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HomeMy WebLinkAbout7/16/2003 - STAFF REPORTS (12) DATE: July 16, 2003 TO: City Council FROM: Director of Planning & Zoning CASE 5.0666-B-PD-231 -APPLICATION BY PAT BLEW, PS INVESTMENT COMPANY, LLC FOR: A. A PRELIMINARY PLANNED DEVELOPMENT DISTRICT#231 FORA MIXED USE PROJECT COMPOSED OF AN 18 HOLE GOLF COURSE, DRIVING RANGE (GOLF EXPANSION AREA), HOTEL, VACATION OWNERSHIP UNITS, SINGLE FAMILY HOMES, MULTI-FAMILY HOMES, (MAXIMUM OF 1450 UNITS)OFFICE, RETAIL USES, SUPPORT FACILITIES AND A ONE ACRE FIRE STATION SITE; AND VACATION OF A PORTION OF THE WEST 15 FEET OF THE SAN JOAQUIN RIGHT OF WAY, ON A 460 ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL(HIGHWAY 111), W-M-1-P, W-0-5, W ZONES, SECTIONS 7 AND 18. B. APPROVAL OF TENTATIVE PARCEL MAP#30928. RECOMMENDATION: That the City Council approve the following items: 1. Filing of a Mitigated Negative Declaration (MND), pursuant to CEQA and State and Local CEQA Implementation Guidelines. 2. Approve the Palm Springs Classic Preliminary Planned Development District, PD #231, pursuant to Section 9403.00, Zoning Ordinance (PD in lieu of a change of zone) and adopt the Mitigation Monitoring Program. Mitigation measures are incorporated into the Planned Development District as conditions of approval. 3. Approve Tentative Parcel Map# 30928. SUMMARY: The City has received an application by PS Investment Company, LLC (Pat Blew, Ken Carey, Fred Gordon)for approval of a Planned Development District proposing a golf resort with an 18 hole golf course and golf clubhouse, up to 1,450 residential units and a 400-450 room hotel, including Vacation Ownership Units(VDU's), on approximately 460 acres.The complete Planning Commission staff report is attached as additional background. PLANNING COMMISSION ACTION: On June 11, 2003, following a public hearing on the project, the Planning Commission, by a 6-0 vote, recommend that the City Council approve the project. Topics of Planning Commission discussion, including a reference location for a larger discussion of the issue, are included below: • The provision of a range of housing opportunities (See Planing Commission staff report, Page 4); • High-rise building setback criteria in Planning Areas 1 and 2 Maximum building Page 2 of 3 heights in Planning Areas 7- 9 (See Planing Commission staff report, Page 7); Maximum building heights in Planning Areas 7- 9 (See Planing Commission staff report, Page 10); • The provision of full pedestrian access throughout the project (See Planing Commission staff report, Page 14); • Use of gates and controlled access at various entries to the project High-rise building setback criteria in Planning Areas 1 and 2 Maximum building heights in Planning Areas 7- 9 (See Planing Commission staff report, Page 14); • The requirement for off-site improvements,including sidewalks along the south side of Vista Chino, between Gene Autry Trail and Whitewater Club Drive (See Planing Commission staff report, Page 15); • The application of park and recreation fees to future residential development in the project (See Planing Commission staff report, Page 17); • Provide views of the golf course from public roads and associated design opportunities (See Design Guidelines, Page 42); • Bikeway and equestrian trails along the Whitewater Wash and future linkage of same to regional systems (See Condition # 16); Based on the applicant's comments and Planning Commission discussion, certain draft Conditions of Approval were modified by the Planning Commission, including: • To allow the maximum 50% site coverage Planning Areas 5-9, which could be reduced if approved in the Final Development Plan (Condition # 18); • Requiring a minimum of 5 years from completion of the golf course prior to proposing alternative residential uses to the hotel use (Condition #22); • To allow a 1:1 setback in Planning Areas 1 & 2 for high-rise development, as an average setback with a minimum of 20 feet from property lines other than along Gene Autry Trail and Vista Chino and from single family parcels (Condition # 27); • Elimination of restrictions for a paging system (eliminated); • To allow down spouts if approved through the design review process (eliminated); • Clarification language requiring the notification of non-residential tenants about the conditions of approval and incorporating these conditions in the CC&R's provided to residential users (Condition # 50); and • Clarification language to allow the City Engineer to review and approve design of project entrance on Gene Autry Trail and Classic Drive (Condition #86). • On July 03, 2003, the Sierra Club submitted the attached letter regarding the 11 r4�- Page 3 of 3 project's environmental impacts. Concerns about Coachella Valley Milk Vetch and trails (bikeway and equestrian trails)were addressed. Separate response to these comments will be provided underseparate cover. The bikeway and equestrian trails are addressed in Planning Condition No. 16. During the public hearing the applicant and design team spoke in favor of the project and discussed the recommended conditions of approval. One member of the public spoke in favor of the project. DOUGLAS K. EVANS Director of Planning and Zoning City Manager ATTACHMENTS: 1. Vicinity Map 2. Planning Commission June 11, 2003 staff report 3. Minutes of June 11, 2003 Planning Commission meeting 4. Application (Separate Cover) 5. Design Guidelines (Separate Cover) 6. Environmental Assessment/Mitigated Negative Declaration (Separate Cover) 7. Mitigation Monitoring Program 8. Applicant Letter Dated July 02, 2003 9. Sierra Club Letter Dated July 03, 2003 10. Resolution - Negative Declaration, Mitigation Monitoring Program 11. Resolution - Palm Springs Classic Planned Development District/Tentative Parcel Map/Vacation of portion of San Joaquin Drive Right of Way 12. Conditions of Approval 4 643 YAP P,.. 6C 4 VID DESERT HOT SPRINGS ------ DILLON ROAD L . ......... VISTA CHINO - _.,.._ z .. ....... RAMON RD. THOUSAND PALMS PALM SPRINGS ERA ISM CATHEDRALCITY U5 AVENUE 38 FRANK SINATRA DR Y COUNTRY CLUB DR. RAN QMIRAG CH _2 0 d AVENUE 44 --INDIO INDIAN WELLS - ----------------PALM DESERT 0 0 COACHELLA LA QUINTA------- -0 a i AVENUE 60 2 u -Ei I If ----------- C . .. ........... N Vicinity Map TMe KeIMILES s ENVIRONMENTAL ASSESSMENT CITY OF PALM SPRINGS 0 Y DATE: June 11, 2003 TO: Planning Commission FROM: Director of Planning & Zoning CASE 5.0666- B-PD-231 - APPLICATION BY PAT BLEW, PS INVESTMENT COMPANY, LLC FOR:A) A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM IND (INDUSTRIAL) TO L4 (LOW DENSITY RESIDENTIAL 4 DU/AC), L6 (LOW DENSITY RESIDENTIAL 6 DU/AC), M8 (MEDIUM DENSITY RESIDENTIAL 8 DU/AC), AND H30 (HIGH DENSITY 30 DU/AC); B) A PRELIMINARY PLANNED DEVELOPMENT DISTRICT#231 FOR A MIXED USE PROJECT COMPOSED OFAN 18 HOLE GOLF COURSE, DRIVING RANGE(GOLF EXPANSION AREA), HOTEL, VACATION OWNERSHIP UNITS, SINGLE FAMILY HOMES, MULTI-FAMILY HOMES, (MAXIMUM OF 1450 UNITS) OFFICE, RETAIL USES, SUPPORT FACILITIES AND A ONE ACRE FIRE STATION SITE; C)APPROVAL OF TENTATIVE PARCEL MAP#30928;AND D),VACATION OF A PORTION OF THE SAN JOAQUIN RIGHT OF WAY ON A 460 ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL (HIGHWAY 111), W-M-1-P, W-0-5, W ZONES, SECTIONS 7 AND 18. RECOMMENDATION: That the Planning Commission recommend City Council approval of the following subject, to conditions: 1. Recommend filing of a Mitigated Negative Declaration (MND), pursuant to CEQA and State and Local CEQA Implementation Guidelines. 2. Recommend approval of a General Plan Amendment that replaces the Business/Industrial (IND) land use designation within the project area with the following land use designations: Low Density 4 du/ac (1-4), Low Density 6 du/ac (1-6), Medium Density 8 du/ac (M8), and High Density 30 du/ac (1-130). The existing Golf, Fire Station and Large Scale Resort Symbols would remain in the project area. 3. Recommend Approval of the Palm Springs Classic Preliminary Planned Development District, PD #231, pursuant to Section 9403.00, Zoning Ordinance (PD in lieu of a change of zone) and adopt the Mitigation Monitoring Program. Mitigation measures are incorporated into the Planned Development District as conditions of approval. 4. Approve Tentative Parcel Map # 30928. 5. Adopt a finding that vacation of a portion of the San Joaquin Right of Way is consistent with the General Plan. BACKGROUND: The City has received an application by PS Investment Company, LLC(Pat Blew, Ken Carey, Fred Gordon)for approval of a Planned Development District proposing a golf resort with an 18 hole golf course and golf clubhouse, up to 1,450 residential units and a 400-450 room hotel, including Vacation Ownership Units (VDU's), on approximately 460 acres. To ensure the viability and success of the project,the applicant is requesting a reasonable amount of latitude and flexibility in preparing final development plans for the construction of the Palm Springs Classic PDD Project. Such flexibility is needed to incorporate and respond to greater design and engineering information as it becomes available, to incorporate more detailed golf course design, architectural plans, grading plans, and the need to effectively respond to changing market conditions, unforeseen consumer preferences, and other economic forces that likely will occur over the anticipated five to ten year build-out of the project. The subject site is irregularly shaped and is bounded by Vista Chino to the north, the city limits to the east,the Dream Homes in Cathedral Cityto the southeast, Gene Autry Trail(Highway 111)and the Palm Springs International Airport to the west and vacant land to the south. The use of approximately 90 acres of the site in the Whitewater River Wash is being negotiated under an encroachment permitfrom the Coachella Valley Water District(CVWD)and the Riverside County Flood Control and Water Conservation District (RCFCD &WCD). This area is proposed to be used for a driving range area with the potential to expand the golf course in the future. The applicant is currently finalizing the encroachment permit with the CVWD. RCFCD & WCD has easements and levee improvement along the western side of the Whitewater River Channel. The applicant is working with the RCFCD & WCD to integrate project flood control plans with the District's infrastructure. The subject site is generally flat with approximately 60 feet of total relief across the site (0.06% average gradient), with elevations ranging between 400-460 feet above sea level. The subject site lies within the Sonoran Desert Scrub Ecosystem, which is dominated by the creosote bush scrub community. The vegetation is composed of mustard, croton and schismus 'grass. There are no trees on the site. The site contains the Coachella Valley Milk Vetch,a species that is currently listed as endangered by the federal government. The plant is an uncommon, spring ephemeral herb that is known to occur in the region on sandy soils. The site is within the historic range of the Coachella Valley Fringe-toed Lizard and is located within the Mitigation Fee Area of the Coachella Valley Fringe-toed Lizard Habitat Conservation Plan. Payment of the Fringe Toed Lizard fee provides for acquisition and preservation of habitat suitable for both of these species. PRIOR APPROVALS The Palm Springs Classic Mixed-Use Resort Project was originally approved by the City of Palm Springs for essentially the same site in 1994. This revision adds approximately 90.7 acres to the original 369.5-acre project, land proposed for a golf practice area and future expanded golf activities that lies within the Whitewater River Wash. The previous applicant was D.T. Palm Springs Inter-continental Golf Center Enterprises, Ltd. The previous project (Case #5.0666-PD- Page 2 11Ab 231) included the following entitlements Planning Commission and City Council approval of Planned Development District No.231 (PDD-231), including a Preliminary Development Plan forthe Palm Springs Classic development, which was comprised of a 27-hole golf course, a 400-room hotel, 500 vacation occupancy (time share) units , an 11-court tennis facility, and 428,000 square-feet of office and retail (i.e., 121,500 square feet of research and development, 136,000 square-feet of commercial retail, and 171,000 square feet of light industrial);and Planning Commission and City Council approval of a Tentative Tract Map for the project; and Planning Commission and City Council approval of project-associated revisions to the City of Palm Springs General Plan, including removal of Avenue 30. Pursuant to the California Environmental Quality Act(CEQA),the previous project as summarized above was comprehensively evaluated by a Final Environmental Impact Report (State Clearinghouse #9404274) that was certified by the City Council. The current project has been evaluated pursuant to CEQA through the preparation of an Environmental Assessment where the new project was evaluated to assess and identify any new and significant impacts that may be associated with the new project and recommend additional mitigation as deemed necessary. Based upon the current project, it has been determined that the project may incrementally contribute, to but will result in no new unmitigated significant impacts other than those impacts previously identified in the Palm Springs Classic Planned Development District Final EIR of 1994. A Mitigated Negative Declaration is proposed with the associated Mitigation Monitoring Program, to ensure that potential environmental impacts are mitigated. PROJECT DESCRIPTION: GENERAL PLAN AMENDMENT: The General Plan Amendment would eliminate the Business/Industrial (IND) land use designation within the project area and add the following land use designations: Low Density 4 du/ac (1-4), Low Density 6 du/ac (1-6), Medium Density 8 du/ac (M8), and High Density 30 du/ac (H30). The existing Golf, Fire Station and Large Scale Resort Symbols would remain in the project area. The amendment illustrates the generalized pattern of and use relationships which would be clarified in the Planned Development District. The requested GPA would modify specific descriptive text within the General Plan discussing the Palm Springs Classic area and Policy 3.30.13 as follows: GP Policy 3.30 13• Encourage large-scale mixed use developments containing business parks, large scale resorts and recreational amenities which support the employment needs of the City's residents and support the City's tourism-related environment. The accompanying text on page 1-74 of the General Plan reads as follows: Page 3 11 r9? This area of approximately 400 acres has received attention as a designated corporate business andrecreation center with the new headquarters buildings of the Desert Sun and Bird Corporation. Excellent access is available through the Palm Springs Regional Airport and the regional highway network-Gene Autry Trail (State Highway 111) and the proposed Mid-Valley Transportation Corridor. The City of Palm Springs encourages continued development consistent with the corporate theme. The proposed General Plan policy statement (3.30.13) is as follows: Encourage large-scale mixed use developments possibly containing any of the following:business parks, large scale resorts and recreational amenities along with a residential base that support both the housing and the employment needs of the City's residents as well as supporting the City's tourism-related environment. The maximum number of residential units is 1450 and the densities may range from four d. u./acre up to 30 d.u./acre. The maximum number of hotel rooms/timeshare units shall be 45a The proposed text reads as follows: This area of approximately 450 acres has the necessary attributes to support a major new golf center along with tourism facilities and a variety of single family and multi-family residential developments. As a mixture of uses, these new uses will complement the headquarters buildings of the Desert Sun and Bird Corporation. Excellent access is available through the Palm Springs Regional Airport and the regional highway network-Gene Autry Trail(State Highway 111)andthe Mid-Valley Transportation Corridor. The City of Palm Springs encourages continued development consistent with the resort theme. Staff supports the proposed General Plan text and map amendment in that the revised text and map amendments continues to support tourism, provides for employment opportunities, provides for a variety of housing types, provides for supportive commercial and visitor serving uses, and encourages the creation of a large-scale resort planned community. Planned Development District. The applicant has requested a change from an industrial-resort mix of development to a residential-resort mix with the opportunity for convention and tourist uses purposes, which complement nearby business park, office, industrial and retail uses in the vicinity of the Palm Springs Airport. The applicant has requested a range of development flexibility associated with the Resort Village, Golf Course, and Golf Village. The Preliminary Development Table (Contained in Attachment 4) demonstrates that the total number of housing units will not exceed 1450 and 450 hotel rooms, but the applicant is requesting a range of development potentials for all single and multi-family housing. The Resort Village (Planning Areas 1 and 2) proposes a mix of housing types including condominiums, apartments and single-family residential developments. The numerical range of development flexibility for single and multi-family housing in the Resort Village is 699 units to 979 units. The hotel within the Resort Village will range from 400 rooms to 450 rooms. In the Golf Course portion of the development, the Golf Clubhouse will range is from 5,000 square feet to 20,000 square feet in area. While not noted on the chart, the acreage associated with golf course use will be a minimum of 140 acres. The Golf Village portion Page 4 of the Palm Springs Classic (Planning Areas 5 thru 9) will demonstrate a mix of multi-family housing and single family housing in the range of 751 dwellings to 947 dwelling units. In no case shall the maximum number of residential units exceed 1450 dwelling units. If the hotel of VOU prove infeasable, the additional 450 units are not available for residential uses. The specific distribution of land uses within the Resort Village and Golf Village, including residential types and numbers of units will be subject to review in conjunction with Final Development Plans. The development is divided into the three major component areas described below: 1. Resort Village (Planning Areas 1 and 2) Planning Areas 1 and 2 which comprise the Resort Village within the Palm Springs Classic PDD, is a mixed-use area containing up to 979 units of mixed types of residential (including hotel units), as well as pool and spa areas, restaurants, health club and other recreation facilities, and retail commercial/office areas that complement the potential hotel. The rooms within the hotel may be developed as conventional hotel rooms,condominiums, time-shares or other interval ownership units, multiple-keyed casita units, and/or other recognized type of overnight resort accommodation in the California marketplace. A maximum of 450 keys are proposed for the hotel. The Resort Village is also planned to contain a higher density and urban scale residential component that will be in close proximity to Resort Village amenities. This residential component maycontain condominiums,apartments,townhomes,attached villas,and some single-family residential units. The specific distribution of resort land uses, including residential unit types and numbers of bedrooms,will be subject to City review in conjunction with Final Development Plans as they are submitted by the developer. Although planned and preferred by the applicant, a conventional resort hotel for the Resort Village area may prove difficult to implement in the marketplace for a variety of financial reasons beyond the applicant's control. If the hotel proves economically infeasible, after eight (8)years from the commencement of construction of the golf course, the applicant may implement alternative uses within Planning Areas 1 and 2, including additional vacation ownership (time share) units, condominiums,apartments,single-family residential,and/or commercial/office uses,and/or some combination thereof to complete development of the Resort Village, provided the total maximum number of overnight accommodations (i.e., keys) and the total number of residential units for the Palm Springs Classic PDD is not exceeded. The purpose of this recommendation is to ensure that a good faith effort is made to develop a hotel as part of the project. These hotel and timeshare components of the resort are similar to those previously approved for the site. However, in this application,the project proponent has requested the maximum height of the hotel and residential units to be 60feet, plus 15 feet for architectural projections. This is the maximum height allowable in the City of Palm Springs under the Page 5 1) 49 Highrise Buildings Ordinance, Sec. 93.04.00. The applicant has requested to have the opportunity to propose buildings under this provision of the Ordinance. Buildings thirty-five feet and under in height are not regulated by the Highrise Buildings 93.04.00 setback standards discussed below. The hotel and residential buildings will be designed and improved utilizing site development standards from the Palm Springs Zoning Ordinance Sec. 93,04.00 (Highrise Buildings)and Sec. 92.05.00 (R-4 Zone),with slight modifications described in the following paragraph. The project proposes to use the development standards of the R-4 Zone(92.05.03)except that: 1. In consideration of the golf course areas within the PDD, a minimum of forty-five percent (45%) of the site for any building shall be developed as landscaped open space and/or usable outdoor living and recreation area with an adequate irrigation system. In calculating the 45% useable landscaped open space requirement a proportionate share of common area facilities and/or golf course area may be included in the calculation provided that the proposed project has a discernable visual or physical connection with such facilities. The development standard in 93.04.00 (A) (Highrise Buildings) relative to landscaped open space and usable outdoor living space requires the following: Sixty(60)percent of a site area fora highrise building shall be developed as usable landscaped open space and outdoor living and recreation area and shall be so designated on the site plan. The remaining forty percent of a site area may be used for buildings and parking. Required landscaping for surface parking areas shall not be included in the sixty (60) percent open space requirement. To insure that all required open space shall remain in perpetuity, the owner shall offer to dedicate development rights for all open space required by this ordinance. The applicant is requesting a 25% reduction in the landscaped open space and outdoor living and recreation area surrounding the hotel, to be facilitated by the Planned Development District element of discretionary review.The rationale for the request is that the golf course, in close proximity to the Resort Village area,satisfies the intent of the ordinance in relationship to open space. It should be noted that this 25% reduction in landscaped open space and outdoor living and recreation area surrounding the hotel would also apply to all of the residential highrise buildings. The total number of residential highrise buildings is unknown until submittal of a final development plan. In the event the developer designs a hotel/MFR project substantially adjacent to the golf course, staff would support a minor credit or reduction in allowable open space for the development adjacent to the golf course. Staff is concerned that providing less than 45% usable active recreation and open areas in a high density or highrise development will result in a project without adequate recreation/open space. As an example the Wyndam Hotel was approved with 43%open space. Forty-five percent essentially provides for an adequate pool area and perimeter landscape. Projects Page 6 with less than 45% could result in recreation areas that are not sufficiently sized for tenant/tourist needs and may result in creation of an expectation on behalf of the developer or future developers that the City would approve MFR with less than 45% open space. In our climate condition and based upon expectations of visitors and residents alike, outdoor recreation and open space is a critical element of the Palm Springs lifestyle. 2. The minimum setback for a high-rise buildings: The intent of the Resort Village is that the entire area is planned as an integrated residential and recreation environment with specific pedestrian friendly relationships between buildings, walkways, streets, parking, open space and golf course. Therefore, the minimum horizontal setbacks for high rise buildings(35 feet plus in height)shall be as follows: I. Three (3)feet horizontal for each one (1)foot of vertical from any single- family parcels on or off site. ii. 2.5:1 setback from exterior edges along Gene Autry Trail and Vista Chino. iii. 1:1 setback from any property or parcel line other than those listed above including golf and wash parcels. This setback requirement is to be measured as set forth in Subsection C of Section 93.04.000 (High Rise). The development standard in 93.04.00 (C.1.A) (Highrise) relative to building setbacks requires the following: A highrise building shall have a minimum setback of three (3) feet of horizontal setback for each one (1) foot of vertical rise of the building. This setback requirement is to be measured from property lines except when a site in question abuts a street. Then it shall be measured from the right-of- way line on the opposite side of the abutting street. The City's General Plan Street Plan shall be used to determine the right of way line, and in no case shall more than one hundred (100) feet of street right of way be used in determining a setback distance. The minimum setback for any structure, regardless of height shall be as prescribed by the underlying zone. Through discussions with Staff the applicant has modified his original setback requests and is now requesting a variety of setbacks within the Planned Development District responding to different conditions within and surrounding the property. The 1/6 reduction in setback distances for high rise areas along Vista Chino and Gene Autry Trail is tempered by the 3:1 setback distances to residential uses. The referenced 1:1 setback to golf, open space and industrial uses is consistentwith 93.04.00.C.2(High Rise, Industrial, Exception).The rationale is that the golf course provides the sense of open space intended to be provided by the setbacks. It should be noted that these provision also apply to all of the residential highrise buildings. The total number of residential high rise buildings and the Page 7 1lAb ultimate configuration of the hotel is unknown until submittal of a final development plan. 3. A minimum landscaped open space setback distance from any boundary abutting an"M-1-P"zoned property shall be 20 feet more than otherwise required setbacks. 4. Proposed Performance Standards/Open Space Requirements: Same as Palm Springs Zoning Ordinance Section 92.05.04 (R-4 Zone), except that for Resort Village buildings, a minimum of forty-five (45) percent of the site area shall be developed as landscaped open space and outdoor living and recreation area with an adequate irrigation system. Section 9205.04, Performance Standards, requires the following: A minimum of forty-five (45)percent of the site area shall be developed as usable landscaped open space and outdoorliving and recreation area, with an adequate irrigation system. Through discussions with Staff the applicant has revised the original requested standard and is consistent with the R-4 Zone open space provision, however,the High Rise features result in the same observations discussed above regarding the applicants request to reduce the open space standard in the Highrise Buildings standard apply here. So long as the individual Planning Area maintains the R-4 Zone height limits the forty-five (45) percent criteria is applicable. Numbers 1-4 above constitute the applicant's request for regulatory relief (in the Resort Village area) via the PDD as compared to the zoning ordinance standard. The Final Planned Development District review will require careful staff, Design Review Committee, and Planning Commission analysis in light of requested property development standards and that based upon detailed site design, setbacks may need to be increased or modified. Staff has added a Condition of Approval which clarifies that standards are minimums, that standards are not guaranteed and,that the City will reserve the right to approve, conditionally approve or deny final plans which do not meet community standards. 2. Golf Course (Planning Areas 3 and 4) Golf Course Planning Area 3 is planned to contain the golf course, the golf course maintenance area/building, expansion area, and the golf course clubhouse unless it is ultimately located in the Resort Village. Golf Course Planning Area 4 is planned to contain golf practice facilities within the Whitewater River Wash. This will include a driving range, full practice holes, and potential future development of short game areas. The permitted uses and regulations for the Golf Course Planning Areas are defined below. Consistent with Zoning Ordinance Section 92.21.00 (Open Land Zone),the majority of the golf course facilities shall be subject to the zoning regulations set forth in the City of Palm Springs Zoning Ordinance for the "O" Open Land, Zone, Section 92.21.00 et seq., except Page 8 as noted below. In particular, the lot which contains the golf clubhouse will be subject to requirements of the C-1 Retail Business Zone,Zoning Ordinance Section 92.12.00 et seq., except as noted below; and the lots which contain the golf maintenance area/building will be subject to requirements of the M-1 Zone, Zoning Ordinance Section 92.17.00 et seq., except as noted below: 1. Uses permitted: Same as Palm Springs Zoning Ordinance Section 92.21.01, ("O" Zone), Uses Permitted, the lot that contains the Golf Clubhouse shall be subject to Zoning Ordinance Section 92.12.01, (R-1 Zone), Uses Permitted and the lot(s) that contain the Golf Maintenance Area/Building shall be subject to Zoning Ordinance Section 92.17.01, (M-1 Zone), Uses Permitted. All uses within the Golf Course Planning Area shall be related to or in support of golf or other resort, tourist, park, open space, on-site residential,and/or recreational uses. All Golf Course Planning Areas shall permit parking, golf cart paths and storage, restrooms, golf warm-up and practice areas, chipping and pitching areas, putting greens, bunkers and water features,and otherfacilities normally and customarily associated with championship golf course development. 2. Uses prohibited: Same as Palm Springs Zoning Ordinance Section 92.21.02, ("O"Zone), Use Prohibited, except the lot that contains the Golf Clubhouse shall be subject to Zoning Ordinance Section 92.12.02, (R-1 Zone), Uses Prohibited and the lot(s) that contain the Golf Maintenance Area/Building shall be subject to Zoning Ordinance Section 92.17.02, (M-1 Zone), Uses Prohibited. This shall not be construed as prohibiting commercial uses, maintenance uses, or other public uses that are consistent with the golf or other resort, tourist, park, open space, on-site residential, and/or recreational use. 3. Propertv development standards: Same as Palm Springs Zoning Ordinance Section 92.06.03, (R-4-VP Zone) Property Development Standards, except that Planning Area 2-A (Golf Clubhouse) shall be subject to Zoning Ordinance Section 92.12.03, (R-1 Zone), Property Development Standards and Planning Area 2-B(Golf Maintenance Area/Building)shall be subject to Zoning Ordinance Section 92.17.03, (M-1 Zone), Property Development Standards, except that: a. A six(6)foot high wall may be situated atop a 4 foot mound if set back a minimum of 10 feet from the property line. 4. Performance Standards: The lot(s) that contain the Golf Maintenance Area/Building shall be subject to the standards set forth in Palm Springs Zoning Ordinance Section 92.17.04. (M-1 Zone), Performance Standards. 5. Property maintenance standards: All Golf Course Planning Areas shall be subjectto property maintenance standards established in Zoning Ordinance Section 93.19.00, Property Maintenance Standards. Page 9 1� *4 /3 3. Golf Village (Planning Areas 5 through 9) The Golf Village Areas (Planning Areas 5 through 9) are planned as a compatible variety of golf-oriented residential neighborhoods that will adjoin and weave along the golf course. The Golf Village may have special membership and use relationships with the Resort Village and Golf Course, the specifics of which have yet to be determined. The Golf Villages may also be gated neighborhoods. Although all the residential planning areas permit single-family homes,there are no currently existing zones or development standards within the City Zoning Ordinance that correlate exactly with the design concept for the Golf Village at the Palm Springs Classic. 1. Uses permitted: a. Planning Areas 5-6: Same as Palm Springs Zoning Ordinance Section 92.03.01 (R-2 Zone), Uses Permitted, except that single family development projects shall be the same as (b) below. b. Planning Areas 7 through 9: Same as Palm Springs Zoning Ordinance Section 92.01.01, (R-1 Zone) Uses Permitted. 2. Uses prohibited: a, Planning Areas 5-6: Same as Palm Springs Zoning Ordinance Section 92.03.02 (R-2 Zone), except that single family development projects shall be the same as b, below. b. Planning Areas 7 through 9: Same as Palm Springs Zoning Ordinance Section 92.01.02 (R-1 Zone). 3, Property development standards: a. Planning Areas 5-6: Same as Palm Springs Zoning Ordinance Section 92.03.03(R-2 Zone), except that single family development projects shall be the same as b. below. b. Planning Areas 7 through 9: 1. Minimum lot size: Two-thousand (2,500) square feet. 2. Buildino site width: No minimum. 3. Building height: Two (2) stories and twenty-eight (28) to thirty-two (32) foot maximum. Any building over 28' will be permitted only if it can be demonstrated that sound and aesthetic principles of good design are addressed according to the following: Page 10 �� hJY 1.1 Energy Conservation 1.2 Privacy 1.3 Desert and/or Palm Springs materials and proportions. 1.4 Impact on adjacent areas 1.5 Standard market demand dimensions 1.6 Abidance to the Classic PDD design guidelines Architectural features, appropriately screened mechanical units, and chimneys which do not exceed 10 % of the roof area, nor exceed the height limit by more than 10 feet shall be permitted. Staff supports a maximum of 32 feet in height. 4. Building site coverage: No maximum. Staff recommends maximum 50% site coverage. 5. Building setbacks: 1. Front: Five (5)feet minimum from any front property line abutting a public or private street, except for garages, which have their own standards. 2. Side: Ten (10)feet minimum for one side only,or ten (10) feet aggregate total for both sides. The side yard set back may vary in width from the front to the back of the lot, so long as the aggregate is maintained at ten (10)feet and the structure is at no point closer than eight (8)feet to another building. 3. Side abutting street: Five (5) feet minimum from property line. 4. Rear: Ten (10)feet minimum from any rear property line. 5. A minimum open space landscape setback distance from any boundary abutting an "W P" Zoned property shall be 20 feet more than otherwise required setbacks. 6. Patios: No attached or detached covered patio shall be located closer than three (3) feet to a side property line, measured from the nearest support for the structure, except the street-side property line of a corner lot, in which case a minimum distance of five Page 11 (5) shall be maintained. 7. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and other similar architectural features may project four(4)feet into any required front, rear,or side setback,or within three (3)foot of a property line,whichever is the least projection into the setback, provided the setback is consistent with applicable Fire and Building Codes regarding separation of structures. Staff does not support the 3 foot setback for side front conditions. 8. Accessory buildings, including detached garages, shall be located in accordance with the setbacks required for the main building. 6. Alleys provided as a second access to a dwelling: Minimum paved alley width shall be twenty(20)feet. No parking shall be allowed. Garage doors fronting on alleys shall be set back to provide a minimum unobstructed turning clearance of twenty-eight (28) feet. 1. Garage and carport entry setback: The minimum setback for the point of entry into a garage or carport shall be five (5)feet or less, or seventeen (17) feet or more, from the back of sidewalk or, if there is no sidewalk, from the back of curb, in order to discourage drivers from attempting to park on apron of inadequate depth. To Clarify item one above staff recommends the following language: Garage and carport entry setback: The minimum setback for a side entry garage or carport shall be five (5)feet, for a front entry garage the minimum setback shall be seventeen (17) feet, measured from the back of sidewalk or, if there is no sidewalk,the minimum setback shall be twenty (20) feet from the back of curb, in order to discourage drivers from attempting to park on apron of inadequate depth. 2. Fences and walls, maximum height: 1. Within areas where main buildings may be placed: Same as the main building height limit. Staff recommends Thigh height limit. 2. Within front setback area: Three-and-one-half (3'/z) feet Page 12 ! ,jg maximum, except on flag lots where the maximum height may be six (6) feet within that portion of the front setback abutting the area where a six-foot(6) high fence is permitted on the abutting lot, when such area is not adjacent to the garage driveway. Sound attenuation barriers may exceed six (6) feet as required by the Director of Planning and Zoning. 3. Within other setback areas (except alleys): The maximum height shall be six(6)feet,except that this maximum may be exceeded when higher walls are required by the Director of Planning and Zoning, for the purpose of noise mitigation or other health and safety measures. 4. Along alleys: Seven (7) feet maximum height. 7. Property maintenance standards: Same as Palm Springs Zoning Ordinance Section 92.01.04 (Property Maintenance Standards). Landscape Plan The Conceptual Landscape Plan for the Palm Springs Classic describes the various landscape palettes and features associated with various aspects of the project area, including street scenes, project entries,the golf course,the Resort Village area,the Golf Village residential neighborhoods, buffer zones, and the Whitewater River levee. The overall approach to the landscape plan is to promote the resort lifestyle while maintaining and preserving the essence of the desert. To achieve this, lush and water efficient plantings will be incorporated to create a theme consistent with the native desert. The plan considers control of blowing sand and use of water efficient irrigation. On- site imitation will utilize reclaimed water from the DWA water treatment facility. The philosophical and practical approach to the landscape design is based upon the division of the plant palette establishing landscape zones according to their intended uses. These zones are organized into a hierarchy of plantings as shown on the landscape plan. Traditional plantings, consisting of lush varieties compatible with the desert climate, will be planted in the Resort and Golf Villages to reinforce the resort and golf lifestyle setting. Drought-tolerant transitional plantings, consisting of lush and efficient non-native and indigenous species, will be planted throughout the project area, but especially in native areas of the golf course. The landscape will include lakes and ponds. As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and Planning Commission. Circulation Plan Off-site Circulation The off-site circulation for the Classic is provided by Gene Autry Trail, a 105' Major Thoroughfare, which is designated as State Highway 111, and by Vista Chino, a 100' Major Thoroughfare. The basic improvements including curb and gutter and a center median island are presently in place for Gene Autry Trail. A landscaping program for the median island has been approved by the City and Caltrans and is awaiting implementation. Bicycle and pedestrian facilities will be installed as part of the project on both streets. Vista Chino is partially improved adjacent to the site and the completion to City standards will be required by the project. Gene Autry Trail improvements will Page 13 require approval by Caltrans, as well as the City. Additional off-site circulation will be provided by San Joaquin Drive, a road shared by Palm Springs and Cathedral City, as well as Chia Drive and Tachevah Drive that will share access with existing business park offices and other future uses. San Joaquin Drive will provide access to the golf maintenance area and will be required to be completed during the first phase of the development. Sunline Transit provides bus service to the site and will require the installation of bus turnouts and shelters. The shelters will be located at the southeast corner of Gene Autry Trail and Vista Chino Road and at the northeast corner of Classic Drive and Gene Autry Trail. Shelters will be required to be custom design in keeping with the design character of the project. Signalization will be required at both main entries and possibly at Chia Road if the hotel is constructed. In addition to the two main access points at Vista Chino and Gene Autry Trail at the Skywest Hush House, full access to the project may be established at Chia Road and Tachevah Drive. Two limited access (right-in/right-out)will be established for the candidate hotel site; one on Gene Autry Trail approximately 400 feet north of Chia Road and one on Vista Chino approximately400 feet easterly of Gene Autry Trail. The residential areas may have card-actuated access at the two full access locations. On-site Circulation The on-site roads will be private with gates located at the two main project entries. Gating may also be introduced at the entry to the candidate hotel site, as well as at each separate planning area. The entries will be designed to safely stack a large number of vehicles and allow project traffic to completely exit the adjacent public roads. Turn around areas will be provided at both entries to allow an easy exit for any traffic that does not gain access. These gates are required to establish the appropriate security and ambience given the mixed-use neighborhood around the Classic,as well as to protect the quality and investment of the golf course located within the project area. Open access to pedestrian and bicyclists will be provided throughout the project to promote a recreation resort atmosphere and to encourage non-motorized travel. The on-site circulation concept for the Classic is organized around a spine road system connecting the project from a main entry off of Vista Chino all the way to the southerly entry on Gene Autry Trail. This road, including the main project infrastructure, will be installed with the phase one improvements and will serve the development from the beginning. The spine road will insure a smooth traffic flow and also to make bicycling and walking safer and more enjoyable. In addition to the two main project entries, the project may also take advantage of Chia Road and Tachevah Drive, both as the primary access point for the Candidate Hotel property(Chia Road) and also for exiting from the residential areas (Chia Road and Tachevah Drive). Each of the individual residential areas will then be served by pedestrian friendly streets connecting to the main spine road. These streets will be calm corridors for vehicles and pedestrians alike in keeping with the resort lifestyle of the project and will interconnect the various community elements. In addition to the residential streets that will allow parking on both sides, narrower residential lanes with parking on one side only will be used to maximize frontage on golf and other open space features. These lanes will be relatively short in length and will maintain fire department access standards. Page 14 The streets within the project will be private. The main project spine street (including entries) will provide pedestrian and bicycle access connecting the project from north to south. The residential streets and lanes will provide those facilities within the street section and will be constructed to the City of Palm Springs street standards and will provide pedestrian and bicycle connectivity to all the residential neighborhoods. Pedestrian access from the site is limited on Vista Chino. Presently, no sidewalks exists between . Gene Autry Trail and Volturmo. As a condition of approval, staff recommends requiring the construction of this off-site improvement as part of the first phase of the development. Phasing Concept The proposed project will occur during a 5- to 10-year build-out period, depending on market conditions. The Golf Course and a portion of the Golf Village will be in the first phase, with subsequent phases reflecting absorption and demand for hotel and tourist commercial facilities. Grading/Drainage Concept The Palm Springs Classic will be mass graded in a manner to create a golf course planned as a high level golf experience. The grading will be designed to conduct the surface flows tributary to the site safely through the project, while protecting real estate from flooding. While possible, it is not the intention of the grading concept to retain tributary storm waters and incremental run off on- site. The intent is to convey these flows to the Whitewater Channel while limiting the impact of drainage on the usage of golf facilities. The completion of the lining of the Whitewater Channel eliminates the potential inundation of the site from the main channel flow. Thus, the grading plan now only has to protect the site from the tributary flows not otherwise captured in the City's storm drain system. This is a significant and positive change from the conditions that existed at the time of the approval of the previous Classic project. The magnitude of the remaining flow tributary to the site is due partly to the lack of implementation of the Master Plan of Drainage in the area north of San Rafael Drive(Line#3). Those off-site flows tributary to the site are approximately 1,000 cubic feet per second (c.f.$); most of which enter the northerly boundary of the site just west of the Whitewater Channel levee on Vista Chino Road. Upon completion of the upstream portions of the Master Plan of Drainage, these flows will be reduced to approximately 456 c.f.s. thereby insuring a significant over capacity. Depending on the final land plan,there may be a need for retention or detention of incremental run off for the area southerly of Master Plan of Drainage Line#32 since that area will probably not be able to drain back to an inlet to the Channel. The southerly area of the project has enough golf area to accommodate retention/detention areas. Construction of the golf course will require the moving of approximately 1.2 million yards of dirt. The course will be lowered an average of 4 to 5 feet below grade while the adjacent real estate will Page 15 be elevated 4 to 5 feet thus creating an average grade differential of 9 feet between golf and adjacent uses. The intent is to balance grading on site. An important premise is the grading design will at a minimum, allow the tees and green areas to remain unflooded in a 100-year storm. In order to reduce the impacts of nuisance water, dry wells and other techniques will be employed to contain the development of stagnant ponding, and marshy conditions. In addition to the golf located westerly of the Whitewater Channel levee, a golf driving/practice range and future golf expansion is proposed within the Channel. The grading design will meet the requirements of the Coachella Valley Water District, and the Riverside County Flood Control District, and ensure that adequate channel capacity is maintained. The entire wash area will eventually be graded to build the project; with the first phase being approximately 22 acres for the driving range and practice facilities. The residential areas will generally drain to the golf course areas where the storm flows will be collected and conducted to the Whitewater Channel. In some cases, storm drain pipes will be employed where feasible to connect into the Whitewater Channel side inlets that were constructed as part of the levee improvements. The on-site private streets will also be used to conduct flows to the approved drainage system, however,the flows must be contained within the private right-of- way. Flows shall not exceed the ability of the street right-of-way to carry the water. Properties abutting the golf course or other candidate landscape areas may drain storm run off directly to the open space area rather than routing the water to the street. The properties adjacent to the levee may be elevated to be at or near the top of the levee elevation to improve views as well as eliminate the sense of being below the levee. The Palm Springs Classic planning area includes a portion of the Whitewater Storm Channel. Since the original approval of the Palm Springs Classic and the certification of its EIR, the channel has been hard-lined along the entire length within the City of Palm Springs and the area is considered free from flooding from the Whitewater River. The City of Palm Springs,along with the Riverside County Flood Control District, has continued implementation of the City's Master Plan of Storm Drains for the area including the installation of Line 4 in Vista Chino Road from westerly of Sunrise Way to its terminus at the Whitewater Storm channel levee. The City's Master Plan of Drainage is designed on the concept that the 10-year storm is directed to underground storm drains with the differential of the 100-year design storm being contained within the right-of-way of surface streets. The Palm Springs Classic is affected by both planned storm drains (Lines 30, 31, and 32) as well as surface flows from the areas street system, refer Exhibit 12, Flood Control and Drainage Features. Until Line 3 (San Rafael Road) is installed, the majority of the storm flow of the northerly portion of the City is tributary to the Classic. The majority of this flow, calculated at approximately 1000 c.f.s., is designed to be taken onto the Classic site at a low point in Vista Chino westerly of the Whitewater River and conducted into the golf course. The residential and resort development areas will be designed to direct their storm flows toward the nearest golf course areas. The golf course will be designed to conduct, retain and in some cases detain flood flows calculated at approximately 100 acre-feet. The flows in some cases will be conducted directly to the Inlet Channels that parallel the main levee. These inlet channels align with the proposed locations of Lines 30, 31, and 32 per the City's Master Plan of Page 16 11 � �� Drainage. If the upstream portions of the master plan of drainage are implemented, it would be possible to reevaluate the required drainage capacity needed through the golf areas and possibly modify the drainage needs in one or more portions of the site. Of the three proposed storm drain lines, only Line 31 extends off the Classic property. Lines 30 and 32 can be dealt with entirely on-site and may be eliminated altogether depending on the final hydrology design. Line 31 extends westerly of Gene Autry and provisions will be made to accept the future flows from this drainage near the Desert Sun headquarters building. Park and Recreation Fees All residential development contributes to new park and recreation impacts. Therefore all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. Existing and Proposed Overhead Utilities All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. ENVIRONMENTAL REVIEW AND NOTIFICATION: An Environmental Assessment and Mitigated Negative Declaration (EA/MND)have been prepared for the proposed project and are tiered on the original environmental impact report (EIR) 1994, SCH 9404274. The Palm Springs Classic Planned Development and Final Environmental Impact Report was.certified by the City Council in August of 1994. With regard to most issues, the analysis and mitigation measures from the Final EIR adequately analyze the current proposal. Additionally, the Final EIR identified three environmental impacts which cannot be avoided or mitigated to a level less than significant; when the City Council certified the EIR in 1994, the Council also adopted a statement of overriding considerations regarding these impacts on water quality, water consumption and air quality(please refer to Final EIR for discussion of these issues and exact mitigation measures). An Environmental Assessment/ Negative Declaration has been prepared for the current proposal updating information from the Final ElRand providing new oradditional analysis as appropriate due to the amended portions of the PDD. The Environmental Assessment was and is being circulated for public comment period between May 5'", 2003 and June 5", 2003, prior to the Planning Page 17 114421 Commission and City Council public hearings respectively (please see letters received and responses regarding the Environmental Assessment,Attachment 4). It has been concluded from the Environmental Assessment that a Negative Declaration is appropriate for the proposed amendment, such that the EIR of 1994 thoroughly analyzed the basis for this current project and that the current changes do not result in any new significant effects on the environment which cannot be mitigated. The following issues are some of the potential environmental concerns of the current proposal. For a complete discussion and identification of all impacts and mitigation measures please refer to the Environmental Assessment, the Mitigation Monitoring Program and the Final EIR. The Initial Study/Environmental Assessment prepared for the proposed project indicates that unless mitigation measures are incorporated, potentially significant impacts could occur to attributes of the following environmental impact categories: Land Use and Planning; Geologic Problems; Transportation/Circulation; Biological Resources; Hazards; Noise; Public,Services; Utilities and Service Systems; and, Aesthetics. The subject Initial Study/ Environmental Assessment also indicates that the mitigation measures required to be implemented by the proposed project will reduce these potentially significant impacts to less than significant levels. These are contained in the Mitigation Monitoring Program, Exhibit 5. Potentially significant Land Use and Planning impacts will be mitigated through approval of the requested General Plan Amendment described previously, the designation of an Open Space buffer on all residential areas abutting property designated for industrial uses, and adherence all City architectural approval protocols associated with the Planned Development District process. With regard to potentially significant impacts associated with Geologic Problems, they will be mitigated to less than significant levels via: required compliance with all applicable building codes and standards adopted by the City; adherence to all site grading recommendations provided in geotechnical reports prepared for the proposed project; appropriate structure setbacks from, and pad elevations above, all lakes; the inclusion of design features to minimize potential fluvial erosion; the establishment of wind breaks; the preparation and implementation of an erosion control plan; and, obtaining requisite hazardous materials transportation, handling, storage and disposal permits. Potentially significant Transportation/Circulation impacts will be mitigated via,among others:either constructing,or,on a fair-share basis,contributing to the construction of,specifically identified local and area-wide roadway and/or intersection improvements;participation in the TUMF program;the incorporation of internal circulation and site access components designed to facilitate traffic calming; the construction of a Class 11 bikeway; and compliance with all applicable parking provisions of the Palm Springs Municipal Code. Potentially significant Biological Resources impacts will be mitigated via payment of a per-acre fee as required under the Coachella Valley Fringe-Toed Lizard'Habitat Plan and obtaining a Section 404 Permit from the federal government as well as a Streambed Alteration Agreement from the California Department of Fish & Game. Potentially significant Hazard impacts involve the storage and use of various hazardous substances, flooding and the project site's location within the Palm Springs International Airport Critical Zone. Said potentially significant impacts will be mitigated via: the preparation of a Wildlife Management Program; providing evidence to the City that the project meets all FAA requirements; Page 18 # 46212, and, compliance with all CA Department of Transportation requirements for the design and installation of any project-related gasoline storage or dispensing devices. Potentially significant Noise impacts will be mitigated to less than significant levels via: compliance with Palms Springs Noise Ordinance Palms Springs General Plan Noise Element provisions; the application of appropriate noise attenuation strategies for identified sensitive noise receptors; and, compliance with all applicable "N" zone requirements. Potentially significant Public Services impacts shall be mitigated to less than significant levels via; meeting all fire flow and exterior building materials requirements; designing and constructing all structures, landscaping, water mains, hydrants, automatic fire sprinkler systems and streets in accordance with Palm Springs Fire Department rules and regulations; providing an irrevocable offer to dedicate a one acre fire station site to the City;payment of all required SB50 fees(school impact fee); and, purchasing PSPL cards in sufficient quantities to meet visitor requests for library usage. Potentially significant Utilities/Service System impacts shall be mitigated to less than significant levels via: complying with all applicable City requirements regarding water system/supply, sewer system, and electricity delivery system improvements; participating in the Palm Springs curbside recycling and green waste collection program;complying with all applicable provisions of the CVAG Integrated Waste Management Plan Source Reduction and Recycling and Household Hazardous Waste Elements and all other regulations associated with solid and hazardous waste transportation, handling, storage and disposal; compliance with all Title 24 requirements; paying fair-share fees to construct requisite SCG facilities; considering employing SCG energy conservation programs;and,to extent practical,facilitating concurrent construction telephone and cable facility construction. Potentially significant Aesthetics impacts shall be reduced to less than significant levels via: incorporating appropriate desert-oriented building materials/colors and native plants into the project design; utilizing native plant species to the extent practicable; the creation of a landscape plant palette which creates and maintains the view corridor from Gene Autry Trail into portions of the project; compliance with all applicable City Lighting Ordinance provisions; the use of night lighting compatible with Palm Springs International Airport flight operations; the use of irregularly spaced golf course lights; stepping back all high rise buildings at 45 feet; and, adherence to appropriate open space and building height criteria. In addition to the foregoing, it is also noted that as with the previous Final EIR, the subject Initial Study/Environmental Assessment identifies two unavoidable significant effects: Water and Air Quality. A discussion regarding these two environmental issues follows: Water Impacts: The Final EIR identifies the consumption of the non-renewable resource of water to be an unavoidable significant impact;as such,the City Council adopted a statement of overriding considerations regarding this impact with the certification of both the Final EIR for the PDD and for the Final EIR for the City of Palm Springs General Plan Update. Mitigation measures are set forth in the Environmental Assessment which do aid in reducing the use of water as much as possible. As a result of recent evaluation of the proposed project by the DWA, based on its on-going management plans, it has been found that the Palm Springs Classic is considered in its water management plans and the DWA has determined that there is sufficient water supply for the project. Therefore, the proposed project will not have significant new impacts on water. Page 19 // *4 Air Quality Impacts: The final EIR identifies the direct or indirect long term (result of buildout of the proposed project)occurrence of CO, ROC and Nox as cumulative unavoidable significant impacts associated with the project. Although it is not possible to mitigate these impacts to a level of insignificance, adherence to the SCQAMD "Rules and Regulations" and compliance with locally adopted AQMP and PM10 SIP control measures will substantially reduce, but may not eliminate, these significant air quality impacts. The proposed project has reduced impacts for NOX, CO, RO.0 and SOX emissions, in comparison to the original Palm Springs Classic due to reduced trips. Therefore, the proposed project will not have significant new impacts on air quality. SUMMARY: The project complies with the adopted General Plan and meets the City and project goals by providing a mixed-use recreational resort development. The economical impacts of the project will be beneficial and contribute to the City. The project promotes a variety of housing types and densities thereby improving housing opportunities for existing and future residents of the City Page 20 OF PALM S,A� City of Palm Springs Department of Planning & Zoning cA pt MEMORANDUM Date: June 11, 2003 To: Planning Commission From: Director of Planning and Zoning Re: Case 5.0666-B-PD-231, The Palm Springs Classic, Design Guidelines RECOMMENDATION: That the Planning Commission recommend that the City Council approve the Palm Springs Classic Design Guidelines, subject to the following minor revisions: 1. Page 41 - Item #1, Include berm and wall design with accompanying note regarding code requirement for screening of parking area. 2. Page 41 - Item #2, Add note stating that 20' open space requirement adjacent to residential uses is required in adjacent to industrial uses, in addition to the otherwise required setbacks. 3. Page 41 - Item #4, Dimension for landscape parkway should read 'V-0" minimum', not "main". 4. Page 42 - Item 4a, A 10' landscape setback to single family residential located along Gene Autry Trail is not sufficient. All R-1 zones require a minimum 25' rear setbacks to Major Thoroughfares. The note should also be revised to allow for a range in wall heights along Gene Autry Trail, from 6'- 0" to 8'-0" in height. 5. Page 42 - Item #5, Eliminate tall landscape berm on street frontage on Gene Autry Trail to provide for through-views to the golf course. 6. Page 42 - Item #7, Allow a range of wall heights from 6'-0" to 8'-0". 7. Page 43 - Item #9, Dimensions to street should reference proposed setback provisions provided in the accompanying project description, including the proposed 3:1, 2.5:1 and 1:1 setback provisions. 8. Page 44 -Add note that all lighting shall be in compliance with Section 93.21.00, Outdoor Lighting. 9. Page 45 - Add text stating that parking adjacent to streets shall be adequately screened by walls, berms or combination thereof. /apm � APr CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES June 11, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 02-03 This Meeting to Date Excused Absences Philip Klatchko, Chair X 21 2 Jon Caffery, Vice Chair 19 4 Mark Matthews X 19 4 Jon Shoenberger X 21 2 Jerry Grence X 20 3 Dianne Marantz X 21 2 Tracy Conrad X 22 1 STAFF PRESENT: Douglas R. Evans, Director of Planning & Zoning Alex Meyerhoff, Principal Planner Jing Yeo, Associate Planner Gabriel Diaz, Assistant Planner Marcus Fuller, Senior Engineer Michele Boyd, Administrative Coordinator Chairman Klatchko called the meeting to order at 1:43 p.m. The June 11, 2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Zoning counter by 4:00 p.m., June 06, 2003, APPROVAL OF MINUTES: M/S/C (Marantz/Shoenberger4-0, 2 abstentions, 1 absent)to approve the minutes of the May 14, 2003 meeting as presented. Page 6 of 9 Planning Commission Minutes June 11, 2003 Case 5.0666- B, PDD-231—TPM 30928—Application by Pat Blew, PS Investment Company, LLC for a General Plan Amendment to change the land use designation from IND(Business/industrial) to L4 (Low Density Residential - 4 dwelling units/acre), L6 (Low Density Residential - 6 dwelling units/acre), M8 (Medium Density Residential - 8 dwelling units/acre), and H30 (Medium-high Density Residential-30 dwelling units/acre), and amend the General Plan text including Policy 3- 30-13, to allow a Preliminary Planned Development District for a mixed use project composed of an 18 hole golf course, driving range including related uses and golf expansion area,450 hotel and vacation ownership units and related visitor serving office, retail uses, support facilities, and 1,450 residential units, including single family and multiple-family homes, and a one acre fire station site, a Tentative Parcel Map for financing purposes, and a request to vacate the westerly 15' of the existing 40'wide right of way adjacent to the project site on San Joaquin Drive, on Approximately 460 Acres, southeast corner of Vista Chino and Gene Autry Trail(Highway 111),W-M-1-P,W-0-5, W Zones, Sections 7 and 18. Commissioner Shoenberger abstained due to a conflict of interest as his lawfirm represents a party with interest in the subject property and he left the meeting. Director reported that the Planning Commission reviewwill include a large development project and Master Plan concept— essentially a Master Development Plan with development standards—and all future development proposals will come before the Planning Commission for review and approval. He thanked commission members for reviewing the voluminous reading material for this project in preparation for today's public hearing. Alex Meyerhoff, Principal Planner, reviewed the staff report and exhibits for the Planning Commission. He reviewed the background and previous approvals for development of this site and noted revisions from those approvals and entitlements. He confirmed that the Final Environmental Impact Report was certified by the City Council and that the subject application poses no new unmitigated significant impacts. He confirmed that staff has received no comments from public agencies or the public with the exception of one phone call from Cathedral City to inquire about project boundaries. He reported that future plans for the 1,450 residential unit project include golf and resort hotel amenities (e.g. spa, restaurants, etc.) and a Sonoran Desert eco-system landscape plan. He clarified that the Highrise Ordinance limits building height to a maximum of 65 feet and stated that the proposed Conditions of Approval include a provision requiring a maximum of eight years to realize the objective of the resort hotel prior to shifting to other residential uses. He reviewed setbacks, site coverage, and circulation plans. He stated that the City Attorney's office is working with staff on the issue of parkland space dedication/fees. He stated that the project complies with City goals and the General Plan by providing a mixed-use recreational resort development with a variety of housing types and that the economical impacts of the project will be beneficial to the City and existing and future residents of the City. Regarding access roadways into Cathedral City, staff reported that there is a 42-acre site located between the southern property line which is approved for industrial use. In addition, staff reported that San Joaquin Road is shared equally by the Cities of Palm Springs and Cathedral City and that the street improvements constructed by this project will benefit the entire area. Chairman Klatchko opened the Public Hearing. Mr. Pat Blew, applicant, addressed the Planning Commission to state that the development team /1 *4 n''1 Page 7 of 9 Planning Commission Minutes June 11, 2003 has resolved many issues over the past productive and busy year. He complimented City and staff for requiring a quality project and supporting the development team throughout the process. He stated that the golf course designer, Origins Golf, is teaming with FORMA, resort designers, on the project. He stated that the development team would like to begin construction before the end of the year due to PM-10 reasons and stated that working drawings of the golf course and grading plans are already being produced. He urged the Planning Commission to approve the project. Mr. Charlie Davis, Origins Golf, addressed the Planning Commission to state that his team is excited to be here in the City of Palm Springs with this opportunity. He stated that his company works on resort-quality golf courses on a world-wide basis and that a golf course can drive a project; however, a residential master planned community can also support a golf course. He commented that the Coachella Valley is steeped in golf and that the proposed golf course will be of the highest quality and benefit the community and Southern California, noting that the ample land available will allow a Par 72 course greater than 7,100 yards. He commented that the views from the course will be awesome and that the City will be proud of the finished project. He thanked the commission and urged their approval. Mr.Van Stevens, President, FORMA, addressed the Planning Commission to state that the project has been designed around the golf course and includes an intimate, pedestrian-friendly neighborhood feel with extensive amenities (including the golf course landscaping program, perimeter landscape program, regional trails, gated periphery with full pedestrian access throughout the entire project, and traffic calming devices incorporated into the project roadway system. He referred to the project as a resort village and stated that there will be varied home styles and price differences and asked the Planning Commission for flexibility in the development standards. He stated that the lower (southern) portion of the project will be a single family residence neighborhood with smaller lot sizes than in other similar Southern California developments. Marvin Roos, Mainiero, Smith &Associates, addressed the Planning Commission to thank them for their consideration and review of the project and thank staff and contract planner, Mike Peroni, for their hard work on this application. He stated that there is an existing DWA tertiary water line which may be available for this project. He submitted a written request for several modifications to the Conditions of Approval. Mr. Donald Broadhurst addressed the Planning Commission to state that he is a volunteer at the Palm Springs Air Museum and that he supports the golf course but is concerned about the impact on traffic on Gene Autry Trail and Vista Chino as it is currently overly crowded on a daily basis. He also stated that flooding on Vista Chino and Gene Autry Trail may be more problematic if traffic is increased. Mr. Jim Stewart, Group One Realty, addressed the Planning Commission to state that he supports the proposed project and does not feel it will be detrimental to the adjacent property as those properties will be built to maximum capacity in the near future. Mr. Dave Darrin, Schlecht, Shevlin, &Shoenberger, addressed the Planning Commission to state that he represents a client with interest in this property and that his client is happy that the proposed development is progressing productively. He also commented that this will be the first time, in his memory, that a new housing development will be built in the City of Palm Springs that h A �� Page 8 of 9 Planning Commission Minutes June 11, 2003 will be affordable and attractive to families with children. There being no further appearances, the Public Hearing was closed. The meeting was recessed at 3:25 p.m. and called back to order at 3:40 p.m. Director clarified that exhibits represent conceptual plans only and that final development plans will be brought to Planning Commission for review in the future. He responded to Mr. Roos' written request for amendments to the proposed Mitigation Monitoring Program and Conditions of Approval. Commissioner Marantz commented that it would be advisable for the developer to consider drought-tolerant landscape design despite being centered around a golf course. She stated that she was glad to see the project moving forward again. Chairman Klatchko asked the applicant to address circulation issues including pedestrian access, bicycle routes, gating, etc. Mr.Stevens stated that keeping the development pedestrian-friendly is a complicated task as gates will be used for traffic calming in addition to round-abouts and angled turn-abouts. He stated that there will be special walkways and paths to get to the clubhouse which will be bike and wheelchair accessible. He stated that the Gene Autry Trail and Vista Chino entries will be fully-staffed security points for the project and no general public members will be admitted (i.e. only owners, renters, amenity users, hotel guests, etc. will be granted access) and stated that the requirement for an equestrian trail is problematic unless external to the project. He stated that the project neighborhood is designed to have an intimate feel. Chairman Klatchko stated that he felt the equestrian and bike trails are necessary for this area. Commissioner Matthews agreed and stated that he believes there will be an acceptable solution to provide both access to trails and security for residents. Commissioner Matthews emphasized to the applicant that the City prefers a hotel use in this area. M/S/C(Matthews/Marantz 5-0, 1 abstention, 1 absent)to approve subject to Conditions of Approval in Staff and Design Guidelines Reports; and 1. Condition No. 8 shall be amended to include requirement for a disclosure statement for the surrounding M-1-P zoned property as well; and 2. Offsite sidewalks on Vista Chino to be required at time of first phase of residential construction; and 3. Condition No. 16 shall be amended to allow for the dedication of an easement to provide the required paths for bicycle and equestrian use; and 4. Condition No. 22 shall be amended to set forth a period of five years to seek a hotel user from the time of completion of the golf course; and Page 9 of 9 Planning Commission Minutes June 11, 2003 5. Condition No. 40 shall be deleted; and 6. Condition No. 48 shall be deleted; and 7. Condition No. 51 shall be amended to require applicant to provide commercial and residential tenants the Conditions of Approval; and 8. Condition No. 87 shall be amended to require the intersection at Gene Autry Trail and Classic Drive be designed in coordination with existing airport users. Chairman Klatchko called the applicant to the podium. To Mr. Stevens, Chairman Klatchko reiterated that, at the time of final design, the Planning Commission has clearly expressed the desire to experience("see and feel')the golf course from Gene Autry Trail. Mr. Stevens stated that the view corridor will be respected; however, the errant ball issue and CalTrans requirements will have an impact on the final design. * * W W * 1� *43a The Palm Springs Classic MMP Page 1 PALM SPRINGS CLASSIC PLANNED DEVELOPMENT DISTRICT MITIGATION MONITORING PROGRAM (MMP) WATER Measure 1: The project shall be committed to the reclaimed water system for irrigation, from the DWA's tertiary treatment plant to the project site prior to opening of the golf course. The design of the reclaimed water transmission line shall be acceptable to the DWA. The project proponent shall be reimbursed for the unused capacity of the pipeline by future development in the area that uses reclaimed water from the line on a fair-share basis. Implementation: The applicant's project shall be committed to service by a reclaimed water system for irrigation acceptable to DWA. The applicant shall provide design plans to the DWA prior to issuance of grading permits. The applicant shall be reimbursed by DWA for the unused capacity of the pipeline by future development in the area that uses reclaimed water from the line on a fair-share basis. Compliance Record: Time Period: For the life of the project. Monitoring Department(s) or Agency(ies): Desert Water Agency and the City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 2: For the life of the project and during landscaping design and installation, the project operators shall meet all the requirements of the City's Water Efficient Landscape Ordinance Implementation: The applicant shall submit a detailed landscape and irrigation plan to the City Planning and Building Department which shall meet the requirements of the City's Water Efficient Landscape Ordinance (No.) Compliance Record: Time Period: For the life of the project. Monitoring Departments (s) or Agency(ies): City of Palm Springs Planning and Building Department. h �' f The Palm Springs Classic MMP Page 2 Date Completed and Signature of Responsible Person(s): Measure 3: Prior to occupancy permit issuance, the applicant shall install water conserving fixtures and appliances and shall submit written evidence to the City's Planning and Building Department indicating that this has been done. Implementation: Prior to the issuance of occupancy permits, the applicant shall submit written proof to the City's Planning and Building Department that water conserving fixtures and appliance have been installed in all buildings. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 4: Prior to issuance of grading permits, the applicant shall submit for City approval a grading and drainage plan that a. Provides for an inlet at Vista Chino Road. The capacity of the facility is 1304cfs, to accommodate the 100-year flood. From Vista Chino Road to the golf course, a landscape swale will be graded to create a broad, shallow swale to deliver this flow to the first fairway retention basin. To passers-by, this swale will appear as landscaped areas and dry wash. There will be no obvious signs of channelization. b. Provides for on-site convergence (within and outside the golf course), detention/retention facilities, site inlets to the Whitewater River, and identifies which lines (line 30, 31 and 32)will be utilized to convey floods to the Whitewater River. C. Provides for adjustments to Storm Drain alignments to accommodate proposed grading. d. Provides for on-site water quality wetlands. Implementation: Prior to the issuance of grading permits, the applicant shall submit to the Public Works Department a grading and drainage plan that provides for an inlet at Vista Chino Road; Provides on-site convergence (within and outside the golf course), detention/retention facilities, site inlets to the Whitewater River, and identifies which lines will be utilized to h, A The Palm Springs Classic MMP Page 3 convey floods to the Whitewater River ; Provides for adjustments to Storm Drain alignments to accommodate proposed grading; and provides for on-site water quality wetlands. Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): ,Measure 5 Prior to the issuance of grading permits, the project applicant shall have designed, and submitted to the City for approval, a proposed final drainage plan consistent with the City's Flood Prevention Ordinance and any other City flood control standards. Implementation: Prior to the issuance of grading permits, the applicant shall submit to the Engineering Department and Riverside County Flood Control and Water Conservation District (RCFC & WCD), a final drainage plan for review, which is consistent with the City's Flood Prevention Ordinance any other City flood control standards, and those standards set by the RCFC & WCD. Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) of Agency(ies): Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 6: . Prior to the issuance of grading permits within the Whitewater Channel, the project applicant shall have designed drainage plans and grading plans within the Whitewater Channel that are coordinated with findings of the study being prepared for the existing Cimarron golf course, and meet criteria of RCFC&WCD as to design to meet standard floods, and ensure that capacity continues to meet FEMA criteria (ensure that FEMA does not decertify the levee). Implementation: Prior to the issuance of grading permits within the Whitewater Channel, the project applicant h The Palm Springs Classic MMP Page 4 shall submit designed drainage and grading plans (within the Whitewater Channel) to the City of Palm Springs Public Works Department and the Riverside County Flood Control and Water Conservation District (RCFC & WCD). The plans will be coordinated with the findings of the, study being prepared for the existing Cimarron golf course and the plans must also meet the criteria of FEMA as well as the agencies listed above. Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) of Agency(ies): Riverside County Flood Control and Water Conservation District(RFC &WCD) and the City of Palm Springs Public Works Department. Date completed and Signature of Responsible Person(s): Measure 7: The golf course operator shall implement a flood-warning program to ensure all people and equipment are removed from the Whitewater River Channel prior to flood events. Implementation: During the life of the project, the golf course operator shall implement a flood-warning program to ensure all people and equipment are removed from the Whitewater River Channel prior to flood events. Compliance Record: Time Period: During the life of the project. Monitoring Department(s)or Agency(ies): The Golf Course Operator Date Completed and Signature of Responsible Person(s): Measure 8: Drainage acreage fees shall be paid upon issuance of a building permit. To the extent the applicant installs regional improvements (acceptable to the District and City of Palm Springs, and part of the Master Plan of Drainage), the applicant is eligible for credit against the total fees. Implementation: The applicant shall pay drainage acreage fees to the City of Palm Springs Planning and Building Department upon issuance of a building permit. To the extent the applicant installs regional improvements (acceptable to the District and City of Palm Springs, and part of the Master Plan of Drainage), the applicant is eligible for credit against the total it A y The Palm Springs Classic MMP Page 5 fees. Record of Compliance: Time Period: Upon issuance of a building permit. Monitoring Department(s)or Agency(ies): The City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Persoh(s): Measure 9: The project applicant and project operators shall implementthe construction site Best Management Practices(BMPs), source control BMPs and treatment control BMPs as described below, prior to issuance of occupancy permits and for the life of the project. Construction Site BMPs: Prior to the commencement of grading and construction, the applicant shall obtain coverage under the State Water Resources Control Board General Construction Activity Storm Water Permit. The applicant shall ensure that a storm water pollution prevention plan (SWPP)is prepared before construction begins, is implemented, and is maintained and shall be updated throughout the construction period. The SWPP will identify potential pollutant sources on the site, show the location of management practices to be used to minimize erosion and sedimentation during construction, describe measures which eliminate pollution of storm runoff by any chemicals and materials used during the construction process, and shows areas of long-term post-construction control measures. Source Control BMPs: Development operators shall develop and implement procedures for the use,storage and disposal of cleansers,chemicals and materials which could potentially become pollutants. Implementation will include the remaining of staff. Pollution prevention plans shall include:materials inventory, spill cleanup plans, maintenance of drainage facilities, irrigation management and careful and economical use of fertilizers, herbicides and pesticides in accordance with label instructions. On the golf course, irrigation water shall be monitored to (1) minimize the runoff of excess water, and (2) apply only as much water as needed by plants and to prevent salt buildup in the soil. Treatment Control BMPs: First flush storm runoff and nuisance flows shall be conveyed.to water quality wetlands as described in the proposed drainage plan. The wetlands shall be maintained in attractive functioning condition by the golf course maintenance staff. Implementation: Prior to the issuance of occupancy permits and commencement of grading and construction, the applicant shall implement Construction Site, Source Control and Treatment Control Best Management Practices (BMP's). In addition, the applicant must obtain coverage under the State Water resources Control Board General Construction Activity Storm Water Permit and provide proof of the permit to the City's Department of Planning and Building. The applicant shall prepare and submit the city, a Storm Water The Palm Springs Classic MMP Page 6 Pollution Prevention Plan(SWPP),implement procedures for the use,storage and disposal of hazardous materials, and convey first flush storm water runoff and nuisance flows to water quality wetlands and be maintained in a functioning condition. Compliance Record: Time Period: Prior to and during construction. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 10: Any pesticide application shall be administered by a trained pest control operator under the direct supervision of a State California Qualified Pesticide Applicator License(QAL)or Qualified Pesticide Applicator Certificate (QAC). Implementation: During the life of the project, if any pesticide applications are needed, they are to be administered by a trained pest control operator who is qualified, licensed and/or certified under the State of California to perform such work. The pest control operator shall have a valid business license form the City and provide proof that he/she is qualified by the State to conduct pest control services. Compliance Record: Time Period: For the life of the project. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date completed and Signature of Responsible Person(s): Measure 11: The QAL or QAC shall implement the following guidelines for the project site: • Storage-Pesticides shall be stored in enclosed areas, on impermeable surfaces protected form rain. In case of rupture of storage consigners, runoff shall be contained and any contaminated soil shall be properly disposed of in accordance with local, state and federal regulations. • Mixing and Loading-Precautions shall be taken to avoid spillage. If it occurs, the area shall be cleaned up as soon as possible. Spray tanks and other containers shall be triple rinsed and the rinse transferred into another vessel for use on a target site. Rinsed containers shall be disposed of in accordance with local, state and The Palm Springs Classic MMP Page 7 federal regulations. Check valves or air gaps shall be used on filling pipes to prevent back flow of contaminated water into water supplies. • Application-Pesticides shall be selected, whenever possible, which will have low solubility and degrade rapidly in the soil. Spray drift shall be avoided. Pesticide use shall be reduced by integrating chemical control with other methods of control and then only when an actual need for it has been identified.The frequency of pesticide application shall be reduced whenever possible. • Disposal-Excess pesticides or pesticide mixtures shall be transported and disposed of at a Class I disposal site. It shall never be dumped onto the ground or into drains, sewers, etc. • Irrigation Scheduling-Excessive use of irrigation water after pesticide application and irrigation water runoff shall be avoided. • Records-Records of the.quantity and type of pesticides used shall be maintained on permanent file at the site. Implementation: During the life of the project, any pest control operator who administers pesticides on the site shall implement all the guidelines mentioned above including.the storage, mixing and loading, application and disposal of pesticides. In addition, records of the quantity and type of pesticides used shall be maintained and permanently filed on site. All rules and regulations established by the Department of Agriculture and Pest Control Board of the State of California relating to pesticides shall be adhered to by the project. Proof that these rules and regulations are being followed shall be submitted to the City of Palm Springs Planning and Building department. Compliance Record: Time Period: For the life of the project. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 12: If a well is drilled on-site, it shall be sampled in the fall of each year and analyzed for organic chemicals in accordance with State of California administrative code Tile 22 drinking water regulations. Results of this testing shall be maintained in a permanent file at the resort and be reported to the Desert water Agency and the City of Palm Springs, in order that they may incorporate the sample results into theirdata base which can be accessed bywritten request to the agency or the city. Implementation: 11 *4 3 07 The Palm Springs Classic MMP Page 8 In the event that a well is drilled on site, it shall be sampled in the fall of each year for organic chemicals in accordance with the state of California Administrative Code Title 22 drinking water regulations. Results of the sampling shall be reported to the Desert Water Agency and the City of Palm Springs Public Works Department.The results of the sampling shall also be kept in a permanent file on site at the resort. Compliance Record: Time Period: For the life of the project, if well is needed. Monitoring Department(s) or Agency(ies): Desert Water Agency and the City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 13: In orderto reduce the potential volume of nitrogen leaching to the ground water because offertilizer application,only slow-release or controlled-release formulations shall be used. Before any fertilizer applications commence, the nutrients already in the soil shall be analyzed. Implementation: Prior to the installation of any landscaping, the applicant shall have a qualified engineer analyze the nutrients in the soils before the application of any fertilizers. The results of the soils analyzed shall be submitted to the City Planning and Building Department before final approval of the landscape plan. The applicant shall use only slow-release or controlled release fertilizers in order to reduce the potential volume of nitrogen leaching into the ground water. Compliance Record: Time Period: Prior to the installation of landscaping. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 14: The following Best Management Practices (BMP's) shall be utilized for pesticide products on common and other general landscaping and turf areas; • Applications shall be spot treatments and not broadcast applications. • Pre-emergent products which are nearly insoluble such as Ronstarand SurFlan shall be used for ground cover and shrub beds. The Palm Springs Classic MMP Page 9 • Dacthal, a herbicide,.shall not be used at the project because of its mobility in sandy soils and potential for leaching to underlying aquifers. • Insecticide applications to turf areas shall primarily consist of Dursban,which is not readily transportable. At least two days shall be allowed after application of insecticides before irrigating the affected area. • After treatment with 2,4-D;2,4-DP; and dicamba for control of broadleaf weeds, the area shall not be irrigated for at least 2 days. • Only light,frequent irrigations shall follow Daconil,a fungicide, application to greens and tees in order to prevent leaching of this product below the root zone. • Applications of pest management products shall be recommended by a licensed Pest Control Advisor (PCA), and applied by or under the direct supervision of a QAL. Implementation: During the life of to project, any person applying pesticide products on common and other general landscaped and turfed areas shall implement all of the Best Management Practices (BMP's) mentioned above. Any application of pest management products shall be recommended by a licensed Pest Control Advisor License (QAL)., Evidence of safe applications of pesticides, conducted by qualified operators, shall be reported to the City of Palm Springs Planning and Building Department. Compliance Record: Time Period: For the life of the project. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 15: The following BMP's shall be employed at the site for fertilizer products: • The use of slow release nitrogen sources such as Milorganite and ureaformaldehyde, shall; be a priority, while the fast release sources shall be avoided as much as practical. • Application rates greater than 0.25 pounds of actual nitrogen per 1000 square feet (10.9 Ibs/ac), using fast release sources of nitrogen shall be avoided. • Soil tests shall be conducted three times per year on greens and tees and once or twice per year on other turf areas to determine nitrogen requirements. 11r43 � The Palm Springs Classic MMP Page 10 Implementation: During the life of the project, the applicant shall use slow-release or controlled-release fertilizers in order to reduce the potential volume of nitrogen leaching into the ground water. Applications greater than 0.25 pounds of nitrogen per 1,000 square feet using fast release sources of nitrogen shall be avoided. Golf course maintenance crews shall be trained to conduct soil test on greens an tees (three times per year) and other turf areas ( once or twice per year)to determine nitrogen adequate levels: The results of the soil tests shall be reported to the City of Palm Springs Planning and Building Department and a copy kept in a permanent file on site. Compliance record: Time Period: For the life of the project. Monitoring department(s) or Agency(ies): City of Palm Springs Planning and Building department. Date Completed and Signature of Responsible Person(s): GEOLOGY AND SEISMICITY Measure 1: Habitable structures shall be designed by qualified professionals aware of the site's seismic characteristics. Building design shall incorporate all building codes and standards adopted by the City, as,well as any additional requirements as recommended by a qualified professional prior to the issuance of occupancy permits. Implementation: Prior to issuance of occupancy permits, the applicant shall have submitted detailed construction plans for approval, drawn by a qualified professional, which incorporate all building codes and standards adopted by the City's Planning and Building Department, as well as any additional requirements recommended by the qualified professional. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Monitoring Department(s) or Agency(ies); City of Palm Springs Planning and Building department. Date Completed and Signature of Responsible Person(s): Measure 2: The project applicant shall ensure that all the site grading recommendations specified in the Earth Systems Consultants Geotechnical Addendum Report for.the project(Technical Appendix per the The Palm Springs Classic MMP Page 11 tiered original (1994) Final Environmental Impact Report and associated Mitigated Negative Declaration)are adhered to, prior to the issuance of grading permits. These requirements include conformance with the Uniform Building Code and all pertinent City of Palm Springs ordinances, limits on cut and fill slopes to no more than a 2:1 slope, compliance with pertinent.OSHA and Cal/OSHA requirements for underground excavations, and review of all preliminary grading plans by a project geotechnical engineer and engineering geologist. Implementation: Prior to the issuance of grading permits and during construction,the applicant shall ensure that all the site grading recommendation specified in the GEOTECHNICAL report for the project are adhered to including, but not limited to, conformance with the Uniform Building Code and all pertinent City of Palm Springs ordinances, limits on cut and fill slopes to bo more than a 2:1 slope, compliance with pertinent OSHA and Cal/OSHA requirements for underground excavations, and review of all preliminary grading plans by a project geotechnical engineer and engineering geologist. Written proof of these implementation procedures shall be reported to the City's Planning and Building department. Compliance Record: Time Period: Prior to the issuance of grading permits and during construction. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Dat Completed and Signature of Responsible Person(s): Measure 3: The project applicant shall set all structures a minimum of forty(40)feet away and a minimum of five (5) feet above all lakes unless review of final lake designs (slopes and design) by a geologist acceptable to the city certifies alternate standards. Both measures shall be undertaken prior to the issuance of occupancy permits. Implementation: Prior to the issuance of occupancy permits, the project applicant shall set all structures a minimum of 40 feet away and a minimum of five feet above all lakes or otherwise designed by a geologist. Both of these measures should be noted on construction plans to be submitted to the City's Planning and Building Department for approval. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Monitoring department(s) or Agency(ies): City of Palm Springs Planning and Building Department. The Palm Springs Classic MMP Page 12 Date Completed and Signature of Responsible Person(s): SOILS Measure 4: The project applicant shall hire professional engineers to design preventative measures (gutters at proper grade, sediment catch basins, landscaping of grade slopes, etc.)necessary to minimize the potential forfluvial erosion.These preventative measures shall be incorporated into site grading plans prior to issuance of grading permits. Implementation: Prior to the issuance of grading permits, the project applicant shall hire professional engineers to design preventative measures (gutters at proper grade, sediment catch basins, landscaping of graded slopes, etc.) necessary to minimize the potential for fluvial erosion.These preventative measures shall be incorporated into site grading plans before submitting them to the City Planning and Building and Public Works department for approval. Compliance Record: Time Period: Monitoring Department(s)orAgency(ies): City of Palm Springs Planning and Building and Public Works Departments. Date Completed and Signature of Responsible Person(s): Measure 5: The project applicant shall develop and maintain wind breaks(either structural or vegetative)which are designed to allow access for periodic removal of accumulated debris, prior to the issuance of grading permits and for the life of the project. Implementation: Prior to the issuance of occupancy permits for the golf course clubhouse and for the life of the project, the applicant shall develop and maintain wind breaks (either structural or vegetative)which are designed to allow access for periodic removal of accumulated debris. These wind breaks shall be indicated on the plans to be submitted to the City for approval. Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. 11 #4 The Palm Springs Classic MMP Page 13 Date Completed and Signature of responsible Person(s): Measure 6: The project applicant shall have prepared an erosion control plan,acceptable to the City's Fugitive Dust and Erosion Control Ordinance and the South Coast Air Quality Management District, prior to the issuance of grading permits. The plan shall include requirements for minimizing disturbance of native soils, watering of areas during grading, and use of soil stabilizers. Implementation: Prior to the issuance of grading permits, the applicant shall have prepared and submitted, an erosion control plan to the City's Planning and Building Department. The plan shall be acceptable to the City's Fugitive dust and Erosion control Ordinance and the South coast Air Quality Management Plan. The plan shall include requirements for minimizing disturbance of native soils, watering of areas during grading, and use of soil stabilizers- Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of responsible Person(s): Measure 7: Project operators shall obtain all required permits for the transportation, handling, storage, and disposal of hazardous materials from the County of Riverside Department of Health Services, and adhere to current legislation under the Coachella Valley Associates of Government Integrated Waste Element (HHWE) and the Riverside County Hazardous Waste Management Plan. The storage of hazardous materials in containers on-site shall be clearly marked as to their contents. The transportation of hazardous materials from the project site shall be conducted by a registered hazardous wasted hauler in accordance with applicable rules and regulations. Implementation: For the life of the project, operators shall obtain all required permits for the transportation, handling, storage, and disposal of hazardous materials form the County of Riverside Department of Health Services, and adhere to current legislation under the Coachella Valley Associates of Government Integrated Waste Element and the Riverside County Hazardous Waste Management Plan. The storage of hazardous materials in containers on-site shall be clearly marked as to their 'contents. The transportation of hazardous materials from the project site shall be conducted by a registered hazardous wasted hauler in accordance with applicable rules and regulations. Written proof of these activities shall be reported to the City's Planning and Building Department and a copy of the report shall be kept in a permanent file on site. /` 4 Y3 I The Palm Springs Classic MMP Page 14 Compliance Record: Time Period: For the life of the project. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): BIOLOGY Measure 1: Prior to issuance of grading permits for the project, the project applicant shall pay $600 per acre of development to the City of Palm Springs as required under the Coachella Valley Fringe-Toed Lizard Habitat Plan. Implementation: The applicant shall pay the required Coachella Valley Fringe-toed Lizard Habitat Conservation Plan habitat replacement fee of$600.00 per acre to the City of Palm Springs which in turn will turn the fees over to the Center For Natural Lands Management. Written proof of this payment must be reported tor the City of Palm Springs Planning Department prior to issuance of grading permits. Compliance Record: Time Period: Prior to the issuance of grading permits. Monitoring Department(s) or Agency(ies): City of Palm springs Planning and Building Department and the Center For Natural Lands Management. Date Completed and Signature of Responsible Person(s): Measure 2: Modification to the Whitewater River Storm Channel necessitates obtaining a Section 404 Permit from the federal government and a Streambed Alteration Permit from the California Department of Fish & Game. Implementation' Prior to issuance of a grading permit for the wash the applicant must obtain a Section 404 Permit from the federal government and a Streambed Alteration Permit from the California Department of Fish &Game for the modifications to the Whitewater River Storm Channel. Compliance Record: llA �� The Palm Springs Classic MMP Page 15 Time Period: Prior to the issuance of grading permits. Monitoring Department(s) or Agency(ies): U.S. Army Corps of Engineers; California Department of Fish and Game. ENERGY RESOURCES Measure 1: The applicant shall implement all appropriate measures from among the following: 1. Prior to issuance of Building permits, the developer should ensure that all major non-residential buildings are designed with entrances that have vestibules to restrict infiltration of unconditioned air and exfiltration of conditioned air. 2. Prior to issuance of Building permits, the developer should ensure that all buildings are treated with light-colored materials finished with high emissivity characteristics to reduce cooling loads, and that interior walls are light-colored to reflect mor light and thus increase lighting efficiency. 3. Prior to issuance of Building permits,the developer shall ensure,through the plans, that all buildings have double-pane window systems in orderto reduce thermal gain and loss and thus cooling loads during warm whether and heating loads during cool weather. 4. Prior to issuance of Building permits, the plans should illustrate the proposed utilization of skylights where ever possible to provide interior light and thus cut down on the demand for energy-consuming artificial light. 5. Prior to the issuance of occupancy permits, the developer shall install high- efficiency interior and exterior lighting throughout the development. Use of energy 'efficient exterior lighting shall be contingent on such lighting being permitted under City outdoor lighting requirements. 6. Prior to the issuance of.occupancy permits, the developer shall equip all non- residential buildings with timing mechanisms to control lighting and temperature systems. 7. Prior to the issuance of occupancy permits,the developer shall consider installation of solar generating devices for hot water associated with the hotel and pool features wherever possible to reduce the demand for electricity for these uses. Implementation: Prior to the issuance of grading, building and/or occupancy permits, the project applicant should implement the above measures to mitigate the project's energy consumption impacts. All of these measures may not be appropriate for every use, however, those that apply shall be adhered to and written proof of conformance must be reported to the City. l, I• ' The Palm Spring's Classic MMP Page 16 Compliance Record: Time Period: Prior to the issuance of grading, building and/or occupancy permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning ans Building Department. Date,Completed and Signature of Responsible Person(s): TRAFFIC Measure 1: The intersection of Via Escuela and Gene Autry Trail currently warrants signalization and the project shall contribute to the traffic signal. Project's Fair-Share Contribution: 14.95% Implementation: Prior to the issuance of building permits, the applicant shall contribute(based upon percentage of traffic generated from the project) fair share improvements to the areas circulation system including 14.95% towards the cost of a traffic signal at the intersection of Via Escuela and Gene Autry Trail. Such funding shall be paid to the City's Planning and Building Department. Compliance Record: Time Period: Prior to the issuance of building permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building - Department. Date Completed and Signature of Responsible Person(s): Measure 2: In order to offset direct project impacts at the intersection of Vista Chino and Gene Autry Trail the project proponent shall construct dual northbound and southbound left-turn lanes priorto issuance of building permits for the hotel,or the 200" unit. Implementation: Prior to the issuance,of building permits for the hotel or the 200' unit, the applicant shall construct dual northbound and southbound left-turn lanes at the intersection of Vista Chino and Gene Autry Trail. Compliance Record: The Palm Springs Classic MMP Page 17 Time Period: Prior to issuance of building permits for the hotel or the 2001" unit. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department and the City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 3: The site access points shall include traffic signals and the approach lanes depicted in Figure 3-7 and Figure 3-8. The project proponent will be required to contribute 100 percent of the cost of these improvements in conjunction with on-site development. Chia Road at Gene Autry Trail (8), if the project directly accesses this intersection. - construct 150-foot southbound left-turn lane - add project westbound lane - signalize . Tachevah Drive at Gene Autry Trail (9), if the project directly accesses this intersection. - lengthen southbound left-turn lane to 400 feet Classic Drive/SkyWest at Gene Autry Trail (10) - relocate existing,intersection - construct 375-foot southbound left-turn lane -.add project westbound through/right-turn lane - add project westbound left-turn lane - signalize Vista Chino at North Drive (22) - add a northbound right-turn lane - add a northbound left-turn lane - add westbound left-turn lane at least 200 feet long - signalize Implementation: The site access points shall include traffic signals and approach lanes depicted in Figure 3-7 and Figure 3-8 and shown above. The project proponent will be required to contribute 100 percent of the cost of these improvements in conjunction with on-site development. A time table and the implementation of these additions will be established at the discretion of the Palm Springs Public Works Department and/or Planning Department in association with the phases of the project._ Compliance Record: Time Period: Exact time of implementation will be established at the discretion of the Palm The Palm Springs Classic MMP Page 18 Springs Public Works Department and/or Planning Department in association with the phases of the project. Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department and Planning Department. Date Completed and Signature of Responsible Person(s): Measure 4: All traffic signals installed on the CMP roadways should include connections to allow traffic signal interconnection. The project applicant shall contribute to the cost of the interconnection of traffic signals along Gene Autry Trail (between Vista Chino and Ramon Road) on-a fair-share basis. Project's Fair-Share Contribution: 34.14% Implementation: All traffic signals installed on the CMP roadways should include connections to allow traffic interconnection. The project applicant shall contribute a fair-share contribution of 34.14% to the cost of the interconnection of traffic signals along Gene Autry Trail (between Vista Chino and Ramon Road). A time table and the implementation of these additions will be established at the discretion of the Palm Springs Public Works Department and/or Planning Department in association with the phases of the project. Compliance Record: Time Period: Exact time of implementation will be established at the discretion of the Palm Springs Public Works Department ans/or Planning Department in association with the phases of the project. Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department and Planning Department. Date Completed and Signature of Responsible Person(s): Measure 5: To ensure acceptable levels of service upon project build out in the year 2010, additional intersection approach lanes will be required at five key intersections and three site access intersections, as shown in Figure 14, Year 2010 Lane Geometries Required at Key Intersections. Implementation: To ensure acceptable levels of service upon build out in the year 2010, additional intersections and approach lanes will be required at five key and three site access intersections, as shown in Figure 14 of the Environmental Assessment (Year 2010 Lane Geometries Required at Key Intersections). Before build out in the year 2010, a time table The Palm Springs Classic MMP Page 19 and the implementation of these additions will be established at the discretion of the Palm Springs Public Works Department and/or Planning Department in association with the phases of the project. Compliance Record: Time Period: Upon build out in the year 2010 Monitoring Department(s)orAgency(ies): City of Palm Springs Public Works Department and Planning Department. Date Completed and Signature of Responsible Person(s): Measure 6: To ensure acceptable levels of service in the year 2020,additional intersection approach lanes will be required at nine key intersections and three site access intersections, as shown in Figure 15, Year 2020 Lane Geometries Required at Key Intersections. Many of these improvements involve a regionally significant roadway and may therefore be mitigated by participation in the TUMF program. Those improvements that will not be addressed by the TUMF program and will require a fair-share contribution by the project include: Vista Chino at Farrell Drive (2) Fair-Share Contribution: 18.14% - add a northbound right-turn lane - add a southbound left-turn lane Ramon Road at Farrell Drive (13) Fair-Share Contribution: 4.9% add a southbound left-turn lane Ramon Road at Cathedral Canyon Drive (19) Fair-Share Contribution: 6.61% - add a southbound through lane Implementation: To ensure acceptable levels of service in the year 2020, additional intersections and approach lanes will be required at nine key intersections and three site intersections, as shown in Figure 15 of the Environmental Assessment(Year 2020 Lane Geometries). The additional intersection approach lanes will be constructed between build out and the year 2020. A time table and the implementation of these additions will be established at the discretion of the Palm Springs Public Works Department and/or Planning Department in association with the phases of the project. Compliance Record: Time Period: Between Build-out and 2020 // 4 y�' The Palm Springs Classic MMP Page 20 Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department and Planning Department. Date Completed and Signature of Responsible Person(s): Measure 7: The design of the final internal circulation and site access plan should incorporate traffic calming strategies in the residential villages and shall be subject to the review and approval of the City Traffic Engineer during the development review process to insure compliance with Cityaccess and design standards. Implementation: Prior to final Planned Development approval, the project applicant shall provide a site access plan incorporating final internal circulation and traffic calming strategies in the residential villages. The Plans are subject to .review and approval of the City Traffic Engineer. Compliance Record: Time Period: Prior to final Planned Development approval Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department Traffic Engineer. Date Completed and Signature of Responsible Person(s): Measure 8: The project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of master planned roadways adjacent to the project site. Implementation: Prior to Final Planned Development approval, the project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of master planned roadways adjacent to the project site. Compliance Record: Time Period: Prior to final Planned Development approval Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department Traffic Engineer. Date Completed and Signature of Responsible Person(s): /� of TZ) The Palm Springs Classic MMP Page 21 Measure 9: Master planned roadways shall be improved to City design standards on and adjacent to the site, as required by the City of Palm Springs. Implementation: Prior to Final Planned Development approval, master planned roadways shall be improved to City design standards on and adjacent to the site as required by the City of Palm Springs. A master plan shall be submitted to the Palm Springs Planning Department. Compliance Record: Time Period: Prior to Final Planned Development approval Monitoring Department(s) or Agency(ies): City of Palm Springs Planning Department Date Completed and Signature of Responsible Person(s): Measure 10: The project proponent shall complywith City requirements regarding the master planned bikeways adjacent to and/or across the site by constructing a bikeway along Vista Chino adjacent to the project site, along Gene Autry adjacent to the project site, and in the Whitewater River Channel. Implementation: Prior to- Final Planned Development the project proponent shall comply with City Requirements regarding the master planned bikeways adjacent to and/or across the site by constructing a bikeway along Vista Chino adjacent to the project site, along Gene Autry adjacent to the project site, and in the Whitewater River Channel. Compliance Record: Time Period: Prior to Final Planned Development approval Monitoring Department(s) or Agency(ies): City of Palm Springs Planning Department Date Completed and Signature of Responsible Person(s): Measure 11: The project proponent shall coordinate with SunLine Transit Agency regardinq the need for public transit facilities on and adjacent to the project site(see related engineering and planning additions of approval). Implementation: The Palm Springs Classic MMP Page 22 Prior to issuance of occupancy permits the project proponent shall coordinate with Sunline Transit Agency regarding the need for public transit facilities on and adjacent to the project. Compliance Record: Time Period: Prior to issuance of occupancy permits. Monitoring Department(s)orAgency(ies): City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 12: Adequate off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. Implementation: Prior to issuance of building permits adequate off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. Plans shall be reviewed by the Department of Public Works. Compliance Record: Time Period: Prior to issuance of building permits Monitoring Department(s)orAgency(ies): Cityof Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 13: By participating in the TUMF program, the project proponent shall contribute traffic impact mitigation fees to mitigate project-related traffic impacts on CMP roadways. a. Roadway Improvements To provide acceptable levels of service upon project build out (in the year 2010), nine lane improvements are required for off-site key intersections,and six additional lanes are proposed with the project at the site access locations, as specified in Section 415 of the traffic study, Appendix B. In addition, one off-site key intersection appears to warrant signalization today, and three site access intersections will require signalization in conjunction with the project in the year 2010. Twenty two off-site lane improvements will be required to provide acceptable levels of service in the year 2020 (in addition to the nine off-site lane improvements and six on-site lane improvements needed by the year 2010). A total of 37 lane improvements have been identified in Section 4b of the traffic study, Appendix B, The Palm Springs Classic MMP Page 23 as necessary to accommodate year 2020 traffic volumes at acceptable levels of service. Other than the four intersections identified for signalization in the year 2010 (one off-site intersection and three site access intersections) no additional intersections will require signalization With year 2020 traffic volumes. The project proponents shall contribute to the cost of improvements along CMP roadways by participating in the TUMF program. The project proponents shall pay their fair-share of the cost of any improvements required at intersections of roadways that are not part of the CMP System. b. Transportation System Management Actions The City of Palm Springs has adopted a Transportation Demand Management (TDM)Ordinance.The project will comply with all applicable provisions of the City's adopted TDM Ordinance. Implementation: Before build out in the years 2010 and 2020, a time table and the implementation of these additions will be established at the discretion.of the Palm Springs Public Works Department and/or Planning Department in association with the phases of the project. Time Period: Before build out in the year 2010 and then 2020. Monitoring Department(s) or Agency(ies): City of Palm Springs Public Works Department and Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 14: The project proponent shall comply with City requirements regarding the master plan equestrian trail in the Whitewater River Channel. Implementation: Prior to Final Planned Development the project proponent shall comply with City Requirements regarding the master planned equestrian trail in the Whitewater River Channel. Compliance Record: Time Period: Prior to Final Planned Development approval Monitoring Department(s) or Agency(ies): City of Palm Springs Planning Department Date Completed and Signature of Responsible Person(s): The Palm Springs Classic MMP Page 24 AIR QUALITY To minimize Construction Activity Emissions, the project applicant shall implement the following mitigation measures during construction: The inclusion of feasible mitigation measures in the project will minimize, to the greatest extent feasible, the potential air quality .impacts attributable to the proposed project. The following measures shall be.incorporated in the project, if feasible, to reduce construction-related impacts. Measure 1: Cut and fill quantities will be balanced on-site. Implementation: Prior to issuance of Final Grading Permits cut and fill quantities will be balanced on site . Compliance Record: Time Period: Prior to issuance of Final Grading Permits. Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department Date Completed and Signature of Responsible Person(s): Measure 2: The project proponents will complywith all provisions of the Palm Springs Municipal Code including the Construction Site Regulations and the Fugitive Dust and Erosion Control Ordinance. The proposed project will comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code which establishes minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. A plan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the City of Palm Springs for approval, prior to the issuance of any grading permits associated with the project. Implementation: Prior to the issuance of grading permits, the construction manager shall provide documentation to the Building Official that the project will comply with all provisions of the Palm Springs Municipal Code including the Construction Site Regulations and Fugitive Dust and Erosion Control Ordinance. A plan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the City of Palm Springs Planning and Building Department Compliance Record: Time Period: Prior to the issuance of grading permits /I 4 The Palm Springs Classic MMP Page 25 Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3: The project proponent shall comply with all applicable SCAQMD rules and regulations including Rule 403,insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line.of the emission source. Implementation: Prior to and during construction, the project applicant shall adhere to all the Rules and Regulations of the South Coast Air Quality management District including Rule 403 (insuring the clean up of construction-related dirt on approach routes to the site). Documentation of this measure shall be reported to the City's Planning and Building Department throughout the construction process of the project showing compliance of the rules and regulations. Compliance Record: Time Period: Prior to and during construction. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 4: Adequate watering techniques shall be employed to partially mitigate the impact of construction- generated dust particulates. Portions of the project site that are under-going, 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. Implementation: During construction adequate watering techniques shall be employed by the Construction Manager to partially mitigate the impact of construction-generated dust particulates. The Construction Managerwill assure that portions of the projectsite that are under-going earth moving operations will be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. Compliance Record: Time Period: Prior to and during construction. The Palm Springs Classic MMP Page 26 Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 5: Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area 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 wind erosion of the soil. Implementation: Prior to the issuance of building permits, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed by the project applicant as soon as possible to maintain the ground cover and minimize wind erosion of the soil. Compliance Record: Time Period: Prior to the issuance of building permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 6: Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 miles per hour. Implementation: During construction,the Construction Project Manager shall pave access roads(other than temporary access roads) as soon as possible and clean them after each work day. The Construction Project Manager shall also limit maximum vehicle speed to 15 miles per hour on unpaved roads. Compliance Record: Time Period: During Construction Monitoring Department(s)or Agency(ies): Construction Project Manager and City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): // 45o6 The Palm Springs Classic MMP Page 27 Measure 7: Grading operations shall be suspended during first and second stage ozone episodes and when winds exceed 25 miles per hour, per the PM10 SIP. Implementation: During construction, the Construction Project Manager shall suspend grading operations during the first and second stage ozone episodes and when winds exceed 25 miles per hour, per the PM10 SIP. Compliance Record: Time Period: During Construction Monitoring Department(s)or Agency(ies): Construction Project Manager and City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 8: Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. Implementation: Prior to and throughout the construction process, the project applicant shall have diesel mechanics ensure that all construction equipment is properly maintained and serviced to minimize exhaust emissions. Documentation for this measure shall be reported to the City's Planning and Building Department. Compliance Record: Time Period: During Construction Monitoring Department(s)or Agency(ies): Construction Project Manager and City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 9: Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. Implementation: Prior to construction, the project construction manager shall provide documentation to the City of Palm Springs Planning and Building Department which shows that Construction /lA S�1 The Palm Springs Classic MMP Page 28 operations affecting off-street roadways will be scheduled for off-peak traffic hours and will minimize obstruction of through-traffic lanes. Compliance Record: Time Period: During Construction Monitoring Department(s)or Agency(ies): Construction Project Manager and City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): The proposed project shall reduce long-term operational emissions by implementing energy conservation measures and by reducing VMT in the following manner. Measure 1: The proposed project will incorporate landscaping and paving as well as buildings that will cover open areas located within the Active Blowsand Hazard Zone and subject to wind erosion. Implementation: Prior to Final Planned Development approval, the applicant shall submit landscaping, grading and building plans to insure the proposed project will incorporate landscaping and paving as well aCs buildings that will cover open areas located within the Active Blowsand Hazard Zone and subject to wind erosion. Plans will be submitted to the City of Palm Springs Public Works Department as well as the Building and Safety Department. Compliance Record: Time Period: Prior to Final Planned Development approval. Monitoring Department(s)or Agency(ies): City of Palm Springs Public Works Department, City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 2: Building construction shall comply With the energy use guidelines in Title 24 of the California Administrative Code: Implementation: Priorto the issuance of building permits by the City, the project applicant shall submit plans which comply with the energy use guidelines in Title 24 of the California Administrative Code. Compliance Record: The Palm Springs.Classic MMP Page 29 Time Period: Prior to issuance of building permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3: The projectwill reduce vehicle miles traveled and internalize trips by offering a mix of land uses on- site that are interactive. Implementation: Prior to Final Development Plan approval, the applicant shall submit plans verifying a mix of interactive on-site land uses. Compliance Record: Time Period: Prior to Final Development Plan Approval Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 4: The use of energy efficient street lighting and parking lot lighting(low pressure sodium vapor lights) shall be considered on-site to reduce emissions at the power plant serving the site. Implementation: Prior to final Development Plan approval by the City, the project applicant shall incorporate in the plans, the use of,energy efficient street lighting and parking lot lighting to reduce emissions at the power plant serving site. Compliance Record: Time Period: Prior to Final Development Plan Approval Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department Date Completed and Signature of Responsible Person(s): Measure 5: / , The Palm Springs Classic MMP Page 30 The project shall incorporate safe and convenient bikeways and pedestrian trails in the site design that linkto other regional bikeways and trails at the site including the Vista Chino, Gene Autry Trail ,and Whitewater River Channel bikeways. The project shall also encourage walking as a mode of transportation between related facilities on-site (See related Conditions of approval). Implementation: Prior to final Planned Development approval, the project applicant shall incorporate safe and convenient bikeways and pedestrian trails in the site design to reduce motor vehicle trips between related facilities on-site. Compliance Record: Time Period: Prior to final Planned Development approval. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 6: The project proponent shall comply with all applicable SCAQMD rules and regulations. Implementation: Prior to and during construction, the project applicant shall adhere to all the Rules and Regulations of the South Coast Air Quality management District. Documentation of these measures shall be reported to the City's Planning and Building Department throughout the construction process of the project showing compliance of the rules and regulations. Compliance Record: Time Period: Prior to and during construction. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): NOISE Measure 1: Construction activities on-site should take place only during the hours between 7:00 a.m.and 8:00 p.m., as specified by the Palm Springs Noise Ordinance, to reduce noise impacts during more sensitive time periods. The Construction Site Regulations(Chapter 8.04.200)also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other The Palm Springs Classic MMP Page 31 person of normal sensitivity. Implementation: During construction activities on-site,the project construction manager shall implement the measures mentioned above. The project construction manager shall document these measures and report them to the City's Planning and building Department throughout the construction process. Compliance Record: Time Period: During construction Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. ' Date Completed and Signature of Responsible Person(s): Measure 2: All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. Implementation: During construction activities on-site,the project construction manager shall implement the measures mentioned above. The project construction manager shall document these measures and report them to the City's Planning and building Department throughout the construction process. Compliance Record: Time Period: During construction Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3:. Stationary equipment should be placed such that emitted noise is directed away from noise sensitive receivers. Implementation: During construction activities on-site,the project construction manager shall implement the measures mentioned above. The project construction manager shall document these measures and report them to the City's Planning and building Department throughout the f� #441 The Palm Springs Classic MMP Page 32 construction process. Compliance Record: Time Period: During construction Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 4: Stockpiling and vehicle staging areas should be located as far as practical from noise sensitive receptors. Implementation: During Construction activities on-site,the project construction manager shall implement the measure mentioned above. The project construction manager shall document this measure and report it to the City's Planning and Building Department throughout the construction process. Compliance Record: Time Period: During construction Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 5: Every effort should be made during construction activities to create the greatest distance between noise sources and noise sensitive receptors located south of the project site. Implementation: During construction every effort should be made by the construction manager to create the greatest distance between noise sources and noise sensitive receptors located south of the project site. Compliance Record: Time Period: During construction Monitoring Department(s) or Agency(ies): Project Construction Manager and the City of Palm Springs Planning and Building Department. /) *4 G� The Palm Springs Classic MMP Page 33 Date Completed and Signature of Responsible Person(s); Measure 6: Superceded by measure number seven Measure 7: Potential noise impacts on sensitive noise receptors have been identified in the following areas: (1) Residential areas in Planning Areas 5 and 6 proposed adjacent to Gene Autry Trail; (2) Residential areas in Planning Areas 5 and 6 proposed adjacent to the loading docks of The Desert Sun. (3) The hotel in Planning Area 1; and (4) The residential area in Planning Area 2 proposed adjacent to Vista Chino. Sensitive noise receptors shall be carefully designed and evaluated bya qualified noise consultant at more detailed levels of planning (when pad elevations, setbacks, building locations and orientation, perimeter wall locations, etc. are known) to ensure that adequate noise attenuation strategies are incorporated to meet the Palm Springs noise standard of 65 CNEL in outside living areas and the State Noise Insulation Standard of 45 dBA in interior living areas. Implementation: Prior to Final Planned Development approval, sensitive noise receptors shall be carefully designed and evaluated by a qualified noise consultant at more detailed levels of planning (when pad elevations,setbacks,building locations and orientation,perimeterwall locations, etc. are known) to ensure that adequate noise attenuation strategies are incorporated to meet the Palm Springs noise standard of 65 CNEL in outside living areas and the State Noise Insulation,Standard of 45 dBA in interior living areas. Compliance Record: Time Period: Prior to Final Planned Development approval. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): In addition to the mitigation measures described above the following requirements applj�in an"N" zone. No permit,approval or other entitlement shall be issued or given for construction of any new structure, unless the following conditions have been met or guaranteed: Measure 1: A standard "avigation easement and nonsuit covenant," in form prescribed and approved by the city attorney, has been provided by and with reference to present and future owners of the parcel The Palm Springs Classic MMP Page 34 of land on which the structure is to be located. Implementation: Prior to the issuy nce of occupancy permits the construction of any residential unit will meet requirements prescribed pursuant to the standard "avigation easement and nonsuit covenant," in from prescribed by the city attorney with reference to present and future owners of the parcel of land on which the structure is to be located. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 2: Construction of any residential unit will meet minimum soundproofing requirements prescribes pursuant to Section 1092 of Title 25, California Administrative Code. Implementation: Prior to the issuance of occupancy permits the construction of any residential unit will meet minimum soundproofing requirements prescribed pursuant to Section 1092 of Title 25, California Administrative Code. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): AESTHETICS Measure 1: The project applicant shall use building materials which use a desert color palette for all structures on the site.Structures on the site are required to avoid utilization of building materials with reflective surfaces. Implementation: This measure shall be documented on development plans to be submitted to the City for The Palm Springs Classic MMP Page 35 review by the Planning and Building Department. Compliance Record: Time Period: Prior to the issuance of building permits. Monitoring Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 2: The project landscaping shall utilize native plant species as much as possible,and shall incorporate lush and efficient desert themes in all landscaping prior to issuance of occupancy permits. Implementation: Prior to issuance of occupancy permits the utilization of native plant species and the incorporation of lush and efficient desert themes shall be shown on the landscape plans to be submitted to the City for review and approval. Compliance Record: Time Period: Prior to the issuance of occupancy permits. 'Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3: The project applicant shall utilize a landscape palette which creates and maintains the view corridor form Gene Autry Trail into the project. Implementation: The project applicant shall obtain approval of the final landscape plan form the City's Planning and Building Department which creates and maintains the view corridor. Compliance Record: Time Period:Prior to the installation of landscaping and the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. The Palm Springs Classic MMP Page 36 Date Completed and Signature of Responsible Person(s): Measure 4: Prior to landscape plan approval, the plan shall be revised to include drought tolerant landscaping and street trees to the southeastern portion of the site adjacent to San Joaquin Drive. Implementation: Prior to landscape plan approval by the City, the project applicant shall revise the plans to show drought tolerant landscaping,and street trees to the southeastern portion of the site adjacent to San Joaquin Drive. Compliance.Record: Time Period: Prior to the landscape plan approval. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department, Date Completed and Signature of Responsible Person(s): Measure 5: The applicant and project operator(s) shall comply with all the requirements of City Lighting Ordinance, Section 93.21.00 and shall direct all lighting downward, shade all lighting for the life of the project, and turn off outdoor lighting when an area of business is not in use in compliance with City General Plan policy. Implementation: Durinq the life of the project, the applicant shall comply with all the requirements of City Lighting Ordinance,Section 93.21.00, including directing all lighting downward, shading all lighting, and turning off outdoor lighting when an area of business is not in use. This shall be stated on the lighting plan to be submitted to the City for approval. Compliance Record: Time Period: Prior to the life of the project. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department, Date Completed and Signature of Responsible Person(s): Measure 6: All night lighting at the project shall be oriented such that light and glare do not interfere with pilot vision in the vicinity of the Palm Springs Regional Airport. /! *4 The Palm Springs Classic MMP Page 37 I rnplementation: Prior to approval of the lighting plan by the City and for the life of the project, al night lighting att he project shall be oriented such that light and glare do not interfere with pilots vision in the.vicinity of the Palm Springs Regional Airport. Compliance Record: Time Period: Prior to approval for the lighting plan by the City and for the life of the project. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 7: Lights for the illumination of the golf course shall be irregularly spaced and placed such that they appear to be scattered and random in nature when reviewed for the air. Such lighting shall not be configured in a linear pattern. Implementation: Prior to the approval of the lighting plan by the City and for the of the project, lights for the illumination of the golf course shall be noted on the plan as irregularly spaced and placed such that they appear scattered and random in nature when viewed form the air. Such lighting shall not be configured in a linear pattern. Compliance Record: Time Period: Prior to approval for the lighting plan by the City and for the life of the project. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 8: Prior to lighting plan approval by the City,the project applicant shall also submit a detailed lighting plan to the airport staff for review and approval. Implementation: Prior to lighting plan approval by the City, the project applicant shall also submit a detailed lighting plan to the airport staff for review and approval. Compliance Record: �/ o4 The Palm Springs Classic MMP Page 38 Time Period: Prior to lighting plan approval. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department in coordination with Palm Springs Airport Staff. Date Completed and Signature of Responsible Person(s): Measure 9: Superceded by measure number 10. Measure 10: The setback criteria of 3 to 1 as defined in Ordinance Section 93.04.00 shall be revised for Planning Areas 1 and 2 because of the golf course and other amenities.. Implementation: Minimum Setbacks:The intent of the'Resort Village is that the entire area is planned as an integrated residential and recreation environment with specific pedestrian friendly relationships between buildings, walkways, streets, parking, open space and golf course. Therefore the minimum, horizontal setbacks per vertical height for high rise buildings in the Resort Village will be as follows and as measured according to standard city practices which includes road ROW: 1) 3:1 setback from any single family parcels on or off site. 2)2:5:1 setback from exterior edges along Gene Autry Trail and Vista Chino Roadways, 3) 1:1 average setback from any property or parcel line other than those listed above including golf and wash parcels, minimum of twenty feet(20'-0'). 4)No minimum setbackfrom golf course or open space parcel, except as warranted by golf hazards or city building or safety codes. Compliance Record: Time Period: Prior to Final Planned Development approval. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 11: Minimum open space in Planning Areas 1 and 2 shall be 45%,in calculating the 45% Usable Open Space requirement for MFD High Rise projects, a proportionate share of common area facilities and/or golf course area may be included in the calculation provided that the proposed MFD project //I4 The Palm Springs Classic MMP Page 39 has a discernable visual, access or otherwise physical connection with such facilities, subject to Planning Commission approval. Implementation: . Prior to Final Planned Development approval minimum open space in Planning Areas 1 and 2 shall be 45%, in calculating the 45% Usable Open Space requirement for MFD High Rise projects, a proportionate share of common area facilities and/or golf course area may be included in the calculation provided thatthe proposed MFD project has a discernable visual, access or otherwise physical connection with such facilities, subject to Planning Commission approval (see related conditions of approval). Compliance Record: Time Period: Prior to Final Planned Development approval. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 12: Maximum height in Planning Areas 7-9 shall be 28'to 32'. No projections above 32', except vents and spark arresters shall be allowed. Any architecture over 28' will be permitted only if can be demonstrated that sound and aesthetic principles of good design are addressed according to the following: 1.1 Energy Conservation 1.2 Privacy 1.3 Desert and/or Palm Springs materials and proportions 1.4 Impact on adjacent areas 1.5 Standard market demand dimensions 1.6 Abidance to the Classic PDD design guidelines Implementation: Prior to Final Planned Development approval, the maximum height in Planning Areas 7-9 shall be 28' to 32'. No projections above 32% except vents and spark arresters shall be allowed. Any architecture over 28'will be permitted only if can be demonstrated to the City of Palm Springs Planning Department.that sound and aesthetic principles of good design are addressed according to the following: 1.1 Energy Conservation 1.2 Privacy 1.3 Desert and/or Palm Springs materials and proportions 1.4 Impact on adjacent areas 1.5 Standard market demand dimensions 1.6 Abidance to the Classic PDD design guidelines //, A 40 The Palm Springs Classic MMP Page 40 Compliance Record: Time Period: Prior to Final Planned Development approval. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): JOBS AND HOUSING No Required Mitigation Measures CULTURAL RESOURCES See Planning Conditions of Approval HAZARDS Measure 1: Prior to issuance of grading permits the project applicant will work up a Wildlife Management Program (It should be noted that the detailed plans are not available and all plans are conceptual) in cooperation with the Airport Wildlife Committee to establish and implement mitigation techniques to deal effectively with any wildlife hazard that may arise. The program will address, at a minimum the following components: a.)Landscaped,areas should be monitored on a continuing basis for the presence of hazardous wildlife. b.) Garbage attracts unwanted nuisance wildlife and should be kept on-site in enclosed and properly sealed dumpsters to deter wildlife. c.) Golf courses should be monitored on a continuing basis for the presence of hazardous wildlife. The program should identify corrective actions that can be implemented immediately if hazardous wildlife' is detected. d.) Landscape should be designed in a manner to minimize attraction to water fowl. e.) Detention ponds hold storm water for short periods, while retention ponds hold water indefinitely. Both type of ponds control runoff, protect water quality, and can attract hazardous wildlife. Retention ponds are more attractive to hazardous wildlife because they a more reliable water source- Lakes would be the most reliable water source in that they are intended to be maintained as ornamental features of the tHazardous Wildlife. Wildlife species that are commonly associated with wildlife-aircraft strike problems,are capable of causing structural damage to airport facilities,or act as attractants to other wildlife that pose a wildlife-aircraft strike hazard. f, 00 01 The Palm Springs Classic MMP Page 41 project. To facilitate hazardous wildlife control designs of these improvements should include, steep-sided, narrow, linearly shaped, rip-rap lined, water detention and retention basins. Implementation: Prior to the issuance of grading permits,,the applicant shall provide evidence of a Wildlife Management Program created in cooperation with the Airport Wildlife Committee to establish and implement mitigation techniques to deal effectively with any wildlife hazard that may arise. Compliance Record: Time Period: Prior to the issuance of grading permits and for the life of the project. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department in coordination with the Airport Wildlife Committee. Date Completed and Signature of Responsible Person(s): Measure 2: Prior to the approval of final grading plan, the applicant shall provide evidence to the City of,Palm Springs that the project meets all FAA requirements (Notice of Proposed Construction or Alteration). Implementation: Prior to the approval of a final grading plan by the City, the project applicant shall provide evidence to the City of the Federal Aviation Administration's (FAA) review of the Notice of Proposed Construction or Alteration. No construction of lake will be allowed until approval of the final grading plan. If the project is redesigned to eliminate lake features and wetlands, the revised plan shall have the same or grater storage and conveyance capacity for flood control as the proposed drainage system. Compliance Record: Time Period: Prior to the approval of a final grading plan. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3: Prior to the installation of any gasoline storage or dispensing devices on the project site, the applicant shall submit a plan to the City's Planning and Building Department which demonstrates f 1 #4 The Palm Springs Classic MMP Page 42 that all liquid fuel facilities will be Department of Transportation (DOT) approved. Implementation: Prior to the installation of any gasoline storage or dispensing devices on the project site, the project applicant shall submit a plan tot he City's Planning and Building Department which demonstrates that all liquid fuel facilities will be Department of Transportation(DOT) approved. Compliance Record: Time Period: Prior to the installation of any gasoline storage or dispensing devices on the project site. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): PUBLIC UTILITIES Water Measure 1: Prior to the issuance of building permits, the project applicant shall provide on-site water system improvements required to meet all water supply needs of the buildings, including fire flow needs. Implementation: Prior to the issuance of building permits, the project applicant shall provide on-site water system improvements required to meet all water supply needs of the buildings, including fire flow needs. Plans forthe extension of infrastructure to serve the site shall be submitted to the City for approval. Compliance Record: Time Period: Prior to the issuance of building permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 2: Prior to the issuance of permits to connect, the applicant shall enter into a water services agreement for provision of on-site water service. �� The Palm Springs Classic MMP Page 43 Implementation: Prior to the issuance of permits to connect to the water system, the project applicant shall be responsible for entering into a water services agreement with DWA for on-site water service. Documentation shall be reported to the City's Public Works Department: Compliance Record: Time Period: Prior to the issuance of permits to connect to the water system. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 3: Prior to connection to the master planned 30"-42"water line to serve the site, documentation shall be reported to the City's Public Works Department. Reimburse for the applicant from the Desert Water Agency(DWA)will be based upon proportional use by the project and the cost of the facility. Implementation: Prior to connection to the master planned 30"42"water line to serve the site, documentation shall be reported to the City's Public Works Department that, the applicant has reimbursed the Desert Water Agency based upon a proportional use by the project and the cost of the facility. Compliance Record: Time Period: Prior to connection to the master planned 30"42" water line. Responsible Department(s) or Agency(ies): City of Palm Springs Public Works Date Completed and Signature of Responsible P.erson(s): WASTEWATER Measure 4: Prior to the issuance of occupancy permits, the project applicant shall provide all off and on-site sewer system improvements required to serve the project. Implementation: Prior to the issuance of occupancy permits, the project applicant shall provide plans to the City's Public Works Department for all off and on-site sewer system improvements required to serve the project. In addition, any fees associated with sewer services shall also be paid prior to the issuance of building permits. The Palm Springs.Classic MMP Page 44 Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s)orAgency(ies):Cityof Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 5: Prior to the issuance for building permits,the project applicant shall pay the sewer connection fees plus any plan check and inspection fees. Implementation: Prior to the issuance of building permits, the project applicant shall pay the sewer connection fees plus any plan check and inspection fees to the City's Public Works Department. Compliance Record: Time Period: Prior to the issuance of building permits. Responsible Department(s)orAgency(ies):Cityof Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Measure 6: Prior to the approval of a final map or occupancy permits the project applicant shall acquire and grant all easements tot he City of Palm Springs for maintenance of the sewer system serving the project, to the satisfaction of the City. Implementation: Prior to the issuance of grading permits, the project applicant shall acquire and grant all easements to the satisfaction of the City of Palm Springs for maintenance of the sewer system serving the project. Documentation of this measure shall be kept on file at the City. Compliance Record: Time Period: Prior to the issuance of grading permits. Responsible Department(s)orAgency(ies):Cityof Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): Solid Waste /1 h fq The Palm Springs Classic MMP Page 45 . Measure 7: The project operator(s) shall participate in the Palm Springs curbside recycling and green waste collection program for the life of the project. Implementation: For the life of the project, the operator(s) shall participate in the Palm Springs curbside recycling and green waste collection program.The project operator(s)shall coordinate with the Palm Spring Disposal Services to develop the program. Proof that this program has taken effect shall be reported to the City's Planning and Building Department. Compliance Record: Time Period: During the life of the project. Responsible Department(s) or Agency(ies):,City of Palm Springs Planning and Building Department. 'Date Completed and Signature of Responsible Person(s): Measure 8: During the life other project, the project operator(s) shall comply with the requirements for the CVAG Integrated Waste Management Plan Source Reduction and Recycling Element (SRRE), CVAG Household Hazardous Waste Element (HHWE), and all other applicable regulations associated with solid and hazardous waste transportation, handling, storage and disposal. Users of hazardous substances on the site shall first obtain the required permits form the County of Riverside Department of Health Services (DOHS) and any other applicable permits form the life of the project and notify Palm Springs Fire Department. Implementation: During the life of the project, the operator(s) shall comply with the requirements of the Coachella valley Association of Governments(CVAG)Integrated Waste Management Plan Source Reduction and Recycling Element (SRRE), CVAG Household Hazardous Waste Element(HHWE),and all other applicable regulations associated with solid and hazardous waste transportation,handling,storage and disposal. Users of hazardous substance on the site shall first obtain the required permits form the County of Riverside Department of Health Services (DOHS) and any other applicable permits for the.life of the project. All documentation of these measures shall be reported to the City for Palm Springs Fire and Planning and Building Departments. Compliance Record: Time Period: During the life of the project.. Responsible Department(s) or Agency(ies): City of Palm Springs Fire and Planning and Building Departments. # The Palm Springs Classic MMP Page 46 Date Completed and Signature of Responsible Person(s): ELECTRICITY Measure 9: Prior to the issuance of building permits and project applicant shall install all off and on-site improvements necessary to provide electricity to the project. Implementation: Prior to the issuance of building permits, the project applicant shall be responsible for installing all off and on-site improvements necessary to provide electricity to the project. Documentation that this measure has taken place shall be reported to the City's Planning and Building Department. Compliance Record: Time Period: Prior to the issuance of building permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 10: Prior to issuance of occupancy permits the project applicant shall underground all electrical lines on-site pursuant to provisions of the Municipal Code. Implementation: Priorto issuance of occupancy permits,the project applicant shall be responsible for paying all costs associated with under grounding all electrical lines on-site. The project applicant shall coordinate with Southern California Edison and the City for the location of these underground lines. The applicant shall submit plans of these underground lines to the City which will be kept on file. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 11: /� h 77) The Palm Springs Classic MMP Page 47 - Prior to building permit issuance the applicant shall demonstrate to the City that proposed structures are in compliance with Title 24. Implementation: Prior to the issuance of building permits, the project applicant shall demonstrate to the City's Public Works Department that proposed structures are in compliance with Title 24. Documentation of these measure shall be reported to the City and Kept on file. Compliance Record; Time Period: Prior to the issuance of building permits. Responsible Department(s)orAgency(ies):City of Palm Springs Public Works Department. Date Completed and Signature of Responsible Person(s): NATURAL GAS Measure 12: Prior to the issuance of occupancy permits,the project applicant shall utilize solar technologies for heating and cooling (to conserve energy). Implementation: Prior to the issuance of occupancy permits, the project applicant shall demonstrate to the City's Planning and Building Department, that solar technologies for heating and cooling (to conserve energy) are utilized throughout the project. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 13: Prior to the issuance of occupancy permits, the project applicant shall be responsible for paying for the costs of system improvements which Southern California Gas(SCG)identifies to serve the project on a fair share basis. Implementation: - Prior to the issuance of occupancy permits, the project applicant shall be responsible for paying all the costs of system improvements which SCG identifies to serve the site on a fair 4 *477 The Palm Springs Classic MMP Page 48 share basis. Documentation that these costs have been paid shall be reported to the City's Planning and Building Department. Compliance Record: Time Period: Prior to the issuance of building permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Measure 14: The following mitigation measure has been amended to read as follows: prior to the issuance of occupancy permits and during the,life of the project, the project applicant shall consider Southern California Gas Company's energy conservation program. Implementation: Prior to the issuance of occupancy permits and during the life of the,project, the project applicant shall considerSouther California Gas Company's energy conservation programs. Documentation of this measure shall be reported to the City's Planning and Building Department. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): TELEPHONE AND CABLE Measure 15: Prior to the excavations for utility trenches, the project applicant shall ensure that proper planning and scheduling of construction occurs so that joint trenches of telephone and cable can be utilized. Implementation: Prior to excavations for utility trenches, the project applicant shall ensure that proper planning and scheduling of construction occurs so that joint trenches of telephone and cable can be utilized. Plans for the trenching of these lines shall be reviewed and approved by the utility providers in coordination with the City's Planning and Building Department. �/ *7� The Palm Springs Classic MMP Page 49 Compliance Record: Time Period: Prior to excavations for utility trenches. Responsible Department(s) or Agency(ies): City of Palm Springs .Planning and Building Department. Date Completed and Signature of Responsible Person(s): PUBLIC SERVICES . Law Enforcement No mitigation measures are required for this topic. Fire and Paramedic Services Measure 1: Prior to issuance of occupancy permits, automatic fire sprinkler systems shall be installed in structures, as determined necessary by the Fire Marshall, to meet fire flows. This mitigation measure shall be applied based on building type proposed and status of the new fire station. Implementation: Prior to issuance of occupancy permits, plans for all structures which will incorporate automatic fire sprinkler systems shall be submitted to the City's Fire Department to be reviewed and approved by the Fire Marshal.All automatic fire sprinkler systems shall meet the required fire flows necessary to provide fire safety. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s)or Agency(ies): City of Palm Springs Fire Department. Date Completed and Signature of Responsible Person(s): Measure 2: The project applicant shall utilize fire-resistant exterior building materials perthe Fire Department's regulations prior to the issuance of occupancy permits. This shall include, but not be limited to: requiring building roofs to be a minimum of Class A and prohibiting the use of wooden roof shingles. Implementation: Prior to the issuance of occupancy permits, the project applicant shall demonstrate to the City's Fire Marshal, that fire-resistant exterior building materials per the Fire Department's The Palm Springs Classic MMP Page 50 regulations are utilized. This shall include, but not be limited to, requiring building-roofs to be a minimum f Class A and prohibiting the use of combustible exterior wooden roofing materials. Compliance Record: L Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Fire Department. Date Completed and Signature of Responsible Person(s): Measure 3: The project applicant shall design and construct all structures,landscaping,water mains,hydrants, automatic fire hydrants, automatic fire sprinkler systems and streets in accordance with Palm Springs Fire Department rules and regulations prior to the issuance of occupancy permits. Implementation: Prior to the issuance of occupancy permits,the project applicant shall demonstrate that the design and construction of all structures,landscaping,watermains,hydrants,automaticfire sprinkler systems and streets are in accordance with the Palm Springs Fire Department's rules and regulations. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Fire Department. Date Completed and Signature of Responsible Person(s): Measure 4: Prior to final PD approval the applicant shall irrevocably offer to dedicate a one acre fire station site which is acceptable to the City, unless the Fire Marshall deems otherwise. - Implementation: Prior to final PD approval the applicant shall irrevocably offer to dedicate a one acre fire station site which is acceptable to the City. Compliance Record: Time Period: Prior to final PD approval. Responsible Department(s)or Agency(ies): City of Palm Springs Fire Department. /i ,r9 ga The Palm Springs Classic MMP Page 51 Date Completed and Signature of Responsible Person(s): Parks and Recreation Measure 1: All residential development contributes to park and recreational impacts such that,priorto issuance of building permits, a parkland improvement fee or dedication shall be made. Accordingly, all hotel and residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland, and shall be adopted by Ordinance and/or Resolutions. Implementation: A parkland improvement fee or dedication shall be made and all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland, and shall be adopted by Ordinance and/or Resolutions. Compliance Record: Time Period: Prior to issuance of building permits Responsible Department(s) or Agency(ies): City of Palm Springs Building & Safety Department. Date Completed and Signature of Responsible Person(s): Schools Prior to the issuance.of a building permit,the project applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB 50. The amount of fees to be paid will be determined based on the established state formula for determining construction costs. Implementation: Prior to the issuance of building permits, the project applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB 50. Compliance Record: Time Period: Prior to the issuance of building permits. Responsible Department(s) or Agency(ies): City of Palm Springs Unified School District. Date Completed and Signature of Responsible Person(s): The Palm Springs Classic MMP Page 52 Health Facilities No mitigation measures are required for this topic. Library Facilities: Measure 6: The hotel and VOU operator(s) will be required to purchase from the PSPL borrower cards at $50.00 per year in sufficient quantities to meet visitor requests for library usage. Implementation: Prior to the issuance of occupancy permits, the operators of the hotel and VDU's shall provide the City's Planning and Building Department, proof of purchase for PSPL annual library borrower cards in sufficient quantities to accommodate project guests for the life of the project. Hotel and VOU operators shall also post the availability of such cards in public places. Compliance Record: Time Period: Prior to the issuance of occupancy permits. Responsible Department(s) or Agency(ies): City of Palm Springs Planning and Building Department. Date Completed and Signature of Responsible Person(s): Public Transportation No mitigation measures are required for this topic. July 2, 2003 City Council CITY OF PALM SPRINGS 3200 East Tahquitz Canyon Way P.O. Box 2743 Palm Springs, California 92263-2743 Re: Classic PDD Conditions of Approval, Case 5.0666-B-PD-231 Dear Council, As you are aware, Palm Springs Investment Company has been working diligently towards delivering a world class golf community with a resort life style complementary to your goals and the international image of Palm Springs, We are on schedule to begin construction this fall (2003) with the golf course and the first phase of on-site infrastructure and have a lot of interest from home builders to be part of the project. We have been working with all levels of the city's decision process and appreciate the hard work everyone is contributing to make this project a reality. We have been adjusting both the overall vision as well as many of the details of the project as a result of the input of the Council, the Commission and staff as well as the realities of the market and feel we are close to reaching consensus on all levels. There are only a few outstanding issues remaining that we feel need some further discussion and adjustment in the Conditions of Approval as recommended by the Planning Commission. Condition #21 — This is a requirement for payment of park fees or dedication of land if the City adopts a Quimby ordinance. This was a last minute surprise and we feel it is an inappropriate requirement because of the following: 1. We are designing a highly amenitized community with unique features like golf, recreation clubs, open spaces, greenbelts, special entries and gates, public trails, etc. We are not a standard residential subdivision by any measure and the recreation of our residents will be provided by the amenities we will build at a substantial investment. We believe that our community will be largely self-supporting concerning parks and that it is unfair to ask for further investments for on or offsite parks. /! r4 $� 2. There is no ordinance or city policy in place at this time that defines your intent so we cannot agree to this condition in any form. 3. We are a resort life style gated private community with well over 60% of our land for recreation uses. There is no room for a public park which is probably better located elsewhere. Condition # 87 — This condition requires the installation of a quarter mile of off-site sidewalk on Vista Chino concurrent with the development of the first phase of the Classic. This condition would fill in the gap that currently exists on the south side of Vista Chino from Gene Autry Trail to approximately Volturno Road where the sidewalk installed adjacent to the airport ends. Our concern about this condition is as follows: 1. The rationale behind requiring the improvement to be installed by the Classic is that our development will generate pedestrians that may want to walk westerly and would need a sidewalk. Our request to the Planning Commission was to wait to implement the condition to a time when the northern portion of the Classic was developed with housing. 2. The improvements along the developed portion of Vista Chino would not be at an ultimate condition due to the lack of right-of-way. It would be appropriate to wait until the full right-of-way is available to install permanent improvements. We would request that the condition be reworked to require the installation of the sidewalk at such time as homes were constructed in the Resort Village portion of our development and if the full right-of-way is dedicated on Vista Chino. If the full right-of- way has not been dedicated by the time that there is residential construction in the Resort Village, then the improvements may be designed as an interim solution. We appreciate your consideration of these details. They are important to our project's success. Please contact me if you have any questions. Very truly yours, r�/J Pat Blew PSIC Cabear Corporation Manager Cc: Doug Evans Van Stephens Marvin Roos 11Rg � RECEIVED Sierra Club, San Gorgonio Chapter JUL - 8 20D3 I`ll Serving Riverside and San Bernardino Counties PLANNING DIVISION Tahquitz Group • Los Serranos Group r►"""'r. San Bernardino Mtns. Group• Mojave Group July 3, 2003 attn: Alex Meyerhoff Planning Department City of Palm Springs PO Box 2743 Palm Springs, CA 92268 BY FAX—ORIGINAL BY MAIL 5 PAGES TOTAL Re: 'Initial Study/Environmental Assessment,Mitigated Negative Declaration for Palm Springs Classic Dear Mr. Meyerhoff: Thank you for re-sending me the EA for this project. I do not know what became of the first one that was sent. The Sierra Club requests that an environmental impact report ("EIR") be prepared to address the following issues and significant impacts likely to result from the proposed project. Coachella Valley milk vetch The Coachella Valley milk vetch(CV milk vetch), is an endangered ephemeral plant endemic to the Coachella Valley and found only in fine sand soils. CV Milk vetch was listed as federally endangered plant in the early 1990s. The PS Classic project has the potential to reduce the number and range of a listed species, namely endangered CV milk vetch�vithout adequate mitigation. Pursuant to CEQA Guidelines § 15065, a project must be found to have a significant impact if it "has the potential to. . . reduce the number or restrict the rang_a of an endangered, rare or threatened species . . .." (emphasis added.) This mandatory finding of significance also mandates that use of a mitigated negative declaration for the Palm Springs Classic Project is inappropriate. An EIR must be prepared. The EA's assertion.that adequate mitigation for CV milk vetch "is already in place," by virtue of the Coachella Valley fringe-toed lizard HCP, is an unsubstantiated assertion. This species was listed as federally endangered after the completion of the Coachella Valley fringe-toed lizard HCP. The HCP for the fringe-toed lizard does not include the CV milk vetch as a species to.be protected. As a result,the HCP has not guidelines, standards or conditions to ensure the CV milk vetch would be protected. " . . . . To explore, enjoy and preserve the nation's forests, waters, wildlife, and wilderness . . . •'`� - Protection of the fringe-toed lizard does not equal protection of the CV milk vetch. CV milk vetch do occur in Some of the same places as CV fringe-toed lizard; however, CV milk vetch occurs in most abundance in an area not a part of the fringe-toed lizard preserve system, namely Snow Creek. - Because CV milk vetch does not have adequate mitigation in place, it is proposed as a covered species in the CV Multiple Species HCP,the latest draft of which has been received by the City and is herein incorporated by reference. Whitewater Trail - We ate unable to find reference to the Whitewater River trailmi4-in the EA. This regionally important non-motorized recreational trail is embodied in the Palm Springs General Plan(text enclosed) and also the Riverside County Trails Plan. It is a major recreational artery through much of the Coachella Valley, and may be the only one in the future. - Assuming that the project proposes to eliminate the Whitewater Trail, project impacts to recreation are significant and unmitigated. The preparation of an EIR is mandated because the project has unmitigated impacts: 1) . restricting the range of a listed species, and; 2) removing an important regional ' recreational trail amenity. Thank you for the opportunity to comment. Very truly yours, Joan Taylor,Cons on Chairman 1800 S. Sunrise Way Palm Springs, CA 92264 Enclosures purposes be enacted by the City of Palm Springs. By enacting such. an ordinance, the responsibility for neighborhood park development would fall on the developer of the subdivision which would be serviced by such a park. obiective 10.7. Ensure that the costs of park and recreation facilities and programs are borne by those who benefit and contribute to additional denranda polie 10.7-1. Require that developers contribute to provide parks and recreational facilities to offset additional demands brought about by new development, 10.7.2. Accept gifts and dedications of parks and open space when the conditions of acceptance do not place an undue burden on the City. 10.1.3, Encourage the development of recreation prognuns by non-City public and private sports organizations to involve more children and adults in outdoor recreation activity, using volunteers to operate_and maintain programs wherever possible. 10.7.4. Wherever feasible, the City shall utilize joint power agreements with other public and/dr non-profit agencies for park development and rrurintawnce. 10.7.5. Wherever feasible, the City shall assess additioml foes for participation in rxrestion progrars and for use of park facilities by non-City residents. RN(.'R>+✓NrIONAL TRAMS The General Plan proposes a complete system of riding and hiking trails which will-permit hikers and riders to explore. Palm Springs and. its. environs. The trails should follow natural water courses .and usable mountainous areas, and utility corridors- ' '-Of.f eking- a ' variety of surroundings and terrain. In' areas of gentle topography,' bicycle paths might be developed in conjunction with these trails. Artequestrian trail system to provide for all types and intensities of riding has been indicated on the .General Plan. This system of trails ties in with the overall system developed by the Desert Riders and is coordinated with the Riverside County System. There could . be private equestrian centers in the rural- residential portions of the community, or as part of Scenic Recreation Areas, where horses could be- stabled for those residents who would prefer J l 3/3/93 IV-54 ��� to have horses# but not on their homesites. Such centers shall be directly served by the trail system. Trail stops, with water, shade, picnic tables, and comfort stations . are proposed at sii-to-ten wile intervals. Where possible, these stops are combined with parks or golf courses: Where such stops occur in large park- sites, camping and nature areas could also be: developed. Trail stops should be Accessible by service road. Thet. system should be flexible enough to permit 'integration into a county or State trails, system. Like golf courses', hiding and hiking trails are of special importance in Palm Springs; interest in equestrian activities runs high. This trail system, would mean another. type of recreatioxiail opportunity, convenient to the City, yet~ offering a refreshing change of environment. Objective MS. Protect thehikin& biking,jogging and horseback riding interests and needs in The City by maintaining existing trails and by promoting the:development surd expansion of the City's trail system tot the purpose of providiog'A safe and vItibloform of re'e"ion and circulation, Policies I0.11 I. Acquire rights-of-way in fee or easement for the Oity's tntils sys aas, as depicted on the Land Ust/Circulation Map and the Master plan of Dikewayslfraiis, and'encourdgc ita logical development. avoiding unrelated trail vgments. 10.8.Z Mstilute joint agreements and encroachmerihpermits, where possible, With the public and private sectors (e.g. utility coaspanies,water districts,development companies and honavoamera associatio4s)that control casemenu and unused rights-of=Way for the purpose, of Wcorpor*W,$ such lands into permiumt tail finhages throughout the City. 10,8.3. Acquire open space easements, where feasible, from private landowners for trail corridors in room for tax inccntivea, 10.8.4. Develop trail standards, as necessary, that allow for a comprehensive and Safe trail system, including adequate width and signsge. Sarrface drainage of trails along hillsides shall be provided so ai not to affect the stability of the hillsides. Drainago devices sufficient to control nmoff will be provided as needed. 10.8.5. Develop and adopt an inspection and maintenance:program that add, the condition,a Wntensuice and safety of the trail system. 10.8.6. Rcaogoiu the Whitewste,f River Wash,the Palm Canyon Wssh and the Tabquitz Wash as valuable open spaces and community resources, encoma&S the prrservAdon of their recreational trail berilage. Seek to develop trails and related limited facilities far horseback rid'sag, hiking,,bicycling and jogging in the 313M3 IV-55 Washes,that interconnect with City Parks and recreation mess, and provide link_age opportunities between - open space areas and other desert cities and trail systerps. WSJ. Reeogsize the significance of mountainous area as a mereational asset, encouraging the&VOloprnent of equestrian and hiking trails as depicted on the Trails Map. Such trails should avoid habitats and critical water sources for rare and endangr:rCd species- . 10.9.8. New residential developments that include recreational land uses shall incorporate appropriate equestrian and bike trail connections to the City-wide recreational system. 10.8.9, Investigate an inter-City/County cooperation agreement for the development and maintenance of trail systems. lU.B.IU. Maximize and insure the linkag .of existing and proposed trail systems (pedestrian, bicycle and equestrian). IU:8.11- Provide for multiple-use trails where feasible unless safety considenuiotm warrant facility separation- to.8.12. Provide appropriate supportive facilities related to recreation Irails(rest stops,drinkibg fountains, restroorm). IO.S.13. Exariwte and evaluate potential ties to existing public and private facilities (Sunrise Plaza, High School recreations! facilities). to.11.14. Plan the integration of the followiag'existiog or proposed features. Tahquitz Flood Control Project(equestrian and bikisway facilities) Tahquitz Canyon Historic Site Fairchild's Bd Air Greens Mesquite Country Club - DeMuth Park (soccer, baseball and other rdcwation facilities). - Equestrian Center - Municipal Golf Course and proposed expansion - Desert Preserve - Regional and City-wide Bikeway Systerds - Stintiac Pbizamigh School Complex V1193 IV-56 � 1 44 ; ✓.4 14 C I 11^ ESCUEGA •� I I \ ' 46 44 t 44 \ 1 NCC Y;SrA _ _ _ CHINO� WD � ps 44 w C .\ e4 LSX lap I � III J \ ND O I FqLk1 �W \ 1 y ----jC0 U 6P0,1,4 5 w t LEGEND I'I � LSR= Large Scale�Resortup to 30 du/ac.NCC: Nei hborhood p A/APaIIT \\ 9 z Convenience Center N3a N3a PS v I l/1 Fire Station ®Iu \\ GolfI C> \ P Mr5 > P IND: Industrial li cA Bikeway Pedeshian Path Existing General Plan The K Mh Cnmpanes ..�� ENVIRONMENTAL ASSESSMENT I CITY OF PALM SPRINGS , �� II c F3CUE�A ' )€ 4c Ncc `\ ' Vista Chino ,,. 1P 44 S.R c c4 H30 F—i IND M16 Qi PR JECT SIT d' c F L6 M on '• LEGEND Fmf.ct by�y.�y Palm L6. - , � law w.w,.RwWntlY Springs \ M15 M.tliYm DrrRy RrMrMly International Airport � "° w IND 0 NCC NYyhbwhootl ComWMo. C.nfv UR W!flcW R�or1 Cotiyv.tbn F"lMNon NUMBER 5.0666-B-PDD-231 [:PROPO:SE:DG:ENERAL PLAN LAND USE DESIGNATIONS TY OF PALM SPRINGS P A j Y� 62> C. 2 r 3 t4C l 0l8 ��e7r�a��pe�5 d'e cq 922 3q AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0666-13- PD-231, The Palm Springs Classic, for an application for a General Plan Amendment, a Preliminary Planned Development District#231, approval of Tentative Parcel Map#30928, and Vacation of a portion of the west 15 feet of the San Joaquin right of way, on a 460 acre site, located at the southeast corner of Vista Chino and Gene Autry Trail, W-M-1-P, W-0-5, W Zones, Sections 7& 8; applicant, PS Investment company, LLC,was mailed to each and every person on the attached list on the 301h day of June, 2003. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 30`h day of June, 2003. PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.0666- B-PD-231 -THE PALM SPRINGS CLASSIC, AN APPLICATION FOR: (A) A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM IND (INDUSTRIAL) TO L4 (LOW DENSITY RESIDENTIAL 4 DU/AC), L6 (LOW DENSITY RESIDENTIAL 6 DU/AC), M8 (MEDIUM DENSITY RESIDENTIAL 8 DU/AC), AND H30 (HIGH DENSITY 30 DU/AC), AND AMEND THE GENERAL PLAN TEXT, INCLUDING POLICY 3.30.13 AND ASSOCIATED DESCRIPTIVE TEXT REGARDING THE PALM SPRINGS CLASSIC; (B)A PRELIMINARY PLANNED DEVELOPMENT DISTRICT#231 FOR A MIXED USE PROJECT COMPOSED OF AN 18 HOLE GOLF COURSE, DRIVING RANGE (GOLF EXPANSION AREA), HOTEL, VACATION OWNERSHIP UNITS, SINGLE FAMILY HOMES, MULTI-FAMILY HOMES, (MAXIMUM OF 1450 UNITS) OFFICE, RETAIL USES, SUPPORT FACILITIES AND A ONE ACRE FIRE STATION SITE; (C)APPROVAL OF TENTATIVE PARCEL MAP#30928; AND (D) VACATION OF A PORTION OF THE WEST 15 FEET OF THE SAN JOAQUIN RIGHT OF WAY, ON A 460 ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL (HIGHWAY 111), W-M- 1-P, W-0-5, W ZONES, SECTIONS 7 AND 18. Applicant: PS Investment Company, 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 July 16,2003.The City Council public hearing meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for an environmental assessment, a General Plan Amendment to amend the General Plan designation from IND(Industrial)to L-6(Low Density Residential), M-8(Medium Density Residential) and H-30 (High Density Residential) and a Preliminary Planned Development District ) and related General Plan text amendment including Policy 3.30.13, and related text, and a tentative parcel map for finance purposes, for the development of 1,450 residential units,a 450 room resort hotel with related visitor serving commercial uses,and an 18-hole golf course and related practice facilities and future development of a 9-hole executive golf course, on 460 acres, in lieu of a change of zone. Pursuant to Section 21000 et seq. of the Public Resources Code and Section 15063 of the California Environmental Quality Act Guidelines,a Mitigated Negative Declaration has been prepared.The project is likelyto have impacts in the following areas land use, geology,water, air quality,transportation, biological resources, hazards, noise, public services, utilities and service systems,aesthetics.The Mitigated Negative Declaration is tiered off of the Palm Springs Classic Environmental Impact Report of 1994. Based on this report, it has been determined that the proposed project may incrementally contribute to, but will result in no new un-mitigated significant impacts,other than those previously identified in the Palm Springs Classic EIR of 1994. At this meeting, the City Council is expected to approve the proposed Mitigated Negative Declaration. The proposed map, Initial Study and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245, Patricia Sanders City Clerk Publish: June 30, 2003 The Desert Sun G f3cUELA , /Np \ N,cc Vista Chino I{I n f [A SR p 44 e ' C C H30 I—1 IND Q - M15 (�p� PR JECT SIT � F 0 L6 ♦♦i♦ LEGEND ♦ � Pmj.cl BoYM.ry \ ♦ L6 �u law O..ey a..m U (4tl Ihp unh.wwm) Palm \ 0a.. P..awe� � le dwNlhp unea p.r.m) Springs \ M15 (i'I4 11"unft W wm) International _ N]0 Highh1.fty .W Airport IND 0 e.n.n Ca nmwcW INc Bu.lms./Irdu.41Y Ncc Wgh4ahood Conwnl.nc. G.W 45R camm.hM Fin Sl.Uoe CASE NUMBER 5.0666-B-PDD-231 PROPOSED GENERAL PLAN LAND USE DESIGNATIONS CITY OF PALM SPRINGS Neighbgrhoo C lition List MR BILL DAVIS AND as of March, 2 3 MR PETER DIXON MS TRISHA DAVIS Case 5.0666 J ne 11, 2003 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 P.C. Heari i MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS-J=J =J-J -J-J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE -J =J =J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 I Marvin D. Roos Pat Blew Mainiero, Smith & Associates P. S. Investment Company, LLC 777 E. Tahquitz Canyon Way 1804 The Strand Suite 301 Manhattan Beach, CA 90266 Palm Springs, CA 92262 (Steve Patterson !Centex Destination Properties Pat Blew j2275 Corporate Circle P. S. Investment Company, LLC Suite 230 1804 The Strand jHenderson, NV 89074 Manhattan Beach, CA 90266 10 Van Stevens Forma 17500 Redhill Ave Suite 100 Irvine, CA CA 92626 �! p Kenneth T. Carey Stephen J. Mitchell iP.S. Investment Company, LLC I Squire, Sanders & Dempsey 1804 The Strand 201 N. Franklin Manhattan Beach, CA 90266 ;Suite 200 Tampa, FI 33602 677 321 002 677 321 003 677 321 011 Kathleen Schulte Renee Labome Jose Torres&Maria Villa 30644 San Joaquin Dr 30670 San Joaquin Dr 30673 San Antonio Dr II Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 321 012 677 321 013 322 0 Simon Rosas&Hilda Rosas I Ascencion Fregozo&Margarita Acosta 1 1 Hect uno �`�O-07j 30645 San Antonio Dr 1 30617 San Antonio Dr 303 Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 tltedral , CA 92234 677 322 002 7 410 009 G L� ! 1 677 4 0 O10 Gerald&Barbara Houcek Ci f edral City Cimarr0 G Club 30632 San Antonio Dr PO 001 1 6760330 Sve Cathedral City, CA 92234 j hedral , CA 92235 Cathc i CA 92234 ii 1 1 I 677 453 008 1 677 461 009 677 461011 First&Center Ltd Palm Springs Mflp Michael&Catherine Mygrant 929 E 2Nd St#101 73101 Highway 111 #1 3271 Arden Rd Los Angeles, CA 90012 i Palm Desert, CA 92260 Hayward, CA 94545 I I 677 461 013 677 461 14 Jay&Antoinette Revell Palm Spni Mile 5711 W 74Th St 73101 h ay 11l#1 Los Angeles, CA 90045 Pall esert, 92260 ( II 11 1 i I V£ZZ6 VD ` rD IE uD b£ZZ6 VD `fl?D IEfPanDuD SOOZ6 VD `PEgs1'uD any £ £09L9 0AV A.LO£ £09L9 O#3nV,(Epu93 S£ZZ qnT�, o .mM!3 qulD ROD uoxrewlD oD fllD luipmpuD msdeD � V9S 9 600 £95 519 600 9LL V19 600 677 301005 677 301 006 677 301 007 Jose Corona Dionisia Duarte Juh Roeha 30472 San Joaquin Dr 881 Bourbon St#1 30410 San Joaquin Dr i Cathedral City, CA 92234 Pahrmnp,NV 89048 Cathedral City,CA 92234 677 301 008 677 301 009 677 301 010 Greg Lang Raul Cruz Juan Antonio Rios&Maria Teresa San 15875 N Crystal Springs Or 30346 San Joaquin Dr 30310 San Joaquin Dr Palm Springs, CA 92262 Cathedral City, CA 92234 Cathedral City, CA 92234 ( ( I 677 301011 677 301012 677 301013 Amalia Ulloa&Rogelio Nunez Augusto&Zoila Juarez-Chan Lorena Castaneda 30311 San Antonio Dr 30345 San Antonio Dr 30387 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 301 014 677 301 015 677 301 016 Alma Fernandez Filiberto Moreno&Jesus Saavedra Simon&Luz Serrano I 30411 San Antonio Dr j 30441 San Antonio Dr Z Carlos Cathedral City, CA 92234 Cathedral City, CA 92234 30473 San Antonio Dr Cathedral City, CA 92234 677 301017 677 301 018 677 301019 Philip Palacios&Grace Palacios Gabriel Ortiz Roy Henry&Lupe Henry 30499 San Antonio Dr 30523 San Antonio Dr 30557 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 301 020 677 302 001 677 302 002 Santos Juarez&Nicolasa Guix Antonio Hernandez&Carmen Hernan Ramiro Solis&Sylvia Loya Haro 30591 San Antonio Dr PO Box 2063 30844 San Gabriel Cir Cathedral City, CA 92234 Cathedral City, CA 92235 Cathedral City, CA 92234 1 677 302 003 677 302 004 677 302 005 Juana Munoz Lena Weinstein Luis Sanchez&Diana Moreno 30366 San Antonio Dr PO Box 570402 30404 San Antonio Dr Cathedral City, CA 92234 Tarzana, CA 91357 Cathedral City, CA 92234 677 302 006 677 302 007 677 302 008 Maria Josefina Carbajal-Bernal Lee&Gloria Higueros Mcdardo Marquez&Ana Marquez 30422 San Antonio Dr 30456 San Antonio Dr 30472 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 I f 677 302 009 677 302 010 677 302 011 Francisca Sauceda Elanne Youngberg Luis Manuel Rios 30488 San Antonio Dr 30514 San Antonio Dr 67325 Mission Ct Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 302 012 677 302 013 677 321001 Wynema Newton Som&Reklna Bali Milton Quintan ilia&Leydi Ramos 30562 San Antonio Dr 30588 San Antonio Dr 30616 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 291018 677 292 007 677 292 008 Cath Cy Redev Agency Juan Segovia&Andrea Segovia Jose Gutierrez 35325 Date Pahn Dr PO Box 1048 67101 SanMateo Dr Cathedral City, CA 92234 Cathedral City, CA 92235 Cathedral City,CA 92234 II ! � 677292009 677 292 010 677 292 011 Bernardo&Alejandro Solaro Mollie Faye Hall Young Angelita Lopez 67089 San Mateo Dr 30146 San Antonio Dr 30154 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 292 012 677 292 013 677 292 014 Efrain&Ana Gomez Jaime Perez Gonzalo Rafael Flores Perez 30198 San Antonio Dr 30220 San Antonio Dr 30234 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City,CA 92234 677 292 015 677 292 016 677 293 006 Jorge Nunez Ernestina Biggerstaff Secretary Of Bud 30266 San Antonio Dr 9578 Gala Ave 30157 San Diego Dr Cathedral City, CA 92234 Alta Loma, CA 91701 Cathedral City,CA 92234 677 293 007 i 677 293 008 677 293 009 Ruby Moore-Payne Ruben Franz&Eloisa Franz Hector&Blanca Barrio 67185 San Mateo Dr 67165 San Mateo Dr 30136 San Luis Rey Dr Cathedral City, CA 92234 Cathedral City, CA 92234 i Cathedral City, CA 92234 677 294 002 677 294 003 677 294 004 Sonia Sanchez Guadalupe&Maria Gutierrez Molly Lenna&Laurie Ann Lerma 25844 Walker St 30050 Dia PI 30076 Dia Pl San Bernardino, CA 92404 Cathedral City, CA 92234 Cathedral City,CA 92234 ' i 677 294 005 677 294 006 677 294 007 Ramon&Matilde Moreno Anita Franz Juan Jimenez&Maria Ortiz Jiminez 67166 San Mateo Dr 67184 San Mateo Dr 67200 San Mateo Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 008 677 294 009 677 294 010 Juan Jimenez Donald Dumas Gabriel&Teresa Mitre 30120 San Diego Dr 30130 San Diego Dr 30140 San Diego Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 011 677 294 012 677 29 018 Marc Jutras&Doris Jutras David Sonia&Jovita Serna Cv 30170 San Diego Dr 30200 San Diego Dr PO B O58 Cathedral City, CA 92234 Cathedral City, CA 92234 Coac ells, CA 92236 677 301 002 677 301 003 677 301 004 Rolando Marroquin Salvador Serrano Thomas&Yvonne Dumas 67139 Mission Dr 30522 San Joaquin Dr 30498 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 234 004 677 234 016 677 234 017 Richard&Sharon Ann Broadie Lakshman&Chrisanihie Wickremesin James Coogan PO Box 015 2792 Fyler PI 3600 E Camino Rojas Palm Springs, CA 92263 Los Angeles, CA 90065 Palm Springs, CA 92262 i 677 234 018 677 234 019 241 —b_a3 Walter Hause Jr. &Patricia Hause Margaret Ma iaci Tho Brewster 3666 E Camino Rojos 3694 E Camino Rojos 35 E an Cir Palm Springs, CA 92262 Palm Springs, CA 92262 m Spring , CA 92262 677 241 002 677 241 003 1 677 241004 George Hughes Sr. Michael Micotto Howard&Betty Weinrich 1335 S San Joaquin Dr PO Box 77 3696 E Vivian Cir Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92262 677 241 005 677 241 006 677 241 015 Richard Parzinsky Edelgard Asghariweiss Ramien Shalizi 3670 E Vivian Cir 471 E Claremont St 3607 E Camino Rojos Palm Springs, CA 92262 Pasadena, CA 91104 Palm Springs, CA 92262 677 241 016 677 241017 677 241 018 William Newman Antonio Reyes&Gloria Reyes Vaughn Brudvik 3663 E Camino Rojos 3695 E Camino Rojos 1402 Via Roberto Miguel Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 677 241 020 677 241021 677 242 035 Lakshman&CMsantlie Wickremesin Lakshman&Chrisanlhie Wickremesin Nicholas Urbino 2792 Fyler PI 2792 Fyler PI 3660 E Chia Rd Los Angeles, CA 90065 Los Angeles, CA 90065 Palm Springs, CA 92262 677 250 017 7 250 0 fe�b��3 7 250 0 Bird Medical Technologies Inc Mc ugh Inv;Mccullough Chevrolet Ga d 1100 Bird Center Dr 23 it re Ct 688 ez Rd#29 Palm Springs, CA 92262 amo, CA 0, thedral 'ty,CA 92234 677 250 24 677 250 0 5 1 6772 77 00 Bird Medi eclwolagies Inc Cvw Desert < er Agency 1100 Bird Cc er Dr PO Box 58 PO Box 1 0 Palm Spring 92262 Coachell, 92236 Palm Sp ng , CA 92263 677 250 027 677 250 028 677 250 029 Desert Water Agency Riverside County Flood Cent White Brothers Inv Co 1 PO Box 1710 1995 Market St 1445 N Sunrise Way#201 Palm Springs, CA 92263 Riverside, CA 92501 Palm Springs, CA 92262 677 260 007 677 260 012 677 260 014 Desert Sun Publishing Co City OLkalju Springs DTP pnngs Inter-Continental Go 750 N Gene Autry Trl PO Box 243 NOS T NAME or NUMBER Palm Springs, CA 92262 Palm Spri CA 92263 CA 6�046,6 675 040 002 675 040 029 675 040 057 U i d ' cwd 11 UnkTUnkn 07-01-97 PO o 1058 P o 1058 07-01-97CA I Coac a, CA 92236 Coac ells, CA 92236 i 675 040 058 675 040 059 675 040 061 CVNW CvcN4 Cvcwd PO Bo 58 PO Bo 1058 PO Box 1058 Coache a, A 92236 Coac el , CA 92236 Coachella, CA 92236 677 030 031 677 040 004 677 040 005 N6 7 Chris&Lorraine Mullen Elena Mojica Un wn 38635 Maracaibo Cir W 68462 Corta Rd C Palm Springs, CA 92264 Cathedral City, CA 92234 I ' 677 040 022 677 040 023 677 040 027 U% 7 Southern California Edison Co Sossa Un I PO Box 800 3700 E Vista Chino C Rosemead, CA 91770 Palm Springs, CA 92262 677 040 028 677 040 029 677 040 030 David&Celine Kaiser Bill&Regina Kobayashi 67 30276 Avenida Ximino 10055 Stilbite Ave U wn Cathedral City, CA 92234 Fountain Valley, CA 92708 C 677 040 031 677 220 014 677 220 016 Y Pal prin sinter-Continental Golf Dt Lakshman&Chrisanthie Wickretnesin nNO T NAME or NUMBER Deep CA 2792 Fyler PI Los Angeles, CA 90065 677 231001 677 231 002 677 231 003 John Hendrick Jr. Elayne Rosenberg Eugene&Billie Jean Haas 4915 Lee Cir N 3666 E Pasco Barbara 3622 E Pasco Barbara Lehigh Acres,FL 33971 Palm Springs, CA 92262 Palm Springs, CA 92262 677 232 012 677 232 013 232 Robert Donald Nancy Nolan 7 M 'atns "d3 PO Box 128 3663 E Paseo Barbara 36 E Pas Barbara Oakland, CA 94604 Palm Springs, CA 92262 alm Springs, A 92262 677 232 022 677 232 023 677 232 024 Stephen Lappe Larry Haist William&Bernice Gilchrist 3622 E Avenida Fey Norte 9039 Bertrand Ave 9039 Bertrand Ave Palm Springs, CA 92262 Northridge, CA 91325 Northridge, CA 91325 677 234 001 677 234 002 677 234 003 Johnny Siiduego 'John Burke Andy Dick 3691 E Avenida Fey Norte 3667 E Avenida Fey Norte 1128 Brent Ave Palm Springs, CA 92262 Palm Springs, CA 92262 South Pasadena, CA 91030 677 260 015 I �� 677 260 016 677 260 017 City Of Pahn ngs City Of P Springs City Of n Springs PO Box 2743 PO Box 2 PO Box 43 i Palm Springs, 2263 Palm Sp" , A 92263 Palm Sp n s, CA 92263 677 260 018 677 260 019 677 260 022 j City Of Palm Sp 'ngs City Of P + Springs City f alm Springs PO Box 2 PO Box 2� PO B 2743 Palm Springs, 92263 Palm Spri CA 92263 Palm gs, CA 92263 677 260 026 677 260 027 677270011 Aec Ltd Partnership Aec L P rtn rship Atlantic Oil Co&CS3F PARTNERSH 2408 S Queen St 2408 S een St PO Box 2744 Arlington, VA 22202 Arlingt A 22202 Palm Springs, CA 92263 677 270 015 677 210 0 7 677 270 018 City Of P m prings City f P In City Of Palm Springs PO Box 27 PO Bo 743 PO B 274 Palm Sprin s, A 92263 Palm S ' gs, CA 92263 Palm S gs, CA 92263 677 270 030 677 270 031 677 291 001 Cityb PaIr Springs City Of m prings Sophie Thomson PO Box 3 PO Box 27 A 92263 s 8655 Whmetka Ave n F ,Palm Sp CA 92263 Palm Spri , Canoga Park, CA 91306 677 291 002 677 291003 677 291 004 Cirino Moreno Margaret Osban Ramona Moreno&Katharine Jimenez 67106 San Mateo Dr 67094 San Mateo Dr 67082 San Mateo Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 291 005 7 291 0 677 291008 Kaugo Imazu&Irene Imazu Ca City Redevelopment Agency John Avila Jr. 67070 San Mateo Dr PO 6x 1 (a -.-03 30146 San Joaquin Dr Cathedral City, CA 92234 Wiedral City, A 92235 Cathedral City, CA 92234 677 291 009 677 291 010 677291011 Juan Avila&Rosa Avila Ismael Ramirez Jose Flores&Juana Beltran 30198 San Joaquin Dr 30220 San Joaquin Dr 30246 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 291 012 677 291 013 677 291 014 Rosalina Nava&Elba Gonzalez Olga Rojas Martha&Noel Garza 30282 San Joaquin Dr 30283 San Antonio Dr F Joan Cathedral City, CA 92234 Cathedral City, CA 92234 30247 San Antonio Dr Cathedral City, CA 92234 677 291 015 677 291 016 677 291017 Antonio Mendez Mario Jiminez&Ramona Jiminez Darlene Elizabeth Cole 30223 San Antonio Dr 30189 San Antonio Dr Mark Pat McKinney Cathedral City, CA 92234 Cathedral City, CA 92234 30145 San Antonio Dr Cathedral City,CA 92234 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 9th day of May, 2003, 1 served the within NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE NO.5.0666-B-PDD-231 to consider an application for an environmental assessment,a General Plan amendment to amend the General Plan designation from IND(Industrial)to L-6(Low Density Residential), M-8(Medium Density Residential), H-30 (High Density Residential, and a Preliminary Planned Development District) for the development of 1,450 residential units, a 450 room resort hotel with related visitor serving commercial uses , and an 18-hole golf course and related practice facilities, and future development of a 9-hole executive golf course, on 460 acres, in lieu of a change of zone at the south east corner of Vista Chino and Gene Autry Trail. This Notice was served on persons contained in Exhibit"A"attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated within the lat six months, certified by the City's Principal Planner, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. l Loretta D. Moffett Dated at Palm Springs, California, this 9th day of May, 2003. NOTICE OF PUBLIC HEARING PLANNING COMMISSION Case No. 5.0666-B-PDD-231 A General Plan Amendment and a Planned Development District (PD No. 231)for the development of 1,450 residential units, a 450 room resort hotel with related visitor serving commercial uses, and an 18- hole golf course and related practice facilities and future development of a 9-hole executive golf course, on 460 acres, located at the south east corner of Vista Chino and Gene Autry Trail, Zone W-M-1-P, W-M- 1-P-N and W, Section 7 and 18. Applicant: PS Investment Company, LLC. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of June 11, 2003. The Planning Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:00 pm)in the City Council Chamber at City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for an environmental assessment, a General Plan Amendment to amend the General Plan designation from IND (Industrial)to L-6 (Low Density Residential), M-8 (Medium Density Residential) and H-30 (High Density Residential) and a Preliminary Planned Development District ) for the development of 1,450 residential units, a 450 room resort hotel with related visitor serving commercial uses, and an 18-hole golf course and related practice facilities and future development of a 9-hole executive golf course, on 460 acres, in lieu of a change of zone. Pursuant to Section 21000 et seq. of the Public Resources Code and Section 15063 of the California Environmental Quality Act Guidelines, a Mitigated Negative Declaration has been prepared. The project is likely to have impacts in the following areas: land use, geology, water, air quality, transportation, biological resources, hazards, noise, public services, utilities and service systems,aesthetics.The Mitigated Negative Declaration is tiered off of the Palm Springs Classic Environmental Impact Report of 1994. Based on this report, it has been determined that the proposed project may incrementally contribute to, but will result in no new un-mitigated significant impacts, other than those previously identified in the Palm Springs Classic FIR of 1994. At this meeting,the Planning Commission is expected to recommend that the City Council approve the proposed Mitigated Negative Declaration. The proposed map, Initial Study and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting.Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property.An opportunitywill be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff,Principal Planner, Department of Planning &Zoning, (760)323-8245. ADouglasEvans Director of Planning and Zoning Fax to Desert Sun: May 7, 2003 Printed in Desert Sun: May 11, 2003 Mailing: May 10, 2003 Public Hearing Notices Notification Information for Planning Commission Hearing on June 11 , 2003 Case No. 5.0666-B-PDD-231 Applicant Name: Palm Springs Investment Company, LLC 1804 the Strand Manhattan Beach, Ca 90266 Project Location & SE corner of Vista Chino and Gene Autry Trail. General Plan Amendment and Planned Development District to develop 1,450 residential units, a 450 room resort hotel, an 18-hole golf course. and a 9-hole executive golf course on 460 acres Assigned Planner: Alex Meyerhoff, Principal Planner Labels Prepared by: Yoav Shernock, Planning Technician Certification to City Clerk Date: May 9, 2003 Property Owners / Groups / Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors May 9, 2003 7 Property Owners: Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) 128 Indian Land Owners via BIA May 9, 2003 8 Neighborhood Coalition May 9, 2003 9 Homeowners Association ONIPP Agua Caliente Band of Cahuilla Indians Rep May 9, 2003 1 City Rep for Verification May 9, 2003 1 1 TOTAL NUMBER MAILED: 154 PALM S City of Palm Springs �'`^ ••• '', Department of Planning &Zoning �4F00.� MEMORANDUM Date: May 9, 2003 From: Alex Meyerhoff Principal Planner Subject: Mailing Labels for Notice of Public Hearing on June 11, 2003 Planning Commission, Case No. 5.0666-B-PDD-231 Palm Springs Investment Company, LLC This is to certify that the attached labels were created within the last six months of the above date using the most current information available. To the best of my knowledge,the labels are complete and accurate. M-4 W 1, Alex Mey rhoff Principal Planner May 9, 2003 :Idm 5� 675 040 002 675 040 029 675 040 057 U Bi wd.' cwd 11 Unkn a 07-01-97 PO o 1058 P o 1058 CA Coac a, CA 92236 Coac ella, CA 92236 675 040 058 675 040 059 675 040 061 Cvc Cvcwd PO Bo 58 PO Bo 1058 PO Box 1058 Coache a, A 92236 Coac ell , CA 92236 Coachella, CA 92236 677 030 031 677 040 004 677 040 005 Uka 6 7 Chris&Lorraine Mullen Elena Mojica Un ow i S 38635 Maracaibo Cir W 68462 Corta Rd C Palm Springs, CA 92264 Cathedral City, CA 92234 677 040 022 677 040 023 677 040 027 U 6 7 Southern California Edison Co Sossa Unk wn S PO Box 800 3700 E Vista Chino C Rosemead, CA 91770 Palm Springs, CA 92262 677 040 028 677 040 029 677 040 030 David&Celine Kaiser Bill &Regina Kobayashi 67 30276 Avenida Ximino 10055 Stilbite Ave Unk wn S Cathedral City, CA 92234 Fountain Valley, CA 92708 C 677 040 031 677 220 014 677 220 016 Y,a6, Pal pnn s Inter-Continental GolfDt Lakshman&Cluisanthie Wickremesin n S NOS T NAME or NUMBER Deep CA 2792 Fyler PI Los Angeles, CA 90065 677 231 001 677 231 002 677 231 003 John Hendrick Jr. Elayne Rosenberg Eugene&Billie Jean Haas 4915 Lee Cir N 3666 E Pasco Barbara 3622 E Pasco Barbara Lehigh Acres,FL 33971 Palm Springs, CA 92262 Palm Springs, CA 92262 677 232 012 677 232 013 677 232 014 Robert Donald Nancy Nolan J M Williams PO Box 128 3663 E Pasco Barbara 3677 E Pasco Barbara Oakland, CA 94604 Palm Springs, CA 92262 Palm Springs, CA 92262 677 232 022 677 232 023 677 232 024 Stephen Lappe Larry Haist William&Bernice Gilchrist 3622 E Avenida Fey Norte 9039 Bertrand Ave 9039 Bertrand Ave Palm Springs, CA 92262 Northridge, CA 91325 Northridge, CA 91325 677 234 001 677 234 002 677 234 003 Johnny Sinfuego John Burke Andy Dick 3691 E Avenida Fey Norte 3667 E Avenida Fey Norte 1128 Brent Ave Palm Springs, CA 92262 Palm Springs, CA 92262 South Pasadena, CA 91030 677 260 015 677 260 016 677 260 017 City Of Palm rgs City Of P l Springs City Of in Spring' PO Box 2743 PO Box 2 PO Box 43 Palm Springs, A 2263 Palm Sprin , A 92263 Palm Sp n s, CA 92263 677 260 018 677 260 019 677 260 022 City Of Palm Sp ings City Of Pal Springs City f alm Springs PO Box 2 PO Box 2 3 PO B 2743 Palm Springs, 92263 Palm Sprit A 92263 Palm gs, CA 92263 677 260 026 677 260 027 677 270 011 Aec Ltd Partnership Aec L P rtnership Atlantic Oil Co&CS3F PARTNERSH 2408 S Queen St 24N S eeu St PO Box 2744 Arlington, VA 22202 Arlin gt r, A 22202 Palm Springs, CA 92263 677 270 015 677 270 0 7 677 270 018 City Of P m prings City f P m Springs City Of Palm Springs PO Box 27 PO Bo 7, PO B 274 Pahn Sprin s, A 92263 Palm S gs, CA 92263 Palm S gs, CA 92263 677 270 030 677 270 031 677 291 001 City Pal Springs City Of rn prings Sophie Thomson PO Box 3 PO Box 27 8655 Wimretka Ave Palm Spri , CA 92263 Palm Spri s, A 92263 Canoga Park, CA 91306 677 291 002 677 291 003 677 291 004 Chino Moreno Margaret Osban Ramona Moreno&Katharine Jimenez 67106 San Mateo Dr 67094 San Mateo Dr 67082 San Mateo Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 291 005 677 291 007 677 291 008 Kango Imam&Irene Imazu Cathedral City Redevelopment Agency John Avila Jr. 67070 San Mateo Dr PO Box 5001 30146 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92235 Cathedral City, CA 92234 677 291 009 677 291 010 677291011 Juan Avila&Rosa Avila Ismael Ramirez Jose Flores&Juana Beltran 30188 San Joaquin Dr 30220 San Joaquin Dr 30246 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 291 012 677 291 013 677 291 014 Rosalina Nava&Elba Gonzalez Olga Rojas Martha&Noel Garza 30282 San Joaquin Dr 30283 San Antonio Dr F Joan Cathedral City, CA 92234 Cathedral City, CA 92234 30247 San Antonio Dr Cathedral City, CA 92234 677 291 015 677 291 016 677 291 017 Antonio Mendez Mario Jiminez&Ramona Jimenez Darlene Elizabeth Cole 30223 San Antonio Dr 30189 San Antonio Dr Mark Pat McKinney Cathedral City, CA 92234 Cathedral City, CA 92234 30145 San Antonio Dr Cathedral City, CA 92234 677 301 005 677 301 006 677 301 007 Jose Corona Dionisia Duarte Juli Rocha 30472 San Joaquin Dr 881 Bourbon St#1 30410 San Joaquin Dr Cathedral City, CA 92234 Pahrump,NV 89048 Cathedral City, CA 92234 677 301 008 677 301 009 677 301 010 Greg Lang Raul Cruz Juan Antonio Rios&Maria Teresa San 15875 N Crystal Springs Dr 30346 San Joaquin Dr 30310 San Joaquin Dr Palm Springs, CA 92262 Cathedral City, CA 92234 Cathedral City, CA 92234 677301011 677 301 012 677 301 013 Amalia Ulloa&Rogelio Nunez Augusto&Zoila Juarez-Chan Lorena Castaneda 30311 San Antonio Dr 30345 San Antonio Dr 30387 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 301 014 677 301 015 677 301 016 Alma Fernandez Filiberto Moreno&Jesus Saavedra Simon&Luz Serrano 30411 San Antonio Dr 30441 San Antonio Dr Z Carlos Cathedral City, CA 92234 Cathedral City, CA 92234 30473 San Antonio Dr Cathedral City, CA 92234 677 301 017 677 301 018 677 301 019 Philip Palacios&Grace Palacios Gabriel Ortiz Roy Henry&Lupe Henry 30499 San Antonio Dr 30523 San Antonio Dr 30557 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 301 020 677 302 001 677 302 002 Santos Juarez&Nicolasa Guix Antonio Hernandez&Carmen Hernan Ramiro Solis&Sylvia Loya Haro 30591 San Antonio Dr PO Box 2063 30844 San Gabriel Cir Cathedral City, CA 92234 Cathedral City, CA 92235 Cathedral City, CA 92234 677 302 003 677 302 004 677 302 005 Juana Munoz Lena Weinstein Luis Sanchez&Diana Moreno 30366 San Antonio Dr PO Box 570402 30404 San Antonio Dr Cathedral City, CA 92234 Tarzana, CA 91357 Cathedral City, CA 92234 677 302 006 677 302 007 677 302 008 Maria Josefina Carbajal-Bernal Lee&Gloria Higueros Medardo Marquez&Ana Marquez 30422 San Antonio Dr 30456 San Antonio Dr 30472 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 302 009 677 302 010 677 302 011 Francisca Sauceda Elanne Youngberg Luis Manuel Rios 30488 San Antonio Dr 30514 San Antonio Dr 67325 Mission Ct Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 302 012 677 302 013 677 321 001 Wynema Newton Som&Rekha Bali Milton Quintanilla&Leydi Ramos 30562 San Antonio Dr 30588 San Antonio Dr 30616 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 009 614 776 009 615 563 009615564 Capstar Cathedral City Co Cimarron Golf Club Cimarro <Ave lub 2235 Faraday Ave#O 67603 30Th Ave 67603 3Carlsbad,CA 92008 Cathedral City, CA 92234 CatlralCA 92234 PALM SA City of Palm Springs Department of Planning &Zoning " 3200 East Tahquitz Canyon Way « Palm Springs, CA 92262 « `°••°+.*• Telephone: 760-323-8245 c1ciFoaN�r Fax: 760-322.8360 E-mail: LorettaM@ci.palm-springs.ca.us F A X TRANSMISSION Date: May 8, 2003 To: Claudia Salgado, and Arvada Wilson Bureau of Indian Affairs From: Loretta Moffett, Senior Secretary , I Planning Department Subject: June 11, 2003 - Planning Commission Hearing Palm Springs Investment Company, LLC, Case No. 5.0666 Good morning Claudia and Arvada — Happy Friday! Here are the APN numbers for Indian landowners within the 400' radius of the above-referenced project who need to be notified of the June 11, 2003 Planning Commission Hearing. 675-040-002 667-030-031 677-040-022 677-040-030 677-040-031 009-614-776 009-615-563 009-615-564 1 am enclosing 10 notices and ask for your assistance in forwarding them on to the Indian landowners involved. I also understand that the Bureau already has enough of our postpaid envelopes to provide for this mailing. If that is not correct, please call me at 323-8245, ext. 8762 and I will gladly deliver the necessary envelopes to you. Again, many thanks for everyone's continued help at the Bureau! i �2.L Enclosures �- `' Neighborhood Coalition List MR BILL DAVIS AND as of March, 2003 MR PETER DIXON MS TRISHA DAVIS Case 5.0666, June 11, 2003 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 P.C. Hearing MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -J -J -=J-0--D-J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE -D =J =J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 Marvin D. Roos Steve Patterson SPONSORS --D =0 -D --D -=D Mainiero, Smith & Associates Centex Destination Properties 777 E. Tahquitz Canyon Way 2275 Corporate Circle Suite 301 Suite 230 Palm Springs, CA 92262 Henderson, NV 89074 Van Stevens Stephen J. Mitchell Pat Blew Forma Squire, Sanders & Dempsey P. S. Investment Company, LLC 17500 Redhill Ave 201 N. Franklin 1804 The Strand Suite 100 Suite 200 Manhattan Beach, CA 90266 Irvine, CA 92626 Tampa, FI 33602 Kenneth T. Carey Ken Feenstra P.S. Investment Company, LLC 385 Valmonte Norte 1804 The Strand Palm Springs, CA 92262 Manhattan Beach, CA 90266 677 32J 002 677 321 003 677 321 011 Kathleen Schulte Renee Labonte Jose Torres&Maria Villa 30644 San Joaquin Dr 30670 San Joaquin Dr 30673 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 321 012 677 321 013 677 322 001 Simon Rosas&Hilda Rosas Ascencion Fregozo&Margarita Acosta Hector Nuno 30645 San Antonio Df 30617 San Antonio Dr 30306 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 322 002 677 410 009 6774XOSve Gerald&Barbara Houcek City Of Cathedral City Cimalub 30632 San Antonio Dr PO Box 5001 67603Cathedral City,CA 92234 Cathedral City, CA 92235 CatheCA 92234 677 453 008 677 461 009 677461011 First& Center Ltd Palm Springs Mflp Michael&Catherine Mygrant 929 E 2Nd St#101 73101 Highway I I 1 #1 3271 Arden Rd Los Angeles, CA 90012 Palm Desert, CA 92260 Hayward, CA 94545 677 461 013 677X14Jay&Antoinette Revell Palp5711 W 74Th St 73111#1 Los Angeles, CA 90045 Pah92260 677 291 018 677 292 007 677 292 008 Cath Cy Redev Agency Juan Segovia&Andrea Segovia Jose Gutierrez 35325 Date Palm Dr PO Box 1048 67101 San Mateo Dr Cathedral City, CA 92234 Cathedral City, CA 92235 Cathedral City, CA 92234 677 292 009 677 292 010 677292011 Bernardo&Alejandro Solano Mellie Faye Hall Young Angelita Lopez 67089 San Mateo Dr 30146 San Antonio Dr 30154 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 292 012 677 292 013 677 292 014 Efrain&Ana Gomez - Jaime Perez Gonzalo Rafael Flores Perez 30198 San Antonio Dr 30220 San Antonio Dr 30234 San Antonio Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 292 015 677 292 016 677 293 006 Jorge Nunez Ernestina Biggerstaff Secretary Of Hud 30266 San Antonio Dr 9578 Gala Ave 30157 San Diego Dr Cathedral City, CA 92234 Alta Loma, CA 91701 Cathedral City, CA 92234 677 293 007 677 293 008 677 293 009 Ruby Moore-Payne Ruben Franz&Eloisa Franz Hector&Blanca Barrio 67185 San Mateo Dr 67165 San Mateo Dr 30136 San Luis Rey Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 002 677 294 003 677 294 004 Sonia Sanchez Guadalupe&Maria Gutierrez Molly Lerma&Laurie Ann Lerma 25844 Walker St 30050 Din PI 30076 Dia PI San Bernardino, CA 92404 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 005 677 294 006 677 294 007 &lmou&Matilde Moreno Anita Franz Juan Jiminez&Maria Ortiz Jiminez 67166 San Mateo Dr 67184 San Mateo Dr 67200 San Mateo Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 008 677 294 009 677 294 010 Juan Jimenez Donald Dumas Gabriel&Teresa Mitre 30120 San Diego Dr 30130 San Diego Dr 30140 San Diego Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 294 011 677 294 012 677 29 018 Marc Jutras&Doris Jntras David Serna&Jovita Serna Cv 30170 San Diego Dr 30200 San Diego Dr PO B 058 Cathedral City, CA 92234 Cathedral City, CA 92234 Coac ella, CA 92236 677 301 002 677 301 003 677 301 004 Rolando Marroquin Salvador Serrano Thomas&Yvonne Durnas 67139 Mission Dr 30522 San Joaquin Dr 30498 San Joaquin Dr Cathedral City, CA 92234 Cathedral City, CA 92234 Cathedral City, CA 92234 677 234 004 677 234 016 677 234 017 Richard&Sharon Arm Broadie Lakslunan&Chrisantlde Wickremesin James Coogan PO Box 615 2792 Fyler PI 3600 E Camino Rojos Palm Springs, CA 92263 Los Angeles, CA 90065 Palm Springs, CA 92262 677 234 018 677 234 019 677 241 001 Walter Hause Jr. &Patricia Hause Margaret Maniaci Thomas Brewster 3666 E Camino Rojos 3694 E Camino Rojos 3571 E Vivian Cir Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 677 241 002 677 241 003 677 241 004 George Hughes Sr. Michael Micotto Howard&Betty Weinrich 1335 S San Joaquin Dr PO Box 77 3696 E Vivian Or Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92262 677 241 005 677 241 006 677 241 015 Richard Parzinsky Edelgard Asghariweiss Ramien Shalizi 3670 E Vivian Cir 471 E Claremont St 3607 E Camino Rojos Patin Springs, CA 92262 Pasadena, CA 91104 Palm Springs, CA 92262 677 241 016 677 241 017 677 241 018 William Newman Antonio Reyes&Gloria Reyes Vaughn Brudvik 3663 E Camino Rojos 3695 E Camino Rojos 1402 Via Roberto Miguel Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 677 241 020 677 241 021 677 242 035 Lakshman&Chrisantlue Wickremesin Lakshman&Chrisanthie Wickremesin Nicholas Urbino 2792 Fyler PI 2792 Fyler PI 3660 E Chia Rd Los Angeles, CA 90065 Los Angeles, CA 90065 Palm Springs, CA 92262 677 250 017 677 250 022 677 250 023 Bird Medical Technologies Inc Mccullough Inv;Mccullough Chevrolet Gattd Ltd 1100 Bird Center Dr 230 Biltmore Ct 68845 Perez Rd 429 Patin Springs, CA 92262 Alamo, CA 94507 Cathedral City, CA 92234 677 250 24 677 250 015 677 0 0 Bird Medi eclmologies Inc Cvw Desert er Agency 1100 Bird Ce er Dr PO Box 58 PO Box 0 Patin Spring 92262 Coachella 92236 Palm Sp ng , CA 92263 677 250 027 677 250 028 677 250 029 Desert Water Agency Riverside County Flood Cont White Brothers Inv Co PO Box 1710 1995 Market St 1445 N Sunrise Way#201 Palm Springs, CA 92263 Riverside, CA 92501 Palm Springs, CA 92262 677 260 007 677 260 012 677 260 014 Desert Son Publishing Co City Of alr Springs D T Pab prings Inter-Continental Go 750 N Gene Autry Trl PO Box 3 NOS T NAME or NUMBER Palm Springs, CA 92262 Patin Spri 11�CA 92263 CA sent by: WORDEN,WILLIAMs,RICHMOND 1 858 755 5198; 07l18/2003 3:27PM; #829; Page 2/7 ' THE LAW O F FA C E S O F WARDEN,WILLIAMS, RICHMONI), BRECHTEL& KILPATRICK A PROFe$8tONA1. CORPORATION D. Dwight Warden yC, kimir Williams Aea STEVEN5 AVENUE .SUIT& loa elf C-umlNel Tracy L• RiehmenJ SOLANA aFACH.CALIFORNIA E7070 --IeSar 3I D.Wa arc Drechtel r5s-6&na y PAX 1e6al 75a-ally Terry K ilpatrick www.aotenalew.00l++ Tern IVi. Gihhs July 16,2003 City Council City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: Case 5.0666.-B-PD-231 The Palm Springs Classic Dear Honorable Mayor and Members of the City Council: On behalf of the Sierra Club and the Center for Biological Diversity,we are writing to object to the City's approval of The Palm Springs Classic(the"Project").' As it is currently designed,the proposed Project violates the California Environmental Quality Act and the California Subdivision Map Act because the Project will have a significant and unmitigated adverse affect on the endangered Coachella Valley milk vetch and other sensitive animals. I. Coachella Valley Milk Vetch The Mitigated Negative Declaration prepared for the Palm Springs Classic states that between 4 and 15 specimens of Coachella Valley milk vetch(Astragalus lentiginosus var, coachellae)Z have been located on'the Project site. The Mitigated Negative Declaration further states that,as a result of the proposed Project,all such specimens will be completely eliminated within the Project boundaries. Because the Coachella Valley milk vetch is listed as an endangered plant under the federal Endangered Species Act,the Mitigated Negative Declaration recognizes the loss of this plant as a significant adverse environmental effect, To mitigate for the loss of the Coachella Valley milk vetch,the project applicant proposes to contribute$600 for each acre of development towards a fund that will be used to purchase habitat for the Coachella Valley Mrige-toed lizard. 14aorh organizations are non-profit,public interest environmental organization dedicated to the protection of native species and their habitats through science,policy,and environmental law,and each have members that study and erdoy the resources described in this letter and who will be harmed by the destruction of these resources, 3 A photograph of the Coachella Valley milk vetch is otached to this letter as Exhihit"A." Ind Serit by: WORD EN,WILLIAMS,RICHMOND 1 858 755 5198• 07/16/2003 3.28PM• #029; Page 3/7 City Council July 16,2003 Page 2 The proposed mitigation is inadequate because there is no evidence that purchasing habitat for the Coachella Valley fringed-toed lizard will mitigate for the direct loss of Coachella Valley milk vetch. While there is some overlap between the habitats of the Coachella Valley fringe-toed lizard and Coachella Valley milk vetch,there is no evidence to support the conclusion that creating a preserve to protect the fringe-toed lizard will result in the protection and recovery of Coachella Valley milk vetch. To the contrary,the listing decision for the Coachella Valley milk vetch recognized that the plant was in imminent danger of extinction despite the conservation planning process for the fringe-toed lizard. (See,63 Fed.Reg. 53396,October 6, 1998,a true and correct copy of which is attached as Exhibit"B."). Among other reasons,this is because 75-80%of the known specimens of Coachella Valley milk_ vetch are located on unprotected lands(i.e.private lands outside of the established preserves for the fringe-toed lizard). Thus,even if all of the preserves identified in the fringatocd lizard habitat conservation plan are eventually purchased and preserved, there is no evidence that this is adequate to prevent the extirpation of Coachella Valley milk vetch. The Mitigated Negative Declaration provides no evidence to support a finding that contributing funds to the fringe-toed lizard habitat plan will mitigate for the actual loss of Coachella Valley milk vetch. It is not as though this mitigation measure is consistent with a recovery plan for the milk vetch. To the contrary,the best scientific evidence currently available highlights the absence of an adequate recovery plan for milk vetch and the importance of preserving all known plant populations. In reality,the proposed mitigation is providing no mitigation at all. While there is some hope that the recovery plan for the fringe-toed lizard will also benefit Coachella Valley milk vetch,the bottom line is that the fringe-toed lizard habitat conservation plan is not designed to save the milk vetch. The only thing that is certain is that after this Project is developed,that there will be less Coachella Valley milk vetch and less habitat for Coachella Valley milk votch,and therefore a greater risk that the species will eventually become extinct. Under the C13QA Guidelines,the reduction of an endangered species and its habitat requires that the City make a mandatory finding of significance. (CEQA Guidelines § 15065.) Otherwise, if the theory of mitigation set forth in the Mitigated Negative Declaration were taken to its logical extreme,all of the known Coachella Valley milk vetch that exists outside of the Hinge-toed lizard preserve boundaries(which equals 80 percent of the known population of the species)could be destroyed, This project will result in the destruction of a known endangered plant and its habitat and the only mitigation being proposed is to dedicate$600 per acre towards the purchase of habitat for the fringe-toed lizard. There is no relationship between the adverse effect and the proposed mitigation measure and therefore no basis upon which the City can determine that the adverse effects of the project have been mitigated. add Sent by; WORDEN,WILLIAMS,RICHMOND� 1 858 755 5198; 07/16/2003 3:28PM; #929; Page 4/7 City Council " July 16,2 3 Pageo 3 3 A complete description of the habitat requirements and threats to Coachella Valley I milk vetch is set forth in the United States Fish&Wildlife Service's listing decision dated October 6, 1998 and its contents arc hereby incorporated by reference. (See Exhibit"B.") For your convenience,wehave included a copy of the listing decision with this letter. We are also including and incorporating by reference the facts and opinions of the U.S. Fish& Wildlife Service set forth in its Biological Opinion for the California Desert Conservation Area plan.,(A true and correct copy is attached as Exhibit"C:l Among other things, the Biological Opinion makes it clear that protection of the Coachella Valley fringe-toed lizard does not provide adequate protection for Coachella Valley milk vetch. Indeed,it acknowledges that permitted activities under the fringe-toed lizard habitat.conservation plan post significant cumulative throats to the continued existence of Coachella Valley milk vetch. Additional threats to milk vetch include habitat fragmentation, off-road vehicle use, and alteration of the sand-transport system responsible for creating and maintainingthe plant's sand habitat. The proposed mitigation does nothing to address or protect against these factors either. (See also,excerpts f mrn the Coachella Valley Multi-Species Habitat Conservation Plan website(CVMSHCP,ORG)attached as Exhibit"D.") Particularly troubling is the Mitigated Negative Declaration's failure to address the effect that additional development will have on the region's sand-transportation dynamics. The Biological Assessment acknowledges that mantnade impediments restrict the flow of blow-sand,but it fails to acknowledge that this Project will contribute to that cause and thus reduce or eliminate the ability of viable habitat to be created off-site. in this context,we refer you to the discussion by the U.S.Fish&Wildlife Service in the attached listing decision and Biological Opinion discussing the importance of loose wind blown and alluvial sand, and the impact of urban development on this process. In short,not only will the Project destroy existing plant,specimens and habitat,but it will also have an indirect and cumulative effect on the species by adversely affecting the source and transport of blow sands that create and maintain sand habitats of the Coachella Valley. 2. Other Animal Species For similar reasons discussed above,the proposed mitigation for the Project's adverse effects on the flat-tailed homed lizard, loggerhead shrike,Palm Springs ground squirrel,and Palm Springs pocket mouse is inadequate. The Mitigated Negative Declaration claims that the adverse effects of the Project on these sensitive species will be reduced to below a level of significance if the developer contributes $600 per acre of development toward the Coachella Valley fringe-toed lizard habitat preservation plan. While it may be true that the habitat for these animals have some overlap with the habitat of the Coachella Valley fringe-toed lizard,there is no evidence that the$600 per acre contribution will mitigate for the adverse effects caused by this Project on these animals and their habitat. Simply put,the fringe-toed lizard habitat conservation plan is not designed to ensure the recovery of these sensitive species and the Mitigated Negative Declaration cannot rely on the fringe-toed habitat conservation plan for this purpose. � t� Sent by: WORDEN,WILLIAM8,RICHMOND 1 858 755 5198• 07/16/2003 3:28PM #929• Pee 5/7 J 1 City Council July 16,2003 Fage 4 Likewise,because this Project is reducing the number and range of rare animals,the City is required to find this effect to be significant. (CEQA Guidelines § 15065.) Any benefit from the$600 per acre mitigation measure to these sensitive animals will be incidental at best and meaningless at worst. Given that the Mitigated Negative Declaration acknowledges that the Project will have an adverse significant effect on these animals and their habitat,the City may not approve the proposed Project unless and ttatil the developer prepares an EIR fully addressing feasible mitigation measures and alternatives. 3. Violations of CEOA and the Subdivision Map Act It is not clear what authority the City is relying on to justify its use of a Mitigated Negative Declaration for the proposed Project. Regardless,as discussed below,the use of a Mitigated Negative Declaration is inappropriate tinder any scenario because there is substantial evidence in the record that the Project will significantly and adversely effect several rare and endangered species and there is no substantial evidence that the Project,as mitigated,will avoid or reduce these impacts to below a level of significance. Accordingly, the California Environmental Quality Act("CEQA")does not permit the City to rely on the Mitigated Negative Declaration and the City must require the preparation of an Environmental Impact Report before deciding on whether or not to approve the proposed Project. At page one of the Mitigated Negative Declaration,_the City claims that the proposed Project is"tiered"off of the Classic Planned Development District EIR of 1994. However, CEQA does not permit the use of Mitigated Negative Declaration in this situation because (a)the original EIR is not a"tiered"EIR as that terra is defined in the CEQA Guidelines at section 15152(h);(b)the Project is not consistent with the General Plan in that the General Plan must be amended in order to approve this Project and because the elimination of the Whitewater trail is contrary to the goals and policies of the general plan(see Sierra Club letter dated 7/3/03); and(c)there is substantial evidence that the Project will create significant adverse effects(CEQA Guidelines § 15152(i)). l+urther, the City cannot rely on the prior EIR pursuant to CEQA Guidelines section 15153 because the circumstances of the two projects are not substantially similar. Among other things,the general plan,zoning regulations,and underlying use are all being changed. . Further,an additional 90 acres of property has been incorporated into this Project and it does not appear that this area was subject to prior environmental review, Further,the conditions specified in CEQA Guidelines section 15162 apply to this case,and such conditions must be analyzed in a subsequent EIR, See,comment to CEQA Guideline§ 15153 and Guideline§§ 15070 and 15074. CEQA Guidelines section 15162 requires the preparation of Subsequent EIR under several circumstances,several of which arc present in this case. Among other things,there are substantial changes in the Project,substantial changes in the circumstances under which the Project is being undertaken,and new information of substantial importance all which l �� 1 ... ........ ...„...............r.�:...q'Sa.r.:.:.::..r.....,.n.:.::vSr :::[r.:4iF:v+o-. C.'Rf Sent by: WORDEN,WILLIAMS,RICHMOND 1 868 755 5195; 07/16/2003 3:29PM; #929; Page 6/7 City Council r July 16,2003 Page 5 show new significant environmental effects not previously analyzed and/or a substantial . ¢ increase in the severity of previously identified effects. For example,the proposed Project is an entirely now and reconfigured development, Significant changes include,but are not i line ted to,the addition of 1,450 residential units,the addition of over 90 acres,for a driving range and future golf course expansion,and changes to various general plan and zoning designations. Also,subsequent to the approval of the prior project,the Coachella Valley milk vetch has been listed as an endangered plant,a fact that was not previously contemplated or adequately mitigated for in the prior Project approvals. Similarly,much of the scientific information gathered on the Coachella Valley milk vetch that led to its being listed as an endangered plant was obtained after the 1994 approval of the prior project. Further, there is new evidence from the U.S.Fish and Wildlife Service that demonstrates prior offorts to protect Coachella Valley milk,vetch have been inadequate(rejecting the claim that conservation planning for the fringe-toed lizard is adequate to protect milk vetch). Each of the above factors leads one to the inevitable conclusion that the use of a Mitigated Negative Declaration is inappropriate for the proposed Project. The Sierra Club and Center for Biological Diversity assert that the proposed Project is an entirely new project,that there is no prior environmental document upon which the City may rely, and that there is substantial evidence in the record that the Project will have adverse and unmitigated impacts on traffic,air,water,biology,land use plans,recreation,aesthetics,and geology. Regardless, even if some reliance on prior environmental documents were warranted(which we strongly deny),there is no substantial evidence in the record to support the City's conclusion that the Project will not have a significant adverse effect on the environment. Thus,the City may not proceed forward on this Project unless and until it prepares a full EiR. Finally,because the undisputed evidence is that the Project is likely to cause substantial environmental damage,the City cannot make the required finding under Government Code section 66474 that the Project is not likely to Cause substantial environmental damage or substantially and unavoidably injure wildlife or its habitat, Indeed, all ofthe evidence in the record is to the contrary as it is clear that the Project will destroy an endangered plant and other sensitive animal species,as well as eliminate habitat for numerous threatened and endangered species. 4. o clusi0n The mitigation proposed for the significant adverse effects of the Project on Coachella Valley milk vetch,the flat-tailed homed lizard,the loggerhead shrike,the Palm Springs ground squirrel,and the palm Springs pocket mouse is illusory and inadequate. While there maybe some overlap between the habitats shared by the Coachella Valley fringe-toed lizard and these other rare and endangered plants and animals,there is no evidence that purchasing habitat designed to protect the lizard will result in,adequate protection for any of these other species, The adverse effect to these plants and animals is significant, and given the current design of the Project,the City cannot find otherwise. pad YSeht by; WORDEN,WILLIAMS,RICHMOND 1 858 755 5198; 07/16/2003 3:29PM; #929; pag0 7/7 yr�'......y: City Council July 16,2003 Page 6 The Sierra Club and Center for Biological Diversity therefore request that the City of Palm Springs reject the proposed Mitigated Negative Declaration and all associated general plan,zoning, and subdivision approvals unless and until the applicant prepares an Environmental Impact Report that adequately analyzes the effects of the Project, ar,d i identifies feasible mitigation measures and alternatives to reduce such effects to below a level of significance. We appreciate your consideration of these comments. Very truly yours, WORDEN,WILLIAMS.RICHMOND,BRECEITEL &KILPATRICK,APC TERRY KILPATRICK and WAYNE BRECHTEL ATTORNEYS FOR SIERRA CLUB ��1 Apa CaCtente Development Aut6ority AN ENTIN OF THE AcUA CALIENTE NANO OF CAIiHILLA NOIANS + 1� �r July 16, 2003 Mayor Kleindienst and Members of the City Council City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Canyon South Specific Plan, Condition of Approval #4 Dear Mayor Kleindienst and Members of Council: The Agua Caliente Development Authority (ACDA) respectfully requests the deletion of Condition of Approval #4 from the conditions attached to the staff report for the Canyon South Specific Plan Amendment. The condition was added in response to a letter written by Palm Canyon LLC (Attachment A) on the day of the Planning Commission meeting, June 25, 2003, and at City staff's insistence. Immediately following the Planning Commission meeting, the ACDA contacted Palm Canyon LLC to resolve the issue and come to an agreement. Palm Canyon LLC retracted previous commitments for cost-sharing, added conditions, was not cooperative and the negotiations were terminated. On July 2, 2003, the ACDA delivered the attached letter to the City (Attachment 8), committing to meet the exact requirements of the condition of approval. The letter commits the ACDA to perform the required work concurrent with construction of the golf course, and at its own risk. Since the ACDA does not have any assurance that Palm Canyon LLC will actually build its project, the completion of downstream flood control improvements could be significantly undermined in the event of a flood event. However, the ACDA wishes to once again demonstrate its commitment to meeting and exceeding its obligations as part of the Specific Plan. On July 14, 2003, the ACDA received the attached letter from Mr. Evans (Attachment C), requiring the ACDA seeks permission from Palm Canyon LLC to complete the flood control improvements on its own property. Although it is deeply disappointing that the City has chosen to so narrowly interpret the condition of approval in favor of Palm Canyon LLC, the ACDA has no intention, nor is it legally obligated, to seek the approval of a neighboring property owner in order to complete improvements on its own property. We would have hoped that City staff, on receipt of our commitment on July 2, 2003, would have either interpreted the condition as satisfied or would have recommended its deletion to the Council. Since this has not occurred and City staff is requiring that we seek approval from the adjacent property owner for work on our own property, the ACDA 6-99, L__ �P( 901 East Tainquitz Canyon Way,Suite B-200° Palm Springs,CA 92262 „Voice 760/325-22791,Fax 760/325-0963 Email: acda@acdo.us Mayor Kleindiest and Members of the City Council July 16, 2003 Page 2 strongly requests the deletion of Condition of Approval #4, and replacement with items 1 through 3 of our letter of July 1, 2003. The ACDA looks forward to resolving this issue and beginning the revitalization of the Canyon South Area, including the completion of the golf course remodel, the new clubhouse, and the resort hotel. We look forward to continuing to work with the City Council to complete these and other important projects. Sincerely, Fred Razzar��, Executive Director Attachments (3) cc: Doug Evans, Planning Department ADua CaCiente DeveCopment Aitr6ority Jul 14 03 12: 21p p• 2 ATTACHMENT C �pALMS.e City of Palm Springs V N * ♦ ,Yapart. .en, of Pfu:.r,.ag aad Zar..l.g * CNR a on�P♦ 3200 E.Tahquia Canyon Way • Palm Springs,California 92262 TEL:(760)323-8215 • FAX(760)i22-8360•TDD p610 861-9527 FOR July July 10, 2003 Dana Prieto Agua Caliente Development Authority 901 East Tahquitz Canyon Way, Suite B-200 Palm Springs, Ca 92262 RE: ACDA Commitment to complete flood control improvements Dear Dana, Thank you for your letter dated July 1,2003 committing to prepare a design and make the required improvements for the widening of the western bank of the Paim Canyon Wash. The City appreciates your willingness to work with the conditions of the Stipulated Judgement in order to bring the berm issue to an amicable resolution. However, Condition of Approval#4, as written, requires that an agreement be reached between the ACDA and Palm Canyon, LLC with regards to the removal of the berm. While the City recognizes your efforts in resolving the issue,your letter does not constitute an agreement unless the City receives written confirmation that Palm Canyon, LLC agrees to the provisions in the letter. We look forward to receiving an agreement between both parties as soon as possible. If you have any questions, please contact me at(760)323-8245. Sincerely, Douglas R. Evans Director of Planning and Zoning Post Office Box 2743 0 Palm Springs, California 92263-2743 Agua CaCiente DeveCoyment Authority AN EN1N OFT E AGUA CALIENTE BAND OF CANUILA INDIANS ATTACHMENT B July 1, 2003 Mr. Doug Evans Director, Department of Planning & Zoning City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: ACDA Commitment to Complete Flood Control Improvements Dear Doug: In response to Condition of Approval #4, as included by the Planning Commission in its approval of June 25, 2003, the Agua Caliente Development Authority (ACDA) makes the following commitment: 1. ACDA will prepare a design for the widening of the western bank of the Palm Canyon Wash to a minimum width of 285 feet, and will submit same to the City Engineer for review and approval. The plans will include relocation of the currently occurring sanitary sewer line. 2. ACDA will make the required improvements to the Palm Canyon Wash, in conformance with the approved plans, and complete said improvements prior to completion of the golf course remodel. The completion of the improvements will not be tied to any improvements which may be required of the adjacent Monte Sereno property. 3. ACDA will relocate the City's sanitary sewer line in this area and will seek financial assistance from the City's Redevelopment Agency (please refer to attached letter to John Raymond). Thank you for your continued assistance with this project. Sincer Dana Pr' to Chairman Attachment c: Mr. J. Sanborn, SAE Engineering Ms. N. Criste, Terra Nova 901 East Tohquitz Canyon Way,Suite B-200" Palm Springs,CA 92262 Voice 760/325-2279*,Fox 7601325-0963^Email: acda@acda.us JUN-24-2003 TUE 06:09 PM CITY OF PALM SPRINGS FAX NO. 7603228360 JLN�2d-03 04:34PM FROM-BRANDERBORA,STABLER,WORE + T-M ' R.001/002 F-080 ATTACHMENT A Pala Canyon LL„C June 24,2003 Iwlr.Doug Evans Via Facsimile and Director of Planning and Building CrfY OF PALM SPRINGS i 1• �I 3200 Bast Tahquitz Canyon Way u JUN 2 4 2003 U P.O.Box 2743 Palm Springs,CA 92262 PLANNING DIVISION Dear Doug: --- Thank you for your continued efforts in helping to coordinate the multiple issues in the Canyon area We have been working cooperatively with everyone far several years and see the approval of the ACDA initiated Specific Plan Amendment as another step in the right direction. We understand that the Specific Plan Amendment is scheduled for public hearing on June 25 at the Planning Commission and we would like to take this opportunity to comment on the issue of the"nose"as it has been cornmonly referred to. As you know,the`hose"refers to the existing fill condition that cutrenzly reduces the width of the Palm Canyon Wash immediately easterly of and contiguous to the existing ACDA Canyon South Golf Course. In fact,the"nose"is part of the same property. The "nose"is also located just nordwast of our proposed Monte Sereno development(nm 30W. Consistent with the approved Master Plan of Drainage and the 1993 Settlement Agreement with the Sierra Club to which the City is a party,the"nose"must be removed as a part of the grading on the golf course. We are seeking confirmation that the language in the Specific Plan(and ultimately the conditions of approval for the grading for the redevelopment of the golf course)reflects that the responsibility for the removal of the nose lies with the Canyon golf course developer,not with the developer of Monte Serena. Notwithstanding the immediately proceeding paragraph,we have had discussions with the ACDA wherein we have indicated a willingness to consider participating(in some yet to be determined poreentage)in the cost(and only the cost)of the'hose"removal. We understand that the costs may include some form of protection of an existing sewer line. This is just one element of aconceptual multi-facetad agreement that includes,among other things,Tmnsfusing up to 80,000 cubic yards of cleat fill material during the golf course grading operations from the golf course property to the Monte Serene,property. This net export should also be addressed by the ACDA plans. 1112 Wi➢ow 5Yxeet,Suite 200—San jox,Ca1it'omia A5125—408/279-5200—409/279-3G76 fir , cola bbsroc4bm a-gsoup.com or rz==k@hua-poup.mm JUN-24-2003 TUE 06:10 PM CITY OF PALM SPRINGS FAX N0, 7603228360 ---- P. 03 JUN-24-02 04:35PM FROM-BRANDENSUMSTAEDLER,WIE + T-700 P,002/002 F-010 We received some proposed text on this topic from Nicole Cristo,representative for the ACDA. We do not agree with some of her proposed text and therefore offer the following modifications: "The aaea immediately northeasterly of the Monte Sereno Tam(TTM 30046),carrently (2003)part of the eastern end of the Canyon South(3olf course,is encroaching into the ultimate width of clear channel required under the Stipulated Judgment for the Palm Canyon Wash, Prior to the issuance of grading permits far the golf course remodel,the ,Agua Calientc Development Authority shell provide the City with writron documentation of Woment between the City of Palm Springs and the Agua Crllente Developmme Authority 02-successor to complete the' reconstruction of the golf course resulting in=ultimate minimum clear width of 295 feet and an average width of 300 feet. This agreement shall include clearing of the"nose"of land which cml)=ly occurs at this location,and reloca4mt or pmttxtion-in place ofthe aisdng sanitary sewer line which also ctmeatly occurs there,subject to review and approval by the City Engineer. FUrther,the improvements sbsll be completed prior to the issuance of the&*t an occupancy or use permit for the golf course." Thanks for your attention to this matter. If you have any questions concerning this letter, please feel free to contact me at 409-279-5200,or Marvin Roos at 7W320-9811. Very truly Yom, for PALM CANYON LLC William B.13aron cc: Marvin Rocs kmath Bley �a P;"r r 7 5 City of Palm Springs • • Department of Planning &Zoning C4 FOIS MEMORANDUM Date: July 15, 2003 To: City Council From: Director of X ing &Zoning via City Manager Subject: City Council Agenda Item No. 11 — Palm Springs Classic Case 5.0666 and TPM 30928 Response to Sierra Club Letter of July 03, 2003 In response to a letter date July 03, 2003, submitted by Joan Taylor, Conservation Chairman, of the Sierra Club, San Gorgonio Chapter (Page 11A85 of the Staff Report in the Agenda Packet), Paul Selzer, representative of the Palm Springs Classic, provided a written response dated July 14, 2003. The areas of concern center around the mitigation proposed for the Coachella Valley Milk Vetch and the status of the General Plan Trails along the Whitewater Wash. Staff concurs with the observations of Mr. Selzer regarding the General Plan Trails as they have not been requested for deletion from the General Plan and are.required to be included in the design of the project within the Conditions of Approval. Staff further concurs with the suggested mitigation for the Coachella Valley Milk Vetch and recommends that such mitigation be incorporated into the Conditions of Approval associated with the Planned Development District as articulated in the July 14, 2003 letter submitted by Mr. Selzer. The suggested mitigation would read as follows: Prior to issuance of grading permits for the project, the project applicant shall pay$600 per acre for 52 acres of habitat (determined by a 300' radius around each of the eight Milk Vetch Plants) for a total of$31,200. Payment of such fees shall be submitted to the City of Palm Springs which in turn forward the fees to the Center For Natural Lands Management. Attachment: July 14, 2003 letter (with Exhibit) from Paul T. Selzer, Selzer, Ealy, Hemphill & Blasdel, Attorneys at Law RECEIVED SELZER, EALY, HEMPHILL & BLAS E , �IPi 5 2003 ALI f PLGBILI4 MTNEONIP ATTORNEYS AT LAW IV S(O N PAUL T.SELZER W.CURT EALY PALM SPRINGS,CALIFORNIA 92262 EMILYPERRIEEMPHH,L TELEPHONE 760-320-5977 LOME C.ELASDEL FACSIMILE 760-320-9507 July 14, 2003 City of Palm Springs Planning Department PO Box 2743 Palm Springs, CA 92262 Attn: Alex Meyerhoff Re: Palm Springs Classic Dear Mr. Meyerhoff. This office represents the owners of the project commonly known as the Palm Springs Classic. We have been asked to respond to the July 3 letter from the Sierra Club, addressed to you,which requests that the City Council require the preparation of an EIR in order for the project to move forward. The letter alleges that an EIR is mandated because our project will have unmitigated impacts with respect to the Parks and Trails element of the Palm Springs General Plan and with respect to the Coachella Valley Milk Vetch(CVMV). With respect to the Whitewater River Trail, Ms, Taylor correctly points out that the trail is included in the Palm Springs General Plan, and of course, unless amended, our project must comply with its provisions. As you know, we have not requested that the General Plan be amended to eliminate the trail, and we will comply with the General Plan provisions with respect to the trail. Planning condition#16 deals directly with the issue. With respect to the CVMV,we must respectfully disagree with Ms. Taylor's assertion that our project will have unmitigated effects upon the range of the Coachella Valley Milk Vetch. The Environmental Assessment(EA) correctly points out that the fee we will pay to the City in connection with the existing habitat conservation plan will be utilized to acquire additional property to expand the Preserve system as well as to manage and protect those lands. 1 Ms. Taylor acknowledges that lands which have and will be acquired and managed within the Preserve system includes habitat for the CVMV. However, she attempts to discount the value of the Preserve system because the preserve isn't managed for CVMV, because only portions of the preserve are CVMV habitat, and because there is additional habitat outside of the preserve. With respect to the claim that the preserve isn't managed for CVMV,we disagree. The preserve is managed to preserve the entire ecosystem which comprises the Preserve system, including all of the flora and fauna which naturally exist there. Significant habitat for the CVMV is located in the Preserve system, and the fiords which our project will provide will assist in the ongoing protection and management of that habitat, as well as the acquisition of additional property, all of which will benefit the ecosystem within its boundaries,including the CVMV and its habitat. With respect to the claim that the entire preserve is not habitat for the CVMV,the entire preserve is not exclusively the habitat for any one species, including the Coachella Valley fringe toed lizard(FTL). Significantly less than half of the Preserve system is occupied by FTL. When the habitat conservation plan was adopted twenty years ago, it was proposed and designed to protect and preserve all of the elements of the ecosystem within its boundaries, not just the habitat occupied by the FTL; and, but for the management and protection afforded by the Preserve system, to which we are contributing,the CVMV habitat within its boundaries would be injeopardy. With respect to the allegation that there is additional habitat located outside the Preserve system,we agree. However,there is no requirement that we mitigate according to the desires of the Sierra Club—The requirement is that our effects on that species be less than significant; and by paying our fees,we will be doing that. Finally, if you accept the argrunent of Ms. Taylor, the city is requiring that our project pay $600 per acre to exclusively preserve the FTL, a species which does not occupy our project area. If the payment of the fee is not mitigation for effects upon the desert enviromment, including the CVMV, for what is it mitigation and why are we being compelled to pay it? What is the constitutionally required relationship between the exaction of the fee and the effects of our project? The purpose of CEPA is to assure that decision makers have all of the facts before them prior to making decisions,to give the public and regulators the opportunity to comment upon the project and the effects it may have on the environment, and to assure that those effects are less than significant. The purpose of CEPA is not to unnecessarily delay projects. In our case,the facts and conclusions set forth in the Environmental Assessment with respect to biology are based upon biological surveys which span almost a decade. An AIR would not give the city,the public or the regulators additional information. The facts are already before each of those groups. In addition, in order to assure that the United States Fish and Wildlife Service as well as the California Department of Fish and Game were fully informed regarding the 2 biology of the site,we provided them with copies not only of the EA,but with copies of each of the biological surveys. In addition,we had a meeting on the site with Chris Otahal, the representative of the Fish and Wildlife Service to discuss our plans: While my clients and I are convinced that the EA,a mitigated negative declaration and payment of the fee fulfills the CEQA requirements, in order to attempt to avoid further argument and to clearly establish a nexus between the portion of our property which is occupied by CVMV and the mitigation we will provide, we have asked Mr. Peroni and Mr. Cornett to quantify the number of acres of our property which are occupied by CVMV, and we propose to pay an additional $600 per acre to the city for each such occupied acre. A map delineating the occupied area and a calculation of the additional fee is attached to this letter for your convenience. The total number of acres located within 300' of each Milk Vetch Situs equals 52;therefore,the total additional mitigation payment would be $ 31,200.00. Please convey our proposal to the City Council. Yours very truly, SELZER, EA_L,Y, HEMPHILL &BLASDEL Paul T. Selzer PTS/red cc: Pat Blue Ken Corey 3 ' - MV - Milk Vetch Situs 2003 Surveys P - 300' Radius ' { = 600' Diameter around Milk Vetch Situs 0 F Total Acreage within the circles 52 acres :.�•'' ; � _ 52 acres x $600. 00 = $ 31,, 200. 00 00 �IN kGUA CAL ON " IN' DIAN` IV�ESE MV IN "in MV = Milk Vetch Observations f 2003 j ..If L -_ I l Source:Biological Report Jim Cornett Milk Vetch Localities ENVIRONMENTAL ASSESSMENT FEET T a Kest Companlaa�+.! CITY OF PALM SPRINGS 0 960 1920 2880 3840 Cdvl i f1 C 19 sr�l PROOF OF PUBLICATION Th; Nc.447' CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING (201 C.C.C.C.P) PLANNING COMMISSION 1J J 1. 1. 1 / Case No.5.0666-B-PDD-231 A General Plan Amendment and a Planned Devel- opmeat District(PD No.231)for the development of I'460 residential units, a 450 roam resort hotel with related visitor serving commercial uses, and an 18-hold golf course and related practice facili- ties and future development of a 9-hole executive golf course, on 460 acres, located at the south east corner of Vista Chino and Gen. Autry Trail, Zone W-M-1-P, W-M-1-P-N and W, Section 7 and 18. STATE OF C-ALIPORNIA - - _ -- - - -- - - Applicant: PS Investri company, LLC. -- County of Riverside VICINITY MAP i 3 _ ! WY n - ftOJEyCT SITE I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter.I am theprincipal cleric of a r sons�v.� casio„ printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, NOTICE IS HEREBY GIVEN that the Planning tinted and published in the city of Palm Springs, Commission of the City of Palm Springs, Califor- P P Yma, will hold a ublm hearing at its meetinq of County of Riverside,and which newspaper has been June 11,2003 The Planning Commission meeting begins at 1'30 p.m.{Public ratings begin at 2:0 adjudged a newspaper of general circulation by the pp m)) in the city Council Chamber at City Hal, 3200 Superior Court of the County of Riverside,State ofE. Tahqurtz Canyon Way, Palm Springs, Ca Urania. California under the[late of March 24,1988.Case The purpose of the hearing is to consider an ap- Number 191236;that the notice,of which the plica ion for an environmental assessment,a Gen- eral Plan Amendment to amend the General Plan annexed is a printed copy(set in type not smaller designation from ING(ndustrlal)to L-6 w Densi- ty Residential), M-e(Medlum Density Residential) than non pariel,has been published in each regular and H-30(Wgh Density Recidentiali and a Prelimi- nary Planned Development Districttl for the devel- and entire issue of said newspaper and not in any opment of 1,450 residential units, 50 room resort supplement thereof on the following dates,to wit: hotel with related visitor serving commercial use., PP g and as 18-hole golf course and related practice facilities and future development of a 9-hole ex- ecutive golf course, on 460 acres, in lieu of a May 111" change of zone. -------------------------------------------------------------- Pursuant to Section 21000 at seq of the Public Resources Code and Section 16063 of the Cali- fornia Environmental Quality Act Guidelines, Mlti- ------------------------------------------------------- gated Negative Declaration has been preppared, The project is likely to have Impacts In the fellow- AII in the year 2003 ing areas: land use, geology, water, air quality, transportation, biological resources, hazards, I certify(or declare)under penalty of perjury that the noise, public services, utilities and service sys- fore oin is true and correct. toms,aesthetics.The Mitigated Negative Declara- g g tion is tiered off of the Palm Springs Classic Envi- 1201 ran mental Impact Report of 1994. Based on this new im-mltigated significant impacts, other than Dated at Palm Springs,California this---------day those previously identified In the Palm Springs Classic EIR of 1994.At this macting,the Planning end that the May Commission is expected to recomm City netl approve the proposed Mitigated ot--------------------------------------,2003 Negative Declaration. The proposed map, Initial Study and notated rise- entente'�� �� are available far public review daily,,be- V�y.a!�V tween 8 am and 5 pre at the City o1 Palm Springs In the Planning and Zoning Department, located Signature at 3200 Tahquitz Canyon Way If any individual or group challenges the action In court, issues raised may be limited to only those Issues raised at the public hearings described in this notice or in wnttan correspondence at or Prl- or to the Commission meeting Notice of Public Hearing is being sent to all propedy owners with dour_hundred_11001 feetof the ar,.1-t property. An opportunity will 6e given at said hearings for gall I,ogrrested persons to be heard. Questions re- her- off,nPthatppat Planner,s case a bDepartment of Planninge directed to Alex & Zoning, (760)323-8245. Is/Douglas H.Evans Director of Planning and Zoning 11 ^nn3 No.4978 CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CITY COUNCIL CASE 5.0666- B-PD-231 -THE PALM SPRINGS (CLASSIC, AN APPLICATION FOR: }} CAT TO FIA(N(GE THE LAND UA GENERAL LSE DESAN IGNATION FROM �� 4^ DENTIADL 4 DU AC TL6 fLOW DENSITY RESIDEN- IND TIAL 6 DU/AC),M�(MEDIUM DENSITY RESIDEN- TIAL 8 DU/AC), AND H30 HIGH DENSITY 30 DU/AV, AND AMEND TH GENERAL PLAN TEXT, INCLUDING POLICY 3.30.13 AND ASSO- CIATED DESCRIPTIVE TEXT REGARDING THE PALM SPRINGS CLASSIC. (R) A PRELIMINARY PLANNED DEVELOPMENT DDISTRICT 6231 FOR A MIXED USE PROJECT COMPOSED OF AN 18 HOLE GOLF COURSE, DRIVING RANGE(GOLF EXPANSION AREA), HO- TEL, VACATION OWNERSHIP UNITS, SINGLE FAMI 7, PUBLICATION ��Tp7 T mT �T [MAXI- MUM 1450 UNTS)1 OFFICE,ROEITAIL USES, PROOFO i UBLICA l IO SUPPORT FACILITIES AND A ONE-ACRE FIRE STATION SITE; (2015.5.C.C.P) (C) APPROVAL OF TENTATTIVE PARCEL MAP #30928: AND ,VACATION OF A PORTION OF THE WEST 15 F ET OF THE SAN JOAQUIN RIGHT OF WAY, ON A 460 ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL (HIGHWAY 111), W-M-1-P, W-0-5, W ZONES, SECTIONS 7 AND 18 Applicant PS Investment Company, LLC STATE OF CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a Count of Riverside public hearing at its meeting of July 16,2003.The y Qty Council public hearing meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahqurtz Canyon Way, Palm Springs, California. The ppurpose of the hearing is to consider an ap- plies ion for an environmental assessment,a Gen- eral Plan Amendment to amend the General Plan designation from IND(Industrial)tc L-6(Low Der- city 19esld u tlal)), M08 (Medium Density Fee den- Half and H30(High Density Residential)and a Pre- liminary Planned Development District) and relat- ed General Plan text amendment including Policy 3.30.13, and related text, and a tentative parcel map for finance purposes,for the development of I am a citizen of the United States and a resident of 1,450 residential units, a 450 room resort hotel with related visitor serving commercial uses, and the County aforesaid; I am over the age of eighteen an 18-hole golf course and related practice facili- ties and future development of a 9-hole executive years,and not a party to or Interested In the golf course, on 460 acres, in lieu of a change of above-entitled matter.I am the principal clerk o£a zone. printer of the,DESERT SUN PUBLISHING - COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the wo Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case s `P Number 191236; that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular and entire issue of said newspaper and not in any -I supplement thereof on the following dates,to wit: Pursuant)for Section"21000'et.se'gL.wof the Public June 30ei Resources at. seqq.� of the Public Resources Code and Section"15063 of the California Environmental -------—-------------------—------—-----—------_--------— Quality Act Guidelines, a Mitigated Ne9atrve Dec- laration has been prepared.The prefect is likely to have impacts in the fallowing areas:land use,ge- ology, ology, water, air quality, transportation, biological------------------- __ _—_— _ -------- resources,hazards,noise, public services, utilities All in the year 2003 and service s�stems, aesthetics. The Mitiapated Negative Decoration is tiered off of the aim I certify(or declare)under penalty of perjury that the S rings Classic Environmental Impact Report of 1�94. Based on this report, it has been deter- foregoing is true and correct. mined that the proposed project may incremental- la ly contribute to, but will result in no new un-mdi- gated significant impacts, other than those preen-, Dated at Palm Springs,California this--------day ousty identified in the Palm Springs Classic EIR of 1994 At this meeting, the City Council is expec- July red to approve the proposed Mitigated Negative of------—--—----—---------------- 2003 Declaration. The es areproposed map, Initial Study and related doc- uments are and 5 p For public review daily, be in the 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahqurtz Canyon Way. If any individual or group challenges the action in Court, issues raised may be Irma ed to those is- Signature sues raised at the public hearings described in this notice or in written correspondence at or grill or to the Commission meeting. Notice of Pubhe Hearing is being sent to all property owners with- in four hundretl(4001 feet of the sinect property. An opportunity will e given at sal hearings for all interested persons to be heard Questions re- Real this case may be directed to Alex Meyer- off, Principal Planner, Department of Planning & Zoning, (760)323-8245 �67)2g '7/�� q�, Aa 2 p 1OB Sego �S iri a� ' ea S _ C.g ego4ja RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0666-B-PD-231, FOR; A) PRELIMINARY PLANNED DEVELOPMENT DISTRICT#231, FOR A MIXED USE PROJECT COMPOSED OF AN 18 HOLE GOLF COURSE, DRIVING RANGE (GOLF EXPANSION AREA), HOTEL, VACATION OWNERSHIP UNITS, SINGLE FAMILY HOMES, MULTI-FAMILY HOMES, (MAXIMUM OF 1450 UNITS) OFFICE, RETAIL USES, SUPPORT FACILITIES AND A ONE ACRE FIRE STATION SITE; B) APPROVAL OF TENTATIVE PARCEL MAP #30928;AND C)ADOPTION OF FINDINGS THAT THE VACATION OF A PORTION OF WEST 15 FEET OF SAN JOAQUIN RIGHT OF WAY IS CONSISTENT WITH THE GENERAL PLAN CIRCULATION ELEMENT, LOCATED ON A 460 ACRE SITE, AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL (HIGHWAY 111), SECTIONS 7 AND 18. WHEREAS, Pat Blew, PS Investment Company, LLC (the"Applicant")has filed an application with the City pursuant to Section 9403.00 for a Planned Development District proposing a golf resort with an 18 hole golf course and golf clubhouse, up to 1450 residential units and a 400-450 room hotel (totally 1,900 units) including Vacation Ownership units (VOU's) on approximately 460 acre site located on the Southeast corner of Vista Chino and Gene Autry Trail (Highway 111), Section 7 and 18. WHEREAS, Pat Blew, PS Investment Company, LLC (the "Applicant") has filed an application for Tentative Parcel Map 30928 located on the Southeast corner of Vista Chino and Gene Autry Trail (Highway 111), Section 7 and 18; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, said Tentative Parcel Map is for financing purposes; and WHEREAS, the Applicant has also filed an application for a General Plan Amendment(associated with Case No. 5.0666-B-PD 231) for the Palm Springs Classic Project with the City and Planned Development District 231 and T.M. 30928 are consistent with this associated application; and WHEREAS, Planned Development District 231 includes specified development and performance standards; and WHEREAS, San Joaquin is not a General Plan street and the portions of the western 15 feet of right of way is excess right of way which the City Engineer has deemed not necessary for a local street: and WHEREAS, in 1994 the City Council certified the Palm Springs Classic Planned Development District Final Environmental Impact Report, adopted a Statement of Fact and Findings and a Statement of Overriding Considerations; and WHEREAS, the proposed development is considered a "project" pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Environmental Assessment and a Negative Declaration has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission at its June 11, 2003 meeting unanimously recommended approval of Preliminary Planned Development District#231, of Tentative Parcel Map#30928, and the adoption of findings in support of the vacation of a portion of The San Joaquin Right of Way; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's applications for the Project was given in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the previous Final Environmental Impact report along with the current Initial Study/Environmental Assessment and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: a. The Final Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project (including the proposed PDD-231, General Plan Amendment,Tentative Parcel Map 30928, and Street Vacation), and that, on the basis of the initial study and comments received during the public review process there is no substantial evidence that there will be any significant new adverse environmental effects as a result of the approval of this project because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to a point where clearly no new significant environmental effects will occur as a result of the project. The mitigation measures are adopted in Exhibit A of this Resolution. The City Council further finds that the Negative Declaration reflects its independent judgement. b. The Negative Declaration adequately covers the current project proposal such that no new additional impacts will result that were not already addressed in the Final EIR and the adopted Statement of Facts and Findings and Statement of overriding considerations for the approved Palm Spring Classic Planned Development. �( C '?i Section 2: a. A Mitigation Monitoring Program will be adopted for Case No. 5.0666-B-PD-231 and, Tentative Parcel Map 30928 pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are incorporated by reference into the Conditions of Approval of this project as outlined in Exhibit A of this Resolution. Section 3: Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The PDD in-lieu of a change of zone may be adopted by the City Council where a zone change appears valid for specific uses, and only those uses, proposed by an applicant and where the applicant agrees to comply with all conditions imposed on the project. In this case, the applicant is proposing the use of land in a unique way requiring specialized standards and mix of uses, including various types of residential, hotel,vacation ownership, golf course, and commercial uses. These uses are located on the property in a manner that relates well internally and with the surrounding neighborhood. Conditions have been recommended that further compliments relationships between the project and surrounding properties. The PDD in-lieu of a change of zone is an appropriate mechanism to provide for a variety of design and performance standards that would otherwise be difficult to implement via conventional zoning categories. b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed Planned Development District will facilitate implementation of the General Plan which is being amended to have a more residential character, though maintains a consistent theme for the Palm Springs Classic area which would allow a large scale planned development to occur that includes golf and tourism facilities. In order to better integrate into the neighborhood in terms of property development standards, Planned Development District 231 in-lieu of a change of zone, is being requested by the applicant. Design standards, Conditions of Approval, and mitigation measures identified through the environmental review process address traffic,trails,visual and physical relationships/issues and are therefore, consistent with General Plan policies. The proposed uses identified in the Planned Development District are in harmony with the General Plan and will be compatible with the surrounding greater resort community. it c3 C. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is 460.7 acres and is of adequate size to contain the proposed golf course, driving range(and potential golf expansion area), 1450 mixed residential uses,and 450 unit hotel. Design standards and conditions of approval address issues such as bulk, mass, density, and buffers between residential and surrounding industrial uses, and height setback criteria that address proposed highrise uses near the intersection of Vista Chino and Gene Autry Trail. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the project is adequately available via two major thoroughfares Gene Autry Trail and Vista Chino. Chia Drive and Tachevah Drive also provide access opportunities. Main entries for the project will be developed on Gene Autry Trail and Vista Chino. Right turn entries will be provided to the Resort Village (Hotel/MFR area). Traffic evaluation and associated proposed mitigation indicates that the circulation systems is capable of carrying the type and quantity of traffic projected to be generated from the project. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, the City of Palm Springs Fugitive Dust Control Ordinance, special setback criteria, and open space criteria. Section 4: Pursuant to Government Code Section 66474(Subdivision Map Act),the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Parcel Map is consistentwith applicable general and specific plans. The proposed project is consistent with the General Plan. The applicant is proposing 1450 residential units and 450 hotel units and therefore,will be well within the density parameters of the General Plan and will be consistent with Case No. 5.0666-B. b. The design of improvement of the proposed subdivision is consistent with the General Plan and Planned Development District 231. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for related right of way dedications are compatible with the objectives, polices,and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with Case No. 5.0666-13 will be implemented as part of future Tentative Tract Maps. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The Tentative Parcel Map covers a portion of a larger site (460.7 acres) that is proposed for 1450 residential units and, 450 hotel and timeshare units on 460 acres. The Tentative Parcel Map, is for financing purposes, and illustrates parcels consistent with the proposed development and will be within the maximum allowable density pursuant to the standards of the Preliminary Planned Development District 231.There will be no incompatibility issues as the subject property is surrounded by commercial uses and Vista Chino to the north, the Whitewater River and city limits to the east, the Dream Homes (residential uses) in Cathedral City to the southeast, Industrial,vacant land and Gene Autry Trail (Highway 111) to the west, and vacant land to the south. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment and previous Final Environmental Impact Report. The incorporation of the mitigation measures as prescribed in the EA will ensure that any potentially significant impacts will be reduced to a level of insignificance.Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map is for financing purposes only. The subsequent design of the related Tentative Tract Maps and proposed improvements will follow the conditions of approval associated with Case 5.0666-B, including, but not limited to,the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. fle 5� f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Vista Chino and Gene Autry Trail are already improved to major thoroughfare standards including sidewalk, curb, and gutter. The Tentative Parcel Map identifies all right of ways and easements affecting the property and provides for access to all parcels within the property and provides for dedication of public right of way. Section 5: a. San Joaquin Drive is not a General Plan street, therefore, the proposed vacation of the western 15 feet of Right of Way is consistent with the Circulation Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.0666-B-PD 231 the Palm Springs Classic Planned Development District, PD-231, and TPM 30928 with right of way dedications as noted in the Conditions,and finds that the vacation of a 15 wide portion of the western right of way of San Joaquin Drive is consistent with the General Plan. ADOPTED this 16" Day of July, 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED&APPROVED ll � b RESOLUTION NO. EXHIBIT A THE PALM SPRINGS CLASSIC, LOCATED AT 300, 400, 450, 1000, 1304, 1404, 1454, 1506, AND 1606 N. GENE AUTRY TRAIL (APN 677-220-007, -008, -009, -015; 677-250-002, -006; 677-260-005, -006, -025; 677-270-013, -032, -033), SECTION 7, T 4 S, R 5 E, S.B.B.M., JULY 16, 2003 CASE NO. 5.0666 - B, PD-231 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING: Project Specific Conditions: 1. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 2. 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, 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. 3. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Page 1 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7. The applicant 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 submittal of a final map and approval prior to building permits. The CC&R's shall be enforceable by the City,shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,500.00, for the review of the CC&R's by the City Attorney. 8. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard avigation and easement and nonsuit covenant. 9. 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 and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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.A photometric study shall be required for all parking areas, driveways and entries. 10. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing 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. 11. 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. Page 2 Pc 12. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered,that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan forsubmission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 13. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 14. Construct off-site sidewalk improvement as part of first phase of residential development on the south side of Vista Chino between Gene Autry Trail and Volturno. 15. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. 16. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan.The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District. 17. As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 18. To clarify the property development standards, in the Golf Villages (Planning Areas 5-9),the Planning Commission recommends the addition of the following language: A maximum 50% site coverage shall be allowed, unless approved differently in the Final Planned Development District. Garage and carport entry setback: The minimum setback for a side entry garage or carport shall be five (5) feet, for a front entry garage the minimum setback shall be seventeen (17) feet, measured from the back of sidewalk or, if there is no sidewalk, the minimum setback shall be twenty(20)feet from the back of curb, in order to discourage drivers from attempting to park on apron of inadequate depth. Fences and walls: Maximum height limit of seven feet (T-0"). 19. Applicant shall provide a revised project description and design standards within thirty (30) days of City Council approval 20. All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. Page 3 �I V 21. All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 22, The applicant may propose other uses for Planning Area#1, if it is determined that the hotel is not feasible five (5) years from completion and opening of the golf course. 23. In no instance shall the total number of residential units exceed 1,450 dwelling units. 24. In no instance shall the total hotel/vou units exceed 450 units. 25. The Mitigation Monitoring Program shall be incorporated into the Conditions of Approval by Reference. 26. For the Planning Areas 1 & 2, in consideration of the golf course areas within the PDD, a minimum of forty-five percent (45%) of the site for any building shall be developed as landscaped open space and/or usable outdoor living and recreation area with an adequate irrigation system. In calculating the 45% useable landscaped open space requirement a proportionate share of common area facilities and/or golf course area may be included in the calculation provided that the proposed project has a discernable visual or physical connection with such facilities. Compliance with this provision shall be subject to Planning Commission review and approval. 27. For the Planning Areas 1 & 2, the minimum horizontal setbacks for high rise buildings (35 feet plus in height) shall be as follows: I. Three (3) feet horizontal for each one (1) foot of vertical from any single- family parcels on or off site. ii. 2.5:1 setback from exterior edges along Gene Autry Trail and Vista Chino. iii. 1:1 average setback from any property or parcel line other than those listed above including golf and wash parcels, minimum of twenty feet(20'-0"). This setback requirement is to be measured as set forth in Subsection C of Section 93.04.000 (High Rise). 28. In Planning Areas 7 thru 9, the maximum building height shall be 28'-32'. No projections above 32% except vents and spark arresters shall be allowed. Page 4 29. The Palm Springs Classic Design Guidelines, shall be amended, subject to the following minor revisions: Page 41 - Item #1, Include berm and wall design with accompanying note regarding code requirement for screening of parking area. Page 41 - Item#2,Add note stating that 20' open space requirement adjacent to residential uses is required in adjacent to industrial uses, in addition to the otherwise required setbacks. Page 41 - Item #4, Dimension for landscape parkway should read 'V-0" minimum", not "main". Page 42 - Item 4a, A 10' landscape setback to single family residential located along Gene Autry Trail is not sufficient. All R-1 zones require a minimum 25' rear setbacks to Major Thoroughfares. The note should also be revised to allow for a range in wall heights along Gene Autry Trail, from 6-0"to 8'-0" in height. Page 42 - Item #7, Allow a range of wall heights from 6'-0"to 8'-0". Page 43 - Item #9, Dimensions to street should reference proposed setback provisions provided in the accompanying project description, including the proposed 3:1, 2.5:1 and 1:1 setback provisions. Page 44 -Add note that all lighting shall be in compliance with Section 93.21.00, Outdoor Lighting. Page 45 -Add text stating that parking adjacent to streets shall be adequately screened by walls, berms or combination thereof. General Conditions: 30. 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, except as specifically modified in this approval. 31. 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 5.0666 - B- PD-231. 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 Page 5 decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 32. 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. 33. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 34. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 35. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 36. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 37. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 38. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. Roof top signage shall be prohibited. 39. All materials on the flat portions of the roof shall be earth tone in color. Roof top signs shall be prohibited. 40. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6"above the equipment for the purpose of screening. Page 6 1161200 41. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 42. 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. 43. The street address numbering/lettering shall not exceed eight inches in height. 44. 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 for projects on Major or Secondary thoroughfares or within airport noise area. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 47. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 48. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 49. 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. 50, The applicant shall provide all non-residential tenants with Conditions of Approval of this project. Residential users shall be notified of the conditions of approval through the CC&Rs. 51. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 52, 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 in #36 below. 53. 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. Page 7 1/ �.�� 54. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 55. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 56. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 57, 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". 58. 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. 59. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 60. 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. 61. Trash cans shall be screened from view and kept within fifty (50) feet of the street, (Single Family Residential only). 62. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. POLICE DEPARTMENT: 63. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 64. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 65. Prior to any construction on-site, all appropriate permits must be secured. Page 8 FIRE: 66. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 67. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 68. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC) 69. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinkler system. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1996 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 70. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 71, Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 72. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 73. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 136". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 74. Prior to final PD approval the applicant shall provide an irrevocable offer of dedication for a one acre fire station site which is acceptable to the city prior to phase 1 (unless the Fire Chief deems otherwise). Page 9 ��C /S" ENGINEERING: STREETS 75. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 76. Developer shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 77. Submit street improvement plans prepared by a Registered Civil Engineerto the Engineering Division. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. Street Vacation plat and all agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants, reimbursement agreements,etc. required bythese conditions. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 78. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105. 79. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out. 80. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way. 81. Access rights to Gene Autry Trail shall be restricted except at specifically approved locations upon subsequent development of the parcels created from this development. Restriction of access rights shall be designated on future maps proposed for development of the parcels adjacent to Gene Autry Trail. 82. Construct a 170 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional Page 10 // d / � requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. (See related Condition #15). 83. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete.The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. 84. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. 85. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. 86. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer, the Executive Director of the Airport, and existing airport users. Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements,including landscaping,lighting and irrigation,shall be removed,reconstructed or modified to the satisfaction of the City Engineer. VISTA CHINO 87, Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way. 88. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out. 89. Access rights to Vista Chino shall be restricted except at specifically approved locations upon subsequent development of the parcels created from this development. Restriction of access rights shall be designated on future maps proposed for development of the parcels adjacent to Vista Chino. 90. Construct a 170 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. (See related Condition #15). Page 11 //C / 7 91. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete.The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. 92. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line(approximate with the existing Whitewater Channel levee). Provide a westbound left-turn pocket at Vista Chino and Gene Autry Trail, and provide an eastbound left-turn pocket at Vista Chino and Executive Drive. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 200 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. TACHEVAH DRIVE 93. Dedication of the north half-street right-of-way for Tachevah Drive across the properties identified by APN 677-250-017 and 677-250-024 shall be obtained if access from the project to Gene Autry Trail is proposed or required by future development of the parcels. Dedication of the south half-street right-of-way for Tachevah Drive shall be provided on future maps proposed for development of the parcels adjacent to Tachevah Drive. Full street improvements shall be constructed to the satisfaction of the City Engineer when access is proposed or required with subsequent development of the adjacent parcels. SAN JOAQUIN DRIVE 94. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off- set cul-de-sac or turn-around acceptable to the Fire Marshall and City Engineer. 95. Construct a 8 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. 96, Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage 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. 97. An application may be made for the vacation of the westerly 15 feet of the existing 40 feet wide right-of-way easement on San Joaquin Drive along the entire frontage, exclusive of any area required as additional right-of-way for an off-set cul-de-sac or turn-around. Separate application for a right-of-way vacation, if proposed, shall be processed through the Engineering Division. Page 12 ON-SITE STREETS 98. The configuration and construction of future on-site streets shall be subject to the review and approval of the City Engineer. Dedicate of easements for sewer and public utility purposes with right of ingress and egress over the proposed private streets shall be designated on future maps proposed for development of the parcels. SANITARY SEWER 99. All future development shall be connected to the public sewer system. GRADING 100. All future development requiring rough or precise grading shall require review and approval of plans by appropriate agencies, including the City of Palm Springs, Riverside County Flood Control & Water Conservation District, Coachella Valley Water District, and others as required. All required permits, clearances and other approvals shall be obtained prior to approval of grading plans or issuance of permits. DRAINAGE 101. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Prior to future development of the property, provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 102. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. Page 13 lI c l9 MAP 103. A Parcel 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 Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 104. All off-site public improvements required of this project shall be listed in the Certification for Improvements on the Parcel Map and clearly noted that the improvements will be the minimum development requirements for the Parcel Map, but not required to be completed until such time that development is contemplated on one of the Parcels. TRAFFIC 105. Priorto issuance of building permits, design and install a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required,by warrants, at the following locations: A. Gene Autry Trail and Chia Road B. Gene Autry Trail and Classic Drive C. Vista Chino and North Drive 106, In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. Reimbursement for 65.86% of the cost of the design and installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans (if required) and the applicant. 107. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of$22,425(14.95%)of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of $18,140 (18.14%) of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. Page 14 E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 105. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 109. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 110. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. 111. Engineering staff reserves the right to add, modify, delete conditions of approval based upon review of future phases, Final Planned Development and Tentative Tract Maps. Page 15 Ile 21