Loading...
HomeMy WebLinkAbout2/6/2008 - STAFF REPORTS - 1.E. RECEd1 ED Gary and Susan Boskovich C f T Y OF PALM 4193 Matthew Drive 200E FEB -5 PH 0: 38 Palm Springs, CA 92264 JA,KES THChPSCH' CITY CL_ % February 5, 2008 Palm Springs City Cowicil C/O James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: RainbowVision of Palm 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 Pahn 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, Gary apd Susan Boskovich % /J/� r iy � c u n z z CA</FOR��P CITY COUNCIL STAFF REPORT "' v DATE: FEBRUARY 6, 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 0 BY: Department of Planning Services SUMMARY M 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) 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 that provides amenities such as a fitness/wellness center, spa, dining, nightclub/cafe and activity rooms. Project amenities will be open to the general public. The project includes _ construction of underground and at-grade parking, pool, and tennis stadium. This project was recommended for approval by the Planning Commission on January 9, 2008. —I RECOMMENDATION 1. Open the public hearing and receive public testimony. 0 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY DEVELOPMENT PLANS FOR CASE 5.1135 PD334 AND APPROVING CASE TTM 35623 FOR CONSTRUCTION OF 184 CONDOMINIUM UNITS AND ITEM NO. City Council staff Report February 6,2005 Case:5.1135 PD334,TTM 35623 Page 2 of 3 GRAND CENTRAL BUILDING AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE WR3, SECTION 30. r ANALYSIS n The proposed project is located at the southwest corner of East Palm Canyon Drive and Z Matthew Drive. The property is vacant and is approximately 13.28 acres in size and is Z 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 M as a Collector Road and Linden Way which is designated a Local Road. The project 0 does net provide access to East Palm Canyon Drive; access is taken from Matthew Drive and Linden Way. Architecture v The architectural style is predominantly modern, however, it is not meant to reference a m particular vernacular. The architecture is based on simple forms and the use of a C 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 m buildings integrate both two and three story elements that accentuate the variety in the r 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 Q 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. 9 The colors are generally taken from the surrounding natural landscape. Gold is inspired m by the color of the grass on the hills to the south and the purple-gray is inspired by rock Z 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 The applicant is requesting a Planned Development District to comply with Policy LU8.1 v and Action LU8.1 of the General Plan which states . . . "Encourage new mixed/multi-use 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 commercial uses." The applicant is requesting a Planned Development District to allow permanent 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. Op0��2 City Council Staff Report February 6,2008 Case:5.1135 PD334,TTM 35623 Page 3 of 3 Table 1: Proposed Development Standards Ma II- Use Mixed-Use/Multi-Use a Open 5 ace 62.53% Setbacks 105 feet from the opposite side of Matthew Dr. and Linden Way Z 125 feet from the center line of East Palm canyon Drive Z Bldg Separations 35 feet Height 35 feet and 3 story M Parking 405 spaces 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 O rise building shall have a minimum setback of three feet of horizontal setback for each one foot of vertical rise of the building. At 35 feet of height, a minimum setback of 105 M feet is required. The proposed project complies with the high rise ordinance. A more C detailed analysis 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 M the attached draft resolution of approval. r i ,4inServices PThomas Wilso , Assistant City Manager Dir to of Pla m e� Z David H. Ready, City er Attachments: 1. Vicinity Map 0 2. Draft Resolution 3. Planning Commission Staff Report 4. Planning Commission Minutes (Excerpt) 5. Mitigated Negative Declaration 6, Mitigation Monitoring and Reporting Program 7, Site Plan 8. Elevations 000003 Department of Planning Services W N Vicinity Map S ' AA00R CT w I lol li � ' U O Lvi �' 5 W INPY=RS CIR I y❑ i r yJ WIPER LY 6R j4 - SEMINO LE RD ` 'K 771 x r I J' Legend ProjectSite I�400' Radlus Surrounding Parcels 000004 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 or 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 January 9, 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 HEREBY FINDS AS FOLLOWS: Section 1: A Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission finds that with the incorporation of proposed 000005 City Council Resolution February 6, 2008 Case 5.1135 PD334, TTM 35623 Page 2 of 5 mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The Planning Commission 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 1-1-18.1. 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. 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. The property is currently zoned R3 and is designated Mixed-Use/Multi-Use. The project is not likely to be 000006 City Council Resolution February 6, 2008 Case 5.1135 P0334, TTM 35623 Page 3 of 5 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 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, setbacks and building height. 3. The site is physically suited for this type of development. 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. 000037 City Council Resolution February 6, 2008 Case 5.1135 PD334, TTM 35623 Page 4 of 5 4. The site is physically suited for the proposed density of development. The proposed 1328 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 properly. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Mitigated Negative Declaration and 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). 000009 City Council Resolution February 6, 2008 Case 5.1135 PD334, TTM 35623 Page 5 of 5 ADOPTED THIS 6t" 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 6, 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. 000010 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 000011 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 224 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. 000012 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 of the completion of earth moving activities. MM III-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. QQQM Conditions of Approval February 6, 2008 Case 5.1135 PD334 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, 000014 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 oaoa-15 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 000019 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 0000 7 Conditions of Approval February 6, 2008 Case 5,1135 PD334 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. 000018 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 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 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 000019 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 0100020 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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. 000021 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 9403.00 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: Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 14 of 39 a. The solar control needs to be tied to the windows. b. Streamline the elevations of the buildings adjacent to Matthew Drive. c. Work on the design or 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 IT 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. 000028 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 15 of 39 25. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 26. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance or 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. Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 16 of 39 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 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 62.53% Space Setbacks 105 feet from the opposite side of Matthew Dr. and Linden Way 125 feet from the center line of East Palm can on Drive Bldg 35 feet Separations Height 35 feet and 3 story Parking 405 spaces ENGINEERING: The Engineering Division recommends that if this application is approved, such approval is subject to the fallowing 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. O'Ql3025 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 17 of 39 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, 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 HOW, Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 18 of 39 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 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 000027 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 19 of 39 the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 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. 53. 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. 205. The centerline of the driveway approach shall be located approximately 515 feet east of the centerline of Linden Way. 9JOUII3128 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 20 of 39 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 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. 000029 Conditions of Approval PP February 6, 2008 Case 5.1135 PD334 Page 21 of 39 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 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 Califomia 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'/z 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 000030 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 22 of 39 preliminary site plan does not constitute approval of the on-site layout of drive aisles and parking spaces as originally proposed. 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 000031 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 23 of 39 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 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 000032 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 24 of 39 applicant to coordinate scheduling of Tribal monitors during grading or other 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-DWO 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 000033 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 of 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. 000034 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 CLOW 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 (L.OMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-buiIt's"), 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 000035 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 RainbovvVision 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. 000036 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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- 669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to 000037 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 (AutoCAD 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. 000038 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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.LS. 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 Cade, 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 0100039 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 000040 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 $600 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. 000041 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 000042 Conditions of Approval February 6, 2003 Case 5.1135 PD334 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 12 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. (902.2.2.1 CFC) 127. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1 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 000043 Conditions of Approval February 6, 2008 Case 5.1135 PD334 Page 35 of 39 first floor of any building will be more than 150 feet from such roads. (0022.1 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 stones) 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. 000044 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 flaw 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 # MT4-115-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 (FIRER # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow 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 Wiring 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 internal 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 000045 Conditions of Approval February 6, 2008 Case 5 1135 PD334 Page 37 of 39 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. (1005.2.1/2 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. (1006.2.4.1 CFC) 000046 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 96) 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 banners, 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 11112713.5.1 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 000047 Conditions of Approval February 6, 2008 Case 5.1135 PD334 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 111413.1.2 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 1111B.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 000048 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/S/C (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 QQQQ � OFQALM S'D4 r a c U y 7 ° Z � °giFa'q q °q'e`J:°RNXP Planninci Commission Staff Report m 0 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: WR3 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 a U) 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/cafe 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. Q�0'Q'Q150 Planning Commimon Staff Report January 9,2008 Case.5.1135 PD334,TTM35623 Page 2 of 11 RECOMMENDATION 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). v • 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 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 0 project and voted to re-study the project due to the following: "d • Vary roof lines to strengthen Grand Central building • 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 0 • Unite site interconnections through landscaping and pathways -- • Unify the Grand Central building with the rest of the project architecture through use of similar architectural elements • Utilize rich landscaping along East Palm Canyon Drive • Consider using landscaping on the art wall 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: • The solar control needs to be tied to the windows er�aa�� Planning Commission Staff Report January 9,2008 Case 5 1135 PD334 TTM35623 Page 3 of 11 • Streamline the elevations of the buildings adjacent to Matthew Drive Wo • 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 Z BACKGROUND AND SETTING m The proposed project is located at the southwest corner of East Palm Canyon Drive and 0 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 Mopened 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. O Table 1: Surrounding land uses, General Plan designations, and Zoning — Land Use General Plan Zoning � North Multi-Family Medium Density Residential R-G-A (8) condominiums East Shopping Center Neighborhood /Community Commercial C-D-N �.. South Vacant Medium Density Residential and R-2 n Neighborhood/Community Neighborhood/Community Commercial West Multi-Family Mixed-Use and Regional Commercial R-3 and Apartments and C-2 Commercial Q'QQQ�u�? Planning Commission Staff Report January 9,2006 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 a with secondary access from Linden Way.. This drive-aisle will bring users to the front of Z 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 v 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 v 2 Bedroom Units 1.5 per dwelling 174 261 M 3 Bedroom Units 0.75 __per room 10 23 Guest Parkin 1 __per 4 dwellings 184 46 C Grand Central Building 1 _per 250 sq. ft. 27,062 109 M_ 439 r 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 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 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 —1 use of materials, be environmentally sensitive. NUB, Planning Commission Staff Report January 9,2008 Case!5.1135 P0334,TTM35623 Page 5 of 11 The colors are generally taken from the surrounding natural landscape_ Gold is inspired ,D 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 r earth tones in the brown family to keep a generally natural color scheme. Planned Development District Z The applicant is requesting a Planned Development District to allow Z pP q 9 p permanent 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 Eng Proposed Standards O Uses Mixed Use le-family 184 condominiums, restaurant, ngs, Hotels lounge/cafe, fitness/wellness sort hotels center, two pools and a small tennis stadium Density 15-30 du/a acre 14 du/acre CTIooms/acreOpen Space n/a 5% usable 62.53% usable landscaped areaaped open including retention basins, and swimming pools, tennis court r living and stadium and walkway systems tion between Setbacks n/a 125 feet. From 125 feet from the center line of 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 X and Linden Way. Bldg n/a 15ft. Approx. 35 feet 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; 0D005� Planning Commission Staff Report January 9,2006 Case:5 1135 PD334 TTM35623 Page 6 of 11 General Plan Zoning_ __Proposed Standards feet subject to _Section 93.04,00 r Parking n/a 433 spaces 405 spaces are proposed a required Z Tentative Tract Ma 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 13.28 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 r aspects of design shall be examined to determine whether the proposed development O 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 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,- 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 0 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. 000055 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 (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; r The proposed height of the building varies from 27'-7" to 45'-0" (including 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; M and 0 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 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 C integrate both two and three story elements that accentuate the variety in the 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 0 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 all plant materials; The vacant site contains a scattering of indigenous insignificant shrubbery. There — are no specimen trees to preserve. The landscape design proposes drought U) tolerant trees, shrubs, and groundcover. Emitters will deliver water to each individual plant, therefore practicing water efficient irrigation methods. Planned Development District ^� 0 Findings can be made in support of establishing the proposed Planned Development District as follows: Planning Commission Staff Report January 9,2008 Case:5.1135 PC334,TTM35623 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)(9) 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 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 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 0 road and a major thoroughfare. The proposed project is conveniently located to M existing shopping and restaurants. C 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 Q allow an increase in height from 24 feet and 2-stories to 35 feet and 3-stories. Mal 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; p The subject site is located along East Palm Canyon Drive (Major Thoroughfare) (n between Linden Way and Matthew Drive. The existing road network is designed for multiple-family and commercial development. r Tentative Tract Ma Additional findings are required for the proposed subdivision pursuant to Section 66474 n of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow, 000057 Planning Commission Staff Report January 9,2008 Case:5.1135 PD334,TTM35623 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 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. 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 m The site is vacant and slightly undulating and measures approximately 1328 r 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. O 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. n The design of the proposed subdivision includes the provision of public water and —� 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. 000058 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. The design of the subdivision will not conflict with easements for access through or Z use of the property. Z ENVIRONMENTAL ASSESSMENT M Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) D 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. D 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 measures adequate to address the issues of 100-year flooding and Line 41 improvements. 0 • The United States Fish and Wildlife Service (USFWS) commented on the .p 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"s m 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. v 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 TransportationfTraffic sections of the MND. _ 0 ^-I Planning Commission Staff Report January 9,2008 Case:5.1135 PD334 TTM35623 Page 11 of 11 NOTIFICATION A public hearing notice was advertised and mailed to all property owners within 400 feet I`� of the subject property/adjacent property owners. As of the writing of this report, Staff a has not received any comment. z z M I pher Brown -Erai9'AF�^'in ; Aicp 9 Contract Planner Director of Plannfng Services ATTACHMENTS: 0 1_ Draft Resolution m 2. Vicinity Map C 3. Mitigated Negative Declaration M 4. Mitigation Monitoring and Reporting Program 5. Tentative Tract Map 35623 6. Site Plans O 7. Preliminary Grading Plan 8. Landscape Plans 9. Elevations m z a n HOMO RainbowVision Resort Retirement Community Mitigated Negative Declaration Revised: December 2007 F Q AL M S,p Prepared by � ✓ . The City of Palm Springs October 2007 * f1'c q,� � C' 0RPokAt O RNNP oaoas� RAINBOWIINITIAL 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 4. 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-Use - the Mixed-Use/Multi-Use General 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 Watercourse/Multi-Family Residential and Hotel Zone The R-3 Zone is intended to provide for the development of high density apartments, hotels and similar permanent and resort 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 recreational 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 (RainbowVision Resort 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 Q o s G RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION food preparation, and security) that will be solely for the benefit of the residents of the community. The site is proposed to be goied 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 Feel above sea level and lies on an alluvial plain created by runoff from the Sonia 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 cenlral building located in the center of the site. Perimeter buildings have 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 Ihot the project will be built in one phase. No addilional 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, Redevelopment Area 9-G West- Multiple Family, Vacant and Commercial Property, W-R-2/C-2(1-L.) 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 Quality Control Board RafnbowVision, Initial Study October 2007 3 000063 RAINBOW/INITIAL STUmm.mD&EGA_DECLARATION Figure t Project Vicinity Map m | ƒ! JAI\r\ j� 2 q yImponal�±_ E j )!` � aj | � @ | \ i | i 5 . o i J$ i , ! | - ` { � (Source: Rainbow Vision, Traffic Irnpoct Analysis, e± e ng, 6/2006) Note:Project Vicinity Map Not eScale RainbowVision, Initial a6 October _z ® nRODa4 RAIN BOWVISION/INITIAL STUDY/Mil(GATED NEGATIVE DECLARATION Figure 2: Project Location Map Desert Lekes Dr E Eagle %May L9 - Seven Lakes Dr i � c m N <C L7 l7 — C b � m Arbor C1 m N Z 2 m I— •r fi Pali � +�L.INI 17r P.}J m � Wrl rr, -Z-, jF E Waverly Dr o` E Matthew Dr 5? t'1 UI L•�Q.�i jlC �, a CopyrlqFs @12000 Mlcrown Corp.andior Ifs supplIers, All rlgrns relanred (Source: Exterior Noise Analysis, Bridge Net International, 11/15/2006) Note.Project Location Mop is Not to scale RainbowVision, initial Study October 2007 5 000065 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION Figure 3: Site Plan r A E ` e0 y�lyrYldd•it�JJJ•1[E hut y I 4 I I _ J I / / --- I / (Source: Rainbow Vision, GMID, 2/2007) Note.Project Site Plan is Not to Scale Rainbowl/ision/ Initial Study October 2007 6 RAIN BOWVI SIGN/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/Sails ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recrealion ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance RainbowVision, initial Study October 2007 7 009'Gr ry 7 RAINBOW/INITIAL STUDV(MITICATED NEGATIVE DECLARATION DETERMINATION- (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ 1 rind 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 project MAY have a significant effect on the environment. and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find chat the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 1 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 on earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to lhot 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 8 HUM RAI NUOWVISION/I N ITIAL STUDY/MITICATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parenihcses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside e fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on 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 project-level, indirect as well as direct, and construction as well as operalional impacts. 3) Once the lead agency has determined [hot a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less ihan significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the delerminetion is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced on 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-referenecd). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(C)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. e) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lcod 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 ocher sources used or individuals contacted should be tiled in the discussion. RainbowVision, initial Study October 2007 9 000069 RAINBOWIINITIAL STUDY/MITIGATED NEGATIVE DECLARATION 8) This is only a suggesled form, and lead agencies are frCC to use different formats; however, lead agencies should normally address the questions from this checklist 1hal are relevant to a project's environmental effects 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 RainbowVfsivn, Initial Study October 2007 10 000070 RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact [. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic Vista? ❑ ❑ ® ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ El ® Eloutcroppings, and historic. buildings within a stare scenic highway? e) Substantially degrade the existing visual character or quality of the site and ilc ❑ ❑ ® ❑ surroundings? d) Create a new source of substantial light or glare lhal would adversely affect day of nighttime ❑ ❑ ® ❑ views in the area? a,e) Less than Significant Impact. The proposed project site lies on the fringe of an alluvial fan with a dramatic change from desert 10 mountain. The project has carefully considered the surrounding area. Wide, landscaped setbacks have been designed along the perimeter of the entire site including: East Palm Canyon Drive; Gene Autry Troll; Mailhcw 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 significant setbacks hove 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 that will allow 45% of the site to be retained os open space. Building pads will be graded at approximately two Fool intervals on a less than one (1) percent grade which approximates the current, undeveloped grade in clusters of two and three story buildings. The color pale)le is a mix of browns and grays that blend well with the surrounding desert environment and the surrounding neighborhood. The landscape palette consists of native or comparably appropriate plan[ 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 projec[. The project will blend with the scenic vista and will nol 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 10 a scenic vista and visual quality of the area will be less than a significant impact. RainbowVidon, Initial Study October zoo? 11 0000171 RAIN80W/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION b) .less than Significant Impact. The project will not destroy any trees, rock outcroppings or historic buildings. Allhough Highway i 11 from Interstate 10 to Highway 74 is an eligible scenic highway (1993 Palm Springs General Plan - Scenic Corridors), no plans to adopt a Scenic Corridor Prorcction Program have been proposed. Therefore, the impaci will be less than significant. d) Less than significant Impact. An increase in light 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 auiomobile headlights. The landscaping lighting would not create substantial light or glare and would conform to Section 93.21.00 or the City's Outdoor Lighting Standards. Lighting from aulomobile headlights would be limited since only 184 units are proposed, on-site lights are limited, and will be to a large extent blocked by structures onsile. Therefore, impacts to visual character. including light and glare, are considered to be less than significant. RainbowlKision, Initial Study October 2007 12 rt 9 OI 0 7 2 RAI NBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ^^ _�Less Than Significant Polenlially 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 SLaLewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural used 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 used a) No Impact. The proposed site is located in an area that does not contain prime, unique, or farmland of statewide importance.Therefore, no impact would occur. b) No Impact. No Williamson Acl Confracts are located on the project site. Furthermore, no Williamson Act Contracls are located in the immediate vicinity of the project site (General Plan EIR 1992). Therefore, no impacts to 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 vacant or partially developed. Developed lands include multiple family residential and commercial. There will be no impact to agricultural land. RaiobowVision, Initial Study October 2007 13 U0010 3 RAINBOW/INITIAL SrLIDY/MITIGATEO 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 districl 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 ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an ❑ ® ❑ 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 ❑ ❑ 0 ❑ number of people? a) Less than Significant:. The project is within the jurisdiction of the South Coast Air Quality Management Disirict (SCAQMD). The SCQAMD Governing Board adopted the 2003 Air Quality Managemenl Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 altoinment 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 additional 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.ogmd.gov/agmp/). 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. Impacts to the implementation of the 2003 AQMP would occur if the project was inconsistent with the City's General Plan. As this is not the case, the project 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 pollutants are summarized in Table III-1 and described in detail below. RainbowVision, Initial Study October 2007 RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TABLE 111-1 FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time Federal Primary Standard State Standard 1-Hour -- 0.09 ppm Ozone(O,) 8-Hour 0.08 ppm 0.07 ppm 8-Hour 9.0 ppm 9.0 ppm Carbon Monoxide (C4) 1-Hour 35.0 ppm 20.0 ppm Annual 0.053 ppm - Nitrogen Oxide(NO,) 1-1-iour - 025 ppm Annual 0.03 ppm - Sul(ur Dioxide(50z) 24-Hour 0.14 ppm 0.04 ppm 1-1-lour - 0-25 ppm 24-Hour 150)gfm' 504m` PM" Annual 501Wm' 2O4m' 24-hour 65,tglm' - PM Annual 15Wrm' 12Fgfm' Lead 30-Day Avg. - 1.5 P)MI Month Avg. 1.5 AFIM, - Visibility Reducing 8-1-lour - See Below Particles Sulfates (S042) 24-Hour — 25lWm' Hydrogen Sulfide(HZS) 1-Hour — 0.03 ppm Vinyl Chloride 24-1-lour — 0.01 ppm Source: California Air Resources Board, 'Ambient Air Quality Standards,"May 17, Z006. ppm -parts per million ,Dolma - micrograms per cubic rneler Ozone (O.) is the most prevalent of a class of photochemical oxidants formed in the urban atmmphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources The major sources of oxides of nitrogen and reactive hydrocarbons, known as ozone precursors, are combustion sources such as factories and automobiles, and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, ionic gas formed by mcornploto combustion of fossil fuels. CO concentrations are generally higher in rho winter, when meteorological conditions favor the build-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 mefricrom fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nifrogen Oxides(NOx) rho primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including:high levels of fine particulate rnatror,poor visibility and acid deposition. Sulfur Dioxide(SOX results from the combustion of high sulfur content fuels. fuel combustion is the major source of 502, while chemical plants,svlrur recovery planii,and rnetal processing are minor contributors.Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight 502 levels are generally higher in the winter than in the summer(when sunlight 15 plentiful and sulfate is more readily formed). Particulate Matter(PM10 and PM2.5)consists of particles in the atmosphere as a by-product of fuel combustion,through abrasion such as tyre wear, and through Sal erosion by wind Pamrulares can also be farmed through photochemical reactions in the armosphoro. PM 10 refers to finely divided solids or liquids such as soot, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine parbCles are those less than 2.5 microrneters in diamoter and are also referred to as PM2.5. Lead is found in old paints and coatings,plumbing and a variety of other materials. Once in the blood stream, lead can cause damage to the brain, nervous system,and other body systerns. Children are most susceptible to the effects of lead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. Visibility Reducing Particles consist of susp(-ndod particulate matter, which is a complex mixture of tiny particles that consists of dry 5nhd fragments, solid cares with liquid coatings, and small droplets or liquid. These particles vary greatly in shape, size and chemical composition, and can be made up of many different materials such as metals, soot' sal, 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 quaNy. The California Air Quality Standard is the extinction coefficient of 0.23 per kilometer-visibility of ten miles or more due to particles when relative humidity is less than 70 percenr. Sulfates (SO42) are the fully oxidized ionic form of sulfur. Sulfates occur in combination with metal and f or hydrogen ions. In California, emissions of sulfur compounds occur primarily from rho combustion of petroleum-derived fuels(o.g., gasoline and diesel fuel)that contain sulfur. This sulfur is oxidized to sulfur dioxide(502) during the combustion process and subsequently converted to sulfate compounds in the atmosphere. The conversion of S02 to sulfates rakes 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 Octob�,}e�r�12�00y7t r� 15 tl G,0lit d� 5 RAINBOW/INITIAL STUDYIMITIGATED NEGATIVE DECLARATION respiratory symptoms, Effects of sulfate exposure at levels above the standard mdude a decrease in ventilatory function, aggravation of asthmatic symptoms, and an increased risk of cardiopulmonary disease. Sulfates are particularly effective in degrading visibility, and, due to fact that they are usually acidic.,can harm ecosystems and damage materials and property. Hydrogen Sulfide (112g) is a colorless gas with the odor of rotten eggs. It rb formed during bacterial decomposition of sulfur-contarmng organic substances. Also, it can be present in sewer gas and some natural gas, and can be emrued a$ the result of geothermal energy exploitation. Breathing H2S at levels above the standard will result in exposure to a very disagreeable odor. In 1964,an ARQ committee concluded that the ambient standard for H25 is adequate to protect public health and to significantly reduce odor annoyance. vinyl chloride (chloroethene), a chlorinated hydrocarbon, Is a colorless gas with a rndd, sweet odor.Most vinyl chloride rs used to make polyvinyl chloride(PVC)plastic and vinyl products, vinyl chloride has been detected near landfills,sewage plants,and hazardous waste sites, due to microbial breakdown of chlorinated solvents Short-term exposure to high levels or vinyl chloride in air causes central nervous system erreo,%, such as dizziness, drowsiness,and headaches Long-term exposue to vinyl chloride through inhalation and oral exposure causes in liver damage. Cancer is a rnalor concern frorn exposure In vinyl chloride via inhalation. vinyl chloride exposure has been shown to increase the risk of angosarcoma, a rare form of liver cancer in humans. The SCQAMD has established significance thresholds for operational and construction-related emissions. Daily and quarterly thresholds are eslablished. Since a projcct's quarterly emissions are determined by averaging over a 3-monih 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, SO, PM" Lead Operational Emissions Pounds/02y 550 75 100 150 150 3 Construction Emissions Pounds/Day 550 75 100 w 150 150 3 Source: SCQAMD,CPQA Air Quality I-landbook, November 1993 'For Coachella Valley, the mass daily thresholds for operation are the same as the construction Thresholds. "Projects in the Coachella Valley with peak (highest daily) operation-related emissions that exceed any of thesis emissions thresholds should ae considered significant. An Air Quality Impact Study was prepared by Endo Engineering on June 26, 2006. The report assessed short-lerm and long-term individual impacts as well as short-term and long-term cumulative impacts. Short-Term Air Qualily 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, particularly 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 site watering, 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 operations performed during the construction process will have a short- term impact on air quality. These impacts include: 1. diesel exhaust emissions from the construction equipment used as well as the vehicles used to transport the off-highway construction equipment required. RainbowVision, Initial Study October 2007 RAINBOWVI$ION/INITIAL STUDYNITIGATED NEGATIVE DECLARATION 2. emissions from the commute vehicles of construction workers; 3. particulate emissions (fugitive dust) during excovolion, 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 associaled with the preceding are depicted in Table III-3. below. As shown, the unmitigated construclion 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 Dusl - - - 105. 60 -Off-Road Diesel 8, 99 59.50 73-A2 2. 44 -On-Road Diesel 0-00 0. 00 0-00 0.00 -Worker Trips 0- 3.0 0.17 1. 98 0.01 Subtotal 9.09 59- 67 75. 40 106-05 Construction Process -Off-Road Diesel 13-42 88 . 68 108 .00 3.29 -Worker Trips 0. 85 0-45j 10.86 0-18 Subtotal 14 .27 89. 13 118.88 3.47 Architectural Coatings -Off-Gasing 69.79 - - - -Worker Trips 0.85 0.,15 10-88 0. 18 Subtotal 70- 64 0. 45 10-98 0. 18 Asphalt Paving Process -Off-Gasing 0-3 6 - - - -Off-Road Diesel 8. 64 52-76 72.55 7.- 31 -On-Road Diesel 0.07 1. 01 0.25 0.03 -Worker Trips 0.03 0-02 0. 41 0-01 Subtotal 9, 10 53.81 73-21 1. 85 Maximum All Phases 70, 64 89. 13 118-68 108 .05 Daily Threshold 75 100 550 150 Threshold Exceeded? No No No No Source!Rainbow Vision Resort Retirement Community PDD Air Quolity Impact Study,2006 S02 emissions will not be produced by any activity from this project,therefore they have not been included in this table In addilion to thresholds for daily emissions, SCAQMD has also established a quarterly threshold. It is possible to exceed the quarterly threshold without exceeding the daily threshold, as is evident in Table III-4. Exceedanae 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 oil 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 Q'GGG77 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table III-4 Peak Day Unmitigated Construction Emissions Estimates Tons per Quarter)* Emissions Source ROG NOx CO PM10 Site Grodin2 Phase 13 weeks 0.30 1. 94 2.45 3.51 Bull all n Construction 13 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 Rcsort Retiremenl Community PDD,Air Quality Impact Study,2006 Long-Term Operational Impacts Once constructed, the proposed project will generate pollutants from vehicular [rips associated wilh the residents' activities during the day, landscape maintenance, use of naiurol gas and use of consumer products. Table III-3 represents expected operational emissions on summer and winter days. The majority of operalional emissions will result from motor vehicle emissions, including running exhaust, lire wear particulates, 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 water heater fuel combustion, fuel combustion for landscape maintenance and consumer product emissions from air fresheners, automotive 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 ��ai a�O ry L]b 7 8 G RAINBOWVISIONANITIAL STUDY/MITIGATED NEGATIVE DECLARATION Table III-5 Project Buildout Operational Air Pollutant Emissions (ye ar2008 Pounds perDa Emissions Source ROG NOx CO S02 PM10 SUMMER DAY Motor Vehicles 9,78 6-28 7i . 89 0, 05 6- 90 Area Sources -Natural Gas 0.20 2.78 1. 18 -- 0. 01 -Landscaping 1. 40 0. 05 9. 15 0. 10 0. 04 -Consumer Products 9.25 -- -- -- -Architectural Coating 7.56 -- -- -- -- Subtotal 20-04 2- 63 1.0-33 0. 1.0 0-05 Total 29.81 9.11 88 .23 0.15 G. 96 WINTER DAY Motor Vehicles 5- 70 8- 62 61 - 81 0-04 6- 90 Area Sources -Natural Gas 0.21 2.78 1. 18 -- 0. 01 -Landscaping -- -- -- -- -- -Consumer Products 10. 86 -- -- -- -- -Architectural Coatings 7.56 -- -- -- -- Sublolal 18. 64 2. 78 1. 18 0.00 0. 01 Totals 24 . 34 11. 40 62. 99 0. 04 6. 91 Doily Threshold 75 1.00 S5n 150 150 Threshold Exceedede No No No No No source:Rainbow vision Resorl Reiiremenl Communily PDD,Air Quality Impact Study,2006 The following mitigation measures would be implemented to reduce impacts to a less than significant level: Mitigations Measures 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 limiled to the following: A. Adequate walering lechniques shall be employed to partially mitigate the impact of construction generaled 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 porlions of Iranspori trucks shall be sprayed with water before Ihey 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. RainbowVision, initial Study October 2007 19 CIA'131017 9 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION E. Construclion 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 Distrfcl (SCAQMD) after approval. MM III-2 The project proponent Shall notify the City and SCAQMD 24 hours prior to the initiation of earlh moving activities. MM III-3 The City shall nolify the SCAQMD within 10 days of the completion of earth moving aciivilies. MM III-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 or buildings shall not be used concurrently. MM III-9 Where feasible, low emission building materials such as pre-primed and sonded 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 Mitigation: Long-term cumulative operationol impacts may occur when a General Plan amendment application is submilied that will induce growth over lhot anticipated by the AQMP. A General Plan amendment has not been submit led for this project- Long-term cumulative impacts are anticipated to be less than significant. Short-term cumulative construction related impacts may occur when multiple project are being construction at the some time in relatively close vicinily to each other. The Coachella Valley as a whole and the City of Palm Springs are experiencing growth at the present lime 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 meosures 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 East Palm Canyon Drive and Gene Autry Trail. All other RainbowVision, Initial Study October 2007 20 �Q®il7C1U RAINBOWVISIONANITIAL 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 I I I and Tram Way Receptor Corner (Feel) I-Hour Avera e m) 8-1-lour Avera e m Northwest Northwest Year 2008 No-Project 3. 0 1. 3 Year 2008 CO Background 1. 6 1 -0 Ambient Traffic Contribution 4. 6 2.3 2008 No-Project Total Concentration Year 2008 + Project -Year 2008 CO Background 3-0 1. 3 -Ambient Traffic Contribution 1 - 6 1. 0 2008+ Project Total Concentration 4 . 6 2-3 Year 2025 No-Project Year 2025 CO Background 3.0 1.3 Ambient Traffic Contribution 0. 8 2025 No-Project Total Concentration 3. 8 Year 2025 + Project Year 2025 CO Background 3.0 3 Ambient Traffic Contribution 0.8 0-5 2025 No-Project Total Concentration 3-6 1. 8 Late Standard 20.0 9. 0 Federal Standard 35. 0 9.0 Source Rainbow Vision Resort Retirement Community PDD.Alr Quality Impacl Sludy,2006 As shown in the preceding Table III-6. impacts associated with operolion of the project at bulldout 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 Administrative Code. MM 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 abut ling 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- RainbowVision, Initial Study October 2007 21 ''^�� ry 00008-1 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION e) Less than Significant: Due to the residential nature of the project, objectionable doors are not anticipated to be created. Impacts will be less than significant. RainbowVision, Initial Study Oclober 2007 22 000082 RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would theproject: 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) I-lave 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? e) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited El 13 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 ❑ ❑ ❑ z preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ® ❑ Conservation Plan, or other approved local, El regional or state habitat conservation plan? a) Less Than Significanf with Mitigation. The project may have a substantial adverse effect, either directly or through hobilal modifications, on a 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. Development of 1he 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 Ierrestnol 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 lisled 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 sile containing appropriate habitat for the species. This RainhowVision, Initial Study October 2007 23 �Q��u� RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION species was nol delecled during the biological assessment. The closest to the site that this species has been delected 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 Conservalion 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 project boundaries are officially listed by any governmental agency. In addition, the project rile is not expected to have a significant negative impact on any of the species recorded from the project site. 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 Project 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 Ihon significant after mitigation. In addition, the biological assessment concludes that 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: MM IV-1 Do not ploni 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 Conservalion 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 ony sensitive natural 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 natural 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 nalurally occurring springs or permanenl aquatic habitats on the project site. A blue line stream is depicled 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 exisl on the site Today. Therefore, no migratory patterns of fish or wildlife would be impacted by this project. Aainbowvision, initial Study October 2007 24 ��Uos RAINBOWVISION/INITIAL STUDY/MITICATED NEGATIVE DECLARATION e) No Impact. The project site is undeveloped; clearing the site would not require removal or disturbance of sensitive biological resources or landmark trees. 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 Aguo Coliente Bond 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 after mitigation incorporation. Rainbo wVision, Initial Study October 2007 25 0Qo8S5 RAINIQOW/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 Elsignificance of a historical resource as defined in El" 15064.5? b) Cause a substantial adverse change in the ❑ ® El 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 an area traditionally occupied by the Cahuilla 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- Bradshow 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 encountered in the project area. Based on Ihese findings, and in light of the criteria listed within the cultural resource analysis, the study concludes that 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 esloblished procedure if cultural materials are discovered during earth moving operations. In addition, three addilional mitigation measures are recommended as following general protocol and procedures to future earlh-moving operations associated with the 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 evaluate the nature and significance of the finds. MM V-2 A(n) Approved Cullural Resource Monitor(s) as indicated by the Agua Coliente 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 RainbowVision, Initial Study October 2007 26 RAIN BOWVISION/INITIAL 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 State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Aguo 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 wiih this project shall be given to the Aguo Caliente Band of Cahuillo Indians for inclusion into the Agua Caliente- Cultural Register, RainbowVision, Initial Study October 2007 27 000087 RAINBaW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporaled Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: 4 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 ❑ ❑ ® 0 substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. iD Strong seismic ground shaking? ❑ © ® ❑ iii) Seismic-related ground failure, including liquefaction? ❑ 93 ❑ d iv) Landslides? ❑ ❑ ❑ IR b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ® ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ® E] creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El El Eldisposal systems where sewers are not available for the disposal of wastewater? a) i) Less Than Significant Impact. The site is not located within an Alquist-Priolo earthquake hazard zone and there are no known faults crossing the site. The project site, as with virtually all siles within the state, would be vulnerable to ground shaking in the event of an earthquake. The project site and surrounding vicinity are relatively flat, eliminating the potential for landslides. The City of Palm Springs General Plan requires that the project be designed and construcled in accordance with the requirements of the Uniform Building Code (UBC), specifically the requirements of structures located in Seismic Zone 4. Adherence to the provisions of the UBC would reduce polentiol for structural damage in the event of on earthquake. Therefore, a less than significant impact would occur. ii) Less than Significant Impact: Any major earlhquoke damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural 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. RainbowVision, Initial Study October 2007 28 �U�IJCYQ RAINBOWVISION/INITIAL STDDYWITIGATED NEGATIVE DECLARATION iii) Less than Significant with Mitigation Incorporated: The project site is not located in an 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 vicinily 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 mitigate impacts to a level less than significant and have been included as mitigation measures below. Mitigation Measures MIA VI-1 Recompoction of native soils shall occur in all building areas. MIA VI-2 Existing surface soils shall be over-excavated to o minimum 4 feet below existing grade or a minimum of 3 feel below the footing level (whichever is lower). MIA VI-3 Existing surface soils shall be over-excavated to a minimum 5 feel beyond exterior footings. MM VI-4 The bottom of all sub-excovolion areas shall be scarified, moisture conditioned and recompacted to at least 90% relalive compaction (ASTM 1557) for an addilionol of 1 foot. MM VI-5 Basement foundolion areas shall be over-excavated to a minimum of 2 feet below the fooling level. MM VI-6 The lateral exlent 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 site does not have the potential for landslides, due to its relatively level lopography at the end of an 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 significanl issue. Sail erosion due to water will be a required component of the erosion control plans required by the Cily in conjunction with the grading permit for the project. The City's standards for the control of erosion during construction will be applied to the project. The impacts associated with water erosion will be less than significant. The impacts associated with wind erosion during consiruction 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 silly 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. Mitigalion 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 2001 29 000089 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Miliaaiion 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 wilh 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. 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 site is located in a developed, urban area currently served by the City of Palm Springs waslewater disposal system. Therefore, no impact would occur, RainbowVisivry Initial Study � • October 2007 RAINBOWVISION/INITIAL STUDYNITIGATEU NEGATIVE DECLARATION Lees Than Significant Potentially With Less Than Significant Mitigation Significant Impact In[orporated Impact No Impact vu. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ IN ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into (he environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El El © El 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 envi ron ment? 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 El ❑ 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 ❑ ❑ ❑ IR for people residing or working in the project area? g) Impair implementation of, or physically interfere 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 ❑ ❑ ❑ ❑ urbanised areas or where residences are intermixed with wildlands? a,d) Less Than Significant Impact with Mitigation. The proposed project site is currently vacant. The subject property is not included on a list or hazardous materials sites complied pursuant to Government Code Section 65962.5. However, the Phasc 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 (Geochemical Sampling of Hydrocarbon-Contaminated Soil, Earlh Systems Southwest - 11/18/2005). Therefore, a mitigation measure is recommended to remove the hydrocarbon-contamination material that was dumped on the site. RainbowVision, Initial Study October 2007 31 00009, RAINBOWANITIAL STUDY/MITIGATES)NEGATIVE DECLARATION Mitigation Measure MIA 11II-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 Departmenl 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 impact would occur. e-f) No Impact_ The project site is located well outside the 60 d6A 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. Therefore no impact 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. The Plan focuses on operational concepts relative io 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 southern urban edge of the City of Palm Springs. The project will be reviewed by the City's Fire Department to ensure that adequale access is available for emergency response. Therefore, a less than significant impact would occur. RainbowVision, Initial Study October 2007 32 000092 RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATrvE DECLARATION Less Than Significant Potentially With 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 ❑ ❑ ® El 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 El ® ❑ table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ N ❑ 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 substanlially ❑ N ❑ ❑ 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 El ❑ El drainage systems or provide substantial additional sources of polluted runoff? fl Otherwise substantially degrade water quality? ❑ ❑ N ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ ❑ El Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ® ❑ ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ N ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ N a) Less than Significant Impact. The proposed project would add 184 condominium unils (Retirement Community) to the City of Palm Springs. This would increase the amount of impervious surface in the area by adding structures, asphalt and concrete to a previously undeveloped lot. The additional drainage from this project would not have any significant impact on water 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 000093 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION groundwaler supplies or interfere substantially with groundwater recharge. The proposed use is consistent with the General Plan land use designation assumed in preparation of water demand as part of buildoul 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 oclivily Storm Water General Permit to prevent siltation and erosion impacts to storm water through the implemenialion 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 City policy, increased slormwaler runoff due to development of the property will require construction of on-site storm drainage and retenlion improvements to detain the increased runoff. Improvements will be mode 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. Mitigotion_Measures MM Vlll-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 delermining 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 impacts to water quality are anticipated due to standard requirements in place by the City and other agencies. Therefore, a less than significant impocl 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 must 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 development is elevated 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 Mop 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 appropriate, and meet local, state, 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 r�ry tz, ! OS4 34 00r RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION The project has been subject to extensive hydrological analysis. A Hydrology Report was prepared by Stontec Consulting, Inc. in October 2006 to assess on-site hydrology to include drainage design and retention basin design. This analysis was accompanied by an offsite 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 significonl slormwater runoff is generated off-site, 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 wilh the Master Drainage Plan for the Palm Springs Area. (MDP) developed by the Riverside Counly Flood Control and Water Conservation District (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 Matthew Drive ending at the proposed retention basin. The Line 41 system is proposed to accept stormwaler runoff that enters the project site from the south and west, and to convey the runoff easterly to the existing Line 41 system. Ultimately, stormwoier runoff would be conveyed to the existing Cathedral Canyon Channel and the Whitewoter River located in Cathedral City to the east. Al Ihis 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 between the project proponent, the City, and RCFCWD, as well as other developers owning vacant properties located easl (downstream) within the 100-year SFHA floodplain, adjacent to the Line 41 system. The intent of these discussions was to coordinate participation 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 syslem is uncommitted, however, the project proponent has agreed to parlicipotc a fair share contribution to the City and RCFCWD for construction of the Line 41 system. Despite the project proponent's commitment to pariicipote finonciolly with the City and RCFCWD, unless the Line 41 syslem is advanced by RCFCWD through full funding by other developers, the Cily, Riverside County, or RCFCWD (or any combination 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, slate, and federal regulations. In an effort to allow the proposed project io proceed without additional delay while the City and RCFCWD determine opporiuniiics to fully fund and ultimately construct the planned Line 41 system, the City 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 syslem by RCFCWD will facilitate RCFCWD's construction of the system with a schedule corresponding with the project proponent's development of the project site. It this aliernotive is true. then RCFCWD's construction of Line 41 will satisfy local, state, and RainbowVision, Initial Study October 2007 35 000095 RAINBOW/INITIAL STUDY/MITIGATED 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 proponent. Under this alternative, it would be necessary that development of the protect site occur at the same 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 lime that the City Engineer is confidenl Ihol full funding for the Line 41 system is established allowing RCFCWD to advance plans for its construction. The second oltemclive assumes the City and/or RCFCWD are unable to esloblish 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 alternative designs for the Line 41 system, further delaying construction of a regional flood control improvement system to accommodate development of the project site and other vacant properties located within the 100-year SFHA floodplain Therefore, it would be necessary for the project proponent io consider alternatives to developmenl of the projecl sile, including: delaying slarl of construclion until such lime Thal an ollernotive Line 41 system is constructed; or designing and conslrucling porlions of an olternative Line 41 system upstream and downstream of the projecl site in a manner that does not result in flooding of off-site properties, as approved by the City and RCFCWD. Under this alternative, the project proponent would be responsible for obtaining a CLOMR from FEMA prior to starting any construction; and for obtaining a LOMR from FEMA prior to issuance of any certificate of occupancy, in accordance with the City's local floodplain ordinance. Mitigation Measures MM VIII-2 (Alternative 1) The project proponent shall enler into a Developer Agreement with the City and Riverside County Flood Control District, in on 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 Conlrol District, or shall design and consirucl 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 SFI-IA 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. 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 to a significant risk of loss, injury or death in City of Polm Springs. The project site is subject to flooding hazards, as discussed in section g through h, above, However, project design will mitigate the Rainbowvhion, Initial Study October 2007 36 O O O O G d RAIN130WVISION/INITIALSTUDY/M111GATEo NEGATIVE DECLARATION projects susceptibility to flooding events. Impacts will be less than significant offer fulfillment of mitigation. j) No Impact. The City of Palm Springs is not localed in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. RainbowVision, Initial Study October 2007 37 000097 RAINBOW/INITIAL STUDY/MITIGATEo NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IX. LAND USEAND PLANNING. Would the project: a) Physically divide an established community? [] ❑ ❑ M 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 ® ❑ plan, specific plan, local coastal program or zoning 13 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, holel 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-Usc/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 impact will be less than significant. c) " 9 impac 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 Coliente Band of Cahuilla Indians Tribal Habitat Conservation Plan. Conflicts with local conservation plans will be less than significant with mitigation incorporated. Rainbowvision, Initial Study October 2007 38 RAIN60WVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES. would the project: a) Result in the loss of availability of a known mineral El El 0 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 mineral resource recovery site delineated on a local 13 El El E general plan, specific plan or other land use plant e-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Paim Springs, 1992) did not identify any mineral resources in the planning area. Therefore, no impact to mineral resources would occur. RairtbowVision, Initial Study October 2007 39 MOBS RAINBOW/INITIAL STUDYIMITIGATED NEGATIVE DECLARATION Less Than Significant Potenlially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XI. NOISE. would the project result in: a) Exposure of persons to or generalion of noise levels in excess of standards established in the ❑ ❑ local general plan or noise ordinance or of applicable standards of other agent es2 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels2 c) A substantial permanent increase in ambient noise evels in the project vicinity above levels existing ❑ ❑ 21 ❑ 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 use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or El 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 fulure roadways, railroads, airerofts 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 that 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 East Palm Canyon Drive will be within a 65 Clio CNEL contour. This area includes Buildings 1, 1A, 4 and 4A. The following mitigation measures (as recommended by B(dgeNeif International) will be implemented to lower ambienl noise levels a level less than significant. The sludy also found that interior 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 than significant. Mitigation Measures MM XI-I 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. Rainbow Vision, Initial Study October 2007 40 000100 RAIN BOWVISION/INITIAL SI'(JDY/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 Material 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. The implementation of Mitigation Measures MM XI-1 through MM XI-3 will ensure that all residents of and users of the project will not be expose to noise levels that exceed the stondards of the City's General Plan. Therefore, the impact will be lowered to a level less than significant. b) Less Than Significant With Mitigation. The project is located near EasI 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 Palm Canyon Drive will be mitigated through Mitigation Measures MMXI-1 through MMXI-3. Temporary groundborne noise impacls 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 amounls of groundborne vibrations or noises. Therefore, groundborne noise impacts will be mitigated to a level less than significant. 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. Residential 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 store borders the site to the south. Residential units are considered sensitive receplors. Impacts to 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. Rainbo wVision, Initial Study October 2007 41 000101 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Miti_gatipn_Measures 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 sensilive time periods. MM XI-5 All perimeter walls and barriers shalt be installed immediately following precise grading of the site, if not sooner. MM XI-6 All construction equipmenl, 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 for away from existing residential units as possible. MM XI-9 Parking, refueling and servicing operations for all heavy equipmenl and on-site construction vehicles shall be located in the northeastern portion of the property, as for away from existing residential units as possible. MM XI-10 Slationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. e,f) No 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-flighl zones for the Palm Springs Airport facility. Therefore, no impact would occur. RainbowVision, Initial Study October 2007 42 000102 RAI NBOWVISIONII N ITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact MI. 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 El roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) Less Than Signiticanf. 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 subslontial increase to the population. 2.1 pph has been utilized as it is the lGf@4 eslimate provided in the City's Dra# General Plan (2007). The project is consistent with its land use designation. Therefore, a less Phan significant impact would occur. b,c) No Impact. The existing project site is an undeveloped, vacant piece of land surrounded primarily by exisling 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 060103 RAINBOW/INITIAL STUDY/MITIGATE4 NEGATIVE DECLARATION Levy Than Significant Potentially With Less Than Significant Mitigation Significant Impacl Incorporated Impact No Impact ni. PUBLIC SERVICES. Would the projecl result in substantial adverse physical impacts associated with the provision of new or physically allered 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 objeclives for any of the following public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® ❑ c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ El ® ❑ a) Less Than Significant Impact. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection, ambulance, library, cultural services and other safety services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 at seq, or other appropriate statutory or municipal authority. The applicant shall agree to support the formalion 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 unitl in the district.Therefore, o 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 Assessment District to provide additional funding 10 the Police Department. The project was reviewed by the Police Department and no conditions of approval were recommended. Therefore, impacts to police protection are considered less than significant. c) Less than Significant Impact. The project site is located within the Palm Springs School Unified District. The addition of 784 dwelling units for retirement resort community would not significantly increase demand for schools by generating additional students. Based 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 Io 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 [hot payments of fees provide full and complete school facilities mitigation. The projecl 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 Palm Springs Department of Parks and Recreation service area. State law requires each new RainbowVisian, Initial Study October 2007 44 000104 RAIN BOWVI SION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION residenliol development to dedicate land for park facililies or pay on in-lieu fee to cover the cosl of acquiring park land elsewhere. The City uses a dedication formula of 5-acres per 1,000 persons. The proposed project would add 184 residential condominium units for relirement resort community and generate approximately 391 residents. The amount of populaiion generated by the project does not reach the 1,000-per5on 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 .^ 000105 RAIN80W/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact xiv. 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 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. eased 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 equivoleni io 5.0 ogres per 1,000 population (386/1,0001 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 are 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 Io the solisfaclion of the Palm Springs Parks and Recreation Deporiment. Therefore, no expansion or consiruclion of recreation facilities would be expected. RainbowVision, Initial Study October 2007 t't �+ 46 000106 RAINBOWVISION/INITIAL STUDY/MITICA-rED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Xv. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ increase in either the number of vehicle trips, the volume-to-capacity, (VIC) ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county El ® ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El ❑ ® ❑ intersections) or incompatible uses' (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ® ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ® ❑ 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 site 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 intersections 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 to a Level of Service D. which will require mitigation. In 2008, the unsignolized main site access intersection on Matthew Drive will operate at acceptable levels of service on all approaches (LOS B or better) with the proposed sile access improvements. Endo Engineering describes the improvements at the main site access and Matthew Drive to include a single exit lane with two enlry lanes and a STOP sign controlling the southbound approach io Matlhew Drive. In 2025, both intersections will operate at acceptable levels of service provided that the proposed improvemenis and a STOP sign is installed on the minor street approach to RainbowVision, Initial Study October 2007 47 . . 000107 RAINBOW/INITIAL STUDYIMITICATED NEGATIVE DECLARATION control exiting site traffic at the site access proposed at Matthew Drive and on Linden Way (Endo Engineering, revised May 2007). Mitigation Measures MM XV-1 The project developer/applicant shall dedicale 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 feel of right-of-way must be dedicated to provide a 50-foot wide half-streel righl-of-way required by the General Plan. Addilionol right-of-way must be dedicated to accommodate the additional eastbound left- turn lane. In conjunction with the project, the south face of curb shall be relocated along East Palm Canyon Drive to facilitate the additional eastbound lert-lurn lane. A 12-foot wide colored concrete combination sidewalk/bicycle path shall be constructed behind the curb; Matthew Drive: vacate eleven feet 10 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 streel righl- 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 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 lhoroughfore 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 ❑ minimum of 100 feel of stacking depth to accommodate peak queues 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 [he main site entry at Matthew 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 accommodate peak queues RainbowVision, Initial Study October 2007 p 48 �QO100 RAINBOWVISION/INITIAI,STUDY/MITIGATED NEGATIVE DECLARATION entering and leaving the site as well as an area for molorisis who enter inadvertently to turn around. A decorative slreel 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. 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 East Palm Canyon Drive will require mitigation to meet the City of Palm Springs minimum intersection performance standard (LOS D) in the peak hours (Endo Engineering-Revised May 2007). The Endo Engineering Traffic Impact Study concludes that no polenlial traffic conflicts with driveways on the south side or Mallhew Drive are anlicipoled and the irafric Ihat could be generated by adjacent approved residential project was not included in the cumulative impacts analysis of the study. To ensure that the street system in the surrounding area is sufficient, the following mitigation measures will be implemented to reduce impacts to a level less than significant. Mitigation Measures MM XV-le 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 intersection or Gene Aulry Trail and East Palm Canyon Drive is a Congestion Management Program (CMP) interseclion, no fair-share payment will be required for the future southbound right-turn lone 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, RainbowVision, Initial Study October 2007 49 . 000109 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Although ordinarily no fair-share payment would be required for the future eastbound left-turn lone on East Palm Canyon Drive al Gene Autry Trail, and that TUMF Pees would provide the funding for the design and construction of the future eastbound left-turn 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 ullimotc configuration of lanes at this intersection now in conjunction wilh development of the project site. Additional right-of-way must be dedicaled (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-lurn 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 consirucled 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 not occur because of a design feature, the following Mitigation measures will be implemented to reduce impacts to a level less ihan significant. Mitigation Measures MM-XV-12 To insure compliance with City access and design siondards, 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 preparalion 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-silt 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 slacking space to avoid internal and external Iraffic conflicts. e) No impact_ The project shall have appropriate emergency access as determined by the City. Therefore, no impact would occur. i) 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 communily. The proposed project spa/salon, fitness, dining, Iheoter, 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 OO ��Ail9 RAINBOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION proposed project will provide adequate parking to reduce impacts to a level less than significant. Mitigation Measures MM XV-15 Per the parking standards and regulalions set forth in Zoning Code Seclion 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 Irucks; on residents. g) Less Than Significant. The proposed project is located along a major roadway (East Palm Canyon Drive) that may require development of local bus transit facilities. The SunLine Transit Agency provides public transportation through the Suneus Transit Service. Line 1 11 is a major trunk line Ihot travels 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 111 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 Governmenis Non-Motorized Transportation Plan (October 2001) identifies existing and proposed non-motorized facilities within the project vicinity, such as bikeway routes. These alternative transportation systems may be accommodated wilhin the street improvement plans along East Palm Canyon Drive. The following mitigation measures will be implemented to reduce impacts to a level less than significant. Mitigation Measures MM XV-17 The project developer/applicant shall coordinate with SunLine Transit Agency regarding required public lransil facilities on and adjacent io the project site. Any required public transit facilities (including bus stops, turn-ouls, bus shelters and furniture, or other miscellaneous public transit improvements) shall be furnished, constructed and installed in conjunction with construclion of the associated street improvements. MIA XV-18 The project developer/applicant will comply wilh City requirements regarding the master planned bikeway adjacent to the site along East Palm Canyon Drive. RainbowVision, Initial Study October 2007 51 000111 RAINBOWANITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than W 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 El El Elexisting facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ® Elfacilities, the construction of which could cause significant environmental effecLs? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ® ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider 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, state and local statutes and El ❑ ® El related to solid waste? a) Less than Significant Impact. Wastewater generated by project residents would be treated by facilities owned and operated by the City of Palm Springs. The wastewater treatment requirements, issued by the California RWQCB for the treatment plant, were developed to ensure lhol adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area. The waslewoler from the project site will not cause the treatment plant to exceed these treatment requirements as indicated in the Sewer Will Serve letter provided by the City of Palm Springs (January 8, 2007). Impocls will be less than significant. b) Less Than Significant Impact. The project would receive water service from Desert Water Agency (DWA) and waslewater 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 wasiewoter treatment plant. No new treatment facilities would be required in association wilh the proposed project. Therefore, impacts associated with expansion of water and wastewater facilities ore considered less than significant. e) Less Than Significant Impact. The proposed project would increase run-off in the area, which has the potential to flood. Construction activities con 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 RainbowVisiae, Initial S(ady October 2007 52 0001112 RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Water Discharges Associated wilh Construction Activity. New storm water facilities are proposed to properly convey off-site drainage through the site. The project includes retention basins to prevenl 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 part of an approved MDP. Impacts will be less than significant. d) Less than Significant Impact. According to the Palm Springs General Plan Final EIR, DWA has indicated, "there is a sufficient supply of waler to serve the City of Palm Springs and the portions of the Cily's sphere of influence serviced by the agency at buildout" (Palm Springs 1993). The project would add 184 residential condominium units requiring provision of water service. DWA has indicaled in its Will Serve letter that they are able to service the project. Because the dwelling units are within the density indicaled 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 Ireatment 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 Cily's sewer system. Wastewater treatment capacity is adequate to serve the project and the existing community. Therefore, impacts to wastewater treatment are considered less than significant. f) Less Than Significant Impact. Solid waste generated by the projecl 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 Station has the capacity to accept up to 2,600 tons of waste per day. According to most recent data available from the California Integrated Waste Management 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 Edam Hill Transfer Station or the Badlands Landfill. Therefore, impacts io 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 Station. The proposed project would be required to comply with State of California Waste Management Act (AB 939) by providing a recycling program implemented 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 relalive to complying wish federal, state and local statues are considered less than significant. RainbowVision, Initial Study October 2007 53 QOQ�.Y� RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact xvu. 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 ® ❑ ❑ considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ 23 ❑ ❑ beings, either directly or indirectly? a) Less Than Significant With Mitigation. Based upon the information provided in this Initial Study, approval and implementation 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 implementation 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 Inilial 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 potential impacts to levels below significant [see discussions in lll(b) through (d), IV(a), V(b), VI (a.iii) and (d), VII(a) and (d), VIII(g) through (i), XI(a) through (B) and (d), and XV(a) above, incorporated by reference herein]. C) LESS THAN SIGNIFICANT WITH MITIGATION. Based upon the Information provided within this Initial Study, approval and implementation of the proposed project could contribute to environmental effect that could cause adverse effects on humans. However, required mitigation measures would reduce the potential impacts to levels below significant (see discussions in III(b) through (d), VI (a.iii) and (d), VII(a) and (d), VIII(g) through (1), XI(a) through (B) and (d), and XV(a above, incorporated by reference herein]. RainbowVision, lnWaf Study October 2007 54 ®00114 RAIN BOWVISION/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES "Comments on the November 28, 2007 circulation of the Notice of Intent are included in Appendix A- I BridgeNet International. Exterior Noise Analysis for Residential/Assisted Living/Support Center. November 15, 2006 2) City of Palm Springs. City of Palm Springs General 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. Cily of Palm Springs Zoning Code. 2004. 6) City of Palm Springs. Sewer Will Serve. January 8, 2007. 7) CRM Tech. Historical/Archaeologicai Resources Survey Report. 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 Impacl Study. Revised May 2007. 12) Exponenl, Inc. Flood Hazard Analysis for Proposed Rainbow Vision Development. December 2D06 13) Exponent, Inc. Flood Hazard Analysis for Proposed Rainbow Vision Developmenl. 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-Contaminated Soil. November 18, 20D5. 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. Offsile 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 0001115 RAINBOW/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 20) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993. 21) Stantec Consulting, Inc. Hydrology Report for RainbowVision California, LLC. October 200b. RainbowVision, Initial Study October 2007 56 000116 RAIN QOWVISION/I NITIAL STUDYWITICATEDN NE GATIVE E DECLARATION APPENDIX A PUBLIC COMMENTS NOTICE OF INTENT-- November 28, 2007 RainbowVision, Initial Study October 2007 57 0001117 WARREN D.WILLIAMS 1995 MARKET STREET General Manager-Chief Enginccr RIVERSIDE,CA.92501 951-955.1200 -7 88,9965 FAX 951.7 88.9965 www.tloodcontrol.co.riversi de.ca.us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 19,2007 Emailed This Date To: fred.lowndes alms rin s-ca. ov Mr.Fred Lowndes,Associate Planner City of Palm Springs 3200 East Tahquitz Way Palm Springs, CA 92262 Dear Mr.Lowndes: 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 comer 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(IS): 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 FEMA 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 100-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 951.955.1233. \Veryy truly yours, TERESA TUNG Senior Civil Engineer c: TLMA 000118 Attn: David Mares p; Mike Wong RECEIVEEA JDS:mcv iluV 2 12007 P8\116962 AGUA CALIENTE BAND OF CAHUILLA INDIAM TRIBAL. PLANNING a DEVELOPMENT 40 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. 1 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, ,�-S ra Lopez Associate Planner RECEIVED AGUA CALIENTE BAND OF CAHUILLA INDIANS DEC 12 2907 C: File Copy WN&GSERVICEs 000119 777 EASY TAHgUITZ CANYON WAY, SUITE $01 , PALM SPRINGS, CA 92262 T 760/325/3400 F 760/325/6952 AGUACALIENTE-ORG 12417/20g7 16:59 FAX 7604315902 US FISH AND WILDLIFE _ U 002 T Op tw_v� 1"�tln�61i�c6 United States Department of the interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad,California 92011 ' Reply Refer To: FW S-ERN-08B 0012/09TA0201 Mr.Fred Lowndes DEC 17 2007 City of Palm Springs 3200 Fast Tahquitz Canyon Way Palm Springs, California 92262 Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the RainbowVision Resort Retirement Community Project Dear Mr. Lowndes: The Fish and Wildlife Service (Service)has reviewed the Notice of Intent(NOI)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 rare, 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 1 not addressed in the NOI. The site is potentially occupied by the Casey's June beetle (Dinacoma g caseyi). Although such occupancy has not been documented for the site, a portion of the site has the appropriate soils (CdC series), and the site is within 0.5 miles of a known higb-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 observed during surveys. Considering the similarities betwccn 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- Month 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 CVMSHCP does not address this species, so fees paid to 0 meet Lbe regturements 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. DECEIVED Iry M R1 # - DEC IF., Ndt PLANNINGSERVICES 12/17/2007 16:59 FAX 7604315902 US FISH AND WILDLIFE Iaj d09 i Mr.Fred Lowndes,City of Palm Springs 2 We appreciate the opportunity to review and provide comments on the NOI 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 June beetle, Sincerely, C1� Therese O'Rourke Assistant Field Supervisor cc: Kim Nicol, California Department of Fish and Game Margaret Park,Agua 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 Beetle(Dinaeoma caseyi) as Endangered With Critical Habitat. Federal Register: July 5, 2007 (Volume 72,Number 128,Pages 3 663 5-3 6646). Q0 5.1135 PD334, TTM 35623,RainbowVhdon Palm Springs Southwest Corner of East Palm Canyon Drive and Matthew Drive February 6, 2008 MITIGATION MONITORING Au\D REPORTING PROGRAM MONITORING 1 MITIGATION MEASURE RESPONSIBLE REPORTING ENTITY IMPLEMENTATION PARTY STAGE Air Quality III-1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal ProjecLProponent Engineering Department During Grading and Code) requires a Dust Control plan which shall be submitted to the City Construction Engineer for approval and Fxhicli shall include but not be limited to the following: A. Adequate v;atering techniques shall be employed to partially mitigate the impact of construction generated dust pariicnlmes. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be fanned on the ground surface and (lien watered again at the end of the day. B. The wheels and the lower portions of transport trucks shall be sprayed with eater 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 wale[ these plants shall be installed as soon as possible to maintain(lie ground cover and minimize blowsand. D. Grading activity shall be suspended when local winds exceed 25 miles per hour and during the Firs(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-teen stabilization plan shall be included in the plan for after hours and weekends. The applicant shall for-wand the plan to the Southern Califomia.Air Quality Management District (SCAQMD) alter approval. III-2 The project proponent shall notify the City and SCAQIvID 24 hours prior to the ProjecLProponent Engineering Depar[mem 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 ProjecLProponent Engineering Department Prior to Completion of moving activities. Ground Disturbing Activities III-4 Construction signage in conformance with City standards shall be posted on ProjecLProponent Engineering Department During Grading and Tram Way. San Marcos 'Jay and North Palm Canyon Drive regarding the Construction reporting of blowing dust on(lie site. III-5 Earth moving operations shall include a water application system while earth Project Proponent Building Department During Grading and moving is active. Constuctiann p III.6 Construction equipment shall be properly maintained and serviced to minimize Project Proponent Building Department During Grading and p exhaust emissions. Construction p III-7 Any construction access roads shall be paved and cleaned afier each work day. Project Proponent Building Department During Grading and 5.1135 PD334,TTttiT 35623 1 �7 February G, 2008 CV The maaimurn vehicle speed on any impaved road surfaces shall be limited to Construction I5 mph. Maximum speed limited shall be conspicuously posted on unpaved roads. 11I-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, lore emission building materials such as pre-primed and sanded Project Proponent Budding Department f Prior Co Issuance of Building wood molding and trim products and pre-primed wallboard sliall be considered ` Pennils For construction materials. Plans submitted For building permits shall indicate where such materials will be utilized. III-10 Building construction on-site shall comply with the energy use guidelines in Project Proponent Building Department I Prior to Issuance of Building Title 24 of(lie California Administrative Code. Permits III-11 As a condition of approval, the project proponent sliall comply with City Project Proponent Engineering Department Prior to Issuance of Grading requirements regarding the master planned bikeFvay on East Palm Canyon Permits abutting the site. III-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 III-13 Construction operations affecting off-site roadways shall be scheduled fo3 off- Project Proponent Engineering Department During Grading and peak traffic hours. Constriction Moto gical Resources IV-1 Do not plant wildlife-poisoning oleander plants within tine 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 Protect Proponent Planning Department Prior to issuance oFBuildmg 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 Project Proponent Planning Department Prior to Issuance of Building Valley Floor Conservation Area mitigation fee to tine Agua Caliente Band of Permits Cahuilla Indians. Cultural Resources V-1 If buried cultural materials are discovered during any earih-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 (lie finds. V-2 A(n) Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Project Proponen( Building Department During Grading and Tribal Historic Preservation Office shall be present during any survey andlor Construction ground disturbing ac[Mlies. V-3 Should cultural resources be encountered during site construction in any portion Project Proponent Planning Department During Grading and of the site, Fmork sliall immediately cease and a qualified archaeologist shall be Construction 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 O Indians and (lie City, and sliall be, resolved to their satisfaction. O V-4 Copies of any cultural resouices documentation generated in connection with Project Proponent Planning Deparment During Grading and O l"! 5.1135 PD334,T-'ttiT 35623 2 February 6, 2008 NIP this project shall be given to the Agua Caliente Band of Cahuilla Indians for Construction inclusion into the Agua Caliente Cuhural Register. Geolozy and Soils VI-1 Recompactionof native suits shall occur in all building areas. + Project Proponent Building Department During Grading and Constnuction t VI-2 Existing surface soils shall be ovet-excavated (o a minimum 4 feet below Project Proponent Building Department During Grading and existing grade or a minimum of 3 feet below the fooling level (whiclievei is Construction lower). VI-3 Existing surface soils shall be over-excavated to a nmurnum 5 feet beyond Project Proponent Building Department During Grading and exterior footings. I ConStnlelion 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 as Construction additional of 1 fool. VI-5 BaSetlleaL foundation areas shall be over-excavated to a minimum of 2 Feel Pmjec(Proponent Building Department During Grading and below the fooling level. Construction VI-6 The lateral extent of the basement sub-grade preparation shall extend For a Prolecl Proponent Building Department During Grading and minimum of 2 feet beyond the outer edge of exterior fooling. Construction VI-7 Native soil utilized as engineered fill shall be free of deleterious and organic Project Proponent Building Department During Grading and matter and free of rocks larger than 6 inches. Construction VI-8 Imported fill materials shall be non-expansive, granular soils meeting 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 impelling soil to Project Proponent Building Departimcnt allow for evaluation of imported materials. Approval by (lie Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources. Hazards and Hazardous Waste VII-1 The hydrocarbon-contaminated material shall be removed from the site and Project Proponent Planning Department Prior to Issuance of Grading disposed of front the site at a licensed waste handling Facility. A copy of(lie Permits appropriate disposal receipt shall be provided to (lie Planning Services Department of(lie City. Hydrology and Water Quafity VIII-I Prior to approval of a grading plan, time project proponent shall submit to (lie Project Proponent Engineering Department Prior to Issuance of Grading City Engineer for review and approval a hydrology study determining the Pennits volume of increased stornmrater runoff due to development of the site, and determining required stonnwaler runoff mitigation measures For (lie proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system] shall be included to the design of Elie site as required by(lie City Engineer. VIII-2 (Ahernalive 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 representing a fair share percentage of the construction cost of the Line 41 O system, as approved by Eire City Engineer. Approval by the City Engineer of 5.1135 PD334,TTM 35623 3 February 6, 2008 tV sd� grading and improvement plans of the project site and issuance of building permits and certificates of occupancy, facilitating development within (lie 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 construe( 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 plash and cons(nictron of improvements located within the 100-year SFHA floodplain, the project proponent shall obtain a Conditional Letter of Map Recision (CLOMR) from [lie 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-1 A 5 foot 6 inch sound barrier shall be constructed to protect residents within Project Proponent Building Department Prior to Issuance ofBuilduhg 1 Buildings 1, IA, 4 and 4A Cram excessive exterior noise emitting frorn East Permits Palm Canyon Drive. Noise baniers may be constructed around the perimeter of the property or in conjunction wide individual units. XI-2 Ali barriers shall be solid From top-to-bot(onh. Tire following matenals may be Projec(Proponen( Building Department Prior(o Issuance of Budding used for the construction of(Iris barrier: Permits -Wood Studs with Stucco Exterior *318 inch plate glass '5/8 inch Plexiglass i •Any Masonry Mated al The preceding materials may be used in any combination. Other materials may be used that are rated 35 pounds per square foot surface weight or greater. Barrier consirtic(ion and materials used shall be in conforrnance with all applicable local laws and development standards and are subject to the approval of[lie City Planning Commission. XI-3 Prior to issuance of building permits, an interior noise analysis will be required Project Proponent Planning Department Prior to Issuance of Building for development along East Paine Canyon Drive. Permits XI4 Construction activities shall be limited to between 7:00 a.m. and 8:00 p.m.. as Project Proponent Code Enforcement During Grading and specified by the Pahn Springs Noise Ordinance (11.74.041), to reduce noise Construction impacts during more sensitive t¢ne periods. XI-5 All dingperimeter walls and barriers shall be installed immediately following precise Project Proponent Building Department During Grading and gra oFlhe site, ifna[ sooner. Construction q O 5.1135 PD334, TTM 35623 4 February 6,2008 to 01 XI-6 All construction equipment, £Lied or mobile, shall be equipped with properly PrcjccLProponent Code Enforcement During Grading and operating and maintained mufflers and the engines shall 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 prop erstate of Lune to reduce backfires. Construction XI-8 Stockpiling and vehicle staging areas shall be located in die northeastern portion Project Proponent Building Department During Grading and of(lie property, as far away from existing residential units as possible. I Construction XI-4 Parking, refueling and servicing operations For all heavy equipment and on-site Project Proponent Building Department I During Grading and construction vehicles shall be located in the northeastern portion of the property, 1!E Construction as faraway from existing residential units as possible. XI-I0 Stationary equipment shall be placed such that emitted noise is directed away Project Proponent Building Department During Grading and from noise sensitive receptors. Construction Trans urtation/Traffte XV-1 The project developerlapplicant shall dedicate public rights-of-way in Project Proponent Engineering Department Prtot to Issuance ofGradung accordance with rite City of Paint Springs General Plan for adjacent General Pennits Planroadways as follows: East Palm Canyon Drive: Ten Feet of right-of-way must be dedicated to provide a 50-Foot wide half-sticel right-of way required by the General Plan. Additional right-of-way musL be dedicated to accommodate rite additional eastbound left- turn lane. In conjunction with the project, the south Face of curb shall be relocated along East Pahn Canyon Drive to facilitate die additional eastbound left-turn have. A 12-foot wide colored concrete combination sidewalkfbtcycle path shall be constructed behind the curb: Matthew Drive: vacate eleven feet to provide the 33-Fool half sleet right-of- way required by the General Plat; and Linden Way Drive: 19 Feet can be vacated to provide the 25-fool half street right-of-way required by tine General Plan. XV-2 All required off rile public and on-site private sheets shall be designed in Project Proponent Engineering Department Prior to Issuance of Grading accordance with City of Palm Springs design standards, as required by [lie City Permits Engineer. XV-3 The project developerlapplicant shall submit street improvements plans for Project Proponent Engineering Department Prior to Issuance of Grading construction of required streets, to the Paint Springs City Engineer for review Pennits and approval. XV-4 Tile project developer/applicant shall be responsible for 100 percent of die cost Project Proponent Engineering Department Prior to Issuance of Grading for construction of public street improvements (consisting of pavement Pennits widening, curb and gutter, sidewalks, and landscaped median island) which shall be consructed in conjunction with approved phasing plans for p development and/or associated with an approved Final Map as follows: C7 East Palm Canyon Drive: ultimate major thoroughfare street improvements as N approved by the Pahn Springs City Engineer; Cn 5.1135 PD334, TTM 35623 5 February 6, 2008 ivfattlnew Drive (between Linden Way and Gene Autry Trail): industrial minor collector street improvements, as approved by Palm Springs City Engineer; and Linden Way (between Maldiew Drive and the East 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 drive with a Piojec[Proponen( Engineering Department Prior to Issuance of Grading 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 slieet light shall be provided at the main site entry at Mal(hcw 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 Pennits 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 rghl-of-way shown by Permits the City of Pahn Springs General Plan Street Plan and provide building setbacks and half-street improvements in accordance wuh City requirements. XV-S 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 mare than 100 persons,, the project Piolcct Proponent Engineering Department applicant shall comply with die provisions of the Palm Springs Traffic Demand j Management(TDM) Ordinance XV-10 The project developer/applicant shall pay Traffic Uniforn Mitigation Fees Project Proponent Engineering Departincnl Prior to Issuance of Grading (TU;t•IF) prior to issuance of building permits. Pennits XV-11 Although many improvements to die intersection of Gene Autry Trail and East Project Proponent Engineering Department Prior to Issuance of Grading Pahn Canyon Drive may be funded by the TUMF program, (lie project applicant Pennits will be required to conlribu(e 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 (lie intersection of Gene Autry Trail and East Palm Canyon Drive is a Congestion Management Program (CMP) intersection, no fair-share payment will he required for the fitturc southbound rghl-turn lane on Geue All Trail at East Palm Canyon Drive. TUit•SF fees will provide (he funding for the design and construction of the future southbound right-turn ]one on Gene Autry Trail at East Pahn 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. 5.1135 PD334, TT114 35623 6 February 6,2008 Although ordinarily no fair-sliare payment would be required for the future eastbound left-turn lane on East Palm Canyon Drive at Gene Au(ry Trail, and that TUMF fees would provide the funding for the design and construction of (lie future eastbound left-turn lane on East Palm Canyon Drive at Gene Autry Trail, in order to facilitate cotrs(ruction 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 (Eris intersection now in conjunction with development of the project site. Additional right-of-way muss 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 conlunctton with (Iris project to accommodate the additional eastbound lefFtuin lane discussed in the Traffic Impact Study by Endo Engineering, revised May 2007. In conjunction with (his project, the south face of curb shall be relocated along (lie East Palm Canyon Drive frontage to facilitate the additional eas(bound left-tum lane. A 12-fool wide colored concrete combination sidemaWbicycfe path shall be constricted behind the curb. j XV-12 To insure compliance with City access and design standards, (lie final building Project Proponent Engineering Department Prior to Issuance of Grad mg and parking layout and site access design shall be subject to the levier• and Permts approval of Citv Traffic Engineer as part of the development review process. XV-13 Site distance at bo(h 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 filial site grading plans, landscape plans and street improvement plans. XV-14 Since site access will be controlled, the design shall incorporate service and Project proponent Engineering Department Prior to Issuance of Building emergency access, on-site turn-around, relevant signing, or other sinular Permits features as required by the planning conuuission, 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 Cade Section Project Proponent Engineering Department Prior to Issuance of Grad mg 93.06.00,off street parking shall be provided to serve employees, residents, and Pennits 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 i area drainage, landscaping, and lighting. _ XV-16 I Off-street loading spacelfacililies 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 developerlapplican( shall coordinate with SunLhne Transit Agency Project Proponent Engineering Department j Prior to Issuance of Grading regarding required public transit facilities on and adjacent to (he project site i Permits Any required public transit facilities (including bus stops, turn-outs, bus shelters and himiture, or other miscellaneous public transit improvements) sliall be furnished, consructed and installed in conjunction with construction of (Ire IN associated street improvements. 5.1135 PD334,TTNI 35623 7 February 6,2008 XV-18 I The project devcioperlapplicaut will comply with City requirements regarding Project Proponent Engineering Department Prior to Issuance of Grading [lie master planned bikeway adjacent to die site along East Palm Canyon Drive. Penwts O G tea «5.1135 PD334, TTM 35623 8 February 6, 2008 LN THE CITY OF PALM SPRINGS, STATE OF CALiFORNIA TENTATIVE TRACT MAP NO, 35623 FOR. CONDOMINIUM PURPOSES A 3p DAIMT OF P.1P.CL[Y 30 A D 3- Kn.G A P0R310N pF YHE :OOIIIBAS; QU.L4ip[ f5Elf9]d, of OR :A, SO'fiil`EW A 30M. RRNGE GSSt Or UE SAN L•ERR.UN FO SIEFD�N, LEGEND ww or 0iv =E. sing of au c ru (� tl 5 , n45i25 EIMMMNG MC n RL 20M _ rtzkj ON ca Ile r.r... .4 ` p /.'/ / ` _ ~•- .... 9+ � l 'il ' :l .�3�JTl��m.�-ten 1 APN 6E7-M-038 (9.31 A.C.) __� \ _-1 T_• :I _ezo'.^.-y .. .r 3.97 A 0 A.C.)-Q39 �(3.47 n t _ ff CITY OF PALK SPRINGS, CAL]FORNLS `""" s!leer a„__°uNr, w. - -s TENTAT IVE TRACT hfAP N0. 35623 ]N i131: FEIjO, SC M T1i, RSr Q n ON \I G M I D ai RAgIgO%VV,9io-i \ PRL%l5PR-4GS \ \ € ? r r r { ' \ "\. PROPERTIES.IHC _ yc' Bglf tl2 ,S ) F 'E 'Wr%D Bl➢A Y f9:ft>;m 91L••rf.] - �� A,_P-.4 e.lS_ i 3 A-;-2 ME LKAK LkT L SITE PLAN S � mPU;I � AS-101 Fai - C+ \j GMID _e v RAIYBDIVVISION T a v�RRINBOYPhsION PRCPERTIPS,INC . i eaµ , cvfi ' owmv cwmx Rose Em F _ e &46 L t F '• _ —_�_�_____—.___.__ —____ __ —_ ___—__—_ —___ ____—,_— __ + SITE PLAN WfIHn'�£ i CALCULATIONS _ Q 1 ® AS-102 CV IN THE CITY OF PALE[ SPRINGS, STATE OF CALIFORNIA PRELIMINARY ROUGH GRADING PLAN ` RAINBOW VIS ON — SINGLE PHASE . SECTION A—A 1 wexar'_ryi-_ a'� .��,• ��' �� ie r" e -------- Al � � '`"�• �� � nr. ��:. �. - _ - ' +'�• II+ 1+; .; 'may- 9 _ \ -H43 :° ' +'1 • Fer eel`na n3e . ' 1 I' S \6 5 I :r I ¢ .A\ Lj I u I 1. W IRA ' „ :t-� -1 of •...- 1 till qp !d' iI _ �__ � T _ S it F_ o- -� _— ,�.\,-�_. r'Y �i ' 6`• /. , i v KU s 3 mc�5 �APN eaI—17o.m — z —�„_-....—,._ ar_;i* w Drava .�..,. ---------- --------- CITY OF PALES SPRINGS, CAUPORRIA = ENGMEMNC Iill;illiA RAINBOW VISION 1 PRELIMINARY GRADING PLAN s4 �3 S+: r i 1 L7Dm 61 - 1 fit TIT IT f " Yr LmO - ypi' •^ •m�rlx •� _.___..IL— 61 ff/ _ •'vl �� o u _ f a --- I � � as � --_ ----- �i�� '♦ "+cr s Om.a • fg Y -/-!- hq7 Z, O L o� �y 1 x z Ie riA IN Teieni^___ "J •" � � ''�I� n/a =/n m m r e � � m m 3 PRELIMINARY PLANTING PLAN PHASE 2 c lAc-° RAIN 1('N p H E � . rw/s .....Pnnwcs,' ma MOO sn�a7'�;39' 1 "x:s Fwsn � mar x, a.rz • m -°�a e C� � _ t � •° � i3O LFp� 4 Gr m m �m � m uu Y, • W / A mm _ a � E E,� •r !' f r � e /e -'i ,< `my ��' dal \m n 4 ^gym �®\\ \\ _ YY ➢® I �� �'.1' r _y � 3 l� ,y,+,f� e U\ [FM I>b 1, PRELIMINARY PLANTING PLAN PHASE 2RPAINBLM RM-ISIDN m• n E 9iSF71 P D DYiayas;F n , l',f5'FFSe"D9 F' il9•� '�fl :�' r o 0 §9@pl§ §I t a § 1 88 ��� ICI@I���I��1���I��II1i1E��lal .giI ,sE E@I@I I�g@y@I 1 pp 'pS pp Z�x •o mntE16 'd 1 3�gAo Ir , lls @91 iF F `9 R ml II I I §' OO 4q��n I 1 � @ q: S @fI @� ,SIB EI.I§@ �@�'I@'@E " ', �r 4 •' or �W Il 6 / Iii to III ' ,'i I�fi��l ' I 1p apnlSYl' 'p ' xe l�Ja��ls -.•nspduYnnhlY• IC'• I°nr•b1`] / ( m '� • eQmi e,r �I p I I. I:-.. I. Lw.a.lr... I�n neesixl ID / •P t � . 1' dm n'• ! ii F fFf RRF ' FIM, CRF,f FFFFIi F',IPMFFF RFFFSIFF'F �D 9,DDDD�JI � � ,' �r ' �'� , \ 1 i • ! 4 ♦ mp � e° mti CNC! mill frr rn n• n ° �P"�f"tr_A�r i m --` p- ° C'C�Ci�;� / r6! p n , � r I z m u Wmr r� QD f m a 7 b PRELIMINARY PLANTING PLAN PHASE 2yb@ RAINBOWASION @ � PALM BPRINCr� mn MtGM^ RAI:Ie OtVVisloil FI51 DY€II1',V� ! 1 `.._. vci n •• •••"•--•rs.i - PI.,MS NIBS _'. 1 RUNG01YVISICi1 v, .....a PROPERTIES BNI .��..,_,-D r0___.�� I I -•� I p I � —�.�lsY.�• >�n--�..�-OYT:c.�:—s—:'-'3ryras-4f ..�1'v f`—ac.��s—' :�rt0 _ `.n_-v f W CONDOMINIUM Nl BLI u DI ILEV G 1 � EXT.ELEVATIONS i A-201-1 I I GMID \(Du . A-0'a : PROPZRTIE-q INC rCO) �-- ._ . i cm ` ^ 2 � BUILDINGlA | mEXT ELEVATIONS ^ e,a 0 0 0 o u n � 0 z 11 - mll fl nTrT 11 P': �� rm� l 11 AIIli n 11 — 1��- n pi 119 ulun 1 lonln aI:1 RAINBOYMPSIOri I PRO.ERTIES,INC �J� � m-m u. 11 � si �� 11 � 1 li v J�11111��11 11 i 11 I Iml i 11 rrll�lo IeG11 �� 10 t11 v 6 .Old !!mn nu41 u n.. I� 01 um n p I any u u u u yop .� rr u .. FFHTF r O O O \/ GMID m HIM RAINDOWVIs loe ^' rr u._. r 1 •F vy PIGS [C Jam.---•3'�^T9 _- ,r_.,,,6 Q`'_•____._ — 'f (JIB IQ lDt —� RAINBOViViElwiINCPRGPcES,IHC -�7,-HHFFFFTI 3 I 3 v 1 _- � � s�H i o - © CONDDMINIUM i 9UI LNI NG EXT.ELEVATIONS f A-201-3 C r 3 n 4 �\\Y G MMID Wil ,.d.,. L-._ II Q l ! ______ _ __••_� ,ems _ � z�.sr o MU 5FP44GS ...e...�»Q:� FAST O p Y� r+.os.m.c. a• I � _ �.� y...... — ! —lu r O —+-=•y5 RhRleoYlVlsmP _._ ___-_-- -:�`i 4'-•• _ _ 0; 9 P,i'JPEttRIIES,RIC �tl n 3 w i mr I MIE 14 El rN9r``�!��__�� a, izsay �-_ =5' r ' _ o _ �•�—�:QQ�Ifl' ; - �' �rs rF .'. 1 Q '�" _ -�._yc.- o->tr�ni_ �____�x�-+,.r '6 CY, ��.,.- ->;nip__-0- _<..-,-`,-'a �• - -IJ_____��_iO_ ,� �..,�:s - . � + r6T n CONDOMINIUM2ulN nBUILDING4 ' EXT..ELEvATrEVAT[Oh15 J..i i A-201-4 , GMID f II I I l w. RAI Na o4VVI510•I .'ca.uc �.+av��,•yµ,i cnx� -0[-c �•—�.f.2�.e.1•RV"'I �i'l 1-1M�I �, �_�'� r1v�nEu _a. v ' v�w� ^ RAu1g oNVlslcl PROPERTIES.INC FAST I.� F` 9 b.T_.u---_�" �� i Immix,-Q "•� �'r _ J -- �•"�'S � r L Ltj II �. ,,•fi'�N'ITnc�i �N-441=� ti �' �I�r:.� �i i ! Ll ' y.._....•. II____'_O— ---I— ..•.,.'�h —CONDOMINIUM i F'J ` • =< BUILDING 4A Mw I1 EXT ELEVAYIONS Qr <........ G i A-20 f-4A CV KEY NO ES.0 \� G M I D c tn� Ca4z5 Y4 Clti S:] _ RAINBDAVVisiom c sa'sll r>re as[a..-.liu Asp'•:••'� �_vr u..x•o usrs li _� F PRIMS,i6G5 ii �.a..— f - :,1, 11 I .II � I 1.•pd•rid'§ �II 1 JI I�TFl1l yl, FlTrd ;{��{rffi• $RI UMVISIC:! r !f'IJ ! !I PROPERTIES,M Lo , r I i I - rmt n]i I — 'Jd�llHr - - 4tr GRAND CENTRAL P BBILRNG 1 EXT.ELEVATIONS A-201-GC r s �� GMID KEY NOTES.0 ,C VItt] RAINBOMi stow FOLV SPRMUS iHl0go 0il�'iII jl+ JI r�lllil�' i i -0 Le i-0 Lo 16 m PROPFIIES IINC FROPE3TIE5 IhC n —0 IIT I _ 5 3 —O C s -0 �lYI Ir ' i — — GRAND CENTRP.L a BUILDING i Y6T n EXT.ELEVATIONS A-202-GC CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 4) CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 6, 2008 Subject: RainbowVision — Case 5.1135 AFFIDAVIT OF MAILING 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before January 25, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (398 notices) I declare under penalty of perjury that the foregoing is true and correct. AL =& Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on January 26, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. �/�a Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before January 24, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary aOM5 NEIGHBORHOOD COALITION REPS Case 5.1135 PO 334 MR PETE MORUZZI &TTM 35623 MODCOM AND PALM SPRINGS MODERN COMMITTEE RainhowVision Resort Comm. HISTORIC SITE REP I I I PO BOX 4738 PHN for CC Meeting 02.06.08 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1135 PD 334 VERIFICATION NOTICE I 1 I ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W"SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS 11 1 I 1 1 777 E.TAHQUITZ CANYON WAY, #301 PALM SPRINGS CA 92264 MS JOY SILVER MR DAVID SACHA SPONSORS RAINBOW VISION PALM SPRINGS, LLC PERKINS&WILL 4001 OFFICE COURT DRIVE 10100 N. CENTRAL EXPRESSWAY SUITE 403 SUITE 300 SANTA FE, NM 87507 DALLAS,TX 75231 MR DALE ROSS RGA LANDSCAPE ARCHITECTS, INC. STANTEC CONSULTING, INC. 74020 ALESSANDRO DRIVE 73-733 FRED WARING DRIVE, STE, 100 SUITE E PALM DESERT,CA 92260 PALM DESERT, CA 92260 _ __ ___ MRS ANN WINCHESTER INTERESTED_PARTIE_S A I 1' 71817 SAHARA ROAD RANCHO MIRAGE, CA 92270 ��b Pin �j/' , C I. I' 681-150-002 681-152-007 581-152-002 Parker Palm Springs Di Parker James P Laumond J Lewis 118 W 57Th St 24Th 4861 S Winners Cir A 4881 S Winners Cir E New York, NY 10019-331a Palm Springs, CA 92264-3361 Palm Springs, Ca 92264-2952 681-152-003 681-152-004 681-152-005 Joseph M & V.J.Ctoria Mantalbano Jack & Jacquel.4ne Levinson George & Linda Peterson 4881 5 Winners Cir C 22882 VAa Cordova 1135 N Glendora Ave C Palm Springs, CA 92264-58i5 monarch Beach, CA 92629-5275 Glendora, CA 91741-1743 681-152-006 881-152-007 681-152-008 Creen David R Banks Navarra 409 Howland Canal 27 AIta Vis 464 Prospect Sc V103 Venice, CA 90291-4619 Rancho Mirage, CA 92270-2928 La Jolla, CA 92037-3747 681-152-009 681-152-010 681-152-011 Jerry W Howard Jahn W & Barbara Conrad Edwards 4837 S Winners Cir C 3435 Jasmine Crst 27068 La Paz Rd 258 Palm Springs, CA 92264-5876 Encinitas, CA 92024-7036 Aliso Viejo, CR 32656-5876 681-152-012 681-152-012 681-152-014 William R Rideout Marilyn A Smith Gary J Craig 4837 S Winners Cir F 3191 Somerset Dr 2429 Marbury Rd Palm Springs, CA 92264-5876 Lafayette, CA 94549-1884 Pittsburgh, PA 15221-3671 681-152-015 681-152-016 681-152-017 Nell V Halfon James A & Ber3ouhi Ghazil Harold D & Bonnie Duncan 7600 SE 29Th St 401 3028 Jamacha View Dr 3105 Calle Morelos Mercer Island, WA 98040-2839 D1 Cajon, CA 92019-5135 Palm Springs, CA 92264-6715 681-152-018 G81-1S2, 019 681-152-020 Stephen L & Marion Robinson Dolmas & Lauia Pattee Peter Macri 2671'i Grayslake Rd 54.18 Pine Glen Rd 129 Bull Path Rancho Palos , CA 90275-2241 La Crescenta, CA 91214-1422 E Hampton, NY 11937-1415 681-152-02: `A 681-152-022 681-152-023 Marlene ohnson �QI-� Van Hazewinkel F,ngland 47517 Winners Cir / _ 3197 Airport Loop Dr. D 27567 Pased Segovia P n Springs, CA 92264-1351 Costa Mesa, CA 52626-2115 92875-5877 881-152-024 681-1h2-025 681-152-026 Edward J Cunha David W & Dominique 7,arewski Julie J & V Gonzales 4230 Parva Ave 1888 Oak Knoll CL 552 Hastings Dr Los Angeles, CA 90027=1338 Lake Oswego, OR 97034-3734 GoleCa, CA 93117-1640 681-152-027 681-152-028 681-162-029 Mckim N Barnes Mark A Richard sandrin am 130 N Garland Ct 4504 4735 S Winnere Cir ➢ 4735 Winners CI.1: E Chicago, IL 60G02-4849 Palm Springs, CA 92264 5878 PPZSprings, CA 92264-5878 [ 5 . 1135 cn 681-152-030 681-152-031 681-152-032 Kevin A KeSter Sandringham Sandringham 4735 s Winners Cir F 300 Hillside Ave 300 Hillside Ave Palm Springs, CA 92264-5978 Piedmont, CA 94611-5963 Piedmont, CA 94611-5963 681-152-033 681-152-034 681-152-035 H & Gail Thompson Wallace W & Viola Peterson Carolyn E Lumher 3755 Milan St 2441 S Sird Le Way B 4735 NE Alameda St San Ai.ego, CA 92107-3711 Palm Springs, CA 92264-5963 Portland, OR 97213-4011 681-152-036 681-152-037 681-152-038 John R Cochran Lee$ Blyd.ie Way Realty 4511 E Sunny Dunes Rd A 2451 S Birdie Way A 35 Tremont St Palm Springs, CA 92264 .1553 Palm Springs, CA 92264 E962 Maynard, MA 01754-2420 681-152-039 681-152-04C 681-152-041 Marilyn A Smith Annette Giwoff Michael R ➢onkis 3191 Somerset Dr 2451 S Birdie Way D 7669 Rosewood Ave Lafayette, CA 94549-5962 Palm Springs, CA 92264-5962 Los Angeles, CA 90036-5962 G91-152-042 681-152-043 681-152-044 James E & Patsy Nelson 7oyce M Anderson Janet K Mandril PG Sox 99125 4788 S Winners Cir C $ Hillside Ave 801 Seattle, WA 98139-0125 Palm Springs, CA 92264-5879 Halt Lake Cit, UT 84103-4675 581-152-045 681-152-046 661-152-047 Stephen E White Norman V & Margaret Meyer Terry Hamilton 4788 S Winners Cir A 7019 47Th Ave SW 12 PO Box 3480 Palm Springs, CA 92264-5879 Seattle, WA 98136••l764 Dana Paint, CA 92629-8460 681-152-048 681-152-049 681-152-050 Prober Howard W Newsom James G Stathos 17555 Greenleaf St 4888 S winners Cir A 925 N 57h St Encino, CA 51316-3735 Palm Springs, CA 92264-5880 Grover Beach, CA 93433-1353 681-152-051 681-152-052 661-152-053 Kish & Patricia Sadhvani Charles F & Eleanor Miller John Tyler IS022 W Sunset Blvd 4888 S Winners Cir ➢ 4888 S Winners Cir E Pacific Pal", CA 90272-3718 Palm springs, CA 92264-3100 Palm Springs, CA 92264-5880 G81-152-054 881-170-001 681-170-021 Don R Baker Seminole Preservation Ltd Parti VOna Companies Inc 4888 S Winners Cxr, F 904 Manhattan Ave 7 1371 Oakland Blvd 200 Palm Springs, CA 92264-5880 Manhattan Sea, CA 9026G-5538 Walnut Creek, CA 94596-8408 681-170-026 681-170-040 681-170-046 Francisco J & Cheryl Grrutia Don S Chikasawa City OC Palm Springs 1950 Desert Palm Dr 73 Norma CC PO Box 2743 Palm Springs, CA 92262 Camarillo, CA 93010-2032 Palm Springs, CA 92263-2743 5 ] 1 35 G81-170-048 681-170-056 681-170-064 Don S Chikasawa Don S Chikasawa M J Playan 73 Norma Ct 73 Norma Ct 2870 N Andalucia Ct Camarillo, CA 93010-2032 Camarillo, CA 93010-2032 Palm Springs, CA 92264-9379 651-170-065 681-170-066 681-170-067 Matthew J & veggie nragicevich Matthew Drive Place Sharon Dean 4193 E Matthew Dr 5305 E 2Nd SC 204 7 Briarcliff Ct Palm Springs, CA 92264-5607 Long Beach, CA 90603-5339 Rancho Mirage, CA 92270-3150 — G81-171-001 681-171-002 681-171-003 5.Cent J Lusch Eva Tasarz Chien Feng 2601 S Broadmoor Dr PO Box 738 883 W Jane Ct Palm Springs, CA 92264-59G7 Palm Springs, CA 922G3-0738 Upland, CA 9178G-2244 601-171-004 681-171-005 681-171-006 Richard M & Julie Hoppe Emery A & Louanne Geiger Festus West 1227 N Kenwood St PO Box 1480 2601 S Broadmoor Dr 6 Burbank, CA 91505-2128 Lucerne Valle, CA 92356-1480 Palm Springs, CA 92264-5904 681-171-007 681-171-008 681-171-009 Charles B & Janet Fields John H Fleming *M* Irene Ross 98 Spring St 2601 S Broadmoor Dr 8 2601 S Eroadmoor Dr 9 Medford, MA 02155-4064 Palm Springs, CA 92264-5904 Palm Springs, CA 92264-5904 G81-171-01 681-1,71-01.1 681-171-012 Angel M uu egret PexCy A Breeden C J & I•I Feingold 2623 o,kont Cir 87.0 F,, Research Dr 5 G Woodbridge Ct Ch' 0 Hills, CA 91709-1195 Palm Springs, CA 92262-5945 Dove Canyon, CA 92679-2493 681-171-013 681-1/1-014 6ZDD Evaline R Diekemper Raymond Hernandez i, seph Mclaughiin 2601 S Broadmoor Dr 13 2601 S Eroadmoor TJr 1.1 2moor Dr 15 Palm Springs, _CA 92264:5904. Palm Springs, CA 92264-5904 P , CA 92264-5904 681-171-016 681-171-017 681-171-018 Corey Nash Peter Grenier Michael B & Darlene Rutberg 125 Crown Pt 15549 Eox 15 3136 Hemstead Ct Sanford, NC 27332-6618 Apo, Ap 56205 West Covina, CA 91791-3438 6Z10 681-171-020 681-171-021 Jes ingela 5idhu Ann Kleweno P 2601 S Eroadmoor Dr 20 2601 S Broadmoor Dr 21 M CA 90640-9311 Palm Springs, CA 92269-5908 Palm Springs, CA 92264-5908 8$1-l71-022 681-171-023 681-171- RaberC Weiss Douglas TOMSky Jahn atklns 2601 S Eroadmoor ➢r 22 21 W 216 Creaccnt Elv 260 S Broadmoor Dr 24 Palm Springs, CA 92264-5908 Clen Ellyn, IL 60J37 lm Springs, CA 92264-5906 6L,5 . 1135 681-171-02y 681-171-026 681-171-027 Dale A & Susan williams William Hatfield Scott A & Gina Lyle 67Q2 Chamois C.iz 2601 S Broadmoor Dr 26 2920 E Via Vaquero Rd Cypress, CA 90630-5703 Palm Springs, CA 92264-5908 Palm Springs, CA 92262-7942 6SI-171-026 661-171-Q29 681-171-030 .lean M Mcdonough - Wi,l].:iam & Shelby Ullom Elisa Lutes 73120 Desert Greens Dr N 11035 Candor. St 6242 E Twin Peak Cir Palm Desert, CA 92260-1185 Cerritos, CA 90703-6427 Anaheim, CA 92207-4851 - 581-171-031 681-171-032 681-171-083 Juan Caballero Peter A Crivello Paul Sanderson 26Q1 S Broadmoor Dr 31 PO Box 20S4 1819 sandcllff Rd Palm Springs, CA 92264-5908 Monterey, CA 93942-2aS4 Palm Springs, CA 92.264-4843 681-171-034 681-171-0 681-]71-036 Keith Sulesky Joan man .lames W & Bryan Anderson 20251 Bealpo.inl' Ln 20-1 149 Ilamilton Dr 2027 N Hoover St Huntington Be, CA 92646-8565 verly Hills, CA 90211-2234 Las Angeles, CA 90027-2818 681-171-017 681-171-038 621-171-039 Theon T & Jan. Ce Dalton Seymon & Agnes Emert Fume dames 322 Blue Cavern PC 6341 Innsdale Dr 255 N Elmelo 288 Long Beach, CA 30803-6813 Los Angeles, CA 90068-1623 Palm Springs, CA 92262 661-171-040 681-171-041 681-171-042 Leonard R & Rase Craig Theodore S & Darci Sidman Ola Fitzgerald 76815 Dulce Del Mar 5115 Nathan Loop $Q 2601 S Broadmoor Dr 42 La Quinta, CA 92253-2104 Auburn, WA 98092-8711 Palm Springs, CA 92264-5916 681-171-043 581-1.71-045 681-171-046 Richard H Williams Vl ginia II & Andrew Torres David Yrulillo 2919 E Mariquiza St 2601 S Broadmoor Dr 45 2601 S Broadmoor Dr 49 Long Beach, CA 90803.-5916 Palm Springs, CA 92264-5916 Palm Springs, CA 92264-5316 681 -17] -047 e81-Y71 048 681-171-049 Brooke Pxtone Leonard R & Rosc Craig Judy A Sgro PO Box 168 78815 Dulce Del Mar 2601 S Broadmoor Dr 49 Beverly Hills, CA 90213-0163 La Quinta, CA 92253-2104 Palm Springs, CA 92264-5917 681-171-Q50 681-171-031 681-171-a52 Howard Greer Kenneth A Schriinpf Albert & Sandra Kepler *E* 2601 S Broadmoor Dr 50 2601 S Broadmoor Dr 51 9410 Glory Ave Palm Springs, CA 92264-5917 Palm Springs, CA 92264-5917 Tujunga, CA 91042-8228 681-171-053 681-171-054 681-171-055 Margaret A Sitterson Fva K Stein Harold L & Marjorie Burbank 2602 5 Broadmoor Dr S3 456 Poplar Ln 4459 W 60Th St Palm Springs, CA 92254-5917 PaSt Meadow, NY 11554-2733 Los Angeles, CA 90043-3503 � o ih 0 681-171-056 661-171-057 681-171-058 Anthony J & Patricia ➢ivirgili, Lawrence E Walsh Peter S Danielson *M* 414 8Th St 2601 S Broadmoor Dr 57 4070 Kansas St 207 Huntington Pe, CA 92648-4629 Palm Spf.Lngs, CA 92264-5917 San Diego, CA 92106 681-171-059 681-171-0 681-17l-061 Stanton A & Cynthia Brown avid- Elaine Grear Glenn C & KBChryn Blue 19321 Winchester 1�n 260 S Broadmoor Dr 60 2601 S Broadmoor Dr 51 Yorba Linda, CA 92886-5842 lm 5p""gs, CA 92264-5917 Palm Springs, CA 92264-5917 - - 681-1%1-062 681-171-063 6,81-171-064 Martha Cordoba Dannie E & Donna Rowland Annette D Huvler 1061 1°ark Ave 212 210 Grand Ave 207 704 NE 228Ph Ave 209 Long Beach, CA 90804-43 !6 Long Beach, CA 90803-6102 Sammamish, WA 98074-7222 651-171-065 681-171-066 681-171-067 Mary A Williams Gregory O Holta Irene Motta *M* 2601 S Broadmoor Ar 65 2402 Cregon Dr PO Box 3758 Palm Springs, CA 92264-5919 Anchorage, AK 99517-2045 Manhattan Bea, CA 90266-1756 681-171-068 6$1-171-069 681-171-070 George E Ramos Julia C Donlon Joanne L Holmes 2601 S Broadmoor Dr 66 PC Sox 39340 2601 S Broadmoor Dr 70 Palm Spx:AngS, CA 92264-5919 Downey, CA 90239-0340 Palm Springs, CA 92264-5915 651-171-071 681-171-072 6a7,-171-073 Chien Feng William & Christin Verdugo Adam Thropay 663 W Jane Ct 2801 S Broadmoor Dr 72 6115 Dacosta St Upland, CA 91786-2244 Palm Springs, CA 92264-5919 Downey, CA 50240-3501 681-171-074 681-171-075 681-171-076 William T Ramey Isabel K Rosenthal Charles Dale 2601 S Broadmoor Dr 74 2601 S Broadmoor Dr 75 6842 Presidia Di Palm Springs, CA 92264-59L. ) Palm Springs, CA 92264-5919 Huntington Be, -CA 92646-3025 681-171-077 681-171-078 681-171-079 Cloverfield Prop John M MCbrayer Mark A Grocninger 518 14Th St 670 N Cone7o School Rd N 321-1/2 N Aveaaley Santa Monica, CA 90402-2928 Thousand Oaks, CA 91362-2660 1-os Angeles, CA 90036-2330 691-171-090 691-171-081 681-171-082 Robert M Rodrigucz John & Winona Pugliese Faye D Bandow 10441 Mohawk Ct 2448 W Valewood St 2601 5 Broadmoor Der 52 Cypress, CA 90630-4429 San Dimas, CA 91773-1039 Palm Springs, CA 92264-5922 691-171-022 691-171-024 -681-171-085 Eugcnc F L Rosemary Fagan BOgOljub 5 Mi Lrcvic Michele M Mayer 5750 Madrid Ln 447 Faiflee CL PO Box 10352 Long Beach, CA 9081.4-3221 Sugar GrovC, IL 60554-9235 Palm Desert, CA 92355-0352 35 681-]-71-086 681-17 J.-087 681-171-088 Frank E Snip Mohamad Shareef Mark Rosenberg 15435 Grand Ave 2601 S Broadmoor Dr 87 1613 Sandeliff Rd ➢ellflower, CA 90706-5033 Palm Springs, CA 92264-5922 Palm Springs, CA 92264-4843 681-7,71-0 691-171-090 Zemont, DavSd arker Mark J & Debb.we Frank 260 Broadmoor Dr 89 24945 Eaton Ln P m Springs, CA 92264-5922 Laguna Niguel, CA 92577-8875 68026-0168 681-171-092 681-370-001 681-370-002 Sfe Inc Elaine Karlow Adrian J Audette PO ➢ox 168 244 SW Idaho St 2477 E Mira Monte Cir Fremont, NE 68026-0168 Portland, OR 97239-2531 Palm Springs, CA 92262 5745 681-370-003 681-370-004 681-370-005 Diane K Waist Ted W Corwin Sheryl L Poe 2 S 4G2 Rte 59 2477 Miramonte Cir E D 11061 Esscx Dr Warrenville, IL 60555 Palm Springs, CA 92264-5745 Los Alamitos, CA 90720-2605 681-370-006 681-370-00'/ 651-370-008 Gerald C Figliuzzi Cydney C & Martin Goldberg Scott Rosenberg 2231 Avenida Platanar 969 Lyonn Ct 4729 Lemona Ave San Clemente, CA 92673-5632 Marietta, GA 30068 Sherman Oaks, CA 91403-2009 681-370-0 681-370-010 681-370-011 Joeeph Mary Megale Allan ➢ VanalSCyne Robert F & Kathleen Endres 2389 Mira Monte Cir C 2389 Miramonte Cir E D 220 N Broadway B P m Springs, CA 92262-5746 Palm Springs, CA 92264-5746 Redondo Beach, CA 90277-3165 G81-370-012 G81-370-013 681-370-014 Francis A Lamoniea William S F Ellamae ➢arfield Weyant & Weyant Ouinn 1721 Millbrook SC Se 3324 Senasac Ave 2124 Loma Alta or Grand Rapids, MZ 49508-2621 - Long $each, CA 90608-3826 Fullerton, CA 92833-1711 681-370-015 661-370-016 681-270-017 Lorraine & Debra Davis Wayne J Fields Paul J Mahoney PO Box 2932 23042 Stearns Cir 495 Camino Norce Newport Beach, CA 92659-0449 Lake Forest, CA 92630-4026 Palm Springs, CA 92262-4213 661-370-018 681-3110-019 681-370-020 Jeffrey M Shotwell Harold F & Kathryn castle James W Tucker 333 N Palm Canyon Dr 215 2 Azalea Ln 2353 Miramonte Cir E 3 Palm Springs, CA 92262-5685 Oakland, CA 94611-1402 Palm Springs, CA 92264-5748 6ai-370-021 681-370-022 681-370-023 John W Higgins 2udith 1,ynne J A L Linda Vari HOa:n 2353 E Mira Monte Cir C 2353 Mic'amoilte Cir E D 1134 TamarySk Rd Palm Springs, CA 92262-5742 Palm Springs, CA 92264-5748 Palm Springs, CA 922G2-5831 135 (-7D 681-370-024 681-370-025 681-370-026 Menusan MirhaC1 Afram Randolph S Quebec PO SOX 4110 772 N Malden Ave 5627 Santa Cruz Ave Palm Springs, CA 92263-4110 Fullerton, CA 92832-1233 Richmond, CA 94804-5542 681L370-027 681-370-028 681-370-031 James & Paula Kuvelas Susan G Etheridge Mary & M Avcxyt *M* 4610 Park Dr 2263 Mira Monte Cir D 4356 Donlon Rd Carlsbad, CA 92008-4243 Palm Springs, CA 92262-5726 Somis, CA 93066-9767 - 681-370-032 681-370-033 681-370-034 Spencer Howard David A & Jacqueline Kramer Michael U & Viola Oconnor 8424 Santa Monica Blv 702 4545 E Seven Lakes Ur C 378 W Colorado St Los Angeles, CA 90069 Palm Springs, CA 92264-5765 Arcadia, CA 91006 681-370-035 681-370-036 681-370-037 John & Roberta Karas Dale Rutherford Charles W Buckman 4545 E Seven Lakes Dr E 4314 288'Th St S 4493 Seven Lakes Dr A Palm Springs, CA 92264-5765 Roy, WA 98580-9745 Palm Springs, CA 92262-5763 681-370-038 681-370-039 681-370-040 Ralph E & Dorothy Rickards Robert H Snyder John Jordan 4493 S Seven Lakes Dr S 5685 W Beachfront I.n 9437 Calle Del Diablo Palm Springs, CA 97254-5763 Eo]se, 7D 83703-6245 osCt Hot Spri, CA 92240-1654 681-370-042 681-370-043 G81-370-044 Herbert C & Margaret Wetzel Anne Medlen 294 Elizabeth Realty Corp 4493 E Seven Lakes Dr F 18151 Tvorycrest Ln 3431 Circul.o San Sorrento Rd Palm Springs, CA 92264-5763 Huntington Be, CA 92618-1015 Palm Springs, CA 92262-1706 G91-370-045 681-370-046 681-370-047 Jahn W Kamer Marie R lmrie C.I,ay S Cunningham 215 S Williams Rd 2834 Knoxville Ave 4044 Park Vigta Dr Palm Springs, CA 92264-3472 Long Beach, CA 90815-1520 Pasadena, CA 51107-.1322 681-3 /0-048 681-370-051 681-370-052 Patricia & John Mccarron Thomas Leemon Frances P Barnecut 4455 Seven Lakes Dr F 2490 F Mira Monte E 8341 12Th Ave Nw Palm Springs, CA 92262-5771 Palm Springs, CA 92264 Seattle, WA 98117-3342 681-370-053 681-370-054 681-370-CS5 Paul D Ehrhardt David Aguerrebere Louis Conconi 3207 Sterling Rd 733. Pantera Dr 38677 Maracaibo Cir W Yardley, PA 19087-5448 Diamond Bar, CA 91765-1893 Palm Springs, CA 92264-0203 681-370-CS6 - 681-370-057 681-370-058 John F Carrigan Thomae & Joan Tash Frank E & Mary Jakutis 2352 Miramonte Ci,x W B 808 Grandview Ave 2252 W Mira Monte ClC D Palm Springs, CA 92264-5749 Pullertan, CA 92832-1114 Palm Sprarigs, CA 92262-5749 681-370-059 681-370-060 681-370-061 Wendell E & Mary Roberta Sema L Simshauser Jack E & Karen Bourdase 731 LOmica St 12736 Vanowen 8c 2360 Miramonte Cir W A E1 Segundo, CA 90245-3108 Reseda, CA 91335-5203 Palm Springs, CA 92254-5783 581-370-062 6a1-370-063 681-370-064 Robert J Swedo LOuiS & Kimberly Pagano William & Jess%e G1.1more 33751 Pine Ridge ➢r W 114a6 Sumac L.n 2331 Gardi Sr Fraser, MI 48026-5020 Camarillo, CA 93012-0857 Bradbury, CA 91008-1213 - 681-370-065 681-370-066 6a1-370-067 Mary Ridpath David L Hatt Donald A & Joanna Sutherland 2360 Miramonte Cir W E 2=157 Thaddeus Dr 105QL NE 176Th Cir 2526 Palm Springs, CA 92264-5750 Mountain View, CA 94042-2735 Redmond, WA 98052 681-370-OGS 681-370-OG9 681-370-070 Earl Norway Carolyn A Addis Wendell H & Mary Roberts 1086 James St 25265 Pane. Ct 731 Lomita St Chicopee, MA 01022-1081 Lake Forest, CA 92630-4232 El Segundo, CA 90245-3108 681-370-071 681-370-072 681-370-073 David M & Marilyn Hancock Elton Ralston Petar L Bundalo 5205 SW Hood Ave 1508 NE 148Th P1 7249 Canby Ave Portland, OR 97239-3509 Portland, OR 97230-a602 Reseda, CA 91335-a119 681-370-074 681-370-075 681-370-076 Stephen A Hardley Donna A Mills Lisa C Stephens 663 W Clifton Ave 1515 Casa Bucna Dr 2488 w Mira MOnze Cir D Redlands, CA 92373-5841 Corte Madera, CA 94925-1730 Palm Springs, CA 92262-5752 681-370-077 681-370-078 581-370-079 Neil & Ruth Miller George W Lord Ellis Fitler 2790 Forrester Dr 1615 IIuribuc Ave 4,193 E Seven Lakes Dr E . Los Angeles, CA 90064-3446 Sebastopol, CA 95472-2880 Palm Springs, CA 92264-5763 681-370-080 5811371 -001. 681-371-002 Common Lot Kenneth E Hanft Catherine Cothern PO Sox 1549 3323 Patrick Henry Pl 100 Walker Rd Newport Beach, CA 92659-1549 Agoura Hills, CA 91301-3615 Swampscott, MA 01907-2CSl 681-371-003 681-371-004 681-371-005 ,June Papadeas Richard h Shannon 1.bers Richard C Decarlo 2545 W Mira Monte Cir P 25844 Pennsylvania Ave 1 901 E Tahquitz Canyon Way Alpl Palm Springs, CA 92262-5731 Lomita, CA 90717-2841 Palm Springs, CA 92252-6757 681-371-005 681 371-007 681-371-008 Lee H & Elvira Allen Robert J & Alyce lalboy Everezz & Martha Combs 1e15 W 213Th St 175 1321 MaJcolm Ave 2495 Miramonte Cir W E Torrance, CA 90501-2922 Leos Angeles, CA 90024-5027 Palm Springs, CA 92264-5730 1.. 5 . ii35 C� 681-371-009 681-371-010 G61-371-011 Evelyn HeuSing Ronald 8 & Alan Sands Ruben A & Sophia Salazar PO Box 876 21805 Ulmus Dr 2717 W Avenue N Lakewood, CA 90714-0876 Woodland Hill, CA 91364-5245 Palmdale, CA 93551-2425 681-371-012 681-371-013 681-371-014 Annabelle Mowbray Beverly J Moffett Yolanda D Martinez 2495 Miramonte Car W A 2522 S Linden way F 8531 Lindance Or Palm Springs, CA 92264-5730 Palm Springs, CA 92254-5762 Whittier, CA 90603-1015 6al-371-015 8a1-371-016 e81-371-017 Steven L Stout Lawrence & Sandra Cummings Rohert A SCeedman 5818-1/2 Virginia Ave 2467 Miramonte Cir A 1016 N Antonio Cir Los Angeles, CA 90039-2008 Palm Springs, CA 92264-5729 Orange, CA 92869-1966 681-371-018 681-371-019 681-371-02 Sylvia Horwitz Jerald D & Johanna Pettihono Maril cbride 2490 S Araby Dr 4179 Court ➢r 246 Mira Monte Cir E Palm Springs, CA 92264-4906 Santa Cruz, CA 95062-5210 .m Springs, CA 92262-5729 6al-371-021 681-371-022 681-371-023 Susan Cougill Don Fruechte David R &. Phyll{s Nelson 2467 Miramonte Cir W F 225 S Civic Dr 2-15 11 Ezrdie Ln Palm Springs, CA 92264-5729 Palm Springs, CA 92262-7228 Colo De Caza, CA 92679-4927 581-371-024 581-371-025 68Y-371-026 Rohert Stauffer William & Pamela Adler Maria Zang 8149 E Hillsdale Dr 2480 Linden St D 24a0 S Linden way E Orange, CA 92869-2454 Palm Springs, CA 92262-5761 Palm Springs, CA 92264-5761 681-371-028 681-371-029 681-371-030 Kenneth W & Ruth Rkins Ronald & Robin Richardson ,,1Z5l+ Dick & Nina Hirsch 2391 Miramonte Cir W F 3016 N Narrows Dr A7,03fc-�M a'•A'f"""�� 19024 Los Alimos Sz Palm Springs, CA 92264-5728 Tacoma, WA 99407-1563 ��-. �✓yt Northridge, CA 91326-3020 681-371-031 e81 371-037 681-371-033 Melissa R Keefe 8zeve Warden Robert 0 & Joan Dillingham 20i25 Via ventana ].365 S Carkson 2391 Miramonte Cir W A Yorba Linda, CA 92886-4616 Denver, CO 80210-5728 Palm Springs, CA 92264-5726 681-371-034 881-371-035 681-371-036 1 { `i James L Joseph Nancy Ferguson Ray A & Cynthia Landit\N FIFv,� 2466 S Linden Way F 2466 Linden Dr E 123 Del Oro Lagoon yt T�0� •_^"S Palm Springs, CA 92264-5776 Pa]m Springs, CA 92262-5776 Novato, CA 94949-5333 � d" 681-37.1-037 681-371-032 681-371-039 Thomas R Goodrich George F Lynch Kristy A Frantz-Aistis 2466 Linden Dr C 3152 Roxanne Ave 2150 S San Juan Trl Palm Springs, CA 97252-5760 Long EoaCPi, CA 50808-4321 Tucson, AZ 85713 681-371-040 681-371-041 681-371-042 Callahan Prop Jack & Carole Mendelsohn Donna C Myrow 6005 Scotmist Dr 2367 W Mira Monte Cir 3 5413 S La Cienega Blvd Rancho Palos CA 90275-3348 Palm Springs, CA 92262-5727 Los Angeles, CA 90055-1.322 681-371-043 681-371-044 681-371-045 Thomas F & Mary Winkels Patrick R Mcneil Anthony Phipps 160E 28Th St Sw 2367 Miramonte Cir W E 2367 W Mira Monte Cir F Austin, MN 55912-5138 Palm Springs, CA 92264-5727 Palm Springs, CA 92262-5727 - 631-371-04e 681-371-047 681-371-048 Wallace P Brithinee Herbert H & Jean Lyon Caxiyon Sands Paim Springs Ccndi 2440 S Linden way A 2440 Linden Way B 4700 Timber Canyon Rd Palm Springs, CA 92264-5796 Palm Springs, CA 922e2-5796 Santa Paula, CA 93050-9G44 681-371-049 881-371-050 681-371-051 Daniel H Morris Preston Maclean Bob J & Lynda Speck 2440 Linden Dr D 27177 Shadowcrest Ln 1560 Stone Canyon Rd Palm Springs, CA 92262-5796 Cathedral Cit, CA 92234-3406 LDS Angeles, CA 90077-1911 681-371-052 681-371-053 681-371-054 William L & Maxine Lindner Gary R & Jeyce 17eiestinc Charles R Hulsey 2355 Miramonte Cir W F 1705 Northfield Dr 2499 E 20Th St Palm Springs, CA 92254-5797 Yuba City, CA 95992-1667 Signal Hill, CA 90755-6069 681-371-055 681-371- G G81-371-057 Leslie P & Judith Weiner Steve Lerman ,lames E & Mary Lucas 625 S Rimpau Blvd 23 Miramonte Cir W E 2355 W Mira Monte Cir A Los Angeles, CA 90005-3842 alm Springs, CA 92264-5797 Palm Springs, CA 92252-5797 687.-371-0 681-371 059 681-371-060 Merey G zel Darrell W & Yvonne Hines James W & Connie Silva 1060 calm Hili Cir 18129 NE 136Th St 16541 Peale Ln S a Ana, CA 92705-2551 Redmond, WA 98052-1132 Huntington ae, CA 92649-2300 681-371- 1 681-371-062 681-371-063 Donal SOucie Sohn Carcierr Jennifer E Jones 19G WindrOse Dr 2139 Griffith Park 131vd 904 Shelly SC R land Heigh, CA 91748-3920 Los Angeles, CA 90039-3522 Altadena, CA 51001-5225 581-371-064 681-371-065 881-371-086 Gilbert & Marlene Arian Felix & Marlene Rogers Rey Viquez 30530 Summit Ln 9426 E1 Te}ado Rd 879 Hilldale Ave Cleveland, OH 44124-5835 La Mesa, CA 91941-4462 W Hollywood, CA 90089-4932 681-371-067 681-271-058 681-371-069 5��'C Barbara Noel Gerald L Dowell Darrel D & Deanna Hansen (Or�'^I4 700 E Tahquitz Canyon Way H 2343 Miramonte Cir W E 19715 Sunshine Way Y'"l Palm Springs, CA 92262-G765 Palm Springs, CA 92264-5753 Bend, OR 97702-1584 V : . . C/) ��. 5 , 1135 GB1-371-070 G81-371-071 661-371-072 William P & Elizabeth Spratt Anatoly & Roza Sobolevsky Edward W & Virg. nid Reiher PO Box 367 19016 Los Alimos $t 23,14 S Linden Way C Bolton, MA 01740-0257 Northridge, CA 91326-3020 Palm Springs, CA 92264-5756 661-371-073 661-371-074 681-371.075 Carolyn R Baker • Richard Leon Thomas D & Sharron Obrien 91J Jersey St 2344 S Linden way E 925 S Un].versity Dr eellingham, WA 96225-5610 Palm Springs, CA 92264-575a Waukesha, WI 53128-5452 - 561-371-07G 681-371-077 691-372-001 Common Lot Stephen Goodson Wrlli.am Zwick FO Box 1549 2480 ' Linden Way F 2058 Bell Tower Rd Newport Hearh, CA 92659-1549 Pa ,pP"ng 4, CA 92264-5761 SaI L' Lake tit, UT 84109-2470 G81-372-002 661-372-003 681-372-004 Harve D Tucker Ellzabet damson Robert W Cowan 220 Chen ery St 2530 'ramontC Cir E C 2024 SW Howards Way 402 San Francisco, CA 94131-2711 Pa Springs, CA 92264-5742 Portland, OR 97201-7724 661-372-005 681-372-006 681-372-007 Alva E Degroff Anthony L PlSano George & Katharina Leone 2530 Miramonte Cir E E 2109 E Cherry Industrial Cir 3654 Valley Meadow Rd Palm Springs, CA 92264-5791 Long Beach, CA 90805-4411 Sherman Oaks, CA 91403-4841 681-372-008 681-372-005 681-372-0 Michael J Spann Randolph & Sharon Brand Robert Carman 41732 Brownstone Dr PO Box 80828 256 iramonte Cir E Novi, MI 48377-4801 Fairbanks, AK 9970E-0828 P m Springs, CA 92264-5744 681-372-011 681-372-012 581-372-013 Albert A Spear= Donald & Nancee 'Tinsley Edmond H & Patricia Curcuru 285 N Lowena Dr, 25 Corinthian Walk 4311 Gulf of Mexico Dr 301 Long Beach, CA. 90803-5713 Long Beach, CA 90803-4002 Longboat Key, FL 34228-2420 661-372-014 681-372-015 681-372-016 Michel Diviney Sharon L Stevenson Peter Kratz 3509 E 2Nd 5t 405 2936 Paraiso way 2434 'Torre7on P1 Long Beach, CA 90803-5252 La Crescents, CA 51214-2020 Carlsbad, CA 92009-8033 681-372-017 681-372-018 691-372-019 Roger W Martin Dennis ➢ & Janet Smith Rita G Mcdermotc 1301 N rlores St 2 13115 Dewey 5t 2550 MGramonte Cir E F Los Angeles, CA 90069-2615 Los Angeles, CA 90066-17l5 Palm Springs, CA 9226,1-5733 681-372-020 681-372-021 581-372-022 Christine C fhompscn Jahn D Karlson Marla M Mown 1283 Singletary Ave PO Box 6420 2550 Miramonte Cir 2 C San Jose, CA 951,26-2134 Ketchilcan, AK 99901-lA 20 Palm Springs, CA 92264 5733 681-372-023 681-372-024 681-372-025 Ruch M Anderson Albert A Spetrino Taffy Golden 4781 Country Club Dr 375 Redondo Ave 240 23166 Gainford St Syracuse, NY 13215-1937 Long Eeach, CA 90814-4035 Woodland Hill, CA 91364-2726 681-372-026 681-372-027 681-372-029 Irwin ➢ & Diana Rosin Rick V Levy Lawrence & Carol Brooke tt 403 7Th St 2545 S Gene Autry Trl D 2545 S Gene Autry Trl C Santa Monica, CA 90402-l.9Q7 Palm Springs, CA 92264-5858 Palm Springs, CA 92264-5858 681-372-029 681-372-030 681-372-031 States Randall C Dennis F Ferri Francis B & Martha Heuer 501.3 Merita Pi 2545 S Gone Autry Tfl A 2,190 Miramonte Cir E A La Canada Fli, CA 91011.3643 Palm Springs, CA 92264-5858 Palm Springs, CA 92264-5741 681-372-032 681-372-033 681-372-034 Charlema P Guay Kevin J & Cathy Wolff Gustavo Soya-Luque 14 Sun se Ln 360 sextant Ct 1G Ashford Nor wood, NH 03261-3524 Hercules, CA 94547-2030 Irvine, CA 92618-3916 681-372-035 681-377,-036 681-372-037 Thomas Leemon Barbara C Decker Donald S Jarrett 2490 Miramonte Cir E E 2490 Miramonze Cir E F 2487 S Gene Autry Trl A Palm Springs, CA 92264-5741 Palm springs, CA 92264-5741 Palm Springs, CA 92264-5859 681-372-038 681-372-039 581-372-040 Donald R oucle Dennis W ,7oyce Brenda C Curreri 19633 indrose Dr 2487 S Gene Autry Erl C 2487 S Gene Autry Trl D Ro nd Heigh, CA 31748-3980 Palm Springs, CA 92264-5859 Palm Springs, CA 92264-5859 681-372-041 681-372-042 681-372-043 George A & Roberta Hensel Stephen B & Karen Lopez James L Gillen 2487 S Gene Autry Trl E 2487 S Gene Autry Trl F' 2468 Miramonte Cir E F Palm Springs, CA 92264-5614 Palm Springs, CA 92264-5808 Palm Springs, CA 92264-5740 681-372-044 681-372-045 681-372-046 Rarl & Sandra Jackson W Roeppner Christopher J Malm 4216 Via Nival 1298 Primavera Dr x 2466 Miramonte Cir E C Paios Verdes , CA 50274-1405 Palm Springs, CA 92264-8411 Palm Springs, CA 92264-S740 �681-372-047 681-372 048 681-372-049 (Arthur E 8veretC Patricia whaaler Perry & Shari Cooper 120 Gateview nr 16 Gillman st 6535 Wilshire 131vd 206 'Faiibrook, CA 92028-5232 Irvine, CA 9261,2-2704 Los Angeles, CA 50048-4363 681-372-050 G81-372-051 681-372-052 Terry A & Michele Johnson Thpma6 F Rls Vadim & Sandra Matte 2539 W 156Th St 2441 S Gene Autry Trl D 2441 S Gene Autry Trl C Gardena, CA 90249-4617 Palm Springs, CA 92264 5860 Palm Springs, p gs, CA 92264 5860 �. 5 . 1 1 3 5 /a 687.�372-053 681-372-054 681-372-055 Kevin J Maher Rufus & Juanita Darwin Edward 1 & Tomiko Yamaguchi 2441 S Gene Autry Trl B 2441 S Gene Autry Trl A 2392 Miramonte Cir E A Palm Springs, CA 92264-5850 Palm 5pzings, CA 92264-5860 Palm Springs, CA 92264-5739 681-372-056 681-372-057 681-372-058 David S & Deborah Hirsch Laurence L & Monique Kutas Christopher P Zaccalini 5040 19Th Ave 2392 Miramonte Cir E C 41 Sutter St 1423 Sacramento, CA 95520-7505 Palm Springs, CA 92264-5739 Sari FranCis CO, CA 941Q4-4903 681-372-059. 681-372-060 681-372-061 Corinne E Shull Arthur R Gaudi George S & Ruby Wells 2392 Miramonte Cir E E 2034 Plaza Bonita 2395 S Gene Autry Trl A Palm Springs, CA 92264-5739 Santa Barbara, CA 93103-1904 Palm Springs, CA 92264-5861 681-372-062 681-372-063 681-372-064 Nancy R 3entinck William E & Florence Kortsch Mary Duncan 2395 S Gene Autry Trl B 7530 N Lake ➢r 2395 S Gene Autry Trl D Palm Springs, CA 92264-5861 Milwaukee, WI 53217-3642 Palm Springs, CA 92264-5861 681-372-065 681-372-0 681-372-067 Elaine M Uberti Claud ussard Doris M Todd 5798 Valley Oak Dr 239 S Gene Autry Tri F 2366 Miramonte Cir E F Los Angeles, CA 90068-3649 lm Springs, CA 92264-5861 Palm Springs, CA 92264-5738 681-372-066 681-372-069 681-372-070 John Johansen Sy & Lenette Ogulnick Lawrence C Samuels 377 Camino Sur 1328 Jones St 2366 Miramonte Cir E C Palm Springs, CA 92262-4304 Reno, NV 89503-5428 Palm Springs, CA 92264-5738 e81-372-071 681-372-072 581-372-073 Lincoln Roy T Throndson Robert C Mcgrath PO Box 5831 2366 MiramOn�.e Cir E A 2367 5 Gene Autry Tl'I F Denver, CO 80217-5$3i Palm Springs, CA 92264-5738 Palm Springs, CA 92264-5662 681-372-074 581-372-075 681-372-076 Paul J Coluccio Janice Schachter, Bruce Weylandt 2367 8 Gene Autry Trl E 7001 Rxnd9e Ave 2367 S Gene Autry Tri C Palm Springs, CA 92264-5862 Playa Del Rey, CA 90293-7711 Palm Springs, CA 92264-5862 561-372-077 681-372-078 621-372-079 James Gillen Ronald G Endres Common Lot 2463 F Miramonte Circle 2998 East Ave PO Box IS49 Palm Spr,i.ags, CA 92264 Rochester, NY 14610-3521 Newport Beach, CA 92699-1549 www 387 Printed *** 681-371-061 681-=372-038 RETURNED MAIL Donald R Soucie Donald R Soucie 2356 S. Linden Way, Unit C 2356 S. Linden Way, Unit C CASE 5.1135 PD 334 Palm Springs, CA 92264 Palm Springs, CA 92264 681-372-003 Elizabeth Adamson 10400 Caminito Cuervo, Unit 260 San Diego, CA 92108 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) No 0250 NOTICE GP PUD410 HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 6-1133 PLANNED DEVELOPMENT STATE OF CALIFORNIA DISTRICT334 AND County of Riverside TENTATIVE TRACT MAP 35623 SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE RelnbowYlolon of Palm Springs,LLD NOTICE IS HERESY g GIVEN Thal the City Council of hoaringCg, at of itsPmlom 5�gglis Nrr California:2008 Tld he City Council mealingg hagins at 6 00 RIM I In the Counml I am a citizen of the United States and a resident of Chsmber of CIty Hall 3200 Easl Tam tz Canyon Way Pain Springs. the County aforesaid;I am over the age of eighteen The purpose of thrb hearingg Is to consider an nepllcs- years,and not a party to or interested in the flon for a Planned fJevolopment District by RalnbowVision of Palm Sprinps,L4C for the construc- abovecntitled nlarter.I am the principal clerk of a non of a retirement community consisting of 154 can- printer of th DESERT SUN PUBLISHING dominium units,a finesslwellness center,apA,dining, p ei nightclub/caf4 and activity moms at the southwest cor- COMPANY a newspaper of general circulation, nor of East Palm Carryon Drive and Matthew DrNt, A K Tentative Tract Map hag bean f1led fol a one lot eubdi- printed and published in the City of Palm Springs, vision for condominium purposes County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the ;J °"'^"'""'C:;,",;.iv;'"'"°"" -'"• Superior Court of the County of Riverside,State of - — California under the date of March 24,1988.Case Number 191236;that the notice,of which the f annexed is a printed copy(set in type not smaller than non parcel,has been published in each regular and entire issue of said newspaper and not in any supplementthereof on the following dates,to wit: ' January 26m,2008 All in the year 2008��-~-�--^--`---`^ ENVIRONMENTAL DETERMINATION A Draft Negative Declaration was preppgred for this project un- I certify(or declare)under penalty of perjury that the der the guldoimae of the Califomla Environmental foregoing Is true and correct. �Oure I Bt the heeilnand Members oiWha putilic metyyy view this document a!the Planning$annces Dopow Mont, City Hall, =0 East Tahqulle Canyon Way Dated at Palm Springs,California this---28"',---da Palm$gringgo,and submit written comments at,or prior, Y to the City Council heering. REVIEW OF PROJECT INFORMATION • The of----- January---- 2008 stof;report and other suppor ln0 documents regarding Tho pro act are also avalllable,for public review at City - ' Hall bolween the hours of 8:00 a an and 5:00 p in / Monday throgh Frlgayy Please contact the Office of / the CIN Clark (760) 323.820a If you would like to schodu a an appolntmant to review those documents Il 1 COMMENT ON THIS APPLICATION Rosponso t,7 izz to this notice mayy be made verbally at the Public Hear- -?a rw Z I Iri l andlor In writingg before the hearing.Written com- ^J Rena may be mep0 to the City Council by letter(tor aD mall or hand delivery)to' .,,-- —rr James Thompson City Clerk Lw1 4 yM, 3200 E.Taa u"I dan}ywon Way Palm Springs,CA B22BP LLI-a iT U Any challonppe of the proposed project In court may be' CIlmlted to herein only those Issue&raised at the public hearing described I this notice, or In writen corm- ., Ny� sponderoo dellvered to the City Clerk at, or phor,to CC LS- c -tJ the ppublic hearing, (Government Code Section p .�U 6500,(b)(2)). y m An opportunity will be given at mid hearing for Of Inter. Sates person&to be eard. Questions regarding this c+a Sao remora Pladirected ng 3 nticeChristopher Department al(r/O)n9 3• C" 8245 51 necesaa ayuda songeesto Wine,podavor name s le Flaperdtelelono(7alm E0)n373_bp 1'J d"nY11er eon Nadine Jerg4e Thompson,City Clerk ^abllehed:V2WN NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1135 PLANNED DEVELOPMENT DISTRICT 334 AND TENTATIVE TRACT MAP 35623 SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE RainbowVision of Palm Springs, LLC NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 6, 2008- The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application for a Planned Development District by RainbowVision of Palm Springs, LLC for the construction of a retirement community consisting of 184 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- ENVIRONMENTAL DETERMINATION: A Draft Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION. Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter(for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard- Questions regarding this case may be directed to Christopher Brown, Contract Planner, Planning Services Department, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y pueda-hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson,-City Clerk 000 .4E s Department of Planning Services W+E Vicinity Map 5 Iw 5 W INI��C g ; WAVERLY CR 17 a S J cnw.Rluo$ L._ _.._..._ ..I i II Legend Project Site 400' Radius 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. 000147