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HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 1.D. Page 1 of 1 Craig Ewing om: Penn Estes [pennestes@dc.rr.com] nt: Wednesday, February 20, 2008 5:02 PM To: 'Craig Ewing'; edward.robertson@palmsprings-ca gov Cc: 'Penn Estes'; Joy Silver Subject: Continuance Craig and Ed, After our last conversation I concur that we do not have enough time within the guidelines to get notices in the mail and get the responses back to you for distribution Io the city. As such, please provide RainbowVision Palm Springs a continuance for March 191h Thank you all for your efforts and time today on this poini. Kind regards, Penn Estes, CMS T:760.880.8824 F:646.219.8558 pennestes@dc,rr.com pennestes_Qyahoo.com CONFIDENTIALITY NOTE:TI-I IS E-MAIL TRANSMISSION IS INTENDED ONLY rOR IHE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this transmission is NOT the intended recipient or the employee or agent responsible to deliver it to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is striclly prohibited If you have received this communication in error,please notify Penn Estes immediately by telephone at 760.880.8824 and delete this message from your system • • 2 0/0 �r �d 2/20/2008 Gary and Susan Boskovich 4193 Matthew Drive Palm Springs, CA 92264 February 18, 2009 Palm Springs City Council C/O .Tames Thompson, City Clerk 3200 E. Tahquitc Canyon Way Palm Springs, CA 92264 Re: RainbowVision of Palm Springs To Whom It May Concern: As we live on the south of the proposed project the 45-foot height request will block the scenic view from our property- Visitors to the Coachella Valley do not want tall buildings that block the view of the surrounding landscapes. They leave the city to come to the Desert for the views and low-lying buildings. We have reviewed information from the planning department where additional height can be requested and made into a high-rise project,which also requires approval of a conditional use permit. It is stated there is a setback of 125 feet from Palm Canyon and 105 feet for Matthew Drive, but with the request for additional height to 45 foot should there be an increase in the setback? By allowing this project to go through A the 45-foot height you are opening a situation where others will want the same increase in height. We will be loosing the simplicity of the Palm Springs area and become just like any other city. You will be limiting your draw of the tourists to this area. Again, we would like to praise you on a very worthwhile project. Your landscaping and overall look is very appealing, and we hope you take into consideration the height issue. Thank you very much for your patience and understanding,we are only trying to do what is right for the common good of the area- SIPcerely, Gary and Susan Boskovich Additional Material 212O108 -- --Item 1 .D. __-- r QALM$,* -y a c , z z C'941FOM1��P CITY COUNCIL STAFF REPORT m v DATE: FEBRUARY 20, 2008 PUBLIC HEARING SUBJECT: CASE 5.1135 PD334, A PLANNED DEVELOPMENT DISTRICT, AND CASE TTM 35623, A TENTATIVE TRACT MAP, TO CONSTRUCT 184 CONDOMINIUM UNITS AND ONE COMMERCIAL STRUCTURE ON m APPROXIMATELY 13.28 ACRES AT THE SOUTHWEST CORNER OF C EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE WR3, m SECTION 30, APNS 681-170.038 AND -039. r FROM: David H. Ready, City Manager O BY: Department of Planning Services SUMMARY Rl The City Council will consider a request by RainbowVision Palm Springs, LLC to create Z a one lot subdivision for condominium purposes and to establish a Planned Development District (PDD 334) for the construction of a retirement community consisting of a total of seven structures. This report replaces the staff report presented to the City Council on February 6, 2008. A public hearing is required for this project. v RECOMMENDATION _ 1. Open the public hearing and receive public testimony. N 2, Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELMINARY DEVELOPMENT PLANS FOR CASE 5.1135 PD334 AND APPROVING CASE TTM 35623 FOR CONSTRUCTION OF 184 CONDOMINIUM UNITS AND n GRAND CENTRAL BUILDING AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE WR3, SECTION 30.° Item 1 . 1) . City Council Staff Report February 20,2003 Case:5.1135 PD334,TTM 35623 Page 2 of 5 PRIOR ACTIONS MU At its regular meeting of January 9, 2008, the Planning Commission recommended r approval of the project to the City Council by a vote of 6-0. At its regular meeting of February 6, 2008, the City Council requested that this item be Z continued by a vote of 5-0. The purpose of the request was to clarify building heights Z and to include discussion of any community meetings the applicant has held. m ANALYSIS The proposed project is located at the southwest corner of East Palm Canyon Drive and Matthew Drive. The property is vacant and is approximately 13.28 acres in size and generally flat. East Palm Canyon Drive is designated as a Major Thoroughfare (4-lane divided). The subject property also has frontage on Matthew Drive which is designated D as a Collector Road and Linden Way which is designated a Local Road. The project m does not provide access to East Palm Canyon Drive; access is taken from Matthew Drive and Linden Way. C m The structures will consist of six 2- and 3-story residential buildings, containing 184 r condominium units, surrounding a two story "'Grand Central"" building that provides amenities such as a fitness/wellness center, spa, dining, nightclub/cafe and activity 0 rooms. Project amenities will be open to the general public. The project includes 0 construction of underground and at-grade parking, pool, and tennis stadium. Parking. m Under the provisions of Section 93.06.00 of the Zoning Code, the applicant is required Z to provide 330 spaces for residential use, 109 spaces for commercial use for a total of 439 parking spaces. The applicant proposes to provide 405 total parking spaces; 294 in a subterranean parking structure for residents and 111 surface spaces for guests and commercial uses. 46 surface parking spaces are reserved for guests and the remaining 65 surface parking spaces are allocated to the Grand Central building. D The applicant proposes to provide all required parking for residential uses and is -- requesting a 44 space (10%) reduction to the requirement of the Grand Central building. Staff supports this reduction in that it is likely that many of the patrons to the Grand Central building will be on-site residents who are not required to drive to the facility. The project is also providing 14 handicap parking spaces in the underground parking structure and 5 surface spaces, which meet ADA requirements. _ Architecture: n The architectural style is predominantly modern, however, it is not meant to reference a particular vernacular. The architecture is based on simple forms and the use of a minimum number of materials. The forms are interlocked and heights (up to 43 feet for 000021 City Council Staff Report February 20,2008 Case 5 1135 PD334,TTM 35623 Page 3 of 5 parapets) vary for visual interest. At the same time the forms are repeated for unity, order and rhythm. The buildings integrate both two and three story elements that accentuate the variety in the massing. All window openings are provided with solar r shades. The exterior walls are constructed with an ICF (insulated concrete form) n system. This system is composed of recycled Styrofoam and has excellent thermal and fire resistant characteristics. It is intended that the project, both architecturally and in the Z use of materials, be environmentally sensitive. Z The colors are generally taken from the surrounding natural landscape. Gold is inspired Ill by the color of the grass on the hills to the south and the purple-gray is inspired by rock formations on the hills to the south. The applicant is using a variety of greens and some earth tones in the brown family to keep a generally natural color scheme. Planned Development District O The applicant is requesting a Planned Development District to comply with Policy LU8.1 rn and Action LU8.1 of the General Plan which states . . . "Encourage new mixed/multi-use C developments in areas that are currently vacant or underutilized."and `Require Planned Developments for new mixed/multi-use projects proposing a mix of residential and rn commercial uses." r The applicant is requesting a Planned Development District to allow permanent Q residential uses on property with a General Plan designation of Mixed-Use/Multi-Use. The applicant is also requesting an increase in the height of the buildings from the maximum height of 24 feet and two-stories to 35 feet and three stories (to roof line) and 45 feet and three stories (to parapets). rn Table 1; Proposed Development Standards Z Use Mixed-Use/Multi-Use Open Space 62.53% Setbacks 105 feet from the opposite side of Matthew Dr. and Linden Way _ 125 feet from the center line of East Palm canyon Drive Bldg Separations 35 feet 0 Height 35 feet and 3 stories (to roof line) 45 feet and 3 stories to parapet) 0) _PGrking 405 spaces Height Under the provisions of Section 92.04.03(D)(2)(c) of the Zoning Code, high rise 0 buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00 of the Zoning Code. Under the provisions of Section 93.04.00(C)(1), a high ^-I rise building shall have a minimum setback of three feet of horizontal setback for each one foot of vertical rise of the building. Staff has concluded that the building roof and not City Council Staff Report February 20,2008 Case:5 1135 PD334,TTM 35623 Page 4 of 5 the parapet height is used to set the highrise building setback. At 35 feet in height (to roof line), a minimum setback of 105 feet is required. The proposed project complies with the high rise ordinance. r Table 2 provides an analysis of height on a building by building basis. The analysis n indicates the minimum height of the building (to parapet), the maximum height to roof Z line and the maximum height to parapet- Z Table 2: Building Height Analysis M v Building Building Building Max. Range Maximum Range (Parapet) (Parapet) 1 33' 11' to 33' 43' 24' 7" to 43' 1 A 33' 1 V to 33' 42' 24' 7" to 42' 0 2 33' 11' to 33' 42' 24' 7" to 42' m 3 33' 11' to 33' 42' 24' to 42' C 4 33' 11' to 33' 43' 24' 7" to 43' 4A 33' 11' to 33' 42' 36' 7" to 42' m Grand Central 35' 14' to 35' 43' 13' to 43' r Community Outreach 0 As of the date this report was prepared, Staff is not aware of any community outreach performed for this project- m CONCLUSION Z A more detailed analysis of the project can be seen in the attached Planning Commission Staff Report dated January 9, 2008. Findings in support of approving the proposed project are included in the attached draft resolution of approval. C-Cr A Ewin , AI, P Thomas Wils n, Assistant City Manager U) Di or of PI nni Services David H- Ready, Cite�ager Attachments: 1- Vicinity Map City Counoil Staff Report February 20.2008 Case,5.1135 PM4,TTM 35623 Page 5 of 5 2. Draft Resolution MO 3. Conditions of Approval 4. Planning Commission Staff Report dated January 9, 2008. h 5. Planning Commission Minutes (Excerpt) dated January 9, 2008, n 6. Mitigated Negative Declaration 7. Mitigation Monitoring and Reporting Program z 8. Site Plan 9. Elevations z m O O m C M r O m z 0 cn 0 ooco � � Department of Planning Services W+E Vicinity Map 5 1 fuiBOR C! �- !r II J l [Jv WAVERLV DR affmwuLZTED.. 4 0 GMgRILLO 1 � 1 1 t. Legend Project Site Q 400' P.adlus Surrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1135 PD 334, DESCRIPTION- To consider an application for a TTM 35623 Planned Development District by RainbowVision of Palm Springs, LLC for the construction of a APPLICANT: RainbowVision of Palm retirement community consisting of 184 Springs, LLC condominium units, a fitness/wellness center, spa, dining, nightclub/cafe and activity rooms at the southwest corner of East Palm Canyon Drive and Matthew Drive. A Tentative Tract Map has been filed for a one lot subdivision for condominium purposes. APN: 681 170-038, 681-170-039. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELMINARY DEVELOPMENT PLANS FOR CASE 5.1135 PD334 AND APPROVING CASE TTM 35623 FOR CONSTRUCTION OF 184 CONDOMINIUM UNITS AND GRAND CENTRAL BUILDING AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE WR3, SECTION 30. WHEREAS, RainbowVision of Palm Springs, LLC (Applicant) has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Zoning Code for Case 5.1135 PD334 for the construction of a retirement community consisting of a total of seven structures; six 2 and 3-story residential structures, containing 184 condominium units, surrounding a two story "Grand Central' building which provides amenities such as a fitness/wellness center, spa, dining, nightclub/cafe and activity rooms; and WHEREAS, the applicant has filed a Tentative Tract Map with the City pursuant to Section 9.63 of the City of Palm Springs Municipal Code for Case TTM 35623 for a single lot subdivision for condominium purposes; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1135 PD334 and TTM 35623 was given in accordance with applicable law; and WHEREAS, on February 20, 2008 a public hearing on the applications for the project was held by the Planning Commission in accordance with applicable law who approved preliminary development plans and project architecture for Case 5.1135 PD334 and recommended approval of Case 5.1135 PD334 and Case TTM 35623 to the City Council, and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OFV THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: City Council Resolution February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 2 of 5 Section 1: A Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. 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. The City Council independently reviewed and considered the information contained in the Mitigated Negative Declaration prior to its review of this Project and the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. Section 2: Pursuant to Section 15073.5 of the CEQA Guidelines, the City Council finds that although changes to the Mitigated Negative Declaration have been made after public notice of availability was circulated, these changes are not substantial and therefore recirculation of the Mitigated Negative Declaration is not required. Section 3: Pursuant to Section 94.03.00 of the Palm Springs Zoning Code, the City Council makes the following findings: 1. The proposed planned development is consistent and in conformity with the General Plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed request is consistent with the General Plan including Policy LU8.1. A Planned Development District is utilized in the Mixed- Use/Multi-Use designation to ensure that all proposed uses are properly integrated and to allow implementation of development standards that are customized to each site. 2. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of a residential retired development. It is relatively flat and located at the intersection of a secondary road and a major thoroughfare. The proposed project is conveniently located to existing shopping and restaurants. 3. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. 000008 City Council Resolution February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 3 of 5 The establishment of the proposed Planned Development District is necessary to allow an increase in height from 24 feet and 2-stories to 35 feet and 3-stories (at roof line) and 45 feet and 3-stories (at parapets). The property is currently zoned WR3 and is designated Mixed-Use/Multi-Use. The project is not likely to be detrimental to adjacent properties as it is consistent with the General Plan and generally consistent with the zoning code. Apartments to the west are 2-stories in height. There is no residential development to the east and therefore the project will not block any residential scenic views. The mixed-use nature of the project is consistent with the mixed-use pattern of development in the area- 4- That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use,- The subject site is located along East Palm Canyon Drive (Major Thoroughfare) between Linden Way and Matthew Drive. The existing road net work is designed for multiple-family and commercial development. Section 4: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. The City Council makes the following findings: 1. 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 Mixed-Use/Multi-Use General Plan designation which governs the subject property. The surrounding area is developed with multiple-family condominiums a shopping center and service commercial uses. 2. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the proposed WR3 zone in which the property for the proposal is located. Development standards proposed as part of the Planned Development District provide flexibility in design details related to on-site parking, building arrangement, setbacks and building height. 3. The site is physically suited for this type of development. 6009013 City Council Resolution February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 4 of 5 The site is vacant and slightly undulating and measures approximately 13.28 acres which is large enough to accommodate the proposal applying the required development standards. 4. The site is physically suited for the proposed density of development. The proposed 13.28 acre development area of project site can accommodate the proposed six buildings containing 184 condominium units, the Grand Central building, recreation facilities, parking and associated landscaping without significant grading, the site abuts an improved public street with existing utilities, and the site is access by a secondary thoroughfare. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Mitigated Negative Declaration prepared for the proposal adequately addresses the general environmental setting of the project and finds that the project will have no adverse impact on the environment with the implementation of the mitigation measures. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems. A developer's agreement for the construction of Line 41 drainage facility is required that will protect the development and surrounding area from flooding. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property. Section 5: The City Council hereby adopts a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, approves preliminary development plans for Case 5.1135 PD334, and approves Case TTM 35623, subject to Conditions of Approval as attached (Exhibit A). City Council Resolution February 20, 2008 Case 5,1135 PD334, TTM 35623 Page 5 of 5 ADOPTED THIS 20" day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk EXHIBIT A Case 5.1135 PD334 Case TTM 35623 RainbowVision Palm Springs Southwest Corner of East Palm Canyon Drive and Matthew Drive CONDITIONS OF APPROVAL February 20, 2008 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: ADMINISTRATION 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. 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 5.1135 PD334 and Case TTM 35623. 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. 0000��' Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 2 of 39 2. 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 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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $1,864.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit give by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). 6. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et esq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price 000013 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 3 of 39 index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 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 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ENVIRONMENTAL_ ASSESSMENT 8. 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 or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: MM III-1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal Code) requires a Dust Control plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the following: A. Adequate watering techniques shall be employed to partially mitigate the impact of construction generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. B. The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize blowsand. 00a0 14 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 4 of 39 D. Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts. E. Construction access roads shall be paved as soon as possible and cleaned after each workday- F. All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. G. A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to the Southern California Air Quality Management District (SCAQMD) after approval. MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. MM III-3 The City shall notify the SCAQMD within 10 days or the completion of earth moving activities. MM 111-4 Construction signage in conformance with City standards shall be posted on Tram Way, San Marcos Way and North Palm Canyon Drive regarding the reporting of blowing dust on the site. MM III-5 Earth moving operations shall include a water application system while earth moving is active. MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. MM-III-7 Any construction access roads shall be paved and cleaned after each work day. The maximum vehicle speed on any unpaved road surfaces shall be limited to 15 mph. Maximum speed limited shall be conspicuously posted on unpaved roads. MM-III-8 Paving activities and use of equipment for construction of buildings shall not be used concurrently. MM III-9 Where feasible, low emission building materials such as pre- primed and sanded wood molding and trim products and pre- primed wallboard shall be considered for construction materials. Plans submitted for building permits shall indicate where such materials will be utilized. Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 5 of 39 MM III-10 Building construction on-site shall comply with the energy use guidelines in Title 24 of the California Administrative Code. MM III-11 As a condition of approval, the project proponent shall comply with City requirements regarding the master planned bikeway on East Palm Canyon abutting the site. MM III-12 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares from the project site. MM III-13 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours. MM IV-1 Do not plant wildlife-poisoning oleander plants within the project boundaries. MM IV-2 Direct all project lighting downward so that it does not interfere with the nocturnal activities of animals living within the adjacent Santa Rosa Mountains. MM IV-3 Prior to issuance of building permits, the applicant shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. MM V-1 If buried cultural materials are discovered during any earth- moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. MM V-2 A(n) Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing activities. MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction. MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion into the Agua Caliente Cultural Register. 000916 Conditions of Approval February 20, 2008 Case 5.1136 PD334, TTM 35623 Page 6 of 39 MM VI-1 Recompaction of native soils shall occur in all building areas. MM VI-2 Existing surface soils shall be over-excavated to a minimum 4 feet below existing grade or a minimum of 3 feet below the footing level (whichever is lower). MM VI-3 Existing surface soils shall be over-excavated to a minimum 5 feet beyond exterior footings. MM VI-4 The bottom of all sub-excavation areas shall be scarified, moisture conditioned and recompacted to at least 90% relative compaction (ASTM 1557) for an additional of 1 foot. MM VI-5 Basement foundation areas shall be over-excavated to a minimum of 2 feet below the footing level. MM VI-6 The lateral extent of the basement sub-grade preparation shall extend for a minimum of 2 feet beyond the outer edge of exterior footing. MM VI-7 Native soil utilized as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches. MM VI-8 Imported fill materials shall be non-expansive, granular soils meeting USCS classifications SM, SP-SM or SW-SM with a maximum rock size of 3 inches and 5 to 35% passing the No. 200 sieve. MM VI-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources. MM VII-1 The hydrocarbon-contaminated material shall be removed from the site and disposed of from the site at a licensed waste handling facility. A copy of the appropriate disposal receipt shall be provided to the Planning Services Department of the City. MM VIII-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology study determining the volume of increased stormwater runoff due to development of the site, and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and 00001' 7 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 7 of 39 on-site retention system) shall be included in the design of the site as required by the City Engineer. MM VIII-2 (Alternative 1) The project proponent shall enter into a Developer Agreement with the City and Riverside County Flood Control District, in an amount representing a fair share percentage of the construction cost of the Line 41 system, as approved by the City Engineer. Approval by the City Engineer of grading and improvement plans of the project site and issuance of building permits and certificates of occupancy, facilitating development within the 100-year SFHA floodplain, shall occur in accordance with the provisions of a Developer Agreement. (Alternative 2) The project proponent shall delay development of the project site until such time that an alternative Line 41 system is constructed by the Riverside County Flood Control District, or shall design and construct portions of an alternative Line 41 system upstream and downstream of the project site as required by the City Engineer. Prior to approval of a grading plan and construction of improvements located within the 100-year SFHA floodplain, the project proponent shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA). Prior to issuance of Certificate of Occupancy, the project proponent shall obtain a Letter of Map Revision (LOMR) from FEMA. MM XI-1 A 5 foot 6 inch sound barrier shall be constructed to protect residents within Buildings 1, 1A, 4 and 4A from excessive exterior noise emitting from East Palm Canyon Drive. Noise barriers may be constructed around the perimeter of the property or in conjunction with individual units. MM XI- 2 All barriers shall be solid from top-to-bottom. The following materials may be used for the construction of this barrier: Wood Studs with Stucco Exterior ■ 3/8 inch plate glass 5/8 inch Plexiglass • Any Masonry Material ®000"8 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 8 of 39 The preceding materials may be used in any combination. Other materials may be used that are rated 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning Commission. MM XI-3 Prior to issuance of building permits, an interior noise analysis will be required for development along East Palm Canyon Drive. MM XI-4 Construction activities shall be limited to between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. MM XI-5 All perimeter walls and barriers shall be installed immediately following precise grading of the site, if not sooner. MM XI-6 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-7 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-8 Stockpiling and vehicle staging areas shall be located in the northeastern portion of the property, as far away from existing residential units as possible. MM XI-9 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. MM XI-10 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. MM XV-1 The project developer/applicant shall dedicate public rights-of- way in accordance with the City of Palm Springs General Plan for adjacent General Plan roadways as follows: East Palm Canyon Drive: Ten feet of right-of-way must be dedicated to provide a 50-foot wide half-street right-of-way required by the General Plan. Additional right-of-way must be dedicated to accommodate the additional eastbound left-turn ��u�0L Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 9 of 39 lane. In conjunction with the project, the south face of curb shall be relocated along East Palm Canyon Drive to facilitate the additional eastbound left-turn lane. A 12-foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind the curb; Matthew Drive: vacate eleven feet to provide the 33-foot half street right-of-way required by the General Plan; and Linden Way Drive: 19 feet can be vacated to provide the 25-foot half street right-of-way required by the General Plan. MM XV-2 All required off-site public and on-site private streets shall be designed in accordance with City of Palm Springs design standards, as required by the City Engineer. MM XV-3 The project developer/applicant shall submit street improvements plans for construction of required streets, to the Palm Springs City Engineer for review and approval. MM XV-4 The project developer/applicant shall be responsible for 100 percent of the cost for construction of public street improvements (consisting of pavement widening, curb and gutter, sidewalks, and landscaped median island) which shall be constructed in conjunction with approved phasing plans for development and/or associated with an approved Final Map as follows: East Palm Canyon Drive: ultimate major thoroughfare street improvements as approved by the Palm Springs City Engineer; Matthew Drive (between Linden Way and Gene Autry Trail): industrial minor collector street improvements, as approved by Palm Springs City Engineer; and Linden Way (between Matthew Drive and the East Palm Canyon frontage road): local street improvements, as approved by the Palm Springs City Engineer. MM XV-5 The main site access on Matthew Drive shall provide an entry drive with a minimum of 100 feet of stacking depth to accommodate peak queues entering and leaving the site as well as an area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Matthew Drive. Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 10 of 39 MM XV-6 The secondary site access proposed on Linden Way shall provide an entry drive with a minimum of 75 feet of stacking depth to accommodate peak queues entering and leaving the site as well as an area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Linden Way_ MM XV-7 The applicant may request the existing right-of-way be vacated along Linden Way and Matthew Drive in accordance with the ultimate right-of-way shown by the City of Palm Springs General Plan Street Plan and provide building setbacks and half-street improvements in accordance with City requirements. MM XV-8 A STOP sign shall be installed on the minor street approach to control exiting site traffic at the site access proposed on both Matthew Drive and on Linden Way. MM XV-9 If the proposed development will employ more than 100 persons, the project applicant shall comply with the provisions of the Palm Springs Traffic Demand Management (TDM) Ordinance. MM XV-10 The project developerlapplicant shall pay Traffic Uniform Mitigation Fees (TUMF) prior to issuance of building permits. MM XV-11 Although many improvements to the intersection of Gene Autry Trail and East Palm Canyon Drive may be funded by the TUMF program, the project applicant will be required to contribute on a fair-share basis to the cost of circulation improvements required on roadways and/or at intersections that are not in the TUMF program prior to approval of a Final Map: Since the intersection of Gene Autry Trail and East Palm Canyon Drive is a Congestion Management Program (CMP) intersection, no fair-share payment will be required for the future southbound right-turn lane on Gene Autry Trail at East Palm Canyon Drive. TUMF fees will provide the funding for the design and construction of the future southbound right-turn lane on Gene Autry Trail at East Palm Canyon Drive. This payment of TUMF fees by the project proponent will be sufficient as funding for the provision of an exclusive southbound right-turn lane on Gene Autry Trail at East Palm Canyon Drive. Although ordinarily no fair-share payment would be required for the future eastbound left-turn lane on East Palm Canyon Drive at Gene Autry Trail, and that TUMF fees would provide the funding for the design and construction of the future eastbound left-turn 00002 -1 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 11 of 39 lane on East Palm Canyon Drive at Gene Autry Trail, in order to facilitate construction of a raised, landscaped median island within Gene Autry Trail required by the General Plan, it is necessary for the project proponent to design and construct the ultimate configuration of lanes at this intersection now in conjunction with development of the project site. Additional right- of-way must be dedicated (over and above the 10 feet that must be dedicated to bring East Palm Canyon Drive up to the General Plan half-street right-of-way width) in conjunction with this project to accommodate the additional eastbound left-turn lane discussed in the Traffic Impact Study by Endo Engineering, revised May 2007- In conjunction with this project, the south face of curb shall be relocated along the East Palm Canyon Drive frontage to facilitate the additional eastbound left-turn lane. A 12- foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind the curb. MM-XV-12 To insure compliance with City access and design standards, the final building and parking layout and site access design shall be subject to the review and approval of City Traffic Engineer as part of the development review process. MM XV-13 Site distance at both site access points shall be reviewed for adequacy with respect to City of Palm Springs standards in conjunction with the preparation of the final site grading plans, landscape plans and street improvement plans. MM XV-14 Since site access will be controlled, the design shall incorporate service and emergency access, on-site turn-around, relevant signing, or other similar features as required by the planning commission, fire and police departments, and Zoning Code Chapter 93.05.00. Ingress and egress design shall include vehicle maneuvering and stacking space to avoid internal and external traffic conflicts. MM XV-15 Per the parking standards and regulations set forth in Zoning Code Section 93.06.00, off-street parking shall be provided to serve employees, residents, and guests associated with the proposed development including the required number of accessible parking spaces (per state and federal guidelines), as well as improvements required for covered parking, traffic maneuvering, and parking area drainage, landscaping, and lighting. MM XV-16 Off-street loading space/facilities shall be designed, located constructed and maintained as required by the City of Palm 000922 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 12 of 39 Springs to minimize the impact of service and delivery trucks on residents. MM XV-17 The project developer/applicant shall coordinate with SunLine Transit Agency regarding required public transit facilities on and adjacent to the project site. Any required public transit facilities (including bus stops, turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements) shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. MM XV 18 The project developer/applicant will comply with City requirements regarding the master planned bikeway adjacent to the site along East Palm Canyon Drive. CULTURAL RESOURCES 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. 600023 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 13 of 39 CC&R's 11. 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 and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3.500.00, for the review of the CC&R's by the City Attorney. A $654.00 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. FINAL DESIGN 14. The final development plans shall be submitted in accordance with Section 94,03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 16. The following shall be implemented prior to approval of Final Development Plans as requested by the Architectural Advisory Committee: a. The solar control needs to be tied to the windows. 0 0 a Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 14 of 39 b. Streamline the elevations of the buildings adjacent to Matthew Drive. c. Work on the design of the Grand Central building to make the rear, which faces East Palm Canyon Drive, look less like the rear of the building and more like the front. d. The project shall be reviewed and approved by the Architectural Advisory Committee prior to Final Development Plan approval. GENERAL CONDITIONS / CODE REQUIREMENTS 17. Preliminary development plans and architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 18. The appeal period for a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of final occupancy permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 000025 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 15 of 39 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction or the Direclor of Building and Safety. 26. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 27. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 28. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 29. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 30. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 31. The applicant shall provide all tenants with Conditions of Approval of this project. 32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area CoGO26 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 16 of 39 shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 36. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 37. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 38. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 39. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 40. Development standards for Planned Development District 334 shall be as follows: Use Mixed-Use/Multi-Use Open Space 62.53% Setbacks 105 feet from the opposite side of Matthew Dr. and Linden Way 125 feet from the center line of East Palm canyon Drive Bldg Separations 35 feet Height 35 feet and 3 stories (to roof line) 45 feet and 3 stories to parapet) Parking 405 spaces _ ENGINEERING: The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 41. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 42, Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any building permits, 0®ar Conditions of Approval February 20, 2008 Case 5,1135 PD334, TTM 35623 Page 17 of 39 unless otherwise allowed by the City Engineer. Conditions indicated herein related to East Palm Canyon Drive (State Highway 111) are subject to change in accordance with Caltrans requirements, as may be indicated by improvement plans approved by Caltans and/or an Encroachment Permit issued by Caltrans to the applicant for construction of improvements along East Palm Canyon Drive (State Highway 111). 43_ Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 44. Abandonment of right-of-way is required to facilitate the proposed development application. Right-of-way abandonment for a portion of Matthew Drive (transitioning from existing 44 feet of right-of-way to 33 feet of right-of-way) shall be reviewed and approved by the City Engineer. Right-of-way abandonment for the easterly 19 feet of Linden Way (preserving necessary right-of-way for a standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road) shall be reviewed and approved by the City Engineer. Approved right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned. 45. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer, EAST PALM CANYON DRIVE (STATE HIGHWAY 111) 46. Prepare a geometric layout for the widening of East Palm Canyon Drive extending across the frontage of the property and east of Gene Autry Trail, as required by the City Engineer. The geometric layout shall show lane configurations to facilitate construction of required improvements (eastbound dual-left turn lanes, two through lanes, and one shared through/right turn lane), and shall show revised lane line striping east of Gene Autry Trail necessary to accommodate revised lane configurations west of Gene Autry Trail. The 006923 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 18 of 39 approved geometric layout shall serve as the basis of required improvements and right-of-way dedications along East Palm Canyon Drive. 47. Dedicate additional right-of-way to accommodate the ultimate width of East Palm Canyon Drive, in accordance with the approved geometric layout, including a property line - corner cut back at the southwest corner of East Palm Canyon Drive and Gene Autry Trail, in accordance with City of Palm Springs Standard Drawing No. 105. 48. Dedicate an easement for sidewalk purposes for those portions of meandering sidewalk/bicycle path that leave the public right-of-way. 49. Remove the existing 8 inch curb and gutter along the entire frontage, and construct an 8 inch curb and gutter, located a minimum of 38 feet south of centerline (or as otherwise determined by the geometric layout), in accordance with City of Palm Springs Standard Drawing No_ 200. 50. Remove and reconstruct the existing curb return, spandrel and cross-gutter at the southwest corner of the East Palm Canyon Drive and Gene Autry Trail intersection as necessary to accommodate widening of East Palm Canyon Drive, in accordance with the approved geometric layout. If necessary, remove and reconstruct the entire cross-gutter extending to the southeast corner of the East Palm Canyon Drive and Gene Autry Trail intersection as required by the City Engineer. 51. Construct a meandering 12 feet wide combination sidewalk and bicycle path along the entire frontage. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 52. Construct a minimum 14-feet wide (and wider as necessary to provide an eastbound dual left-turn lane pocket) landscaped median island across the entire frontage from the west property line to Gene Autry Trail/Matthew Drive. Provide a 375 feet long eastbound dual-left turn pocket at Gene Autry Trail/Matthew Drive, with a 150 feet long bay taper. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 53. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Parks and Recreation. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. ��®922 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 19 of 39 54. All median landscaping shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. 55, Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane. 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. MATTHEW DRIVE 56. Dedicate a half street right-of-way of 33 feet along the frontage where necessary. 57. The existing street improvements extending south of Gene Autry Trail shall be protected in place to the extent that an appropriate transition of curb and gutter from 32 feet west of centerline to 25 feet west of centerline is approved by the City Engineer. 58. Construct a 6 inch curb and gutter located 25 feet from centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 59. Remove and reconstruct the existing curb return, spandrel and cross-gutter at the northwest corner of the intersection of Matthew Drive and Linden Way as necessary to align the cross-gutter flowline from 32 feet north of centerline to 25 feet north of centerline at the northeast corner of the intersection of Matthew Drive and Linden Way. 60. Construct a 50 feet wide Main Entry driveway approach in accordance with City of Palm Springs Standard Drawing No. 206. The centerline of the driveway approach shall be located approximately 515 feet east of the centerline of Linden Way. 61. The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning 0000,016 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 20 of 39 movements around the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 100 feet shall be provided between the back of sidewalk on the adjacent street and the gated entry directory/control panel, with an approved maneuvering area provided between the directory/control panel and the entry gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. An opticom system for automatic operation by emergency vehicles, with uninterrupted power supply (battery back-up), shall be installed for the entry gates, meeting the approval of the Fire Marshall. 62. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 63. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 64. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 212. 65. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. 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. LINDEN WAY 66. Construct a full standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 104. 67_ Construct a 6 inch curb and gutter, 8 feet east of centerline along the entire frontage and throughout the standard street knuckle at the intersection of GO@ Conditions of Approval February 20, 2008 Case 5,1135 PD334,TTM 35623 Page 21 of 39 Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 200. 68. Construct a 24 feet wide Secondary Entry driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 405 feet north of the centerline of Matthew Drive. The access may be gated, however, a minimum of 75 feet shall be provided between the back of sidewalk on the adjacent street and the entry gate. 69. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 70. Construct a 5 feet wide sidewalk behind the curb along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 210. 71. Construct pavement with a minimum pavement section of 2'/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 edge of proposed gutter to centerline along the entire frontage, and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. ON-SITE 72. The on-site layout of drive aisles and parking spaces is subject to further review and approval by the City Engineer and Fire Marshall. Adjustment of proposed drive aisles, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer and Fire Marshall. The applicant shall be required to provide unrestricted internal access for emergency vehicles as required by the Fire Marshall. Approval of the preliminary site plan does not constitute approval of the on-site layout of drive aisles and parking spaces as originally proposed. 000032 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 22 of 39 73. All on-site drive aisles shall be two-way with a minimum 24 feet wide travelway where no on-street parking is proposed. 74. On-site drive aisles shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site drive aisles to the on-site drainage system, in accordance with applicable City standards. 75. The minimum pavement section for all on-site asphalt concrete pavement shall be 2'/2 inches asphalt concrete pavement over 4 inches 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. 76. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER 77. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 78. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 79. The applicant is cautioned that preparation of a grading plan for the subject site is dependent upon measures to protect the site from flooding. A grading plan should not be prepared until it has been determined by the City Engineer under which development scenario this project will occur, as identified herein under 0009 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 23 of 39 the conditions related to "Drainage". The applicant shall schedule a pre- submittal meeting with the City Engineer to review the status of Line 41 storm drain plans by the applicant and/or Riverside County Flood Control District (RCFC), prior to submittal of a grading plan to the City Engineer for review and approval. A grading plan will not be approved by the City Engineer until measures to protect the site from flooding are addressed. 80. Submit a Precise Grading and Paving 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 AQMD at (909) 396-3752, or at www.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 Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 81. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-699-6907), or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other GGI0G3� Conditions of Approval February 20, 200a Case 5.1135 PD334, TTM 35623 Page 24 of 39 construction, and to arrange payment of any required fees associated with Tribal monitoring. 82. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 83. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346-7491). A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. 84. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 85. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 86. 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 87. This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs Zoning Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone AO (Depth = 2 feet) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 060257 0009D, dated July 7, 1999. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a 000635 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 25 of 39 SFHA. Accordingly, development of this site shall be subject to conditions established under two alternative scenarios, identified herein: Alternative 1: Development of the site under this scenario shall occur subject to a determination by the City Engineer that construction of the Line 41 storm drain system, as designed by Riverside County Flood Control District (RCFC), is fully Funded. Construction or the Line 41 storm drain system by RCFC will satisfy the provisions of Chapter 93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs Zoning Code, and applicable state and federal laws and regulations, as they relate to development of this project. Under this scenario, the following shall apply: a. The applicant shall enter into Line 41 Developer Agreement with the City and RCFC, in an amount representing a fair share percentage of the construction cost of the Line 41 storm drain system, as approved by the City Engineer. Appropriate financial security, as required by the City Engineer, shall be provided concurrently with approval of the Line 41 Developer Agreement. b. Approval by the City Engineer of a grading plan for the project site shall be withheld until final approval of the Line 41 Developer Agreement by the City. c. Commencement of grading, issuance of building permits, and issuance of certificates of occupancy, facilitating development within the 100-year special flood hazard area, shall occur in accordance with the provisions of the Line 41 Developer Agreement. Alternative 2: Development of the site under this scenario shall occur subject to a determination by the City Engineer that construction of the Line 41 storm drain system, as designed by Riverside County Flood Control District (RCFC), is not fully funded. Under this scenario, the following shall apply: a. In accordance with Chapter 93.17.18(C) of the Palm Springs Zoning Code, the Tentative Tract Map shall be revised to identify the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Tentative Tract Map shall include the required information, including delineation of SFHA's and identification of associated BFE's. b. In accordance with Chapter 93.17.10 of the Palm Springs Zoning Code, a Flood Hazard Report shall be submitted by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA). The Flood Hazard Report may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. a 0 9 0 � Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 26 of 39 The Flood Hazard Report shall be subject to review and approval by the City Engineer. Specifically, the following information is required: i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures (in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures); or ii. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, if required in Chapter 93.17.18(A)(3)(b) of the Palm Springs Zoning Code; and iii. All appropriate certifications listed in Chapter 93.17.12(A) of the Palm Springs Zoning Code; and iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. c. The applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be done, on a form acceptable to FEMA, by a registered professional civil engineer or surveyor. d. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to approval of a grading plan and storm drain plan. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, the approval of the storm drain plan, or approval of a Final Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA. e. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builfs"), topographic surveying, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to issuance of a certificate of occupancy. A Certificate of Occupancy for any building on this 0a00 � Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 27 of 39 property will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. f. The proposed drainage improvements (15, 20, and 30 feet wide concrete culverts) shown on the Preliminary Rough Grading Plan prepared by Rastra Engineering Inc., are not approved. Off-site drainage improvements shall be designed and constructed in accordance with the Master Drainage Plan for the Palm Springs Area, as required by the City Engineer. Submit storm drain improvement plans prepared by a California registered civil engineer to Riverside County Flood Control & Water Conservation District (RCFC) for construction of those portions of the Line 41 storm drain system upstream and downstream of the project site, as required by the City Engineer. The Line 41 storm drain improvement plans shall be approved by RCFC prior to approval of a grading plan and issuance of a grading permit. 88, Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 89. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site drive aisles into the on-site retention basins and the Line 41 storm drain system, as described in a Final Hydrology Study for the RainbowVision project. The Final Hydrology study for Tentative Tract Map 35623 shall include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 90, All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 91. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,522.00 per acre per Resolution No. 15189, Based on the 13.28 acre size of the project site as shown on the Tentative Tract Map, the project is responsible for payment of $99,892.16 in drainage implementation fees. The applicant shall be eligible for credit up to the maximum drainage implementation fee of $99,892.16 otherwise due under either development scenario identified herein_ Payment of the applicant's Fair share percentage of the construction cost of the Line 41 storm drain system, or costs associated with the applicant's design and construction of portions of the Line 41 storm drain system, either of which is in excess of the maximum drainage implementation fee of $99,892.16 otherwise due, is the responsibility of the applicant, and are not reimbursable by the City. Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 28 of 39 92. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. GENERAL 93. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 94. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760- 669-6007) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to 6003312 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 29 of 39 coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 95. All proposed utility lines shall be installed underground. 96. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north property line, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off- site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 97. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 98. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (Auto CAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 99. 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 000049 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 30 of 39 100. Nothing shall be constructed or planted in the corner cut-off area of any intersection or 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. 101. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP 102. 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. 103. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 104. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency_" G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 105. In accordance with Section 66434 (g) of the Government Code, approved portions of right-of-way for Matthew Drive and Linden Way may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing ME, Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 31 of 39 underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the applicant shall provide to the City Engineer a letter of approval regarding the proposed abandonment of rights-of-way over Matthew Drive and Linden Way from each public utility agency. TRAFFIC 106. As determined by the RainbowVision Resort Retirement Community P.D.D. Traffic Impact Study by Endo Engineering (as revised on May 3, 2007), the following mitigation measures will be required: a. A decorative street light shall be installed at the Main Entry on Matthew Drive and at the secondary entry on Linden Way. b. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the project site at both site access points, in accordance with City of Palm Springs Standard Drawing No. 620 through 625, as required by the City Engineer. 107. Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of East Palm Canyon Drive (State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with the requirements of the City of Palm Springs and Caltrans. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer for review and approval by the City Engineer_ The traffic signal shall be relocated in conjunction with the widening of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 108. Install traffic striping, signage and markings on East Palm Canyon Drive and Matthew Drive as required in conjunction with the widening of the streets. Submit traffic striping and signage plans, prepared by a California registered civil engineer, for review and approval by the City Engineer. Required traffic striping and signage improvements shall be completed prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 109. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the street frontages of the subject property. 110. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development 60061�,Z Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 32 of 39 shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 111. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 2006, or subsequent additions in force at the time of construction. 112. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE: 113. Public Safety CFD: The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 114. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 115. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 116. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance for entire building. Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 33 of 39 117. Standpipe System: An approved Class 1 standpipe system is required. (CBC 904.5.2) 118. Fire Sprinkler Plan Submittal: The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. A minimum of four copies must be submitted. Submittal to include manufacturers cut sheets on all material and equipment used. Submittal shall also include hydraulic calculations. 119. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. A field analysis of existing hydrants has not been conducted to verify hydrant location or availability. This comment is included to make you aware that additional fire hydrants may be required. 120. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760- 323-8186 for a KNOX application form. 121. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35523 Page 34 of 39 122. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 123. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 124. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING' and "FIRE LANE" with white paint. (901.4 CFC) 125. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 126. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (9022.2.1 CFC) 127_ Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.22.1 CFC) 128. Underground Parking: Automatic smoke removal system shall be required for subterranean parking. 129. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. (Appendix III-D 2.1 CFC) 130. Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the 0000s,5 Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 35 of 39 first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) 131. Road Design or parking lot surface: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 132. Mid Rise/High Rise: High-rise (5 stories or more) and mid-rise (3-4 stories) buildings shall be accessible on a minimum of two sides. Street access shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. 133. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 134. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 135. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 136. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. 137. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 36 of 39 138. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 139. Audible Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-1 1 5-WH- VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 140. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flaw switch). Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-22.1 NFPA 72) Provide a note on the plans showing this requirement. 141. Wiring Installation: The installation of all Fire Alarm Wining and Equipment shall be in accordance with NFPA 72, 760, NEC. 142. Radio Communications: Must install an in-building Public Safety Radio Communications Coverage System composed of a radiating cable system or an intemal multiple antenna system with FCC-certified bi- directional 800 MHz and 150 MHz (as required to meet the two indicated 150 MHz frequencies) amplifier(s), distribution system, and subcomponents shall be required for all buildings in excess of three stories, or has subterranean floors, or subterranean parking. This system must meet the City of Palm Springs Public Safety Radio System Coverage Specifications. 143. System Acceptance Test: Upon completion of the installation of the Fire Alarm System, a satisfactory test of the entire system shall be made. The test shall be witnessed by the fire inspector. 144. Water Supply: The water supply and location/s of fire hydrants shall be approved prior to any work being performed on the job site. (903.1 CFC) 145. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 146. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or 000647 Conditions of Approval February 20, 2008 Case 5.1135 PD334, TTM 35623 Page 37 of 30 fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 147. Fire Flow: Fire flow for this project is estimated to be: • Building 1 Type V 1 HR = 2,000 GPM with fire sprinklers. • Building 2 Type V 1 HR = 2,000 GPM with fire sprinklers. • Building 3 Type V 1 HR = 2,000 GPM with fire sprinklers. • Building 4 Type V 1 HR = 2,000 GPM with fire sprinklers. • Grand Central Building Type II 1 HR = 1,500 GPM with fire sprinklers. COMMERCIAL COOKING IN GRAND CENTRAL BUILDING 148. Fire Extinguishing System Required: Approved UL 300 automatic fire- extinguishing systems shall be provided for the protection of commercial type- cooking equipment. (1005.2.1l2 CFC & NFPA 17A/96) 149. Hood & Duct Fire Protection System Coverage: The automatic fire extinguishing system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers, range tops, and grills. Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. (1005.2.3.1 CFC) 150. Hood & Duct Fire Protection System Plan Review Procedure: Plans must be submitted directly to a Fire Department approved engineer for review and recommendation of approval. A list of approved engineers is attached. Once plans are recommended for approval, they will be forwarded to the Fire Department for final approval. 151_ Portable Fire Extinguishers for Food Processing Equipment: In addition to the fixed system, a fire extinguisher listed and labeled for Class K fires shall be installed within 30 feet of commercial food heat processing equipment, as measured along an unobstructed path of travel. (1005.2.7 CFC) The preferred location is near the exit from the cooking equipment area. Show proposed location on the plans. 152. Automatic Power and Fuel Shutoffs: The automatic fire extinguishing system shall be interconnected to the fuel or current supply for cooking equipment. The interconnection shall shut off all cooking equipment and electrical receptacles which are located under the hood when the system is actuated. Shutoff valves or switches shall be of a type that requires manual operation to reset. (1005.2A.1 CFC) ODDD� B Conditions of Approval February 20, 2008 Case 5.1135 PD334,TTM 35623 Page 38 of 39 153. Fire Suppression Systems Testing: The hood and duct fire extinguishing system shall be function tested prior to final acceptance. Call the fire prevention secretary at 760-323-8186 for an inspection appointment. 154. Exhaust Fan Operation: A hood exhaust fan(s) shall continue to operate after the extinguishing system has been activated. (8.2.3.1 NFPA 96) 155, Makeup/Replacement Air: Replacement air quantity shall be adequate to prevent negative pressures in the commercial cooking area(s) from exceeding 4.98 kPa (0.02 in. water column). (8.3.1 NFPA 06) 156, Listed Appliance Installation: All listed appliances shall be installed in accordance with the terms of their listings and the manufacturer's instructions. (12.1.2.1 NFPA 96) 157. listed Exhaust Hood Systems: Listed hood assemblies shall be installed in accordance with the terms of their listing and the manufacturer's instructions. (509.6 CIVIC & 5.4 NFPA 96) 158, Construction site Security and ProtectionFencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows_ (8.04.260 PSMC) 159. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 160. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 161. Access During Construction: Access for Firefighting 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) ADA: 162. Curb ramps -To comply with CBC 1127B.5.1 curb ramps shall be constructed at each corner of street intersections and where a pedestrian way crosses a curb. These curb ramps shall comply with all curb ramp technical specifications 0000 'SO Conditions of Approval February 20, 2008 Case 5.1135 PL)334, TTM 35623 Page 39 of 39 regarding slope and detectable warnings. This means the curb ramps will be required on the sidewalk at all driveways leading into the site. 163. Disabled Parking - In order to properly identify the number of required disabled parking spaces, a determination will need to be made as to the type of occupancy the property will have. The Site Plan indicates five surface mounted disabled parking spaces. Any underground parking will be treated like a parking structure and it shall provide disabled parking that meets the minimum 8 foot 2 inch height requirement as set forth in CBC 1130B. 164. Site accessible route of travel — CBC 11148.1.2 The site development and grading shall be designed to provide access to all entrances and exterior ground floor exits. The site plan indicated compliance with this requirement. However, there are a few locations on the plan that indicate decomposed granite as the material for the walk leading to landscaped areas. The use of "DG" may be allowed in the landscape areas as long as it remains stable, firm and slip resistant to allow a person with limited mobility or a wheelchair user to maneuver without difficulty. The use of concrete shall be used for all sidewalks. 165. The lap pool indicates a ramp that leads into the pool for people with mobility impairments. This complies with CBC 1111 B.4 166. Since this project may have different aspects regarding the occupancy between residential, commercial and institutional, I would like to attend any future meeting with the developer to address disabled access requirements. END OF CONDITIONS GG6650 / City of Palm Springs Planning Commission Minutes of January 9,2008 6. Cases 5.1135 PD 334, TTM 35623 (Rainbow Vision Palm Springs) - An application for a Planned Development District and a Tentative Tract Map to construct 184 condominiums and -clubhouse on approximately 13.28 acres on the southwest corner of East Palm Canyon Drive and Matthew Drive, Zone WR3,_Section-30,.APN: 681-170-038 and 039. (Project Planner: Christopher Brown, Contract'Planner) Christopher Brown, Contact Planner, provided background information as outlined.in the staff report dated January 9, 2008. Mr. Brown indicated that the applicant is requesting a maximum height of 45 feet (3 story) not the 35 feet as indicated in the staff report. Chair Marantz opened the Public Hearing: -Penn Estes representing the developer, thanked planning staff for their hard work and stated the project will be built in one phase- -Dana Stewart, Palm Springs, stated she is in support of the project because it is eco- friendly and recommended solar conservation, -Penn Estes, stated this is a fully designed and developed "green" project, both environmentally friendly and energy efficient. There being no further appearances, the Public Hearing was closed- Staff addressed the 44 space parking reduction noting staff supports the reduction since it is likely that many patrons of the Grand Central building will be on-site residents who will not be required to drive to the facility. Commissioner Caffery felt the in-lieu parking fees should be collected for parking reductions within planned development districts unless the there is an actual calculation for shared parking. Commissioner Scott stated he is not concerned with the parking reduction since the people using the Grand Central building will be living there. Marcus Fuller, Assistant Director of Public Works, requested condition#44 be deleted. M/SIC (Scott/Cohen, 6-0) To adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended.- *Condition#44 to be deleted. Craig A. Ewing noted that the in-lieu parking fee program applies only to the CBD zone. 7 +s � s r ;o�pALM SA4 y a z z A cq�lFOR�XP Planninq Commission Staff Repo m D Date: January 9, 2008 Case No.: 5.1135 PD334 TTM 35623 Application Type: Planned Development District m Tentative Tract Map C Location: Southwest corner of East Palm Canyon Drive and m Matthew Drive r Applicant: RainbowVision Palm Springs, LLC 0 Zone: W R3 General Plan: Mixed-Use/Multi-Use M APNs: 681-170-038 & -039 z From: Craig Ewing, AICP, Director of Planning Services Project Planner: Christopher Brown, Contract Planner v rn PROJECT DESCRIPTION The applicant proposes a retirement community consisting of six 2- and 3-story residential structures containing 184 condominium units surrounding one 2-story Grand Central building that provides amenities such as a fitness/wellness center, spa, dining, n nightclub/caf6 and activity rooms. There are two pools (a lap pool and a social pool) and a small tennis stadium. Parking for residents will be subterranean and guest parking will be at grade. ORIGINAL i v Planning Commission Staff Report January 9 2008 Case:5.1135 PD334,7M35623 Page 2 of 11 RECOMMENDATION 'CI That the Planning Commission: r • Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting a Program in accordance with the California Environmental Quality Act (CEQA). Z • Recommend that the City Council adopt a Mitigated Negative Declaration and Z Mitigation Monitoring and Reporting Program in accordance with the California m Environmental Quality Act (CEQA). O • Approve Case 5.1135 PD334 for project architecture and preliminary development plans for Planned Development District 334, as conditioned. • Recommend approval of Case 5.1135 PD334 for preliminary development plans C7 for Planned Development District 334 to the City Council, as conditioned. m • Recommend to the City Council approval of Tentative Tract Map 35623, as C conditioned. m PRIOR ACTIONS r" On February 25, 2007, the Architectural Advisory Committee (AAC) reviewed the O project and voted to re-study the project due to the following: •0 • Vary roof lines to strengthen Grand Central building ig • Use larger overhangs m • Expand space around Grand Central building so it does not appear"crowded" Z • Provide a 3D rendering of the Grand Central building On March 12, 2007, the AAC restudied the project and voted to re-study the project due to the following: • Separate buildings to create more transparency • Unite site interconnections through landscaping and pathways --- • Unify the Grand Central building with the rest of the project architecture through cn use of similar architectural elements • Utilize rich landscaping along East Palm Canyon Drive • Consider using landscaping on the art wall X On April 9, 2007, the Architectural Advisory Committee (AAC) reviewed the project and voted 5-0-2 (Hudson and Cioffi absent) to recommended approval of the proposed development to the Planning Commission subject to the following conditions: 9 The solar control needs to be tied to the windows Planning Commission Staff Report January 9,2o0B Case:5 1135 PD334,TTM35623 Page 3 of 11 • Streamline the elevations of the buildings adjacent to Matthew Drive • Work on the design of the Grand Central building to make the rear, which faces East Palm Canyon Drive, look less like the rear of the building and more like the r front a • Bring the plan back to the Architectural Advisory Committee prior to final development plan approval Z BACKGROUND AND SETTING Z M The proposed project is located at the southwest corner of East Palm Canyon Drive and Matthew Drive. The property is vacant and is approximately 13.28 acres in size and is generally flat. East Palm Canyon Drive is designated as a Major Thoroughfare (4-lane divided). The subject property also has frontage on Matthew Drive which is designated as a Collector Road and Linden Way which is designated a Local Road- The project v does not provide access to East Palm Canyon Drive; access is taken from Matthew Drive and Linden Way. M The applicant is requesting a Planned Development District to comply with Policy LU8.1 C and Action LU8.1 of the General Plan which states "Encourage new mixed/multi-use m developments in areas that are currently vacant or underutilized-"and "Require Planned r Developments for new mixed/multi-use projects proposing a mix of residential and commercial uses." O The subject proposal is for 184 condominiums in six buildings, two pools, a small tennis stadium, and a Grand Central building that will contain containing a fitness/wellness center, a restaurant, lounge/cafe, office-space and retail uses; all of which will be m opened to the general public. Z The properties within the vicinity of the subject site are developed to the north with multi-family condominiums, to the east with a commercial shopping center, and to the west with multi-family apartments. Property south of the project site is vacant. The surrounding land uses, General Plan designations and Zoning districts are summarized in Table 1. v Table 1: Surrounding land uses, General Plan designations, and Zoning — W Land Use General Plan Zoning North Multi-Family Medium Density Residential R-G-A (8) condominiums East Shoo ink Center Neighborhood /Community Commercial C-D-N — South Vacant Medium Density Residential and R 2 0 Neighbor ood/Communi Commercial We ist Multi-Family Mixed-Use and Regional Commercial R-3 and Apartments and C-2 Commercial Planning Commission Staff Report January 9,2003 Case!5.1135 PD334,TTM35623 Page 4 of 11 ANALYSIS Access r The main access to the project is from Matthew Road on the south side of the property with secondary access from Linden Way.. This drive-aisle will bring users to the front of the Grand Central building and from there can travel the complex to any of the various parking areas. Residents will travel to the building that houses their unit and access the Z underground parking. m Parking Under the provisions of Section 93.06.00 of the Zoning Code, the applicant is required to provide 439 parking spaces (330 residential and 109 commercial) as follows: Use Standard Unit Quantity Total 0 2 Bedroom Units 1.5 per dwelling 174 261 M 3 Bedroom Units 0.75 per room 10 23 C Guest Parking 1 per 4 dwellings 184 46 Grand Central Building 1 per 250 sq. ft. 27 062 109 m 439 I— The applicant proposes to provide 405 total parking spaces; 294 in a subterranean 0 parking structure for residents and 111 surface spaces for guests and commercial uses. .� 46 surface parking spaces are reserved for guests and the remaining 65 surface parking spaces are allocated to the Grand Central building. The applicant proposes to provide all required parking for residential uses and is requesting a 44 space (10%) m reduction to the requirement for the Grand Central building. Staff supports this reduction in that it is likely that many of the patrons to the Grand Central building will be Z on-site residents who are not required to drive to the facility. The project is also providing 14 handicap parking spaces in the underground parking structure and 5 surface spaces, which meet ADA requirements. Architecture v The architectural style is predominantly modern, however, it is not meant to reference a -- particular vernacular. The architecture is based on simple forms and the use of a Cn minimum number of materials. The forms are interlocked and heights vary for visual interest_ At the same time the forms are repeated for unity, order and rhythm. The buildings integrate both two and three story elements that accentuate the variety in the massing. All window openings are provided with solar shades. The exterior walls are constructed with an ICF (insulated concrete form) system. The specific product is 0 Rastra. This system is composed of recycled Styrofoam and has excellent thermal and fire resistant characteristics. It is intended that the project, both architecturally and in the use of materials, be environmentally sensitive. Planning Commission Staff Report January 9,2008 Case 5.1135 PD334,TTM35623 Page 5 of 11 The colors are generally taken from the surrounding natural landscape. Gold is inspired by the color of the grass on the hills to the south and the purple-gray is inspired by rock formations on the hills to the south. The applicant is using a variety of greens and some 1— earth tones in the brown family to keep a generally natural color schenie. a Planned Development District Z The applicant is requesting a Planned Development District to allow permanent Z residential uses on property with a General Plan designation of Mixed-Use/Multi-Use. m The applicant is also requesting an increase in the height of the buildings from the maximum height of 24 feet and two-stories to 35 feet and three stories. Under the provisions of Section 92.04.03(D)(2)(c) of the Zoning Code, high rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00 of the Zoning Code. Under the provisions of Section 93.04.00(C)(1), a high 0 rise building shall have a minimum setback of three feet of horizontal setback for each m one foot of vertical rise of the building C Table 2: Comparison of Existing General Plan, Existing Zoning and Proposed m PDD334 Standards r General Plan zonin Proposed Standards Q Uses Mixed-Use Multiple-family 184 condominiums, restaurant, dwellings, Hotels lounge/cafe, fitness/wellness and resort hotels center, two pools and a small tennis stadium Density 15-30 du/a 22 du/acre 14 du/acre m 43.6 rooms/acre Z Open Space n/a Min. 45% usable 62.53% usable landscaped area landscaped open including retention basins, space and swimming pools, tennis court outdoor living and stadium and walkway systems recreation between Setbacks n/a 125 feet. From 125 feet from the center line of 0 the center line of East Palm canyon Drive East Palm canyon Drive and 105 feet from the opposite side 105 feet from the of Matthew Dr. and Linden Way opposite side of Matthew Drive and Linden Way. Bldg n/a 15ft. Approx. 35 feet 0 Separations Height n/a 24 feet and 2-sty. 35 feet. And 2 & 3 story Height n/a High rise Grand central Bldg. 38'-11" to Exceptions buildings up to 60 roof and 43'-0"to the parapet; Planning Commission Staff Report January 9,2008 Case:5 1135 PD334,7rM35523 Page 6 of 11 General Plan Zonin Pro osed Standards ,v feet subject to Section 93.04.00 r Parking n/a 433 spaces 405 spaces ara proposed required n Tentative Tract Map z Under the provisions of Section 66426 of the State Code, A tentative and final map shall m be required for all subdivisions creating five or more condominiums. The proposed v Tentative Tract Map is for the subdivision of approximately 1328 acres into one lot for condominium purposes. REQUIRED FINDINGS v Architectural Approval m C Although there are no required findings for applications for architectural approval which m require environmental assessments; the Zoning Ordinance Section 94.04.00(D)(1) through (9) provides guidelines for the AAC to review development projects. Specific aspects of design shall be examined to determine whether the proposed development 0 will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is "p of good composition, materials, textures, and colors. Conformance will be evaluated, based on consideration of the following: m 1. Site layout, orientation, location of structures and relationship to one another and to Z open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; --I Access throughout the proposed project connects all of the condominium buildings with the Grand Central building and the recreational amenities. The parking lots and walkways are designed according to the requirements of the Uniform Building Code and ADA regulations, including accessible pathways, handicapped parking spaces and vehicular access. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The area contains a variety of several architectural styles. The architecture avoids C7 monotony through variations in color and vertical and horizontal elements. The clean lines of the building, similar landscape plant material and setback areas create harmony with the existing neighborhood. 60GGV7 Planning Commission Staff Report January 9 2008 Case:5.1135 PD334,TTM35623 Page 7 of 11 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure .0 (buildings, walls, screens, towers or signs) and effective concealment of alf mechanical equipment; r The proposed height of the building varies from 27'-7" to 45'-0" (including a parapets). The proposed buildings will be setback a minimum of 30 feet from the _ Z ._ new right-of-way of Matthew Drive, Linden Way and East Palm Canyon Drive. Z 4. Building design, materials and colors to be sympathetic with desert surroundings; Ill and O 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures, which are visible simultaneously; The architecture is based on simple forms and the use of a minimum number of 0 materials. The forms are interlocked and heights vary for visual interest. At the m same time the forms are repeated for unity, order and rhythm. The buildings integrate both two and three story elements that accentuate the variety in the C massing. The colors are generally taken from the surrounding natural landscape. m Gold is inspired by the color of the grass on the hills to the south and the purple- r gray is inspired by rock formations on the hills to the south. The applicant is using a variety of greens and some earth tones in the brown family to keep a generally Q natural color scheme. 6. Consistency of composition and treatment; The proposed project consists of six two and three-story structures surrounding the M Grand Central building. The buildings are of the same composition and treatment Z except for the Grand Central building, which has its own distinct design to give it prominence. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of a/I plant materials; The vacant site contains a scattering of indigenous insignificant shrubbery. There — are no specimen trees to preserve. The landscape design proposes drought (/) tolerant trees, shrubs, and groundcover. Emitters will deliver water to each individual plant, therefore practicing water efficient irrigation methods. Planned Development District n Findings can be made in support of establishing the proposed Planned Development District as follows: 006058 Planning Commission Staff Report January g 2008 Case,5.1135 PD334,T-FM35623 Page 8 of 11 1. The proposed planned development is consistent and in conformity with the General Plan pursuant to Sections 94.07.00 (A)(1) and 94-02.00 (A)(4) of the Palm Springs Zoning Code- r The proposed request is consistent with the General Plan including Policy LU8.1. n A Planned Development District is utilized in the Mixed-Use/Multi-Use Z designation to ensure that all proposed uses are properly integrated and to allow Z implementation of development standards that are customized to each site- m 2. The subject property is suitable for the uses permitted in the proposed planned 0 development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of a residential retired development- It is relatively flat and located at the intersection of a secondary O road and a major thoroughfare- The proposed project is conveniently located to m existing shopping and restaurants- 3- The proposed establishment of the planned development district is necessary m and proper, and is not likely to be detrimental to adjacent property or residents. r The establishment of the proposed Planned Development District is necessary to 0 allow an increase in height from 24 feet and 2-stories to 35 feet and 3-stories. The property is currently zoned R3 and is designated Mixed-Use/Multi-Use- The project is not likely to be detrimental to adjacent properties as it is consistent with the General Plan and generally consistent with the zoning code. Apartments to the west are 2 stories in height. There is no residential development to the east m and therefore the project will not block any residential scenic views- The mixed- Z use nature of the project is consistent with the mixed-use pattern of development in the area. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The subject site is located along East Palm Canyon Drive (Major Thoroughfare) between Linden Way and Matthew Drive- The existing road network is designed for multiple-family and commercial development. X Tentative Tract Map _ Additional findings are required for the proposed subdivision pursuant to Section 66474 0 of the Subdivision Map Act. These findings and a discussion of the project as it relates --� to these findings follow: ��i 015 2 i Planning Commission Staff Report January 9,2006 Case:5 1135 PD334,T-FM35623 Page 9 of 11 1. The proposed Tentative Tract Map is consistent with all applicable general and .� specific plans. r - The proposed Tentative Tract Map is consistent with the goals and objectives of a the Mixed-Use/Multi-Use General Plan designation which governs the subject property. The surrounding area is developed with multiple-family condominiums a Z shopping center and service commercial uses. Z 2. The design and improvements of the proposed Tentative Tract Map are M consistent with the zone in which the property is located. O The proposed project design and improvements are consistent with the proposed R3 zone in which the property for the proposal is located, Development standards proposed as part of the Planned Development District provide flexibility in design details related to on-site parking, building arrangement, 0 setbacks and building height. m 3. The site is physically suited for this type of development, C The site is vacant and slightly undulating and measures approximately 13.28 mr acres which is large enough to accommodate the proposal applying the required development standards. 0 4. The site is physically suited for the proposed density of development- The proposed 13.28 acre development area of project site can accommodate the proposed six buildings containing 184 condominium units, the Grand Central m building, recreation facilities, parking and associated landscaping without significant Z grading, the site abuts an improved public street with existing utilities, and the site is access by a secondary thoroughfare. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats- 0 The Mitigated Negative Declaration prepared for the proposal adequately — addresses the general environmental setting of the project and finds that the CA project will have no adverse impact on the environment with the implementation of the mitigation measures. -I 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems- 0 The design of the proposed subdivision includes the provision of public water and --I sewer systems. A development agreement for the construction of Line 41 drainage facility is required and will protect the development and surrounding area from flooding. 00aC,60 Planning Commission Staff Report January 9,2008 Case:5.1135 PD334,TTM35623 Page 10 of 11 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the r property within the proposed subdivision. a The design of the subdivision will not conflict with easements for access through or Z use of the property. Z ENVIRONMENTAL ASSESSMENT Ill Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) 0 Guidelines, an Initial Study was prepared and a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was sent to applicable agencies and published in the Desert Sun on November 28, 2007, for a 20-day review period. O As of the writing of this report, Staff received comments on the MND as follows: m • Riverside County Flood Control and Water Conservation District commented on C the Hydrology and Water Quality portion of the MND. In response, Staff M reviewed this portion of the MND and found the information and mitigation r measures adequate to address the issues of 100-year flooding and Line 41 improvements. Q • The United States Fish and Wildlife Service (USFWS) commented on the Biological Resources portion of the MND. USFWS indicates that adequate habitat for Casey's June Beetle is present on-site. In response, Staff reviewed the biological assessment prepared for the project and confirmed that Casey'$ C77 June Beetle is not present on-site nor has the species been identified in the area of the project. Z • The Agua Caliente Band of Cahuilla Indians commented on the Biological Resources portion of the MND. The Tribe indicated that the project is within the reservation and therefore subject to the Tribal Habitat Conservation Plan. In response, Staff has revised the Biological Resources portion of the MND to address the Tribal Habitat Conservation Plan. O Pursuant to Section 15073.5 of the CEQA Guidelines, changes have been made to the MND after circulation of the NOI, however these changes are not substantial and therefore do not require re-circulation of the NOI. Changes were made to reflect the adoption of the General Plan update. Changes were made to the Project Description, Air Quality, Biological Resources, Land Use and Planning, Population and Housing, and X TransportationiTraffic sections of the MND. _ 0 GGOOSi Planning Commission Staff Report January g,2008 Case 5,1135 PNU,TTM35623 Page 11 of 11 NOTIFICATION A public hearing notice was advertised and mailed to all property owners within 400 feet r of the subject property/adjacent property owners. As of the writing of this report, Staff has not received any comment. z z m ' o 14tdpher Brown rai A. in ICP Contract Planner Dire r of PI g Services ATTACHMENTS: 0 m 1. Draft Resolution 2, Vicinity Map C 3. Mitigated Negative Declaration M 4. Mitigation Monitoring and Reporting Program r 5- Tentative Tract Map 35623 6. Site Plans 0 7. Preliminary Grading Plan 8- Landscape Plans 9. Elevations m z v CA n - I MOE ? RainbowVision Resort Retirement Community Mitigated Negative Declaration Revised: December 2007 pA-LM Sp Prepared by rt The City of Palm Springs U U1 October 2007 * CIO,? `A� C' POftAYEp '9tIFORN�P 0000SS RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL CHECKLIST FORM 1. Project title: Rainbow Vision Resort Retirement Community 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Christopher Brown Contract Planner (760) 323-8245 41 Project location: Southwest corner of Gene Autry Trail and East Palm Canyon Drive (California State Highway 111) (APN 681-170-038 and 039), a portion of Section 30, Township 4 South, Range 4 East, Cathedral City Quadrant, S.B.M 5. Project sponsor's name and address: RainbowVision Palm Springs, LLC 4001 Office Court Drive #403 Santa Fe, NM 87507 6. General plan designation: Mixed-Use/Multi-Usc - the Mixed-Use/Multi-Use Gcncrol Plan land use designation provides for community-serving retail commercial, professional offices, service business, restaurants, daycare Centers, public and quasi-public, and residential uses. Planned development districts are required for mixed-use projects to ensure that all proposed uses are properly integrated. 7. Zoning: W-R3 Walercourse/Multi-Family Residential and Holel Zone The R-3 Zone is intended to provide for the development of high density apartments, hotels and similor permanenl and resorl housing and certain limited commercial uses directly related to the housing facilities. (Ord. 1294 (part), 1988) The "R" resort overlay zone is intended primarily to provide for accommodations and services for visitors to the community seeking the recreolional activities, a pleasant convention environment and relaxation for which Palm Springs has become known, while guarding against the intrusion of competing land uses. 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project consists of a Planned Development District (PD) # 334 and Tentative Tract Map 35623 (RoinbowVision Rcsort Retirement Community) to facilitate development of 184 age- diverse (50+) active senior adult, two-bedroom condominium units (customized "hotel-style" residences for resort retirement living), and units with associated gathering spaces, extensive recreation facilities, dining, spa and fitness facilities. In addition, the project will include administrative and support services (such as a space for housekeeping activities, dining and RainbowVision, initial Study October 2007 2 ry O r f RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION food preporalion, and security) that will be solely for the benefit of the residents of the Community. The site is proposed to be gated and accessed from Matthew Drive, approximately 525 feet east of Linden Way centerline, as the main site access. A secondary access point is located along Linden Drive, approximately 545 feet north of Matthew Drive centerline. This secondary access will also provide emergency vehicle access and be utilized by service vehicles. The proposed project would be located on a 13.28-acre site with an elevation averaging approximately 350 feet above sea level and lies on an alluvial plain created by runoff from the Santa Rosa Mountains to the immediate south. Although the project site is essentially flat, topographic maps indicate that it slopes gently to the north and east. Site soil consists of fine course sand with occasional rocks and boulders. There are seven buildings clustered through-out the site with the main grand central building located in the center of the site. Pertmeier buildings hove been designed with varied building heights (mixed two and three stories) to reduce bulk and provide a more attractive Modern Style building design. The Grand Central Building will be a maximum of two stories in height. The applicant's indicates that the project will be built in one phase. No additional phases are proposed for the construction of the project. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North- Multiple Family Residential Properties, R-3/R-G-A (8)(I.L.) Zones, South- Multiple Family Residential Properties, R-2/W-R-2 Zones, Redevelopment Area 9-G East- Commercial Property, W-C-D-N Zones, Redevelopmenl Area 9-G West- Multiple Family, Vacant and Commercial Property, W-R-2/C-2(I.1_.) Zones, Redevelopment Area 9-G 10. Riverside County Flood Control & Water Conservation District; Federal Emergency Management Agency whose approval is required (e.g., permits, financing approval, or participation agreement). a. Regional Water Quolity Control Board RainbowVision, Initial Study October 2001 RAIN mkN_.5 m_. NEGATIVE DEC_ea K_ i Project Vicinity Map i ±�2 Ei . W Oi` � IN R j •' �. | � � | � o � i e )! i ® 9 }• � a y�y / � (Source: Rainbow Vision,Traffic impact Analysis, Endo Engineering, l2Z , 6) Note,Project+mmap Not to Scale ®wVh initial y -- ��. _z , . OnOgEE RAIN 80WVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Figure 2: Project Location Map Desert LiI<rs Or E Eagle Way Seven Lakes Ur m c m a co n � � i91 c Arbor Ct d r i'alih C3raya, t?r parm c n F Cr E Waverly Or m 1 `�•.. Seminvle A.d v n„ v �, Pal 7� f µrs p j�ti ��IrJ, Oi A E Matthew Or Prolcct Site �r a CO vrinM U 2000 mloroso(t Cor .sndlbr Its supollers.All rlgPds reserved. (Source: Exterior Noise Analysis, Bridge Net International, 11/15/2006) Note:Project Location Map Is Not to Seale RainbowVision, Initial Study October 2007 5 0000S7 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Figure 3: Site Plan ❑ r 6 / � I � I i I (Source: Rainbow Vision, GMID, 2/2007) Noie'Project site Pion is Not to SCole RainbowVision, Initial Study October 2007 6 . • U ���e7a RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: THE ENVIRONMENTAL FACTORS CHECKED BELOW WOULD BE POTENTIALLY AFFECTED BY THIS PROJECT, INVOLVING AT LEAST ONE IMPACTTHAT IS A "POTENTIALLY SIGNIFICANT IMPACT"AS INDICATED BY THE CHECKLIST ON THE FOLLOWING PAGES. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning © Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance RainhowVision, initial Study October 2007 7 60662 ,91 RAINBOWANITIAL STUDYiMITICATED NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed projecl MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on ottoched sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: Edward O. Robertson, Principal Planner Date: RainbowVision, Initial Study October 2007 n �7 RAINBOWVISIONIINITIAL STUDY/MITIGATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the informalion sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show Ihat the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollulonts, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as projecf-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" enlries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how They reduce the effect to a less than significant level (mitigation measures "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effecl has been adequately analyzed in an earlier EIR or negative declarolion. Section 15063(C)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorpora[cd," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which [hey address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, Include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. W RainbowVision, Initial Study October 2007 9 O000 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effecis in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any to reduce the impact to less than significance Rainbo w0sion, Initial Study October 2007 10 QQQ0P12 RAI NBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Le$1 Than Significant Mitigation Significant Impact incorporated Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ Elvista? 0 El b) Substantially damage scenic resources, including, bur not limited to, trees, rock ❑ © Eloutcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its EJ ❑ ® ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ® El views in the area? a,c) Less than SignifIcant Impact. The proposed project site lies on the fringe of on alluvial for) with a dramatic change from desert to mountain. The project has carefully considered the surrounding area. Wide, landscaped setbacks hove been designed along the perimeter of the entire site including: East Palm Canyon Drive; Gene Autry Trail; Moithew Drive; and Linden Drive. The two and three story structures have been designed in clusters on the site. The setbacks to the buildings range from 30 feet to 145 feet in depth from the surrounding streets. The most significoni setbacks have been provided along East Palm Canyon Drive where they measure from 40 feet to 145 feet in depth. The area between the property lines and buildings include pathways, landscaping, and perimeter walls. As required by all uses, the proposed development includes a 125-foot building setback from the centerline of East Palm Canyon Drive. The majority of the off-street parking requirement will be met by under building parking thol will allow 45% of the site to be retained as open space. Building pads will be graded at approximately two foot inlervols on a less than one (1) percent grade which approximates the current, undeveloped grade in cluslers of two and three story buildings. The color palette is a mix of browns and grays that blend well with the surrounding desert environment and the surrounding neighborhood. The landscape palette consists of nalive or comparably appropriate plant species to be planted in natural desert soil. The applicant has submitted a preliminary landscape plan utilizing drought tolerant (low to moderate water usage) indicating a predominance of Mexican Fan Palms, Ironwoods and Desert Willows accompanied by various shrubs and groundcovers. The overall affect is to create lush desert landscape areas throughout the project. The project will blend with the scenic vista and will not degrade the visual character of the surrounding area. The project was reviewed by the City's Architectural Advisory Committee (AAC) on April 9, 2007, Comments were made regarding building massing along Matthews Drive, solar covers on the windows and street fronting landscaping. Overall, the project received a positive response from the AAC and was unanimously recommended for approval to the Planning Commission. Therefore, impacts to a scenic vista and visual quality of the area will be less than a significant impact. RainbowVision, Initial Study October 2007 - oU�LJ J7 �J RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b) Less than Significant Impact. The project will not destroy any trees, rock outcroppings or historic buildings. Although Highway 11 1 from Inlerstaie 10 to Highway 74 is an eligible scenic highway (1993 Palm Springs General Plan - Scenic Corridors), no plans 10 adopi a Scenic Corridor Protection Program hove been proposed. Therefore, the impact will be less ihan significant, d) Less than significant Impact. An increase in Iighl and glare would occur as a result of the project being constructed on a currently vacant site. These impacts would be limited to lighting associated with landscaping, parking lots, homes and automobile headlights. The landscaping lighting would not create substantial light or glare and would conform to Seclion 93.21.00 of the City's Outdoor Lighting Standards. Lighting from automobile headlights would be Iimiled since only 184 units are proposed, on-site lights are limited, and will be to o large extent blocked by struciures onsite. Therefore, impacts to visual character, including light and glare, are considered to be less Ihan significant. Rainbowl/ision, Initial Study October 2007 12 dUU41 � RAINROWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ M Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The proposed site is located in on area that does not contain prime, unique, or farmland of statewide importance. Therefore, no impact would occur. b) No Impact. No Williamson Act Contracts are located on the project site. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site (General Plan EIR 1992). Therefore, no impacts io Williamson Act Contracts would occur. c) No Impact. The proposed project site is located in an urban area. Land next to the proposed project site is either vocani or parlially developed. Developed lands include multiple family residential and commercial. There will be no impact to agricultural land. RainbowVision, Initial Study October 2007 13 000075 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than SignifiCant Mitigation Significant Impact Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) violate any air quality standard or Contribute El El Elsubstantially to an existing or projected air El quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an El ® El El federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ® ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ Z ❑ number of people? a) Less than Significant:. The project is within the jurisdiction of the South Coast Air Quality Managemenl District (SCAQMD). The SCQAMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future; and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has met since 1992. The revision of the AQMP points to the urgent need of addilional emissions reductions (beyond those incorporated in the 1997/99 Plan) from all sources, specifically those under the jurisdiction of the California Air Resources Board and the US EPA, which account for approximately 80 percent of the ozone precursor emissions in the Basin (www.agmd.gov/aqmp/). The proposed development would be to construct 184 two and three story residential condominium units with a central facilities building. The project is within the Resort Commercial (RC) land use designation, with the eastern potion of the site within the Resort Combining Zone. The project is consistent with the General Plan Mixed-Use/Multi-Use land uses designation that permits residential development with approval of a Planned Development District (PDD). The project proposes a density of 14 dwelling units per acre. The project is also consistent with the Resort Combining Zone designation in that findings have been made as to why the residential development is more appropriate then hotel development. Impacls Io the implementation of the 2003 AQMP would occur if the project was inconsistent wilh the City's General Plan. As this is not the case, the projecl is anticipated to have less than significant impacts. b,d) Less than Significant with Mitigation: The Federal and California State Ambient Air Quality Standards for important pollutanls are summarized in Table III-1 and described in detail below. Rainbowvision, Initial Study October 2007 14 0 0 C,0 RAINBOWVISIONANITIAL STULIY/MITIGATED NEGATIVE DECLARATION TABLE 111-1 FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time Federal Primary Standard State Standard 7-Hour - 009 ppm Ozone(O}) 8- 1 lour 0,08 ppm 0.07 ppm Carbon Monoxide (CO) 8-1-lour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppin Annual 0.053 ppm - Nitrogen Oxide(Non) I-Hour - 0.25 ppm Annual 0.03 ppm - Sulfur Dioxide(SOz) 24-Hour 0.14 ppm 0.04 ppm 1-Hour - 0.25 ppm 24-Hour 150/Win, 50IWM' PM'" Annual 50/8/m' 20,tg/m' 24-Hour 65/g/m' - PMis Annual 1SP.- m' 12)g/m' Lead 30-Day Avg - 1.5 Xim' MonLh Avg. 1.5 Wim" - Visibility Reducing 8-Hour - See Below Particles Sulfates(S042) v24-Hour - 25 am' Hydrogen Sulfide(1-12S) 1-Hour - 0.03 ppm Vinyl Chloride 24-Hour - 0.01 ppm Source- California Air Resources Board, "Ambient Air Quality Standards,'May 77, 2006 W. Picini - parts per million lg/m3 - micrograms per cubic meter Ozone(O.,) is Elie most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons, known as ozone precursors, arc combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye Irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas farmed by uicomplee combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the bmld-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter. The most significant source of carbon monoxide is gasoline powered automobiles, as a result of inefficient fuel usage in Inrernal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides(NOx) the primary receptors of ultraviolet light initiating the photochemical re2ctrnn5 to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contrbutors to other air pollution problems including:high levels of tine particulate matter,poor visibility and and deposition SW/nr Dioxide (SO2) results from the combustion of high sulfur content fuels Fuel combustion is the major source of S02, while chemical plants,sulfur recovery plants,and metal processing are rumor contributors.Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight. S02 levels arc generally higher in the winter than in the summer(when sunlight is plentiful and sulfate is more readily formed). Particulate Matter(PM10 and PM2.5) conSIScs of pdrucles in the atmosphere as a byy-product of fuel combustion,through abrasion such as urn wear, and through soil erosion by wind. Particulates can also be formed t]vough photochemical reactions in Elie atmosphere. PM10 refers to finely divided solids or liquids such as noof, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2 5 micrometers in diameter and are also referred to as PM2.5. Lead is found in old paints and coatings,plumbing and a variety of olher materials. Once in the blood stream, lead can cause damage to the brain, nervous system, and other body systems Children are most susceptible to the effects of lead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in atrarnment for the federal and State standards for lead. Visibility Reducing Particles consist of suspended particulate matter, which Is a complex mixture of tiny particles that con5i5ts of dry solid fragments, solid cores with liquid coatings, and small droplets of liquid. These particles vary greatly in shape, size and chemical composition, and can be made up of many different materials such as metals, soot, soil, dust,and salt. The Statewide standard is intended to limit the frequency and severity of visibility impairment due to regional haze. A separate standard for visibility-reducing Particles that is applicable only in the Lake Tahoe Air Basin Is based on reduction in scenic quality. The California Air Quality Standard rs the extinction coefficient of 0.23 per kilometer-visibility of ten miles or more due to particles when relative humidity rs less than 70 percent. Sulfates (5042) are the fully oxidized ionic form of sulfur. Sulfates occur m curribinduon with metal and/or hydrogen Ions In California, emissions or sulfur compounds occur primarily from the combustion of petroleum-derived fuels(e.g.,gasoline and diesel fuel) that contain sulfur This sulfur is oxidized to sulfur dioxide (S02) during the combustion process and Subsequently converted to sulfite compounds in the atmosphere. The conversion of 502 in sulfites takes place comparatively rapidly and completely in urban areas of California due to regional meteorological features. The ARB s sulfates standard is designed to prevent aggravation of RainbowVision, Initial Study October 2007 15 0o�� � � RAINBOW/INITIAL STUQY/MITIGATED NEGATIVE DECLARATION respiratory symptoms Effects of 5ulfale exposure at levels above the standard include a decrease in ventilatory function, aggravation of asthmatic symptoms, and an increased risk of cardio-pulmonary disease. Sulfate% .ire particularly effective rn degrading visibility, and, due to fact that they are usually acidic,can harm ecosystems and damage materials and property. Hydrogen Sulfide (HS) is a colorless gas with die odor of rotten eggs. I4 is formed during bacterial decomposition of sulfur-containing organic substances, Also, a can be pmsent in sewer gas and some natural gas, and can be emitted as the result of geothermal energy exploitation Breaching H25 at levels above the standard will result in exposure to a very disagreeable odor. In 1984,an ARB committee concluded that the ambient standard for H25 is adequate to protect public health and to significantly reduce odor annoyance. Vinyl chloride (chlorcefhene), a chlorinated hydrocarbon, is a colorless gas with a mild, sweet odor Most vinyl chloride is used to rnekc polyvinyl chloride(PVC)plastic and vinyl products Vinyl chloride has been defected near landfills,sewage plants,and hazardous waste sites, due to microbial breakdown of chlorinated solvents. Short-term exposure to high levels of vinyl chloride in air causes central nervous system effects, such as dizziness, drowsiness,and headaches. Long-term exposure to vinyl chloride through inhalation and oral exposure causes in liver damage.Cancer is a major concern from exposure to vinyl chloride via inhalation. Vinyl chloride exposure has been shown to increase the risk of angiosarcoma,a rare form of liver cancer in hurnams. The SCQAMD has established significance thresholds for operational and construction-relaled emissions. Daily and quarterly thresholds are established. Since a project's quarterly emissions are determined by averaging over a 3-month period (Including only actual working days), it is possible to not exceed the quarterly thresholds while exceeding the daily thresholds shown in Table III-2. TABLE III-2 EMIssioNs SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY) Pollutant CO ROG NO, SOx PM" Lead Operational Emissions Pounds/pay 550 75 100 150 150 3 Construction Emissions Pounds/Day 550 75 100 150 150 3 source- SCQAMO, CLQA Air Quality Handbook, November 1995 *For Coachella Valley. the mass daily thresholds for operation are the some as the construction fhrosholds. •Projects in the Coachella Valley wilh peak (highest daily) operation-rclatcd omissions that exceed any of these emissions thresholds should be considered significant. An Air Quality Impact Study was prepared by Endo Engineering on June 26, 2006, The report assessed short-term and long-term individual impocis as well as shorl-term and long-term cumulative impacts. Shorl-Term Air Quality Impacts Potential short-term air quality impacts are caused by grading and construction operations. Based on Table III-3, individual grading and construction activities are not anticipated to exceed any threshold of significance. This finding assumes that certain operations do not occur simultaneously, parliculorly the application of architectural coatings, asphalt paving and building construction. The City's requirements for PM10 management will be strictly enforced. The project proponent will be required to submit a PM10 Management Plan, which will include requirements such as sile wafering, soil stabilization, tire washing and other measures to assure that impacts associated with dust generation at the project site are reduced below SCAQMD thresholds. Equipment used and operalions performed during the construction process will have a short- term impact on air qualily. These impacls include: 1. diesel exhaust emissions from the conslruclion equipment used as well as the vehicles used to transport the off-highway construction equipment required; RainbowVision, fnitial Study October 2007 16 OQ O N RAIN BOWVISION/I NITIAL STUDY/MITIGATED NEGATIVE DECLARATION 2. emissions from the commute vehicles of construction workers; 3. particulate emissions (fugitive dust) during excavation, grading and clearing activities; 4. exhaust emissions from the heavy vehicles used to transport building materials to the site; and 5. off-gassing emissions from the architectural coatings used for buildings and paving used for roadway improvements The potential impacts associated with the preceding ore depicted in Table III-3, below, As shown, the unmitigated construction emissions estimates are not expected to exceed SCAQMD thresholds of significance. Table III-3 Peak Day Unmitigated Construction Emissions Estimates Pounds perDa * Emissions Source ROG NOx CO PM10 Site Grading Phase -Fugitive Dust - - - 105. 60 -Off-Road Diesel 8. 99 59. 50 73. 42 2-44 -On-Road Diesel 0. 00 0. 00 0. 00 0-00 -Worker Trips 0. 10 0. 17 1. 98 0-01 Subtotal 9. 09 59. 67 75.40 108.05 Construction Process -Off-Road Diesel 13. 42 88 . 68 108.00 3.99 -Worker Trips 0. 85 0. 4_5 10.36 0.18 Subtotal 14 ,27 89.13 118 .88 3.47 Architectural Coatings -Off-Gasing 69.79 - - - -Worker Trips 0.85 0.45 10. 88 0. 18 Subtotal 70. 64 0. 45 10.88 018 Asphalt Paving Process -Off-Gasing 0. 36 - - - -Off-Road Diesel B. 64 52.78 72.35 1.81 -On-Road Diesel 0. 07 1-01. 0.25 0.03 -Worker Trips 0.03 U_02 0. 41 0.01 Subtotal 9. 10 53.81 73.21 1_85 Maximum All Phases 70. 64 89. 1 .3 3.18-88 108.05 Daily Threshold 75 10n 550 150 Threshold Exceeded? No No No Na Source:Rainbow Vision Resort Retirement Community PDD,Air Quality Impact Study,2006 S02 emissions will not be produced by any activity from this project,therefore they hove not been included in this table In addilion to Thresholds for daily emissions. SCAQMD has also established a quarterly threshold. li is possible to exceed the quarterly threshold without exceeding the daily threshold, as is evident in Table III-4. Exceedonce of the quarterly threshold for NOx is a potentially significant impact. Mitigation measures have been implemented below to ensure that quarterly emissions of NOx are reduced to a level less than significant. The modeling for quarterly NOx emissions also assumes that all heavy equipment will be active simultaneously, which is not the case. This will also reduce the amount of NOx that is emitted. RainbowVision, Initial Study October 2007 17 00��7 ?0 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table UI-4 Peak Day Unmitigated Construction Emissions Estimates Tons per Quarter)* Emissions Source ROG NOx CO PMIO Site Grading Phase 13 weeks 0.30 ].- 94 J 2.45 3.51 Building Construction I3 Weeks 2-30 2. 90 3.86 0. 11 SCAQMD Threshold 2. 5 2.5 24 .75 6.75 Threshold Exceeded No Yes No No Source:Rainbow Vision Resort Reiirsment community PDD,Air Quality Impact Study,2006 Long-Term Qperationcpl Impacts Once constructed, the proposed project will generate pollutants from vehicular trips associated with the residents' activities during the day, landscape maintenance, use of natural gas and use of consumer products. Table III-3 represents expected operational emissions on summer and winter days. The majority of operational emissions will result from motor vehicle emissions, including running exhaust, tire wear parliculates, brake wear particulates, variable starts, hot soaks, diurnal emissions, resting losses and evaporative running losses. A small fraction of operational emissions will result from space and woler heater fuel combustion, fuel combustion for landscape maintenance and consumer product emissions from air fresheners, outomolive products, household cleaners and personal care products. Table III-5 indicates the operational emissions for the project Thresholds of significance will not be exceeded for individual operational impacts. Therefore, no mitigation will be required. RainbowVision, Initial Study October 2007 to WHO RAINBOWVISION/INITIAL STUDYWITIGATED NEGATIVE DECLARATION Table III-5 Project Buildout Operational Air Pollutant Emissions Year 2008 Pounds per Da Emissions Source ROG NOx CO S02 PM10 SUMMER DAY Motor Vehicles 9,78 6,28 77 ,89 0. 05 6. 90 Area Sources -Natural Gas 0-20 2- /8 1 - 18 -- 0.01 -Landscaping 1-40 0-05 9- 1 .9 0. 10 0. 04 -Consumer Products 9.25 -- -- -- -- -Architectural Coating 7 . 56 -- -- -- Subtotal 20. 04 2,83 10, 33 0. 10 0. 05 Total 29.81 9.11 88.23 0. 15 6. 96 WINTER DAY Motor Vehicles 5.70 6. 62 61. 81 0-04 6. 90 Area Sources -Natural Gas 0.21 2.78 1. 18 0.01 -Landscaping -- -- -- -- -- -Consumer Products 10-e 6 -- -- -- -- -Architectural Coatings 7.56 -- -- -- -- Subtotal 18. 64 2.78 1. 18 0.00 0-01 Totals 24 . 34 11.40 62. 99 0.04 6. 91 Doily Threshold 75 100 550 150 150 Threshold Exceeded? No No No N0 No Source:Rainbow vision Resort Retirement Community PDD,Air Quolity Impact Study,2006 The following mitigation measures would be implemented to reduce impacts to a less than significanl level: Mitigations Measures MM III-1 The City's Fugitive Dusl Control Ordinance (Chapter 8-5 of the Municipal Code) requires a Dusl Conlrol plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the fallowing: A. Adequate watering techniques shall be employed to partially mitigate the impact of construclion generaled dust particulates- Portions of the project site ihat are undergoing earth moving operations shall be watered such that o crust will be formed on the ground surface and then watered again at the end of the day- B, The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these planls shall be installed as soon as possible to maintain the ground cover and minimize blowsond. D- Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts. Rainbo w0sion, Initial Study October 2007 19 0900661'L RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION E. Construction access roads shall be paved as soon as possible and cleaned after each workday. F. All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. G. A short-term stabilization plan shall be included in the plan for after hours and weekends. The oppliconl shall forward the plan to the Southern California Air Quality Management District (SCAQMD) after approval. MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the inilialion of earth moving activities. MM III-3 The City shall notify the SCAQMD within 10 days of the completion of earth moving oclivilies. MM III-4 Construction signage in conformance with City standards shall be posled on Tram Way, San Marcos Way and North Palm Canyon Drive regarding the reporting of blowing dust on the site. MM III-5 Earth moving operations shall include a water application system while earth moving is active. MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. MM-III-7 Any construction access roads shall be paved and cleaned after each work day. The maximum vehicle speed on any unpaved road surfaces shall be limited to 15 mph. Maximum speed limited shall be conspicuously posted on unpaved roads. MM-III-8 Paving activities and use of equipment for construction of buildings shall not be used concurrently. MM III-9 Where feasible, low emission building materials such as pre-primed and sanded wood molding and trim products and pre-primed wallboard shall be considered for construction materials. Plans submitted for building permits shall indicate where such materials will be utilized. c) Less Than Significant with MifigaHon: Long-term cumulative operational impacts may occur when a General Plan amendment application is submitted that will induce growlh over that anticipated by the AQMP. A General Plan amendment has not been submitted for this project- Long-term cumulative impacts are onlicipaled to be less than significant. Short-term cumulative conslruclion related impacts may occur when multiple project are being construction at the some time in relatively close vicinity to each other. The Coachella Valley as a whole and the City of Palm Springs are experiencing growth at the present time and this pattern is suspected to continue into the future. Cumulative construction related impacts may occur, however, adherence to established rules and regulations will ensure that impacts are less than significant. Nonetheless, mitigation measures have been included to ensure that impacts are less then significant. Table III-6 represents future carbon monoxide levels in the project vicinity. Peak hour traffic were assessed at the intersection of Cast Palm Canyon Drive and Gene Autry Trail. All other RainbowVision, Initial Study October 2007 �y 20 OQC0G 2 RAIN BOWVISIONII N ITIAL STUDY/MITIGATED NEGATIVE DECLARATION intersections carrying project related traffic will experience smaller increases in carbon monoxide levels than shown in Table III-6. Table III-6 Projected Future Carbon Monoxide Concentrations Near the Intersection of Highway l I I and Tram Way Receptor Corner (Feet) ^I-Hour Avera e lip m 8-1-lour Avera e m Northwest Northwesl Year 2008 No-Project 3.0 13 -Year 2008 CO Background 16 10 Ambient Traffic Contribution 4 . 6 2.3 2008 No-Project Total Concentrotion Year 2008 + Project Year 2008 CO Background 3.0 1.3 Ambient Traffic Contribution 1 - 6 1.0 2008+ Proicct Total Concentration 4. 6 2.3 Year 2025 No-Project Year 2025 CO Background 3.0 1.3 Ambient Traffic Contribution 0.18 05 2025 No-Pro eci Total Concentration 3•© __ 1-8 Year 2025 + Project -Year 2025 CO Background 3.0 1.3 Ambient Traffic Contribution 0. 8 05 2025 No-Project Total Concentration 3.8 1.8 Late Standard 20.0 9. 0 Federal Standard 35.0 _ 9.0 Source:Rainbow Vision Resort Retirement Community PDD,Air Quality Impact Study,2006 As shown in the preceding Table III-6, impacts associated with operation of the project at buildout are not expected to exceed SCAQMD thresholds of significance. The air quality impacts associated with cumulative increases in CO area anticipated to be less than significant. The following Mitigation Measures shall be implemented to ensure that cumulative impacts are less than significant, included with mitigation measures above: MM III-10 Building construction on-site shall comply with the energy use guidelines in Title 24 of the California Adminislralive Code. MIA III-I I As a condition of approval, the project proponent shall comply with City requirements regarding the master planned bikeway on East Palm Canyon abutting the site. MIA III-12 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares from the project site. MM III-13 Cons1ruclion operations affecting off-site roadways shall be scheduled for off- peak traffic hours- RainbowVision, Initial Study October 2t0307 tt�� 21 V00aZ3 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION e) Less than Significant: Due to the residential nature of the project, objectionable doors are not anlicipated to be created. Impacts will be less than significant. RainbowVision,Initial Study October 2007 22 DDDD°� RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Iv. BIOLOGICAL RESOURCES. would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies ❑ ® ❑ ❑ or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse. effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ El Elto, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ A preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ® El ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a) Less Than Significant with Mitigation. The project may have a substantial adverse effect, either directly or through habitat modifications, on o species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Deportmeni of Fish and Game or U.S. Fish and Wildlife Service. Development of the project site will eliminate naturally occurring habitat on the project site. The project site is becoming an ecological island surrounded on three sides by human-caused disturbances (existing residential and commercial projects). Native plants or terrestrial animal species can disperse on or off the project site only along the southern boundary (Biological Study— Ecological Consultants, 10/27/05). As indicated by the biological assessment conducted by James W. Cornett, the project site is located within the geographical region known as the Colorado Desert. There are no listed plant species expected from the project site or surroundings. In addition, there are no officially listed animal species expected on the project site that would not be detected because of the time of year in which the surveys were completed. The United States Fish and Wildlife Service (USFWS) has expressed concern regarding Casey's June Beetle, due to the site containing appropriate habitat for the species. This RainbowVision, initial Study October 2007 23 y Pt tt UU[i�Ci� RAINBOWANITIAL STUDY/MITIGATED NEGATIVE VECLARATION species was not detected during the biological assessment. The closest to the site that this species has been defected is approximately 2 miles away. In addition, the biological assessment concludes that the project site does not lie within a conservation area of the proposed Coachella Valley Multiple Species Habitat Conservation Plan. Nor does the site lie within the fee area as designated in the Coachella valley Fringe-toed Lizard Habitat Conservation Plan. None of the species found within the projecl boundaries are officiaily listed by any governmental agency. In addition, the project site is not expected to have a significant negative impact on any of the species recorded from the project sile. The project lies within the boundaries of the Agua Caliente Band of Cahuilla Indians Reservation and therefore is subject to the Tribal Habitat Conservation Plan. The project is a Covered Projecl within the Valley Floor Conservation Area (VFCA) and is subject to payment of fees for impacts to Covered Species. The current fee is $2,371.00 per acre and payment of this fee has been included as a Mitigation measure below and a Condition of Approval. Impacts to Covered Species within the VFCA will be less than significant after mitigation. In addition, the biological assessment concludes Thal the project will not have negative indirect impacts on the surrounding biota. Because the site lies within one-hundred yards of the slopes of the Santa Rosa Mountains, there are two mitigation measures proposed to lessen the secondary impacts to wildlife: MIA IV-1 Do not plant wildlife-poisoning oleander plants within the project boundaries. NAM IV-2 Direct all project lighting downward so that it does not interfere with the nocturnal activifies of animals living within the adjacent Santa Rosa Mountains. MM IV-3 Prior to issuance of building permits, the applicant shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. b) No Impact. The proposed project site does not include wetlands and does not include any sensilive nolurol community. The project site is dominated by the Sonoran creosote bush scrub community as is the majority of the Colorado Desert of California and is not listed as a sensitive nalurol community by the California Department of Fish and Game in the "List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database" (September 2003). Therefore, this will be no impact. c) No Impact. The site does not contain any wetland areas. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) No Impact. The project area is primarily undeveloped and has been disturbed. The biological assessment study conducted by Ecological Consultants indicates that there are no naturally occurring springs or permanent aquatic habitats on the project site. A blue line stream is depicted on U.S. Geological Survey maps. The dry wash course currently has been greatly modified by local streets, culverts and Highway 111. No established wash environments exist on the site today. Therefore, no migratory patterns of fish or wildlife would be impacted by this project, Rainbowl/ision, Initial Study _ October 2007 24 RAINBOWVISION/INITIALSTUDY/MITIGATED NEGATIVE DECLARATION e) No Impact. The projecl rile is undeveloped; clearing the site would not require removal or disturbance of sensitive biological resources or landmark Irees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) Less than Significant with Mitigation Incorporated. The City of Palm Springs does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. However, the project is within the Tribal Habitat Conservation Plan of the Agua Caliente Band of Cahuilla Indians. See section IV-a above for more information and mitigation measures. Conflicts with local habitat conservation plans will be less Than significant afier mitigation incorporation. RambowWS;0n, rnitial Study October 2007 25 oaoo� 7 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique © ❑ ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a, c, d)No Impact. A cultural resource analysis preformed by CRM Tech (November 2005) found that the property is in on area traditionally occupied by the Cohuillo people. The site is vacant, and has been disturbed by disposal of modern refuse. Historic maps show that the site lies on a wagon road that was probably part of the historic Cocomaricopa- Bradshaw Trail, used as a major thoroughfare between coastal southern California and the Colorado River. Due to development between the 191h century and the present, no evidence of the Cocomaricopa-Bradshaw Trail could be found on the site or in the project vicinity. Based on the study, no historical or unique paleontological resources were found to exist on the site. Therefore, no impact would occur. b) Less than Significant with Mitigation_ A cultural resource analysis preformed by CRM Tech (November 2005) found that a thorough records research, historical research, and field survey have produced negative results, and no potential "historical resources" were encouniered in the projeci area. Based on These findings, and in lighl of the criteria listed within the cultural resource analysis, the study concludes ihot no historical resources exist within or adjacent to the project area. However, CRM Tech presented the following recommendations which shall be used as mitigation measures as general protocol and established procedure if cultural materials are discovered during earth moving operations. In addition, three additional mitigation measures are recommended as following general protocol and procedures to future earth-moving operations associated will) 1he project. Mitigation Measures MM V-1 If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evoluale the nature and significance or the finds. MM V-2 A(n) Approved Cultural Resource Monitor(s) as indicated by the Agua Calfente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing ociivilies. MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified Rainbo wVision, Initial Study October 2007 26 04 "t7US RAINSOWVISION/INI❑AL STUDY/MITIGATED NEGATIVE DECLARATION archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the Slaie Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction. MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion inlo the Agua Caliente Cultural Register. RainbowVision, initial Study October 2007 27 000039 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With LLkCs Than Significant Mitigation Significant Impact Incorporated Impact No Impact vI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential subslantial adverse effects, inducting the risl< of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ © 13 ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ [a ❑ iii) Seismic-related ground failure, including liquefaction? ❑ ® ❑ ❑ iv) Landslides? ❑ ❑ ❑ Z b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ 10 ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- [ ® ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-6 of the Uniform Building Code (1994), ❑ ❑ ® ❑ creating substantial risks to life or properly? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? a) i) Less Than Significant Impact: The site is nol located within on Alquist-Priolo earthquake hazard zone and there are no known faults crossing the site. The project site, as with virluolly all sires within the state, would be vulnerable to ground shaking in the event of on earthquake. The project site and surrounding vicinity are relatively Flat, eliminating the potenliol for landslides. The City of Palm Springs General Plan requires that the project be designed and constructed in accordance with the requirements of the Uniform Building Code (UBC), specifically the requirements of structures localed in Seismic Zone 4. Adherence to the provisions of the UBC would reduce potential for siruclural damage in the event of an earthquake. Therefore, a less Than significant impact would occur. ii) Less than Significant Impact: Any major earthquake damage in the City of Palm Springs is likely io occur from ground shaking and seismically related ground and siructurol failures. Local soil conditions, such as topography, soil strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Seismically induced shaking and some damage should be expected to occur, however such damage is expected to be similar to damage that would occur throughout the region. Therefore, this impact is considered less than significant. Rainbowl/ision, Initial Study October 2007 28 000020) RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION III) Less than Significant with Mitigation Incorporated: The project site is not located in on area subject to liquefaction, because the depth to groundwater is expected to be in excess of 100 feet below the existing ground surface in the vicinity of the site. The project has a moderate potential for subsidence, a phenomenon that occurs when soils collapse due to seismic activity, as is typical for most of the Coachella Valley. Adherence to the recommendations of the Geotechnical Engineering Report prepared by Earth Systems Southwest shall miligaie impacts to a level less than significant and have been included as mitigation measures below. Mitigotion Measures MM VI-1 Recompaclion of native soils shall occur in all building areas. MM VI-2 Existing surface soils shall be over-excavated to a minimum 4 feet below existing grade or a minimum of 3 reel below the fooling level (whichever is lower). MM VI-3 Existing surface soils shall be over-excavated to a minimum 5 feet beyond exterior footings. MM VI-4 The bottom of all sub-excavation areas shall be scarified, moisture conditioned and recompacted to at least 90% relative compaction (ASTM 1557) for an additional of 1 foot. MM VI-5 easement foundation areas shall be over-excavated to a minimum of 2 feet below the footing level. MM VI-6 The lateral extent of the basement sub-grade preparation shall extend for a minimum of 2 feet beyond the outer edge of exterior footing. iv) No impact: The siie does not have the potential for landslides, due to its relatively level topography at the end of on alluvial fan. Therefore, no impact would occur. b) Less than Significant Impact: Some soil erosion is expected during construction, but loss of topsoil is not a significant issue. Soil erosion due to water will be a required component of the erosion control plans required by the City in conjunclion with the grading permit for the project. The City's standards for the control of erosion during construclion will be applied to the project. The impacts associated with water erosion will be less Ihon significant. The impacts associated with wind erosion during construction are addressed under Air Quality, above. c) Less Than Significant With Mitigation Incorporated: The project location is characterized by loose to medium dense, fine to coarse grained silty sand and sand with some silt with occasional silt or gravely layers and occasional cobbles. On-site soils are suitable as engineered fill material; however some imported soils may be required. Use of inappropriate fill materials or improper use of on-site fill materials represents a potentially significant adverse effect. Mitigation measures will be implemented to ensure that fill materials used on the project site are suitable for implementation in the project. Implementation of the following mitigation measures will ensure that potential impacts from unstable soil are reduced to less than significant. RainbowVision, Initial Study October 2007 29 U 0 O 0 J 1 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Mitigation Measures MM VI-7 Native soil utilized as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches. MM VI-8 Imported fill materials shall be non-expansive, granular soils meeting USCS classifications SM, SP-SM or SW-SM with a maximum rock size of 3 inches and 5 to 35% passing the No. 200 sieve. MM VI-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evalualion of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluofion of imporl sources. d) Less Than Significant: Soils encountered during the Geotechnical Engineering Report found surface soils to be non-expansive. Soils are in the "very low" expansion category with an Expansion Index of 0. Mitigation Measures have been included (see MM VI-8) to ensure that imported soils are non-expansive. Therefore, a less than significant impact would occur. e) No Impact: The proposed project sile is Iocaled in a developed, urban area currently served by the City of Palm Springs wastewater disposal system. Therefore, no impact would occur. RainbowVision, Initial Study October 2007 �ry t7 30 O Q"t�"S RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact vll. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ Z ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably Foreseeable upset and accident conditions involving the 0 ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El El Elwithin one-quarter mile of an existing or proposed school? d) Be located on a site which Is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ® ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically inlerfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to © © ® ❑ urbanized areas or where residences are intermixed with wildlands? a,d) Less Than Significant Impact with Mitigation. The proposed projcci site is currently vacant. The subject property is not included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5. However, the Phase I Environmental Assessment did find a dark soil with a petroleum odor located on the western side of the property. A more detailed investigation was conducted to evaluate hydrocarbon-contaminated soil identified by MSA Consulting. The results of the two soil samples indicate no hazardous materials were detected beyond the normal levels of an agricultural property from local area dumping on the site. In addition, the concentration of motor oil or hydrocarbon-contaminated material was found on the site. However, the hydrocarbon-contamination material is classified as a non-RCRA, non hazardous waste for disposal purposes (Geochemicol Sampling or Hydrocarbon-Contaminated Soil, Earth Sysiems Soulhwest - 11118/2005). Therefore, a mitigation measure is recommended to remove the hydrocarbon-coniaminalion malencil ]hat was dumped on the site. RainbowVision, initial Study October 2007 31 t� QQtkt S,3 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECI,ARATION Mitigation Measure MM VII-T The hydrocarbon-contaminated material shall be removed from the site and disposed of from the site at a licensed waste handling facility. A copy of the appropriate disposal receipt shall be provided to the Planning Services Department of the City, c) No Impact. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impacl would occur. e-f) No Impact. The project site is located well outside the 60 dBA noise contour for the Palm Springs Iniernalional Airport, and will therefore not be impacted by air Traffic. The project site is not located within any of the clear, approach/departure and over-flight zones for the Palm Springs Airport facility. Therefore, no impact would occur. Therefore no impacl to people working or residing in the area would occur. g) No Impact. The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological incidents. I he Plan focuses on operational concepts relative to large- scale disasters, which can pose major threats to life and property requiring unusual emergency responses. Therefore, no impact is anticipated. h) Less Than Significant Impact. The project site is an area of low fire risk. The project site has gentle sloping features, lesser developed scrub and lies on the souihern urban edge of the City of Palm Springs. The project will be reviewed by the City's Fire Department to ensure that adequate access is available for emergency response. Therefore, a less than significant impact would occur, Rainbo wVision, Initial Study October 2007 32 MRS27 RAIN BOWVISION/INITIAL STUDY/MITIGATE) NEGATIVE DECLARATION Less Than Significant Potentially WiLh Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ Eldischarge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater El ElEltable level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? r.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ® ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ® ❑ ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned El ® Elstormwater drainage systems or provide substantial 71 additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or El ® El 0 Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ® ❑ El would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ IR ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ ❑ a) Less than Significant Impact. The proposed project would add 184 condominium units (Retirement Community) to the City of Palm Springs. This would increase the amount of impervious surface in the area by adding slructures, asphalt and concrete to a previously undeveloped lot. The addilional drainage from this project would not have any significant impact on waler quality or discharge pollutants into the water system nor result in violations of existing requirements. The project would be required to meet all applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. Therefore, this impact is considered less than significant. b) Less than Significant Impact. Implementation of the proposed project would incrementally increase groundwater consumption, but would not substantially deplete RainbowVision, Initial Study October 2007 33 OQfsIS5 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION groundwater supplies or interfere substantially with groundwater recharge. The proposed use is consistent with the General Plan land use designation assumed in preparation of woler demand as parl of buildout of the General Plan. Therefore, a net deficit in aquifer volume or a lowering of the local groundwater table is not anticipated and this impact is considered less than significant, c) Less than Significant Impacts. The project would alter the course of the existing drainage pattern of the site. The Regional water Quality Control Board (RWQCB) would require a construction activity Storm Water General Permit to prevent siltation and erosion impacts to storm water through the implementation of Best Management Practices (BMPs). d-e) Less than Significant Impacts after Mitigation. The project would involve construction of impervious surfaces (homes, driveways, streets) on a site that is currently vacant. In accordance with Cily policy, increased stormwater runoff due to development of the property will require construction of on-site storm drainage and retention improvements to detain the increased runoff. Improvements will be made on-site to ensure that the rate and volume of stormwater runoff released off-site is limited to the amount of runoff from the pre-developed "existing" condition. Mitigation Measures MIA VIII-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology sludy delermining the volume of increased stormwater runoff due to development of the site, and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site as required by the City Engineer. f) Less than Significant Impact. No additional impocls to woler quality are anticipated due to standard requirements in place by the City and other agencies. Therefore, a less than significant impact would occur. g-h) Less than Significant Impacts after Mitigation. A portion of the proposed project site is located within a 100-year special flood hazard area (SFHA) "floodplain", identified as Zone AO (Depth 2), with the remainder of the project site located within a 500-year floodplain, identified as Zone B, shown on the current Federal Insurance Rate Map (FIRM) (Community Panel # 0602570009D, July 7, 1999). Development within a 100-year SFHA floodplain musl comply with specific local, state, and federal regulations, to ensure people and property are protected from flooding. Development of housing within a 100- year SFHA floodplain requires that specific improvements be made to the project site to ensure the developmenl is elevoled above the base flood elevation during the 100-year flood. Improvement plans within the 100-year SFHA floodplain require approval from the Federal Emergency Management Agency (FEMA) prior to commencement of grading and/or building construction, through the issuance of a Conditional Letter of Map Revision (CLOMR); and requires approval from FEMA prior to issuance of a certificate of occupancy, through issuance of a Letter of Map Revision (LOMR). FEMA's issuance of a CLOMR provides assurance to the public that the improvements to be made within the 100-year SFHA floodplain are appropriale, and meel local, shale, and federal regulations. At the time a LOMR is issued by FEMA, the 100-year SFHA floodplain identified by the current FIRM is amended, and the area to be developed on the project site is officially re-designated outside of the 100-year SFHA floodplain. RainbowVision, Initial Study October 2007 34 rt ry O RAI NBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION The project has been subject to extensive hydrological analysis. A Hydrology Report was prepared by Slonlec Consulting, Inc. in October 2006 to assess on-site hydrology to include drainage design and retention basin design. This analysis was accompanied by an offsile Watershed Hydrology Study prepared by Pacific Advanced Civil Engineering, Inc. in December 2006 to assess on- and off-site watershed conditions and establish debris loading for the anticipated drainage system. A Flood Hazard Analysis was prepared by Exponent, Inc. in December 2006 to assess on-site flood hazards and appropriate project protection methods. A revised, final version of the Exponent Flood Hazard Analysis was prepared on June 13, 2007. The various studies confirm that significant stormwater runoff is generated off-sile, and is conveyed across the property, resulting in flooding as identified by the current FIRM. Improvements will be necessary to properly accept and convey off-site slormwater runoff, in accordance with the Master Drainage Plan for the Palm Springs Area, (MDP) developed by the Riverside County Flood Control and water Conservation Dislricl (RCFCWD). For several years, the City and RCFCWD have been developing plans for construction of a regional flood control improvement system identified as Line 41 of the MDP. The Line 41 system is planned to extend a storm drain from the current end of the system located on the south side of East Palm Canyon Drive at Golf Club Drive, westerly along East Palm Canyon Drive to Gene Autry Trail/Matthew Drive ending at a proposed retention basin located on currently vacant property immediately south of the project site on Matthew Drive; and includes construction of a system starting in Cherokee Way, extending to Mallhew Drive ending at the proposed retention basin. The Line 41 system is proposed to accept stormwater runoff that enters the project site from the south and west, and to convey the runoff easterly to the existing Line 41 system. Ultimately, stormwater runoff would be conveyed to the existing Cathedral Canyon Channel and the Whitewater River located in Cathedral City to the east. At this time, the City and RCFCWD lack sufficient funding to cover the entire cost of the planned Line 41 system. During review of the proposed project, discussions occurred belween the project proponent, the City, and RCFCWD, as well as other developers owning vacant properties located east (downstream) within the 100-year SFHA floodplain, adjacent to the Line 41 system. The intent of these discussions was to coordinate participalion on behalf of the project proponent and others to facilitate full funding and construction of the Line 41 system. At the time of the preparation of this final draft Initial Study, the full funding of the Line 41 system is uncommitted, however, the project proponent has agreed to participate a fair share contribution to the City and RCFCWD for construction of the Line 41 system. Despite the project proponent's commitment to participate financially with the City and RCFCWD, unless the Line 41 system is advanced by RCFCWD through full funding by other developers, the City, Riverside County, or RCFCWD (or any combina lion of the parties) in a manner facilitating development of the proposed project, it will be necessary for the project proponent to otherwise plan alternatives to development of the project site consistent with local, state, and federal regulations. In an effort to allow the proposed project to proceed without additional delay while the City and RCFCWD determine opportunilies to fully fund and ultimately construct the planned Line 41 system, the Cily has agreed to identify alternatives for the project proponent as means for addressing development of the project site that is located within the 100-year SFHA floodplain. The first alternative assumes the project proponent's financial commitment towards the full funding of construction of the Line 41 system by RCFCWD will facilitate RCFCWD's construction of the system with a schedule corresponding with the project proponent's development of the project site. If this alternative is true, then RCFCWD's construction of Line 41 will satisfy local, state, and Rainbo wVision, Initial Study October 2007 35 . 000027 RAINWW/INITIAL STUDYWITIGATED NEGATIVE DECLARATION federal regulations associated with development of the project site located within the 100-year SFHA floodplain. RCFCWD would pursue FEMA's issuance of a CLOMR and LOMR on behalf of the City and the project proponeni. Under this alternative, it would be necessary that development of the project site occur of the some time or after RCFCWD's construction of Line 41. Approval by the City Engineer of a grading plan and improvement plans for the project site, consistent with the Line 41 system, would be delayed until such time thal the City Engineer is confident that full funding for the Line 41 system is established allowing RCFCWD to advance plans for its construction. The second alternative assumes the City and/or RCFCWD are unable to establish full funding for the Line 41 system, despite the project proponent's financial commitment. In this case, it is anticipated that the City and RCFCWD will evaluate olternalive designs for the Line 41 system, furlher delaying construction of a regional flood control improvement system to accommodate development of the project site and other vocani properties located within the 100-year SFHA floodplain. Therefore, it would be necessary for the project proponent to consider alternatives to development of the project site, including: delaying start of construction until such fime that an alternative Line 41 system is constructed; or designing and constructing portions of an alternative Line 41 system upstream and downstream of the project site in a manner that does not result in flooding or off-site properties, as approved by the City and RCFCWD. Under this alternative, the project proponent would be responsible for obiaining a CLOMR from FEMA prior to starting any construction; and for obtaining a LOMR from FEMA prior to issuance of any certificole of occupancy, in accordance with the City's local floodplain ordinance. Mitigation Measures MMVIII-2 (Alternative 1) The projecl proponent shall enter into a Developer Agreement with the City and Riverside County Flood Control District, in an omouni representing a fair share percentage of the construction cost of the Line 41 system, as approved by the City Engineer. Approval by the City Engineer of grading and improvement plans of the project site and issuance of building permits and certificates of occupancy, focilitoting development within the 100-year SFHA floodplain, shall occur in accordance with the provisions of a Developer Agreement. (Alternative 2) The project proponent shall decay development of the project site until such time that on olternalive Line 41 system is constructed by the Riverside County Flood Conlrol District, or shall design and construct portions of an alternative Line 41 system upstream and downstream or the project site as required by the City Engineer. Prior to approval of a grading plan and construction of improvements located within the 100-ycor SFHA floodplain, the project proponent shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Manogemcni Agency (FEMA). Prior to issuance of Cerlificote of Occupancy, the projecl proponent shall obtain a Letter of Map Revision (LOMR) from FEMA. i) Less Than Significant Impacts after Mitigation. The Palm Springs General Plan Environmental Impact Report (1992) does not identify flooding as a result of levee or dam failure as having a potential to expose people or structures io a significant risk of loss, injury or death in Cily of Palm Springs. The project site is subject to flooding hazards, as discussed in section g through h, above. However, project design will mitigate the RainbowVision, initial Study October 2007 36 0000 S A RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION projects susceptibility to flooding events. Impocls will be less than significant after fulfillment of mitigation. j) No Impact. The City of Palm Springs is not located in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. RainbowVision, Initial Study October 2007 37 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION �- -- Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general El El ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ® ❑ ❑ plan or natural community conservation plan? a) No impact. The project would not divide an established community since the project site is currently vacant and developed with a mixture of multiple family residential and commercial uses within the surrounding land. No impact would occur. b) Less Than Significant Impact. The proposed project would result in the development of 184 condominiums on 13.28 acres. The zoning for the site is W-R-3, which is intended for high-density apartment, hotel and similar housing development. The W-R-3 zoning designation permits for a minimum lot size of 20.000 square feet. The land use designation for the project site is Mixed-Use/Multi-Use, allowing for a maximum, by-right density of 15 dwelling units per acre or a maximum of 30 dwelling units per acre if a Planned Development District is established. Therefore, the import will be less than significant. c) "' s Less than Significant Impact with Mitigation Incorporated. The project area is outside the limits of the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan. The project does is not in a conservation area as shown in the proposed Coachella Valley Multiple Species Habitat Conservation plan. See section IV-a for information regarding the Agua Caliente Band of Cahuillp Indipns Tribal Habitat Conservalion Plan. Conflicts with local conservation plans will be less than significanl with mitigation incorporated. RainbowVision, Initial Study October 2007 38 �ffLk�1� RAIN 60WVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significanl Mitigation Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availabilily of a known mineral El El 71 resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ 11 mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 1992) did not identify any mineral resources in the planning area. Therefore, no impact to mineral resources would occur. RainbowVfsion, Initial Study October 2007 39 RAINBOWIINITIAL STUDYIMITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the El ® ❑ El general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ® ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ® ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ El Elpublic use airport, would the project expose IN people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or El ❑ ❑ working in the project area to excessive noise levels? a) Less Than Significant With Mitigation Incorporated. An exterior noise analysis was conducted by BridgeNet International on November 15, 2006. The analysis considered noise generated from current and future roadways, railroads• airorafts and stationary sources and their effects on the City' standards noise criteria of 65 dBA CNEL exterior and 45 dBA CNEL interior. The study found lhol residents of units near East Palm Canyon Drive and users of common use areas near East Palm Canyon Drive will be exposed to noise levels that exceed City requirements. The study found that 203 feet from the center line of Easi Palm Canyon Drive will be within a 65 db CNEL contour. This area includes Buildings 1, 1A, 4 and 4A. The following mitigation measures (as recommended by BridgeNet International) will be implemented to lower ambient noise levels a level less than significant. The study also found that inlerior noise levels would be exceeded for development along East Palm Canyon Drive. An exceedonce of 23.1 dB CNEL over the interior noise standard of 45 dB CNEL requires engineered acoustical calculations to be submitted to the City. This has been included as a mitigation measure below and will ensure that impacts to the interior noise standard are less lhan significant. Mitigoiion Measures MM XI-1 A 5 foot 6 inch sound barrier shall be construcled to protect residents within Buildings 1, IA. 4 and 4A from excessive exterior noise emifling from East Palm Canyon Drive. Noise barriers may be constructed around the perimeter of the property or in conjunction with individual units. RainbowVision, Initial Study October 2007 rt 40 000 0 0 RAI N130WVISION/I N ITIAL STUDY/MITIGATED NEGATIVE DECLARATION MM XI- 2 All barriers shall be solid from top-to-bottom. The following materials may be used for the construction of this barrier: Wood Studs with Stucco Exterior 3/8 inch plate glass 5/8 inch Plexiglass • Any Masonry Moferiol The preceding materials may be used in any combination. Other materials may be used that are raied 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning Commission. MM XI-3 Prior to issuance of building permits, an interior noise analysis will be required for development along East Palm Canyon Drive. The implementation of Mitigation Measures MM XI-1 through MM XI-3 will ensure that all residents of and users of the project will nol be expose to noise levels that exceed the standards of the City's General Plan. Therefore, the impocl will be lowered to a level less Ihon significant. b) Less Than Significant With Mitigation. The project is located near East Palm Canyon Drive, which is a fully improved major thoroughfare. Noise levels generated from this roadway will cause some users of the project to be exposed to noise levels exceeding the requirements of the City's General Plan. Noise impacts associated with East Polm Canyon Drive will be mitigated through Mitigation Measures MMXI-1 through MMXI-3. Temporary groundborne noise impacts may occur during the construction process. These impacts will be mitigated through Mitigation Measures MMXI-4 through MMXI-10. Residential uses are not identified in the General Plan as a specific area of concern for stationary sources and are not expected to produce unusual or excessive amounts of groundborne vibrations or noises. Therefore, groundborne noise impacts will be mitigated to a level less than significont. c) Less than Significant. Following construction, noise levels on the project site would increase in association with the proposed 184-unit residential condominium complex. Noise generated would be typical of a residential development and includes traffic noise. While overall ambient noise levels would increase as a result of the project, the proposed residential uses are not anticipated to exceed any applicable noise standards. Residenfial uses are not identified in the General Plan as a specific area of concern for stationary sources. Therefore, this impact is considered less than significant. d) Less Than Significant With Mitigation Incorporated The site would produce elevated noise levels during the construction process. These noise levels would be temporary and periodic. There are single family homes, a multiple-family residential complex and a convenience slore borders the site to the south. Residential units are considered sensitive receptors. Impacts Io the single family homes and the multiple-family residential complex could be significant without mitigation. In order to reduce construction noise to adjacent sensitive receptors to less than significant levels, the following mitigation measures shall be implemented. RainbowVision, Initial Study October 2007 41 UU0133 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Mitigation Measures MM XI-4 Construction activities shall be limited to belween 7:00 a.m. and 8:00 p.m., a5 specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensilive lime periods. MM XI-5 All perimeter walls and barriers shall be installed immediately following precise grading of the site, if not sooner. MM XI-6 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM X1-7 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-8 Slockpiling and vehicle staging areas shall be located in the northeastern portion of the property, as for away from existing residential units as possible. MM XI-9 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. MM XI-10 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. e,f) ND Impact. The project site is located well outside the 60 dBA noise contour for the Palm Springs International Airport, and will therefore not be impacted by air traffic. The project site is not located within any of the clear, approach/departure and over-flight zones for the Palm Springs Airport facility. Therefore, no impact would occur. RainbowVision, Initial Study October 2007 42 RAI NBOWVISION/INFINAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Le55 Than Significant Mitigation Significant Impact Incorporated Impact No Impact XII. POPULATION AND HOUSING. would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and ❑ El businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ 0 housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) Less Than Significant. The proposed project includes a 184-unit residential condominium complex for senior retirement community located on a vacant, undeveloped piece of land. The project will induce growth, although 184 units (184 units x 2.1 persons per household (pph) would increase the local population by 386 persons) is not a substantial increase to the population. 2.1 pph has been utilized as it is the IGte# estimate provided in the City's QFG# General Plan (2007). The project is consistent with its land use designation. Therefore, a less than significant impact would occur. b,c) No Impact. The existing project site is on undeveloped, vacant piece of land surrounded primarily by existing residential developments and vacant lands. No existing permanent residents or housing would be displaced to accommodate the proposed project. In addition, no evidence of homeless using the site on a permanent basis was observed. Therefore, no impact on existing housing or people would occur. Rainbo wVision, Initial Study October 2007 43 OOOi� S RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® ❑ c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ a) Less Than Significant Impact. The City's existing public safety and recreation services, including police protection, criminal justice, fire proleclion, ambulance, library, cultural services and other safely services are near capacity. Accordingly, the City may delermine to form a Community Services District under the authority of Government Code Section 53311 et seq. or other appropriate statutory or municipal authority. The applicant shall agree to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any condominium units or a covenant agreement shall be recorded against each unit, permitting incorporation of the unit] in the district. Therefore, a less than significant impact would occur. b) Less Than Significant Impact. The project would add approximately 391 new residents, which would result in an increased demand for police protection. The City strives to maintain a staffing/population ratio of 1:1,500. Increased demand for police services have lead the City to form an Assessmenl District to provide additional funding to the Police Departmeni. The project was reviewed by the Police Department and no condilions of approval were recommended. Therefore, impacts to police protection are considered less than significant. c) Less than Significant Impact. The project sile is located within the Palm Springs School Unified District. The addition of 184 dwelling units for retirement resort community would not significantly increase demand for schools by generating additional students. Rased on the generation factors contained in the General Plan EIR, the proposed project would not add enough students to be considered a significant impact with regards to elementary school (K-6) students, middle school (7-8 grade) students, and high school (9- 12) students. The Leroy F. Green School Facilities Act of 1998, which governs a school district's authority to levy school impact fees would also assist in mitigating impacts to schools. Finally, California Government Code Sections 65995(h) and 65996(b) note that payments of fees provide full and complete school facilities mitigation. The project proponent will be required to pay the mandated school fees in place at the time that building permits are issued, to offset the impacts to the school district. Therefore, with the payment of statutory fees, in keeping with the Planning and Zoning Laws, impacts to schools would be less than significant. d) Less than Significant Impact. The project site is located in the boundaries of the Polm Springs Department of Parks and Recreation service area. State law requires each new RainbowVision, initial Study October 2007 44 0001r3l, E RAINBOWVISION/INITIAL STUDY/MITIGATED NFCATIyi DECLARATION residential development io dedicate land for park facilities or pay an in-lieu fee to cover the cost of acquiring park land elsewhere. The City uses a dedication formula of 5-acre5 per 1,000 persons. The proposed project would add 184 residential condominium units for retirement resort communily and generate approximately 391 residents. The amount of population generaied by the project does not reach the 1,000-person standard. The project does not include provision of any on-site parks. The proposed project, however, is required to provide on-site open space and recreational amenities. The proposed project complies with the minimum open space requirements. As a result, the project would satisfy park requirements through the payment of in-lieu fees. Therefore, impacts to parks and recreation are considered less than significant. e) Less than Significant Impact. The project would not create any significant impacts to the service levels of any other public service providers. RainbowVision, Initial Study October 2007 45 00d�� RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact mv. RECREATION. a) would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ® ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of El ❑ recreational facilities, which might have an adverse physical effect on the environment? a) Less Than Significant. The proposed project, as a residential development could increase use of existing recreational facilities. Based on the population generation factor of 2.1 persons per household from the General Plan, the construction of 184 new condominium units would result in approximately 391 new residents ((184 x 2.1) =386). The City's Subdivision regulations require the dedication of land or in-lieu fees equivalent to 5.0 acres per 1,000 population (386/1,000] x 5) or 1.93 acres of parkland. The participation of residents in recreational programs is generally based on a fee-for-service. Residents of the proposed project would pay the fees required to participate in programs, and offset the costs of providing those programs. The project proponent will also contribute to park acquisition through the City's Quimby Ordinance, which is consistent with Subdivision Map Act requirements for the provision of parklands. Therefore, impacts associated with recreation arc expected to be less than significant. b) No Impact. Although, the project would increase the use of existing neighborhood and regional parks, or other recreational facilities, it would also contribute its fair share in the form of in-lieu fees to the satisfaction of the Palm Springs Parks and Recreation Departmenl. Therefore, no expansion or construction of recreation facilities would be expected. RainbowVision, Initial Study ry October 2007 46 U 1,1 RAI NROWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic that is substantial in relation to the existing IraffiC load and Capacity of the street system (i.e., result in a substantial El ® ❑ ❑ increase in either the number of vehicle trips, the volume-to-capacity (V/C) ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county 71 ❑ N ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ 0 ❑ N location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El Elintersections) or incompatible uses' (e.g., farm El El equipment)? e) Result in inadequate emergency access? ❑ [] ❑ N f) Result in inadequate parking capacity? ❑ ❑ ® ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ 0 M El turnouts, bicycle racks)? a) Less than Significant. A study was prepared by Endo Engineering (revised May 2007) to discover any traffic impacts that would be associated with the project. The study area extends along East Palm Canyon Drive, from Cherokee Way to Gene Autry Trail and includes two key intersections and the main sile access: East Palm Canyon Drive at Cherokee Way, East Palm Canyon Drive at Gene Autry Trail and main site access on Matthew Drive. The two interseclions are currently operating at level of service B (Cherokee Way and East Palm Canyon Drive) and C (Gene Autry Trail and East Palm Canyon Drive) during midday and evening peak hours After project completion, the impact analysis shows that the two key intersections will remain unchanged from current levels of service during midday and evening peak hours. In 2025, the midday and evening peak hours will remain unchanged at the intersection of Cherokee Way and East Palm Canyon Drive (LOS B operation). In 2025, the midday and evening peak hours at the intersection of Gene Autry Trail and East Palm Canyon Drive will increase Io 0 Level of Service D, which will require mitigation. In 2008, the unsignalized main site access intersection on Matthew Drive will operate at acceptable levels of service on oil approaches (LOS B or better) with the proposed site access improvements. Endo Engineering describes the improvements at the main rile access and MaIlhew Drive to include a single exit lane with two entry lanes and a STOP sign controlling the southbound approach to Matthew Drive, In 2025, both intersections will operate at acceptable levels of service provided that the proposed improvements and a STOP sign is installed on the minor street approach to T- RainbowVision, Initial Study Oclober 2007 47 t�f� RAINBOW/INITIAL STUDY/MITIGATED NEGATIVr DECLARATION control exiting rile traffic at the site access proposed at Matthew Drive and on Linden Way (Endo Engineering, revised May 2007). Mitt ati n Measures MM XV-1 The project developer/applicant shall dedicate public rights-of-way in accordance with the City of Palm Springs General Plan for adjacent General Plan roadways as follows: East Palm Canyon Drive: Ten feet of right-of-way must be dedicated to provide a 50-foot wide half-strcct right-of-way required by the General Plan. Additional right-of-way must be dedicated to accommodate the additional eastbound left- turn lane. In conjunction with the projccl, the south face of curb shall be relocated along East Palm Canyon Drive to facilitatc the additional eastbound left-turn lane. A 12-foot wide colored concrete Combination sidewalk/bicycle path shall be constructed behind the curb; Malihew Drive: vacate eleven feet to provide the 33-foot half street right-of-way required by the General Plan; and Linden Way Drive: 19 feet can be vacated to provide the 25-foot half street right- of-way required by the General Plan. MM XV-2 All required off-site public and on-site private streets shall be designed in accordance with Cily of Palm Springs design standards, as required by the City Engineer. MM XV-3 The project developer/applicant shall submit street improvements plans for construction of required streets, to the Palm Springs City Engineer for review and approval. MM XV-4 The project developer/applicant shall be responsible for 100 percent of the cost for construction of public slreel improvements (consisting of pavement widening, curb and gutter, sidewalks, and landscaped median island) which shall be constructed in conjunction with approved phasing plans for development and/or associaled with an approved Final Map as follows: East Palm Canyon Drive: ultimate major thoroughfare street improvements as approved by the Pdlm Springs City Engineer; Matthew Drive (between Linden Way and Gene Autry Trail): industrial minor collector street improvements, as approved by Palm Springs City Engineer; and Linden Way (between Matthew Drive and the East Palm Canyon frontage road): local street improvements, as approved by the Palm Springs Cily Engineer. MM XV-5 The main site access on Matthew Drive shall provide an entry drive with a minimum of 100 feet of stacking depth to accommodate peak queues entering and leaving the site as well as an area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Malihew Drive. MM XV-6 The secondary site access proposed on Linden Way shall provide an entry drive with a minimum of 75 feet of stacking depth to occommodate peak queues RainbowVision,Initial Study October 2007 48 RAI NBOWVISION/INITIALSTUDY/MITIGATED NEGATIVE DECLARATION entering and leaving the site as well as on area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Linden Way- MIA XV-7 The applicant may request the existing righl-of-way be vacated along Linden Way and Matthew Drive in accordance with the ultimate right-of-way shown by the Cily of Palm Springs General Plan Street Plan and provide building setbacks and half-street improvements in accordance with City requirements. MIA XV-8 A STOP sign shall be inslalled on the minor street approach to control exiting site Iraffic at the site access proposed on both Matthew Drive and on Linden Way. MM XV-9 If the proposed development will employ more than 100 persons, the project applicant shall comply with the provisions of the Palm Springs Traffic Demand Management (TDM) Ordinance. b) Less than Significant. Traffic impacts were analyzed cumulatively to include four approved cumulative projects including: (1) the Springs Retail Center P.D.D.; (2) the Destination Ramon commercial center; (3) the Palm Springs Classic P.D.D.; and (4) the Indian Oasis P.D.D.. The traffic impact study concluded that potentially significant impacts from four approved projects and the projected 40 percent regional growth in background traffic volumes projected to occur by the year 2025, the intersection of Gene Autry Trail and Easl Palm Canyon Drive will require mitigation to meet the City of Palm Springs minimum intersection performance siondard (LOS D) in the peak hours (Endo Engineering- Revised May 2007). The Endo Engineering Traffic Impact Study concludes that no potential traffic conflicts with driveways on the south side of Matthew Drive are anticipated and the traffic that could be generated by adjacent approved residential project was not included in the cumulative impacts analysis of the study. To ensure that the streel system in the surrounding area is sufficient, the following mitigation measures will be implemented to reduce impacts to a level less than significant. Miliaaiion Measures MIA XV-10 The project developer/applicant shall pay Traffic Uniform Mitigation Fees (TUMF) prior to issuance of building permits. MM XV-11 Although many improvements to the intersection of Gene Autry Trail and East Palm Canyon Drive may be funded by the TUMF program, the project applicant will be required to contribute on a fair-share basis to the cost of circulation improvements required on roadways and/or at intersections that are not in the TUMF program prior to approval of a Final Map: Since the interseclion of Gene Autry Trail and East Palm Canyon Drive is a Congestion Management Program (CMP) intersection, no fair-share payment will be required for the future southbound right-lurn one on Gene Autry Trail at East Palm Canyon Drive. TUMF fees will provide the funding for the design and construction of the future southbound right-turn lane on Gene Autry Trail at Eosi Palm Canyon Drive. This payment of TUMF fees by the project proponent will be sufficienl as funding for the provision of an exclusive southbound right-turn lane on Gene Autry Trail at Easl Palm Canyon Drive. T Rainbo wVision, Initial Study October 2007t� r�y 49 fZD4D,L1 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Although ordinarily no fair-share payment would be required for the future eastbound left-turn lane on East Palm Canyon Drive at Gene Autry Trail, and that TUMF fees would provide the funding for the design and construction of the future easlbound lefWurn lane on East Palm Canyon Drive at Gene Autry Trail, in order Io facilitate construction of a raised, landscaped median island within Gene Autry Trail required by the General Plan, it is necessary for the project proponent to design and construct the ultimate configuration of lanes at this intersection now in conjunction with development of the project site. Additional right-of-way must be dedicated (over and above the 10 feet Ihot must be dedicated to bring East Palm Canyon Drive up to the General Plan half-street right-of-way width) in conjunction with this project to accommodale the additional eastbound left-turn lane discussed in the Traffic Impact Study by Endo Engineering, revised May 2007. In conjunction with this project, the south face of curb shall be relocated along the East Palm Canyon Drive frontage to facilitate the additional easlbound left- turn lane. A 12-foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind the curb. c) No impact. The project will not affect air traffic patterns. Therefore, no impact would occur. d) Less Than Significant. The proposed resort retirement project will include a main access area on Matthew Drive and a secondary access area on Linden Way. In addition, the project site does include street intersection at east Palm Canyon Drive and Gene Autry Trail. Each of these access areas may increase hazards due to a design feature. To ensure that future traffic hazards do nol occur because of a design feature, the following mitigation measures will be implemented to reduce impacts to a level less than significant. Mitigation Measures MM-XV-12 To insure compliance wilh City access and design standards, the final building and parking layout and site access design shall be subject to the review and approval of City Traffic Engineer as part of the development review process. MM XV-13 Site distance at both site access points shall be reviewed for adequacy with respect to City of Palm Springs slondards in conjunction with the preparation of the final site grading plans, landscape plans and street improvement plans. MIA XV-14 Since site access will be controlled, the design shall incorporate service and emergency access, on-site turn-around, relevant signing, or other similar features as required by the planning commission, fire and police departments, and Zoning Code Chapter 93.05.00. Ingress and egress design shall include vehicle maneuvering and shacking space to ovoid internal and external traffic conflicts. e) No impact. The project shall have appropriate emergency access as determined by the Cily. Therefore, no impact would occur. f) Less Than Significant. As proposed, the project site design incorporates adequate parking for residents, employees, and guests. The site includes underground parking for each of the residential units, guest parking spaces and additional spaces for each employee providing services for the resort retirement community. The proposed project spa/salon, fitness, dining, [heater, retail/offices will not be open to the public. These services will be for the residents of the resort retirement community. Therefore, the RainbowVision, Initial Study October 2007 50 �� 5.17 RAINBOWVI$ION/INITIALSIDOY/MITIGATED NEGATIVE DECLARATION proposed project will provide adequate parking to reduce impacts to a level less than significant. Miliaalion Measures MM XV-15 Per the parking standards and regulations set forth in Zoning Code Section 93.06.00, off-street parking shall be provided to serve employees. residents, and guests associated with the proposed development including the required number of accessible parking spaces (per state and federal guidelines), as well as improvements required for covered parking, traffic maneuvering, and parking area drainage, landscaping, and lighting. MM XV-16 Off-street loading space/facilities shall be designed, located constructed and maintained as required by the City of Palm Springs to minimize the impact of service and delivery trucks on residents. g) Less Than Significant. The proposed project is located along a major roadway (East Palm Canyon Drive) that may require developmenl of local bus lronsil facilities. The SunLine Transit Agency provides public transporlalion Through the SunBus Transit Service. Line 111 is a major irunk line thal irovels along Highway 111. In addition, this trunk line is interconnected with eleven small community feeder routes that provide access to every community in the Coachella Valley. Line I I I extends along East Palm Canyon Drive, adjacent to the project site from 5:00 am through 11:00 pm on a seven day a week schedule (Endo Engineering, revised May 2007), In addition, the Coachella Valley Association of Governments Non-Motorized Transportation Plan (October 2001) identifies existing and proposed non-motorized facilities within the project vicinity, such as bikeway roules. These oliernalive ironsporloiion sysiems may be accommodated within the slreei improvemeni plans along Easl Palm Canyon Drive. The foliowing miligolion measures will be implemented to reduce impacts to a level less than significant. Miligalion Measures MM XV-17 The project developer/applicant shall coordinate with SunLine Transit Agency regarding required public Ironsd facilities on and adjacent to the project site. Any required public transit facilities (including bus stops, turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements) shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. MM XV-18 The project developer/applicant will comply with City requirements regarding the master planned bikeway adjacent to the site along East Palm Canyon Drive. RainbowVision, initial Study October 2007 51 090113 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El El ® ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could ❑ ❑ ❑ ID cause significant environmental effects? c) Require or result in the ConSlruClion of new Storm water drainage facilities or expansion of existing ❑ ❑ ® ❑ facilities, the Construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ M ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ 0 ❑ project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ® ❑ disposal needs? g) Comply with federal, slate and local statutes and ❑ ❑ ® ❑ regulations related to solid waste? of Less than Significant Impact. Wastewater generated by project residents would be treated by facilities owned and operated by the City of Palm Springs. The waslewaler treatment requirements, issued by the California RWQCB for the treatment ploni, were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area. The wastewater from the project site will nol cause the Irealmenl plant to exceed these treatment requirements as indicated in the Sewer Will Serve letter provided by the City of Palm Springs (January 8, 2007), Impacts will be less than significant. b) Less Than Significant Impact. The project would receive water service from Desert Water Agency (DWA) and wastewater service from the City of Palm Springs. The proposed project will connect to existing DWA lines for domestic water service. DWA has indicated in its Will Serve letter that they are able to service the project (January 5, 2007). Capacity is available at the City's wastewater treatment plant. No new treatment facilities would be required in association with the proposed project. Therefore, impacts associated with expansion of water and wastewater facilities are considered less than significant. c) Less Than Significant Impact. The proposed project would increase runoff in the area, which has the potential to flood. Construction activities can temporarily alter drainage patterns and can induce flooding. The project applicant would be required to create an on-site retention basin or other facilities approved by the City Engineer that shall be required to contain the increased storm water runoff generated by the development of the property, as described in the various hydrology studies prepared for the project. The RWQCB will require the project to be covered under the State General Permit for Storm liainbowVision, Initial Study October 2007 52 {t U RAI NBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Water Discharges Associated with Construction Activity. New storm water facilities are proposed to properly convey off-site drainage through the site. The project includes retention basins to prevent increases to storm water flows. Construction of new facilities will not adversely impact the environment, as they are being constructed in an urbanized area as parl of an approved MDP. Impacls will be less than significant. all Less than Significant Impact. According to the Palm Springs General Plan Final EIR, DWA has indicaied, "there is a sufficient supply of wafer 10 serve the Cily of Palm Springs and the portions of the Cily's sphere of influence serviced by the agency of buildout" (Palm Springs 1993). The project would add 784 residential condominium units requiring provision of water service. DWA has indicated in its Will Serve letter that they are able to service the project. Because the dwelling units are within the density indicated for the site's land use designation, impacts to water supply are considered less than significant. e) Less than Significant Impact. The project would receive wastewater treatment from the City of Palm Springs. The project is consistent with the density provisions of the City's Wastewater Master Plan, which is designed to accommodate General Plan build-out projects. The General Plan EIR indicates that implementation of the land uses identified in the General Plan will not have a significant affect on the City's sewer system. Woslewoter treatment capacity is adequate to serve the project and the existing community. Therefore, impacis io wastewater Ireolment are considered less Ihon significant. f) Less Than Significant Impact. Solid waste generated by the project would be transported to the Edam Hill Transfer Station. From the transfer station, solid waste and recycling are transferred to the Badlands Landfill. The Badlands Sanitary Landfill is currently permitted to receive 4,000 tons per day and has a remaining capacity of 21,866.092 cubic yards (as of May 21, 2005). The estimated closure date for the Badlands Landfill is 2016. The Edam Hill Transfer Slation has the capacily io accept up to 2,600 tons of waste per day. According to most recent data available from the California Integrated Waste Managemeni Board, each resident in the City of Palm Springs disposes of 2 pounds of waste per day. The project would produce approximately 782 pounds of waste per day, or 0,391 tons of waste per day. This amount of waste will not significantly affect the operational capacities of the Edom Hill Transfer Station or the Badlands Landfill. Therefore, impacts to landfill capacity are considered less than significant. g) Less Than Significant Impact. Solid waste generated by the proposed project would be collected by Palm Springs Disposal Services and disposed of at the Edam Hill Transfer Sicilian. The proposed project would be required to comply with State of California Waste Management Act (AB 939) by providing a recycling program implemcnied by Palm Springs Disposal Services. The proposed project would comply with federal, state, and/or local statutes and regulations related to solid waste. Therefore, impacts relative to complying with federal, state and local statues are considered less than significant. Rainbo wVi9ioa, Initial Study October 2007 53 RAINBOW/INITIAL STUDYWITIGAIrm NEGATNE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XVIf. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are ❑ ® El El when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ® ❑ ❑ beings, either directly or indirectly? a) Less Than Significant With Mitigation. Based upon the information provided in this Initial Study, approval and implemenlahon of the proposed project would not be likely to substantially degrade biological, historical, or cultural resources. Required mitigation measures are anticipated to reduce any potential impacts due to project implcmcntotion to levels below significant [see discussions in Section III(b) through (d), IV(a) and V(b) above, incorporated by reference herein]. b) Less Than Significant With Mitigation. Based upon the information provided within this Initial Study, the proposed project could result in cumulative impacts on Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazardous Wastes and Hazards, Hydrology, Noise and Transportation. However, required mitigation measures would reduce the polential impacts to levels below significant [see discussions in III(b) through (d), IV(a), V(b), VI (o.iii) and (d), VII(a) and (d). VIII(g) through (1), XI(a) through (B) and (d), and XV(o) above, incorporated by reference herein]. c) LESS THAN SIGNIFICANTWrrNM[FIGATION. Based upon the information provided within this Initial Study, approval and implemenlolion of the proposed project could contribute to environmental effect that could cause adverse effects on humans. However, required mitigation measures would reduce the polential impocls to levels below significant [see discussions in III(b) through (d), VI (a.iii) and (d), Villa) and (d), VIII(g) through (i), XI(a) through (B) and (d), and XV(o above, incorporated by reference herein]. RainbowVision, Initial Study M_ October 2007 f 54 RAINBOWVISIONfINITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES *Comments on the November 28, 2007 circulation of the Notice of Intent are included in Appendix A- I BridgeNef Inlernalional. Exterior Noise Analysis for Residential/Assisted Living/Support Cenler. November 15, 2006 2) City of Palm Springs. City of Palm Springs Gcncral Plan. 2007. 3) City of Palm Springs. City of Palm Springs General Plan. 1992, 4) City of Palm Springs. City of Palm Springs General Plan Environmental Impact Report. 1993. 5) City of Palm Springs. City of Palm Springs Zoning Code. 2004. 6) City of Palm Springs. Sewer Will Serve. January 8, 2007. 7) CRM Tech. Historical/Archaeological Resources Survey Reporl. November 23. 2005 8) Desert Water Agency. Water Will Serve. January 5, 2007. 9) Ecological Consultants. RainbowVision Biological Study. October 2005. 10) Endo Engineering. RainbowVision Resort Retirement Community PDD Air Quality Impact Study. June 2006. 11) Endo Engineering. RainbowVision Resort Retirement Community PDD Traffic Impact Study. Revised May 2007. 12) Exponent, Inc. Flood Hazard Analysis for Proposed Rainbow Vision Development_ December 2006 13) Exponent, Inc. Flood Hazard Analysis for Proposed Rainbow Vision Development. June 13, 2007 14) Earth Systems Southwest. Geotechnical Engineering Report, Proposed Residential Community, Rainbow Vision Palm Springs. July 7, 2006. 15) Earth Systems Southwest. Geotechnical Sampling of Hydrocarbon-Contominoted Soil. November 18, 2005. 16) First American Title Company. Preliminary Report, Order No. NHRY-2143884 (07). October 20, 2005, 17) MSA Consulting, Inc. Phase One Environmental Assessment. June 2005 18) Pacific Advanced Civil Engineering, Inc. Offsite Watershed Hydrology Study. Revised May 2007. 19) South Coast Air Quality Management District. Air Quality Analysis Guidance Handbook. May 2006. RainbowVision, Initial Study October 2007 55 6061 i RAINBOWIINITIAL STUDY/MITIGATED NEGATIVE DECLARATION 20) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993. 21) Slanlec Consulting, Inc. Hydrology Report for Rainbowvision California. LI.C, October 2006, RainbowVision, Initial Study October 2007 56 y�q I- RAIN BOWVI SION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APPENDIX A PUBLIC COMMENTS NOTICE OF INTENT-- November 28, 2007 RainbowVision, Initial Study October 2007 57 [f001 WARREN D.WILLIAMS 1995 MAP ET STREET General Manager-Chief Engineer RIVERSIDE,CA 92501 951.9 FAX 951.7 88,9965 88.9965 www,floodeoiitrol.co.nverside.ca.us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 19,2007 Emailed This Date To. fred.lowndes alms rin s-ca. 0v Mr.Fred Lowndes,Associate Planner City of Palm Springs 3200 East Tahquitz Way Palm Springs, CA 92262 Dear Mr.Lowndcs' Re: Notice of Intent to Adopt a Mitigated Negative Declaration for the Rainbow Vision Resort Retirement Community Case No.5.1135-PD 334, GPA and TTM 35623 This letter is written in response to the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Rainbow Vision Resort Retirement Community Case No. 5.1135-PD 334, GPA and TTM 35623. The proposed project is for the construction of a retirement community consisting of a total of seven structures. The proposed project is located on the southwest corner of.East Palm Canyon Drive and Matthew Drive in the city of Palm Springs,Riverside County, The Riverside County Flood Control and Water Conservation District (District) has the following comments/concerns that should be addressed in the Initial Study(I$): Page 34 of the IS states "The project proponent will construct drainage facilities onsite to convey stormwater to the Line 41 channel of the District MDP. A 20-foot culvert is proposed along Palm Canyon Drive to convey waters from the south and west in an easterly direction. These improvements, after consultation with the City Engineer and District, have been determined to prevent onsite flooding due to 100-year storm events and a Conditional Letter of Map Revision will be requested of PEMA to re-designate the site as protected from 100-year flood events." Please be advised that the referenced Line 41, currently being designed by the District,has not been constructed and is necessary to protect the proposed project site from 100-year flooding. In addition, the District has not recommended or determined that the proposed drainage improvements are adequate in providing I00-year flood protection. Thank you for the opportunity to review the MND. Please forward any subsequent environmental documents regarding the project to my attention at this office. Any further questions concerning this letter may be referred to Jason Swenson at 951.955.8082 or me at 55.12 51.9 9 33. Very truly yours, TERESA TUNG Senior Civil Engineer c; TLMA ®1201 Attn: David Mares �I�--- p� Mike Wong ICECENED 8\1 16962 v P ivuV 21 2007 8\1 JJ y J AGUA CALIENTE BAND OF CAHUILLA INDIANS TRIBAL PLANNING & DEVELOPMENT December 7, 2007 Fred Lowndes, Associate Planner City of Palm Springs Planning Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Palm Springs Case No. 5.1135, PD 334, GPA and TTM 35623— Initial Study Dear Mr. Lowndes: Thank you for the opportunity to review the Initial Study prepared for the above reference project. The Environmental Checklist Form on Page 2 of the Initial Study incorrectly describes the project location at Section 30, Township 4 South, Range 4 East. The correct location should read, Section 30, Township 4 South, Range 5 East. The project is also located within the boundaries of the Reservation and as such is subject to requirements of the Tribal Habitat Conservation Plan (THCP) and the Tribal Historic Preservation Office (THPO). According to the THCP, the project site is located within the Valley Floor Conservation Area (VFCA) (THCP, pg. 4-31); therefore, the statement that the project site is not in a designated conservation area is incorrect (Initial Study, pg 24-25). Within the VFCA, the THCP incorporates a mitigation fee and acquisition program for protection of sand-dependent valley Floor "Covered Species." Payment of a VFCA Mitigation Fee shall be a requirement of each Covered Project in the VFCA (THCP, pg. 4-32). Therefore, the project is subject to the following requirements: 1. Prior to issuance of building permits, the applicant shall pay the Valley Floor Conservation Area fee ($2,371/acre) to the Tribe as required by the THCP. I have also forwarded a copy of the Initial Study to the THPO for review and comment. If you have any questions about the above requirements, I can be reached at 883-1944. Regards, -Gait Loa Loa pez Associate Planner RECEIVED AGUA CALIENTE BAND OF CAHUILLA INDIANS DEC 122097 C: File Copy PNING,%RVICFS 000122 777 EAST TAHQ U I TZ CANYON WAY, SUITE 301 , PALM SPRINGS, CA 9Gau c -- T 760/325/8400 F 76O/325/6952 AGUACALIENTF-ORG 12417/2aQ7 16:59 FAX 7604315902 US FISH AND WILDLIFE -_ Q002 r os� ssm�ic�s F United States Department of the Interior d FISH AND WILDLIFE SERVICE ` Ecological Services Carlsbad Fish and Wildlife Office 6010 flidden Valley Road Carlsbad,California 92011 In Reply Rcfer To: FW 8-EMV-08B 0012/08TA0201 Mr-Fred Lowndes DEC 17 7007 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the RaiubowVision Resort Retirement Community Project Dear Mr. Lowndes: The Fish and Wildlife Service(Service)has reviewed the Notice of Intent (NOD to Adopt the Mitigated Negative Declaration (MND) for the RainbowVision Resort Retirement Community Project sent to our office by City of Palm Springs (City). As you know,the Service continues to work with the jurisdictions of the Coachella Valley on the Multiple Species Habitat Conservation Plan(CVMSHCP). We have an ongoing interest in projects that may impact raze, threatened and endangered species within and outside the context of that planning effort. In our review of the subject notice, we determined that there is an additional,potentially significant impact that was not addressed in the NOI. The site is potentially occupied by the Casey's.tune beetle(Dinacoma \4 caseyi). Although such occupancy has not been documented for the site, a portion of the site has ,N the appropriate soils (CdC series), and the site is within.0.5 miles of a known high-density occupied site. Given the inconsistent results shown at known occupied sites, it is possible for this site to be occupied even though no beetles were obsen ed during surveys. Considering the similarities between this site and the occupied habitats at Bogert Trail and Smoke Tree Ranch (drainage adjacent to the sites and appropriate soils within the sites), it is likely that the site is occupied by Casey's June beetle. We acknowledge that the long-term sustainability of the site may be limited by adjacent development, and we did not include this site in the discussion on the species in our recent 12- Morith Finding(Service 2007). However, because any impacts to this very narrowly distributed species would be considered significant, we recommend that the City require offsetting mitigation to address this loss. The CVMSI-ICP does not address this species, so fees paid to o meet the requirements of the existing agreements relative to the CVMSHCP will not offset this loss. We suggest that undeveloped properties along Palm Canyon Wash be considered to meet v/ this need- Soils of the appropriate type(CdC series) from the project site could be salvaged and relocated to the mitigation site if necessary to enhance the conditions for Casey's June beetle. We, would be happy to meet with you and discuss these options further. 0 0 012? TAKE PRII�I���_ RECENEC� - --- PLANNiNGSERVICES 12/17/2007 16:59 FAX 7604315902 US FISH AND WILDLIFE D03 4 r ' Mr.Fred Lowndes,City of Palm Springs 2' We appreciate the opportunity to review and provide comments on the NOT for the RainbowVision Resort Retirement Community. Please contact Carol Roberts of my staff at (760)431-9440 if you have any questions regarding these comments or require additional assistance in regards to the needs of the Casey's Junc beetle. Sincerely, / — /7 y Therese O'Rourke Assistant Field Supervisor cc: Kim Nicol, California Department of Fish and Game Margaret Park,Agoa Caliente Band of Cahuilla Indians References Cited U.S. Fish and Wildlife Service, 2007, 12-Month Finding on a Petition To 'List the Casey's June Bectle(Dinacoma easeyz) as Endangered With Critical Habitat. Federal Register: July 5, 2007 (Volume 72,Number 129,Pages 3 663 5-3 6646), 0oo123 5.1135 PD334,TTM 35623,RainbowVision Palm Springs Southwest Corner of East Palm Canyon Drive and Matthew Drive February 6,2008 MITIGATION MONITORING AND REPORTING PROGRAM MONITORING/ MITIGATION MEASURE RESPONSIBLE REPORTING ENTITY IMPLEMENTATION PARTY STAGE Air Quali III-I The Cny's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal Project Proponent Engineering Department During Grading and Code) requires a Dust Control plan which shall be submitted to the City Construction Engineer for approval and which shall include but not be limited to the following: A. Adequate watering techniques shall be employed to partially mitigate the impact of construction generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground Stuface and then watered again at the end of the day. B, The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. C. Any vegetative ground cover to be utilized on-site Shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize blowsand. D. Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts- E. Construction access roads shall be paved as soon as possible and cleaned after each workday. F. All trucks hauling dirt, Sand, soil, or other loose dirt matenal shall be covered or have 2 feet of freeboard. G. A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to the Southern California Air Quality Management District(SCAQMD) after approval. 111-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the Prgject Proponent Engineering Department Prior to Ground Disturbing initiation of earth moving activities. Activities III-3 The City shall notify the SCAQMD within 10 days of the completion of earth Project Proponent Engineering Department Prior to Completion of moving activities Ground Disturbing Activities 111-4 Construction signage in conformance with City standards shall be posted on Project Proponent Engineering Department During Grading and Tram Way, San Marcos Way and North Palm Canyon Drive regarding the Construction reporting of blowing dust on the site. 111-5 Earth moving operations shall include a water application system while earth Project Proponent Building Department During Grading and moving is active. Construction Q III-6 Construction equipment shall be properly maintained and serviced to minimize Project Proponent Building Department During Grading and O exhaust emissions. Construction 111-7 An construction access roads shall be paved and cleaned after each work da Prgject Pro onent Building Department Durng Grading and L� 5A 135 PD334,TTM 35623 w'� 1 February 6,2008 The maximum vehicle speed on any unpaved road surfaces shall be limited to Construction 15 mph. Maximum speed limited shall be conspicuously posted on unpaved roads. III-8 Paving activities and use of equipment for construction of buildings shall not be Project Proponent Building Department During Construction used concurrently. III-9 Where feasible, low emission building materials such as pre-primed and sanded Project Proponent Building Department Prior to Issuance of Building wood molding and trim products and pre-primed wallboard shall be considered Permits for construction materials. Plans submitted for building permits shall indicate where such materials will be utilized. 111-10 Building construction on-site shall comply with the energy use guidelines in Prolcct Proponent Building Department Prior to Issuance of Building Title 24 of the California Administrative Code. Permits 111-11 As a condition of approval, the project proponent shall comply with City Project Proponent Engineering Department Prior to Issuance of Grading requirements regarding the master planned bikeway on East Palm Canyon Permits abutting the site. 111-12 Adjacent streets shall be swept if silt is carried over to adjacent public Project Proponent Building Department During Grading and thoroughfares from the project site. Construction 111-13 Construction operations affecting off-site roadways shall be scheduled for off- Project Proponent Engineering Department During Grading and peak traffic hours. Construction Biolo ical Resources IV-1 Do not plant wildlife-poisoning oleander plants within the project boundaries. Project Proponent Planning Department Prior to Issuance of Building Permits IV-2 Direct all project lighting downward so that it does not interfere with the Project Proponent Planning Department Prior to issuance of Building nocturnal activities of animals living within the adjacent Santa Rosa Mountains. Permits IV-3 Prior to issuance of building permits, the applicant shall pay the most current Prujcct Proponent Planning Department Prior to issuance of Building Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Permits Cahuilla Indians, Cultural Resources V-1 If buried cultural materials are discovered during any earth-moving operations Project Proponent Building Department During Grading and associated with the project, all work in the area should be halted or diverted Construction until a qualified archaeologist can evaluate the nature and significance of the finds. V-2 A(n) Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Project Proponent Building Department During Grading and Tribal Historic Preservation Office shall be present durmg any survey and/or ConsLrucuon round disturbing activities. V-3 Should cultural resources be encountered during site construction in any portion Project Proponent Planning Department During Grading and of the site, work shall immediately cease and a qualified archaeologist shall be Construction contacted to evaluate the significant of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City,and shall be resolved to their satisfaction. _ pV-4 Co its of an cultural resources documentation generated in connection with Project Proponent Plannin Department During Gratin and 5.1135 PD334,TTM 35623 2 February 6,2008 ca 2 this project shall be given to the Agua Calieme Band of Cahuilla Indians for Construction inclusion into the A ua Caliente Cultural Register. Ceolo and Soils VI-1 Recompaction of native soils shall occur in all building areas. Project Proponent Building Department During Grading and Construction VI-2 Existing surface soils shall be over-excavated to a minimum 4 feet below Project Proponent Building Department During Grading and existing grade or a minimum of 3 feet below the footing level (whichever is Construction lower). VI-3 Existing surface soils shall be over-excavated to a minimum 5 feet beyond Project Proponent Building Department During Grading and exterior footings. _ Construction VI-4 The bottom of all sub-excavation areas shall be scarified, moisture conditioned Project Proponent Building Department During Grading and and recompacted to at least 90% relative compaction (ASTM 1557) for an Construction additional of 1 foot- VI-5 Basement foundation areas shall be over-excavated to a minimum of 2 feet Project Proponent Building Department During Grading and below the footing level. Construction VI-6 The lateral extent of the basement sub-grade preparation shall extend for ❑ Project Proponent Building Department During Grading and minimum of 2 feet beyond the outer edge of exterior footing. Construction VI-7 Native soil utilized as engineered fill shall be free of deletenous and organic Project Proponent Building Department During Grading and matter and free of rocks larger than 6 inches. Construction VI-8 Imported till materials shall be non-expansive, granular soils sleeting USCS Project Proponent Building Department During Grading and classifications SM, SP-SM or SW-SM with a maximum rock size of 3 inches Construction and 5 to 35%passing the No.200 sieve. VI-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to Project Proponent Building Department allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources. Hazards and Hazardous Waste Vi1-1 The hydrocarbon-contaminated material shall be removed from the site and Project Proponent Plaoaund Department Prior to Issuance of Grading disposed of from the site at a licensed waste handling facility. A copy of the Permits appropriate disposal receipt shall be provided to the Planning Services Dc, artment of the City Hydrtilo2 and Water Quality V111-1 Prior to approval of a grading plan, the project proponent shall submit to the Project Proponent Engineering Department Prior to Issuance of Grading City Fngineer for review and approval a hydrology study determining the Permits volume of increased stormwaier runoff due to development of The site, and determining required stormwaler runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site as required by the City Engineer. V111-2 (Alternative 1) The project proponent shall enter into a Developer Agreement Project Proponent Engineering Department Prior to Issuance of Grading with the City and Riverside County Flood Control District, in an amount Permits cr representing a fair share percentage of the construction cost of the Line 41 G� system, as approved by the City Engineer. Approval by the City Engineer of N 5.1135 PD334,TTM 35623 3 February 6,2008 grading and improvement plans of the project site and issuance of building permits and certificates of occupancy, facilitating development within the 100- year SFHA floodplain, shall occur in accordance with the provisions of a Developer Agreement. (Alternative 2) The project proponent shall delay development of the project site until such time that an alternative Line 41 system is constructed by the Riverside County Flood Control District, or shall design and construct portions of an alternative Line 41 system upstream and downstream of the project site as required by the City Engineer. Prior to approval of a grading plan and construction of improvements located within the 100-year SFHA ioodplain, the project proponent shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA). Prior to issuance of Certificate of Occupancy, the project proponent shall obtain a Letter of Map Revision(LOMR)from FEMA. Noise XI-I A 5 foot 6 inch sound barrier shall be constructed to protect res'icicnts within Project Proponent Building Department Prior to Issuance of Building Buildings 1, IA, 4 and 4A from excessive exterior noise emitting From East Permits Palm Canyon Drive. Noise barriers may be constructed around the perimeter of the property or in cent unction with individual units. XI-2 All barriers shall be solid from top-to-bonom. The following materials may be Protect Proponent Building Department Prior to Issuance of Building used for the construction of this barrier: Permits •Wood Studs with Stucco Exterior 3/8 inch plate glass •5/8 inch Plexiglass Any Masonry Matenal The preceding materials may be used in any combination. Other materials may be used that are rated 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning*Commission- XI-3 Prior to issuance of building permits, in interior noise analysis will be required Project Proponent Planning Department Prior to Issuance of Building for development along East Palm Canyon Drive. Permits XI-4 Construction activities shall be limited to between 7:00 a.m. and 8:0—pin , as Project Proponent Code Enforcement During Grading and specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise Construction irm acts during more sensitive time periods, _ XI-5 Al]perimeter walls and barriers shall be installed immediately following precise Project Proponent Building Department During Grading and Eadin^of the site,if not sooner, Construction C+ II ?—a 5.1135 PD334,TTM 35623 4 February 6,2008 '.y Xi-6 All construction equipment, fixed or mobile, shall be equipped with properly Project Proponent Code Enforcement During Grading and operating and maintained mufflers and the engines %hall be equipped with Construction shrouds. Xi-7 All construction equipment shall be in proper working order and maintained in a Project Proponent Code Enforcement During Grading and ro er state of time to reduce backfires. Construction XI-8 Stockpiling and vehicle staging areas shall be located in the northeastern portion Project Proponent Building Department During Grading and of the Eroperry,as far away from existing residential units as possible. Construction XI-9 Parking, refueling and servicing operations for all heavy equipment and on-site Project Proponent Building Department During Grading and construction vehicles shall be located in the northeastern portion of the property, Construction as far away from existinu residential units as possible, XI-10 Stationary equipment shall be placed such that emitted noise is directed away Project Proponent Building Department During Grading and from noise sensitive receptors COnstructlon Transportation/Traffic XV-1 The project developer/applicant shall dedicate publ7eastbound -way in Project Proponent Engineering Department Prior to Issuance of Grading accordance with the City of Palm Springs General Plant General Perinils Plan roadways as follows: East Palm Canyon Drive: Ten feet of right-of-way must bo provide a 50-foot wide half-street right-of-way required by the Gendditional right-of-way trust be dedicated to accommodate the addiund lefi- tum lane. In conjunction with the project, the south faceocur shall be relocated along East Palm Canyon Drive to facilitate the additional eastbound left-turn lane. A 12-foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind the curb; Matthew Drive: vacate eleven feet to provide the 33-foot half street right-of- way required by the General Plan;and Linden Way Drive: 19 feet can be vacated to provide the 25-foot half street right-of-way required by the General Plan. _ XV-2 All required off-site public and on-site private streets shall be designed in Project Proponent Engineering Department Prior to Issuance of Grading accordance with City of Palm Springs design standards, as required by the City Permits Engineer. XV-3 The project developer/applicant shall submit street improvements plans for Project Proponent Engineering Department Prior to Issuance of Grading construction of required streets, to the Palm Springs City Engineer for review Permits and approval, XV-4 The project developer/applicant shall be responsible for 100 percent of the cost Project Proponent Engineering Department Prior to Issuance of Grading for construction of public street improvements (consisting of pavement Permits widening, curb and gutter, sidewalks, and landscaped median island) which shall be eonstrucred In cunluncuon with approved phasing plans for development and/or associated with an approved Final Map as follows East Palm Canyon Drive: ultimate major thoroughfare street improvements as approved by the Palm Springs City Lngincer; 5.1135 PI)334,TTM 35623 5 February 6,2008 Matthew Drive (between Linden Way and Gene Autry Trail): industrial minor collector street improvements,as approved by Palm Springs City Engineer; and Linden Way (between Matthew Drive and the Last Palm Canyon frontage road): local street improvements, as approved by the Palm Springs City Engineer XV-5 The main site access on Matthew Drive shall provide an entry drivc with a Project Proponent Engineering Department Prior to Issuance of Gradin, minimum of 100 feet of stacking depth to accommodate peak queues entering Permits and leaving the site as well as an area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Matthew Drive. XV-6 The secondary site access proposed on Linden Way shall provide an entry drive Project Proponent Engineering Department Prior to Issuance of Grading with a minimum of 75 feet of stacking depth to accommodate peak queues Permits entering and leaving the site as well as an area for motorists who enter inadvertently to turn around. A decorative street light shall be provided at the main site entry at Linden Way. XV-7 The applicant may request the existing right-of-way be vacated along Linden Project Proponent Engineering Department Prior to Issuance of Grading Way and Matthew Drive in accordance with the ultimate right-of-way shown by Permits the City of Palm Springs General Plan Street Plan and provide building setbacks and balf-street improvements in accordance with City requirements, XV-8 A STOP sign shall be installed on the minor street approach to control exiting Project Proponent Engineering Department Prior to Issuance of Grading site traffic at the site access proposed on both Matthew Drive and on Linden Permits Way, XV-9 If the proposed development will employ more than 100 persons, the project Project Proponent Engineering Department applicant shall comply with the provisions of the Palm Springs Traffic Demand Management(TDM)Ordinance. XV-10 The project developer/applicant shall pay Traffic Uniform Mitigation Fees Project Proponent Fngineering Department Prior to issuance of Grading (TUMFprior to issuance of building 2ermils Permits XV-11 Although many improvements to the intersection of Gene Autry Trail and East Prglect Proponent frigincering Department Prior to Issuance of Grading Palm Canyon Drive may be funded by the TUMF program, the project applicant Permits will be required to contribute on a fair-share basis to the cost of circulation improvements required an roadways and/or ai intersections that are not in the TUMF program prior to approval of a Final Map: Since the intersection of Gene Autry Trail and East Palm Canyon Drivc is a Congestion Management Program (CMP) intersection, no fair-share payment will be required for the future southbound right-turn lane on Gene Autry Trail at East Palm Canyon Drive. TUMF fees will provide the funding for the design and construction of the future southbound right-tum lane on Gene Autry"frail at East Palma Canyon Drive. This payment of TUMF fees by the project proponent }� will be sufficient as funding for the provision of an exclusive southbound right- , V turn lane on Gene Autry Trail at East Palm Canyon Drive. U 5.1135 PD334,TTM 35623 6 February 6, 2003 it Although ordinarily no fair-share payment would be required for the future eastbound left-tum lane on East Palm Canyon Drive at Gene Autry Trail, and that TUMF fees would provide the Funding for the design and construction of the future eastbound left-turn lane on Fast Palm Canyon Drive at Gene Autry Trail, in order to facilitate construction of a raised, landscaped median island within Gene Autry Trail required by the General Plan, it is necessary for the project proponent to design and construct the ultimate configuration of lanes at this intersection now in conjunction with development of the project site. Additional right-ot=way must be dedicated(over and above the 10 feet that must be dedicated to bring East Palm Canyon Drive up to the General Plan half-street right-of-way width) in conjunction with this, project to accommodate the additional eastbound left-hum lane discussed in the Traffic impact Study by Endo Engineering, revised May 2007 in conjunction with this project, the south face of curb shall be relocated along the East Palm Canyon Drive frontage to facilitate the additional eastbound left-turn lane. A 12-foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind die curb. XV-12 To insure compliance with City access and design standards, the final building Project Proponent Engineering Department Prior to Issuance of Grading and parking layout and site access design shall be subject to tic review and Permits approval of City Traffic Engineer as part of the development review process, XV-13 Site distance at both site access points shall be reviewed for adequacy with Project Proponent Engineering Department Prior to Issuance of Grading respect to City of Palm Springs standards in conjunction with the preparation of Permits the final site grading plans, landscape plans and street improvement plans. XV-14 Since site access will be controlled, the desip shall incorporate service and Project Proponent Engineering Department Prior to Issuance of Building emergency access, on-site turn-around, relevant signing, or other similar Permits features as required by the planning commission, fire and police departments, and Zoning Code Chapter 93.05.00. Ingress and egress design shall include vehicle maneuvering and stacking space to avoid internal and external traffic conflicts. XV-15 Per the parking standards and regulations set forth in Zoning Code Section Project Proponent Engineering Department Prior to Issuance of Grading 93.06.00, off-street parking shall be provided to serve employees,residents, and Permits guests associated with the proposed development including the required number of accessible parking spaces (per state and federal guidelines), as well as improvements required for covered parking, traffic maneuvering, and parking area drainage, landscapin and li htinK. XV-16 Off-street loading space/facilities shall be designed, located constructed and Project Proponent Engineering Department Prior to Issuance of Grading maintained as required by the City of Palm Springs to minimize the impact of Permits service and delivery trucks on residents. XV-17 The project developer/applicant shall coordinate with SunLme Transit Agency Project Proponent Fngineering Department Prior to Issuance of Grading regarding required public transit facilities on and adjacent to the project site. Permits q Any required public transit facilities (including bus stops, hum-outs,bus shelters and furniture, or other miscellaneous public transit improvements) shall be ua furnished, constructed and installed in conjunction with construction of the �.., associated street improvements. c 5,1135 PD334,TTM 35623 7 February 6,2008 XV-18 The project developer/applicant will comply with City requirements regarding Project Proponent Engineering Department Prior to Issuance of Grading the master planned bikeway adjacent to the site along Ease Palm Can on Drive. Permits Ci C7 � I � h 5.1135 PD334,TTM 35623 ft February G,2008 IN TILE CITY OF PALM SPRINGS. STATE OF CALIFORNIA TENTATIVE TRACT MAP NO. 35623 FOR CONDOMINIUM PURPOSES A 2uR OM,ION or FARCRIR 2p ANn 3H uLINO n I'ORTInN of TNr Rni'TIOC Tr QUARTCN (sRl/l y ° Or.L['IION to fOCr 111Y A 4u11 11 RANCF. S FAf:I Of TIM 9AN fpUNn n� C161tnutOlNo M6Ii1Ntw LEGEND i'p rn F lilN R91nF ;TAIL OI'CAUFORNIA OMS 1' smA CNOINEFRMC 1N( AFRIL 2007 bq r..,w,o[u.CAfu^4swuut it ON r t: r °c Vc r"'� µy1 i'vw j I a� rt�n°R.Robnci�r'^nw .,,x�r. � �il l�l `L•i�si - � -p� xemxu„°u°cr°,�°.�..� ." _, APN 681-170-038 ;l.n d13��I o - (9.31 A,,C.) 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RAINBOWVISIGN PALM SPRINGS gyp,. O LcD ..�, ^ry IDN PROPERTIESRAINS INC om /\ PROPERTIES INC I a' n I II --o \--o C 4 - MINC GRAND CENTRAL j BUILDING q _ n EXT ELEVATIONS C A-202-GC 1pG ' s M Gary and Susan Boskovich C! I Y 0 P P A L wi S P i?I @+d G 4193 Matthew Drive 2008 FEB _15 PM 38 Palm Springs, CA 92264 CI i Y CLERK, February 5, 2008 Palm Springs City Council C/O .Tames Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: RainbowVision of Patin Springs To Whom It May Concern: We live at 4193 Matthew Drive, Palm Springs, across the street from the proposed development by RainbowVision at Matthew Drive and East Palm Canyon. We are very much against the height of the proposed development of 45 feet. 24 feet is the maximum height allowed_ 24 feet will block some visibility for us, but 45 feet will completely block any view, including trees and the mountains near Yucca Valley_ We realize this is a worthwhile project,but no consideration was taken into account for residence to the South_No direct contact to us was ever made by the developers of the RainbowVision project. No neighborhood meeting has occurred,no notification occurred until the January 9 meeting,which was very short notice and was addressed to Matthew and Virgie Dragicevich, former owners and both deceased. We are the current owners and have been since 1999 as on record. Under resolutions Section 3, paragraph 3,this project IS detrimental to the adjacent properties. Our view is to the North East and will be completely blocked if anything greater than 24 feet in height is allowed. There is also a development in the works East of us and South of this development that was also never notified of the 3 stories,45-foot height_ Due to the height requested over 24 feet, our property value will greatly be impacted. The attributes of our property value are dependent upon the current view. This project is being built in mostly a residential area and residents should be considered before final approval is made_ There is residential to the North, West, and South of this project. Thank you for taking time to read this and please take these comments with just fairness. We appreciate your consideration. Sincerely, n nil "A`C�Jc.��� Gary and Susan Boskovich OF ?ALM Se ^"f City of Pa' Im Springs Office of the City Clerk P 3200 E. TZ1hgw[z(.rayon Wdy ° Palm Springs, Giliformm 92262 c9ClpoV"Z TF (760) 323-Fi20 i ^ Fax (MO) 322-5332 • Web: www.pa11)r.pring4-C[,;OV NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of February 6, 2008, Public Hearing Item No. 1.E. CASE NO. 5.1135, APPLICATION BY RAINBOWVISION PALM SPRINGS, LLC, FOR PLANNED DEVELOPMENT DISTRICT 334 AND TENTATIVE TRACT MAP 35623, FOR THE CONSTRUCTION OF 184 CONDOMINIUM UNITS AND ONE COMMERCIAL STRUCTURE ON AN APPROXIMATE 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE The City Council continued the public hearing to Wednesday, February 20, 2008, at the Council Chamber, City Hall, 3200 Tahquitz Canyon Way, at 6:00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) 1, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5.30 p.m., February 7, 2008, as required by established policies and procedures. James Thompson City Clerk H.\USERS\C-CLK\Heanng Nctices\NOTICE Or CONT- Rainbowvision doc Q Post Office Box 2743 0 Palm Springs, California 92263-2743