City Council ass part of itS review and if utility undergrounding is deferred in accordance with Specific direction by the Planning Comm Ssion and/or City Council, the record property owner Shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future-open request of the City of Palm Springs City Engineer at such time City Council Staff Report June 29, 2005- Page 28 Case 5.1022 PD-305 &TTM32732 as doomed necessary. The covenant sha I-be-ex:eaute -and- otarized by the property owner and submitted to the Gty-&Kji,eer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant prepay atlan4ae of $135 shall be paid by t�e,:eloper prier to issuance of any grading or building permits. 89. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 90. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 91. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 92. The developer shall deposit the sum of $3,300 as the proportionate share of the cost of future construction of traffic calming measures to be installed by the City or others on Camino Real, to mitigate increased traffic in the area resulting from this development. 93. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed to control egressing vehicles from the development in accordance with City of Palm Springs Standard Drawing No. 620-625 at the Main Entry. 94. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified as necessary to facilitate the required widening of the southeast corner of the intersection of East Palm Canyon Drive and Camino Real. Submit traffic signal modification plans and technical specifications (special provisions) prepared by a registered Civil or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be modified in conjunction with adjacent street improvements, and shall be completed prior to issuance of a certificate of occupancy. In the event widening of East Palm Canyon Drive to its General Plan width is deferred, in accordance with City Council direction, preparation of traffic signal modification plans shall not be required, however, the applicant shall be responsible for submitting cash security in an amount equal to the cost of the design and construction of the traffic signal modification, in accordance with an agreement between the applicant and the City. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified as necessary to facilitate the required widening of the southeast corner of the intersection of East Palm Canyon Drive and-Gamine Real. Submit traffic signal modification plans and technical specifications City Council Staff Report. June 29, 2005- Page 29 Case 5.1022 PD-305 &TTM32732 (special provision.-) prepared-by a registered Gi c Engineer fOF reVieW­a;d approval by the City Engineep.—The-tra e—,ig„a;—aha; e—niedified in conjunction with adjacont Strcct improvements, and shall be complctcd prior t 4ssuanee-ef-a-eert+fieate-ef 95. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the East Palm Canyon Drive, Carrion Real, and Twin Palms Drive frontages of the subject property. A—rain,mum of 48 inches of sidewa4 clearance Shall-be-provided around all above ground-fae litie.- for handicap accessibilitY-. The developer Shall provide Same through-dedication of ca.-emcnt and/or widening-ef on the East Ramon -toad, Pasco Dorotea, Camino Paroccla, and Colic Santa Cruz T'vntayc- -or-the subject propeTY. 96. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones," dated 1996, or subsequent additions in force at the time of construction. 97. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits. 'rf. ofF J+f_,19 �Y City Council Staff Report June 29, 2005— Page 30 Case 5.1022 PD-305 &TTM32732 DATE: MAY 11, 2005 TO: PLANNING COMMISSION FROM: DIRECTOR OF PLANNING SERVICES CASE 5.1022 PD-305 / TTM32732 — AN APPLICATION BY 111/CAMINO REAL LLC FOR A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT DISTRICT 305. THE TENTATIVE TRACT MAP IS TO SUBDIVIDE APPROXIMATELY 5.55 ACRES INTO 11 LOTS. THE PLANNED DEVELOPMENT DISTRICT IS TO CONSTRUCT 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE-FAMILY RESIDENCES, AND A RESTAURANT IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-2 AND R-3, SECTION 26, APNS 511042012 AND 511042011. RECOMMENDATION That the Planning Commission recommend that the City Council: 1. Order the filing of a Mitigated Negative Declaration; 2. Approve Planned Development District 305 for: a. A conditional use permit to allow the construction of 25 residential condominiums, 9 single family residences, and a restaurant of approximately 2,600 square feet in the Resort Overlay Zone; b. A conditional use permit to allow the restaurant use only in the location specified on the site plan; c. Allow relief in the criteria, per Section 92.04.01.D.17 of the Zoning Ordinance, for minimum lot area for a restaurant; d. Establish development standards for the 25 residential condominiums, 9 single- family residences, and restaurant; 3. Approve Tentative Tract Map 32732 for the subdivision of approximately 5.55 acres into 11 lots of: 1 lot of approximately 149,897 square feet (3.44 acres) for 25 condominiums, 9 lots of approximately 6,150 to 10,788 square feet for the 9 single family residences, and 1 lot of approximately 24,766 square feet for the restaurant. Located at Camino Real and East Palm Canyon Drive, Zone R-3 and R-2, Section 26, APN 511042012 and 511042011. BACKGROUND 111/Camino Real LLC ("the applicant') has submitted an application for a Tentative Tract Map and Planned Development District. The proposed project is located at the southwest corner of Camino Real and East Palm Canyon Drive and has a Resort Overlay to the underlying R-3 and R-2 Zone designations. The Tentative Tract Map proposes to subdivide approximately 5.55 acres into 11 lots that will consist of; one lot for 25 residential condominiums, 9 lots for single family residences, and one lot for a restaurant. City Council Staff Report June 29, 2005— Page 31 Case 5.1022 PD-305 &TTM32732 The Planned Development District proposes the following: a conditional use permit to allow the construction of 25 residential condominiums, 9 single family residences, and a restaurant of approximately 2,600 square feet in the Resort Overlay Zone; a conditional use permit to allow the restaurant use; relief in the criteria, per Section 92.04.01.D.17 of the Zoning Ordinance, for the minimum lot area for a restaurant; establish development standards for the 25 residential condominiums, 9 single-family residences, and restaurant. The subject property is zoned R-3 on the northern portion of the site and R-2 on the southern portion of the site with a Resort Overlay over the entire site. The proposed multiple-family residential is located within the R-3 portion of the property while the single-family residences are located within the R-2 portion of the property. The proposed restaurant is located within the R-3 portion of the property. Per Section 92.04.01, the R-3 Zone allows multiple-family residential use. Per Section 92.03.01.A.1, the R-2 Zone allows for single-family residential use, but must comply with the development standards of the R-1-A Zone designation. Per Section 92.25.00, the Resort Overlay allows all of the uses of the underlying zone, except that: multiple-family dwellings shall be permitted only by conditional use permit. Per Section 92.04.01.D.17, the R-3 Zone allows a restaurant use with a conditional use permit subject to lot area of 30,000 square feet, 100 feet of frontage along a major thoroughfare, 150 feet from a single-family residential zone, no parking within front yard set back, and 25% open space. Per Section 94,02.00 of the Zoning Ordinance: uses permitted by conditional use permit in an underlying zone district may be incorporated into the planned development district with the full force of a conditional use permit without requiring separate application for a conditional use permit. The Design Review Committee (now known as the Architectural Advisory Committee) reviewed this project on December 20, 2003 and recommended approval of the architecture and landscape with a restudy of the wall design along East Palm Canyon Drive. The concern was the required 6 foot wall, required for traffic noise attenuation, not linear for entire East Palm Canyon Drive frontage. Design Review Committee recommended that the wall be broken up in design and landscaping.. The proposed project revised the wall design and landscaping along East Palm Canyon Drive to break the linear line and height of the wall. The Architectural Advisory Committee reviewed the revised walls along East Palm Canyon Drive on January 10, 2005 and voted to recommended approval as submitted. A neighborhood meeting was held at the City in October 2004 where approximately 6 neighbors attended. The neighbors were from the single-family residences to the south of the project. The neighbors that attended the neighborhood meeting were supportive of the design and layout of the proposed project. City Council Staff Report June 29, 2005— Page 32 Case 5.1022 PD-305 &TTM32732 Recently, staff has received inany concerns from the neighbors to the east and southeast of the proposed project. Their concerns are about the two-story structures proposed in the project. Staff has made available the proposed project plans to the public for their review. ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Zoning Land Uses Plan North H43/21 R-3 Multiple-Family Residential South L4 R-2 / R-1-C Multiple-Family Residential / Single-Family Residential East H43/21 R-3 / R-2 Hotel West H43/21 R-3 Hotel ANALYSIS The General Plan designation is H43/21 (High Density Residential). This provides for a maximum density of 21 units per acre. Mixed-use residential/commercial developments in conjunction,with adjacent commercial properties may be considered. The proposed project is a mixed-use that consists of multiple-family residential units, single-family residential units, and a restaurant. The proposed project is under density at 34 dwelling units because allowable density is 116 dwelling units. The proposed project has the single-family residential within the R-2 portion of the property. The R-2 Zone allows single-family residential use, subject to the R-1-A development standards. The single-family residential use in the R-2 Zone is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the single- family residences. Staff has prepared a table that outlines the development standards of the Zoning Ordinance with the proposed development standards for the Planned Development District. Single Family Residences — R-2 (R-1-A standards) Required Proposed Lot Area 20,000 Square Feet 6,150 to 10,788 Square Feet Lot Width 130 Feet 65 to 83 Feet (Interior) 140 Feet 67 to 75 Feet (Corner) Lot Depth 120 Feet 90 to 158 Feet Front Yard 25 Feet 5 Feet Side Yard 10 Feet 5 to 18 Feet Rear Yard 15 Feet 25 to 55 Feet Lot Coverage 35% 21 % to 37% City Council Staff Report June 29, 2005—Page 33 Case 5.1022 PD-305 &TTM32732 Minimum Dwelling Size 1,500 Square Feet 2,300 Square Feet _ Building Height 12 Feet 24 Feet Maximum (At minimum Set Back) (18 Feet Maximum) Garage Access 25 Feet 5 Feet The proposed project has the multiple-family residential within the R-3 portion of the property. The R-3 Zone allows multiple-family residential use, subject to the R-3 development standards. The multiple-family residential use in the R-3 Zone designation is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the multiple-family residences. Staff has prepared a table that outlines the development standards of the Zoning Ordinance with the proposed development standards for the Planned Development District. Multiple Family Residential — R-3 Required Proposed Lot Area 20,000 Square Feet 149,897 Square Feet Lot Width 170 Feet 492 Feet Lot Depth 175 Feet 242 Feet _ _Density 1 dwelling unit/ 2,000 square feet 75 dwelling units 25 dwelling units _Building Height 24 Feet 24 Feet Front Yard 30 Feet (Major Thoroughfare) 34 Feet Side Yard 24 Feet along east property line 61 Feet east property line 20 Feet along Camino Real 20 Feet west property line _Rear Yard 25 Feet 25 Feet Building Distance 15 Feet 14 Feet to 19 Feet 30 Feet (courtyard) 40 Feet _ Parking Requirements 42 Covered 50 Covered (2 per unit) 10.5 Guest 25 Guest (1 per unit) The proposed project has the restaurant within the R-3 Zone designation portion of the property. The R-3 Zone designation allows the restaurant use, subject to a conditional use permit. The restaurant use in the R-3 Zone designation can be consistent with the Zoning Ordinance; subject to the criteria per Section 92.04.01.D.17 and findings for the conditional use permit. The Planned Development District is proposing relief in the criteria for minimum lot area for the restaurant use. Staff has prepared a table that outlines the criteria of the Zoning Ordinance with the proposed criteria for the Planned Development District for the conditional use permit. Restaurant— R-3 (Section 92.04.01.D.17) Required Proposed Lot area 30,000 Square feet 24,766 Square feet Frontage on major thoroughfare 100 Feet 138 Feet Distance from any single-family 150 Feet 405 Feet residential zone Parking allowed in front yard None None Landscaped open space 25% of total site area 25% - 30% Restaurant— R-3 City Council Staff Report June 29, 2005— Page 34 Case 5.1022 PD-305 &TTM32732 Required Proposed Lot Width 170 Feet 138 Feet Lot Depth 175 Feet 148 Feet Building Height 24 Feet 18 Feet Front Yard Set Back 30 Feet 25 Feet Side Yard Set Back 20 Feet (Camino Real) 20 Feet 18 Feet 70 Feet Rear Yard Set Back 15 Feet 50 Feet Parking 23 Required (1 space per 3 seats) 23 Parking Spaces (69 Seats) The Planning Commission shall not approve or recommend approval of a restaurant use within the R-3 Zone unless it makes finding for the conditional use The subject property has a Resort Overlay designation. The Resort Overlay designation is intended to provide for accommodations and services for visitors while guarding against the intrusion of competing land uses. The proposed project is to construct 25 residential condominiums, 9 single family residences, and a restaurant therefore, the proposed project is subject to the Planning Commission making findings that the proposed use is compatible with its surroundings and that the subject property is not appropriate for other uses allowed by right within the underlying zone. The Planning Commission shall not recommend approval of a residential development within the Resort Overlay unless it makes finding for the Conditional Use Permit The proposed project will have access from Camino Real and an emergency access from East Palm Canyon Drive. Camino Real and East Palm Canyon Drive are fully improved streets. A traffic study was prepared for the project and concluded that the traffic impact caused by the proposed project will be less than significant. The proposed project meets and exceeds the parking requirements per Section 93.06.00 of the Zoning Ordinance. The multiple-family residences have 2 covered parking spaces and 1 guest parking space per unit. This exceeds the required parking of approximately 1.75 covered parking spaces and .25 guest parking space per unit. The single-family residences have the required 2 covered parking spaces per residence, per Section 93.06.00 of the Zoning Ordinance. Visitors to the single-family residences can park in the driveway or along Twin Palms Drive. The restaurant has 23 parking spaces, which meets the required parking for a 69 seat restaurant. The proposed two-story elements for the condominiums are approximately 61 feet from the east property line and approximately 81 feet from the two-story structure to the east. The proposed two-story elements are approximately 20 feet from the west property line and approximately 100 feet from the existing structures to the west. The proposed two-story elements are approximately 50 feet from the south property line and approximately 115 feet from the existing single-family residences. The proposed project has a maximum height of 24 feet. The visual impact to the surrounding properties will be minimal because of the distance and building height of the proposed project and the surrounding properties. The proposed single-family residential is approximately 10 feet from the east property line to the portion of the house that is approximately 18 feet. The maximum height of the house is 24 feet, ell City Council Staff Report June 29, 2005— Page 35 Case 5.1022 PD-305 &TTM32732 which is approximately 15 feet from the east property line. There are no viewing windows proposed on the east side of the house, only clerestory windows to provide natural light. The proposed project placed the high density portion of the project near East Palm Canyon Drive, a major thoroughfare, and the single-family residences near Twin Palm Drive, a local street with existing single-family residences. This site design placed the high density residential as far away from the existing low density residential as possible. Therefore the proposed project will have minimal neighborhood impact, The proposed project will create multiple-family residential, which includes a restaurant, within a designated resort area. The restaurant can serve the residents, visitors, and attract visitors to the City by providing a service/tourist oriented business in this area, which is consistent with the goals of the General Plan. ENVIRONMENTAL ASSESMENT An Initial Study and Mitigated Negative Declaration have been prepared in accordance with the regulations of the California Environmental Quality Act (CEQA). The applicant has agreed to all mitigation measures described in the Mitigated Negative Declaration, which will reduce potentially significant impacts to a level of less than significant. List of impacts: The site has the potential to generate dust during the grading and construction phases. Heavy construction activity is a source of fugitive dust emissions that may have a substantial temporary impact on local air quality. The survey found that despite degradation of the project area, the project site still contains at least one sensitive biological resource, the Palm Springs (Coachella Valley) Round-tailed Ground Squirrel. This fee will help to mitigate the potential impacts associated with ground squirrel as well. The potential for seismically induced ground subsidence is considered moderate, but will be addressed in site specific soils analyses required by the building department as part of the building permit issuance process. The project site is located within the boundaries of the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan, and will be required to comply with that plan. A noise analysis has been completed by Urban Crossroads (November, 2004) to determine the exterior and interior noise exposure at the project site, and to incorporate the necessary noise mitigation measures for this project. The proposed project site will be impacted by short term construction noise, as well as long term noise associated with operation of the residential and restaurant uses on the site. Listed are the mitigation measures: City Council Staff Report June 29, 2005—Page 36 Case 5.1022 PD-305 &TTM32732 1. Site clearing shall occur prior to January or after June. Should site clearing be planned for the period from January 1 to June 30, the project proponent shall secure the services of a qualified biologist to complete a pre-construction survey, and recommend mitigation if required. 2. The applicant shall pay the mitigation fee in place at the time of issuance of building permits for the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. 3. Because two sensitive plant species could occur on the project site, the applicant shall notify CDFG 10 days prior to grading in order to satisfy the requirements of the California's Native Plant Protection Act. 4. An on-site monitor will be present during all earth moving activities. The monitor shall be empowered to halt grading or redirect activities if suspected archaeological resources are uncovered. The monitor shall prepare a report of monitoring activities and submit it to the City for review and approval within 30 days of completion of earth moving activities on the site. 5. During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. 6. All internal combustion-powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. 7. Construct a 6.0-foot high sound wall between the attached homes and East Palm Canyon Drive. Construct a 5.0-foot high sound wall for Lot Nos. 3 to 11 facing Camino Real and Twin Palms Drive. The sound attenuation wall to be effective must have a weight of at least 3.5 pounds per square foot of face area and has no decorative cutouts or line-of-site openings between shielded areas and the roadways. The recommended noise control barrier may be constructed using of the following alternative materials: 1. Masonry Block; 2. Stucco veneer over wood framing or 1 inch thick tongue and groove wood of sufficient weight per square foot; 3. Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot; 4. Earth berm; 5. Any combination of these construction materials. 8. Provide a "windows closed" condition requiring a means of mechanical ventilation (e.g. air conditioning) for all homes and the restaurant. 9. Provide upgraded windows with a sound transmission class (STC) rating 29 or higher for the attached homes facing East Palm Canyon Drive. 10. To minimize the potential interior noise impacts, all lots facing East Palm Canyon Drive should be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies should be free of cut outs and openings. A Notice of Availability and Notice of Intent to Adopt A Mitigated Negative Declaration were published in the newspaper and mailed to the distribution list. �'�j 03 City Council Staff Report June 29, 2005 — Page 37 Case 5.1022 PD-305 &TTM32732 NOTIFICATION The public hearing notice for the proposed project was published in the Desert Sun newspaper and all property owners within 400' of the project site have been notified of the public hearing. As of the writing of this report, staff has received phone calls from the neighboring property owners who have expressed concern regarding the potential loss of views with the proposed project. Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. Draft Conditions Of Approval (Exhibit A) 4. Copy of Initial Study and Mitigated Negative Declaration 5. Notice of Availability 6. Notice of Intent to Adopt a Mitigated Negative Declaration IT? City Council Staff Report June 29, 2005—Page 38 Case 5.1022 PD-305 &TTM32732 Department c►f Planning Services N W- E f -•qy Vicinity Map s sunirAr.l Lill z a J � W Z d W E PALrA CANYON DR z s z s 7W9N PALMS CIP, K � K APACHE RD � Z _JIIQ � J CITY OF PALM SPRINGS CASE NO.: 5.1022 DESCRIPTION: Application by 111/Camino Real LLC Planned Development District 305 and for a Tentative Tract Map and a Planned Development Tentative Tract Map 32732 District to subdivide approximately 5.55 acres to construct 25 condominiums, 9 single family residences, APPLICANT: 111/Camino Real LLC and a restaurant. Location: corner of Camino Real and East Palm Canyon Drive, Zone R-3 and R-2, Section 26. r City Council Staff Report June 29, 2005—Page 40 Case 5.1022 PD-305 &TTM32732 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF TENTATIVE TRACT MAP 32732 AND CASE NO. 5.1022 — PD305, SUBJECT TO THE CONDITIONS IN EXHIBIT A FOR THE SUBDIVISION OF 5.55 ACRES INTO it LOTS AND THE CONSTRUCTION 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE- FAMILY RESIDENCES, AND AN APPROXIMATELY 2,600 SQUARE FOOT RESTAURANT LOCATED AT THE SOUTHWEST CORNER OF CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-2 AND R-3, SECTION 26, APNS 511042012 AND 511042011 WHEREAS, 111/Camino Real LLC ("Applicant') has filed an application with the City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative Tract Map and Planned Development District to allow the construction of 25 residential condominiums, 9 single-family residences, and a restaurant in the Resort Overlay Zone ("Project), located at the corner of Camino Real and East Palm Canyon Drive, Zone R-3 and R-2, Section 26, APN 511042012 AND 51 1 0420 1 1; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case 5.1022 PD-305 and TTM32732 was given in accordance with applicable law; and WEHERAS, the Conditional Use Permit to allow the construction of multiple-family residential in the Resort Overlay has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and WEHERAS, the Conditional Use Permit to allow the restaurant use in the R-3 Zone has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and WHEREAS, on May 11, 2005, a public hearing on the project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: 'w ! �.ID City Council Staff Report June 29, 2005— Page 41 Case 5.1022 PD-305 &TTM32732 Section 1: Pursuant to CEQA, the Planning Commission finds that the Initial Study and Mitigated Negative Declaration adequately address the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The Planning Commission further finds that with the adoption of the proposed Mitigated Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: The proposed project has the single-family residential within the R-2 portion of the property. The R-2 Zone allows single-family residential use, subject to the R- 1-A development standards. The single-family residential use in the R-2 Zone is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the single-family residences. The following table outlines the development standards for the single-family residences: Single Family Residences — R-2 (R-1-A standards) Required Proposed Lot Area 20,000 Square Feet 6,150 to 10,788 Square Feet Lot Width 130 Feet 65 to 83 Feet (Interior) 140 Feet 67 to 75 Feet (Corner) Lot Depth 120 Feet 90 to 158 Feet Front Yard _ 25 Feet 5 Feet Side Yard 10 Feet 5 to 18 Feet Rear Yard 15 Feet 25 to 55 Feet Lot Coverage 35% 21 % to 37% Minimum Dwelling Size 1,500 Square Feet 2,300 Square Feet _ Building Height 12 Feet 24 Feet Maximum (At minimum Set Back) (18 Feet Maximum) _ Garage Access 25 Feet 5 Feet Section 3: The proposed project has the multiple-family residential within the R-3 portion of the property. The R-3 Zone allows multiple-family residential use, subject to the R-3 development standards. The multiple-family residential use in the R-3 Zone designation is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the multiple- family residences. The following table outlines the development standards for the residential condominiums: City Council Staff Report June 29, 2005— Page 42 Case 5.1022 PD-305 & TTM32732 Multiple Family Residential — R-3 Required Proposed Lot Area 20,000 Square Feet 149,897 Square Feet Lot Width 170 Feet 492 Feet Lot Depth 175 Feet 242 Feet Density 1 dwelling unit / 2,000 square feet 75 dwelling units 25 dwelling units Building Height 24 Feet 24 Feet Front Yard 30 Feet 34 Feet (Major Thoroughfare) Side Yard 25 Feet 61 Feet (East Property Line) 20 Feet (West Property Line) Rear Yard 25 Feet 25 Feet Building Distance 15 Feet 14 Feet to 19 Feet 30 Feet 40 Feet _ (courtyard) Parking Requirements 42 Covered 50 Covered _ (2 per unit) 10.5 Guest 25 Guest (1 per unit) Section 4: The proposed project has the restaurant within the R-3 Zone designation portion of the property. The R-3 Zone designation allows the restaurant use, subject to a conditional use permit. The restaurant use in the R-3 Zone designation can be consistent with the Zoning Ordinance; subject to the criteria per Section 92.04.01.D.17 and findings for the conditional use permit. The Planned Development District is proposing relief in the criteria for minimum lot area for the restaurant use. The following table outlines the development standards for the restaurant: Restaurant— R-3 (Section 92.04.01.D.17) Required Proposed Lot area 30,000 Square feet 24,766 Square feet Frontage on major thoroughfare 100 Feet 138 Feet Distance from any single-family 150 Feet 405 Feet residential zone Parking allowed in front yard None None Landscaped open space 25% of total site area 25% - 30% Restaurant— R-3 Required Proposed City Council Staff Report June 29, 2005— Page 43 Case 5.1022 PD-305 &TTM32732 Lot Width 170 Feet 138 Feet Lot Depth 175 Feet 148 Feet Building Height 24 Feet 18 Feet Front Yard Set Back 30 Feet 25 Feet Side Yard Set Back 20 Feet 20 Feet (Camino Real) 18 Feet 70 Feet Rear Yard Set Back 15 Feet 50 Feet Parking 23 Required 23 Parking (69 Seats) (1 space per 3 seats) Spaces Section 5: Pursuant to Section 94.02.00 of the Zoning Ordinance, the restaurant use is appropriate, subject to the following findings: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The R-3 Zone allows for the restaurant use, subject to a conditional use permit and the criteria outlined in Section 92.04.01.D.17 of the Zoning Ordinance. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed project would contribute to the services offered to visitors and permanent residences of the City. The proposed restaurant will provide a service to this development and the surrounding neighbors. The proposed project is desirable for the community and is in harmony with objectives of the General Plan is not detrimental to existing uses or to future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The subject property is adequate in size and shape for the restaurant use and will not affect the future uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The proposed restaurant is serviced by a collector street (Camino Real) and an emergency access, within the proposed project, to a major thoroughfare City Council Staff Report June 29, 2005— Page 44 Case 5.1022 PD-305 &TTM32732 (East Palm Canyon Drive). Both of these streets are fully improved and have the capacity to carry the type and quantity of traffic expected to be generated by the restaurant use. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The proposed criteria for a conditional use permit for the restaurant and the proposed development standards of the Planned Development District are necessary to protect the public health, safety and general welfare. Section 6: Pursuant to Section 92.25.00 of the Zoning Ordinance, the residential land use is appropriate in the Resort Overlay subject to the following findings: and c. That the proposed use is compatible with its surroundings; The subject property is adequate in size and shape for the proposed multi- family and is surrounded by a mixture of hotel, commercial, single-family residences, and multiple-family residential properties. The proposed project is serviced by fully improved streets that have the capacity to carry the type and quantity of traffic expected to be generated. d. That the site in question is not appropriate for other uses allowed by right within the underlying zone; There is a shortage of housing in the City of Palm Springs and the proposed project would contribute to the housing supply for the City. The proposed project is desirable for the community and is in harmony with the Housing Element and objectives of the General Plan. Section 7: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 7. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43/21, High Density Residential. The General Plan allows up to 116 dwelling units on the project site. The applicant is proposing 34 dwelling units and 1 commercial unit. Therefore, the proposed project is consistent with the General Plan. 8. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements will be constructed to the standards of the General Plan and Conditions of Approval associated with TTM 32732. The Planned Development District development standards have been determined to be compatible with overall goals and policies of the General Plan in order to provide quality architecture, open space and distinctive landscape elements. Therefore it is concluded that the Planned Development District development standards will not be in conflict with the overall intent of the General Plan. 9. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The project proposes the subdivision of approximately 5.55 acres into 11 lots of: 1 lot of approximately 149,897 square feet (3.44 acres) for 25 condominiums, 9 lots of approximately 6,150 to 10,788 square feet for the 9 single family residences, and 1 lot of approximately 24,766 square feet for the restaurant. The proposed development is under the maximum allowable density of 116 units, as permitted under the General Plan. The subject property is surrounded with a mix of single-family residential, multiple-family residential, hotel, and commercial uses and acts as a transition area between a more dense development pattern to the north and single-family neighborhood to the south. 10. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Initial Study and Mitigated Negative Declaration. The incorporation of the mitigation measures as prescribed in the Mitigated Negative Declaration will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 11. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Item No. . City Council Staff Report June 15, 2005 -- Page 46 Case 5.1022 PD-305 &TTM32732 Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 12, The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the Planning Commission hereby recommends that the City Council: 1. Order the filing of a Mitigated Negative Declaration; 2. Approve Planned Development District 305 for: a. A conditional use permit to allow the construction of 25 residential condominiums, 9 single family residences, and a restaurant of approximately 2,600 square feet in the Resort Overlay Zone; b. A conditional use permit to allow the restaurant use only in the location specified on the site plan; c. Allow relief in the criteria, per Section 92.04.01.D.17 of the Zoning Ordinance, for minimum lot area for a restaurant; d. Establish development standards for the 25 residential condominiums, 9 single-family residences, and restaurant; 3. Approve Tentative Tract Map 32732 for the subdivision of approximately 5.55 acres into 11 lots of: 1 lot of approximately 149,897 square feet (3.44 acres) for 25 condominiums, 9 lots of approximately 6,150 to 10,788 square feet for the 9 single family residences, and 1 lot of approximately 24,766 square feet for the restaurant. ADOPTED this 11 th day of May 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairperson Planning Commission Secretary 9 City Council Staff Report June 15, 2005 -- Page 47 Case 5.1022 PD-305 &TTM32732 EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32732 - TENTATIVE TRACT MAP CASE 5.1022 PD-305 - PLANNED DEVELOPMENT DISTRICT 111/CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE MAY 11, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM32732 —Tentative Tract Map and Case 5.1022— Planned Development District 305. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the City Council Staff Report June 15, 2005 -- Page 48 Case 5.1022 PD-305 &TTM32732 property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. CC&R's 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. I City Council Staff Report June 15, 2005 -- Page 49 Case 5.1022 PD-305 &TTM32732 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 13. The Planned Development District approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 14. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. 15.The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. City Council Staff Report June 15, 2005 -- Page 50 Case 5.1022 PD-305 &TTM32732 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 17. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 19. All materials on the flat portions of the roof shall be earth tone in color. 20. All awnings shall be maintained and periodically cleaned. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 27. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 29. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. I I 30. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. I City Council Staff Report June 15, 2005 -- Page 51 Case 5.1022 PD-305 &TTM32732 31. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 33. The applicant shall provide all tenants with Conditions of Approval of this project. 34. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 35. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 36. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 37. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 38. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 39. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 40. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "Ll" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 41. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 42. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 43. The development standardsfor the single-family residences are as follows: Single Family Residences— R-2 (R-1-A standards) Lot Area 6,150 to 10,788 Square Feet Lot Width 65 to 83 Feet 67 to 75 Feet City Council Staff Report June 15, 2005 -- Page 52 Case 5.1022 PD-305 &TTM32732 Lot Depth 90 to 158 Feet _ Front Yard 5 Feet Side Yard 5 to 18 Feet Rear Yard 25 to 55 Feet Lot Coverage 21 % to 37% _ Minimum Dwelling Size 2,300 Square Feet _ Building Height 24 Feet Maximum _ Garage Access 5 Feet 44, The development standards for the residential condominiums are as follows: Multiple Family Residential — R-3 Lot Area 149,897 Square Feet _ Lot Width 492 Feet Lot Depth 242 Feet _ Density 25 dwelling units Building Height 24 Feet _ Front Yard 34 Feet Side Yard 61 Feet (East Property Line) 20 Feet (West Property Line) Rear Yard 25 Feet Building Distance 14 Feet to 19 Feet 40 Feet Parking Requirements 50 Covered (2 per unit) 25 Guest (1 per unit) 45. The development standards for the restaurant are as follows: Restaurant— R-3 (Section 92.04.01.D.17) Lot area 24,766 Square feet Frontage on major thoroughfare 138 Feet Distance from any single-family residential zone Parking allowed in front yard None Landscaped open space 25% Lot Width 138 Feet Lot Depth 148 Feet Building Height 18 Feet Front Yard Set Back 25 Feet Side Yard Set Back 20 Feet 70 Feet Rear Yard Set Back 50 Feet Parking 23 Parking Spaces (69 Seats) POLICE DEPARTMENT I City Council Staff Report June 15, 2005 -- Page 53 Case 5.1022 PD-305 &TTM32732 46. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 47. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 48. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 50. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 51. EAST PALM CANYON DRIVE 52. Dedicate an easement for sidewalk purposes along the entire frontage for portions of the sidewalk that encroach onto private property, including concentric with the back of the sidewalk adjacent to the bus turn out. 53. DEFERED: APPLICANT WILL SETUP TRUST FUND OF A DOLLAR AMOUNT DETERMINED BY THE CITY ENGINEER. IF GENERAL PLAN CHANGES TO NOT REQUIRE THE WIDENING OF THE STREET, THEN THE TRUST FUND MONEY WILL BE REFUNDED TO THE APPLICANT. Remove the existing curb and gutter, and sidewalk, and construct an 8 inch curb and gutter 38 feet south of the centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. I 54. Construct a 35 feet radius curb return and spandrel at the southeast corner of East Palm Canyon Drive and Camino Real, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 55. Remove and reconstruct the existing nuisance drain and connection drainage pipe located at the southeast corner of East Palm Canyon Drive and Camino Real, to the satisfaction of the City Engineer. City Council Staff Report June 15, 2005 -- Page 54 Case 5.1022 PD-305 &TTM32732' 56. REVISED: CONSTRUCT A 8 FOOT WIDE MEANDERING ... Construct a 5 feet wide meandering colored concrete sidewalk along the entire frontage. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Note, this condition defers construction of the master-planned bikepath along the south side of East Palm Canyon Drive; the developer shall deposit with the City $5,000 to construct a future Class II bikepath across the entire frontage, as approved by the City Engineer. 57. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of East Palm Canyon Drive and Camino Real in accordance with City of Palm Springs Standard Drawing No. 212, 58. Construct a minimum 20 feet wide emergency access driveway approach and 6 inch concrete driveway with a centerline located approximately 35 feet west of the east property line as shown on the approved site plan in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and locked; with a lock box key provided to the Fire Department for emergency access. 59. Construct a 170-feet long by 12-feet wide bus turn out at the southeast corner of East Palm Canyon Drive and Camino Real. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. 60. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. CAMINO REAL 61. REVISED: CONSTRUCT 5 FEET WIDE SIDEWALK BEHIND THE CURB ALONG THE ENTIRE FRONTAGE IN ACCORDANCE WITH CITY OF PALM SPRINGS STANDARD DRAWING NO. 210. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. I 62. Remove the existing curb and gutter as necessary to construct a 32 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205, The centerline of the Main Entry shall be located approximately 260 feet south of the centerline of East Palm I Canyon Drive, as shown on the approved site plan. 63. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 214. 64. All broken or off grade street improvements shall be repaired or replaced. TWIN PALMS DRIVE ,a City Council Staff Report June 15, 2005 -- Page 55 Case 5.1022 PD-305 &TTM32732 65. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 66. All broken or off grade street improvements shall be repaired or replaced. ON-SITE DRIVEWAYS AND PARKING AREAS 67. REVISED: ALL DRIVE AISLES SHALL HAVE A 24 FEET MINIMUM WIDTH, SUBJECT TO APPROVAL BY FIRE DEAPRTMENT. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the approved site plan. All drive aisles shall have a 26 feet minimum width. 68. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site stormwater runoff to on-site detention basins and/or parkways, in accordance with applicable City Standards. 69. Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 70. The 20 feet wide emergency access to East Palm Canyon Drive shall be constructed as a concrete driveway, or with turf block or other approved permanent and stabile materials, as approved by the Fire Marshal. SANITARY SEWER 71.All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 72. An on-site private sewer system shall collect sewage from the development and connect to the public sewer system in Camino Real and/or East Palm Canyon Drive. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary provided sufficient invert information is indicated on the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the private mains, (i.e. building sewers and laterals from the buildings to the on-site private sewer mains), are subject to review and approval by the Building Division. I 73.All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING City Council Staff Report June 15, 2005 -- Page 56 Case 5.1022 PD-305 &TTM32732 74. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 75. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 78. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to j approval of the Grading Plan. 79. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits j involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). J .. lS City Council Staff Report June 15, 2005 -- Page 57 Case 5.1022 PD-305 &TTM32732 DRAINAGE 80. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract 32732, prepared by Fomotor Engineering, (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 81. On-site retention/detention basins shall be limited in size and depth if proposed along the perimeter of the development. Not more than 40% to 50% of the perimeter of the development shall be used for retention purposes. The size and location of above ground retention/detention basins shall be subject to review and approval by the Director of Planning Services and the City Engineer. 82. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 83. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189, Fees shall be paid prior to issuance of a building permit. GENERAL 84.Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115, 85.All proposed utilities shall be installed underground. 86.All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. 87. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved plans shall be submitted to the City Engineer for approval prior to construction. 88. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, City Council Staff Report June 15, 2005 -- Page 58 Case 5.1022 PD-305 &TTM32732 and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across the south and east property lines, as well as the overhead line terminating at the northwest corner of the property meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 89. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 90. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 91. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 92. The developer shall deposit the sum of $3,300 as the proportionate share of the cost of future construction of traffic calming measures to be installed by the City or others on Camino Real, to mitigate increased traffic in the area resulting from this development. 93. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed to control egressing vehicles from the development in accordance with City of Palm Springs Standard Drawing No. 620-625 at the Main Entry. i I City Council Staff Report June 15, 2005 -- Page 59 Case 5.1022 PD-305 &TTM32732 94. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified as necessary to facilitate the required widening of the southeast corner of the intersection of East Palm Canyon Drive and Camino Real. Submit traffic signal modification plans and technical specifications (special provisions) prepared by a registered Civil or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be modified in conjunction with adjacent street improvements, and shall be completed prior to issuance of a certificate of occupancy. 95. A minimum of 48 inches of sidewalk clearance shall be provided around all above-ground facilities for handicap accessibility. The developer shall provide same through dedication of easement i and/or widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the East Ramon Road, Paseo Dorotea, Camino Parocela, and Calle Santa Cruz frontages of the subject property. 96. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones," dated 1996, or subsequent additions in force at the time of construction. 97. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits. i I I 4)i, :;, City Council Staff Report June 15, 2005 -- Page 60 Case 5.1022 PD-305 &TTKA32732 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY 1. Case No: 5.1022 PD 305/TTM 32732 Project title: Tahiti Partners/Oceo 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Gary Wayne, Director of Planning Services Tel: (760) 323-8245 4. Project location: The 5.5 acre site is located at the southeast corner of Camino Real and E. Palm Canyon Drive in the City of Palm Springs 5. Project sponsor's name and address: 11 I/Camino Real, LLC 5305 E. Second Street, Suite 204 Long Beach, CA 90803 City Council Staff Report June 15, 2005 -- Page 61 Case 5.1022 PD-305 &TTM32732 6 Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project site is located at the southeast corner of East Palm Canyon Drive and Camino Real within the City of Palm Springs in the County of Riverside. Local access to the site is provided by East Palm Canyon Drive and Camino Real. Project location is provided on Exhibits 1 and 2. The project proposal involves the filing of a Tentative Tract Map (TTM No. 32732). The project site is composed of two parcels (APN 511-042-012-6. and APN 511-042-011-5) totaling 5.5 acres. The proposal is to develop 9 single-family detached residential dwelling units, 25 townhomes, and a 5,000 square foot sit-down restaurant(Exhibit 3, Site Plan). The proposed restaurant would be located at the northwest comer of the site at the signalized intersection. The lownhomes and the restaurant are currently located in the R-3 (Multiple-Family/Hotel) zone while the single-family residential lots are in R-2 (Limited Multiple) zone. The site plan shows all internal circulation along the perimeter of the site with access to the site from Camino Real, and emergency access from East palm Canyon Drive. Parking would be provided along the east, north and west perimeter of the site. The project would provide 98 parking spaces. Buildings cover thirty percent of the site, while folly-eight percent is landscaped. All the residential buildings would have individual patio and pool areas. The site would have a 6-foot block wall along its perimeter. 7. Present Land Use: Vacant S. General Plan designation: H-43/21 High Density 9. Zoning: R-3 (Multi-Family& Residential (threshold of 15 and a max. of 21 DU/acre Hotel), R-2 (Limited Multiple Zone) 10. Is the proposed action a "project" as defined by CEQA? (See Section 2.6 of State CEQA Guidelines. If more than one project is present in Yes 0 No ❑ the same area, cumulative impact should be considered) 11. If"yes" above, does the project fall into any of the Emergency Projects Yes ❑ No 0 listed in Section 15269 of the State CEQA Guidelines? 12. If"no" on 10., does the project fall tinder any of the Ministerial Acts Yes ❑ No 0 listed in Section 15268(b)of the State CEQA Guidelines? 13. If "no" on 11., does the project fall under any of the Statutory Yes ❑ No 0 Exemptions listed in Article 18 of the State CEQA Guidelines? 14. If "no" on 12., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have a significant Yes ❑ No 0 effect due to special circumstances, a categorical exemption does not apply). City Council Staff Report June 15, 2005 -- Page 62 Case 5.1022 PD-305 &TTM32732 15. Surrounding land uses and setting(briefly describe the project's surroundings): North: East Palm Canyon Drive,Vacant land, under development South: Single-family residences East: Motel and associated services West: Camino Real, Restaurant 16. Surrounding General Plan and Zoning: North: H43/21 High Density Residential South: MI5 Medium Density Residential East: H43/21 High Density Residential West: I I43/21 High Density Residential 17. Is the proposed project consistent with(if answered"yes"or"n/a", no explanation is required): City of Palm Springs General Plan Yes El No ❑ N/A ❑ Applicable Specific Plan Yes ❑ No ❑ N/ARl City of Palm Springs Zoning Ordinance Yes E No ❑ N/A ❑ South Coast Air Quality Management Plan Yes Q No ❑ N/A❑ Ali-port Part 150 Noise Study Yes ❑ No ❑ N/A C✓I IX City Council Staff Report June 15, 2005 -- Page 63 Case 5.1022 PD-305 &TTM32732 18. Are any of the following studies required? Soils Report Yes 0 No ❑ Slope Study Yes ❑ No Q Geoteclmical Report Yes Q No ❑ Traffic Study Yes Q No ❑ Air Quality Study Yes ❑ No Q Hydrology Yes 0 No ❑ Sewer Study Yes ❑ No Q Biological Study Yes ❑ No ❑ Noise Study Yes Rl No ❑ Hazardous Materials Study Yes ❑ No Rl Housing Analysis Yes ❑ No Q Archaeological Report Yes ❑ No Q Gromidwater Analysis Yes ❑ No 0 Water Quality Report Yes ❑ No L✓7 Other Yes ❑ No 21 19. Other public agencies whose approval is required(e.g.,permits, financing approval, or participation agreement.) City of Palm Springs for Building Permits, encroachment permits, etc. 20. Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Update• City Council Staff Report June 15, 2005 -- Page 67 Case 5.1022 PD-305 &TTM32732 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact'as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources 0 Cultural Resources ❑ Geology/Soils Hazards &IIazardous ❑ hydrology/Water ❑ Land Use/Planning Materials Quality ❑ Mineral Resources Ll Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/ Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1.AESTHETICS --Would the project: a) Have a substantial adverse effect on a ❑ ❑ Rl ❑ scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ Q outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ Q surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ Q ❑ nighttime views in the area? The San Jacinto Mountains are located to the south of the project site, and Little San Bernardino Mountains are located to the north. East Carryon Drive, which borders the site on its north boundary, is designated a scenic roadway. The proposed project design is limited to two stories in height, and is similar in mass and scale to surrounding development. Views to the south will not be significantly affected by this scale of development, given the distance from the site to the San Jacinto mountains to the south.The proposed project will result in less than significant impacts related to scenic vistas. There are no significant trees, rock outcroppings, historic buildings or other significant aesthetic resources on the project site. The proposed project would not substantially degrade the visual character of the surroumding areas City Council Staff Report June 15, 2005 -- Page 68 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact because the predominant ]and use in the project area is high-density residential uses interspersed with hotels and restaurants. The proposed project would visually blend with these uses. The proposed project will result in some nighttime security lighting from parking lot lights and lights from the residential homes, and the restaurant. However, the project site is in an urbanized area, and will be required to conform to City lighting standards, which limit the potential for light spillage on adjacent properties. The site will also be surrounded by a perimeter wall, which will block headlight glare on adjacent streets. Impacts associated with light and glare are expected to be less than significant. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert. Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland ❑ ❑ ❑ Rl Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act ❑ ❑ ❑ Q contract? c) Involve other changes in the existing environment, which, due to their location or ❑ ❑ Q nature, could result in conversion of Farmland, to non-agricultural use? The project site is in the center of the City, and is not zoned for agricultural use. The site is currently zoned for residential and hotel uses, and is not subject to a Williamson Act contract. No agricultural land uses of regional or statewide importance are located within the City boundaries. The project site would not involve any changes that would affect agricultural uses. City Council Staff Report June 15, 2005 -- Page 69 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation ❑ ❑ Q ❑ 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-attaimnent under an applicable federal or state ambient air quality ❑ ❑ 0 ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ Q ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ 0 ❑ substantial number of people? The proposed project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Development at the project site will be governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002 Coachella Valley PM10 State Implementation Plan (CVPM10 SIP). CEQA requires that projects be consistent with the applicable AQMP. The proposed project is construction of 9 single-family detached residential dwelling emits, 25 townhomes, and a 5,000 square foot restaurant. The project is consistent with the General Plan land use designation for the site as well as the regional air quality plarming undertaken by the SCAQMD. Following construction, the main air pollutants generated in association with the proposed project would be traffic-related. Operational emissions from the project would be within established thresholds and construction emissions exceeding daily thresholds would be mitigated through implementation of measures from the South Coast Air Quality Management District CEQA Handbook (refer to discussion under item 3.b, below). Therefore, the project is not anticipated to conflict with or obstruct implementation of the 2003 AQMP. This impact is considered less than significant. The Federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table III-1 and described in detail below. TABLE III-1 FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS City Council Staff Report June 15, 2005 -- Page 70 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Pollutant AVERAGING TIME Federal Primary State Standard Standard Ozone(03) 1-Hour 0.12 ppm 0.09 ppm 8-Hour 0.08 ppm Carbon Monoxide(CO) 8-Hour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppin Nitrogen Oxide(NO,,) Annual 0.05 ppm -- 1-IIour 0.25 ppm Annual 0.03 ppm Sulfur Dioxide(SO,) 24-Hour 0.14 ppm 0.04 ppm 1-Hour 0.25 ppm Animal 50 µg/m3 30 µg/m3 PM,° 24-Hour 150 µg/m3 50 µg/m3 Annual 15 µg/m3 PM 2.5 24-IIour 65 µg/m3 Lead 30-Day Avg. 1.5 µg/m3 Month Avg. 1.5 µg/m3 Sota'ce: California Air Resota'ces Bocud, "Ambient Air O mllty Standards,"Jmta uy 23, 1999 ppttt—pal Is per million pgha3=Mic,ogranis per Cubic Hele Ozone (03) is the most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons, known as ozone precursors, are combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the build-up of directly emitted contaminants. CO health wanting and emergency episodes occur almost entirely during the whiter. The most significant source of carbon monoxide is gasoline powered automobiles, as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides (NO J the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including: high levels of fine particulate matter, poor visibility and acid deposition. Sulfur Dioxide (SO2) results from the combustion of high sulfur content fuels. Fuel combustion is the major source of S02, while chemical plants, sulfur recovery plants, and metal processing are minor contributors. Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight. S02 levels are generally higher in the winter than in the summer (when sunlight is plentiful and sulfate is more readily formed). City Council Staff Report June 15, 2005 -- Page 71 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Particulate Matter (PM,o and PM2.5) consists of particles in the atmosphere as a by-product of fuel combustion, through abrasion such as tire wear, and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PM10 refers to finely divided solids or liquids such as soot, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2.5 micrometers in diameter and are also referred to as PM2 5. Lead is found in old paints and coatings, plumbing and a variety of other materials. Once in the blood stream, lead can cause damage to the brain, nervous system, and other body systems. Children are most susceptible to the effects of lead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. The SCQAMD has established significance thresholds for operational and construction-related emissions on a pounds per day basis as shown.in TABLE III-2 EMISSIONS SIGNIFICANCE THRESHOLD CRITERIA (POUNDS/DAY) Pollutant CO ROG NO_r SOx PMco Operational Emissions Pounds/Day 550 55 55 150 150 Construction Emissions Pounds/Day 550 75 100 150 150 Source: SCQAMD, CEQA Air Quality Handbook,November 1993 Projects in the Coachella Valley with peals(highest daily) operation-related emissions that exceed any of these emissions thresholds should be considered significant. Construction activities are a minor source of organic gas emissions. Solvents in adhesives, non- waterbase paints, thinners, some insulating materials and caulking materials would evaporate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. The URBEMIS-2002 for Windows (Version 7.4.2) program estimates maximum emissions from site grading, construction worker trips, stationary and mobile equipment, architectural coatings and asphalt off-gassing. URBEMIS 2002 was used to estimate potential emissions for the proposed project. Emissions from construction activities (grading and building), area sources (consumer products) and operations (vehicles) are provided in Table HI-3. These calculations assume that no demolition will be necessary as the project site is currently vacant. Construction would occur over an 18-month period with project occupancy estimated in December 2006. TABLE III-3 ESTIMATED EMISSIONS RESULTING FROM PROJECT CONSTRUCTION ACTIVITIES(POUNDS/DAY) ROG NQ� CO SOi PM TOTAL PMu, PMIo Io EXHAUST DUST S/W S/W S/W S/W S/W S/W S/W 2005 Conshuctlon 100.30 5042 57.28 0.02 2.33 229 0.04 2006 Constmchcn 637 47.05 52.51 0.00 214 2A2 0.02 City Council Staff Report June 15, 2005 -- Page 72 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact S w S w S w S w S w S w S w Area Source Emissions 187 1.69 0.36 0.35 1.43 0 15 000 0.00 000 000 Operational (Vehicle) 7.77 7.48 8.35 1269 102.42 90.59 0.09 0.08 7.90 7.90 Emissions Sum of Area&. 964 9 17 8 71 13.04 103.85 90.74 0.09 0.08 790 790 Operational Emissions Key: S=Summer; W= Winter The major air quality impacts resulting from project construction would be increased ROG emissions primarily from off-road diesel construction equipment and fugitive dust. As shown in Table III-3, thresholds would be exceeded on a pounds per day basis for ROG (100.30 lbs/day vs. threshold of 75 lbs/day). All other pollutants (NO,;, CO, SO, and PM16) world be below thresholds for pounds per day during both 2005 and 2006 construction. Mitigation is provided consistent with the provisions of the South Coast Air Quality Management District CEQA Handbook to reduce construction-related emissions. As indicated in Table 11I-3, the project would be within all thresholds for operational emissions. Therefore, operational air quality impacts are considered less than significant. Mitigation Measures MM I11-1 To the extent feasible, the project contractor shall use the following equipment and methods to reduce construction emissions: Measures to mitigate for off-road mobile source emissions (Table 11-3 of SCABMD CEQA Handbook): • Methane-fueled pile drivers. • Use electricity from power poles rather than temporary diesel or gasoline power generators. • Use methanol or natural gas on-site mobile equipment instead of diesel. • Use propane or butane-powered on-site mobile equipment instead of gasoline. To mitigate for PM16 Emissions: Grading • Apply non-toxic soil stabilizers according to manufacturers' specification to all inactive construction areas (previously graded areas inactive for ten days or more). • Replace ground cover in disturbed areas as quickly as possible. `�� n City Council Staff Report June 15, 2005 -- Page 73 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • Enclose, cover, water twice daily or apply non-toxic soils binders according to manufacturers' specifications, to exposed piles (i.e., gravel, sand, dirt) with 5% or greater silt content. • Water active sites at least twice daily. • Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. • Monitor for particulate emissions according to District-specified procedures. Contact the District for more information at(714) 396-3600. Paved Roads • Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and equipment leaving the site each trip. (paved Roads 11 • Apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces. • Traffic speeds on all unpaved roads to be reduced to 15 mph or less. • Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles. • Pave all constriction access roads at least 100 feet on to the site from the main road. • Pave construction roads that have a daily traffic volume of less than 50 vehicle trips. MM III-2 The following measures from the District's Rule 403, Table 1 Best Available Control Measures (Applicable to All Construction Activity) shall also be implemented: • Stabilize backfill material during handling and at completion of activity. City Council Staff Report June 15, 2005 -- Page 74 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • Pre-water soils prior to cut and fill activities. • Stabilize wind erodible surfaces to reduce dust. • Stabilize surface soils where support equipment and vehicles will operate. • Stabilize disturbed soils throughout the construction site. • Pre-apply water and re-apply water as necessary to maintain soils during earth- moving activities. Visible emissions shall not exceed 100 feet in any direction. • Maintain at least six feet of freeboard on haul vehicles. • Stabilize stockpiled soils. • Limit vehicular travel to established unpaved roads (haul routes) and unpaved parking lots. The above measures shall be implemented during all grading and construction phases of the project and enforced/monitored by the City of Palm Springs and the SCAQMD. Implementation of these mitigation measures would reduce construction-related emissions in accordance with the reduction efficiencies shown in Tables 11-3 and 11-4 of the SCAQMD CEQA Handbook. These measures are considered adequate by the District to reduce emissions to less than significant. Further, the project would not result in a cumulatively considerable net increase of any criteria pollutant. The project site is adjacent to single-family homes to the south. Construction activities would involve the use of a variety of gasoline or diesel powered equipment that emit exhaust fumes. Some residents to the south, particularly those closest to the southern border of the project site would potentially be exposed to nuisance dust and heavy equipment emission odors (e.g. diesel exhaust) during construction. However, the duration of exposure would be short as extensive earthmoving would not be required. Furthermore, exhaust from construction equipment dissipates rapidly and these residences are separated from the site by East Twin Palms Drive. Therefore, odor impacts and impacts to sensitive receptors are considered to be less than significant. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ Q ❑ ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? City Council Staff Report June 15, 2005 -- Page 75 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ ❑ Q plaits, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, veinal ❑ ❑ ❑ Yl 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 ❑ ❑ Rl ❑ 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, ❑ ❑ ❑ Q 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 ❑ ❑ ❑ 0 approved local, regional, or state habitat conservation plan? A biological resource survey was conducted by AMEC Earth & Environmental Inc., for the proposed project site'. The proposed project site has been cleared in the past, is isolated from other undisturbed open space, and has been highly disturbed. The survey found that despite degradation of the project area,the project site still contains at least one sensitive biological resource,the Pahn Springs (Coachella Valley)Round-tailed Ground Squirrel. The Palm Springs Round-tailed Ground Squirrel (Spermophilus terelicaudus chlorus), also know as the Coachella Valley Ground Squirrel, occurs in the flatter, sandy portions of the Coachella Valley. Several burrows were found under the existing cacti on the western end of the property. The species is included in the Coachella Valley Multiple Species Habitat Conservation Plan (MSFICP) currently under review. ' "East Palm Canyon Drive/Camino Real Biological Resource Survey,"prepared by AMEC Earth&Environmental,June 2004. City Council Staff Report June 15, 2005 -- Page 76 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact The population found at the site is isolated and cut off from the gene pool for the species, and has limited long term viability. The ground squirrel occupies much of the same habitat as that which is suitable for the Coachella Valley Fringe-toed Lizard, for which a Habitat Conservation Plan mitigation fee is in place. The proposed project is within the fee area, and will be required to participate at the time that building permits are issued. This fee will help to mitigate the potential impacts associated with ground squirrel as well. The biological survey also included consideration of the potential for occurrence of the Casey's June Beetle (Dinocoma caseyi) (CJB) on the site. The project site has been highly disturbed. If CJB were on the site, it is likely they would have perished during the period during which no larval host plants were present. Once extirpated, it would be impossible for the CJB to reoccupy the site. According to AMEC, there are no recent specific records of the species closer than the core Smoke Tree Ranch population (which is less than one mile to the south and east). For this reason, AMEC concluded that the CJB does not occur on this site. Finally, the survey found that the cactus stand on the western end of the property has been used by nesting birds. Migratory birds may use the site for nesting in the spring. There is no natural drainage stream and therefore no riparian habitat on site. The project site is located near the foothills of the San Jacinto Mountains, and there are no unlined water channels on the project site.Therefore,the project would not impact wetlands. Development of the project site has the potential to impact biological resources, if not mitigated. In order to assure that potential impacts are reduced to less than significant levels, the following mitigation measures shall be implemented. 1. Site clearing shall occur prior to January or after June. Should site clearing be planned for the period from January 1 to June 30, the project proponent shall secure the services of a qualified biologist to complete a pre-construction survey, and recommend mitigation if required. 2. The applicant shall pay the mitigation fee in place at the time of issuance of building permits for the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. 3. Because two sensitive plant species could occur on the project site, the applicant shall notify CDFG 10 days prior to grading in order to satisfy the ;`U City Council Staff Report June 15, 2005 -- Page 77 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact requirements of the California's Native Plant Protection Act. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as ❑ ❑ ❑ Q defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ Q pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ Q geologic feature? d) Disturb any human remains, including ❑ ❑ ❑ Q those interred outside of formal cemeteries? The project site and the surrounding areas are highly urbanized with high density residential and hotel uses. The project site is currently vacant. Based on the disturbed and developed nature of the project area, and the lack of any noteworthy architectural design or buildings in the surrounding area, the project area does not appear to contain any prehistoric or historic resources that are potentially eligible for inclusion on the National Register of Historic Places, the California Register of Historic Places, or the California Historic Landmarks. Due to previous disturbance and the lack of significant cultural resources in the area, the probability for significant cultural resources to be found on-site is considered low. Moreover, the project area is located outside the Prehistoric Archaeological Resource Areas identified in the City of Palm Spring General Plan. However, to ensure that no significant impacts will occur, mitigation is required, as follows: 4. Ali on-site monitor will be present during all earth moving activities. The monitor shall be empowered to halt grading or redirect activities if suspected archaeological resources are uncovered. The monitor shall prepare a report of monitoring activities and submit it to the City for review and approval within 30 days of completion of earth moving activities on the site. 6. GEOLOGY AND SOILS -- Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss,injury, or death involving: City Council Staff Report June 15, 2005 -- Page 78 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ❑ ❑ ❑ Q substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ Rl ❑ iii) Seismic-related ground failure, including ❑ ❑ 0 liquefaction? iv)Landslides? ❑ ❑ ❑ Q b) Result in substantial soil erosion or the ❑ ❑ Q ❑ loss of 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 ❑ ❑ ❑ 21 on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ Q (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 waste water? The San Andreas Fault system is located approximately 6.5 miles northeast of the project site and the San Jacinto Fault System is approximately 5 miles south of the project site. The project site is not located within a State of California Alquist-Priolo Earthquake Fault Zone. A geotechnical investigation was completed for the proposed project?. The study found that the project site, and the rest of the City, are likely to be subjected to a magnitude 7.7 earthquake from the southern segment of the San Andreas fault. The ground motion impacts on-site are no greater than those expected for the surrounding region. The proposed project will be required to meet the seismic requirements for projects located in a Zone 4 groundshaking zone, as defined by the Uniform Building Code. The implementation of these codes will assure that construction at the site mitigates potential impacts associated with groundshaking. The impacts associated with seismic ground motion are considered to be less than significant. The potential z "Geoteclmical Engineering Report Proposed Multi Family Development. "prepared by Earth Systems Southwest,December 2003. City Council Staff Report June 15, 2005 -- Page 79 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact for liquefaction is negligible, due to the absence of shallow ground water and the predominance of alluvial material in the area. The potential for seismically induced ground subsidence is considered moderate, but will be addressed in site specific soils analyses required by the building department as part of the building permit issuance process. There are no hillsides or rock formations adjacent to, or within the project site. The potential for landslides or rock fall is therefore non-existent. The project would not result in any uses that would cause substantial soil erosion of the site's flat topography. Since the site has been previously disturbed and a dust control plan would be developed prior to site preparation or construction activities, the loss of topsoil is considered insignificant. The soils at the project site are not expansive, and no impact is expected to result from expansive soils at the project site. The proposed project will connect to sanitary sewer facilities, and will not include septic tanks. 7. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the public or the environment through the routine ❑ 0 El Q transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, ❑ 0 d 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 ❑ ❑ ❑ d 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 0 ❑ � Q or public use airport, would the project result in a safety hazard for people residing or working in the project area? City Council Staff Report June 15, 2005 -- Page 80 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, would the project result in a ❑ ❑ ❑ 0 safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency ❑ ❑ ❑ Q response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where ❑ ❑ ❑ ❑ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project involves the development of 25 townhomes and 9 single-family residences and a restaurant. The proposed project is not anticipated to handle, store or transport hazardous materials. Prior to issuance of a building permit for the restaurant, the project proponent must submit plans for review by the City's various departments (such as fire, police) and the County Department of Health. This review will address any issues associated with hazards on that portion of the site. There are no schools located or planned within 0.25 miles of the project site. Thee are no airports within one-mile of the project site. The project will not expose people working or residing in the project area to any safety hazards from an airport. The proposed project is not within the boundaries of an airport land use plan, or in a wildland fire hazard area. There are no aspects of the project that will impair or interfere with any adopted emergency response or evacuation plans 8. HYDROLOGY AND WATER QUALITY--Would the project: a) Violate any water quality standards or ❑ ❑ ❑ 10 waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level ❑ ❑ ❑ ❑ (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? City Council Staff Report June 15, 2005 -- Page 81 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ Q ❑ 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 ❑ ❑ Rl ❑ 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 ❑ ❑ 17 ❑ Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect ❑ ❑ ❑ flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving ❑ ❑ ❑ Rl flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ ❑ Rl mudflow? The project site will be served by Desert Water Agency (DWA), which supplies domestic water to the City. The DWA pumps water from a number of wells throughout the area for domestic use. DWA also recharges groundwater through recharge basins located in the eastern-most portion of the City. The construction of the residential units and the restaurant will not result in excessive use of water. The DWA, through its urban water management planning, will continue to plan for the recharge and supplementation of groundwater to serve the City. The City's General Plan also requires the implementation of water conserving measure in all new development. These standards and policies will Eu,:.%l_ S.:a City Council Staff Report June 15, 2005 -- Page 82 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact help to reduce potential impacts on water resources. Impacts are expected to be less than significant. Development of the project will change the quality of storm water ninoff from the site due to non-point source pollution (such as storm water discharge). During the constriction phase, soil loss may occur due to erosion of exposed soils to some limited extent, particularly over newly graded areas. However, development will not significantly impact the local and regional surface water quality. The project proponent will be required to comply with the City's standards associated with surface water management, including the preparation of a National Pollution Discharge Elimination System (NPDES) permit for non-point pollution associated with construction activities. A Stormwater Pollution Prevention Plan is also required to be prepared for this project to ensure compliance with NPDES. The project will connect to existing sanitary sewer systems to ensure that waste is appropriately treated. No impacts associated with water quality are expected to occur as a result of project implementation. The project site is located in a B Zone, according to the FEMA reaps. This designation indicates that the property is outside the 100 year flood plain. A preliminary hydrology study was prepared for the proposed project3. The study found that the project will result in an incremental increase of 17,698 cubic feet of storm water in a 100 year stone. The drainage plan has been designed to capture the increased runoff onsite from a 100-year storm, and route it to an underground storm drain retention pipe. Therefore all incremental increases in storm water will be retained onsite. The City Engineer will review hydrologic and hydraulic analyses for the project site to ensure that housing is located above the flood hazard. Impacts associated with flooding are expected to be less than significant. The proposed project will not inject any water into the ground or directly discharge into surface waters. In addition, as previously stated, the project will be subject to NPDES standards for stone water quality. These standards will assure that potential impacts associated with drainage patterns on the site are less than significant. The project site is not located in the vicinity of a dam sea, ocean or inlet. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established ❑ ❑ ❑ 0 community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, ❑ ❑ ❑ Q local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3 "Preliminary Hydrology Report Tract 32723,"prepared by Fomotor Engineering,August,2004. City Council Staff Report June 15, 2005 -- Page 83 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ 0 Q conservation plan? The project site is vacant, and is bordered by vacant land under development to the north, single-family residences to the south, a motel to the east, and resort uses and a restaurant use to the west. The proposed development of 9 single-family detached residential dwelling units, 25 townhomes and 5,000 square feet sit-down restaurant is compatible in land use and will blend in with the surrounding uses. The proposed project is consistent with the General Plan and Zoning designations assigned to the property.The proposed project is vacant and will not divide an established community. The project site is located within the boundaries of the Coachella Valley Fringe-toed Lizard Habitiat Conservation Plan, and will be required to comply with that plan. 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of ❑ ❑ 0 value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery ❑ ❑ 1) site delineated on a local general plan, specific plan or other land use plan? According to the California Division of Mines and Geology(Miller, 1988), the site is not located within an established significant mineral resource zone. The land has been classified as being located within Mineral resource Zone MRZ-3, which is defined as an area containing mineral deposits the significance of which cannot be evaluated from available data. Since the site is not located within a designated mineral resource zone,no expected loss of mineral resources would occur due to development. 11.NOISE—Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ❑ ❑ ❑ ❑ ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ❑ ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity ❑ ❑ ❑ Q above levels existing without the project? City Council Staff Report June 15, 2005 -- Page 84 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) A substantial temporary or periodic increase in ambient noise levels in the Q project vicinity above levels existing without the project? e)For a project located within an airport land rise plan or, where such a plan has not been adopted, within two miles of a public airport d or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose El people residing or working in the project area to excessive noise levels? A noise analysis has been completed by Urban Crossroads (November, 2004) to determine the exterior and interior noise exposure at the project site, and to incorporate the necessary noise mitigation measures for this project. The City of Palm Springs relies on the CNEL noise standard to assess transportation related impacts on noise sensitive land uses. For noise sensitive residential uses, the City Noise Element adopted a standard for maximum outdoor noise levels of 65 dBA CNEL. The proposed project site will be impacted by short term construction noise, as well as long tern noise associated with operation of the residential and restaurant uses on the site. Construction impacts are primarily related to the operation of heavy equipment, while long-tern noise impacts are generally associated with on-site mechanical equipment and project related vehicle trips. For the proposed project, the highest short term noise generating activities would include grading activities at the site. The peak noise level for most of the equipment that would be used during construction is 70 to 95 dBA at a distance of 50 feet.. At 200 feet, the peak construction noise levels range from 58 to 83 dBA. At 400 feet,the peak noise levels range from 52 to 77 dBA. The nearest residences that may be impacted by construction activity are located adjacent to, and south of the project site. Grading activities are not anticipated to generate potentially significant noise levels at the adjacent residences. To ensure construction related noise levels remain below significant levels, construction hours would be limited by the City of Palm Springs Municipal Code, which prohibits construction before 7:00 A.M. or after 7:00 P.M., Monday through Friday, before 8:00 A.M. or after 5:00 P.M. on Saturdays, and at any time on Sunday or any federal holiday. Compliance with this restriction and the mitigation measures identified below would reduce construction noise impacts to less Q;' 0 8^?. City Council Staff Report June '16, 2005 -- Page 85 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact than significant level. Operational impacts include traffic noise increases, and impacts from parking lots and restaurant operations. The project noise analysis concludes that future vehicular noise from East Palm Canyon Drive, Camino Real and Twin Palm Drive is the principal source of community noise that will impact the site. Based on General Plan buildout traffic projections, portions of the site will experience unmitigated exterior noise levels that will exceed the City noise standards. Table 11-1 presents a summary of future exterior noise impacts. Based on the FHWA traffic noise prediction model, the future unmitigated exterior noise levels will range from 65.5 to 70.2 dBA CNEL. With a 5.0 to 6.0-foot high noise attenuation wall, the mitigated exterior noise levels will meet the City of Palm Springs 65 dBA CNEL exterior noise level standard, and range from 60.8 to 64.4 dBA CNEL. In order to mitigate to interior noise standards, the noise study found that a "windows closed" conditions must be provided, which will ensure that noise levels are reduced by 20 dBA from maximum exterior levels. With the inclusion of interior noise mitigation measures, the future interior noise levels will be below the City 45 dBA CNEL interior standard. Table 11-1 Future Exterior Noise Levels (dBA CNEL) BARRIER HEIGHT LOT ROADWAY UNMITIGATED MITIGATED IN FEET' la Palm Carryon Drive 70.2 64.4 6.0 lb Palm Canyon Drive 70.2 64.1 6.0 3 Camino Real 66.0 61.7 5.0 4 Twin Palm Drive 65.6 60.8 5.0 6 Twin Palm Drive 65.5 61.2 5.0 7 Twin Palm Drive 65.5 61.3 5.0 9 Twin Palm Drive 65.5 61.1 5.0 11 Twin Palm Drive 65.6 61.0 5.0 The proposed project would not be expected to result in exposure of persons to groundborne vibration. No sources of groundborne noise, such as pile driving, are proposed as part of the project. Additionally, no sources of grounborne noise or vibration currently exist in proximity to the proposed project. The nearest airport, Palm Spring International Airport, is located approximately 2 miles northeast of the project site. Flight patterns do not impact the site. Therefore, no significant noise impacts related to the airport are anticipated. The project site is not within the vicinity of any private airships. City Council Staff Report June 15, 2005 -- Page 86 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact To comply with the City 65 dBA CNEL exterior and 45 dBA CNEL interior noise level standards, the following mitigation measures are required. 5. During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. 6. All internal combustion-powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the constriction contract. 7. Constrict a 6.0-foot high sound wall between the attached homes and East Palm Canyon Drive. Construct a 5.0-foot high sound wall for Lot Nos. 3 to 11 facing Camino Real and Twin Palms Drive. The sound attenuation wall to be effective must have a weight of at least 3.5 pounds per square foot of face area and has no decorative cutouts or line-of-site openings between shielded areas and the roadways. The recommended noise control barrier may be constricted using of the following alternative materials: 1. Masonry Block; 2. Stucco veneer over wood framing or 1 inch thick tongue and groove wood of sufficient weight per square foot; 3. Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot; 4. Earth berm; 5. Any combination of these constriction materials. 8. Provide a "windows closed" condition requiting a means of mechanical ventilation (e.g. air conditioning) for all homes and the restaurant. 9. Provide upgraded windows with a sound transmission class (STC) rating 29 or higher for the attached homes facing East Palm Canyon Drive. 10. To minimize the potential interior noise impacts, all lots facing East Palm Canyon Drive should be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies should be free of cut outs and openings. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ Q indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ C� replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ 11 housing elsewhere? City Council Staff Report June 15, 2005 -- Page 87 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact The proposed project is not expected to result in substantial population growth. The project will not generate more than 35 new units, and will result in the creation of a limited number of jobs at the restaurant facility. There is no existing housing located on the project site and therefore, no housing would be displaced by the implementation of the proposed project. 13.PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ 0 ❑ Police protection? ❑ ❑ 0 ❑ Schools? ❑ ❑ ❑ 0 Parks? ❑ ❑ ❑ LR1 Other public facilities? ❑ ❑ ❑ 0 Fire services in the City are provided by the Palm Springs Fire Department, which operates five stations within the City. Station No. 444 is located at 1300 La Verne Drive, and protects the south and southwestern areas of the City, including the project site. There are a total of 14 on-duty fire fighting personnel available during each 24 hour period. The proposed project will generate additional need for fire protection for the City Fire Department. Police services within the City are provided by the Palm Springs Police Department. The Police Department has one station located near the intersection of Tahquitz Canyon Way and Civic Center Drive. The proposed project will generate additional need for police protection. The City includes, as a standard condition of approval, requirements that projects participate in Community Facilities District(s) to assure that the costs associated with added services are recovered. This condition will assure that impacts to police and fire services are reduced to less than significant levels. School services for the project site are provided by the Palm Springs Unified School District (PSUSD). Since this is a mixed use project with the constriction of residential, and commercial uses, the City Council Staff Report June 15, 2005 -- Page 88 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact proponent is required to participate in the state-mandated school nutigalion fee program, which will help offset the cost of construction of new schools. The City of Palm Springs has approximately 130 acres of City-owned parkland. The proposed project will participate in the City's parkland fee program, to offset impacts associated with parks generated by the population of the proposed project. 14. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that ❑ ❑ ❑ Q substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which ❑ ❑ ❑ El might have an adverse physical effect on the environment? The proposed project will participate in the City's parkland fee program, to offset impacts associated with parks generated by the population of the proposed project. 15. TRANSPORTATION/TRAFFIC -- Would the project: 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 ❑ ❑ Rl ❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ Q ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels ❑ ❑ Q or a change in location that results in substantial safety risks? City Council Staff Report June 15, 2005 -- Page 89 Case 5.1022 PD-305 &TTM32732 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ❑ ❑ lZ dangerous intersections) or incompatible uses (e.g., fain equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ 0 f) Result in inadequate parking capacity? ❑ ❑ ❑ 0 g) Conflict with adopted policies, plans, or programs supporting alternative ❑ ❑ ❑ 2 transportation (e.g., bus turnouts, bicycle racks)? A traffic analysis was conducted by Kunzman Associates in August, 2004 for the proposed project. Trip generation rates were determined from daily traffic, morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the proposed land uses. Table 15-1. The proposed development is projected to generate a total of approximately 869 daily vehicle tips, 76 of which will occur during the mid-day peak hour and 76 of which will occur during the evening peak hour. This trip generation represents a reduction of 765 trips from the potential hip generation which the site's zoning designations could generate, as shown in Table 15-2. City Council Staff Report June 15, 2005 -- Page 90 Case 5.1022 PD-305 &TTM32732 Table 15-1 Proposed Plan Trip Generation Peak Hour Mid-Day I Evening Daily Land Use Quantity Units hrbound Outbound Total Inbound Outbound Total Trip Generation Rates Single Family 9 DU 0.19 0.56 0.75 0,64 0.37 1.01 9.57 Detached Residential Multi Family Attached 25 DU 0.07 0.37 044 0.17 0 17 0.52 5.86 Residential High Turnover 5 TSF 5.99 5.53 11.52 4.26 4.26 10.92 127.15 Restaurant _ Trip Generated Single Family 9 DU 2 5 7 6 3 9 86 Detached Residential Multi Family Attached 25 DU 2 9 11 9 4 13 147 Residential High Turnover 5 TSF 30 28 58 33 21 54 636 Restaurant Total 34 42 76 48 28 76 869 Table 15-2 Tri Generation Comparison Peak Hour Mid-Day Evening Daily Land Use Quantity Units Inbound_ Outbound Total Inbound Outbound Total Trip Generation Rates Single Family Detached 9 DU 2 5 7 6 3 9 86 Residential Multi Family Attached 25 DU 2 9 11 9 4 13 147 Residential High Turnover 5 TSF 30 28 58 33 21 54 636 Restaurant _ Total 34 42 76 48 28 76 869 Previous Plan Hotel 200 RM 68 44 112 62 56 118 1634 Total -34 -2 -36 -14 -28 -42 -765 The proposed project will therefore result in a lower impact on the circulation system than that analyzed and expected in the General Plan. Impacts associated with development of the project site will be less than significant. The proposed project would not exceed, either individually, or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways. The proposed project will be required to widen East Palm Canyon Drive to its ultimate General Plan width along the property boundary. The main access is from Camino Real. Emergency access will be provided from East Palm Canyon Drive. The distance of the access point of Camino Real from the intersection Wit,, „C.aG){,e" City Council Staff Report June 15, 2005 -- Page 91 Case 5.1022 PD-305 &TTM32732 with East Palm Canyon Drive provides adequate visibility for incoming and outgoing traffic. The internal circulation shows a loop around the perimeter of the site. The proposed project will have no impact related to design features and surrounding land uses. The project will not result in inadequate emergency access. Adequate parking would be provided on the project site to accommodate the proposed use in pursuant to the City of Palm Springs Zoning Code and the development standards contained therein. The number of parking spaces and the number of handicapped parking will comply with Code Parking requirements. The proposed project will result in less than significant impacts related to parking capacity. The project does not propose any uses that could cause any changes to air traffic patterns. The proposed project will not conflict with the use of alternative modes of transportation or conflict with any adopted policies,plans, or programs, and is on the SunLine Transit route system. The site is on SunLine routes, and service is already provided in its immediate vicinity. 16. UTILITIES AND SERVICE SYSTEMS —Would the project: a) Exceed wastewater treatment requirements of the applicable Regional ❑ ❑ ❑ Q Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ❑ ❑ ❑ Q construction of which could cause significant environmental effects? c) Require or result in the construction of new stone water- drainage facilities or expansion of existing facilities, the ❑ ❑ ❑ z construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements ❑ ❑ ❑ Rl 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 ❑ ❑ ❑ Q capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 1,l S1,111 r`, ^' 'fir ' City Council Staff Report June 15, 2005 -- Page 92 Case 5.1022 PD-305 &TTM32732 f) Be served by a landfill with sufficient permitted capacity to accommodate the ❑ ❑ Q ❑ project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid ❑ ❑ ❑ d waste? The Desert Water Agency (DWA) currently owns, operates, and maintains water distribution and pumping facilities within the project area. Project proponents will be required to connect to existing DWA water infrastructure to provide water to the site for construction and domestic water service. The developer will be required to comply with all rules, regulations, and other requirements of the DWA in order to provide water service to the site. Water service requirements may include, but are not limited to, upgrades, modifications, replacement, and abandonment of existing DWA facilities. These improvements may require construction within and adjacent to public rights-of- way and exiting and/or proposed easements. Construction will occur in accordance with DWA and City requirements and will not cause any significant effects upon the environment. The sanitary sewer system is owned by the City of Palm Springs and operated by U.S. Filter. The proposed project will be connected to the City's existing sewer system. Wastewater will be conveyed to the Palm Springs Wastewater Treatment Plant. The projected capacity of the plant is 10.9 million gallons per day (mgd), with demands of 8.5 mgd per day. There is available capacity of approximately 2.4 mgd to serve the proposed project. Therefore, no significant wastewater related impacts would occur.The proposed project will be required to pay connection fees to hook into the existing lines. Additional storm water runoff generated by increases in impervious surface will be retained on site through the use of catchment basins located along the eastern portion of the site and onsite landscaped areas. Since the project is not expected to significantly alter drainage patterns, expansion or new stone water drainage facilities would not be required. The proposed project is not anticipated to generate substantial amounts of solid waste. Palm Springs Disposal Service provides solid waste disposal services for the project site. With the closure of the Edom Hill Landfill, waste will be hauled to other facilities, including the Badlands Landfill or the Lambs Canyon Landfill,both of which have adequate capacity to accommodate the proposed project. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below 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? City Council Staff Report June 15, 2005 -- Page 93 Case 5.1022 PD-305 &TTM32732 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a d project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. Impacts associated with cultural resources are mitigated to a less than significant level above. The proposed project will reduce the potential density of the project site, and will therefore reduce the potential cumulative impact associated with General Plan impacts. hi this regard,the proposed project's implementation represents a beneficial impact on General Plan buildout. The proposed project has the potential to result in significant impacts related to air quality and noise. These impacts have been identified and reduced to less than significant levels through the imposition of mitigation measures in this Initial Study. City Council Staff Report June 15, 2005 -- Page 94 Case 5.1022 PD-305 &TTM32732 18. LISTED BELOW ARE THE MITIGATION MEASURES. 8. Site clearing shall occur prior to January or after June. Should site clearing be planned for the period from January 1 to June 30, the project proponent shall secure the services of a qualified biologist to complete a pre-construction survey, and recommend mitigation if required. 9. The applicant shall pay the mitigation fee in place at the time of issuance of building permits for the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. 10.Because two sensitive plant species could occur on the project site, the applicant shall notify CDFG 10 days prior to grading in order to satisfy the requirements of the California's Native Plant Protection Act. 11.An on-site monitor will be present during all earth moving activities. The monitor shall be empowered to halt grading or redirect activities if suspected archaeological resources are uncovered. The monitor shall prepare a report of monitoring activities and submit it to the City for review and approval within 30 days of completion of earth moving activities on the site. 12.During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. 13.All internal combustion-powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. 14.Construct a 6.0-foot high sound wall between the attached homes and East Palm Canyon Drive. Construct a 5.0-foot high sound wall for Lot Nos. 3 to 11 facing Camino Real and Twin Palms Drive. The sound attenuation wall to be effective must have a weight of at least 3.5 pounds per square foot of face area and has no decorative cutouts or line-of-site openings between shielded areas and the roadways. The recommended noise control barrier may be constructed using of the following alternative materials: 1. Masonry Block; 2. Stucco veneer over wood framing or 1 inch thick tongue and groove wood of sufficient weight per square foot; 3. Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot; 4. Earth berm; 5. Any combination of these construction materials. 8. Provide a "windows closed" condition requiring a means of mechanical ventilation (e.g. air conditioning) for all homes and the restaurant. 9. Provide upgraded windows with a sound transmission class (STC) rating 29 or higher for the attached homes facing East Palm Canyon Drive. 10. To minimize the potential interior noise impacts, all lots facing East Palm Canyon Drive should be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies should be free of cut outs and openings. I agree to implement the above mitigation measures. City Council Staff Report June 15, 2005 -- Page 96 Case 5.1022 PD-305 &TTM32732 LISTED BELOW ARE THE PERSON(S) WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Gay Wayne, Director of Planning Services Matthew Feske, Associate Planner DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the enviromnent, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added or revisions in the project have been made by or agreed to by the project proponent prior to the public review of this document. 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 FIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Gary Wayne Date Director of Planning Services (0,1 G O� PALM Sp City of Palm Springs " Office of the City Clerk °'TPoxa.e°19 3200 Tahgoi[z Canyon Way •Palm Springs,California 92262 TEL.(760)323-8204 o TDD:(760)864-9527 c AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing to consider an application by 111 / Camino Real LLC, for a Tentative Tract Map for the subdivision of approximately 5.55 acres into one condominium lot, nine single family lots, one commercial lot, and a Preliminary Planned Development District to construct 25 residential condominiums, 9 single family residences, and a restaurant, located at Camino Real and East Palm Canyon, Zone R-3/R-2, Section 26, at 6:00 p.m., on Wednesday, June 29, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 17th day of June, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (180 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 17th day of June, 2005. -�,ac,.v.�the°. ES THOMPSON ity Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CASE NO. 5.1022 PD- 305 /TTM32732 TENTATIVE TRACT MAP 32732 PLANNED DEVELOPMENT DISTRICT 305 111 / CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 29, 2005. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.1022 PD-305 / TTM32732, an application by 111 / Camino Real LLC. The proposed project involves a Tentative Tract Map for the subdivision of approximately 5.55 acres into one condominium lot, nine single family lots, one commercial lot, and a Preliminary Planned Development District to construct 25 residential condominiums, 9 single family residences, and a restaurant. The project is located at Camino Real and East Palm Canyon, Zone R-3/R-2, Section 26. Pursuant to CEQA, the City has prepared an Initial Study and a Mitigated Negative Declaration. The City Council will consider adopting a Mitigated Negative Declaration Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (mail or hand delivery) to: James Thompson, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Department of Planning Services, (760) 323-8245. Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. Yity es Thompson Clerk Ir.w, P eA�Ms^�w Department of Planning Services WE Vicinity Map fit,(`" 'r'a5 a kPRN�4Y S .. Ll f z SUNTAN LN is U Fes- 4 Z � Q J W Z Uj W W f � E PALM CANYON DR TWIN PALMS DR J ' w APACHE RD o U a � z a CITY OF PALM SPRINGS CASE NO.: 5.1022/TTM 32732 DESCRIPTION: Application by 111/Camino Real LLC Planned Development District 305/ for a Tentative Tract Map and a Planned Development District to subdivide approximately 5.55 acres to Tentative Tract Map 32732 construct 25 condominiums, 9 single-family residences, and a restaurant. Location: corner of Camino Real and APPLICANT: 111/Camino Real LLC East Palm Canyon Drive, Zone R-3/R-2, Section 26. w` I "im BJ i F.{Vj.- Ir'1 y ID i P '�l I M V is 10 N., '_' LCU15. " PROOF OF PUBLICATION This is space fQ?(, u61yr�!Qnk'e),ifing Stanip (2015.5.C.C.P) No. 2572 OU CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CASE NO. 5,1022 PD-305/TTM32732 TENDTATIVE TRACT MAP 32732 PLANNE STATE OF CALIFORNIA DEVELOPMENT DISTRICT 305 NO County of Riverside 11 CAM NO REALEANDLC EAST PALM CANYON DRIVE NOTof the City of PaEg Springs,CaliforniaCewill holdca public hearing at its meeting of June 29 2005. qThe City Council meetingq be insat 6:00 P,M. in uit,Canyon Way,palmCSprtnall 3200 East Tah- I am a citizen of the United States and a resident of a o�'z rpasa of the hearmg is to consider Case the Count aforesaid; I am over the age of eighteen P 7TM32732, an application by y g g valves Ca Teo Real LLC.The proposed project in- of a atative Tract Map for the subdivision years,and not a party to or interested in the um lot,nine ately 5.55 acres into one condomim- above-entitled matter.I am the principal clerk of a and a Preh arnery Plartn dtoevef000mmercal lot, I o construct 25 residential candornPi In a,D9 in- printer of the,DESERT SUN PUBLISHING le farnlI realdences, and COMPANY a newspaper of eneral circulation, keel is located at C a restaurant. The pro- COMPANYg Can on, Zone R-3/R ammo peal and East palm printed and published in the city of Palm Springs, Pursuant to CEQA, the Cit has prepared an mi- County of Riverside,and which newspaper has been ual Study and a MltigatedyNegaEre Declaration. adjudged a newspaper of general circulation by the as Negativeubeclarabonnsider atlopting a MILgat- SuperioT Court of the County of Riverside,State of Response to the public hearing and may be made verbally e California under the date of March 24, 1988.Case P g and/or m wntin before the hearing. Written comments may be made to the Number 191236;that the notice,of which the City Council by letter(mail or he delivery)to: annexed is a printed copy(set in type not smaller James Thompson, City Clerk than non pariel,has been published in each regular City of Palm spprings "I 3200 East Tahquitz Canyan Way and entire issue of said newspaper and not in any Palm Springs, CA 92262 supplement thereof on the following dates,to wit: coin individual or group challenges the action m Issues raised may be I itetl to onl those issues raised at the public earn, described in June 1$0i,2p115 or'tonthe meetin wrNon correspondence at or ppri- „------------------------------------------------------------- trig sent to all 9 lice of Public t soon is be- dred(400)feet ofrthe subject p port in An o hun- tunity will be g)ven at card hearings for all mier- estetl persons to be heard. Questions re artling ----------------------_-------_------------------------------ this casemayy be directed to gg partment of Plannm Matthew es a, 0e- All in the year 2005 9 Services, (760) 323-8245. I certify(or declare)under penalty of perjury that the SI necesi[a ayuda can esta carta,Porfavor llama a Nadine Is Cluclad de Palm $prin s panda hablar can foregoing is true and correct Finger pso) 323-836 James Thompson Dated at Palm Springs,California this-----22"u__-_day City Clerk: p o� o,�imro r n Signatu:ems �r iri i it—il..• .,.IT`._ �-� _ Published: June 1a,20!•5 iJ , City of Palm Springsi Office of the City Cleric I. P.. 0. Box 2743 CITY OF PAL 'i bPtil7_>; - r� °-0<soxN`P Palm Springs, California 92263-2743 Z0�7� 1 1L -5 All � L; -'+.S(11"9f'SD1'1 511 035 117 Raymond Abehn t_E'�.��1�`-➢ L 11 E Pahn Canyon Dr,— !_ Palm Springs, CA 92264 oFM1n�m s�m�2 City of Palm Springs ` Office of the City Clerk r PO. Box 2743 TY OF FAI.I srrilrv.: g4FOM1N�o- Palm Springs,California 9 63-2743 e n j f1i i Q"z s 511 035 048 � ��i�65 Jerald Rosenberg&Arnold Michaels 1111 E Palm Canyon Dr#303 Pahn Springs,CA 92264 t\ j •. •... - .. • :. .�:.' "`it_�_6 .�'!Trltf el�!�F:YI}'al:'1;9:si:4i:1i�:1�:�:3� City of Palm Springs I a Office of the City Clerk i' i-.l;Ea't 1•c .D ' P. O. Box 2743 l;lT'1 Ut' Fl\Li1 Ji I1%,6,,, °9<,FoaT`sP Palm Springs, California 92263-2743 - - 2QU5 JUL - { PF'1 4: 115 1,I.7 511 051 002 I Millennium Housing Corp 1835 Newport Blvd l Costa Mesa, CA 92627 m IL.LH95Y< ,32n2-�.1V1.?_ .1.164 04 FORWARD TxmE FXR RTN TO SEND : MIL.L-ENIUM HOUSING CORPORATION 660 NEWPORT CENTER DR H16,?0 NI.HIOPORT BEACH, CA ! v -',-'•'.,j ii!o-!�nl¢`f!tE:ialt!!tEi!IH3!4 i,]IunP,urlalferi,In,nll,r lt+llit!�i�n l! City of Palm Springs �e Pig A c r, I, r r• �,.� Office of the City Clerk ^�1� 'I` �4' ' `-` Ci"i` 56'RIPdCiE P.O. Box 2743 Y GP I"AL d oq<lFoaes`P Palm Springs, California 92263-274 2005 JUL — I M4: 1a5 511 032 015 ! ' Alita May Estate Elie 9729 Glasgow PI#2 Los Angeles,CA 90045 ....... _ .... ... .... . .. .. i ; •...:L:::frY:_.....,:.Fo ^, City of Pallas Springs 1 z " Office of the City Clerk P. O Box 2743 I, R�-1 [-f I�+���� �q�aonH`P Palm Springs,California 92263-2M3T Y 631' P A L l i Cc MR d['i l'' `- 7005 JUL —:1 fu'l 9- 2 2 Ottu» u42 CITY CLERK �yq��? Fabian&Karen Chavez 9 1111 N Palm Canyon Dr#223 � Patin Springs,CA 92262 City of Palm Springs F�1 Office of the City Clerk M I� P. O. Box 2743 iv:f._ CITY O PAI- I SPRINIG' `9<�FonN`P Palm Springs, California 92263-27�i3 20H jui —J AU-1 9: 22 9^9 5 J 511035119 CITY' CL[a; ( s-',i,`f'y�� Bryan&Patricia Cryer 1111 E Palm Canyon Dr#377 Palm Springs, CA 92264 A /� 4 FpPIMbPi2 City of Palm Springs Office of the City Clerk P.O.Box 2743 CITY nF PALI') SF': oy<rroxN`Q Palm Springs, California 92263-2743 C t JUL — I 511 035 053 �j .r i a C! � �G7._3 Robert&Miriam Richards / 11 I I N Pahn Canyon Dr#308 Palm Springs, CA 92262 I � o�p PrMs 9 City of Palm Springs dam; P�:� N'sl Office of the City Clerk n -i._ 11; �+� rr ema P.O. Box2743 tb '>"I 4 ED s Palm Springs, California 9226r2T41� 0 F P A U i S i°RINGS �,- 2�1?S 511 035 031 CITY" CL E Geoffrey Sinith 1540 Virginia Way La Jolla,CA 92037 I � �r�r7SUC;yI`/,i/dr��'t,"•.:,.2y'l,L':,�':" ! o,s" LSl\"a'11 ''r.i_�II1: ,,.rnk••r+l,.^ Iu .... 4 1 1 t Ik i 1 1 t 14 I :......... oF,PFMsp, City of Palm Springs m Office of the City Clerk �': i1�= PO.Box 2743 CITY ALhi�S'r'iti�:�� >J, i- �'•"� `. q `9<rpoRa`v Palm Springs, California 92263-2743 J1JL — �'u a �l(( 4� 2a-S Scott&Patricia Colantoruo 2139 Columbia Ave Alco,NJ 08004 COL-A139-1 0500f:3021 'L2O't 114 06/aB/05 FORWARD TIME EXP P,TN TO SEND COLAN-i ONIO ' SCO'TT PO 3OX e?2 L A TOO NO 0800+4—Oa,3.t RETURN TO SENDER i f I f t City of Palm Springs Office of the City Cleric P. O. Box 2743 'L.IVI--D' oq<4-ons"s^ Palm Springs,California 92263-274,T Y 0 F Pis L f'I S P R I ri(,'S - 200� JU1128 A"1 0: 1,8 511 035 020 -- Ld Rooney&Stephen&Carol Rooney ' I I I I S Pahn Canyon Dr#23 Palm Springs, CA 92264 PPLM y. A"�h` Ca� P City of Pallas Springs PPr; :. P. O. Box2743 CIT i O�.., . . , ,.1'. Office of the Cit Clerk �, .PALM� SPRING',l :::, t..31�::: a... 5'. s'.:. 1'.s.. -.'Y Y' Y J Palm Springs, California 92263-2743 ` 2000 JUN 23 Pa li u 51 511035128 (y�v�al05 De,seit L'.gllitable Re Inc alty X, Y\ C 20355 NE 34th Ct Avenhna,FL 3319 PPPLM•5p City of Palm Springs IOffice of the City Clerk6;" n i P. O.Box 2743 � tCl,' oy<,Fa Qe`P Palm Springs, California 92263-274' I T Y 0lF P A L VI a;P�I t^: - 2005 JL1 24 A 18 16 l 511 035 071 GI L �.. , Jane Paulson 7060 SW Montgomery Way Wilsonville, OR 97070 >C "C7 Nc> .L +Mt?,t} 'L rJ:1 tS CyJ"-+-'•l5l �`_> 1"f:+F?4dFi1"+C? TS)1Ex F:Xf� R"1'N 'T 0 {�4��1.JI_S7 f:rN �E3:?� NF.: FaL.tai'IF.Li-�fil :Si'1' i�CuF3'Tk.filid Co w:7p2 f?•7yir3:L E3:1•tl To sw4r"MR \rr�,1A NEIGHBORHOOD COALITION MR PETER DIXON MR BILL DA,Y1S& CASE NO.-5.1022 PD-305/TTM 32732 TENNIS CLUB AREA MS TRISHA DAVIS I I I /CAMINO REAL LLC 431 SOUTH MONTE VISTA DRIVE TENNI,SfCLUB AREA CITY COUNCIL MEETING PALM SPRINGS CA 92262 337,5-`FOOTHILL ROAD,#821 JUNE 29, 2005 MR BILL DAVIS AND gARPINTERIA, CA 93013 MR FRANK TYSEN MS CHRISTINE HAMMOND MR BOB WEITHORN C/O CASA CODY COUNTRY INN TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS SMALL HOTELS 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN HISTORIC TENNIS CLUB AREA 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I I I I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO 5.1022 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I 1 I ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MR. GEOFFREY PAYNE MR. JAMES CIOFFI,ARCHITECT TAHITI PARTNERS REAL ESTATE 2121 E. TAHQUITZ CANYON WAY,#3 SPONSORS 1 I 1 5305 E. 2ND STREET, SUITE 204 PALM SPRINGS, CA 92262 LONG BEACH, CA 90803 MR. PHILIP FOMOTOR MR.THOMAS DOCZI 225 S. CIVIC PARK, STE. 1-5 TKD ASSOCIATES, INC. PALM SPRINGS, CA 92262 2121 E.TAHQUITZ CANYON WAY,#1 PALM SPRINGS, CA 92262 HISTORIC SITE REP I 1 I CASE NO. 5.1022 PD-305/TTM 32732 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 ,. I I Jam Free Printing -7- T3-L www.avery.com Q AVERY@ 5960 Use Avery®TEMPLATE 5960TM c „ Z 1-800-GO-AVERY rM 511 035 111 511 035 112 511 035 113 Gregory Zinmierinan&Loretta Zininer Michael Grovenran&Mercedes Grove Howard Sherman&Shirley Sherman 327 Sapphire Ave 11 I E Pahn Canyon Dr#370 1664 S Tiara Way Newport Beach, CA 92662 Palm Springs, CA 92264 Anaheim,CA 92802 511 035 114 511 035 115 511 035 116 Germaine Sayan Brenda Colford Lucy Demarsh 4754 Los Feliz Blvd 38 Pearson St Ste 273 Nil 12200 SE Virginia Ct Los Angeles, CA 90027 ST JOHNS NF AIA 3R1 Sandy, OR 97055 CANADA 511 035 117 511 035 118 511 035 119 Raymond Abelin Jenny Nestler Bryan&Patricia Cryer I I I I E Patin Canyon Dr 102 8th Ln I I I I E Palm Carryon Dr#377 Palm Springs, CA 92264 Kirkland,WA 98033 Palm Springs, CA 92264 511 035 120 511035122 511035123 Yossi&Diane Basson James &Linda Barley Kitty Kao 43160 Virginia Ave 24433 Chipstone St I 1 I h E Palm Canyon Dr#383 Palm Desert, CA 92211 Woodland Hills, CA 91367 Palm Springs, CA 92264 511 035 124 511 035 125 511 035 126 Deborah Sourer Stefan&Halina Pytlarz Jr. Germaine Sayan Farmhy Ltd Partnership PO Box 4765 J Steve 4754 Los Feliz Blvd Palm Springs, CA 92263 844 9th St#6 Los Angeles, CA 90027 Santa Monica,CA 90403 511 035 127 511 035 128 511 043 002 Vicki Menullau&Cathy Peterson Desert Equitable Realty Inc Harold Whitson 10804 NE 5th Ave 20355 NE 34th Ct 1811 S Aquaneta Dr Portland, OR 97211 Aventura,FL 33180 Palm Springs, CA 92264 511 043 003 511 043 005 511 043 006 Denis Murphy&Michael Wood Nathan Flerbeck Robert Hemplmll&Elliott Forte 25432 Via De Anza 780 N Rose Ave 1810 Courtney Ave Laguna Niguel, CA 92677 Palm Springs, CA 92262 Los Angeles, CA 90046 511 043 007 511 043 008 511 043 009 .l Douglas Clark&Rob Allen Jeanne Kanach Richard Hild&Ronald Hicks 4085 Charing Cross Rd 2400 74th Ave SE 1834 S Camino Real Bloomfield Hills,MI 48304 Mercer Island,WA 98040 Palm Springs, CA 92264 511 043 010 511 043 Oil 511 043 012 Gi egory Lmdae&Allison Stem Harry James Hoeferlin 7 @ Twin Palms Homeowner Assn 236 W Portal Ave 1846 S Camino Real 74140 El Pasco#4 San Francisco, CA 94127 Palm Springs,CA 92264 Palm Desert, CA 92260 511 043 013 511 043 014 511 044 001 7 @ Twin Palms Homeowners Assn 7 @ Twin Pahns Homeowners Assn Ann Woolson 74140 El Pasco#k4 74140 El Pasco#4 965 E Twin Palms Dr Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Springs, CA 92264 r ■^AH IV//1 AH3AV-O9�009-t W10965�IVJd4J�JJ,@[JaAV asB Jam Freg Printing %T^f www.avery.com Q AVERY@ 5960TI Use Avery®TEMPLATE 5960ym 3 7-3.� 1-800-GO-AVERY 511 035 079 511 035 080 511 035 081 Everett&Emeida Mekendell Beverly Watson Richard Watson 6982 San Juan Cir 32 Aburdour Ct 32 Abtudour Ct Buena Park, CA 90620 North Barrington,IL 60010 North Barrington,IL 60010 ✓ 511 035 083 511 035 084 511 035 085 Richard&Reba Petrartis Gene&Bomne Jenkins Kenneth&Ruth Ekins 933 W Peregrine Dr PO Box 2006 48965 Hibiscus Or Palatine,IL 60067 Roseburg, OR 97470 Marengo Valley, CA 92256 511 035 086 511 035 087 511 035 098 Eric&Ashraf Leblanc Marks &Marks Martha Terry Johnson&Michele Johnson 23225 W Paloma Blanca Dr 17146 Blue Heron Dr 2539 W 156th St Malibu, CA 90265 Bend, OR 97707 Gardena, CA 90249 511 035 089 511 035 090 511 035 091 Anita&Anita Miller Freeda Gugino Robert Sesma&Kathy Patella PO Box 1396 1111 E Palm Canyon Dr#348 4653 59th St Big Bear Lake, CA 92315 Palm Springs, CA 92264 San Diego, CA 92115 511 035 092 511 035 093 511 035 094 Claude Deschamps&Annette Descharn Eddie Blake Mike Doutlitt&Joanne Douthitt 293 Winer St PO Box 1445 20132 Drasin Dr Ashland, OR 97520 Big Bear Lake, CA 92315 Canyon Country,CA 91351 511 035 095 511 035 097 511 035 098 Daniel Woodman Thomas&Ruth Little Leon& Sonia Mizrahi 2 343 S Brsnaga Ave PO Box 1401 5427 Coral Reef Ave Palm Springs, CA 92264 Blue Jay,CA 92317 La Jolla, CA 92037 511 035 099 511 035 100 511 035 101 Dwayne&Howard Kimberlee Lewis Michael&L G Tobias Gene&Joyce Cavanaugh 6114 N Mississippi Ave 2446 Manmioth Dr 122 Sherman Ave Portland,OR 97217 San Diego, CA 92123 Palo Alto, CA 94306 511 035 102 511 035 103 511 035 104 Andrew Klayman&Matthew Klayman Richard Watson&Beverly Watson Howard&Shirley Sherman 7582 Mulholland Dr 32 Aburdour Ct Sherman Los Angeles, CA 90046 North Barrington,IL 60010 1664 S Tiara Way Anaheim, CA 92802 511 035 105 511 035 106 511 035 107 Eberhard Weiss &Anlce Weiss John Bertsche&Marjorie Bertsche Susan Sherman&Lenore Vinson 1337 Or Dr 4 S Westview Dr 1664 S Tiara Way Concord, CA 94521 Pontiac,IL 61764 Anaheim, CA 92802 511 035 108 511 035 109 511 035 110 Robert Scott Debra Goertz Harven&Emik Gragossian PO Box 1232 9255 N Magnolia Ave#93 532 Burchch St Newport Beach, CA 92659 Santee, CA 92071 Glendale, CA 91203 wi0965 �A��nd u AMAV-O9.008-1• wr096S 3WIdW31®fuanV asB •6.- Jam Free Printing %TM.3 www.avery.com A�/ERY0 596 Use Avery®TEMPLATE 5960TM Z 7� 1-800-GO-AVERY ® C 511 035 047 511 035 048 511 035 049 Jean&Huguette Stadehrratm Jerald Rosenberg&Arnold Michaels Jean Pierre Stadehnann 18940 Acacia St 1111 E Palm Canyon Dr#303 Huguette Stadelmatn Fountain Valley, CA 92708 Pahn Springs, CA 92264 18940 Acacia St Fountain Valley,CA 92708 511 035 050 511 035 051 511 035 053 Paul&Norton Krijger Larry&Anne Perlunan Robert&Miriam Richards 4414 Underwood Rd PO Box 19084 1111 N Palm Canyon Dr#308 Baltimore, MD 21218 Encino, CA 91416 Palm Springs,CA 92262 511 035 055 511 035 056 511 035 057 Bonnie Delaossa Michele Lowe&Charles Pollock Kimberly Orr&Kimberly Butler 4307 125th Street Ct NW 18540 Soledad Canyon Rd#1 4709 E Mountain View Dr Gig Harbor,WA 98332 Canyon Country,CA 91351 San Diego, CA 92116 511 035 058 511 035 059 511 035 060 Ocotillo Lodge Homeowners Assn Ocotillo Lodge Homeownners Assn Linda Shuibi 1111 E Palm Canyon Dr 1111 E Palm Canyon Dr 140 Linden Ave#661 Palm Springs, CA 92264 Palm Springs,CA 92264 Long Beach, CA 90802 511 035 061 511 035 062 511 035 063 John Robertson Leon&Sonia Mizrahi Victoria Stein I I I I E Palm Canyon Dr#316 5427 Coral Reef Ave 1111 E Palm Carryon Dr#318 Palm Springs, CA 92264 La Jolla,CA 92037 Palm Springs,CA 92264 511 035 064 511 035 065 511 035 066 Eugene&Zofia Kuroczko Quenda Lee Pearce Moreau Real&Linda Moreau Kutoczko 884 Atlanta Ct 108 Hidden Vale Cres NW Alb 5723 Laurelwood PI Claremont, CA 91711 CALGARY AB T3A 5B6 Concord, CA 94521 CANADA 511 035 067 511 035 068 511 035 069 [nay Lindsey Church Robert H Leo Rease 9255 Doherty Rd#1703 1111 E Palm Canyon Dr#323 550 E Avenida Granada West Hollywood, CA 90069 Palm Springs, CA 92264 Palm Springs, CA 92264 511 035 070 511 035 071 511 035 072 Robert Scott Jane Paulson Gerald&Tessa Gitu PO Box 1232 7060 SW Montgomery Way 2602 Maplewood St Newport Beach, CA 92659 Wilsonville, OR 97070 Anchorage,AK 99508 511 035 073 511 035 074 511 035 075 James&Linda Dalebioux Jean Pierre Stadelinann Madeline Khatchilaan 18100 Beverly Hills Dr Hugeutte Stadelmann 3407 Huxley St#30 Brookfield, WI 53045 18940 Acacia St Los Angeles, CA 90027 Fountain Valley, CA 92708 511 035 076 511 035 077 511 035 078 ,Jerome&Vonme Foley Donald Brodhag Paul&Denise Walker 20 Fairway Loop 1619 Vista Del Valle Blvd 3306 Van Nostran Dr Eugene, OR 97401 El Cajon, CA 92019 Lakewood, CA 90712 wa096S pp I"=1�� 1�%1 AMAV-OD-008-1, wr096S 31VIdWR1 O„AaanV asn Jam Fret Printing %Try www.avery.com Q AVERYO 596 Use Avery®TEMPLATE 5960Tm �� �a �� 1-800-GO-AVERY z, 511 035 017 511 035 018 511 035 019 Jerome Toropek Leon&Sonia Mizralu Kathleen Moeller 411) 343 Rennie Ave#8 5427 Coral Reef Ave 809-B Cuesta Dr#2108 Venice, CA 90291 La Jolla, CA 92037 Mountain View, CA 94040 511 035 020 511 035 021 1 511 035 022 Ed Rooney&Stephen&Carol Rooney Ronald&Canmen Marcione Mark Smith 1111 S Palm Canyon Dr#23 1111 E Palm Canyon Dr#124 294 Commonwealth Ave Palm Springs,CA 92264 Palm Springs, CA 92264 Boston, MA 02115 511 035 023 511 035 024 511 035 025 Richard&Linda Rangel C S Griesa Robert&Gloria Rasimas 11517 Promenade Dr 1388 Rockledge Ln#2 620 1/2 Huntley Dr Santa Pe Springs, CA 90670 Walnut Creek, CA 94595 West Hollywood, CA 90069 511 035 026 511 035 027 511 035 028 William Holloway&Lois Holloway Goodyear Home Loan Corp Richard&Patricia Rogers Sr. 7S376 Desert Mountain Cir 1111 E Palm Canyon Dr#204 422 San Placido Ct Bermuda Dunes, CA 92201 Palm Springs, CA 92264 Escondido, CA 92029 511 035 029 511 035 030 511 035 031 .Ian&Elisabeth Raat Marvin Morris&Barbara Morris Geoffrey Smith I I I I E Palm Canyon Dr#206 388 Mina Loma PI 1540 Virginia Way Palm Springs, CA 92264 Costa Mesa, CA 92627 La.Jolla, CA 92037 511 035 032 511 035 033 511 035 034 Donna Kuegel Janet Allison Donald&Wanda Malkemus 4338 Glencoe Ave#2 1000 Quayside Ter 20700 Saticoy St Manua Del Rey, CA 90292 Miami,FL 33138 Canoga Park, CA 91306 511 035 035 511 035 036 511 035 037 Wallace &Ruth Hill Larry Tyner William&Kimberly Adams 1111 E Palm Canyon Dr#216 5132 Raleigh St 614 Grant St Palm Springs, CA 92264 Los Angeles, CA 90004 Oceanside, CA 92054 511 035 038 511 035 039 511 035 040 Stephen&Jill Cotter Lawrence Perlman&Arnie Perlman John&Lilia Vanbebber 3909 Sierra Linda Dr PO Box 19084 2723 Glenview Way Escondido, CA 92025 Encino, CA 91416 Escondido, CA 92025 511 035 041 511 035 042 511 035 043 Eric Herbert&Rannona Domen-herbert Fabian&Karen Chavez Kathleen Moeller t 111 E Palm Carryon Dr#222 1111 N Palm Canyon Dr#223 809-B Cuesti Dr#2108 Palm Springs, CA 92264 Palm Springs, CA 92262 Mountain View, CA 94040 511 035 044 511 035 045 511 035 046 Stacy Kindelberger Elena Todomt Narciso Guerrero 1021 N Howard St 32367 Dunlap Blvd I I I I E Palm Canyon Dr 4301 Glendale, CA 91207 Yucaipa, CA 92399 Palm Springs, CA 92264 AMAV-09-008-6 wa0965 31V IdW31 @fuaw asn ,,,-)am Free Printing www.avery.com (9 e &�4' A AVERY@ 5960TM Use Avery®TEMPLATE 5960T 1-800-GO-AVERY 1 4. 2 J.63 508 361 004 508 370 006 508 431 003 Nrc-1 Lie Nexus Residential Cnu tys hrc Linda Grant 1 Macarthur PI#300 1 Macarthur Pl 1495 Stone Canyon Rd Santa Ana, CA 92707 Santa Ana, CA 92707 Los Angeles, CA 90077 508 432 018 508 432 019 511 032 008 S Duke Kosslyn&Smir Cc Scharf Properties Ltd Melvin&Eloise Graves 1559 Concha Cir 51506 Columbia River Hwy 1067 E Twin Patens Dr Palm Springs, CA 92264 Scappoose,OR 97056 Palm Springs, CA 92264 511 032 009 511 032 010 511 032 011 Joseph&Virginia Buffum Jacques Caussin Bruce Mink I 1041 E Twin Patens Dr 1595 E Chia Rd 3116 Pernwood Ave Palm Springs, CA 92264 Palm Springs, CA 92262 Los Angeles, CA 90039 511 032 013 511 032 014 511 032 015 Clirrs Memad Byron&Shirley Chaney Alita May Estate Erie 31895 9tl1 Ave 1042 E Apache Rd 9728 Glasgow PI#2 Laguna Beach,CA 92651 Paten Springs, CA 92264 Los Angeles, CA 90045 511 032 016 511 033 009 511 033 013 John Hickey Robert Cooper&Tim Welbeny Sperinong 1008 E Apache Rd 1835 Apache Cir 59 Oalnnont Dr Palm Springs, CA 92264 Pahn Springs, CA 92264 Rancho Mirage,CA 92270 511 035 001 511 035 002 511 035 003 C S Griesa Lee Beckstead&Ruth Beckstead Michael&Mercedes Groveman I M8 Rockledge Ln#2 1985 Beach Blvd 1111 E Palm Canyon Dr 4370 Walnut Creek, CA 94595 Pacifica, CA 94044 Palm Springs,CA 92264 511 035 005 511 035 006 511 035 007 Robert Mnchler James Talbert&Karlon Talbert Jeannette Lord 1801 N New Hampshire Ave 5511 Senford Ave 48635 Calle Espemn za Los Angeles, CA 90027 Los Angeles, CA 90056 La Quinta, CA 92253 511 035 008 511 035 009 511 035 010 Carolyn Greene Jean Pierre&Huguette Stadelmann Joseph&Ilana Arbusto 115 Pasco Ballena, 18940 Acacia St 12731 Mengibar Ave Aptos, CA 95003 Fountain Valley, CA 92708 San Diego, CA 92129 51 1035 Oil 511 035 012 511 035 013 Alfred &Tom Dngiacinto Thomas&Susan Diehl Ocotillo Lodge Homeowners Assn 25542 Evans Pointe I I I I E Palm Canyon Dr#112 1111 E Palm Canyon Dr Dana Point, CA 92629 Palm Springs, CA 92264 Palm Springs, CA 92264 511 035 014 511 035 015 511 035 016 Scott&Patricia Colantomo Sandor Safer&Les Sander Safer Paul Giera 2139 Columbia Ave 20910 123rd Ave 6581 Bishop Dr Arco,NJ 08004 MAPLE RIDGE BC V2X 4132 Huntington Beach, CA 92647 CANADA r _ r� , 101 A83AV-O9-008-L w10965 31V1d1N31®6aenV e5n TMM 00 Q AVERY� 5960TM( TEMPLATE 596OTM 1- GO-VERY 511 044 002 511 044 003 511 044 004 Yonason Levi Denebeim&Sonia Dene Bruce Mink Richard Settle Sr. 973 E Twin Palms Dr 1588 Oak Glove Dr 1 3663 Purdue Ave Palm Springs, CA 92264 Los Angeles, CA 90041 Los Angeles, CA 90066 511 044 005 511 044 006 511 051 002 Margaret Turner&Jean Cunningham 1 Elaine&Jay Ballantyne Millennium Housing Corp 1 1716 Burnell Dr 2131 N Sunset Ave 1835 Newport Blvd Los Angeles, CA 90065 Visalia, CA 93291 Costa Mesa,CA 92627 511 052 004 511 052 005 511 052 008 Elka Kelly Greg Bogdan Wood&Kahoy Property Llc PO Box 5151 1388 Gough St#1105 6755 Livingston Dr Palm Springs, CA 92263 San Francisco,CA 94109 Huntington Beach,CA 92648 511 053 001 511 053 002 511 053 003 Mark Smelzer&Jonathan Weedman Stephen Ruimebohin Ronald Wallace 1828 S Aquanetta Dr 1835 Navajo Cir 3125 NW Rio Vista Ter Palm Springs, CA 92264 Palm Springs, CA 92264 Portland, OR 97210 511 053 004 511 053 005 Karvelas Enterprises hic Thomas Schmandt&Thomas Rancilio 350 E California Blvd#312 1850 S Aquanetta Cir Pasadena, CA 91106 Palm Springs, CA 92264 r AMAV-O9.009-4 wi09653J,tl7dWU@)fjawasB I:0 E I V H ) June 24, 2005 )11-Y 0 F 111%Lfi SP IIIltJG`S 2005 X"i 21;. gas, 2: 40 JA11:S -i' fCi ;�'SU; , Gel"Y City Council mmQQ ' City of Palm springs 0&91,�q)zPo5 Case No, 5.1022 PD-305/TTM32732 Zf—:4,e4vi d ,6 Greetings, my name is Harold Whitson, I and my partner James Eilman own one of four homes in the Twin Pahns neighborhood that face the proposed development. Our address is 1811 S. Aquanetta that is the corner of Twin Palms and Aquanetta Drive. We are unable to attend this meeting to voice our opinion thus this letter. We have reviewed the plans at the permits office of Palm Springs and: We both strongly approve the planned "quality"development and look forward to the positive addition that this development will bring to our neighborhood.. We recommend full approval by the City of Palm Springs City Council. Regards Harold Whitson f; ;II James Eilman City Council Staff Repol1 June 29,2005—Page 13 Case 5.1022 PD-305 &TTM32732 subject property is surrounded with a mix of single-family residential, multiple-family residential, hotel, and commercial uses and acts as a transition area between a more dense development pattern to the north and single-family neighborhood to the south. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Initial Study and Mitigated Negative Declaration. The incorporation of the mitigation measures as prescribed in the Mitigated Negative Declaration will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. ADOPTED THIS 29th day of June, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk ,t��mYC9�1n�. a�Fv`�'�tFt4� City Council Staff Report June 29,2005—Page 14 Case 5.1022 PD-305 &TTM32732 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City Council Staff Report June 29,2005—Page 15 Case 5.1022 PD-305 &TTM32732 EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32732 - TENTATIVE TRACT MAP CASE 5.1022 PD-305 - PLANNED DEVELOPMENT DISTRICT 111/CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE JUNE 29, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM32732 — Tentative Tract Map and Case 5.1022— Planned Development District 305. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all Fk+l4 6 rT A