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HomeMy WebLinkAbout1/5/2005 - STAFF REPORTS (21) DATE: January 5, 2005 TO: City Council FROM: Director of Planning Services CASE NO. 5.0996 PD-294 TTM 31766 - APPLICATION BY WESSMAN DEVELOPMENT FOR, A PRELIMINARY PLANNED DEVELOPMENT DISTRICT (NO. 294) FOR RESIDENTIAL DEVELOPMENT AND TENTATIVE TRACT MAP 31766 TO SUBDIVIDE 42.2 ACRES INTO 79 LOTS AND CONSTRUCT 79 SINGLE-FAMILY RESIDENCES AND THE VACATION OF THE WESTERLY 23 FEET OF VISTA GRANDE AVENUE, LOCATED ON WEST RACQUET CLUB DRIVE, EAST OF VISTA GRANDE AVENUE AND SOUTH OF TRAMWAY ROAD, ZONE R-1- A, SECTION 3, APN # 594040046. RECOMMENDATION: The Planning Commission recommend that the City Council approve: 1) Planned Development District-294 for the construction of 79 single-family residential units with associated on and off- site improvements; 2) Revised Tentative Tract Map 31766 (dated December 15, 2004); 3) The vacation of the westernmost 23 feet of Vista Grande Avenue; and 4) adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program. SUMMARY: One December 22, 2004, the Planning Commission voted 5 — 1, with one member absent, to approve the project. The public hearing had been continued from December 8, 2004. Wessman Development has proposed the Crescendo project as a Preliminary Planned Development District. An Initial Study and Draft Mitigated Negative Declaration were prepared by the City of Palm Springs, and are incorporated by reference. The project has two entrances which take access from West Racquet Club Drive and a new third entry from Girasol. Recreational amenities include a pedestrian trail approximately 4,900' in length that will be maintained as permanent open space by the homeowners association. Overall density is 1.9 units per acre, which is less than the maximum allowed density of 2.0 units per acre. Within the project, the applicant proposes to subdivide approximately 42 acres into 79 residential lots and additional lettered lots for associated site improvements. The project is proposed as a Planned Development District (PDD) with an associated Tract Map (TM 31766). The PDD includes modified minimum lot sizes for residential lots ranging in size from 15,000 square feet to 54,500 square feet. The underlying zoning designation is the R-1-A single-family residential zone, which requires a minimum lot size of 20,000 square feet. Surrounding adjacent lot sizes range from 9,455 square feet to 20,000 square feet in area. The General Plan designation for the project site is L-2 Low- Density Residential which allows two dwelling units per acre to accommodate various types of low density residential development, including large estate lots and traditional single-family homes. An Initial Study and Mitigated Negative Declaration (MND) have been prepared for the project and circulated to responsible agencies and the public. 5.0996-PD-274, TTM 31766 Crescendo Project January 5, 2005 Page 2 BACKGROUND: This project was continued by the Planning Commission from its December 8, 2004 meeting to its December 22, 2004 meeting. On December 8, 2004, the Planning Commission directed the applicant to restudy several facets of the project including: • Subdivision design, terracing of pads and grading; • Building heights; and • Circulation and connectivity to adjacent roadways. On December 15, 2004, the applicant submitted a revised map with the intent of addressing some of the Planning Commission's concerns. Staff has reviewed the revisions and they appear to address some of the Planning Commission's concerns. Grading and Terraced pads: The project site slopes from west to east and from south to north. The applicant has redesigned the map and grading program to reduce the terracing and benching effect. The revised grading program would create tiered, multi-level building pads. The applicant has redesigned the grading to increase the number of slopes, while reducing the height of the slopes, this serves to distribute grade changes more evenly through the project. A side effect of the revised grading program is that rear yard setbacks would be increased to a minimum of 15 feet, which complies with the R-1-A zone rear yard setback provisions. A complete summary of the impacts of the revision is attached as the Summary of Changes to the Site Plan and TTM 31766. The City Council should be aware that acceptance and approval of the minor pad elevation differences (24-32 inches) as multi-level pads could establish a precedent for future consideration of pad elevations and building heights in the hillside areas. Building Heights: Relative to the creation of multi-level pads, the applicant proposes to redesign the residences to step the building pads 24" to 32". This would have the effect of creating steps between the garages and the main residences. Where casitas are proposed in front yards, the casitas would be at the same pad elevation as the garages. The applicant contends that because the building pads have been redesigned with multi-levels, the project now complies with General Plan Policy 3.4.3, which allows building heights to exceed 18' in hillside areas. No other changes to the building height or mass are proposed. The proposed residences are 20' in elevation. Some units are available with optional guest suites, which feature 500 square feet of habitable living space, and have 26' tall elevations. Because the proposed second story mass is limited in area, staff is comfortable that approval of the project architecture creates visual interest, increases the number of proposed elevations, yet does not establish a precedent for the mass of full two-story residences on pads with minimal grade changes. Circulation and Roadway Connectivity: Following direction provided by the Planning Commission, the applicant redesigned the project circulation to provide a third access point at Girasol Road. This would intersect the project at the northeast corner of the site. As of the writing of this report, the Fire Department and Engineering have not had the opportunity to fully review the proposed redesign. As a result, minor changes to the draft conditions of approval may be distributed at the public hearing. However, the project's Traffic Engineer (George Dunn Engineering) has reviewed the circulation changes and notes that the secondary access point is not likely to generate "significant volumes" of traffic. CEQA: An Initial Study and Mitigated Negative Declaration were prepared for this project. Public comments were received on this project. Key issues of concern included adequacy of the Initial Study, grading and terracing of pads, building height, rock crushing, noise and traffic. A written summary summarizing key public comment and responding to those comments has been prepared by Paul DePalatis, the environmental consultant to the City on this project, and is included herein for your review. Following the December 8, 2004 public hearing, the applicant redesigned the project to address some of the issues raised by the Planning Commission. Staff has determined that the changes to the subdivision design and the PDD as described in this report do not create any new significant environmental effects, nor do they increase the severity of impacts previously identified, nor do they require modifications to mitigation measures added to the project. Therefore, the changes are within the scope of the Initial Study and Draft Mitigated Negative Declaration. l Di ctor of Planning Sere es City Manager — ATTACHMENTS 1. Vicinity Map 2. Initial Study and Mitigated Negative Declaration (Provided under separate cover) 1 Planning Commission staff reports, December 8, 2004, December 22, 2004 4. Revised Tentative Tract Map and Preliminary Grading Plan 5. Written Summary of Changes to Site Plan and Grading 6. Supplemental Traffic Analysis, George Dunn Engineering, December 10, 2004 7. Summary of Key Public Comments with Responses, Paul DePalatis 8. Resolution and Conditions of Approval AM y SAN RAFAEL DRIVE A 9`- O �b ��PypOP s90 09y1y FRANCIS DRIVE 0�9G LLy RACQUET CLUB AD PROJECT, Q 3 0 SITE a VISTACHINO °' u i TACHEVAH IDS TAMARISKROAD 00 yF ALEJO ROAD O 9Gf P� PZ AMADO ROAD 2 o P SPRING REGIONAL O TAHQUITZCANYONV(AY = AIRPORT U W U w m w DARISTO ROAD U l V RAMON ROAD O SUNNY DUNES ROAD O O SUNNY DUNES ROAD ¢ 0 MESQUITEAVENUE w MESQUITE AVENUE O V SONORA ROAD ESCOSADRIVE uj 1 �P a Jm J�OE fASTRq<M w a� o ANY 0 O o 0 a z 0 a a a o I W 0 o w Vicinity Map t "CRESCENDO" (TTM 31766) INITIAL STUDY NOT TO SCALE N DePalatis Associates EXHIBIT 2 PLANNING&ENVIRONMENTAL SERVICES k� No 05,17 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CITY COUNCIL CffY OF PALM SPRINGS CASE NO 5 0996 PD-294, Tl'M 31766 ASSESSORS PARCEL 1f 504-040-046 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, Calrb mia, will hold a pup lie hearing at its meeting of January 5, 2005. The City Council meeting beggins at 7:00 pp m„ In the Cfty,Council Chamber at City Hall, 3200 E. Tahyuitz Canyon Way, Palm Spnngs, California. The purpose of the hearing is to consider an ap, pllcaLon by Wessman Development for the Cre- scendo project, l'he application includes the fol- lowing element,- r It Zone Change-In abler to provide zoning which PROOFOF PUBLICATION J conforms to the design reflected on Tentative size f PUBLICATION 1� TI Tract Map 31766 ((including a rrimimum lot size of 15,000 square feet),'a zone change application is (20I5.5.C.C.P) equired. the proposed project requires a change 1 or the current zoning fiam R-1-A to PD No.,294 ,(Planned Development District), Tentative Tract Map - The project applicant is equesung the approval of Tentative Tract Map No 3176b. it Pielimtnary Planned Development District No. 294 -The project applicant Is requesting the ap- proval of a Preliminary Planned Development Dis- trict wimplement the proposed PD zoning. STATE OF CALIFORNIA II R[gIN-of-Way Vacation-The project applicant is toluesting the vacation of the westerly 23 feet of County of Riverside -tile Vista Grande Avenue tight-of-way. The proposed project involves the development of 79 single-family Iesldential lots on approximately 42.2-w,ms In north Palm Springs Cdy approval of a tentative fact map (to subdivide the property), a change of zone from R-1-A to PD(to allow min- t'mum lot sizes of 15,000 sgUa e feet,minimm u in- oner lot width of 100 feet, minimum cul-de-sac and local street front setback of 10 feet, minimum [am a citizen of the United States and a resident of cannot lot roar setback of 10 feet),anti reliminary the County aforesaid,I am over the age of eighteen planned development d[atnar(to implement the g g PD zone) and the vacation of the westerly 23 feet years,and not a party to or interested in the of Vista Grande Avenue are required. The project Is located at 1000 West Racquet Club Drive, above-entitled Mattel'.I am the principal clerk of a Eaufh of I manway Road and west of Vista Grande printer of the,DESERT SUN PUBLISHING Flvenua, zone R-1-A, Section 3. COMPANY a newspaper of general circulation, fni_yfti �-y- 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 I Superior Conrt of the County of Riverside,State of California 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 �����= than ion piriel,has been published in each regular ItE and entire issue of said newspaper and not in any = i-E t supplement thereof on the fallowing dates,to wit: r PPLM RPRINGS December 10"' ------------------------------------------------------ The City has repared an Initial Study,f p Mitigated Negative Declaration and Mitigation Monitoring Program. Nlliigatlon measures addressing Aes- ---""""""----------------- -- thetics,Air Ouah'ty, Land Use and Planning, Noise All in the year 2004 and U1111Z Service Systems are included A copy of the Initial Study and proposed BIND can be re- I certify(or declare)under penalty of perjury that the viewed or obtained from the City of Palm Springs foregoing is tree and correct. at the address below, . The, proposed application, site pplan, and related documents are avallahle for the review daily, Dat�tY all m j rings,California this-----15°i----day between 6 he and 5 pm of Pia Gig e Palm located et 31200 TohgtiutznCanyonaWay Services, f-------- Decent el------------------------------2004 If an individual or group challenges the action in court, Issues raised may be limited to only those d issues raised at the public hearing described in ate this notice of in will correspondence at of pri- or to the City Council meeting. Notice of Public ------,.------------------ ---— ------------------------- I-lacing Is being sent to all property owners with- n four hundred ('100)feet of the subject property SIg1IDLUre At apporturnly will ba gluon at Inject for all interested persons to be heard. Questions re- gardin this case may be directed to Alex Meyer- hoff, f�rmorpal Planner, Department of Planning Services, (760) 323-a245. SI necesda ayuda can csta carts,porfavor[lame a n Ciudad de Palm Springs X guess hablar con Nadine Preger(760) 323-636—. Kathie Hart Acting City Clerk PUB. December'10, 2004 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with TTM 31766, Case No. 5.0996, PD-294, application by Wessman Development for the Crescendo project, located at 1000 West Racquet Club Drive, south of Tramway Road and West of Vista Grande Avenue, Zone R-1-A, Section 3, to each and every person set forth on the attached list on the 9th day of December, 2004. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 9th day of December, 2004. KATHIE HART Acting City Clerk NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0996 PD-294, TTM 31766 ASSESSORS PARCEL#504-040-046 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 5, 2005. The City Council meeting begins at 7:00 p.m., in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application by Wessman Development for the Crescendo project. The application includes the following elements: ■ Zone Change - In order to provide zoning which conforms to the design reflected on Tentative Tract Map 31766 (including a minimum lot size of 15,000 square feet), a zone change application is required. The proposed project requires a change of the current zoning from R-1-A to PD No. 294 (Planned Development District). ■ Tentative Tract Map -The project applicant is requesting the approval of Tentative Tract Map No. 31766. ■ Preliminary Planned Development District No. 294 - The project applicant is requesting the approval of a Preliminary Planned Development District to implement the proposed PD zoning. ■ Right-of-Way Vacation - The project applicant is requesting the vacation of the westerly 23 feet of the Vista Grande Avenue right-of-way. The proposed project involves the development of 79 single-family residential lots on approximately 42.2-acres in north Palm Springs. City approval of a tentative tract map (to subdivide the property), a change of zone from R-1-A to PD (to allow minimum lot sizes of 15,000 square feet, minimum interior lot width of 100 feet, minimum cul-de-sac and local street front setback of 10 feet, minimum corner lot side setback of 12 feet and minimum interior lot rear setback of 10 feet), a preliminary planned development district (to implement the PD zone) and the vacation of the westerly 23 feet of Vista Grande Avenue are required. The project is located at 1000 West Racquet Club Drive, south of Tramway Road and west of Vista Grande Avenue, Zone R-1-A, Section 3. The City has prepared an Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program. Mitigation measures addressing Aesthetics, Air Quality, Land Use and Planning, Noise and Utility/ Service Systems are included. A copy of the Initial Study and proposed MIND can be reviewed or obtained from the City of Palm Springs at the address below. The proposed application, site plan, and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Department of Planning Services, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning Services, (760)323-8245. Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. Kathie Hart Acting City Clerk ■'=111111 �� °� � �� SPRINGSCITY OF PALM CASE NO.: 1996 -D •4 TTM 31766 DESCRIPTION: Application forpreliminary familyThe Crescendo Project planned development district and a tentative trac map to construct 79 single 94 1 1 14. . • - Section APPLICANT:" Development DATE: December 8, 2004 TO: Planning Commission FROM: Director of Planning Services CASE NO. 5.0996 PD-294 TTM 31766 - APPLICATION BY WESSMAN DEVELOPMENT FOR, A PRELIMINARY PLANNED DEVELOPMENT DISTRICT (NO. 294) FOR RESIDENTIAL DEVELOPMENT AND TENTATIVE TRACT MAP 31766 TO SUBDIVIDE 42.2 ACRES INTO 79 LOTS AND CONSTRUCT 79 SINGLE-FAMILY RESIDENCES AND THE VACATION OF THE WESTERLY 23 FEET OF VISTA GRANDE AVENUE, LOCATED ON WEST RACQUET CLUB DRIVE, EAST OF VISTA GRANDE AVENUE AND SOUTH OF TRAMWAY ROAD, ZONE R-1- A, SECTION 3, APN # 594040046. RECOMMENDATION: That the Planning Commission recommend approval to City Council for: 1) Planned Development District-294 for the construction of 79 single-family residential units with associated on and off-site improvements; 2) Tentative Tract Map 31766; 3) approval of the vacation of the westernmost 23 feet of Vista Grande Avenue; and 4) adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program. BACKGROUND: This item was continued by the Planning Commission from its November 10 and 24, 2004 meetings. Wessman Development has proposed the Crescendo project as a Preliminary Planned Development District. An Initial Study and Mitigated Negative Declaration were prepared by the City of Palm Springs, and are incorporated by reference. The project has two separate entrances which both take access from West Racquet Club Drive. Recreational amenities include a pedestrian trail approximately 4,900' in length that will be maintained as permanent open space by the homeowners association. Overall density is 1.9 units per acre, which is less than the maximum allowed density of 2.0 units per acre. Within the project, the applicant, proposes to subdivide approximately 42 acres into 79 residential lots and additional lettered lots for associated site improvements. The project is proposed as a Planned Development District (PDD) with an associated Tract Map (TM 31766). The PDD includes modified minimum lot sizes for residential lots ranging in size from 15,000 square feet to 54,500 square feet. The underlying zoning designation is the R-1-A single-family residential zone, which requires a minimum lot size of 20,000 square feet. Surrounding adjacent lot sizes range from 9,455 square feet to 20,000 square feet in area. The General Plan designation for the project site is L-2 Low- Density Residential which allows two dwelling units per acre to accommodate various types of low density residential development, including large estate lots and traditional single-family homes. An Initial Study and Mitigated Negative Declaration (MIND) have been prepared for the project and circulated to responsible agencies and the public. The public comment period began 5.0996-PD-274, TTM 31766 Crescendo Project December 8, 2004 Page 2 September 30, 2004 and ended November 10, 2004. Comments received on the proposed MND are attached to this staff report. PUBLIC INFORMATION AND OUTREACH PROCESS: An application for the Preliminary Planned Development District was submitted on October 15, 2003 (PDD). An application for the Tentative Tract Map (TTM) followed on February 29, 2004. A general information meeting for the neighborhood was held on April 22, 2004. Property owners within 400 feet of the project site were notified of the meeting through the Office of Neighborhood Involvement and Public Participation. The project has also been reviewed by the Design Review Committee (DRC) on two occasions. On May 10, 2004, the DRC approved the project, subject to following recommendations: 1. No two story units on Vista Grande, acceptable elsewhere and on Racquet Club; 2. Consider opening the project to other streets in the neighborhood; 3. Add pedestrian links to streets; and 4. Public streets. On July 26, 2004, the DRC reviewed revisions to the project, which incorporated recommendations number one, three and four above, and voted to approve the project (3-2), subject to following recommendations: 1. Provide detailed plans of slope treatments; 2. Photo simulations of project along Tramway road would be desirable; 3. Encourage the incorporation of modern architecture: 4. The streets should connect, in a seamless relationship to the neighborhood to the south and east; 5. Mitigate slope differences on each side of street; and 6. Step floor plans where possible The applicant subsequently followed recommendation number one. ANALYSIS: The proposed project, which is not gated, will consist of the development of the 42.2 acre site. The private interior streets were platted to reflect the street pattern of existing development located to the south, with pedestrian connectivity through the site achieved through pathways linked from the cul-de-sacs to Racquet Club Drive. Table 1 indicates adjacent land uses, general plan designation and zoning. TABLE 1 SURROUNDING CONDITIONS North Rac uet Club Road, Vista Grande Surrounding Tram Wa , 4 Palm Springs Aerial Tram Land Use y Single Family Avenue, Way,Vacant Land,Agua Vacant Land Single Family Residences Cahente Indian Reservation . . . ....,,., Residences Genet al Plan L6,M43/21' L2 L4 L2 Zoning U-R,R-3 R-1-B R-1-C R 1-A General Plan. L2(Residential Low,2 UPA),L4(Residential Low,4 UPA),L6(Residential Low,6 UPA),M43121(Residential Medium,43 UPA,21 UPA for apartments) Zoning. R-1-A(Single Family Residers ial,20,000 min lot),R-1-13(Single Family Residential,15,000 min lot),R-1-C(Single Family Residential,10,900 Ir n lot),U-R(Urban Reserve) NOTES I. M43/21 is also within Redevelopment Pmiect Area 9A and Resort Combining Zone, GENERALPLAN The project site is designated L-2 and is subject to a number of General Plan policies. These are summarized below. Policy 3.2.1: Extension of urban growth into undeveloped areas will be phased logically according to the following development criteria: A. Availability of services; B. Logical extension of services; C. Contiguity with existing development; and D. Conformance with an approved PDD or other city approval. The proposed project is located directly adjacent to existing single-family residential development on the east and south, and vacant land to the north and west. The project serves to both infill and to extend the existing residential uses around it, and consequently there will be minimal extension of City infrastructure and services. The proposed project will comply with Criteria A-D above and is, therefore, consistent with Policy 3.2.1. Policy 3.3.1: Encourage developers to design residential projects which maintain the scale and rhythm of the existing adjacent lot divisions and building siting or use other creative design and planning solutions which establish and maintain a distinctive environment for existing residential neighborhoods. The project will maintain the scale of existing the existing residential neighborhoods by locating single-story residences adjacent to existing single-story, single-family development. Also, the proposed subdivision is of a similar intensity (at 2 units per acre) and slightly larger lot size ON O*\ 5.0996-PD-274, TTM 31766 Crescendo Project December 8, 2004 Page 4 (15,000 — 54,500 square feet) as found in the existing neighborhoods (with lot sizes ranging from approximately 10,000 — 20,000 square feet). Additionally, the project proponent has included a variety of roofline types in order to add diversity and character defining features to the proposed project. Policy 3.3.3: Encourage the preservation of scenic viewsheds from adjoining properties to a reasonable degree. The project is consistent with this policy in that the project would not include two-story units in the project perimeter. The low profile of the homes and similar grade levels to adjacent residences should minimally impact views from existing residences or vistas from State Highway 111 due in part to landscape berms proposed along the project perimeters and along Racquet Club Road and Tramway Road. Policy 3.4.3: Limit new building heights to a maximum of 26 feet with minimum setbacks from property lines equal to the height. The proposed homes are primarily single-story in height, with limited two-story options and will not exceed 20' to 26' feet. Pad heights and roof elevations for each lot should be specified in the Final Development Plan to control final building heights. Policy 5.12.1: New Development should be so designed that all buildings fit into the natural landscape with a minimum of onsite grading. Approximately 225,000 cubic yards of cut and fill are proposed which will be balanced onsite. The grading plan creates large, flat terraces that allow for double-loaded streets (with building pads on either side); this plan allows all storm water to drain to the street and it allows sewer laterals to drain to the main (located in the street). Manufactured slopes will occur between the terraces. The Crescendo project grading plan proposes a series of five terraces; the manufactured slopes will range from 20-30 feet high and will be heavily landscaped with native boulders and desert plant materials. The preliminary grading plan indicates, with exception of the homes that back to Vista Grande Avenue, building pads will be located below the road grade of the adjacent public streets and will also be at a similar grade to the existing residences. The applicant has tried to minimize the extent of the grading, and although the project can be considered to step with the terrain, substantial grading is proposed. Alternative grading approaches that create a greater number of terraces and reduced slope heights may be possible, and would require a redesign of the project. Policy 5.4.4: Hillside development shall satisfy the following performance criteria: b) Natural Slopes in excess of 30% shall remain undisturbed. d) Disturbed areas not proposed for development shall be re-naturalized and re-vegetated. e) Utilize low lighting levels to avoid glare. t) All public utilities shall be located underground. g) Plant species native to the immediate region shall be used in all non-recreational landscaping located in or adjacent to open space areas. As designed, and with the recommended conditions of approval, the project is consistent with Policy 5.4.4. ZONING As indicated previously, the underlying zoning designation for the project site is R-1-A (single- family residential). Table 2 compares the PDD proposal with the R-1-A zoning regulations. The project requests a reduction in minimum lot size and lot width, front yard setback, corner lot side setback and minimum interior lot rear setback. The project also requests additional building height. The following table reflects standards of development for the R-1-A zoning designation that are consistent with the project proposal: Development Standard R-!-A Proposed Minimum lot depth 120' 120' Side yard setback - 10, 10, Interior lot Rear yard setback - 15' 15' Lot to lot Rear yard setback - 25' 25' Major thoroughfare Maximum lot coverage 35% 35% The Zoning Ordinance allows 35% lot coverage for the R-1-A zone. The General Plan allows a maximum of 30% lot coverage. To comply with the General Plan, the maximum lot coverage for any given lot will be limited to a maximum 30%. However, for the overall project, 65% of the project area will be maintained as usable open spacelrecreational area. ARCHITECTURE As part of the Planned Development District for the project, the applicant has submitted architectural plans. The proposed models feature three models, each with three single story elevations at 20 feet in height. Unit 2 and 3 include an optional second floor master bedroom, at a maximum of 26' in height. The units ranging in size 2,845 from to 3,732 square feet. Second story will not exceeding 500 square feet on the second floor. Other available options include guest suites, 3-car garages and media rooms. The applicant intent is to create varied elevations in order to provide the feel of a "custom home" style development. All proposed residences will feature a minimum of two parking spaces in a garage and an additional two spaces in front of the garage in accordance with established parking standards. 5.0996-PD-274, TTM 31766 Crescendo Project December 8, 2004 Page 6 RETENTION BASINS In March of 2004, the Developers Round Table appointed a Retention Basin Policy Committee to study the City's existing storm water retention policy and make recommendations to the Developments Round Table and ultimately to the Planning Commission and City Council. The .application was received by the City prier to the establishment of this committee and the drafting of this policy. Nevertheless, the project should be evaluated in terms of the draft policy that would: a) allow a maximum of 40% to 50% of the project perimeter to be used for drainage; b) discourage the use of parkways as primary retention areas; and c) consider on-site open space, in conjunction with drywells and other subsurface solutions as alternatives to using landscaped parkways for on-site retention areas. The intent of this policy is to limit the development of project with deep basins or "moats" at the street frontage, but not to specify maximum depths or slopes in order to allow flexibility in design of the basins. In the proposed project, there are five large retention areas that are all proposed to be located along the project perimeters. They will be located as part of the common area amenity where portions of the pedestrian trail will be located. Depth of the basins will vary up to 15 feet and will be designed to handle storm water from a 100-year storm. The site landscape concept plan shows extensive desert landscaping for all the retention areas that will allow these areas to be integrated into the perimeter park and pedestrian trail. Although the quality of the proposed landscaping appears to be exceptionally high with native boulders and desert plant materials, all of the retention areas for the project are located in the perimeter. The project perimeter along Racquet Club Road has a large retention basin at the lower easterly end; however, the basin will be located behind a heavily landscaped berm or slope and thus will not be visible from Racquet Club Road. The northerly perimeter of the project contains three retention basins thus exceeding the 50% guideline. Furthermore, because of their proposed depth, the design of the basins could be viewed as moats. STREET VACATION Approximately 23 feet of the westerly Vista Grande Avenue right-of-way is proposed to be vacated; the vacated portion will be incorporated into the landscaped perimeter that includes the pedestrian trail and manufactured slope area. Vista Grande Avenue will be widened from the existing 25-foot width to 30 feet. Although the applicant utilizes the vacated portion of the right- of-way for the benefit of the private development, it will also provide a public benefit with the pedestrian trail and attractive landscaping. The remaining 30 foot paved street (Vista Grande Avenue) will be adequate for all foreseeable future needs. PLANNED DEVELOPMENT DISTRICTS Under Section 94.03.00 of the Zoning Code, Planned Development Districts are intended to be in compliance with the General Plan and good zoning practices even though the project may incorporate certain desirable departures from the strict provisions of the zone classifications. The General Plan Land Use Implementation Program provides for the use of Planned Development Districts to increase buildable area and height and alter other standard development regulations provided certain benefits accrue to the City. X� \0� The proposed project includes funds for community beautification through the public art program, community parks through the Quimby Act, regional transportation infrastructure though the Transportation Uniform Mitigation Fund (TUMF) program, public safety through the public safety impact fee, a meandering pedestrian trail landscaped with a desertscape flora palette that is accessible to the public, and luxury single-family housing. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION An Initial Study/Environmental Assessment was prepared for this project and was previously provided under separate cover. Studies to support the Environmental Assessment were prepared by professionals within a variety of research disciplines including soils, geotechnical, traffic, air quality, hydrology, biology, noise and archeology. Based upon the environmental checklist and supporting environmental analysis and aforementioned special studies, the proposed project has the potential to have significant impacts related to aesthetics, air quality, land use and planning, noise, and utility services. The recommended mitigation measures are designed to reduce these project related impacts to a level of less than significant. All mitigation measures included in the Environmental Assessment Mitigated Negative Declaration, and are incorporated by reference into the Conditions of Approval. Staff has received several phone calls and visits from concerned residents regarding the project and Environmental Assessment. Upon completion of the IS/EA, staff found that although the project could have a significant impact on the environment, there will not be a significant impact in this case because of the mitigation measures described in the Mitigated Negative Declaration. All property owners within a 400 foot radius of the project have been notified. Correspondence regarding this project has been received. A copy of the correspondence has been attached. ATTACHMENTS 1. Vicinity Map 2. Mitigated Negative Declaration (previously circulated) 3. Resolution 4. Exhibit A- Conditions of Approval 5. Correspondence MITIGATION MONITORING Et REPORTING PROGRAM for the Crescendo Mitigated Negative Declaration State Clearinghouse #120040668 December 3, 2004 DRAFT Prepared For: City of Palm Springs Post Office Box 2743 Palm Springs, California 92263 (760) 323-8245 Prepared By: DePalatis Associates, Inc. 73-255 El Paseo Drive, Suite 15 Palm Desert, California 92260 0� TABLE OF CONTENTS MITIGATION MONITORING £t REPORTING PROGRAM For the CRESCENDO MND Section Title Paae 1.0 Mitigation Monitoring Er Reporting Requirements ...........................................1 2.0 Mitigation Monitoring Er Reporting Program.............................................. .....4 1� City of Palm springs "Crescendo"MND(SCH 120040668)Mitigation Monitoring Program 1.0 MITIGATION MONITORING Ft REPORTING REQUIREMENTS The California statutory legislation (A.B. 3180, CORTESE) requires responsible agencies to adopt monitoring and reporting programs to ensure that mitigation measures contained in Environmental Impact Reports and Mitigated Negative Declarations are effectively implemented. This document is designed to ensure that mitigation measures contained in the Crescendo Mitigated Negative Declaration are properly monitored to ensure that effective implementation occurs. This program (consisting of this narrative text and the following forms) has been designed so that the mitigation measures contained in the Mitigation Monitoring and Reporting Program are all listed sequentially as they occur in the Mitigated Negative Declaration. For each mitigation measure, the program specifies a City department or other agency which will be responsible for monitoring a particular mitigation measure. The program provides the time or times that each mitigation measure will be monitored. The form provides an opportunity for the department listed as responsible for monitoring the implementation of a mitigation measure to indicate whether the measure has been implemented satisfactorily and to provide the date of the assessment, along with a signature to indicate that implementation has or has not been accomplished. If there is any question as to the correct interpretation of a mitigation measure, the Mitigated Negative Declaration should be consulted to see whether the text contains information on how to correctly interpret that mitigation measure. Should the Environmental Impact Report not provide the required clarification, the City of Palm Springs Director of Planning Services shall be the final authority on how the mitigation measure is to be interpreted. Decisions made by the Director may be appealed through the usual course of administrative appeals. A copy of the page of the monitoring program that contains the mitigation measure in question, completed and initialed by the responsible persons(s) shall constitute written verification of compliance. Should the person or persons responsible for monitoring the implementation of a mitigation measure find that satisfactory performance of the mitigation measure has not occurred, this shall be documented as a finding and signed by the responsible individual(s). A copy of the completed page of the mitigation monitoring program containing the mitigation measure that has not been satisfactorily implemented must be transmitted to the Director of Planning Services. In no case shall an approval be granted which is contingent upon implementation of a mitigation measure without written confirmation from the person or persons responsible for monitoring the mitigation measure that the mitigation measure has been satisfactorily implemented. A copy of this Mitigation and Reporting Monitoring Program is to be provided to each person or department listed as responsible for monitoring a mitigation measure. A person in a department is responsible for ensuring the monitoring of mitigation measures alongside which that department is listed. Where two or more persons or departments are listed as responsible for monitoring, all findings of satisfactory implementation of mitigation measures are required before approvals contingent on implementation of mitigation measures are granted. A Department of Planning Services staff member shall hold a Department meeting to evaluate the efficiency of the Mitigation and Reporting Monitoring Program. Those responsible for ensuring that mitigation measures are implemented will submit a brief report to the Director of Planning Er Building outlining the effectiveness of the implementation �` measures. The Department meeting is required to be scheduled prior to issuance of grading c\ December 3, 2004 Page 2 City of Palm Springs "Crescendo"MND (SCH 120040663) Mitigation Monitoring Program permits. Subsequent Department meetings should be scheduled as deemed necessary by Department staff. Along with the staff report, a summary of the findings from the Mitigation and Reporting Monitoring Program shall be submitted to the Planning Commission, which shall in turn report on the effectiveness of the Mitigation and Reporting Monitoring Program to the City Council with recommendations to rectify any difficulties raised. December 3, 2004 Page 3 of 13 City of Palm Springs "Crescendo"MND (SCH 120040668) Mitigation Monitoring Program 2.0 MITIGATION MONITORING 8r REPORTING PROGRAM TOPIC 1 - AESTHETICS Mitigation Measure MM 1-1: The final map shall include a variable width easement or common-interest lot for an enhanced landscape parkway adjacent to Tram Way. The landscape parkway enhancement shall be a minimum of 15-feet and an average of 25-feet wide as measured from property line in addition to landscape of Tram Way private road parkway area. The on- site parkway enhancement area may incorporate proposed detention basins so long as they are attractively landscaped with desert plant materials to complement the parkway design treatment and are viewable from Tram Way_ if safety fencing of the basins is required, an attractively designed view fence shall be incorporated into the landscape design. Implementation: Prior to the map recordation, the applicant shall submit a final map to the Engineering Division and Department of Planning Services for their approval. Compliance Record: Timing: Prior to final map recordation Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: Mitigation Measure MM 1-2: Design of the landscape buffer along Train Way, the manufactured slope along the east property line and the public walkway system shall be subject to review and approval by the City's Design Review Committee. Native boulders and plant materials shall be used extensively in the landscape design to reflect the rocky, desert landscape currently on the site. Implementation: Prior to final map recordation, the applicant shall submit a final landscape plan to the Department of Planning Services for approval by the City's Design Review Committee. Compliance Record: Timing: Prior to issuance of final map recordation Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: Mitigation Measure MM 1-3: Only single story residential structures (maximum 78 feet high) shall be allowed December 3, 2004 1A Page 4 of 13 City of Palm Springs "Crescendo-MND(SCH 120040668) Mitigation Monitoring Program on those lots abutting the eastern project boundary. Implementation: Prior to final map recordation, the applicant shall submit a final architectural plotting plan to the Department of Planning Services for approval by the City's Design Review Committee. Compliance Record: Timing: Prior to issuance of final map recordation Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: TOPIC 2 -AGRICULTURAL RESOURCES No mitigation measures are required for this topic. TOPIC 3 - AIR QUALITY Mitigation Measure MM 3-9: Due to the small margin of safety between diesel NO, emissions and the adopted significance threshold requires that all reasonably available diesel exhaust emissions be minimized. • Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. • idling trucks or heavy equipment shall turn off their engines if the expected duration of idling exceeds ten (10) minutes. • The on-site rock crusher shall operate off of electric power delivered to the site and not from an on-site diesel generator. Implementation: Prior to the issuance of grading permits, the project proponent shall submit construction specifications to the Engineering Division which require the contractor to implement the above referenced air quality measures. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: The project's construction manager, Department of Planning Services, Building Official, Engineering Division. Date Completed: December 3, 2004 Page 5 of 13 City of Palm Springs "Crescendo-MND(SCH 120040666) Mitigation Monitoring Program Mitigation Measure MM 3-2: The recommended dust control and construction activity mitigation plan shall include the following elements.- Earthwork will be balanced onsite to the extent practical to minimize truck trips for import or export of dirt. • Adequate watering techniques shall be employed to partially mitigate the impact of construction-related dust particulates. Portions of the site that are undergoing surface earth moving operations shall be watered such that a crust will be formed on the ground surface then watered again at the end of each day. Site watering will be performed as necessary to adequately mitigate blowing dust. • Any vegetative cover to be utilized onsite shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems required for these plants shall be installed as soon as possible to maintain good ground cover and to minimize wind erosion of the soil. • Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed on unpa ved roads shall be 15 mph. • Grading operations shall be suspended during first stage ozone episodes or when winds exceed 25 mph. • Construction operations affecting off-site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through-traffic lanes. • Perimeter walls (if any) and landscaping shall be constructed in a manner that assists in protecting the site from blowsand. Ali walls and landscaping shall be maintained on a regular basis to remove accumulated blowsand. Implementation: Prior to the issuance of grading permits, the project proponent shall submit construction specifications to the Engineering Division which require the contractor to implement the above referenced air quality measures. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning Services, City Building Official, Engineering Division. Date Completed: 0,6 December 3, 2004 Page 6 of 13 City of Palm Springs "Crescendo-MND (SCH 120040668) Mitigation Monitoring Program TOPIC 4 - BIOLOGICAL RESOURCES Mitigation Measure MM 4-1: Prior to any ground or habitat disturbance on a site which provides burrowing owl habitat, the applicant shall cause a pre-construction survey of the site to be conducted for Presence of the species. • Surveys and relocation, if applicable, shall be conducted between September 7 and January 31, in accordance with the CDFG Staff Report on Burrowing Owl Mitigation (1995) or other then-current protocols as directed by the City Director of Planning Services. • Owls should be excluded from burrows in the development envelope and within an appropriate buffer zone by installing one-way doors in burrow entrances or other technique as deemed appropriate. The biological monitor must ensure through appropriate means (e.g. monitoring for owl use, excavating burrows) that the burrows to be impacted are not being used. The City shall determine whether creation of artificial burrows is necessary as part of the relocation effort. • Occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies trough non-invasive methods that either: (a) the birds have not begun egg laying and incubation; or (b) that juveniles from the occupied burrows are foraging independently and capable of independent survival. Implementation: Prior to the issuance of grading permits, the developer shall submit a predevelopment survey to the Director of Planning Services discussing the on-site presence of burrowing owls and, if necessary, recommendations for their protection during construction activities. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: Mitigation Measure MM 4-2: Prior to the issuance of building permits, the applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval. The landscape plan shall exclude the use of exotic plants within 700-feet of the abutting natural areas along the western project boundary. Implementation, Prior to the issuance of building permits, the developer shall submit a Final Landscape Document package to the Director of Planning Services for review and approval demonstrating that exotic plants are excluded within 100 feet of the western project 0///��y y December 3, 2004 Page 7 of 73 ��� City of Palm Springs "Crescendo"MND (SCH 120040668) Mitigation Monitoring Program boundary. Prior to the issuance of occupancy permits, the Department of Planning iE Building will conduct an on-site visit to ensure that the above measures have been implemented. Compliance Record: Timing: Prior to issuance of building permits, issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: Mitigation Measure MM4-3: Project CC&Rs shall require that landscaping along the project perimeter be maintained according to the approved Final Landscape Document Package. The CC&Rs may make provision for amendments to the perimeter landscaping upon approval by the Director of Planning Services. The CC&Rs shall contain a provision prohibiting the use of exotic plants within 100-feet of the western project boundary. Implementation Prior to the issuance of a certificate of occupancy, the developer shall submit final CC&Rs to the Director of Planning Services for review and approval with provisions requiring the project Homeowners Association to maintain perimeter landscaping in accordance with the approved landscape plan and prohibiting the use of exotic plants within 100-feet of the western project boundary. Compliance Record Timing: Prior to issuance of a certificate of occupancy. Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: TOPIC 5 - CULTURAL RESOURCES No mitigation measures are required for this topic. TOPIC 6 - GEOLOGY AND SOILS No mitigation measures are required for this topic. TOPIC 7 - HAZARDS AND HAZARDOUS MATERIALS No mitigation measures are required for this topic. December 3, 2004 Page 8 of 13 City of Palm Springs -Crescendo"MND (SCH 120040668)Mitigation Monitoring Program TOPIC 8 - HYDROLOGY £t WATER QUALITY Mitiqation Measure. MM 3-1 The project includes five retention basins to address the 100 year, 9 hour stone flow. Implementation: Prior to issuance of grading permits the applicant shall submit the on-site surface drainage plans to the Engineering Division. The applicant shall have a detailed drainage plan prepared for the project site prepared by a certified engineer that complies with County of Riverside Flood Control District standards and the City of Palm Springs' Flood Prevention Ordinance that during a storm of between 10 to 100-years frequency does not damage proposed structures or endanger human health and safety. Upon verification of compliance, the City Engineer shall notify the Director of Planning Services. Compliance Record: Timing: Prior to issuance grading permits. Monitoring Entity: City of Palm Springs Engineering Division and Department of Planning Fr Building; Riverside County Flood Control and Water Conservation District. Date Completed: TOPIC 9 - LAND USE AND PLANNING Mitigation Measure: MM 9-1: Building heights will be limited to 26 feet except that single-story structures on lots abutting the eastern project boundary will be limited to 18 feet. Implementation: Prior to final map recordation, the applicant shall submit a final architectural plotting plan to the Department of Planning Services for approval by the City's Design Review Committee. Compliance Record: Timing: Prior to issuance of final map recordation Monitoring Entity: City of Palm Springs Department of Planning Services. Date Completed: TOPIC 10 — MINERAL RESOURCES No mitigation measures are required for this topic. December 3, 2004 Page 9 of 13 City of Palm Springs "Crescendo-MND(SCH 120040668) Mitigation Monitoring Program TOPIC 11 - NOISE Mitigation Measure: MM 11-1: All construction vehicles and equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Building Official. Implementation: Prior to the issuance of grading permits, the developer shall submit construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measures. During grading and construction activities the City's Building Official shall ensure that the above mitigation measures are adhered to by the project's construction manager. Compliance Record: Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the project's construction manager, the City Building Official. Monitoring Entity: Project construction manager, Engineering Division, Building Official. Date Completed: Mitigation Measure: MM 11-2: Stockpiling and/or vehicle staging areas shall be located onsite and as far as practical from sensitive noise receptors (i.e. residential homes located south and east of the project). This requirement shall be included on the contractor specifications and shall be verified by the Building Official. Implementation: Prior to the issuance of grading permits, the developer shall submit construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measures. During grading and construction activities the City's Building Official shall ensure that the above mitigation measures are adhered to by the project's construction manager. Compliance Record: Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the project's construction manager, the City Building Official, Monitoring Entity: Project construction manager, Engineering Division, Building Official. Date Completed: 0 December 3, 2004 Page t0 of 13 City of palm Springs -Crescendo"MND(SCH 120040668)Mitigation Monitoring Program Mitigation Measure: MM 11-3: Rock crushing equipment shall be located at the extreme northwest corner of the property, Implementation: Prior to the issuance of grading permits, the developer shall submit construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measures. During grading and construction activities the City's Building Official shall ensure that the above mitigation measures are adhered to by the project's construction manager. Compliance Record: Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the project's construction manager and the City Building Official. Monitoring Entity: Project construction manager, Engineering Division, Building Official. Date Completed: Mitigation Measure: MM 11-4: A berm of processed rock shall be constructed and maintained of sufficient height to screen the rock crushing operation and maintain off-site noise levels of 53 dB (Lsd or less at existing residences to the east and south, if one crusher is used, the berm height shall be fifteen feet on the east and twelve feet on the south. if two crushers are used, the berm height shall be twenty feet on the east and seventeen feet on the south. Implementation: Prior to the issuance of grading permits, the developer shall submit grading plans and construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measure. During grading and construction activities the City's Building Official shall ensure that the above mitigation measures are adhered to by the project's construction manager. Compliance Record: Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the project's construction manager and the City Building Official. Monitoring Entity: Project construction manager, Engineering Division, Building Official, Date Completed: Mitigation Measure: MM 11-5: The developer shall contact the owner of Tram Way to obtain a temporary right- of-access for construction and delivery truck traffic to use Tram Way. If the owner of Tram December 3, 2004 Page 11 of 13 City of Palm Springs "Crescendo"MND(SCH 720040668)Mitigation Monitoring Program Way is unwilling to grant such a truck access route, a construction access plan shall be developed and implemented if Racquet Club Drive is used by vehicles of three or more axles, The access plan would limit the number of vehicles per hour and the time of day that access is allowed. The construction access plan shall include the following measures: • Truck access shall not occur before 7:00 a.m. (8:00 a.m. on Saturday). • No construction trucks shall operate on Racquet Club Drive after 3:00 p.m. when children may be playing, riding bikes, etc. • Truck traffic shall be limited to no more than three (3) trucks in and three (3) trucks out each hour by vehicles with three or more axles. • Truckers shall be warned to not use engine decompression ("jake brakes") when traveling downhill for any access alternative. Violators will be banned from site access after failing to heed a first warning. Implementation: The developer shall provide a letter to the Palm Springs Aerial Tramway requesting use of Tram Way for construction traffic. If Tram Way is not available for such use, prior to the issuance of grading permits, the developer shall submit construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measure. Compliance Record: Timing: This shall be checked on a weekly basis For the duration of the grading and construction period by the project's construction manager and the City Building Official. Monitoring Entity: Project construction manager, Building Official. Date Completed: Mitigation Measure: MM 11-6: Surficial material and boulders shall be stockpiled to create a temporary noise berm prior to crusher operation. The crusher shall operate behind this temporary berm until such time as the permanent berm described in MM 11-4 has been created. Implementation: Prior to the issuance of grading permits, the developer shall submit grading plans and construction specifications to the Engineering Division requiring the contractor to implement the above referenced noise measure. Prior to operation of the crushing plant, the Building official shall perform an on-site inspection to ensure that the temporary berm is in place. Compliance Record: Timing: Prior to issuance of grading permits, prior to operation of crushing plant Monitoring Entity: Project construction manager, Engineering Division, Building Official. December 3, 2004 Page 12 of 13 City of Palm Springs -Crescendo"MND (SCH 120040668) Mitigation Monitoring Program Date Completed: TOPIC 12 - POPULATION AND HOUSING No mitigation measures are required for this topic. TOPIC 13 - PUBLIC SERVICES Mitigation Measure. MM 13-1 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 Ordinance 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 protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to the sale of any lots or a covenant agreement shall be recorded against each parcel. Implementation, Prior to the issuance of a certificate of occupancy, an assessment district shall be in place to fund public safety and recreation services, which includes the project site. If the assessment district has not been formed by this time, the developer shall record a covenant agreement against each lot waiving the right to protest formation of the assessment district. The covenant language shall be approved by the City Attorney. Compliance Record: Timing: Prior to issuance of a certificate of occupancy. Monitoring Entity: Department of Planning Services. City Attorney. Date Completed: TOPIC 14 - RECREATION No mitigation measures are required for this topic. TOPIC IS - TRANSPORTATION/TRAFFIC No mitigation measures are required for this topic. TOPIC 16 - UTILITY AND SERVICE SYSTEMS No mitigation measures are required for this topic. December 3, 2004 Page 13 of 13 DATE: December 22, 2004 TO: Planning Commission FROM: Director of Planning Services CASE NO. 5.0996 PD-294 TTM 31766 - APPLICATION BY WESSMAN DEVELOPMENT FOR, A PRELIMINARY PLANNED DEVELOPMENT DISTRICT (NO. 294) FOR RESIDENTIAL DEVELOPMENT AND TENTATIVE TRACT MAP 31766 TO SUBDIVIDE 42.2 ACRES INTO 79 LOTS AND CONSTRUCT 79 SINGLE-FAMILY RESIDENCES AND THE VACATION OF THE WESTERLY 23 FEET OF VISTA GRANDE AVENUE, LOCATED ON WEST RACQUET CLUB DRIVE, EAST OF VISTA GRANDE AVENUE AND SOUTH OF TRAMWAY ROAD, ZONE R-1- A, SECTION 3, APN # 594040046. RECOMMENDATION: That the Planning Commission recommend approval to City Council for: 1) Planned Development District-294 for the construction of 79 single-family residential units with associated on and off-site improvements; 2) Revised Tentative Tract Map 31766 (dated December 15, 2004); 3) approval of the vacation of the westernmost 23 feet of Vista Grande Avenue; and 4) adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program. BACKGROUND: This project was continued by the Planning Commission from its December 8, 2004 meeting. At that meeting the Planning Commission directed the applicant to restudy several facets of the project including: • Subdivision design, terracing of pads and grading; • Building heights; and • Circulation and connectivity to adjacent roadways. On December 15, 2004, the applicant submitted a revised map in order to address the Planning Commission's concerns. Staff has reviewed the revisions and they appear to address some of the Planning Commission's concerns. Grading and terraced pads: The project site slopes from west to east and from south to north. The applicant has redesigned the map and grading program to reduce the terracing and benching effect. The revised grading program would create tiered, multi-level building pads. The applicant has redesigned the grading to increase the number of slopes, while reducing the height of the slopes, this serves to distribute grade changes more evenly through the project. A side effect of the revised grading program is that rear yard setbacks would be increased to a minimum of 15 feet, which complies with the R-1-A zone rear yard setback provisions. A complete summary of the impacts of the revision is attached as the Summary of Changes to the Site Plan and TTM 31766. The Planning Commission should be aware that acceptance and approval of the minor pad elevation differences (24-32 inches) as multi-level pads could establish a precedent for future consideration of pad elevations and building heights in the hillside areas. If 5.0996-PD-274, TTM 31766 Crescendo Project December 22, 2004 Page 2 Building Heights: Relative to the creation of multi-level pads, the applicant proposes to redesign the residences to step the building pads 24" to 32". This would have the effect of creating steps between the garages and the main residences. In some instances where casitas are located in front yards, the casitas would be at the same pad elevation as the garages. The applicant contends that because the building pads have been redesigned as tiered-pads and are no-longer uni-level, the project now complies with General Plan Policy 3.4.3, which allows building heights to exceed 18' in hillside areas. No other changes to the building height or mass are proposed. The proposed residences are 20' in elevation. Some units are available with optional guest suites, which feature 500 square feet of habitable living space, and have 26' tall elevations. Because the proposed second story mass is limited in area, staff is comfortable that approval of the project architecture creates visual interest, increases the number of proposed elevations, yet does not establish a precedent for the mass of full two-story residences on pads with minimal grade changes. Circulation and Roadway Connectivity: Following direction provided by the Planning Commission, the applicant redesigned the project circulation to provide for direct street access to Girasol Road, which intersects the project at the northeast corner of the site. As of the writing of this report, the Fire Department and Engineering have not had the opportunity to fully review the proposed redesign. As a result, minor changes to the draft conditions of approval may be distributed at the public hearing. However, the project's Traffic Engineer (George Dunn Engineering) has reviewed the circulation changes and notes that the secondary access point is not likely to generate "significant volumes" of traffic. CEQA: A written summary of the presentation of the environmental consultant's presentation to the Planning Commission, during the December 8, 2004 public hearing, summarizing key public comment and responding to those comments, has been prepared by Paul DePalatis and is included herein for your review. The changes to the subdivision design and the PDD as described in this report do not create any new significant environmental effects, nor do they increase the severity of impacts previously identified, nor do they require modifications to mitigation measures added to the project. Therefore, the changes are within the scope of the Initial Study and Draft Mitigated Negative Declaration already presented to the Planning Commission. ATTACHMENTS 1. Vicinity Map 2. Revised Tentative Tract Map and Preliminary Grading Plan 3. Written Summary of Changes to Site Plan and Grading 4. Supplemental Traffic Analysis, George Dunn Engineering, December 10, 2004 5. Summary of Key Public Comments with Responses, Paul DePalatis 6. Exhibit A - Conditions of Approval AM y sAN RAFAEL DRIVE n 9� CPD ' c yp*„ Sn, Sf 9y FRANCIS DRIVE ti P ` �Qy LFj RACQUET CLUB AO >PROJECT SITE J u VISTA CHINO y z TACHEVAH DRIVE TAMARISK ROAD Cm O �m ALEJO ROAD 9GT PA P 9 AMgDO ROAD > o PALM SPRING a u REGIONAL > TAHQUITZ CANYON WAY AIRPORT w O aw 6ARUJU ROAD u a U RAMON ROAD o NSUNNYD SUNNY DUNES ROAD a 'w u MESQUITE AVENUE o rc V SONORA ROAD ESCOBA DRIVE ry rc Ulu mn Vicinity Map t "CRESCENDO" (TTM 31766) INITIAL STUDY NOT TO SCALE N DePalatis Associates EXHIBIT 2 PLANNING&ENVIRONMENTAL SERVICES VICINITY MAP UTILITIES NOTES v, .�... -_ ,, o°:_ mrvrr, s..��r,r.n owo�.o➢ c al ' rl,>� _ °•\ _ rnry uinry rmoorvc pa zmrry` r- _i- --- - n "I -semen rva'iryc�rr mrivar aw.aznu a xu oenum r_zou/w \\\ x nz .s ,r - I oz�tti LAND USE SUMMARY , iAx9scnvr,'j'' " 'I Y> -� _______ ____ __ j - I Ir...,.a `�>�tP esF 4't9`6i•\ r_, m,u.,n.n_-,mr..,sn.�.o¢ .: - :euEre. ' ?. 'r';t• '�3 , 'fb d "t II 1 -V I l '4 \ erne vnry vrorrrernNy/nzrrar LEGAL DESCRIPTION \ --7 r- w _ r I z t F,�.1 sl 1 � I o' �I I"�I�JI 1� �l _ '• �� ry i ��• �� _. [ 'sz - I �;,a 1 �� � aY� le ��:tea- �s: ti',s \ o w 4 mmnaovlmdmlon I of T a { _ -I- �` �e•'°^± �,}p�_-t�}f+ 17i, h.' as rn3 I,; ,r,p mt^� S0 y y - lu �. weua \\ PREPARED FOR: PREPARED BY: m r �' �J � 'fi .CY'' 13 F• / ST �y+� �.Ar WESSMAN T�Ty 1 y P SJ Cv t5 - M1 _ ` 1�900 OEVELOPMFM COMP,INY - I I4 �s ° I '�* I F I 3> � �• A 'n� I 3oosralm G'°w'ome ••i - 11 � t C,pE � Pam SV°nR,U9llfii { I S 59 r 59 13j 1PI 3 \ .f SITE PLAN �1 S. F � -- i -• " � 3z _ /___ 1�'" minrlr cr �L I i ��/ v, m �In r r 1 -, ....T..._•.r( Tz S r 's I' _ _,5/I x'� I i F4vl-zn."rMEUI� a S 1! ' a a � PE `j .7%yH,,,[r ,gip i ,�,r ' '✓ I � I �zp a+'l� - 9 " '✓fl I�~ IL3 r _I —�` ` ren➢ z� s AL _ I B C --FOP �L— — PEOESIHIaN YIILMN Y RACQUET CLU c vnn Tl JJ r-1 � B Pu;n z � j 1, s v 51P➢ ?p I6500 ` � d\Win SeroUrerrbY_ngmN'nsuvprr\m�nereu Summary of Changes to Stie Plan and Tentative Tract Map 31766 Per Planning Commission Comments Lot Pad Elevation Changes Number Garage Portion Livable Portion Rear Slope Height Difference Rear Lot Setback Change by Foot Change by Foot Before Proposed Rear Slope From Top or Raise Lower No Change Raise Lower No Change Feet Feet Height Toe of Slope 1 1 1 24 23 1 30 2 3 1 2 11 9 2 55 1 19 18 1 15 4 1 3 30 25 5 40 5 * 2 23 17 6 41 6 * * 20 18 2 36 7 * * 11 11 0 34 $ * 2 K23 21 2 46 9 1 1 18 1 18 11 1 3 11 0 24 11 14 0 33 12 2 18 2 13 2 27 4 17 6 1614 2 25 5 18 15 2 27 25 2 16 2 15 17 1 27 21 6 21 1 25 23 2 15 18 2 24 19 5 28 20 2 1 22 19 3 26 1 22 18 4 45 21 1 1 22 17 5 46 22 22 17 5 23 36 24 18 17 1 21 25 3 * * 15 15 0 25 26 1 3 25 22 3 22 3 18 27 3 1 30 5 5 22 17 17 28 28 2 4 22 17 5 29 1 32 3 22 18 4 31 30 1 31 3 3 22 19 3 35 32 1 5 24 19 5 26 1 25 23 2 36 33 2 27 21 6 4 34 30 35 2 27 25 2 30 36 3 29 26 3 16 37 2 28 21 7 40 2 27 21 6 33 38 39 2 25 21 4 22 2 27 23 4 28 an 2 27 2i 6 35 Per Planning Commission Comments Lot Pad Elevation Changes Number Garage Portion Livable Portion Rear Slope Height Difference Rear Lot Setback Change by Foot Change by Foot Before Proposed Rear Slope From Top or Raise Lower No Change Raise Lower No Change Feet Feet 41 Height Toe of Slope 42 6 40 23 2 2 29 29 22 7 43 *44 412 28 21 7 37 * 2 24 20 4 32 45 2 27 23 4 31 46 * 47 * * 28 18 10 26 2 28 11 17 28 48 2 24 20 4 15 49 3 5 28 21 7 50 3 18 51 2 5 * 29 11 18 17 52 * 14 14 0 20 2 27 18 9 22 53 2 25 21 4 25 54 2 4 27 21 6 5 28 55 3 17 56 2 21 7 1629 23 6 57 4 6 28 58 28 22 6 33 1 1 28 23 5 24 59 2 27 25 2 15 60 1 1 1 27 18 g 17 62 3 1 21 16 5 25 63 1 20 13 7 30 64 * 15 13 2 24 * 2 * 17 15 2 30 65 2 3 66 * N/C 22 31 67 N/C 17 17 * 17 17 68 1 1 15 13 2 17 69 2 22 13 9 25 2 70 1 1 21 16 27 71 522 72 3 5 27 21 6 24 73 2 27 25 2 22 2 4 28 25 3 18 74 * * 75 3 28 22 6 25 4 3 15 76 2 4 4 77 1 15 3 3 15 78 2 2 15 79 N/C N/C 15 W GEGE DUNK George Dunn Engineering � � s 1941 Pasea Peloia Palm Springs, California 92262 Telephone:(760)416-6810 FAX: (815)371-35ZZ E-mail—oeo�rthllnle net December 10, 2004 Mr. John Wessman/Mr. Michael Braun Wessman Development 300 South Palm Canyon Drive Palm Springs, California 92262 Telephone: (760) 325-3050 x28 FAX: (760) 325-5848 Subject: Supplemental Traffic Analysis — Revised Access Point for the Crescendo Project Dear Mr. Wessman/Mr. Braun, It is understood that an additional access will be provided to The Crescendo project via a new 28-Foot wide roadway connecting to Vista Grande Avenue. It is also understood that this access is intended to provide a secondary access that could be used by trips generated by the project as well as the adjacent neighborhood. The addition of this access point might provide some project-generated trips with more direct access to and from the north via Cabrillo Road. However, the majority of the trips to and From the proposed development would be expected to have origins and destinations to the east and south so it would not be anticipated that significant volumes would use this secondary access point (7 project trips during the AM peak hour and 9 project trips during the PM peak hour assuming all project trips to and from the north would use this access point, which is unlikely). Should you have any questions about this proposal or require additional information, please contact George Dunn at (760) 416-6810. Sincerely, ommro•snm or � George�Dunn "° O°nn o°,, =us mm sooq is 0-- is ss se oe oo George Dunn, P.E. GEORGE DUNN ENGINEERING The Crescendo Project,Palm Springs,Cahfornia Prepared for lio ssman Development December 10,200d George Dunn Engineering 1 b Crescendo Project Summary of Key Public Comments with Responses Following is a summary of key objections to the project made during the public comment period. A response follows each comment. 1. Use of an MND is not allowed by CEQA for this project. As indicated in the responses that follow, there has been no substantial evidence submitted to support a "fair argument" that the Project will cause significant impacts that cannot be mitigated to a less than significant level. Therefore, use of a Mitigated Declaration is appropriate under CEQA for this project, 2. The MND fails to properly describe the terracing of the project. The MND clearly portrays that the entire site will be converted from native desert land to a residential subdivision using graded slopes to create building pads. On page IS, the MND states that "The project would require grading of the property to create building pads for home sites." Likewise, page 44 states that, (the project] would replace the existing native landscape containing desert vegetation, boulders and cactus with residential homes. " Exhibit 6 shows a series of tiered lots separated by slopes and retaining walls with proposed elevations. The magnitude of site grading is described on page 18 by identifying the cubic yards of earthwork required for project construction. On page 15, the MND also identifies that a tentative tract map has been submitted to the City showing "the building pad and proposed elevation of each lot, proposed Open space lots, proposed infrastructure, the proposed internal street Pattern and representative street sections". Thus, the grading design has been adequately described in the MND and the availability of more detailed information disclosed to the public. 3. The Initial Study defers mitigation since it allows for future approval of a Final Planned Development District. Approval of a Final Planned Development District is ministerial in nature and does not introduce any new mitigation measures. It merely provides the City with a vehicle to ensure that the details of final architecture and landscaping plans are consistent with the preliminary development district approval. The project design and impacts of that design are fully disclosed In the Preliminary Planned Development District and analyzed in the Initial Study. Therefore, the approval of a Final Planned Development District does not constitute a deferral of mitigation. 4. The Initial Study defers mitigation since it allows for future approval of Tram Way for construction traffic. It has been determined that Tram Way was dedicated to the City as a public access from the project site to Highway 111. Therefore, use of Tram Way by construction traffic would be allowed subject to City regulations. In addition, a letter of non-objection for the use of Tram Way for construction traffic has been received from the Mount San Jacinto Winter Park Authority. Therefore, use of Tram Way by construction traffic has been established and does not constitute a deferral of mitigation. 5. The General Plan requires an EIR for the Crescendo project because it is on the Chino Cone formation. The General Plan requires the preparation of an EIR for properties located within the Chino Cone Area Plan, not on the Chino Cone formation. The boundaries of the Chino Cone Area Plan were established by the City Urgency Ordinance and do not include the Crescendo project. Therefore, the General Plan does not require preparation of an EIR for this project. 6. The project is inconsistent with General Plan policy because it overwhelms mountain views. Policy 3. 1.8 states that development should not "overwhelm natural features such as washes and views of the mountains-' As revised in mid 2004, this same policy states that this goal is not to be considered in isolation of other relevant General Plan policy. Policy 3.3. 9 is a related policy and reflects the application of this Citywide principal on a project specific level encouraging the "preservation of scenic viewsheds from adjoining properties to a reasonable degree". The Crescendo project has implemented various design features to preserve mountain views from adjacent properties. It will be up to City to determine whether the project design has achieved this to a reasonable degree. While it would be impossible to develop this property with absolutely NO impacts on views (as is the case with every project), the Project has been designed to minimize view impacts. The nearest properties south of West Racquet Club Drive as well as those east of Vista Grande Avenue do not orient outdoor living areas toward the Project and therefore their mountain views are not significantly impacted. Only 4 residences adjacent to the easterly project boundary orient rear yards toward the project, such that views are an issue. As shown in Exhibits 14a and 94b of the Initial Study, the project's grading design will preserve a greater "hillside" view than would alternative development approaches that place buildings at grade. 7. The project is inconsistent with General Plan policy because it does not provide adequate open space. The General Plan policy 3.4.5 requires 70 percent of the site to remain in open space. Calculations contained in the Initial Study demonstrate that the project complies with this requirement. Comments claiming that the Initial Study calculations were inconsistent failed to distinguish between General Plan open space criteria, which are calculated on a total site basis and those relating to maximum residential building coverage per the Zoning code, which are calculated on a lot by lot basis. The project meets both standards. r� 4� J r S. The assessment of biological impacts did not consider potential impacts to the Loggerhead Shrike. The biology report noted that the site was suitable habitat for the Loggerhead Shrike, however, neither the project biologist nor biologists submitting comments on the project identified any of the species on site. The shrike is a resident species and so the inability to detect it or evidence of its residence on the site strongly suggests that it does not regularly utilize the site or immediate vicinity. The Shrike is not listed as a rare, threatened or endangered species, rather, it is considered in the literature regarding the Coachella Valley as a 'common resident." CEQA requires mandatory findings of significance and preparation of an EIR only if a project will negatively impact a rare, threatened or endangered species, none of which is the case with this project. 9. The assessment of biological impacts did not consider potential impacts from the introduction of invasive plants. The project proposes no invasive plant species. In addition, the project location is not pristine and non-native plant species have already been introduced into the natural environment by existing urban development in the vicinity. The applicant is willing to add a restriction within the project CC&R's prohibiting non-native plant species along the perimeter and wihin the interior of the project, and such restriction can be added as an additional condition of approval, 10. Any view blockage constitutes a significant impact. The City's determination must be whether an impact is "significant". "An agency may find that an impact to the environment is less than significant if it concludes that the impact is not a substantial adverse change; it need not find a zero impact to conclude that it is less than significant." [National Parks & Conservation Association v County of Riverside (1999) 71 CA4th 1342, 1359.1 The lead agency, in this case the City, must establish its own thresholds of significance, but in determining whether an environmental impact is significant, "the question is whether a project will affect the environment of persons in general, not whether a project will affect particular persons." [Mira Mar Mobile Community, 119 CA4th 477, at 492.] The City's policy 3. 1.8 of the General Plan establishes the threshold of significance in this case, that scenic viewsheds from adjoining properties be preserved to a reasonable degree. Neither this policy nor the CEOA require that viewsheds be preserved in their pristine state. 11 . Alteration of onsite desert landscape constitutes a significant impact. T'he on site desert landscape of the property not a unique resource as it is commonly found in and around the City. No unique plants, features or animals exist or depend on the project site. The site is not in a pristine setting being surrounded on two sides by residential development and on a third by Tram Way Loss of 42 acres of this desert landscape is therefore not significant. Further, the project will require use of only native plant species in its landscaping palette, thereby preserving desert landscape to the extent reasonablypossible. 12. The Air Quality Analysis is inadequate because it fails to consider all construction impacts. The Initial Study considered all simultaneous air quality impacts including construction equipment, rock crushing equipment and water trucks. 13. The Air Quality Analysis is inadequate because it underestimates the operational impacts of fireplace and heating emissions. The air quality analysis prepared for the project focused on summer conditions when ozone standards are frequently violated. This is appropriate because winter is generally a period of excellent air quality in Palm Springs and ROG is an ozone contributor during the day in summer. By contrast, fireplace and heating emissions in Palm Springs generally occur at night in winter. These assumptions were used to model fireplace and heating emissions, accurately concluding that these emissions would not be significant. The alternative air quality analysis proposed by commenters would result in an analysis of nocturnal winter air emissions based upon unrealistic input assumptions about fireplace and heating emissions during a time period when such emissions are not relevant to ozone air quality. The results of such an analysis are inappropriate and misleading. 14. Flooding impacts from Chino Canyon were not addressed. Storm flows discharged from Chino Canyon are diverted around the Crescendo project by the Corps of Engineers Chino Canyon Flood Control Levee. This facility was constructed in 1971 and is recognized in the City's Master Plan of drainage. No evidence has been presented demonstrating that the flood control levee is inadequate. 15. The impacts of traffic noise were not adequately mitigated. Comments contend that the impacts of noise on the project from surrounding roadways are not considered. The noise report determined that traffic volumes on these roads would produce noise levels below City thresholds. In addition, 6-foot high walls proposed around private outdoor living areas would further reduce outdoor noise levels. Consequently, the initial study correctly concluded that the primary noise impacts would relate to construction operations. is. The impacts of crusher noise and vibration were not adequately mitigated. Comments contend that the height of the noise attenuation berm for rock crushing is inadequate. The noise analysis assumed a mean noise source height of 8-10 feet for the rock crushing equipment, which is consistent with actual equipment design and operation. The noise berm height is effective in light of these real world assumptions. Comments have incorrectly assumed that the primary noise source from the rock crusher is at a greater height than is actually the case, and therefore the assumption on which the comments are based is erroneous. Comments contend that ground borne vibration from rock crushing equipment is perceptible % mile from the source. This statement is seriously in error and unsupported by facts including D.O.T publications. Crushing equipment has large springs to absorb vibration to protect the equipment and its operator. This same built in protection limits ground vibration to only a few feet. Based on established standards and equipment measurements, crusher vibration will be imperceptible at any adjacent homes. 17. The traffic analysis should have evaluated additional intersections. Intersections were selected based on Palm Springs and Riverside County traffic study guidelines and no impacted intersections were overlooked. Level-of-service impacts would not be expected at the Palm Canyon Road/Tram Way intersection since the project has no direct access to Tram Way. Similarly, no level of service impacts would be expected on the roadways west of Palm Canyon Drive because the project would add only approximately one car per minute on Racquet Club Road west of Palm Canyon Drive during the AM peals hour and 1.5 cars per minute during the PM peak hour, using conservative (worst-case) trip generation assumptions. 18. The impacts of vacating Vista Grande Avenue were not adequately addressed. Vista Grande Avenue is a looped local street that serves a very limited area and could only be extended within the Crescendo project. As a local street, the road is not shown on the General Plan Circulation element and is not intended as a major circulation road. Consequently, there are no other future developments that might make use of this road. In addition, the Crescendo project has been designed without any street connections that would add traffic to Vista Grande Avenue and without any lots that would take driveway access on Vista Grande Avenue. Therefore, the vacation is appropriate since it leaves sufficient right-of-way to accommodate the existing and future street improvements. 19. Emergency Access/Fire Hazards are not adequately mitigated. Comments contend that the use of gated emergency accesses is inadequate. Emergency access requirements vary from jurisdiction to jurisdiction. The City of Palm Springs Fire Department has reviewed the Crescendo project and determined that the proposed gated emergency accesses provide acceptable secondary access to the project. Comments contend that building sprinklers do not constitute adequate mitigation for projects sited beyond the Fire Department's 5 minute response area. However, the City's Fire Code specifically identifies sprinklering of buildings as the preferred mitigation for projects lying outside the 5-minute response area. Sprinklering is a proven method to slow the spread of fire, thus effectively extending the response time available to fire fighters at a given location. The project complies with this requirement and effectively mitigates portions of the project beyond the 5- minute response area. [Have we confirmed all this with Carl?] Comments contend that, since the project has not obtained approval for use of Tram Way, the project does not comply with emergency access requirements. Tram Way has been dedicated to the City as a public access from the project site to Highway 111, Therefore, emergency vehicles and construction traffic would be allowed to use this roadway, subject to City regulations. 20. Cumulative Impacts are not adequately addressed Air Quality - Air quality emissions occur close to the source for those pollutants that are emitted in their already unhealthful form. Cumulative impacts could occur for those that require additional photochemical or physical/chemical conversions over time and distance before they form smog or other complex pollutants. Unreacted pollutants of concern would include PM-10 and, possibly, CO. There has not been a recorded violation of CO standards in the history of the Palm Springs air monitoring station, therefore any cumulative impacts would involve only dust (PM-10) during construction operations. For a cumulative air quality impact to occur, two or more pollutant sources must be simultaneously active with an exact wind alignment that combines the two sources, if the two sources are not simultaneously active, no cumulative effect can occur. Likewise, if the sources are separated by distance, cumulative impact potential is reduced by virtue of atmospheric dilution of pollutants during transport. Four proposed projects have been identified within reasonably close proximity to Crescendo. These include Boulders, Tramway, Tuscan Hdls and Shadow Rock. These projects are all at different points in the development process and will not be constructed simultaneously. Tuscan Hills is already approved and will enter the construction phase first. Neither Crescendo or Boulders have been approved and the applicant has indicated that construction will be phased with Crescendo preceding Boulders. Finally, the Tramway project has only recently been submitted to the City for processing. Entitlement and development timeframes dictate that it will lag behind the other projects. The Shadowrock project has been delayed since the early 1990s and its development status is uncertain. In addition, it is separated from the project by about a mile making the precise wind alignments necessary to cause a cumulative F,M- 90 impact highly unlikely. For these reasons, cumulative construction impacts are considered negligible for the Crescendo project. Noise - Cumulative noise impacts for Crescendo are negligible because there will be no other major construction during the excavation and rock Y crushing phase. It has further been demonstrated that noise standards for Crescendo and Boulders will be met at the property line. With considerable intervening distance, the noise "signature" from one project will be undetectable at the other site. The lack of simultaneous rock crushing and the negligible off-site extent of any construction noise "envelope-creates zero cumulative impact potential. Water Supply- While the project would result in consumption of additional amounts of water and add cumulatively to the Coachella Valley's overdraft condition, this is not found significant. Desert Water has provided a will- serve letter for the project and, in evaluating larger projects in the City, has concluded that adequate water supplies exist and can be obtained to serve new development. As stated in the Initial Study, mitigation in the form of water management actions currently in effect at DWA and other agencies on a valleywide level, mitigate these cumulative impacts to a less than significant level. 21. The project induces growth on surrounding properties. The project is not located in an isolated area but is an infill development with utilities located at or in close proximity to the site. The waterline extensions associated with the project cannot serve undeveloped properties to the west, which are at elevations too high to receive water service from the existing water tanks. Since the City will not approve new development without a water system, the Crescendo project does not induce growth on these adjacent lands, it merely seeks to serve itself. The extension of sewer is already a requirement of the approved Tuscan Hills project. Since this project is ahead of Crescendo, the sewer line will already be installed when Crescendo is ready to connect. In addition, properties to the west are located within the boundaries of the City's Chino Cone Urgency ordinance and are subject to a development moratorium until a Specific Plan and Environmental Impact Report are approved. Consequently, implementation of the Crescendo project would not induce significant growth on adjacent vacant lands. o� pXLM SA City of Palm Springs Office of the City Clerk w (760) 323-8204 �+c�FoaN�r MEMORANDUM Date: January 6, 2005 To: General Public From: City Clerk NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of January 5, 2005, Public Hearing Item No. 17 TENTATIVE TRACT MAP 31766 —CASE 5.0996 — PD-294 WESSMAN DEVELOPMENT— CRESCENDO PROJECT 1000 WEST RACQUET CLUB DRIVE S OF TRAMWAY ROAD AND W OF VISTA GRANDE AVENUE the public hearing was opened, public testimony was received, and the public hearing was closed. Mayor and Council discussion was continued to January 19, 2005, 7:00 p.m., Council Chamber, 3200 Tahquitz Canyon Way. I, James Thompson, City Clerk of the City of Palm Springs, California certify this Notice of Continuance was posted on January 6, 2005, as required by established policies and procedures. JAMES THOMPSON City Clerk H:\USERS\C-CLK\Desk\ADJ MTG NTC.DOC `➢r V January 5,2005 Mayor Ronald Oden Councilman Mike McCulloch Councilwoman Ginny Foat Councilman Chris Mills Councilman Steve Pougnet Re: Crescendo Project,Tract Map 31766; Case 5.0996—PD-294 Dear Mayor and Council Members: As a homeowner in Palm Springs since 1986,I am very concerned that you intend to approve the above project without an Environmental Impact Report. A project of this magnitude in such an environmentally sensitive area warrants such a report to be filed with the city and reviewed by the public. The citizens of this city depend upon you, our elected officials,to safeguard our health and safety. Attached is a copy of Title 14. California Code of Regulations: Chapter 3 Guidelines for Implementation of the California Environmental Quality Act Article 1 General Sections 15000 to 15007. "These guidelines are binding on all public agencies in California." Section 15003. Policies states: "(a) The EIR requirement is the heart of CEQA. (b) The EIR serves not only to protect the environment but also to demonstrate to the public that it is being protected (c) The EIR is to inform other governmental agencies and the public generally of the environmental impact of a proposed project. (d) The EIR is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its actions. (e) The EIR process will enable the public to determine the environmental and economic values of their elected and appointed officials thus allowing for appropriate action come election day should a majority of the voters disagree." I urge you to disapprove this project until an EIR report is obtained and the public has the opportunity to review and comment on it. Since ly, Donna E. Krause, RN' 2796 Cardillo Avenue Q Palm Springs, CA 92262 \\� Attachment ���` November 17,2004 City Planning Department City of Palm Springs RE: Case 5.0996,PD 294, TM 31766 This will serve as a follow-up to the conversation with Mr. Meyerhoff on November 12. There are a number of issues of concern,mainly water drainage, traffic, and speed on Racquet Club Road,that would occur if this project proceeds,both during construction and after it is completed. The following highlights some of our conversation: • Water running down Racquet Club Road is currently diverted from running onto intersecting streets by asphalt berms at the intersections, as well as an asphalt berm or rolled curb along each property fronting Racquet Club Road from Milo to Tuscan—this was installed in the 1960s when in order to prevent flooding of the properties on the south side, as a result of water draining onto Racquet Club Road. Many intersecting streets (and homes) are below the grade of Racquet Club Road. The Janis Hilltop Estates built also in the 1960s have either rolled or regular curbs, no sidewalks, and water drains off of Milo and Janis Drive onto Racquet Club Road, further heightening the need to protect the south side of Racquet Club. How will this protection be assured and remain in place? • Racquet Club Road from Palm Canyon to Milo at the top is mainly an accumulation of old desert mix added to over the years, with exception of two small improved areas. Requirements must be in place to address the condition of the total street before the project proceeds. Continuous truck traffic could result in excessive stress on this street, and leave it in crumbles. A half-street improvement on the north side only will only exacerbate the situation on the south side,which is manageable at this time. • All truck traffic should be held to a limited number of hours per day—avoiding early morning and late afternoon school hours, and should avoid neighborhood streets. • We are opposed to two-story units,particularly, any such units that"sit,""front" or otherwise appear adjacent to Racquet Club Road. • We are opposed to a perimeter wall surrounding the project, particularly along Racquet Club Road. To prevent a gated and segregated community within our neighborhood,the CC&Rs should address this issue. a PD 224 11-17-04, Sumich Page 2 of 2 • While Tramway Road is a private street,the City and developer should use their influence to permit a temporary access during construction, with appropriate insurance and hold harmless clauses provided by the developer, to hold the number of trucks using neighborhood streets to a bare minimum. • We are not opposed to curbs but we are opposed to sidewalks, which with the exception of one small strip, are non-existent in this area—thus preserving a rural and desert character. • Subdivision Improvement Bond requirements should be stipulated in the resolution of conditions of approval of the preliminary tract map to require that bonds be set at appropriate amounts to assure that the improvements are completed AND should require that such bonds include BOTH inflationary factors and daily damages for failure to complete the improvements within a given period of time—e.g., 5 years—with no more than one short-term extension allowed. City Engineering has historically not called such bonds for projects which did not proceed. Our concern is starting the project, and not finishing at least the subdivision improvements. • Much of the beauty of this area is because homes are nestled into the rocky terrain —this should be preserved in the project design. Not all rocks should be removed or ground up, and those that must be removed, should be hauled away and not ground upon the site. There should be a greater variety of designs— 10-12 of the same house is not agreeable, nor does it fit with the uniqueness of the area. Rooflines and roofing materials should blend with the area. Sincerely, Mathew&Judith Sumich 2485 Tuscan Road(at the corner of Racquet Club) Palm Springs, CA 92262 Palm Springs Economic Development Corporamon H Non-prole l PoollC Interest Coryorallon January 5, 2005 Mayor and City Council City of Palm Springs 3200 E Tahquitz Canyon Palm Springs, CA 92262 Re: Crescendo Project Dear Mayor and City Council: Based on a presentation to our membership and thorough review by committee, the PSEDC Board of Directors urged the Planning Commission to approve the Crescendo project and we urge you to do the same. Our position is based primarily on the following considerations: 1. Palm Springs has a demand for very high-end housing. 2. We understand that per the Planning Commission's request, the developer has reworked the grading plan for the Crescendo project to more closely conform to the existing topography and natural slope of the site and we support that change. 3. This development includes a variety of building elevations, floor plans and architectural details. In addition, the landscape plan incorporates natural materials and existing boulders from the site, all of which assures the overall custom-quality of this project. We rely on the development department at the City to address specific issues relative to these projects for the benefit of all the community. Of course, should you have any questions or want further comment, please do not hesitate to contact me. Sincerely, Jon Caffery President cc: City Manager's Office Cathy Van Horn, Economic Development Post Office gas 3205, Palm Springs, CA 92203 / 7O9-325-1625 / Fox: 700-325-0117 Air Quality Construction Air Quality Impacts: A report published by C.W. Poss,hie estimated that 532,000 tons of rock would be hauled from various portions of the site to the rock crusher, and 532,000 tons of crushed rock would be used on embankments and moved to appropriate onsite locations for that purpose. This work would be accomplished in 6 months or 135 workdays. The C.W. Poss report also estimates that each off-highway truck would be able to haul 13 tons. Given the information in the C.W. Poss report, it will take considerably more than the 2 trucks used in the air quality evaluation of construction emissions to accomplish this with a corresponding increase in exhaust emissions during site preparation. The Initial Study for the proposed project needs to evaluate all potentially significant impacts associated with construction activities. Peak emissions activities for the other criteria pollutants are during construction of the homes and asphalt paving. The URBEMIS model used in the Air Quality Analysis and attached as an appendix shows that paint application will produce emissions of Reactive Organic Gases (ROG) well above the Threshold of Significance(751bs/day). While these emissions are shown in the URBEMIS model output report,the Air Quality Analysis did not include these emissions in the tables within the body of the report and the Initial Study incorrectly identified impacts from construction as less than significant. Emissions from Paint application should be combined with exhaust emissions of construction equipment to predict total pollutant emissions during this phase of construction. Since construction equipment was not designated in the URBEMIS model during construction of the homes, these emissions are underestimated. Construction equipment during this phase would include cement trucks, delivery trucks, portable electric generators, stucco mixers, forklifts and a variety of other miscellaneous construction equipment. Construction equipment used during paving activities but not included in the URBEMIS model are graders, water trucks, asphalt pavers, rollers, and off-highway trucks. The South Coast Air Quality Management District(SCAQMD)has primary and secondary thresholds for construction. The Primary construction thresholds are as follows: 2.5 tons per quarter-year(tons/qtr) of ROG or NOx, 24.75 tons/qtr of CO, and 6.75 tons/qtr for PM-10 or Oxides of Sulfur(Sox). The SCAQMD secondary thresholds for construction are in pounds per day as described in the Air Quality Analysis. The Air Quality Analysis failed to compare project generated construction emissions with the Primary thresholds. All construction emissions need to be compared with both thresholds as shown in Section 6,page 6-4 of the "CEQA Air Quality Handbook(1993)"published by the South Coast Air Quality Management District(SCAQMD). If there is confusion on thresholds, or how to properly model construction activities using the URBEMIS model, you may contact Steve Smith,Program Supervisor, SCAQMD. Long-Term Air Quality Impacts: Fireplace emissions are a major source of pollutants in the wintertime that need to be evaluated to fully disclose potentially significant impacts. In addition to ROG emissions, fireplaces produce significant quantities of CO, NOx and PM-10. Only evaluating for ozone by looking only at surmnertime emissions underestimates the air quality impacts that will occur as a result of the proposed project. It is also noted that the thresholds published by the SCAQMD in the "CEQA Air Quality Handbook(1993)" does not differentiate by time of year(summer or winter). The ROG threshold published by SCAQMD is 55 pounds per day all year long. The City of Palm Springs is free to establish its own CEQA thresholds of significance provided that the City comply with the required public participation and approval procedures needed for adopting CEQA thresholds of significance. However, if the City is to continue to use the thresholds of significance established by SCAQMD,then the City must use them as indicated in the CEQA Air Quality Handbook(1993)." Cumulative Air Quality: The City is disingenuous in its response to cumulative air quality emissions when the City states that air quality emissions "occur close to the source for those pollutants that are emitted in their already unhealthful form." This statement totally ignores air pollution on a regional basis, which is vital in a cumulative analysis. Ozone is a secondary pollutant that is unhealthful and is formed when ROGs react with NOx in the presence of sunlight. As such, ozone is a pollutant of regional concern and needs to be addressed in a cumulative analysis. The air basin in which the project is located is currently in violation of the federal ambient air quality standards for ozone. Noise: Traffic Noise: Since traffic counts were not taken for the adjacent roadways (particularly Tramway Road), the City is unable to evaluate traffic noise. The City simply states that noise impacts from traffic are less than significant without substantiation. Our comments give a"reasonable argument"that there will be a significant impact from traffic noise. The City failed to measure existing onsite traffic noise(noise measurements were given for areas offsite '/4 mile away from the project site in an area of little traffic flow), failed to obtain traffic cotmts f adjacent roadways, and failed to estimate future onsite traffic noise. The fact that the City failed to evaluate this potentially significant impact and propose mitigation does not does not preclude the responsibility of the City to address this potential impact. Rock Crushing Noise: The City contends that since the primary source of noise from rock crushing is 8-10 feet above ground,that no other noise is produced that could be potentially significant. However,the City assumed"rough ground" attenuation in its calculations which requires the noise source to be at ground level. Additionally, loading of the rock crushing equipment will produce significant noise levels at the loading hopers which are well above the 8-10 feet height the City cites. In addition, many hundreds of truck trips as well as earthmoving loaders and dozers will be required in the rock crushing operations which are all significant sources of noise onsite. These mobile sources of noise were not evaluated in the Initial Study, and combined with the rock crushing equipment will produce significant levels of noise that are not mitigated. Traffic: As indicated in our original comment traffic generated by the proposed project is likely to negatively effect other intersections including the alignment of the project access streets to Vista Drive at Racquet Club Drive, Tuscan Road/Girasol Avenue at Racquet Club Road, and Tramway Road at Palm Canyon Drive. Neglecting these intersections, excludes examination of potential impacts the project may impose on the transportation network of the project area. Our comment has given a"reasonable argument"that there will be potential impacts to these intersections. The fact that the City of Palm Springs failed to select these intersections for evaluation does not preclude the responsibility of the City to address these potential impacts. C01IAIITTEE FOR THE PRESERVATION OF LITTLE T17SCANY & CHINO CANYON NEIGHBORHOODS 440 West Chino Canyon Road, Pahn Springs, CA 92262-2906 Tel: (760) 416 1072 Fax: (760) 323 0880 e-mail: littletas canykyahoo.corn October 23, 2004 Dear Neighbors, Wessman Development Co./The Boulders & Crescendo: An Update City Hall is moving quickly towards the public hearing process for both Wessman projects - Boulders and Crescendo. It is important to understand that the Urgency Ordinance passed by the City Council on October 20 does NOT include either Crescendo or the Boulders. Crescendo is the second of these two Wessman projects submitted to the city but the first to issue its required environmental analysis in the form of an Initial Study (IS). On September 30, the city issued the Crescendo IS of 114 pages complete with charts, maps and statistics, which concludes (no surprise) that the project should be approved as a Mitigated Negative Declaration (MND). This means that, provided the developer implements certain mitigation measures, the project, unless successfully opposed by the public, is likely to be approved. You can obtain copies of the Initial Study from the Planning Department and have until November 10 to submit written comments to Alex Meyerhoff, Principal Planner for the project. The proposed Crescendo development has a similar Orange County stepped platform design as the Boulders, and our Committee is concerned that Crescendo, if approved, will serve as a precedent for a similar automatic approval for the Boulders. The Initial Study for the Boulders will likely be issued as early as mid November. All indications are that the City will renege on its earlier commitment to require an EIR for the Boulders. Wessman—and City Hall—are obviously anxious to get both projects approved before the Mountain Preservation Initiative is voted on in a special election in March 2005. This Committee was formed to fight the Boulders, which was originally submitted to the city in June 2003. Thanks to the generosity of some sixty neighbors, we were able to raise necessary funding for legal fees, the creation and printing of our brochure, a web site, six mailings to keep the neighborhood informed, and to copy every significant letter and every significant plan as it appeared in the Boulders files in the City's Planning Department. Within the last few weeks, the Palm Springs Modern Committee, under Peter Moruzzi (Original Chair) and Nickie McLaughlin (Vice President), has created a new entity known as `The Friends of the Palm Springs Mountains" (FPSM) whose mission includes defending the Chino Canyon Cone against projects such as Crescendo and the Boulders. (The Chino Cone is the alluvial fan at the foot of Chino Canyon, roughly bisected by Tramway Road—see Exhibit 3, page 9 of the Crescendo IS). Our Committee is collaborating with FPSM to jointly fund the required technical analyses and the preparation of technical responses to the Crescendo Initial Study. On their part, FPSM have agreed to share with us the comments and advice of their legal counsel who have, under the California Public Records Act, requested all the documents relating to the two Wessman proposals. This collaboration will inform us all and avoid unnecessary duplication of funds and effort There are many issues that need to be addressed and, strengthened by our new alliance, we will continue to address them collectively on your behalf. We ask you, in turn, to check regularly with the City's website, or the Public Notice Board outside City Hall and attend any meetings of the Design Review Committee, the Planning Commission and the City Council when one or other of these projects is listed on their agendas. On our part, we will continue to keep you informed of any major developments regarding these two projects. Finally, if you are receiving this letter via the US Postal Service and you also have Internet access, please send us your e-mail address. We will treat this information in strict confidence, while our ability to communicate electronically with you will save us both time and money. Yours s' cerely, I! John H. Goodri on be o the Committee for the Preservation of Little Tuscany & Chino Canyon Neighborhoods enclosure Summary of Wessman Proposed Proiects in the Neighborhood 0 1. Boulders(46 homes)between Chino Canyon Road and Via Escuela. 0 2. Crescendo (79 homes) between Racquet Club Road, Tramway Road and Vista Grande. Project Crescendo Boulders Number of homes 79 46 Size 42.2 acres 31.3 acres Site design 4 Orange County 3 uniform Orange stepped platforms County stepped platforms Height 2 story homes 2 story homes 24 foot roof heights 24 foot roof heights Grading Mass grading Mass grading Fill Rock crusher on site Rock crusher on site 1 year or more at least 9 months Developer projected $800k- $1.3 million $1.6 - $2.4 million selling prices Type of application PDD PDD Common amenities None None HOA Yes Yes Minimum lot size 15,000 sq feet To Be Determined (R-1 requires 20,000 Proiected City Timetable for Processin¢and for Public Involvement Dates CRESCENDO Dates BOULDERS 09/30/04 Initial Study issued 11/04 Initial Study expected 11/10/04 Deadline for comments 12/04 Deadline for comments on Initial Study on Initial Study projected 11/04 Planning Commission 1105 Planning Commission Public Hearing Public Hearing projected 12/04 City Council Public 2/05 City Council Public Hearing/Decision likely Hearing/Decision projected Copies of the Initial Study on Crescendo are available at City Hall. Submit your comments on the Initial Study by fax or in writing to: Alex Meyerhoff Principal Planner Department of Planning Services Fax (760) 322-8360 City of Palm Springs 3200 E. Tahquitz Way Palm Springs, CA'92262 OVER Potential issues to review and consider for individual comment letters • The city should require a full To prevent residents from Environmental Impact Report petitioning for gating as soon as analysis for both Crescendo and they take over the association the Boulders proposals. project should be conditioned to prevent future gating. • The number of homes proposed is excessive and the proposal too ■ The neighborhoods are unalterably dense. opposed to mass grading. ■ Building heights should not exceed ■ No construction traffic should be 18 feet. permitted on existing neighborhood roadways. • The proposal is not in conformance with the neighborhoods' rural The city should protect the valuable character. architectural and historic value of its neighborhoods and not allow tract • Tract terracing must be eliminated. development on hillsides. The staircase platform plot platform is aesthetically incompatible with • No rock crushing should be allowed the natural contours of the hillside. on-site. • In further conformance with the • The developer must be responsible neighborhoods' rural character, for placing old utilities under there should be no street lighting. ground to maintain visual cohesiveness between existing • Emergency access may be neighborhoods and the new. negotiated with safety officials,i.e. the Palm Springs Fire Department, Due to negative impacts of other County Flood Control,FEMA--but desert projects started but left not such that existing roadways will unfinished for years between market be substantially altered. fluctuations,the neighborhoods insist that the City require a • This plan must consider substantial completion bond from responsibility and liability issues the developer. once the project is completed and the developer is no longer involved. The neighborhoods expect close communications between the ■ Existing homeowners whose developer,the City and designated properties border the proposed neighborhood representatives in development should be afforded an order to mitigate noise, dust, open space buffer and noise control construction traffic and other from any perimeter access road. construction impacts. NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0996 PD-294, TTM 31766 ASSESSORS PARCEL#504-040-046 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 5, 2005. The City Council meeting begins at 7:00 p.m., in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application by Wessman Development for the Crescendo project. The application includes the following elements: ■ Zone Change - In order to provide zoning which conforms to the design reflected on Tentative Tract Map 31766 (including a minimum lot size of 15,000 square feet), a zone change application is required. The proposed project requires a change of the current zoning from R-1-A to PD No. 294 (Planned Development District). ■ Tentative Tract Mao -The project applicant is requesting the approval of Tentative Tract Map No. 31766. ■ Preliminary Planned Development District No. 294 - The project applicant is requesting the approval of a Preliminary Planned Development District to implement the proposed PD zoning. ■ Right-of-Way Vacation - The project applicant is requesting the vacation of the westerly 23 feet of the Vista Grande Avenue right-of-way. The proposed project involves the development of 79 single-family residential lots on approximately 42.2-acres in north Palm Springs. City approval of a tentative tract map (to subdivide the property), a change of zone from R-1-A to PD (to allow minimum lot sizes of 15,000 square feet, minimum interior lot width of 100 feet, minimum cul-de-sac and local street front setback of 10 feet, minimum corner lot side setback of 12 feet and minimum interior lot rear setback of 10 feet), a preliminary planned development district (to implement the PD zone) and the vacation of the westerly 23 feet of Vista Grande Avenue are required. The project is located at 1000 West Racquet Club Drive, south of Tramway Road and west of Vista Grande Avenue, Zone R-1-A, Section 3. The City has prepared an Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program. Mitigation measures addressing Aesthetics, Air Quality, Land Use and Planning, Noise and Utility/Service Systems are included. A copy of the Initial Study and proposed MND can be reviewed or obtained from the City of Palm Springs at the address below. The proposed application, site plan, and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Department of Planning Services, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning Services, (760)323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. Kathie Hart Acting City Clerk i s � r rr r� .��► �� ■ a CITY OF P - CASE NO.: 0.96 .D • iThe Crescendo Project ,planned development district and a tentative , • to construct . . on . ■ ■LICANT: Wessman • Developmentne, v 504-030-011 504-040-045 504-040-046 Shadowrock Stephen Nichols Wessman Holdings Llc 801 E Tahquitz Canyon Way 879 N Palm Canyon Dr 300 S Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-040-047 504-051-001 504-051-002 Stephen Nichols Natalie E Yarnall Mark E Bodon 879 N Palm Canyon Dr 2800 N Vista Grande Ave 73941 Highway 111 1 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Desert, CA 92260 504-051-003 504-051-004 504-051-005 Lyle J Brewer Margaret E Hansen Andrew T Johnson 2775 N Girasol Ave 2763 N Girasol Ave 2749 N Girasol Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-051-006 504-051-007 504-051-008 P Bryan Desiree Warren Laszlo & Susan Nagy 2735 N Girasol Ave 2725 N Girasol Ave 106 N Highland Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Los Angeles, CA 90036 504-051-009 504-051-010 504-051-011 Robert Stone *M* Mitchell N Jewell Frederick A & Patrici Mcalli: 584 Castro St 2712 N Vista Grande Ave 2722 N Vista Grande Ave San Francisco, CA 94114 Palm Springs, CA 92262 Palm Springs, CA 92262 504-051-012 504-051-013 504-051-014 Bruce E Foreman Jay Pasarow Modern 4530 Linnean Ave Nw 2760 N Vista Grande Ave 73941 Highway 111 1 Washington, DC 20008 Palm Springs, CA 92262 Palm Desert, CA 92260 504-052-001 504-052-002 504-052-003 Donald G Alexander Jose B & Durvalina Dacosta Bryan IC Morrison 2696 N Girasol Ave 6783 Cerritos Ave 2669 N Girasol Ave Palm Springs, CA 92262 Long Beach, CA 90805 Palm Springs, CA 92262 504-052-005 504-052-006 504-052-007 Paula Summers Paula Summers Paula Summers 800 N Palm Canyon Dr B00 N Palm Canyon Dr 800 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-053-001 504-053-002 504-053-003 Anthony Streutker F E & Imagene Gladden Candice Johnston 1374 Malaga Cir 2786 N Girasol Ave 39820 Regency Way Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Desert, CA 92211 504-053-004 504-053-005 504-053-006 Eugene M & Ina Lube Michael S Brooks Robert W & Melissa Powell 2780 N Girasol Ave 2770 N Girasol Ave 2760 N Girasol Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-053-007 504-053-008 504-053-009 Maurice K Mcguire G Kevorkian Earle Herdan 6641 Clear Springs Rd 2734 N Girasol Ave 1322 S Rimpau Blvd Simi Valley, CA 93063 Palm Springs, CA 92262 Los Angeles, CA 90019 504-053-010 504-053-011 504-053-012 F Folsom Wayne F Thies Horst E & Astrid Bender 2710 N Girasol Ave 2711 N Cardillo Ave 1210 E Del Mar Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-053-013 504-053-014 504-053-015 Randy L Guymon Bill & Stacy Tibbitts John N Hanson 2727 N Cardillo Ave 2733 N Cardillo Ave 9902 Windward Dr Nw Palm Springs, CA 92262 Palm Springs, CA 92262 Olympia, WA 98502 504-053-016 504-053-017 504-053-018 Salvador B Medina Jeffrey W & Mary Noble Griselda Bazua 2753 N Cardillo Ave PO Box 622 2797 N Cardillo Ave Palm Springs, CA 92262 Redlands, CA 92373 Palm Springs, CA 92262 504-071-001 504-071-002 504-071-003 Costache H & Ana Donos Theodora S & Khemarin Seng Khemarin Seng 67360 San Fidel Way 744 Niantic Dr 744 Niantic Dr Dsrt Hot Spgs, CA 92240 Foster City, CA 94404 Foster City, CA 94404 504-071-004 504-071-005 504-071-006 Rory S & Elizabeth Glass Raymond W Keck Stuart W & Christy Stephens 2625 N Cardillo Ave 2595 N Cardillo Ave PO Box 326 Palm Springs, CA 92262 Palm Springs, CA 92262 Trabuco Canyon, CA 92678 504-071-007 504-161-001 504-161-002 Elizabeth A Levy Tuscany Heights Llc Tuscany Heights Llc 2535 N Cardillo Ave 77900 Avenue Of The States 77900 Avenue Of The States Palm Springs, CA 92262 Palm Desert, CA 92211 Palm Desert, CA 92211 504-161-009 504-161-010 504-161-011 Tr Knowles Kristian A Vilas Kelly D Robinson 3004 Hyperion Ave 2401 N Milo Dr 2425 N Milo Dr Los Angeles, CA 90027 Palm Springs, CA 92262 Palm Springs, CA 92262 504-161-012 504-162-001 504-162-002 Robert H & Barbara Graham John J Piro Roger D Duchowny 2431 N Palermo Dr 2498 N Milo Dr PO Box 1302 Palm Springs, CA 92262 Palm Springs, CA 92262 Crest Park, CA 92326 504-162-003 504-162-004 504-162-017 Dent Hand Gerald Whitted Joel Thayer 672 Tyner Way 2366 N Milo Dr 2363 N Janis Dr Incline Village, NV 89451 Palm Springs, CA 92262 Palm Springs, CA 92262 o ( J 504-162-018 504-162-019 504-162-020 Craig S Bautzer Trademark Construction Cc Inc James P Lenny 2405 N Janis Dr 183 Seville Cir 9454 Wilshire Blvd 600 Palm Springs, CA 92262 Palm Desert, CA 92260 Beverly Hills, CA 90212 504-171-001 504-171-002 504-171-003 Michael R Laborde Nick Maston Michael Schaefer 2490 N Janis Dr 2444 N Janis Dr 15 W 72Nd St Palm Springs, CA 92262 Palm Springs, CA 92262 New York, NY 10023 504-171-004 304-171-017 504-171-018 Christina Minervini Norman L Tullis Mary Dracsko 2360 N Janis Dr 2355 N Vista Dr PO Box 284 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92263 504-171-019 504-171-020 504-172-001 Steven Niethamer Larry & Connie Bramoweth Lois M Kanya 2425 N Vista Dr 911 W Racquet Club Rd 2494 N Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-172-002 504-172-003 504-172-004 Ramona & Florian Hoertner Giovanni Rabolini Thomas R Holmes PO Box 1413 2161 N Girasol Ave 990 W Via Olivera Brea, CA 92822 Palm Springs, CA 92262 Palm Springs, CA 92262 504-172-005 504-172-007 504-172-008 Tr Benedetto Ana Schram Tr Sexauer 33 San Bonifacio 25251 Sacul P1 2391 N Palermo Dr Rcho Sta Marg, CA 92688 Laguna Niguel, CA 92677 Palm Springs, CA 92262 504-172-009 504-172-010 504-181-001 Karl Deshayes Peter Zampaglione Kathleen A Whisenand 2431 N Palermo Dr 2495 N Palermo Dr 2480 N Palermo Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-181-002 504-181-003 504-181-004 Simon A & Terri Housman Anthony B & Denise Hoetker William L & Nina Durkin 2430 N Palermo Dr 2481 N Cardillo Ave 2360 N Palermo Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-181-007 504-181-008 504-181-009 James L & Gloria Ridley Benton & Tani Beckley Jeff Prettyman 679 S Juanita St PO Box 1000 28466 Taos Ct Hemet, CA 92543 Palm Springs, CA 92263 Cathedral City, CA 92234 504-181-010 504-181-011 504-182-001 Carol A Casper Bonnie Zepf Deeanna G Howard 2369 N Leonard Rd 2359 N Leonard Rd 2480 N Leonard Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-182-002 504-182-004 504-182-008 Tr Sumich Mark D & Lisa Welser Rose M & Benton Beckley 2485 N Tuscan Rd 2425 N Tuscan Rd PO Box 1000 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92263 504-182-009 504-182-010 504-183-001 Eric M & Joan Sanderson Deeanna G Howard Lee Walton 2380 N Leonard Rd 2480 N Leonard Rd 2475 N Via Monte Vista Vis Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504-183-008 504-183-009 504-183-010 Dan M & Janet Ainsworth John E Campbell John H & Doris Oberle 2424 N Tuscan Rd 2460 N Tuscan Rd PO Box 1012 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92263 504-371-002 504-371-003 504-371-004 William L & Shirley Gray Hilary Wills Tr Goldman *M* 690 W Racquet Club Rd 2545 N Girasol Ave 425 N Maple Dr 504 Palm Springs, CA 92262 Palm Springs, CA 92262 Beverly Hills, CA 90210 504-371-005 504-371-007 504-371-008 Bank Of San Pedro Vito & Cheryl Orlando Susan M Nahabedian 705 N Girasol Ct 183 Mountain Ave PO Box 2644 Palm Springs, CA 92262 Pompton Plains, NJ 07444 Palm Springs, CA 92263 504-371-009 504-371-010 504-371-011 Harry W & Christine Richards( Craig W Dunn Dennis Marchese 12016 NE 62Nd St 2772 Inverness 755 N Girasol Ct Kirkland, WA 98033 Mission Viejo, CA 92692 Palm Springs, CA 92262 504-372-001 504-372-002 504-372-006 Kurt Von Hertsenberg Ben & Marge Hall Theodore Babcock 2622 N Girasol Ave 2592 N Girasol Ave 6233 Allott Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Van Nuys, CA 91401 504-372-007 504-372-008 *** 113 Printed *** Negtar Yeranoslan Dane M Feldman 5323 E Beverly Blvd 2532 N Girasol Ave Los Angeles, CA 90022 Palm Springs, CA 92262 IWL �• 302 504-071-0 ,� Theodora S & Khemar r Sen �V 1 504-071-003 � it o"y'� 744 Niantic Dr �'d \ V ��` •�� Khemarin Seng f�9 DEG 202ft)i Foster City, CA 94404 744 Niantic Dr Foster City, CA 94404 Y P U. 13ox 2743 S�/FORN�P Paim Springs, California 92263-2743 504-171-018 Mary Dracsko �� �DC`0' h PO Box 284 Palm Springs, CA 92263 PdG� �9°dtc , CT, y RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND APPROVAL OF CASE NO. 5.0996 FOR PLANNED DEVELOPMENT DISTRICT 294 (PD-294) AND TENTATIVE TRACT MAP 31766 FOR THE CONSTRUCTION OF A 79-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT, LOCATED AT 1000 WEST RACQUET CLUB DRIVE, WEST OF VISTA GRANDE AVENUE, SOUTH OF TRAMWAY ROAD, ON APN#594-040-046, ZONE R-1-A, SECTION 3. WHEREAS, on February 19, 2004, Wessman Development ("Applicants") filed an application with the City pursuant to Sections 9403.00 and 9402.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan for a 79-unit single family residential project, for the property located at 1000 West Racquet Club Drive, south of Tramway Road and west of Vista Grand Avenue, on APN #594-040-046, Zone R-1-A, Section 3; and WHEREAS, the applicant has filed an application with the City pursuant to Section 9.62.00 et. seq. of the Municipal Code for Tentative Tract Map 31766 for the subdivision of a 42 acre parcel into a 79 numbered lots and additional lettered lots; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for a Tentative Tract Map and a Planned Development District 5.0996, PD- 294 (PD 294)was issued in accordance with applicable law; and WHEREAS, said Planned Development District and Tentative Tract Map were 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, on April 20, 2004, the Office of Neighborhood Involvement and Public Participation convened a neighborhood meeting to provide information on the project to the community; and WHEREAS, on May 10, 2004 and July 26, 2004, the Design Review Committee reviewed this project; and WHEREAS, a City Council subcommittee was formed to meet with the neighborhood residents to listen to their concerns; WHEREAS, on several occasions the City Council subcommittee met with the neighboring residents to listen to their concerns; and WHEREAS, on November 4, 2004, at the Planning Commission Study Session, the Planning Commission reviewed the project; and too WHEREAS, on November 10, 2004, November 24, 2004, December 8, 2004, and December 22, 2004 a public hearing on the application for Tentative Tract Map 31766, Planned Development District 294, the Mitigated Negative Declaration and Mitigation Monitoring Program was held by the Planning Commission was held in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented; and WHEREAS, on December 22, 2004, the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on January 5, 2004, a public hearing on the application for Tentative Tract Map 31766, Planned Development District 294, the Mitigated Negative Declaration and Mitigation Monitoring Program was held by the City Council was held in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the project. Section 2: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance for the underlying R-1-A zone, single-family residential development (single family residences) is a permitted use. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of subdividing 42 acres into 79 single-family lots. The site has a current zoning designation of R-1-A (minimum 20,000 square feet) and a General Plan designation of Residential Low (2du/ac). The applicant is proposing a Planned Development District (PDD) and Tentative Tract Map (TTM 31766). The project will be provided access from Racquet Club Road. The development will have secondary emergency-only access from Tramway Road and Vista Grande Avenue. Recreational amenities, including open space through the provision of a pedestrian trail around and through the project will be provided and maintenance will be under the auspices of the Home Owners Association. The PDD includes modified minimum lot sizes of 15,000 sq. ft. House sizes will range from 1,500 square feet to 2,845 square feet. The maximum lot coverage is 35%, which is consistent with General Plan requirements. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. This Planned Development District application proposes to provide specific development standards for the project as well as a preliminary development plan as provided for by Zoning Code Section 9403.00. Approval by the Planning Commission and City Council of the preliminary development will constitute approval of the Preliminary Planned Development District. Pursuant to the R-1-A zone, Section 92.01.01.D.10 of the Zoning Ordinance, in order to encourage a more creative approach in the development of land and to allow for more usable open space areas, large scale residential developments may be permitted on site of not less than four and one half acres of land. The land is required to be developed as an integrated unit, conforming to density and all other property development standards except that lot area, lot dimensions, and yards may be modified: provided the overall development equals the general quality of development in this zone. A number of facts exist in support of this application for PD-294, including the provisions for common area improvements with areas devoted to the common open space trail and recreation amenity in addition to the provision of private rear yards proposed as part of this project The site is adequate in size and shape to accommodate the proposed uses, and the proposed project is within allowable density of the underlying R-1-A. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. The project will also contribute to providing pedestrian connectivity in the neighborhood, through the provision of the 4,900 foot pedestrian trail. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. 3 1 Section 3: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 et. sec. of the Zoning Ordinance, the City Council finds that: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the Residential L-2, Low -Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. b. The design and improvements of the proposed 'Tentative Tract Map are consistent with the underlying R-1-A zone in which the property is located. The proposed project is consistent with existing development in the vicinity. The proposed lot sizes are consistent with existing development lots in the vicinity. The proposed uses, single family residences are consistent with existing residential development in the vicinity of the proposed project. C. The site is physically suited for this type of development. The project is surrounded on two sides, to the south and to the east by single family development. The proposed project is consistent with sound planning practices, utilizes existing infrastructure in the area, and continues the existing development patter. The project site and each lot contain adequate developable building area. The maximum building or lot coverage proposed is 35%, which is consistent with the General Plan. The project does not include leap-frog development characteristic of sprawl. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. City zoning criteria for the underlying R-1-B zone and L-2 General Plan designation encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. Pursuant to Section 92.01.00 of the Zoning Ordinance, large scale residential developments may be permitted on sites of not less than four and one half acres of land. The land is required to developed as an integrated unit, conforming to density and all other property development standards except that lot area, lot dimensions, and yards may be modified, provided the overall development equals the general quality of development in this zone. The proposed project will allow for a housing opportunity which provides common open space amenities, public street and smaller lot sizes. This type of housing product has provided a necessary niche in the housing inventory for the City of Palm Springs. The General Plan Designation of L-2 permits establishment of a maximum of 2 dwelling units per acre for single family housing. The proposed project would consist of the development of a 42 acre site. The proposed density of Phase II is 79 units or 1.88 dwelling units per acre, less than the allowed 2 dwelling units per acre anticipated by the IA General Plan. The overall density allowed with the low density (L2) General Plan designation is 84 units. Therefore the proposed density for the project is in accordance with the General Plan. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish,wildlife, or their habitats. The Initial Study prepared for the project determined that the project is adjacent to existing developments to the south and east. Through the implementation of the proposed mitigation measures, any environmental impacts regarding animal or plant life will be reduced to a level of less than significant. There are no bodies of water on the subject property and therefore no fish will be disturbed. A number of easements transect the property. The Whitewater Mutual Water Company holds an easement for pipelines. An existing irrigation line is to be relocated and the easement quitclaimed regarding the Whitewater Mutual Water Company easement. Southern California Gas holds as easement for pipelines that will be quitclaimed. California Electric Power Company holds a 20' wide easement for pole line and incidental purposes that will be quitclaimed. California Water and Telephone Company hold a 10' wide easement for pole anchor purposes that will be quitclaimed. Lastly, Southern California Edison holds a 10' wide easement with facilities and those power facilities will be relocated and the easement quitclaimed. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby orders the filing of a Mitigated Negative Declaration and approves the Mitigation Monitoring Program for PD-294, approves PD-294 and Tentative Tract Map 31766, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 5th day of January, 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed andApproved as to Form: 5 Ir L*A Y� EXHIBIT A CASE 5.0996 PD-294, CRESCENDO PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD #294) TENTATIVE TRACT MAP 31766 1000 WEST RACQUET CLUB DRIVE APN # 594-040-046 WESSMAN DEVELOPMENT CONDITIONS OF APPROVAL APPROVED: JANUARY 5, 2005 EXPIRES: JANUARY 5, 2007 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0996, PD-294 and TTM 31766. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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 ti property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The applicant, prior to issuance of building permits, shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 5. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $585 filing fee, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 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. 7. 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/a% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based 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. 8. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. 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 of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. Environmental Assessment: 9. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment Final Design: 10. If, within two (2) years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(1), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the Planned Development District and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause. 11. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 12. Pad heights and roof elevations shall be specified for each lot as a part of the Final Development Plan. 13. No retention basin may extend past property lines of the project site. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 15. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16, A photometric study shall be required for the entries. Architecture and Landscaping: 17. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 18. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 19. No exterior down spouts shall be permitted on any fagade on the proposed building(s) that are visible from adjacent streets or residential land commercial areas. 20, The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. The street address numbering/lettering shall not exceed eight inches in height. 22. Details of fencing (materials and color) submitted with final landscape plan. 23. The path of travel to the common trail area shall be compliant with the disabled access codes. 24. Front and rear yards shall be fully landscaped prior to issuance of a certificate of occupancy. The landscape palate shall utilize drought tolerant species. Planting of turf shall be prohibited from front yards. Turf shall otherwise be limited to active recreation areas in rear yards only (including private yards). The utilization of desert vegetation shall be incorporated throughout the project site. The developer shall be responsible for installation of front and rear yard landscape, irrigation and exterior lighting. The HOA will be responsible for enforcement of these requirements. 25. Planned Development District (PD #294) development standards are approved as follows: Front Yard: 10', with 20' to face of garage Side Yard — Interior Lot 10, Side Yard —Corner Lot 12' Rear Yard — lot to lot 15' Rear Yard — backing to Local or Collector street 15' Rear Yard — Backing to Major Street 25' 26. The minimum house size shall be 1,500 square feet, with a mix of housing sizes up to 2,845 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. The maximum lot coverage shall be 30% of the net lot area. 27, A perimeter pedestrian trail, a minimum of 6' (six foot) in width shall be required around the project. A minimum of three shaded seating areas, with water fountains and trash receptacles, shall be required. The specific locations of the seating areas shall be selected in consideration of maximizing views, while also maintaining the privacy of adjacent parcels. 28. Hillside related conditions: a) Disturbed areas not proposed for development shall be re-naturalized and re- vegetated. b) Utilize low lighting levels to avoid glare c) All public utilities shall be located underground. d) Plant species native to the immediate region shall be used in all non-recreational landscaping located in or adjacent to open space areas. X Co General/Grading: 29. Maximum pad heights shall be specified for each lot and shall be approved as part of the Final Planned Development District. 30. Prior to the 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. 31. 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. 32. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. POLICE DEPARTMENT 33. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 34. Prior to any construction on—site, all appropriate permits must be secured. FIRE 35. 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) 36. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 37. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 38. Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. 39. 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. 40. 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) 41. An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 42. Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 43. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 44. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. TRAMWAY ROAD 45. Improvements listed below for Tramway Road are required in accordance with the Improvement Certificate on Parcel Map 23130, as shown by Map on file in Book 181, Pages 50 to 53, inclusive, of Parcel Maps, records of Riverside County, California: 46. Construct a 6 inch curb and gutter, 38 feet southeast of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 47. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 48. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 north of the end of "E" Street for service and emergency vehicle access into the development. 49. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches of crushed misellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement at centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 50. If improvements to Tramway Road are deferred pursuant to City Council action, the applicant shall deposit the engineer's estimate of the cost of the required improvements for construction by others in the future, prior to final map approval. If improvements to Tramway Road are required pursuant to City Council action, the applicant shall coordinate with the Tramway Authority regarding construction scheduling and coordination of work occurring on Tramway Road. 51. Construct a 6 inch thick concrete driveway from Tramway Road to the north end of "E" Street as necessary to provide emergency vehicle access into the development. An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall. RACQUET CLUB ROAD 52. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 53. Construct a new 54 feet wide street intersection for "A" Street, located approximately 320 feet west of the intersection of North Leonard Road, and a new street 54 feet wide intersection for "E" Street, located approximately 15 feet east of and just offset from the intersection of North Milo Drive, both as shown on the approved Tentative Tract Map, with 25 feet radius curb returns and spandrels, and a 6 feet wide cross gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 54. Entry designs for access into the development from Racquet Club Road shall be reviewed and approved by the City Engineer. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. A minimum of 50 feet for vehicle stacking in advance of the key card or control unit for gate access shall be provided, with a turn-around maneuvering area in front of the entry. Final design shall also be subject to review and approval by the Fire Marshall. 55. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. A landscaped parkway between the curb and sidewalk may be provided, subject to the review and approval of the City Engineer and Director of Planning Services. 56. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the intersections of "A" and "E" Street and Racquet Club Road in accordance with City of Palm Springs Standard Drawing No. 212. 57. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches of crushed misellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement at centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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. 58. Install an end of road barricade and appropriate traffic signs at the westerly end of Racquet Club Road. VISTA GRANDE AVENUE 59. Construct a 6 inch curb, 5 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 60. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 at the corner of Vista Grande Avenue and Girasol Road for service and emergency vehicle access into the development. 61. Construct a 6 inch thick concrete driveway from the driveway approach at the corner of Vista Grande Avenue and Girasol Road to the north end of "D" Street as necessary to provide emergency vehicle access into the development. An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall. 62. Construct a minimum pavement section of 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage. Additional pavement removals or asphalt concrete pavement overlay shall be installed in order to construct a cantilevered pavement section with a cross-slope of 2% from the proposed curb face. It 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. ON-SITE STREETS 63. All centerline radii shall be a minimum of 130 feet. 64. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs standards with a minimum 43 feet curb radius. 65, All "knuckles" for on-site streets shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 66. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 67. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire Marshall), for emergency vehicle ingress and egress, over Lot 24 as necessary to provide access from Vista Grande Avenue to the north end of"D" Street. 68. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire Marshall), for emergency vehicle ingress and egress, over Lots 47 and 66 as necessary to provide access from Tramway Road to the north end of"E" Street. 69. The typical section for "A" through "G" Streets indicating a 24 feet wide travel way, as shown on the Tentative Tract Map dated August 31, 2004, is not approved. A minimum 28 feet wide travel way shall be constructed to provide for parking along on side of the on-site streets; and a roll or wedge curb shall be constructed to adequately convey on- site stormwater runoff and nuisance water to on-site drainage systems. Construct a roll or wedge curb acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. A minimum 28 feet wide travel way shall be provided on all on-site streets. Parking shall be restricted along one side of all on-site streets, as necessary to maintain a 20 feet wide clear travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along one side of all on-site private streets. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 70. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be required for all on- site cul-de-sacs. 71. Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 72. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 73. 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. 74. If sewer service is required from Racquet Club Road, extend the existing 8 inch sewer main across the entire Racquet Club Road frontage as required by the City Engineer. 75. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system. 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. 76. Dedicate various easements with a minimum width of 20 feet across interior lots as necessary to implement the on-site sanitary sewer system. The sewer easements shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the sewer system within the easements. 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 easements shall not be allowed. Sewer easements shall not be located within cut or fill slope conditions, except �A\ L. where the sewer passes from a higher street to a lower street through the rear yard of interior lots. Along side yards, the toe of cut or fill slopes shall be located at or beyond the limits of the sewer easements, as required by the City Engineer. 77. Provisions for maintenance of the public sewer easements, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the public sewer easements across the various lots within the development. The CC&R's shall advise the property owners of the City's right to enter the properties, clear and remove any and all obstructions within the 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 easements in the event repair or replacement of the existing sewer or 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 78. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. 79. The first submittal of the Grading Plan shall include the following information: a copy of the final approved conformed copy of the Conditions of Approval; a copy of the final approved conformed copy of the Tentative Tract Map and/or Site Plan; a copy of a current Title Report; a copy of a Geotechnical/Soils Report; and a copy of the associated Hydrology Study/Report. 80. 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. 81. 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. 82. 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. 83. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 84. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tentative Tract Map 31766, prepared by Hunsaker & Associates (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but, not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 85. Required retention basins shall not be located within parkways or exterior locations where they are visible to the public, unless otherwise approved by the City Council. Retention basin locations, design, depth, and improvements shall be subject to the review and approval of the City Engineer and Director of Planning Services. 86. An existing 25 feet wide drainage easement exists across the western boundary of the development. This easement exists for the purpose of constructing Line 2 from the Master Drainage Plan of the Palm Springs Area, in coordination with Riverside County Flood Control District (RCFC). Realignment of the existing drainage easement within "G" Street, as proposed on the Tentative Tract Map, will require approval of RCFC, following review and approval of storm drain improvement plans for Line 2 from the Master Drainage Plan of the Palm Springs Area. The developer shall be responsible for preparing a complete set of storm drain improvement plans for the entire reach of Line 2, from the southern edge of Chino Canyon to the Chino Canyon Levee. Plans shall be submitted to RCFC for review and approval. Prior to issuance of a certificate of occupancy, the developer shall construct the segment of Line 2 across the project, and extensions north and south of the property, acceptable to the City and RCFC, sufficient *% G 14 to avoid future impacts to property owners within the development. Upon the completion of the construction of Line 2 within "G" Street, following RCFC acceptance, the City shall initiate proceedings to vacate the existing 25 feet wide drainage easement across the western boundary of the project. 87. In the event the design of Line 2 is not completed, is not approved by Riverside County Flood Control District (RCFC), or the segment of Line 2 across the property is not constructed and accepted by RCFC, the existing 25 feet wide drainage easement and 12 feet wide temporary construction easement located across the western boundary of the property shall remain. 88. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Validated costs incurred for the design and construction of Line 2 may be credited toward the drainage fee otherwise due. The developer shall provide copies of all invoices and fees, and appropriate records evidencing payment of design and construction costs related to Line 2 in order to receive credit toward the required drainage fee. GENERAL 89. A combination bikepath and pedestrian trail system shall be constructed along the perimeter of the development providing public access into and around the property. The bikepath and pedestrian trail system shall be constructed to the satisfaction of the City Engineer and Director of Planning Services. Easements for public access into and around the property shall be dedicated to the City on the final map as required to allow public use of the bikepath and pedestrian trail system. 90. 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. 91. All proposed utility lines shall be installed underground. 92. All existing utilities shall be shown on the grading and street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 93. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 94. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all \1, (' \1 above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. 95. The existing overhead utilities across the northerly property lines meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off- site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. 96. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 97. 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. 98. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 99. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 100. 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. 101. Prior to approval of a final map, the developer shall dedicate to the City of Palm Springs, by separate instrument, a 12 feet wide temporary construction easement adjacent to the east side of the 25 feet wide drainage easement, for the purposes of the future construction of Line 2 from the Master Drainage Plan of the Palm Springs Area in its original alignment (as required by the Improvement Certificate recorded concurrently with Parcel Map 23130). Following approval of storm drain improvement plans for Line 2 \,f\ c' kt by Riverside County Flood Control District (RCFC), the City shall quitclaim the temporary construction easement, provided RCFC's approval includes a realignment of Line 2 through "G" Street as proposed on the Tentative Tract Map. 102. In accordance with Section 66434 (g) of the Government Code, the existing 25 feet drainage easement may be abandoned upon the filing of a Final Map identifying the abandonment of the easement dedicated to the City of Palm Springs. Abandonment of the existing drainage easement upon the filing of a Final Map may only occur upon completion of construction of Storm Drain Line 2 within "G" Street, and written authorization from the Riverside County Flood Control District and the City Engineer. 103. In the event construction of the segment of Line 2 from the Master Drainage Plan of the Palm Springs Area across the development is not completed prior to approval of a final map, a Covenant in a form approved by the City Attorney shall be recorded against all impacted lots that are affected by the future construction of Line 2 (as determined by the City Engineer) in either its original alignment or realignment. The Covenant shall advise future homeowners of the potential temporary impacts related to a significant public works construction project across or adjacent to their property, as well as the requirement to provide the City and the Riverside County Flood Control District (RCFC) any and all access and temporary rights to the property necessary to implement the Master Drainage Plan and construct the regional flood control improvement. The Covenant shall be approved by the City Attorney and executed by the owner prior to approval of a final map. Following construction and acceptance by RCFC of the segment of Line 2 across the development, the City shall prepare and record a Release of Covenant against the impacted lots for which a Covenant was recorded. The applicant shall deposit $2,000 with the City for preparation of the covenant by the City Attorney and shall be responsible for all costs in the preparation and approval thereof. TRAFFIC 104. Furnish and install a decorative street light at the northwest corners of the project's main entrances ("A" and "E" Streets) on Racquet Club Drive to the satisfaction of the Director of Planning Services and the City Engineer. 105. Submit traffic striping plans for improvements to Racquet Club Road prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 106. Street name and stop signs shall be required at each on-site street intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 107. A 24 inch stop sign and standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 each exit onto Racquet Club Road ("A° and "E" Streets). 108. 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 �A ( k and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 109. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. 110. All residential lots shall be designed to provide adequate drainage to the adjacent on-site streets. LO