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HomeMy WebLinkAbout3/16/2005 - STAFF REPORTS (8) DATE: March 16, 2005 TO: City Council FROM: Interim Director of Planning Services TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH ARMSTRONG TOOR TO SUBDIVIDE 4.48 GROSS ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS LOCATED WEST OF ROSE AVENUE AT CORONADO AVENUE, ZONE R-1-A, SECTION 10. RECOMMENDATION That the City Council order the filing of a Mitigated Negative Declaration and approve the subdivision of 4.48 gross acres of land into six single family residential lots located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10. The property owner, Ms. Edith Armstrong Toor, is represented by MSA Consulting. SUMMARY At their March 9, 2005 meeting, the Planning Commission voted 6-0 (1 absent) to recommend that the City Council order the filing of a mitigated negative declaration and approve the project, subject to the conditions in the attached resolution. At the public hearing, one abutting property owner spoke in opposition to the project stating that the Initial Study was inadequate in assessing cumulative impacts, air quality and noise. He also requested that the Planning Commission impose conditions of approval that limit building height, approve pad elevations, require that there be no rock crushing, require story poles, and require three-dimensional visual simulations for any future homes proposed on the subject property. The applicant's representatives spoke in favour of the project. The Planning Commission found that the Initial Study and response to comments on the Initial Study adequately addressed all of the abutting property owner's concerns with respect to cumulative impacts, air quality, and noise. In addition, the Planning Commission did not impose further conditions of approval on the project with respect to development standards and future grading and construction activities because imposition of those conditions are outside the scope of the current project description. BACKGROUND This project was previously approved by the City Council on October 18, 2000. The map was extended once to October 18, 2003 then subsequently expired on December 17, 2003. Therefore, the applicant has re-applied for the same project. The previously adopted MND was also required to be re-circulated because new information became available that necessitated alterations to mitigation measures with respect to cultural resources and biological resources. Since the approval of the subdivision, CC&Rs have been recorded that memorialize the use and maintenance of Rose Avenue for access to this project. The project is for six-lot single-family residential subdivision intended for future custom home sites. No plans for homes are being proposed at this time. The subject property is currently vacant and located in a hillside area where development of the six sites will require further �kev) No. k(, architectural review. The subdivision includes two lettered lots: one for the purpose of providing a private street for vehicular access and the other for on-site retention of water. The latter lot includes a 10-foot wide drainage easement, which will direct excess runoff from the subdivision downstream. Only grading for the common areas will be conducted in conjunction with this subdivision. Lot sizes range from 0.567 acres to 0.9 acres. The site will gain public vehicular access from Rose Avenue, a gated, existing private street east of the proposed subdivision, and via a 36-foot wide access easement across adjacent private property, currently owned by Ms. Toor. Table 1: Surrounding General Plan Designations, Zoning, and Land Uses General Plan Zoning Land Uses North L2 R-1-A Single-family residences South L2 R-1-A Vacant East L2 R-1-C Single-family residences and vacant land West L2 0-20 Vacant ANALYSIS The proposed six-lot single family residential subdivision will be located on a site which is designated L2 (Low Density Residential — 2 units/acre) and zoned R-1-A (Single-Family Residential). The objective of the L2 General Plan designation is to allow for various types of low-density residential development, including traditional single-family homes, as contemplated by this subdivision in the future. The development of six future residences on the property, as proposed, is consistent with the surrounding land uses and General Plan. As mentioned above, one of the common lettered lots (Lot "B") is proposed within the subdivision to provide for on-site retention area. Lot "B" as proposed also includes a 10-foot wide drainage easement at its southern edge, which will direct excess runoff from the subdivision downstream. As proposed, the drainage easement does not indicate that the outletting of water that could occur during a large storm event will follow the natural downstream drainage course. As mitigation, it has been determined by the City Engineer that a 20-foot wide sewer and water easement should be provided within Lot "B" to divert overflow and outletted water in the direction of the natural drainage course. In addition, a 20-foot wide sewer and water easement is recommended to be provided on the downstream vacant parcel closest to the natural drainage course, adjacent to and east of the proposed subdivision. If an easement across this parcel cannot be obtained by the applicant, it is the opinion of the City Engineer that the sewer easement should go into the private street easement and required public utility and ingress/egress easement that connects the private street with Rose Avenue, which would require a pump station to be provided within the subdivision. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA), a subsequent Mitigated Negative Declaration has been prepared for this project and will be reviewed by the City Council. A mitigated negative declaration (MND) was previously adopted by the City Council on October 18, 2000. However, information in the adopted MND must be updated in order to reflect new UC 0;� circumstances under which the project is being undertaken. Mitigation measures with respect to biology and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of CEQA, the preparation of a subsequent mitigated negative declaration is necessary. The subsequent MND was distributed to local, regional, and state agencies, and other interested parties for a 20-day public review period. A Notice of Intent to adopt a Mitigation Negative Declaration was published in accordance with State Law with the review period ending on February 23, 2005. The following interested parties submitted comments on the Initial Study: • Mr. Andrew Z. Linsky Key issues raised in the comments included a request for air quality and noise studies in order to assess cumulative impacts to air quality and impacts from grading operations from the future construction of single-family homes. The comments also discussed building height, potential blasting, mitigation measures for impacts to biological resources, and drainage. A written response to the comments has been prepared and is attached to this report. In completing the environmental assessment, staff found that there could be potentially significant impacts in air quality, biological resources, cultural resources, and hydrology and water quality, if mitigation measures are not incorporated into the project design. With respect to air quality, potential impacts from this subdivision are related to construction and grading activities. The applicant is required to submit a dust control plan to the Building Department prior to any grading activities. Impacts to hydrology and water quality have already been discussed above in the `Analysis' section and mitigation measures and Engineering conditions of approval have been recommended to address those potential impacts. As noted in the subsequent MND, the subject property is located adjacent to hillside areas where bighorn sheep are known to exist. After the original approval of TTM 28668, the U.S. Fish and Wildlife Service (FWS) adopted two documents pertinent to bighorn sheep. The Peninsular Bighorn Sheep Recovery Plan was publicly released in November 2000 and the Critical Habitat for the Endangered Peninsular Bighorn Sheep was established in February 2000. Both documents were known and acknowledged at the time of the project approval and mitigation measures were included in the project approval that addressed potential impacts to bighorn sheep. A field consultation with FWS staff was conducted in April 2000 where mitigation measures regarding acquisition of land in the Snow Creek area and sheep fencing where agreed upon. It was determined that with the incorporation of the mitigation measures as required by FWS that the project would not cause a significant impact to Bighorn sheep. An updated biological study has been prepared by James W. Cornett Ecological Consultants and concluded that the project will not have a significant impact on plant or animal species and therefore recommended no mitigation. However, in order to be consistent with the previously adopted MND, mitigation measures have been carried forward into the subsequent MND. In addition, because the subject property is located on the Agua Caliente Reservation and subject to the Tribal Habitat Conservation plan, the applicant is required to pay the Valley Floor Conservation Area $800/acre mitigation fee. With respect to cultural resources, the mitigation measures for potential impacts to these resources have been updated to reflect the current requirements as specified by the Agua Caliente Cultural Resources Office. 0003 Upon completion of the environmental assessment, staff found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures or project revisions described in the subsequent Mitigated Negative Declaration. NOTIFICATION All property owners within four hundred (400) feet of the subject property as well as interested persons have been notified. As of the writing of this report, staff has received some general inquiries but has not received any written correspondence or comments on the subsequent MND. 1 In`t�m rrprdorofPlannin Services r City Manager ATTACHMENTS 1. Vicinity Map 2. Initial Study 3. Comments received on the Initial Study 4. Response to comments received on the Initial Study 5. Resolution 6. Conditions of Approval No 1035 NOTICE OF PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Tentative Tract Mapp 28668 and Notice of Intent to Adopt a Mitigated Negative Declaration Applicant: Mrs Edith Armstrong Thor NOTICE IS HEREBY GIVEN that the Planning PROOF OF PUBLICATION Commission of the of Palm Springs,Planning Califor- his, will hold a ppublic hearing at its meeting of (2015.5.C.C.P) February begins 2005. The Planning Commission meeting begins, 200 .m. in the CouncilWay, Cham- ber at City Hall, 3200 Tahgwtz Canyon Way, Palm Springs The purpose of the hearing is to consider an ap- plication by Edith Armstrong Toor to subdivide a 4.48 acre parcel into 6 lots. The subject property is located west of Rose Avenue at Coronado Ave- nue, Zone R-1-A Section 10 This map was pre- vious)yy approved by the City Council on October 18, 2000 and was exterdedyonce before expiring an December 17, 2003. The map is identical to the previously approved map. The application in- cludes the following elements: Adoption of the Mitigated Negative Declaration- The proposed project has the potential to have significant impacts related to air quality, hydrolo- gy, biology and cultural l ecources unless the rec- ommended mitigation measures are incorporated into the project, STATE OF CALIFORNIA Adoption of the Mitigation Monitoung Program- Implementation of the mitigation measures will ia- County of Riverside duce environmental impacts associated with the project to a level of less than significant, and re Tentative Tract Map - The project applicant is - 2866esting the approval of Tentative Tract Map The proposed subdivision exceeds all of the re- quirements of the ITS General Plan designation and the R-1-A zoning classification. The subdivi- sion is proposed as a custom lot development and no plans for individual homes are under con- sideration with this application. The development would install the single cur-de sac road access and utilities to the lots. No mass grading is pro- I am a citizen of the United States and a resident of posed. the County aforesaid;I am over the age of eighteen PursuaAct nt to t Cie subsequent Environmental nfvir nnment N Quality y(r fs year's,and not a party to or interested in the Declaration has been prepared for this project and will be reviewed by the Planning Commis- above-entitled matter.I am the principal clerk of a sion. A mitigated tiegative declaration (MND) was printer of the,DESERT SUN PUBLISHING adapted by the city Council on october 18,2000. However, information in the adopted MND must COMPANY a newspaper of general circulation,, be updated in order to reflect new circumstances under which the project is being undertaken.Miti- printed and published in the city of Palm Springs, gction measures with respect to biology and cul- CoUnt of Riverside,and which newspaper has been tural resources have been added or updated. yTherefore, pursuant to Section 15162 of CEQA, adjudged a newspaper of general circulation by the the preparation of a subsequent mitigated ri tive declaration is necessary The subsequent Superior Court of the County of Riverside,Slate of MND, previously adopted MND, application, and fo California colder the date of March 24,1988.Case related documents are available r public reviewat the City of Palm Springs Department of Plan- Number 191236• that the notice,of which the rang Services counter, Maude to Friday, 8'00 a.m. to 5.00 pan annexed is a printed copy(set in type not smaller If any group challenges the action in court, issues than Icon pariel,has been published in each regular raised may be limited to only those issues raised and entire issue of said newspaper and not in an at the public hearing described p this notice or in y at then correpublic hearing de at, or prior to the Plan- supplement lement thereof on the following dates,to wit: ring Commission hearing. An opportunity will be 11 g given at said hearing for all interested persons to e heard Questions regarding this case may"be directed to Jing Yea, Principal Planner ai 60) February 3"t 323-8245. -----------^------^------------------------------------------- Si necesita ayu la con esta carta,porfavor Name a - la Ciudad de Palm Bonn ggs_Y puede hablar con Nadine Roger telethon-(760) 323-8245. -----------_______^---------------------------_--------------.. GARY WAYNE All 111 the year 2005 ,Interim Director of Planning Services SUBJECT: NOTICE OF INTENT TO ADOPT I certify(m'declare)corder penalty of perjury that the MITIGATED NEGATIVE DECLARATION foregoing is true and correct. PROJECT TITLE:'Tentahve Tract Map 28668 In accordance with the California Environmental Dated at Palm Springs,California this----3rd----day Quality Act(CEQA),the City of Palm Springs, Got- ifornia, is the Lead Agency and has prepared a Mitlgated Negative Declaration for the proleat identified above.The purpose of this Notice of In- of------February----------2005 tent (NOI) is to solicit comments on the environ- mental analysis contained in the Mitigated Nega- tive Declaration. . _ as to subdivide 4ith toss ration has been pre- _ The Mitigated Ne ative Declaration Toor who been Frappe- ---- reared for Mrs.E i.4 Armstrong "' g acres of land into six SlgllatUl'C rots for the future development of six custom sin- gle-family homes. The site willex gam private s eet cess from Rose Avenue, an existing private street east of the proposed subdivision, and via a 36- faot wide access easement across adjacent - property. This project was previously ap- proved ap pro ved a mitigated negative declaration (MND)adopted by the Palm Springs City Council on October 16, 7, 20 Howevernformmap expired on December 17, 2 e u and information t in the adopted MND must be updated m order to reflect new cdertak n. Mitigation under which the project is respect be- ing Mitigation measures with respect e biology and cultural resources have been add- ed or updated. Therefore, pursuant to Section e preparation of the California Environmental Quality Act, the preparation of a subsequent mitigated nega- tive declaration necessary. The previously adop- ' MND -avv ail -re,iew-f the[' tion or form,,regUlnng response from yo -I{f purv,'.''p�p 'ppose Is to's6nplyy provide"dformapon you, abgVe bigjedt. Pdhe,prdposed projep4�hps.ng,; 'bearing onry'Pp or your dtganl�ption nq'�cev. �Iyyour pan Is,ne essarryy If,you wish to rece6ve the MRlgaked Ne,g�tive Declarta4pn please d�fl the,,' IDepartme Planning 6ervloes City of,Palmy i ;.Springs (Pielifbrhla ek(/60u713 8P45 Gommenis rdlatrve to the e6vironlnentel ahalysls 'should,be�eddres5etl to Jing Yeo`3t tha`eddress .'shown below a marled -tot JingY�oi.palm i� spnogsida.us'.or seat by fax to (7y0),322-6360 t;Grommen5`In116t be [ebelved rib I3'), haA B 00 p m on Febl=, 23 2005:.Please Incude the ,�ipr� cm,org lone,,oh tuber o$[he oontgct perponrl I'�,pmleot Applicant Mrs Faith Armstrbnrq Tp�orr arYSr Way 'WRYne.': 'Ti Interim DirectoG;oY•. P.Ianning Se'rvices,L Telephone (76b};'323-6245°J M�MORAND,UM ,From,Interim DIrector of plapning$ervlcgs I 'To Dlatr511t100 .'SupJect rybtlee of Avellebill}y of ah InItIaI�S}udy y'thet eveluates':Tentatlue Tred Map 28666 ,an ap-y plicatign to subdde 4.48 acres Into six singgle-; <!famlly residential lots for future develdprdeTG pi'I custom h'dmes%located west:ot Rosg'Avenue,'pt j Goronatlo Avenue Zone R 1dA Section I0:, Thp Clty pf Palm Springs hgs prepared en Initial' Stud whlchtkvaluates T,ehtative Trapf- Maps 2866 an applicatloh To subdivide 4 4B acres Into., $ix slpgle lamlly residential lots for Future develop aytent of custom homes located wasY.of Rose Av-4 1Jen0ue at Coioh'ado Avenue Zone R 1-A;"'5ectidnt V. r, ,Thls protect Wes previously approved anda'mlti-, gated hgyative..declahation(MND}adopted b'yy The• ,palm Springs'Clty Gouncll pry Octobet 78-,20p0. owever,the map expired„cry.Dapemher 1'T;12003 r +and IhtorrI ",In the adopted MND must be upp- ,dated m ofder!tb reflect new c(rcumstances vndar,j ,which the proJectt is beipgi'uddenaken.'M it,getion. measufes lwRh"respect to biology and cultural'rg ,sources hapeen adtled or updated Tljerefora -pursuent to Section 16`I62 of^the CelffcmPaEnvl t� -rohmental Quality Act the breJjeration of asubse J, quent mltlgatedneI,1i declaratlon is nece'sary y ,1'he Clty has.auttiod sz the elease ,' fh.11;lYlal"i� iStudy for public review and comment For[he.or i feet summarized above The.lnitlal Study prevl '; Dustyy adoptetl MND and Yelattpd processing9ma .1ionals are avalleble for public'.review or'pbXl,Moot �SYorn the CRyrat the address above The Iietlod oY lrevlew and gomment o Il il'e�l Febrpary 3 ; N2005 tp February 23 2005'.IW,rlyten comrnehts.pdi ,the Initial SYudy'shculd be'submltted fo Jln9 Yeo„1 Pnnclp, Planer Clty of6Palm Springgs; st hohe 'above address„rip later thani February 23;,2005.,,,, ,The Planning .frommission JWill review t6e',pro 'I ;pposed projttd�at ne meeting on 1,,e,, 73 p 2006 qt that mesting the Planning�Corpmsdiori; me feoorinmen8 that hha,-O,ity CoUpcl�'-ado"pt ` •mitigated negatl�e declaration at a latef,date .; ,Rease c ntacYJing Yeo;�PYincit planner at'f( ;(7601 323 3245,E Ifryo4 have any qU'stchl.aregard flhgg he Olty s review procesp for consldefld'g,the' .Initla� Study VICINITY MAP r ® 'II 1 li a� I , e I '/ paIN •,ko- i'PUB Fetrlt,Jary'u9lt 20g5 ,, i . ;1.-- , n T 7� PUBLICATION '�T T T ♦ No. 1319 PROOF OF P V pLl�-yATION NOTICE OF CITY COUNCIL MEETING L 1. 11 1\ NOTICE OF PUBLIC HEARING (2015.5.C.C.P) CITY OF PALM SPRINGS Tentative Tract Map 28668 and Notice of Intent to Adopt a Mitigated Negative Declaration Applicant Mrs. Edith Armstrong Toor NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public hearing at its meeting of March 16, 2005. The City Council meeting begins at 7:00 p.m. In the Council Chamber at City Hall, 3200 E. Tah- call Canyon Way, Palm Springs. The�urposa of the hearing Is to consider an ap- plication by Edith Armstrong Toor to subdivide a 4.48 acre parcel into 6 lots. The subject property is located west of Rose Avenue at Coronado Ave- nue, Zone Ft-1-A, Section 10.This map was pre- STATE OF CALIFORNIA viously approved by the City Council on October 18, 2 00 and was extended once before expiring County Of Riverside 18, December 17, 2003. The map is Identical to the pprsviaudy approved The applicationm- an - cluQee the following elemts: " Adoption of the Mitigated Negative Declara- tion - The proposed project has the potential to have significant impacts related to air quality, hy- drology, biology and cultural resources unless the recommended mitigation measures are Incorpo- rated into the project; * Adoption of the Mitigation Monitoring Pro- gram - Implementation of the mitigation mea- sures will reduce environmental impacts associat- ed with the project to a level of less than slgnlfl-1 I am a citizen of the United States and a resident of cam; and the Countyaforesaid;I am over the age of eighteen hteen Tentative Tract Map-The project applicant 1s 1 g g re nesting the approval of Tentative Iaat Map years,and not a party to or interested in the 28V66. above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING ""Ji.m.ICm:a COMPANY a newspaper of general circulation, — printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been '"_�\- adjudged a newspaper of general circulation by the Superior Corot of the County of Riverside,State of -- Califorma tinder the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller ' i than non parcel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: PP g CrlV Or pMIA FrNiXe6 March 5"' The propcase subdivision exceeds all of the re- qulrements of the L2 General Plan designation and the R-1-A zoning clesslflcatlon. The subd-m sion is proposed as a custom lot development and no plans for Individual homes or grading, rading ac- -- ----------------------------- —------------- ---_----__----- tion1eT a tle edlapment iwoWd Inswiil the Is7nglelcul- All in the year 2005 de-sac road access and utilities to the lots. Ne mass grading Is proposed. ' I certify(or declare)under penalty of perjury that the Puisuant to the California environmental Quality Act (CEQA); a subsequent Mitigated Negative foregoing IS tree and Correct. Declaration has been prepared for this project and will be reviewed by the City Council. A md1- geted negatve declaration(MND)was adopted by Dated at Palm Springs,California this----11m----day the city,Council on October 18, 2000. However, inform ton in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation mea- of------March----------2005 sures with respect to biology and cultural re- sources have been added or uppdated.Therefore, pursuant to Section 15162 of MA,the prepare- !on( l of a subsequent mitigated negative declara- tion is necessa . The subsequent MND, previ- ______________________________________________ eusly adopted A D,application,and related doc- uments are available for public review at the City Signature of Palm Sppringgs Department of Planning Services counter, Montlay to Friday, 8:00 a.m.to 5:00 p.m. If any group challenges the action 1n court, issues „_rrv.v raisetl may be limited to only those issues raised t� at the public hearingg described m this notice or in t written comas tondence to the Cltyy Clark at, or 1 prior to the Clty Council hearing. An opportunity ed ij_p will be given at said hearing for all Interested per- sons to be heard. Questions regarding this case may be directed to Jing Yea, Principal Planner at (760) 323-8245. SI neceslta ayuda con esta carts,porfavor Ilame a Is,Ciudad de Palm Springs y puede hablar con Nt dme Fleger telefono (7 0) 323-8245. JAMES THOMSPON, City Clerk PI air, - NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Tentative Tract Map 28668 and Notice of Intent to Adopt a Mitigated Negative Declaration Applicant: Mrs. Edith Armstrong Toor NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 16, 2005. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by Edith Armstrong Toor to subdivide a 4.48 acre parcel into 6 lots. The subject property is—Located e -Rose Av-e u t-Coronado-Avenue-Zoned 1 A, Section 10. This map was previously approved by the City Council on October 18, 2000 and was extended once before expiring on December 17, 2003. The map is identical to the previously approved map. The application includes the following elements: • Adoption of the Mitiqated Negative Declaration - The proposed project has the potential to have significant impacts related to air quality, hydrology, biology and cultural resources unless the recommended mitigation measures are incorporated into the project; • Adoption of the Mitigation Monitorinq Proqram - Implementation of the mitigation measures will reduce environmental impacts associated with the project to a level of less than significant; and • Tentative Tract Map-The project applicant is requesting the approval of Tentative Tract Map 28668. The proposed subdivision exceeds all of the requirements of the L2 General Plan designation and the R- 1-A zoning classification. The subdivision is proposed as a custom lot development and no plans for individual homes or grading activities are under consideration with this application. The development would install the single cul-de-sac road access and utilities to the lots. No mass grading is proposed. Pursuant to the California Environmental Quality Act (CEQA), a subsequent Mitigated Negative Declaration has been prepared for this project and will be reviewed by the City Council. A mitigated negative declaration (MND) was adopted by the City Council on October 18, 2000. However, information in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation measures with respect to biology and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of CEQA, the preparation of a subsequent mitigated negative declaration is necessary. The subsequent MND, previously adopted MND, application, and related documents are available for public review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, 8:00 a.m. to 5:00 p.m. If any 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 to the City Clerk at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Principal Planner at (760) 323-8245. Si necesita ayuda con esta carts, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760)323-8245. MESTHOMSPON City Clerk 1 Department of Planning Services vv N L V a Vicinity Map V eca � 4 4 Uj 1 APIOP.AMA F2Q � l d AVE w 4 w m 0 O CITY OF PALM SPRINGS CASE NO: TTM 28668 DESCRIPTION: Application for subdivision of 4.48 gross acres of land into six APPLICANT: Edith Armstrong Toor single-family residential lots located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10. 5 504 213 002 Edward Domanskis /7 2049 Ocean Way G - Lagima Beach,CA 92651 EI' on 3 NEIGHBORHOOD COALITION MR BILL DAVIS AND CASE NO. -TTM 28668 MR PETER DIXON MS TRISHA DAVIS MRS. EDITH ARMSTRONG TOOR TENNIS CLUB AREA TENNIS CLUB AREA CITY COUNCIL MEETING-3.16.05 431 SOUTH MONTE VISTA DRIVE 555 WEST BARISTO ROAD#2C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 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 11 I I I 1 INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO TTM 28668 PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I I I ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MRS. EDITH A. TOOR MR. MARVIN ROOS 1000 CORONADO AVENUE MAINIERO, SMITH &ASSOC. SPONSORS I I I PALM SPRINGS, CA 92262 777 E. TAHQUITZ CANYON WAY,#301 PALM SPRINGS, CA 92262 CASE NO. TTM 28668 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE HISTORIC SITE REP I I I PO BOX 4738 PALM SPRINGS CA 92263-4738 NEIGHBORHOOD COALITION MR PETER DIXON MR BILL DAVIS &/ CASE NO.-5.0830-PD 260 TENNIS CLUB AREA MS TRISHA D)jV15 FAIRFIELD RESORTS, INC. 431 SOUTH MONTE VISTA DRIVE TENNIS CLUB AREA CITY COUNCIL MEETING-03.16.05 PALM SPRINGS CA 92262 3375 FOOTHILL ROAD,#821 MR BILL DAVIS AND CARPINTERIA, 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 1 I 1 1 I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO 5.0830- PD 260 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE 1 1 I ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MR BILL KESTERSON MR GARY OLMEIM FAIRFIELD RESORTS, INC. FAIRFIELD RESORTS SPONSORS I 1 1 8427 SOUTH PARK CIRCLE,#200 9805 WILLOWS ROAD ORLANDO, FL 32819 REDMOND, WA 98052 MR FERNANDO VILLA CASE NO.5.0830-PD 260 GREENBERG TRAURIG, LLP MR PETE MORUZZI 2450 COLORADO AVENUE,#400E HISTORIC SITE REP 1 I 1 PALM SPRINGS MODERN COMMITTEE SANTA MONICA, CA 90404 PO BOX 4738 PALM SPRINGS CA 92263-4738 508 161 002 508 171 005 508 171 007 Riverside County Flood Cont John Polos &Kathe Polos Riverside County Flood Cont 1995 Market St 777 S Palm Canyon Dr 1995 Market St Riverside,CA 92501 Palm Springs, CA 92264 Riverside,CA 92501 508 171 008 508 171 009 508 172 005 John Polos&Kathe Polos Riverside County Flood Cont Ptshp Olympic-banington 777 S Palm Canyon Dr 1995 Market St 9229 W Sunset Blvd#625 Palm Springs,CA 92264 Riverside, CA 92501 West Hollywood, CA 90069 508 172 007 508 172 008 508 172 009 Ptshp Olympic-barrington Riverside County Flood Cont Ptshp Olympic-barrington 9229 W Sunset Blvd#625 1995 Market St 9229 W Sunset Blvd#625 West Hollywood, CA 90069 Riverside,CA 92501 West Hollywood, CA 90069 508 291 003 508 291 004 508 291 028 Patrick Lacroix &Roy Ragle James Crippam Jerold Harris&Lary Tabberer 1558 Curran St 145 E Mesquite Ave 8830 Rangely Ave Los Angeles,CA 90026 Palm Springs,CA 92264 Los Angeles,CA 90048 508 291 029 508 291 034 513 250 014 Erminia Verlengia Steven Reid Chevrolet Macmagruder 1080 S Palm Canyon Dr 1000 S Palm Canyon Dr 999 S Palm Canyon Dr Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 513 300 005 513 300 006 513 300 007 Parlcview Mobile Estates Inc Fey Family Investments Limited Partn Fey Family Investments Limited Parm 211 W Mesquite Ave 2000 S Madrona Dr 2000 S Madrona Dr Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs,CA 92264 513 300 030 513 300 031 George Marantz&Dianne Marantz George Mararilz&Dianne Marantz 6 Palomino Rd 211 W Mesquite Ave Palm Springs,CA 92264 Palm Springs, CA 92264 Ds- III lmpressionantibourrage eta s€chage rapide / www.averycom y�2 AVE!IVO 5960m- Utiiisez legabarit 5960"m 1 800-GO-AVERY 504 201 008 504 201 009 504 201 024 \Charles&David Shapiro John Boccardo&Jon Roberts William Grunta A Celia I San Carlos Ave 1011 W Cielo Dr ✓f 925 W Panorama Rd Sausalito, CA 94965 Palm Springs, CA 92262 j Palm Springs, CA 92262 504 201 O21 504 201 026 504 201 027 Thomas A erson Marilyn Hushleifer Max Palevsky PO B 4450 877 W Panorama Rd 924 Westwood Blvd#700 P16 Desert, CA 92261 Palm Springs, CA 92262 Los Angeles, CA 90024 504 201 032 504 201 033 504 202 007 Maxt Palevsky Andrew Lnrsky Dorothy Hibler&Robert Sutton Jr. 924 Westwood Blvd 4700 850 N Palm Canyon Dr 12839 Marlboro St Los Angeles, CA 90024 Pahn Sprigs, CA 92262 Los Angeles, CA 90049 504 202 008 504 202 009 504 211 001 Kay Suttori Onderdonk&Robert Sutton Tuscan Vista Lie At&Diane Cameron 12839 Marlboro St 1 San Carlos Ave 7529 Cooper Point Rd NW Los Angeles, CA 90049 Sausalito, CA 94965 Olympia,WA 98502 504 211 002 504 211 003 �J 504 211 004 Felix Barthelemy Heenan aria Jaetu e Robert Grinclurk&Reuel Olin 699 Camino Norte 845 Chino Call Rd 1751 University Ave Palm Springs, CA 92262 -PAfir Sprigs, CA 92262 San Diego, CA 92103 504 213 001 504 213 002 505 030 008 Yang Kil Edward Domanskis Max Palevsky 11861 Cardinal Cir 2049 Ocean Way 924 Westwood Blvd#700 Garden Grove, CA 92843 Laguna Beach, CA 92651 Los Angeles, CA 90024 505 030 009 505 041 008 505 041 010 Usa 505 Arnold Stevens Justin Hilb &Jeaue Ayer I-Iilb Us Dept Of Interior 3500 Lakeside Ct#140 911 Juarez Ave Washington, DC 20401 Reno,NV 89509 Palm Springs, CA 92262 505 041 016 505 041 019 505 044 010 Virginia Milanovich R John Armor Klaus Ogerman&Inge Ogerman 100 S Sunrise Way 1500 N Rose Ave Otto SIT 19 Palm Sprigs, CA 92262 Pahn Springs, CA 92262 80333 MUNICH GERMANY 505 044 Off 505 044 012 505 044 013 Klaus Ogennan&Inge Ogennan S A Idanel Carey Wong Otto Str 19 32 Route De Malagnou 56 E Roily St 80333 MUNICH 1208 GENEVA Pasadena, CA 91103 GERMANY SWITZERLAND 505 044 014 505 044 015 505 044 016 Pamela Clifford Crown City Rose Ave Lie Edith Armstrong Toor 5740 Hill Oak Dr 65 N Raymond Ave#235- 1000 W Coronado Ave Los Angeles, CA 90068 Pasadena, CA 91103 Palm Sprigs, CA 92262 dmpression antibowrrage et a s€chage rapine -- www.avery.com utiiisez le gabarit 5960mc 1-800-GO-VERY M `Z P6�p Q AVERY®5960+u 505 044 017 505 360 011 505 360 012 Edward Domanskis Pahn Mountain Co Edward Domanskis i 1441 Avocado Ave#307 155 S Belardo Rd 1441 Avocado Ave#307 Newport Beach,CA 92660 Pain Sprigs, CA 92262 Ne i wportBeach,CA 92660 505 360 014 505 360 015 R M Fey &Ethel Fey Arnold Stevens PO Box 2849 3500 Lakeside Ct#140 Paln Springs,CA 92263 Reno,NV 89509 it � t i i i r"1 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No. 5.1036 ZTA Zoning Ordinance Text Amendment and Municipal Code Amendment to establish procedures regarding applications submitted to the Planning Department and Notice of Exemption from CEQA Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 16, 2005. The City Council meeting begins at 7:00 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 No. 5.1036 ZTA, a request initiated by the City of Palm Springs to amend the City's Zoning Code, Chapter 94.00, Section 94.00.00 ("Application") and Section 94.00.01 ("Uses Permitted") and Municipal Code, Title 9, to establish procedures regarding applications submitted to the Planning Department. The intent of the proposed amendments is as follows: 1) Designate the Planning Director to establish the form of applications for actions pursuant to the Zoning Ordinance; 2) Establish the authority to reject submittals that are not on an acceptable form or that are missing required information; 3) Establish procedures to determine application completeness after an application is submitted to the Planning Department; 4) Provide a mechanism for withdrawal of applications that have been incomplete for an extended period of time; 5) Require that re-submittal of previously rejected or withdrawn applications shall be on new forms with new information and payment of fees in effect at the time of re-submittal; 6) Provide an administrative process for appeal of the Planning Director's decisions regarding applications. The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project and determined that the proposed Zoning Ordinance text amendments and Municipal Code amendment are exempt pursuant to the "General Rule" [Section 15061(b)(3)]that CEQA applies only to projects that have the potential to cause a significant impact on the environment. The proposed amendments are process- oriented, requiring additional levels of review through the permit process for each applicable future project. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Because the amendments have been found to be exempt, no environmental review is necessary. If any 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 to the City Clerk at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gary Wayne, Interim Director of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carte, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760)323-8245. MES THOMPSON ity Clerk �o QAdM SAQ �N City of Palm Springs * Depa.:Ment of Planning and Zoning * hCo<ORpiE0,y3 * 3200 E.Tahgmtz Canyon Way • Palm Springs,California 92262 C Q TEL:(760)323-8245 • FAX(760)322-8360 • TDD(760)864-9527 0it MEMORANDUM From: Interim Director of Planning Services To: Distribution Subject: Notice of Availability of an Initial Study that evaluates Tentative Tract Map 28668, an application to subdivide 4.48 acres into six single-family residential lots for future development of custom homes located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10. The City of Palm Springs has prepared an Initial Study which evaluates Tentative Tract Map 28668, an application to subdivide 4.48 acres into six single-family residential lots for future development of custom homes located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10. This project was previously approved and a mitigated negative declaration (MND) adopted by the Palm Springs City Council on October 18, 2000. However, the map expired on December 17, 2003 and information in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation measures with respect to biology and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of the California Environmental Quality Act, the preparation of a subsequent mitigated negative declaration is necessary. The City has authorized the release of the Initial Study for public review and comment for the project summarized above. The Initial Study, previously adopted MND, and related processing materials are available for public review or obtained from the City at the address above. The period of review and comment will be from February 3, 2005 to February 23, 2005. Written comments on the Initial Study should be submitted to Jing Yee, Principal Planner, City of Palm Springs, at the above address no later than February 23, 2005. The Planning Commission will review the proposed project at its meeting on February 23, 2005. At that meeting the Planning Commission may recommend that the City Council adopt a mitigated negative declaration at a later date. Please contact Jing Yeo, Principal Planner at (760) 323-8245, if you have any questions regarding the City's review process for considering the Initial Study. u;( 21 Post Office Box 2743 0 Palm Springs, California 92263-2743 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING SERVICES INITIAL STUDY 1. Case No: TTM 28668 Project title: TTM 28668 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Patin Springs, CA 92262 3. Contact person and phone number: Gary Wayne, Interim Director of Planning Services Tel: (760) 323-8245 4. Project location: West of Rose Avenue at Coronado Avenue 5. Project sponsor's name and address: Mrs. Edith Armstrong Toor 1000 West Coronado Avenue Palm Springs, CA 92262 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.) A proposed 6-lot single family residential subdivision on 4.48 gross acres of land, with lots ranging in size from 0.567 to 0.9 acres. The objective of the subdivision is to create six lots for the purpose of development of six custom hillside residences in the future. The site will gain public vehicular access from Rose Avenue, an existing private street east of the proposed subdivision, and via a 36-foot wide access easement across adjacent private property. This project was previously approved and a mitigated negative declaration (MND) adopted by the Palm Springs City Council on October 18, 2000. However, the map expired on December 17, 2003 and information in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation measures with respect to biology and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of the California Enviromnental Quality Act, the preparation of this subsequent initigated negative declaration is necessary. The previously adopted MND is available for review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, 8:00 a.m. to 5:00 p.m. 7. Present Land Use: Vacant land 8. General Plan designation: L2 9. Zoning: R-1-A Proposed General Plan designation: L2 Proposed Zoning: R-1-A 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 19 No ❑ the same area, cumulative impact should be considered) u w7 City of Patin Springs Initial Study 1 of 23 Januuy 31,2005 It. If"yes" above, does the project fall into any of the Emergency Projects Yes ❑ No ❑% listed in Section 15269 of the State CEQA Guidelines? 12, If"no" on 10., does the project fall under any of the Ministerial Acts Yes ❑ No N 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 N 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 effect due to special circumstances, a categorical exemption does not apply). 15. Surrounding land uses and setting(briefly describe the project's surroundings): North: Single-family residences South: Vacant land East: Single-family residences and vacant land West: Vacant 16. Surrounding General Plan and Zoning: North: L2/R-I-A South: L2/R-I-A East: L2/R-1-C West: L2/0-20 IT Is the proposed project consistent with(if answered"yes" or"n/a", no explanation is required): City of Palm Springs General Plan Yes 19 No ❑ N/A ❑ Applicable Specific Plan Yes ❑ No ❑ N/A 0 City of Palm Springs Zoning Ordinance Yes © No ❑ N/A ❑ South Coast Air Quality Management Plan Yes ❑9 No ❑ N/A ❑ Airport Part 150 Noise Study Yes ❑ No ❑ N/A 0 f VJ+ 2 as.� City of Palm Springs Initial Study 2 of 23 January 31,2005 18. Are any of the following studies required? Soils Report Yes 0 No ❑ Slope Study Yes ❑ No 0 Geotechnical Report Yes O No ❑ Traffic Study Yes ❑ No 0 Air Quality Study Yes ❑ No 0 Hydrology Yes 0 No ❑ Sewer Study Yes ❑ No 0 Biological Study Yes 0 No ❑ Noise Study Yes ❑ No 0 Hazardous Materials Study Yes ❑ No 0 Housing Analysis Yes ❑ No 0 Archaeological Report Yes ❑ No 0 Groundwater Analysis Yes ❑ No 0 Water Quality Report Yes ❑ No 0 Other Yes ❑ No 0 19. Other public agencies whose approval is required(e.g.,permits, financing approval, or participation agreement.) N/A 20. Incorporated herein by reference are the following documents: 1. Final Environmental Impact Report on the General Plan Update prepared by Smith, Peroru, and Fox, 1993. 2. Mitigated Negative Declaration for TTM 28668 adopted by Palm Springs City Council on October 18, 2000. 3. Preliminary Hydrology Report for Tentative Tract Map No. 28668 prepared by Mairdero, Smith and Associates, Inc., June 2000.. 4. Biolo6cal Assessment and Impact Analysis of the proposed Toor Subdivision prepared by James W. Cometi Ecological Consultants, January 28, 2005. 5. Tribal Habitat Conservation Plan for the A>nta Caliente Indian Reservation prepared by Michael Brandman Associates and The Sauls Company for the Agua Caliente Band of Cahuilla Indians,November 2002. City of Palin Springs Initial Study 3 of 23 January 31,2005 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact'as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous Hydrology/Water ❑ Land Use/Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1.AESTHETICS--Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ ❑X vista? b) Substantially damage scenic resources, including, but not limited to, tees, rock ❑ ❑ ❑ L] outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ -© surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ Z nighttime views in the area? La-d) NO IMPACT. The project proposes the subdivision of 4.48 acres into 6 lots for future development of custom single-family residences. All residences will be subject to architectural review requiring approval by the Architectural Advisory Commnittee and the Planning Commission. In addition, the architectural review ordinance allows for a public hearing where controversy may exist. The pad elevations for the homes have been preliminarily established in accordance with the previous approval of the project. While the subdivision may have the ability to affect the visual character and quality of the surrounding site, the architectural plans and grading plans are subject to review and approval including analysis of relationship of structures to surrounding homes. At this time, no homes are being proposed therefore, the project could not have an impact on a scenic vista, scenic resources, the visual character of the site, and will not be a source of substantial light or glare. d-:IE 2S City of Palm Springs Initial Study 4 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ❑ ❑ ❑ 191 Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use,or a Williamson Act contract? e) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Fartrrlarnd, to non-agricultural use? 2.a-c) NO IMPACT. The project is not located on prime farmland, unique farmland or farmland of statewide importance. The project is not subject to a Williamson Act contract; therefore, the proposed uses would not conflict with agricultural zoning or other agricultural regulations. There is no farmland or agricultural land in the irmmediate vicinity of the project; therefore, the project could not result in conversion of farmland to non-agricultural uses. 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 of the ❑ ❑ 0 applicable am quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ l] ❑ ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ ❑x standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? "1 C 2C: City of Palm Springs Initial Study 5 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a El ❑ Z substantial number of people? 3.a, c-c) NO IMPACT. The applicable air quality plan for the project area is the 2003 Air Quality Management Plan (2003 AQMP). CEQA requires that projects be consistent with the applicable AQMP. The proposed project will conform to the SCAQMD 2003 AQMP. The project site is located in the Coachella Valley, which is under the recently adopted 2003 Coachella Valley PMte State Implementation Plan, The CMPMtoSIP requires the development and implementation of a dust control plan for all grading activities in the Coachella Valley requiring a grading permit. The project proponent shall develop a dust control plan and submit it to the City Building Department for review prior to issuance of any grading permits. Therefore, since the proposed project is considered consistent with the region's air quality plan and a dust control plan will be developed and implemented prior to grading activities, the project will result in a less than significant impact on the SCAQMD's AQMP or the CVPMteSIP. The size and nature of the six-lot residential subdivision is such that significant objectionable odours will not be created. Furthermore, it is anticipated that because the project is for a six-lot subdivision in order to create figure custom home sites, the six residences will not be constructed at the same time. Therefore, no impact will occur as a result of this project to sensitive receptors. Also, as discussed in response 3.b) below, with the incorporation of construction related mitigation measures, the proposed project would not result in any significant air quality impacts and therefore, would not contribute to a cumulatively considerable net increase of criteria pollutants or ozone precursors. 3b) LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The Tentative Tract Map is consistent with the General Plan. With the adoption of the General Plan update in 1993, the City Council adopted a Statement of Overriding Considerations regarding air quality. This statement acknowledges that it is not feasible to reduce citywide growth related impacts to air quality to a level of insignificance at this time. Additionally, due to the relatively small size and number of average daily trips that will be generated by the future development of this subdivision, there will not be significant impact related to air quality on a local or regional scale. The project is located on a site that is surrounded by development to the north and east and vacant land to the south. The project may have substantial temporary impacts on local air quality due to dust emissions fi-om heavy construction equipment and construction activities. Emissions associated with heavy construction equipment are typically associated with demolition, land clearing, grading, and excavation activities. Dust emissions also vary substantially from day to day, depending on the level of activity, the specific operations, and weather conditions. However, since the proposed project is located in the Coachella Valley, which has significant problems with PMto generation, the project proponent, prior to construction, will be required to develop and implement a dust control plan, in accordance with the 2003 Coachella Valley PMto State Implementation Plan. Mitigation Measures 1. Prior to beginning any construction activities, the project proponent of the building contract will develop and submit a dust control plan to the City's Building Department, in accordance with the 2003 Coachella Valley PMro State Implementation Plan. 4 }e 2 City of Palm Springs Initial Study 6 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 regional plans, ❑ 9 ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) IIave a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ ❑X to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means'? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑x ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ ❑x preservation policy or ordinance? f) Conflict with the provisions of an adopted IIabitat Conservation Plan, Natural Community ❑ ❑ ❑ 0 Conservation Plan, or other approved local, regional,or state habitat conservation plan? 4b, c, e, f) NO IMPACT. The site primarily consists of hillside areas covered in rock outcroppings or native scrub vegetation. The development of the site, which will be limited to small pad areas, will not have a significant impact on any locally designated plant or animal species or natural communities. No wetland or riparian areas exist on the properly that could be impacted by the project. 4.a, d) LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED. The site abuts Peninsular Bighorn Sheep Critical Habitat and is located in a perimeter area of the San Jacinto Mountain foothills where, although highly unlikely, sightings of the Peninsular Bighorn Sheep (PBS) could occur. However, bighorn sheep are known to exist in adjacent mountainous areas to the west. Therefore, a biological study was prepared as referenced earlier in this assessment, which is hereby incorporated by reference. The biological study concluded that none of the plant and animal species found within the project City of Palm Springs Initial Study 7 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact brcorporated Impact Impact boundaries are officially listed by any governmental agency. The project is not expected to have a significant negative impact on any of the species of plants and animals recorded from the project site. Each of the species found of the project site have ranges that extend fat- beyond the project site and therefore, the loss of habitat within the project boundaries constitutes an insignificant loss. In addition, the project can be expected to eliminate approximately 4.5 acres of creosote scrub habitat. However, the creosote scrub habitat is widespread in the Southwest and therefore, the loss of this habitat on the project site constitutes an insignificant loss. Since there are no significant impacts to plant or animal species as a result of the development of the site, no mitigation was recormnended in the biological study. However, based upon the previously adopted mitigated negative declaration for this project, mitigation measures are being proposed in order to be consistent with previous assessments. Because the proposed subdivision would extend the limit of development up an existing foothill close to PBS Critical Habitat, there is concern that barriers could be created that could impact PBS migration routes in the future, if PBS populations increase. The U.S. Fish and Wildlife Service (FWS) publicly released the PBS Recovery Plan in November 2000 and established the PBS Critical Habitat in February 2001. A field consultation with FWS occurred in early 2000 where it was agreed that with mitigation measures requiring acquisition of open space lands and applying information from biological analysis of the subdivision, the project could not be expected to have significant adverse impacts on the biota of the region and specifically, the project would not cause a significant impact to PBS. The project was not discussed with the California Department of Fish and Game (CDFG) however, additional mitigation measures related to sheep were recormnended by CDFG. Subsequent to the previous approval of this project, the Tribal Habitat Conservation Plan (THCP) was adopted on November 12, 2002. The site is located within the Ag is Caliente Reservation boundaries and is therefore, subject to the requirements of the THCP. Tribal Planning staff has reviewed the project and determined that it is located within the Valley Floor Conservation Area (VFCA) and is subject to the VFCA Mitigation Fee of $800/acre. This is fee is payable to the Tribal Planning Department prior to the issuance of any construction permits. Despite the low quality of the habitat and the minimal opportunity for sighting PBS on this property, staff has carried forward all of the mitigation measures related to biology from the previously adopted mitigated negative declaration. These mitigation measures are imposed to insure that no negative impacts will occur to the biota of the area with the future development of six residences on the property. Mitigation Measures 1. In accordance with the Tribal Habitat Conservation Plan for the Agua Caliente Indian Reservation, the applicant shall pay the Valley Floor Conservation Area Mitigation of$800/acre to the Agua Caliente Band of Cahuilla Indians Planning Department prior to the issuance of any grading or construction permits. 2. The applicant shall purchase a minimum of 5 acres in the Snow Creels area as an offset to developing the subject property. Alternate property may be acquired if mutually agreed upon by the City and the Fish and Wildlife Service or funds equal to the cost of the Snow Creek property should be deposited with the City's Open Space Acquisition Fund for future acquisition of open space lands either by the City or another entity. City of Palm Springs Initial Swdy 8 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3. If blasting is determined to be a necessary part of the excavation operation for any of the future residences on the property, the timing of such a procedure shall be planned with the assistance of a biologist. If the biologist determines that the location and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impact will be negligible. A biological monitor may be also be necessary prior to and during blasting events to halt blasting immediately if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and world conduct visual surveillance before and during blasting. 4. Any additional landscaping or landscaping alteration outside of fenced areas shall consist of plant species that are native to the immediate area. No additional oleanders shall be planted on- site, as they have been implicated in PBS deaths through poisoning. If bighorn sheep numbers again increase in the future, they should not have any toxic plants in their environment. 5. The final design of any perimeter fencing or walls shall be carefully reviewed by the Department of Planning and Building as part of the Architectural Review process for each residence within the subdivision. The fencing shall be of a height, located and designed as to not create a `trap"for PBS that could potentially wander to the fringe of the subdivision. 6. The developer of each single-family residence shall construct a six (6) foot high decorative fence or wall around the north, west, and south project perimeter to create a barrier between the project and undeveloped properties. In the event there is evidence that bighorn sheep are entering the subject property the City may require each homeowner to increase perimeter fence and/or wall height to eight (8) feet or more. The fence or wall shall be increased in height within one year upon written notice by the Director of Planning Services. TIJ is-mitigation measure shall be ineorperated into the project CCRRs. 7. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ x❑ §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑X ❑ ❑ pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ ❑X geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? )C 30 City of Patio Springs Initial Study 9 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 5.a, c, d) NO IMPACT. No structures currently exist on the project site. No impacts to paleontological resources or historic properties potentially eligible for inclusion on the National Register of Historic Place, the California Register of Historic Places, or the California Historic Landmarks are expected to occur. 5.b) LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED. The proposed project is located on the Agua Caliente Band of Cahuilla Indians Reservation and therefore on lands that may contain cultural resources. Some recent work in the general area completed by the Agua Caliente Band of Cahuilla Indians has yielded buried cultural material that was not apparent on the surface. Further, the project is located on the foothills of the mountains, which comprise a zone known to be rich in cultural resources. To ensure that no significant impacts will occur- should any archaeological resources be uncovered during site preparation, an on-site monitor from the Agua Caliente Band of Cahuilla Indians Cultural Resource Office will be hired by the project proponent or the building contractor to monitor the grading and excavation activities. The monitor shall halt grading or any other construction activity immediately if suspected archaeological resources are uncovered during such activities.Therefore, with the incorporation of the following mitigation measures, there will be a less than significant impact on archaeological resources. Mitigation Measures 1. 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. 2. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 3. One copy 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. 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: 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 ❑ ❑ ❑ ❑x substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑x ❑ City of Palm Springs Initial Study 10 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact iii) Seismic-related ground failure, including ❑ ❑ ❑ 0 liquefaction? iv)Landslides? ❑ ❑ ❑ l7 b) Result in substantial soil erosion or the 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 on- ❑ ❑ ❑ 9 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 ❑ ❑ ❑ 0 (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water ❑ ❑ ❑ Z disposal systems where sewers are not available for the disposal of waste water? 6.a.i, a.iii, a.iv, c-e)NO IMPACT. The subject property is located within an alluvial fan area at the base of the foothills of the San Jacinto Mountains. With the future development of single-family residences within the subdivision, the project will involve grading of the existing terrain. At this time it is not known the specific impacts that future grading will have on the environment within this subdivision. However, there are no known geological hazards present on the site other than ground shaking potential associated with earthquakes. The subject property is not located within any Alquist-Priolo or City adopted special study zone. The project would not result in any uses that would cause substantial soil erosion of the site's topography. Once grading and compaction of the site for each single-family home takes place, the project site will be paved and landscaped. Therefore, soil erosion would be minimal and temporary and nature. Since a dust control plan will be developed prior to site preparation or construction activities, the loss of topsoil is not considered significant. There are no known unstable earth conditions associated with the project site based upon review of the Seismic Safety Element of the General Plan. City building ordinances require the proposed project, prior to grading of each lot, to complete geoteclmical evaluation by a qualified professional to analyze subsurface conditions and to provide geoteclmical recommendations for the proposed earthwork, foundation construction, and preliminary pavement design. This geotechmical evaluation will ensure the proposed project is constructed in a geologically safe manner. Therefore, there will be no geologic impacts as a result of the development of this project and the proposed subdivision of the land. The proposed project will also be linked to the surrounding utility system including the municipal sewer system. As a result, the proposed project is not anticipated to result in significant impacts related to septic tank or alternative wastewater disposal. 6.a.ii) LESS THAN SIGNIPICAN IMPACT. No unstable earth conditions or changes in geologic substructures are anticipated to occur with the project from the excavation, grading, and paving that will be needed to constrict each single-family residence. The ground motion impacts on-site are not greater C 3Z- City of Palm Springs Initial Study 11 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact than those expected for the surrounding region. Additionally, any future development of housing on the site will be designed to comply with the Uniform Building Code which mandates seismic requirements for projects located in seismically active regions. Development proposals will not introduce any new impacts, and, as a result, the impacts associated with seismic ground motion are considered to be less than significant. 7. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the public or the environment through the routine transport,use,or ❑ ❑ ❑ ❑X disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ [] release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ Z waste within one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ ❑x result, would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ ❑x hazard for people residing or worsting in the project area? g) Impair implementation of or physically interfere with am adopted emergency response ❑ ❑ ❑ ❑x plan or emergency evacuation plan? It) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ ❑X urbanized areas or where residences are intermixed with wildlands? 7.a-f) NO IMPACT. The proposed site is not known to contain hazardous materials, and of the known sites in Palm Springs, none are located within a two-mile radius of the site. The project site is zoned City of Palm Springs Initial Study 12 of 23 January 31,2605 ' Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact and designated for residential land use, therefore, the proposed project is not anticipated to handle, store, or transport hazardous materials. As a result, the proposed project will result in less than significant impacts related to hazardous materials. The project site is not located within a quarter-mile of an existing or proposed school. The site is also not located within 2 miles of Patin Springs International Airport. Therefore, the proposed project will not expose people on the project site to safety hazards beyond that of other properties in the area. 7.g, h) NO IMPACT. The proposed project would not involve any use that would interfere with the City's emergency operations plan or with major emergency evacuation routes out of the area. With regards to wildland fires, the City's General Plan (Page 111-36) indicates that fire danger is relatively low based upon determinants such as human proximity, vegetative cover, slope, and access. The City's Fire Department has indicated that fire sprinklers are required for the firture single-family residences. hi addition, any plans for development will be reviewed and approved by the Fire Department prior to issuance of building permits. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- ❑ ❑ ❑ ❑x existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a ❑ ❑ ❑ ❑x 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 turnoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ stonnwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ City of Palm Springs Initial Study 13 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard ❑ ❑ ❑ Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ flows? i)Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ ❑ L] including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudlow? ❑ ❑ ❑ 0 8.a-c, e-j) NO IMPACT. Proposed operations on the subject property will require a National Pollutant Discharge Elimination System (NPDES) permit from the California Regional Water Quality Control Board as the site would be considered point-source for storm water runoff due to an increase in impervious surfaces. The NPDES permits regulate general construction activities. Compliance with permit conditions will ensure that there will be no violation of water quality or waste discharge requirements. The entire project site has been identified in the City's General Plan as low density residential. Development on the project site is not anticipated to result in an abnormal draw on local water supplies of resources beyond a small residential development. Therefore, the project will not result in substantial groundwater depletion or interception of any aquifer by cuts or excavations, or substantial loss of groundwater recharge capability. No significant impacts are anticipated. The project site is found on Flood Insurance Rate Map(I MM) Panel 060257 0006D, dated July 7, 1999 for Riverside County. The FIRM designates the site as Zone C. Zone C indicates areas subject to minimal flooding. Due to the nature of the project and its location, the project will not create a change in the course or direction of water movements, the quantity of ground waters, or alter the flow of ground water. Additionally, according to the U.S.G.S. Topographical Quadrangle Map, no natural drainage courses or flood control channels exist on the site. The site is located well north of the Baristo and Tahquitz Creek Flood Control Channels and south of Chino Cone alluvial fan area. The future development of single-family residences will increase the amount of hard surface and will create additional storm water runoff, but due to the small size of the project, it is not anticipated that the amount of surface runoff will cause a negative impact upon surrounding roadways and properties. The nearest dam is the Tachevah Dam located south of the project site. If the Tachevah Dam breeched, flood impacts on the site would be similar to that experienced by surrounding developments. Additionally, the proposed project will undergo plan check review by the City to the satisfaction of the City Engineer. As ,a result, less than significant impacts related to flooding are anticipated with the approval and subsequent operation of the proposed project. 8.b) LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATED. The subject property is vacant slid sporadically covered with native vegetation. Future development of six new homes will increase the amount of hard surface which will result in an increase in the amount of surface runoff However, the project will be required to demonstrate to the satisfaction of the City Engineer as City of Palm Springs Initial Study 14 of 23 January 3 t,W5 3 ' Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact part of the grading plan check process, that surface runoff can be conveyed to an approved drainage carrier. The preliminary hydrology report states that individual lots will be required to retain the incremental increase in runoff, due to development in the 100-year storm. TTM 28668 includes a lettered Lot "B", which is proposed for on-site water retention and includes a 10-foot wide drainage easement that will direct excess runoff from the subdivision downstream. As proposed, the drainage easement does not indicate that the outletting of water will follow the natural downstream drainage course. Therefore, mitigation measures are being recommended in order to reduce this potential impact to a level of insignificance. Mitigation Measures 1. A 20-foot wide sewer and water easement shall be provided within Lot `B" to divert overflow and outletted water in the direction of the natural drainage course, to the satisfaction of the City Engineer. The 20-foot wide drainage easement shall be provided on either APN 505-044-013 or 505-044-014, as determined by the City Engineer, prior to recordation of the final map. 9. LAND USE AND PLANNING - Would the project: a)Physically divide an established community? ❑ ❑ ❑ ❑K b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ l] coastal program, or zoning ordinance) adopted for the propose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural cormnunity ❑ ❑ ❑ 0 conservation plan? 9.a-c) NO E\IPACT. The proposed subdivision of the property into six lots ranging in size from 0.567 acres to 0.9 acres is consistent with the General Plan. The subject property abuts development to the north and east and is approximately 600 feet away from development to the south. The future development of six custom homes is consistent with surrounding development. Therefore, the project will not physically divide an established community. As discussed in Section 4 Biological Resources, the project will not conflict with the Tribal Habitat Conservation Plan or any other conservation plan. 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ ❑x region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site ❑ ❑ ❑ delineated on a local general plan, specific plan or other land use plan? 10.a, b) NO IMPACT. According to the City's General Plan, no mineral deposits of statewide or v6�3Ell City of Palm Springs Initial Study 15 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact regional importance exist in the project area. Therefore, there will be no impact to mineral resources. 11.NOISE—Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ l] local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome ❑ ❑ ❑ noise levels? c) A substantial permanent increase in ambient noise,levels in the project vicinity above levels ❑ ❑ ❑ 0 existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ 0 ❑ levels existing without the project? e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ 0 airport, would the project expose people residing or wonting in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing ❑ ❑ ❑ N or working in the project area to excessive noise levels? I l.a-e, e, f)NO IMPACT. Proposed development on the project site would not be expected to result in exposure of persons to or generation of groundbome vibration or noise levels. No sources of groundbome noise, such as pile driving, are proposed as part of the project. The subject property is currently vacant, therefore, new noise impacts related to normal residential uses are expected. The City of Palm Springs' noise ordinance regulates construction hours, leafblowers, and acceptable noise levels in residential areas based on time of day. Therefore, development on the site will have no impact on permanent ambient noise levels in the area. The project site is not located within an airport land use plan or in the vicinity of any known private airstrips. Therefore, development on the project site would not expose people residing or working in the project area to excessive noise levels. I I.d.) LESS THAN SIGNIFICANT IMPACT. Short-term noise impacts can be anticipated with the grading and construction activities associated with the future development of six single-family homes. The City's noise ordinance regulates construction hours and the maximum acceptable decibel levels based on time of day. Any increase in ambient noise levels will only be temporary in nature and all construction must comply with the noise ordinance. Therefore, there will be a less than significant impact on temporary ambient noise levels as a result of future development of this proposed subdivision. �037 City of Patin Springs hitial Study 16 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 indirectly (for ❑ ❑ ❑ ❑x example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ 19 replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ C] housing elsewhere? 12.a-c) NO IMPACT. The proposed subdivision with its intended future development of six single- family homes is consistent and compatible with the General Plan and the density of the Little Tuscany and other surrounding neighbourhoods. Access to the development will be taken from Rose Avenue, an existing private street, and a 36-foot wide easement across a existing lot. The single-family homes will not induce substantial growth or displace existing housing or people. 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 govennmeztal facilities, the constriction 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? ❑ ❑ ❑ ❑X Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ O Parks? ❑ ❑ ❑ z Other public facilities? ❑ ❑ ❑ 13.a) NO IMPACT. The proposed project is within the City's five minute response time for fire service and within reasonable proximity of the Police station. The project will be adequately serviced by other public services as well, and school fees are required for all new construction to mitigate any potential impacts to schools. The proposed subdivision will also be subject to the parks fee that is intended to off-set any impact that the project may have on parks. Additional street maintenance is not contemplated with the subdivision because the site will be served by a privately maintained driveway. Therefore, the project is not expected to impact public services. City of Palm Springs Initial Study 17 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 14. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ z 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 might have an adverse physical effect on the environment? 14.a, b)NO IMPACT. The project site could have up to six single-family homes. Potential development is not on a scale large enough to significantly increase the demand for use of existing neighbourhood or regional parks such that substantial deterioration of the facility would occur. In addition, the proposed project does not include public recreational facilities and does not require expansion or construction of new recreational facilities as each home would likely have its own yard/recreational space. 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(ix., result in a ❑ ❑ substantial increase in either the munber 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 ❑ ❑ ❑ z county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ 0 change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ 0 intersections) or incompatible uses (e.g., faun equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ 1] 0 Result in inadequate parking capacity? ❑ ❑ ❑ 0 g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g.,bus turnouts,bicycle racks)? 15.a)LESS THAN SIGNIFICANT IMPACT. The future development of the proposed subdivision will create approximately 30 daily 2-way trips or 60 vehicle trips per day, Due to the minimal amount of City of Palm Springs Initial Study 18 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact traffic anticipated to be generated by the proposed subdivision, a traffic study is not warranted. With the overall ADT anticipated with development of the proposed subdivision, all streets in the neighbourhood can still operate at a level of service (LOS)A, which equates to unimpeded traffic flow. The General Plan Street System Element Report indicated that a two-lane surface can carry up to 9600 vehicles per day and still be considered LOS A. The project impacts to the existing vehicular circulation system are considered less than significant and will not cause any additional traffic congestion in the immediate area. Therefore, the subdivision will not cause a substantial increase in traffic. 15.b-g) NO IMPACT. Unsafe ingress and egress will not be created at the intersection of Rose Avenue and Coronado Avenue as a result of the proposed subdivision. Rose Avenue is an existing private street that serves the area directly east of the subject property. Access has been designed to the satisfaction of the Fire Department and will allow for sufficient emergency access and passing movements in emergencies. All future homes will be required to provide two covered parking spaces per the City's zoning ordinance, therefore, the project could not create a parking capacity problem. The proposed project will not create hazards to pedestrians and/or cyclists and will not conflict with adopted policies, plans, or programs supporting alternative transportation. The proposed project will also have no impact on air traffic patterns. 16. UTILITIES AND SERVICE SYSTEMS — Wou1d the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ 9 Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ © ❑ of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ 17 existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies 'available to serve the project from existing entitlements and ❑ ❑ ❑ resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ ❑x projects projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's ❑ ❑ ❑ C] solid waste disposal needs? ( G46 City of Palm Springs Initial Study 19 of 23 January 31,2005 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Comply with federal, state, and local statutes ❑ ❑ ❑ 0 and regulations related to solid waste? 12.a, c-g)NO IMPACT. Due to the small size of the project and future development of the site for six custom homes, there should be no impact to utilities and service systems as a result of this project. 12.b) LESS THAN SIGNIFICANT IMPACT. 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. 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 ❑ ❑ ❑ L] plant or annual community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ ❑x considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable firture projects)? e) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ ❑x human beings, either directly or indirectly? 17.a-c)NO IMPACT. Based on the preceding analysis, the proposed project does not have the potential to degrade the quality of the envirotnnernt, substantially reduce the habitat of 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. As discussed in the respective issue areas, the proposed project would have either no impact or less than significant impacts after mitigation as to all environmental resources. Implementation of the identified project-specific mitigation measures and compliance with applicable codes, ordinances, laws and other City of Palm Springs Initial Study 20 of 23 January 37,20'M 41 Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact required regulations, helps to reduce the magnitude of any impacts associated with the construction activities. Thus, the impacts would not be cumulatively considerable with the incorporation of mitigation measures presented herein. The analysis presented throughout this document identifies potentially significant impacts for some environmental disciplines. Appropriate mitigation measures have been identified and incorporated into the project design to reduce these respective impacts to less than significant impacts. Therefore,project implementation is not anticipated to result in substantial adverse effects on human beings. 18. LISTED BELOW ARE THE MITIGATION MEASURES: 1. Prior to beginning any construction activities,the project proponent of the building contract will develop and submit a dust control plan to the City's Building Department, in accordance with the 2003 Coachella Valley PMIo State huplementation Plan. 2. hi accordance with the Tribal Habitat Conservation Plan for the Agna Caliente Indian Reservation, the applicant shall pay the Valley Floor Conservation Area Mitigation of $800lacre to the Again Caliente Band of Cahuilla Indians Planning Department prior to the issuance of any grading or construction Permits. 3. The applicant shall purchase a minimum of 5 acres in the Snow Creek area as an offset to developing the subject property. Alternate property may be acquired if mutually agreed upon by the City and the Fish and Wildlife Service or funds equal to the cost of the Snow Creek property should be deposited with the City's Open Space Acquisition Fund for future acquisition of open space lands either by the City or another entity. 4. If blasting is determined to be a necessary part of the excavation operation for any of the future residences on the property, the timing of such a procedure shall be planned with the assistance of a biologist. If the biologist determines that the location and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impact will be negligible. A biological monitor may be also be necessary prior to and during blasting events to halt blasting immediately if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and would conduct visual surveillance before and during blasting. 5. Any additional landscaping or landscaping alteration outside of fenced areas shall consist of plant species that are native to the immediate area. No additional oleanders shall be planted on-site, as they have been implicated in PBS deaths through poisoning. If bighorn sheep numbers again increase in the future, they should not have any toxic plants in their environment. 6. The final design of any perimeter fencing or walls shall be carefully reviewed by the Department of Planning and Building as part of the Architectural Review process for each residence within the subdivision. The fencing shall be of a height, located and designed as to not create a "trap" for PBS that could potentially wander to the fringe of the subdivision. 7. The developer of each single-family residence shall construct a six (6) foot high decorative fence or wall around the north, west, and south project perimeter to create a barrier between the project and undeveloped properties. In the event there is evidence that bighorn sheep are entering the subject property the City may require each homeowner to increase perimeter fence and/or wall height to eight (8) (OG42, City of Pahn Springs Initial Study 21 of 23 January 31,2005 Jan-31-2005 05:0110m From-WA Consulting Inc T30 323T333 T_W P.002/002 F-205 feet or more, The fence or wall shall be increased in height within one year upon written notice by the Director of Planning Services, This mitigation measure shall be incorporated into the project CC&Rs. S. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies, 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities,and/or any construction related excavation, an Archaeologist qualified aecording 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. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 11. One copy 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. 12. A 20-foot wide sewer and water easement shall be provided within Lot"B"to divert overflow and outletied water in the direction of the natural drainage course, to the satisfaction of the City Engineer. The 20-foot wide drainage easement shall be provided on either APN 505-044-013 or 505-044-014, as determined by the City Engineer, prior to recordation of the final map. 1 agree to implement the above mitigation measures 5 3 � L ras Project ebponent's Signature Da City of Palm Springs Initial Study 22 of 23 January 31.2005 19. PERSON(S)WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Jing Yeo, Principal Planner Gary Wayne, Interim Director of Planning Services DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been 9 added or revisions in the project have been made by or agreed to by the project proponent prior to 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 0 adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. r f Gary Wayne Date/ Interim Director f tanning Services (10 1144 City of Palm Springs Initial Study 23 of 23 January 31,2005 »....J .. , ,... Jing Yeo Principal Planner Department of Strategic Planning City of Pahn Springs 3200 E.Tahquitz Canyon Way Pahn Springs,CA 92262 Re: Initial Study of TTM 28668 Dear Jing: I have read the City's Initial Study that evaluates Tentative Tract Map 28668. This IS is insufficient. Many items are shown as"no impact"when this is clearly not the case. The following are my comments: --The study slates that neither Air Quality nor Noise Studies are required. Certainly since the original MND was adopted on October 18,2000 we have learned a great deal about what it takes to develop residential properties in the boulder fields that make up the Little Tuscany and Chino Canyon neighborhoods. We now know,for example, that the use of trucking out the boulders is immitigable due to PMIO. Asa result,rock crushers have become the tool of the day. Unfortunately,the noise and air quality as a result of crushing has become a huge issue for the surrounding, existing neighborhoods. Therefore,an air quality study and noise study should be mandatory. --Under"Environmental Factors Potentially Affected"/"Evaluation of Environmental Impacts",the City finds no environmental factor with a"Potentially Significant Impact". Again,in light of the information revealed during the course of objection to both Crescendo and The Boulders housing developments,we know this not to be true of the following: --Aesthetics: Whether or not homes are being built as part of this application, permission is being sought to allow the building of 6 homes. The development of these homes,in the absence of clear City criteria,may in fact have a potentially significant impact on a scenic vista to the existing geography and from the existing homes behind and above the proposed development. The City must require that building heights of any future building not exceed 18' from the proposed pad elevations. --Air Quality: Once again,the City is considering this project as a stand-alone,while it knows quite well that within a six-block radius there are currently under construction 2 homes on Rose Ave.directly to the east of the subject property,6 homes at Royal Desert Palms Court,9 homes at Las Palmas Heights and the proposed 46 homes of The Boulders. How the City can sign onto a document that ignores the cumulative increase of any criteria pollutant is to surrender the City's role of protection and concern for its citizens. ---Mitigation Measures: --It appears a bribe of$800.00 per acre and the purchase of a minimum of 5 acres in the Snow Creek area is enough to satisfy the City. This is most inequitable,as the Snow Creek area is an underdeveloped,seldom accessed,remote area,while the subject property is in the alluvial fan of the Chino Canyon Cone,a more sensitive environment. --The IS suggests that"blasting(may be)determined to be necessary as part of the excavation..." and that a biologist's presence would be a mitigation factor! Blasting is absolutely, 100% unacceptable to the neighbors,and should be unacceptable to the City. Again,for the City to endorse such a concept is a total dereliction of duty and responsibility. Cont'd. � 4 Page Two --The creation of a lettered Lot"B",proposed for,on-site water retention,is apparently not enough, as the IS states,"As proposed,the drainage easement does not indicate that the outletting of water will follow the natural downstream drainage course. Therefore,mitigation measures are being recommended in order to reduce this potential impact to a level of insignificance."Yet,the City finds this impact"Less Than Significant...with Mitigation Incorporated",even though the mitigation measures are deferred to the discretion of the City Engineer. Mitigation should be defined prior to approval and not deferred. --Noise: The IS finds"No Impact"for all but one criteria, and finds"Less Than Significant Impact'for"temporary or periodic increase in ambient noise levels...". How can the City determine this without a Noise Study,which the IS states is not needed? Additionally,the example set by almost 9 months of excessive grading noise for the 9 homes at Las Palmas Heights demonstrates that there will be significant impact. —Mandatory Findings of Significance: The cumulative impact, as discussed earlier,has been completely overlooked. This is just one of many current and future projects,some already underway, others working quickly through the system. The IS must at least disclose other known projects before it automatically dismisses the potential for impact. The City must stop acting as if each project exists in a vacuum,and must start considering the cumulative impact upon the hillsides and the overall quality of life for its Citizens. For all of these reasons,the City should not be recommending approval of this project with an MND. Rather, a mandatory full EIR should be required for all hillside development Additionally,the City should establish clear guidelines for developers and landowners which address the above issues as well as requiring"story poles". Sincerely, Andrew Z.Linsky 1019 W. Cielo Dr. Palm Springs, CA 92262 TTM 28668 Response to Comments—Andrew Z. Linsky Page 1 RESPONSE TO COMMENTS FROM MR. ANDREW Z. LINSKY DATED FEBRUARY 23, 2005 The commenter notes that Air Quality and Noise Studies should be mandatory for the proposed project. The studies were not required because no grading activities are proposed at this time as the proposed project is only for the subdivision of land. The Initial Study discloses that there may be potential impacts to noise and air quality in the future and provides mitigation measures for such future impacts, however, it is speculative to require air and noise studies for future development that is not known at this time. At the time that any grading or construction activities are to occur, Section 15162 and 15164 of the California Environmental Quality Act (CEQA) provide for circumstances where additional environmental review will be necessary, The commenter notes that the cumulative increase of any criteria pollutant has been ignored in the air quality analysis. However, as discussed above, the conclusion of"no impact" was based upon the fact that the project is only for the subdivision of land. Potential short-term impacts related to future grading and construction activities have been disclosed in the document. The 1993 General Plan Update acknowledged that implementation of the General Plan would result in exceedances of the SCAQMD significance criteria for all pollutants on a short and long-term basis. This project is consistent with the City's General Plan, which was adopted by the City Council in 1993 with a Statement of Overriding Considerations for air quality. In addition, future construction activities will also comply with the local air quality management plan and therefore, individual and cumulative impacts of the project with respect to air quality have been addressed. The commenter notes that the City must require that building heights of any future building not exceed 18' from the proposed pad elevations. The proposed project is located in a hillside area and therefore, all future residences are subject to architectural review pursuant to Sections 94.04.04 and 93.13.00 of the Zoning Ordinance, which considers design features such as rock and soil exposure, size of building pads, screening of parking areas, landscaping plans, continuity with surrounding development, and sensitivity to existing view corridors. In addition, future hillside residences may also be subject to additional environmental review, permits, and public hearings depending on the circumstances and proposed design. The commenter notes that the biological mitigation related to potential blasting on-site is inappropriate. This mitigation measure was recommended by the project biologist should any blasting occur and only considered potential impacts to sheep. At this time, the applicant anticipates that most boulders will be kept on site for landscaping purposes or will be incorporated into building design. However, as stated above, should circumstances change, additional environmental review is required pursuant to Section 15162 of CEQA. The commenter notes that the mitigation measures related to potential impacts to biological resources is inadequate. The mitigation measures for potential impacts to Peninsular Bighorn Sheep and loss of open space were recommended by the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the Agua Caliente Band of Cahuilla Indians Tribal Planning staff. The $8001acre mitigation fee is derived from the Agua Caliente Tribal Habitat Conservation Plan, which covers the proposed project and is intended to mitigate for all impacts to biological resources as a result of this project. The commenter notes that the mitigation measures for hydrology have been deferred. The City respectfully disagrees with the commenter that mitigation has been deferred. The mitigation t0C 4 TTM 28668 Response to Comments—Andrew Z. Linsky Page 1 measure identifies the potential impact created by the project and the measures that will be taken to mitigate the impact including timing and responsibility. The applicant is required to acquire an easement across adjacent properties to the east for sewer and drainage purposes. The easement shall be acquired prior to recordation of the final map. If the applicant is not able to acquire the off-site drainage easement, the alternative is that the on-site retention basin is required to be increased in size as necessary to accommodate the entire 100-year stormwater runoff. As such, Mr. Linsky's comments have been addressed. t2Qa•��, RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28668 TO SUBDIVIDE 4.48 GROSS ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS LOCATED WEST OF ROSE AVENUE AND NORTH OF STEVENS ROAD, ZONE R-1-A, SECTION 10. WHEREAS, on October 18, 2000, the City Council voted to adopt a mitigated negative declaration and approve Tentative Tract Map 28668; and WHEREAS, on July 31, 2002, the City Council voted to extend Tentative Tract Map 28668 for one year to October 18, 2003; and WHEREAS, Tentative Tract Map 28668 expired on December 17, 2003; and WHEREAS, Edith Armstrong Toor (the "applicant') submitted a new application for Tentative Tract Map 28668 for the subdivision of 4.48 gross acres of land into six single-family residential lots located west of Rose Avenue and north of Stevens Road, Zone R-1-A, Secion 10 (the "Project'); and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 28668, was given in accordance with applicable law; and WHEREAS, on March 9, 2005, a public hearing on the application for TTM 28668 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 28668, was given in accordance with applicable law; and WHEREAS, on March 16, 2005, a public hearing on the application for TTM 28668 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has independently considered the effect of the proposed subdivision, Tentative Tract Map 28668, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); and dJ60S WHEREAS, pursuant to Section 15162 of CEQA, a subsequent mitigated negative declaration has been prepared for this project in order to address the changed circumstances of the project and new mitigation measures with respect to cultural resources and biology; and WHEREAS, the subsequent mitigated negative declaration has been distributed for public review and comment in accordance with Section 15072 of CEQA 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, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), a subsequent Mitigated Negative Declaration has been prepared for this project. A mitigated negative declaration (MND) was adopted by the City Council on October 18, 2000. However, information in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation measures with respect to biological resources and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of CEQA, the preparation of a subsequent mitigated negative declaration was necessary. The City Council finds that the current environmental assessment for TTM 28668 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The City Council further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgement and analysis. Section 2: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies, and federal land use provided in the City's local open space plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed subdivision map is consistent with the density, goals, and policies and objectives for low density residential development established within the General Plan. b. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Fl c CC Pursuant to Government Code Section 66473.5 the City Council 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 are subject to the standards of the General Plan and Conditions of Approval associated with TTM 28668. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The subject property is currently vacant and located in a hillside area. The development standards for R-1-A zone require a minimum lot size of 20,000 square feet (approximately 0.46 acres) with a minimum width of 130-140 feet and minimum depth of 120 feet. The proposed subdivision is located on 4.48 gross acres of land with lot sizes ranging from 0.567 acres to 0.9 acres. All lots meet the minimum width and depth requirements of the R-1-A zone. The subject property is designated L2 on the General Plan, which allows for low-density residential development of 2 units/acre. The proposed subdivision has a density of approximately 1.33 units/acre and is therefore, consistent with the L2 designation of the property. The proposed subdivision is also surrounded by single-family residential development of similar size and density to the north, east, and south. Therefore, the site is physically suitable for the type and density of development contemplated by the proposed subdivision. d. The design of the proposed subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. An environmental assessment has been prepared to analyze the potential impact of the proposed subdivision and associated improvements and it was determined that with the recommended mitigation measures incorporated by reference into the Conditions of Approval, the subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision has been designed to minimize potential safety issues by allowing for a vehicular access of appropriate width and grades, with passing and turnaround capabilities for emergency vehicles, as well as an on-site retention area capable of retaining excess runoff associated with the future development of the subdivision. The design of the subdivision and proposed improvements must follow 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. f. 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 project will not conflict with public easements or the existing traffic flow adjacent to the property on all surrounding streets or access to utilities required to serve the subdivision and the immediate area. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders the filing of a Mitigated Negative Declaration and approves Tentative Tract Map 28668, subject to those conditions set forth in the attached Exhibit A. ADOPTED THIS_day of 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: C, f 01008 EXHIBIT A Tentative Tract Map 28668 West of Rose Avenue at Coronado Avenue March 16, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map 28668. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. C C U0®9 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 5. 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. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply and incorporated into these conditions by reference. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Public Safety CFD 9. The project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services. Accordingly, the City may determine to form a Community Services District under authority of Ord. 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 or protect, 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 the sale of any lots or a covenant agreement shall be recorded against each parcel. UGJ_U Final Design 10. Future development of the subdivision shall conform to the development standards of the R-1-A zone, Section 92.01.00; Hillsides, Section 93.13.00; and Architectural Review, Section 94.04.00 of the Zoning Ordinance. 11. Grading of individual lots and/or pads is not permitted in conjunction with this subdivision. Grading associated with each individual lot within the subdivision and future residences thereon are subject to the architectural review process specified in Section 94.04.00 of the Palm Springs Zoning Ordinance. 12. If possible, the ultimate street width of the private street serving the subdivision shall be reduced to the satisfaction of the Fire Marshal, the City Engineer, and the Director of Planning Services. 13, The developer of each single-family residence shall construct a six (6) foot high decorative fence or wall around the north, west, and south project perimeter to create a barrier between the project and undeveloped properties. In the event there is evidence that bighorn sheep are entering the subject property the City may require each homeowner to increase perimeter fence and/or wall height to eight (8) feet or more. The fence or wall shall be increased in height within one year upon written notice by the Director of Planning Services. GENERAL CONDITIONS/CODE REQUIREMENTS 14. 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. 15. 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. POLICE DEPARTMENT 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Construction shall be in accordance with the current following codes. California Fire Code, California Building code, National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements, NFPA 13D (Modified), Urban Wildland Interface Code plus UL and CSFM listings and approvals. 2. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) uGli 3. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 4. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 5. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC) 6. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 7. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 8. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8,04.260 PSMC) 9. Waiter Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24 1995 edition) 10. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 11. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. This includes any accessory buildings, regardless of size. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans as soon U012 as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. 12. Further comments to follow upon a detailed submittal of plans. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ROSE AVENUE (PRIVATE STREET) 2. Remove the existing curb and gutter and construct a new 33 feet wide driveway approach for extension of the on-site private street to Rose Avenue, in accordance with City of Palm Springs Standard Drawing No. 210. PRIVATE STREET (LOT"A") 3. Dedicate an easement for public utility purposes, with the right of ingress and egress of service and emergency vehicles and personnel over the on-site private street. If the on- site sewer system is publicly maintained, an easement for sewer purposes shall be dedicated over the private street. 4. Dedicate an easement 36 feet wide for public utility purposes, with the right of ingress and egress of service and emergency vehicles and personnel over Lot 8 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505- 044-016 as necessary to extend the on-site private street to Rose Avenue. The dedication shall be recorded prior to approval of a final map. If the on-site sewer system is publicly maintained, an easement for sewer purposes shall be dedicated over Lot 8 (if necessary). 5. 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 construction permits. 6. Construct a 6 inch wedge curb and gutter located 16.5 feet from centerline on both sides of street along the entire frontage, extending across the property identified by Assessor's Parcel Number 505-044-016 to Rose Avenue. 7. The on-site private cul-de-sac shall be constructed with a minimum curb radius of 43 feet, and in accordance with City of Palm Springs Standard Drawing No. 102. The Tentative Tract Map shall be revised to reflect the minimum curb radius and a new property line radius behind the curb. 8. Construct a minimum pavement section of 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% F r U013 relative compaction, or equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage to the back of the driveway approach at the intersection of Rose Avenue 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. SANITARY SEWER 9. All sanitary facilities shall be connected to the public sewer system. Sewer laterals shall not be connected at manholes. 10. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 11. Construct an 8 inch sewer main within the on-site private street and connect to the existing public sewer system. If the on-site sewer system is privately maintained, the connection to the public sewer system shall be made using an 8 inch lateral connection to the public sewer main, and not into an existing manhole or with a new manhole. If the on-site sewer system is proposed to be publicly maintained, the connection to the public sewer system shall be made with a new manhole. 12. The on-site private sewer system will require construction of an on-site private sewer lift station and force main to provide service to the existing public sewer system in Rose Avenue, unless acquisition of an easement for sanitary sewer purposes is acquired over Lot 5 or Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013 or 505-044-014. If the on-site sewer system is proposed to be publicly maintained, a minimum 20 feet wide sewer easement shall be dedicated to the City of Palm Springs across either the northerly portion of Lot 5 or the southerly portion of Lot 6. The applicant shall submit a draft sewer easement dedication to be reviewed and approved by the City Engineer. The dedication shall be recorded prior to approval of sewer improvement plans or a final map. 13. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this project, unless as provided for below in Condition #14. 14. If the on-site sewer system is constructed in a manner using standard gravity line sewer mains and not requiring construction of an on-site sewer lift station and force main, the on-site sewer system may be publicly maintained by the City subject to the approval of the City Engineer. Acceptance of the on-site sewer system for public maintenance shall be subject to the following provisions: a. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. b. The off-site sewer easement over Lot 5 or Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013 or 505-044-014, shall have a minimum width of 20 feet, and shall be dedicated as necessary to implement the on-site sanitary sewer system. The applicant shall be required to obtain the off-site sewer easement with restrictions that the easement be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the sewer system within the easement. Construction of permanent structures, patios, swimming pools and equipment, concrete and patio decks, shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Installation of boulders within the easement shall not be allowed. The off-site sewer easement shall not be located within cut or fill slope conditions. No sewer manholes shall be constructed within the off-site sewer easement. C. Provisions for maintenance of the off-site public sewer easement, acceptable to the City Engineer, shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this development. If the existing Rose Avenue CC&R's are used for this development, the CC&R's shall be amended to address the requirements related to the public sewer easement to be dedicated over Lot 5 or Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013 or 505-044-014. Notice shall be clearly included in the CC&R's defining the restrictions of development within the off-site public sewer easement, advising the property owners of the City's right to enter the property, clear and remove any and all obstructions within the off-site sewer easement, and give the City right to charge all costs incurred in enforcing this provision to the Homeowners Association. The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind any landscaping or other improvements within the off-site sewer easement in the event repair or replacement of the sewer system is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. GRADING 15. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the 4) IS 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 16. Drainage swales shall be provided adjacent to all curbs to keep nuisance water from entering the adjacent streets, roadways, or gutters. 17. 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. 18. 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. 19. 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. 20. 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 21. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and ztaQ 1E� other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 22. As may be identified in the hydrology study to be prepared for this development, a private drainage easement shall be reserved across the southerly portion of Lot 2 or the northerly portion of Lot 3, as necessary to accept and convey stormwater runoff generated off-site and to the west of the property. The easement shall be reserved for the benefit of the applicant, and as necessary to accept and convey the runoff to the on- site private street and to the on-site retention basin proposed for the development. 23. The proposed retention basin shown on the Tentative Tract Map shall have a secondary overflow outlet into an off-site private drainage easement. The applicant shall be responsible for obtaining an off-site easement for drainage purposes over Lot 5 or Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013 or 505-044-014. The private drainage easement may be coincident with the off-site sewer easement, if acquired. The private off-site drainage easement shall be recorded prior to approval of a grading plan or a final map. 24. In the event the off-site drainage easement is not acquired, the on-site retention basin shall be increased in size as necessary to accommodate the entire 100-year stormwater runoff(existing and proposed), as required by the City Engineer. 25. Provisions for maintenance of the on-site and off-site drainage easements, acceptable to the City Engineer, shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this development. If the existing Rose Avenue CC&R's are used for this development, the CC&R's shall be amended to address maintenance requirements related to the off-site draiange easement to be dedicated over Lot 5 or Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013 or 505-044-014. The Homeowners Association shall be responsible for maintaining all private drainage easements and the on-site retention basin. 26. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 27. 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. 28. All proposed utility lines shall be installed underground. 29. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 30. 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 uC17 modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 31. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 32. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. MAP 33. 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. 34. Easements for flood control and drainage purposes shall be reserved across Lot B to be used as a retention basin, limiting the use of the property for flood control and drainage purposes in perpetuity, and restricting any and all encroachments, construction or improvements therein. Provisions for maintenance of the flood control retention basin shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. 35. Any off-site dedications or easements shall be acquired and recorded prior to approval of a final map. TRAFFIC 36. A 30 inch stop sign (and standard stop bar and legend) shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the southwest corner of the intersection of the on-site private street and Rose Avenue, controlling egressing vehicles from the development. 37. 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. 38. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.