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HomeMy WebLinkAbout3/19/2003 - STAFF REPORTS (3) 1 !1/ DATE: Mardr5-290`3 TO: City Council FROM: Director of Planning and Zoning CASE No.5.0935-CUP-APPLICATION BY PALM SPRINGS POLICE ACTIVITIES LEAGUE FOR A CONDITIONAL USE PERMIT FORA BMX(BICYCLE)RACING TRACK ON 9.12 ACRES(NET) OF LAND LOCATEDATTHE SOUTHEAST CORNER OF MESQUITEAVENUE EASTANDVELLA ROAD, 4575 MESQUITE AVENUE EAST, ZONE O, SECTION 19. RECOMMENDATION: The Planning Commission recommends that the City Council approve Conditional Use Permit No. 5.0935,for a BMX(bicycle)racing track on 9.12 acres of land, located at the Southeast corner of Mesquite Avenue and Vella Road. The applicant is the Palm Springs Police Activities League(PAL) which is being coordinated by Officer George Palomares. PAL has leased the subject property from the City. SUMMARY: On January 22,2003 the Planning Commission held a public hearing on this project. The Planning Commission voted 7-0,to recommend that the City Council approve the proposed Conditional Use Permit. BACKGROUND: The project site is currently vacant. The BMX Bicycle Race Track will be located on a 9.12 acre site. The site had been previously graded for the use of the waste water treatment plant. The BMX Racing Track will be used for family participation and will be operated per the requirements of American Bicycle Association (ABA) By Laws. The project will consists of a 600 square foot temporary office building, parking and a track that is below street level. The proposed BMX Race Track will be located on a site which is designated PR (Parks and Recreation)pursuant to the General Plan Land Use Map and is zoned O(Open land Zone)by the Zoning Ordinance. The objective of the PR(Parks and Recreation)General Plan designation is to provideforareas of scenicbeauty,protect environmental resources,guard against environmental hazards,provide enhanced recreational opportunities and create an aesthetic character for the City. The proposed BMX Race Track is a conditional use permit pursuant to Section 94.02.00 of the Zoning Ordinance. City Council approval of this conditional use permit is required. The construction and operation of race track will occur in three phases. Phase one includes the building of race tract,a 600 square foot temporary office building, and a temporary gravel parking lotwhich will consists of a total of 77 parking stalls. It is anticipated that phase one developmentwill generate an average clientele of 43 people at any given time during the hours of operation along with a maximum employee shiftof I person. Hours of operation for the BMX Bicycle Race Track will be from 6 p.m. through 8 p.m. on Monday, Tuesday, Friday and 7:30 a.m. through 12. p.m. on Saturdays. The second phase consists of an additional 192 parking stalls, and improvements to landscape parkway along Mesquite Avenue, and up grading parking lot to comply with the Palm ---------- ------- Springs Zoning Ordinance for off street parking(Section 93.06.00). Phase three will consist of70 additional parking stalls for a total of 339 parking stalls for entire project. Staff recommends that the Director of Planning and Zoning be allowed to approve changes to the hours of operation in the future. The proposed BMX race track will gain vehicular access from Vella Road. There will be no vehicular access from Mesquite Avenue. Wes Walbrecht will operate the BMX racetrack. He is an experienced B MX facility operator and has operated the Cathedral City track for six years,in accordance with the American Bicycle Association (ABA)By Laws. The Cathedral City BMX facility is certified by the American Bicycle Association (ABA). Table 1: Surrounding General Plan Designations, Zoning, and Land Uses General Plan Zoning Land Uses North IND M-1 Industrial Park South PR O Vacant East IND M-1 S.C.E. Substation West PR O Demuth Park and Wastewater Treatment Plant North- L-6 R-1-C Single Family Residential west FUNDING The Palm Springs Police Activities League receives funding from m any groups and organizations. The Agua Caliente Band of Cahuilla Indians donate yearly at their tribal donation ceremony. Community Service groups such as Palm Springs Rotary,Lions Club, Elk's Club, PS Shrine Club, US Filter,ABATE Motorcycle Club,Jr., League of the Desert are just a few. PS PAL also receives funding from PS Community Development Block Grant, CAL PAL grants, Desert Healthcare Foundation,Gannett Foundation,Mainiero and Smith and multiple private citizens and companies. This is a community project and phasing been proposed based upon anticipated funds available. The proposal to construct a BMX Race Track will be compatible with surrounding land uses. There are surrounding properties which are zoned for recreational uses. Approval of this project will add to the recreational uses enjoyed by the public. --- ------------- - - ENVIRONMENTAL ANALYSIS AND NOTIFICATION An environmental assessment dated December 30, 2002, was prepared by staff for the subject project. Potential impacts from the project include air quality, with respect to short-term construction activity, and noise. The projectwill also be consistentwith the South Coast Air Quality Management District(SCAQMD) CEQA Air Quality Handbook. However, due to future project construction and grading activities, short term impacts to air quality could occur. To minimize construction activity emissions, the project applicant will be required to comply with the City's Fugitive Dust and Erosion Control Ordinance. Compliance with this Ordinance will reduce the impacts to air quality to a level of insignificance. The proposed BMX Racing Track is not expected to generate noise levels greater than the noise levels stated within Chapter 11.74 of the Palm Springs Municipal Code, other than during construction where the activities will be restricted to the hours and noise levels specified in the Municipal Code and the General Plan. A public address(PA)system is proposed for the project. Use of the system will be in compliance with the Noise Ordinance. The public address system will be directed awayfrom the residences located to the northwest. The public address system will be located adjacent to the track, which is below the street level. With all environmental mitigations incorporated into the attached resolution, staff feels that any environmental issues will be reduced to a level of insignificance. If the Commission concurs, the filing of a Mitigated Negative Declaration by the City Council would be in order. All property owners within 400 feet of the subject property have been notified. i6� �i vas Director qKPlanning and Zoning City Manager ATTACHMENTS 1. Vicinity Map 2. Site Plan 3. Planning Commission Minutes, January 22, 2003 4. Environmental Assessment 5. Lease with PAL and the City 6. Resolution 7. Conditions of Approval �5'3 VICINITY MAP PALM SPRINGS AFFORT RAMON ROAD O Q _J O O W 0 U � W > Q W J W 3 � MESQUITE AVENUE DEMUTH PARK ,�,•1E.F t vs '3.,'"ffl T CITY OF PALM SPRINGS CASE NO, CUP 5.0935 DESCRIPTION APPLICANT An application by the Palm Springs Police Activities League for a BMX Bicycle Race Track Palm Springs Police Activities League located on a 9.12 acre site, Zone 0, Section 19; x` NOV AIAEPI 2W2 IN f nEveR1�e�oE rA��cnuronNM `\' PLOT PLAN PALM SPRINGS BMX TRACK MESOUI�E AVENU r� � �eo�U oescR yr ov _ raenox or�ls.romiE�`bm4 N�¢ewr. ,, \ ....... CGN1Y.G ¢o[tea aT Rwiu n oovicem,o.eur rn.c=_______l I ` ;� �� — `r \� I I eeo-oza-oio R OWNER PROJECT COORDINATOR ----' - ------- III\ �i :mET— NOTE6 I «Arx N..o.oao c scat RLenox LM Xe[aM 1/ �— _ ' I{I� �� .ICI iumo wiry E�uulmwim rMR«u.'Nww�.u� �wti� �91\ �✓ _ PxAss ,.JI e+I i 11 1 /� / __ I� II ud I_tT^ �.�, e- ---- --- a�irmrAmee ____ 1OLL VIGMTY MAP _ _-- CITY OF PALM SPRINGS PROPOSED BMX TRACK / SITE PLAN FOR CONDITIONAL USE PERMIT �nm �"'��"' POLICE ACTIVITIES LEAGUE 11 M == CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING INITIAL STUDY 1. Case No:5.0935 Project title: BMX Bicycle Race Track 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Douglas R. Evans, Director of Planning and Zoning Tel: (760) 323-8245 4. Project location: 4575 Mesquite Avenue East 5. Project sponsor's name and address: Palm Springs Police Activities League 3200 Tahquitz Canyon Way, Palm Springs, CA 92262 Mainiero, Smith &Associates 777 E. Tahquitz Canyon Way#301, Palm Springs, CA 92262 City of Palm Springs Initial Study 1 December 30. 2002 y/7(-P � r 6. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) BMX Bicycle Race Track will be located on a 9.12 acre (net) site. The site had been previously graded for the use of the waste water treatment plan. The BMX Racing Tract will be used for family.participation and is required to meet the requirements of American Bicycle Association (ABA) by laws on file with the Contract Officer at Palm Springs City Hall. The project will consists of a 600 square foot temporary office building, parking and a track that is below street level. The base elevation of tract is 345 feet and the highest berm will be 8 feet above track floor. The elevation for graded area around track is 360 feet, therefore tract will not be visible from street. The construction and operation of race tract will occur in three phases. Phase one includes the building of race tract, a 600 square foot temporary office building, and a temporary gravel parking lot which will consists of a total of 77 parking stalls. Phase one proposed development will generate a maximum clientele of 43 people at any given time during the hours of operation along with a maximum employee shift of 1 person. Phase one hours of operation for the BMX Bicycle Race Track will be from 6 p.m. through 8 p.m. on Monday, Tuesday, Friday and 7:30 a.m. through 12. p.m. on Saturdays. Second phase will consists,of an additional 192 parking stalls, and improvements to landscape parkway along Mesquite. Phase three will consist of 70 additional parking stalls for a total of 339 parking stalls for entire project. Phase three will be required to meet all of the zoning code standards for off street parking (Section.93.06.00). 7. Present Land Use: Vacant 8. General Plan designation: PR (Parks and 9. Zoning: O (Open Land Zone) Recreation) Proposed Zoning: No Change Proposed General Plan designation: No Change 10. Is the proposed action a "project" as defined by CEQA? (See Section 2.6 of State CEQA Guidelines. If more than one project Yes ® No ❑ is present in the same area, cumulative impact should be considered) 11. If "yes" above, does the project fall into any of the Emergency Yes ❑ No Projects listed in Section 15269 of the State CEQA Guidelines? 12. If "no'' on 10., does the project fall under any of the Ministerial Yes ❑ No Acts listed in Section 15268(b) of the State CEQA Guidelines? City of Palm Springs Initial Study 2 December 30, 2002 13. If "no" on 11., does the project fall under any of the Statutory Yes ❑ No N Exemptions listed in Article 18 of the State CEQA Guidelines? 14. If"no"on 12., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have Yes ❑ No N a significant effect due to special circumstances, a categorical exemption does not apply). 15. ' Surrounding land uses and setting (briefly describe the project's surroundings): North: Industrial Park South: Vacant East: S.C.E. Substation West: Demuth Park and Wastewater Treatment Plant. Northwest: Single Family Residential 16. Surrounding General Plan and Zoning: North: IND (Business/Industrial) and M-1 (Service/Manufacturing Zone) South: PR (Parks and Recreation) and O (Open Land Zones) East: IND (Business/Industrial) and M-1 (Service/Manufacturing Zone) West: PR (Parks and Recreation) and O (Open Land Zones) 17. Is the proposed project consistent with (if answered "yes" or "n/a", no explanation is required): City of Palm Springs General Plan Yes N No ❑ N/A ❑ Applicable Specific Plan Yes ❑ No ❑ N/A N City of Palm Springs Zoning Ordinance Yes N No ❑ N/A ❑ South Coast Air Quality Management Plan Yes N No ❑ N/A ❑ Airport Part 150 Noise Study Yes N No ❑ N/A ❑ Draft Section 14 Master Development Plan Yes ❑ No ❑ N/A N City of Palm Springs Initial Study 3 December 30, 2002 18. Are any of the following studies required? Soils Report Yes ❑ No Slope Study Yes ❑ No Geotechnical Report Yes ❑ No Traffic Study Yes ❑ No EI Air Quality Study Yes ❑ No Hydrology Yes ❑ No N ` Sewer Study Yes ❑ No Biological Study Yes ❑ No 19 Noise Study Yes ❑ No Hazardous Materials Study Yes ❑ No Housing Analysis Yes ❑ No 29 Archaeological Report Yes ❑ No 129 Groundwater Analysis Yes ❑ No Water Quality Report Yes ❑ No Other Yes ❑ No 19. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None 20. Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Update. City of Palm Springs Initial Study 4 December 30, 2002 --- -------- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources N Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous ❑ Hydrology/Water ❑ Land Use/ Planning Materials Quality ❑ Mineral Resources N Noise ❑ Population/ Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service ❑ Mandatory Findings of Significance Systems EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact I. AESTHETICS--Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ N scenic vista? b) Substantially damage scenic resources, including, but not limited to,trees, rock ❑ ❑ ❑ N outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ (59 ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ N ❑ nighttime views in the area? City of Palm Springs Initial Study 5 December 30, 2002 ,A S Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 1.a-b)NO IMPACT. The BMX Race Track Area is below grade of Mesquite Avenue and will have no aesthetic impact on the surrounding areas. The subject site is located adjacent to Mesquite Avenue which is not a City Designated Scenic Corridor pursuant to the General Plan Section No.5.24.7. Landscape berming will be required at a future phase along Mesquite Avenue and Vella Road to aid in the screening of parking areas from view of the perimeter streets. The requirement for screening of parking lots is specified in Section 93.06.00 of the Zoning Ordinance.The project will be processed to require all necessary steps of Design Review by staff, any applicable advisory groups,as well as final approval of design by the Planning Commission and City Council. Therefore,this project should not result in negative impacts on aesthetic issues. I.c,d)LESS THAN SIGNIFICANT IMPACT. The project site Is adjacent to Demuth Park. Demuth Park provides an assortment of night lighted activities which includes batting cages,baseball,softball,soccer and tennis courts. The nearest single family residence is located approximately 145 feet away from future parking lot in the northwest direction from project site.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,Outdoor Lighting Standards,will be required as a condition of approval. A photometric study and manufacturers cut sheets of all exterior lighting,including BMX track and parking lot lighting will be required to be submitted and approved prior to issuance of a building permit. All lighting shall be designed to protect the night sky,through the use of shielded and directed down lighting. If lights are proposed to be mounted on the building,down lights will be required. Compliance with the Lighting Ordinance will reduce impacts due to lighting or glare to a level of less than significant. IL AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept, of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared,pursuant to the Farmland ❑ ❑ ❑ N Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act ❑ ❑ ❑ N contract? c) Involve other changes in the existing environment which, due to their location of ❑ ❑ ❑ nature, could result in conversion of Farmland,to non-agricultural use? II.ac)NO IMPACT. The subject property has a General plan designation of PR(Parks and Recreation)and is zoned O(Open Land Zones) The subject property is presently vacant with native vegetation scattered randomly across the property. The proposed project is not currently used for farming,and will not be converting prime farm land into a recreational use. The site is located in an urbanized area of the City. Therefore,no impacts are expected to occur on agdcuftural resources as a result of this project. City of Palm Springs initial Study 6 December 30, 2002 �i�ll y I Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact III. AIR QUALITY--Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation ❑ ® ❑ ❑ of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or ❑ ® ❑ ❑ projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air ❑ ® ❑ ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ 171 ❑ pollutant concentrations? e) Create objectionable odors affecting a El ❑ ® ❑ substantial number of people? III.a,-c)POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED, The BMX Racing Track is consistent with the General Plan and Zoning designations for the property. The project will also be consistent with the South Coast Air Quality Management District(SCAQMD)CEQA Air Quality Handbook. However,due to future project construction and grading activities, short term impacts to air quality could occur. To minimize construction activity emissions,the project applicant will be required to comply with the City's Fugitive Dust and Erosion Control Ordinance. Compliance with this Ordinance will reduce the impacts to air quality to a level of insignificance. MITIGATION MEASURE: AQ-1.The applicant shall comply with Section 8.50 of the Palm Spring Municipal Code,Fugitive Dust and Erosion Control(PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coact Air Quality Management District(SCAQMD).The plan must implement reasonably available control measures to ensure that project emissions are in compliance with the SCAQHID. lll.d,e)LESS THAN SIGNIFICANT IMPACT. The project will be located on a site that is surrounded by a park,single family residences,an industrial park,S.C.E.substation,and a wastewater treatment plan. The proposed project will not after climatological conditions either locally or regionalty. The proposed BMX Racing Track will not interrupt wind patterns. There will not be exposure of sensitive receptors to substantial pollutant concentrations. Short term impacts,such as odors and pollution created by diesel engines of large equipment during construction and grading operations,may occur as a result of the development of the site but due to their short term nature these are considered less than significant. City of Palm Springs Initial Study 7 December 30, 2002 `r a Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact IV. BIOLOGICAL RESOURCES--Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local ❑ ❑ ❑ 1N or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ plans, policies, regulations or by the ❑ El California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal ❑ ❑ ❑ pool, coastal, etc.)through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ❑ ❑ resident or migratory wildlife corridors, or ❑ impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ❑ ® ❑ ❑ ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ approved local, regional, or state habitat conservation plan? City of Palm Springs Initial Study 8 December 30, 2002 Yf7 - -- Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact IV.a-d,f)NO IMPACT. The subject property is presently vacant with limited native vegetation scattered randomly across the property. The entire site has been previously graded. The site is surrounded by urban uses and is considered to be an in-fill site. However,based on a site inspection by the Department of Planning and Zoning,the site is devoid of any sensitive,rare or endangered species of plants or potential habitat for endangered,threatened or rear animal species or their habitats. The site is located in an urbanized area of the City. Therefore,no impacts are expected to occur on plant and animal life as a result of this project. IV.e)LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATION. There are existing Smoketrees on site. In order to avoid disturbing the smoketrees it may be necessary to relocate the driveway. Based on a site inspection by the Department of Planning and Zoning,Planning Staff recommends relocation of driveway and avoiding any relocating or removing of smoketrees on site. Mitigation Measure: 1.Relocation of driveway to avoid disturbing Smoketrees. V. CULTURAL RESOURCES-- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as ❑ ❑ ❑ defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological ❑ ❑ ❑ resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including ❑ ❑ ❑ those interred outside of formal Cemeteries? V.a-d) NO IMPACT. According to the General Plan,the subject site is not located within an Archaeological Resources Area such that no resources of historic or archeological significance are identified on the site. There are no known human remains known at this time. The site has been significantly altered in the past as it has previously been excavated for the use of the wastewater treatment plant. Therefore,no impacts to archeological,historic resources and human remains should occur as a result of this project. City of Palm Springs Initial Study 9 December 30, tong , t Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact VI. GEOLOGY AND SOILS-- Would the project: a) Expose people or structures to potential substantial adverse effects, including the ❑ ❑ ❑ risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on ❑ ❑ ❑ other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ N iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ N b) Result in substantial soil erosion orthe ❑ ❑ ❑ loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ❑ ❑ ❑ result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building ❑ ❑ ❑ Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems ❑ ❑ ❑ N where sewers are not available for the disposal of waste water? City of Palm Springs Initial Study 10 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact VI.a-e)NO IMPACT. The subject site consists of 9.12 acres(net)of vacant land. The development of the proposed BMX Racing Track will involve minor grading of the existing terrain. The preliminary grading plan notes that 110 cubic yards dirt will be moved. This t grading activity will not result in significant impacts to on-'site and off-site drainage patterns or soil erosion.The applicant will be required to submit soils and compaction reports for review and approval by to the City of Palm Springs Department of Planning and Zoning and the Engineering Department. There are no known geological hazards present on the site other than potential ground shaking associated with earthquakes,and the site is not located within any Alquist-Priolo or City adopted special study zone. There are no known unstable earth conditions associated with the project site based on review of the Seismic Safety Element of the Cily of Palm Springs General Plan. The future development of the site will be designed to comply with the Uniform Building Code which mandates requirements for seismic safety construction and the developer will be required to submit a precise grading plan along With a soils report for review and approval of the City prior to the issuance of any permits. Therefore,there will be no geologic impacts as a result of the development of this project and the proposed subdivision of the land. The project will have no significant increases in wind erosion blows and or water erosion either on site or off-site are expected based upon review by the Planning and Engineering Departments. Therefore,there is no potential for a significant effect on the environment due to erosion. There are no known unstable earth conditions associated with the project site,and the nature of the project is such that there is no possibility of creating an unstable condition. According to the General Plan,settlement and liquefaction as a result ofseismic shaking are not considered significant hazards in Palm Springs.Therefore,there will be no impact to the environment as a result of liquefaction hazard issues. The project site is located on the valley floor and is underlain by deposits of recent alluvium. No unique geologic features are known to be present. Therefore,there is minimal potential for a significant effect on the environment due to impacts to unique geological features. A site inspection by Department of Planning and Zoning Staff reveals no major land forms on the site. Thus there exists no potential for a significant effect on the environment due to an impact on a major land form. VII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ❑ ❑ ❑ 19 materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ❑ ❑ ❑ involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter ❑ ❑ ❑ mile of an existing or proposed school? City of Palm Springs Initial Study 11 n `7/_/ lCr , t Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public 11 airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency E response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where E wildlands are adjacent to urbanized areas or El 0 where residences are intermixed with wildlands? VII.a-d,f-h)NO IMPACT. There are no aspects of the proposed project or of future project construction which would involve explosives,pesticides,radiation,chemicals,or other hazardous substances. The entire site is currently vacant and no hazardous materials are known to be existing on the property,buried underground,or to be used in conjunction with the proposed BMX Racing Track. Therefore,there would be no risk of a release of,or exposure to hazardous materials which would result in a potential for a significant impact on the environment. Additionally,according to the General Plan,the site is located in an area designated as"No Fire Risk". The proposed project will not result in a risk,nor create any health hazards,nor expose people to potential health hazards. VII.e)LESS THAN SIGNIFICANT IMPACT. The proposed4WX Racing Track is located within two miles of the Palm Springs Municipal Airport. Therefore the project will result in a less than significant impact of a safety hazard for people residing or working in the project area. City of Palm Springs Initial Study 12 - �/� Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Vill. HYDROLOGY AND WATER QUALITY --Would the project: a) Violate any water quality standards or ❑ ❑ ❑ waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level ❑ ❑ ❑ El (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ 9 river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or ❑ ❑ ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood ❑ ❑ ❑ Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or ❑ ❑ ❑ redirect flood flows? City of Palm Springs Initial Study 13 i 1 1 1 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact i) Expose people or structures to a significant risk of loss, injury or death ❑ ❑ ❑ involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ ❑ IXI mudflow? VIII.a,j)NO IMPACT. Based upon a review of the Federal Emergency Management Agency,Preliminary Flood Insurance Rate Maps(Community Panel No.060257 0009 D)and the knowledge of the Planning and Zoning Department staff and the City Engineer, the site is located outside of the 100-year flood way. Due to the nature of the project and its location,the project will not create a change in the course or direction of water movements,the quantity of ground waters,after the flow of ground water,and there are no wells on the subject site. Additionally,the site is located north of the Tahquitz Creek channel. Therefore,the project wilt not be impacted by water and flood related issues nor create impacts on water related issues. IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established ❑ ❑ ❑ community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific ❑ ❑ ❑ plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ❑ IX.a-c)NO IMPACT. The proposed BMX Race Track and related 600 square foot building will be located on a site which is designated PR(Parks and Recreation)pursuant to the General Plan Land Use Map and is zoned O(Open land Zone)by the Zoning Ordinance. The objective of the PR(Parks and Recreation)General Plan Designation is to provide for areas of scenic beauty,protect environmental resources,guard against environmental hazards,provide enhanced recreational opportunities and create an aesthetic character for the City. The proposed BMX Race Track is a conditional use permit pursuant to Section 94.02.00 of the Zoning Ordinance. All public services and utilities are currently in place and no expansion to the infrastructure,are proposed as part of the project. The project is located in an area which is predominantly developed. The property immediately surrounding the proposed BMX Race Track site consist of an older single family residential subdivision to the northwest,S.C.E.substation to the west,vacant land to the south,and an industrial park to the north. Given the distance between the existing uses and the proposed project,there should be no impacts caused by the development of the proposed project relative to these residents or any other surrounding land uses. City of Palm Springs Initial Study 14 Decemh �^ VAI9 -- Less Than Significant Potentially with Less Than Significant .Mitigation Significant No Impact Incorporation Impact Impact X. MINERAL RESOURCES--Would the project: a) Result in the loss of availability of a known mineral resource that would be of ❑ ❑ ❑ value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery ❑ El ❑ site delineated on a local general plan, 29 specific plan or other land use plan? X.a,b)NO IMPACT. The project will not conflict or interfere with an energy conservation plan and will not use non-renewable resources in a wasteful and inefficient manner. Therefore,the project should not result in a negative impact on energy and mineral resources. XI. NOISE—Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or ❑ ❑ ❑ noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ❑ groundbome noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity ❑ ❑ ❑ above levels existing without the project? d)A substantial temporary or periodic increase in ambient noise levels in the ❑ ❑ ❑ project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public ❑ ❑ ❑ airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? City of Palm Springs Initial Study 15 y�ao Less Than Significant Potentially with Less Than Significant Mitidation Significant No Impact Incorporation Impact Impact f) For a project within the vicinity of a private airstrip,would the project expose ❑ El ❑ people residing or working in the project area to excessive noise levels? XI,a)NO IMPACT. The proposed BMX Racing Track is not expected to generate noise levels greater than the noise levels stated within Chapter 11.74 of the Palm Springs Municipal Code,other than during construction where the activities will be restricted to the hours and noise levels specified in the Municipal Code and the General Plan. A public address(PA)system is proposed for the project. Use of the system will be in compliance with the Noise Ordinance. The public address system will be directed away from the residences located to the northwest. The public address system will be located adjacent to the track,which is below the street level. The proposed BMX racing Track will be limited in the hours of operation. Therefore,no impact regarding noise is expected to occur as a result of the project. XII. POPULATION AND HOUSING-- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ indirectly (for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? XII.ac)NO IMPACT. The proposed BMX Race Track,will result in approximately 1 part-time employee,25 riders and a maximum of 18 spectators at one time. The site will have 77 parking spaces. The proposed BMX Race track and 600 square foot building is consistent with existing zoning and general plan designations for the property. The project is not likely to induce growth in the area because the project is proposed as an in-fill development and is a recreational use limited to the hours of operation from 6 p.m. through 8 p.m.on Monday,Tuesday,Friday and 7:30 a.m.through 12.p.m.on Saturdays. The project utilizes existing infrastructure and does not include the extension of new infrastructure into an undeveloped area lacking major infrastructure. Since the site is vacant,displacement of existing housing including affordable housing,will not occur,and there should be no impacts to population and housing as a result of the project. City of Palm Springs Initial Study '16 I / A i h 1 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ 129 XIII.a)NO IMPACT. The proposed project is within the City's five minute response time for fire service and within reasonable proximity of the Police station. The project will be adequately served by other public services as well,and school fees are required for all new construction to mitigate any potential impacts to the school district. Therefore,there should be no impacts to public services as a result of this project. XIV. RECREATION-- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that ❑ ❑ ❑ substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which ❑ ❑ ❑ might have an adverse physical effect on the environment? XIV.a,b)NO IMPACT. The construction of the BMX Race track and 600 square foot building will not increase the demand for recreational facilities nor will it affect existing recreational facilities. Therefore,a negative impact on existing or the demand for recreational facilities will not occur as a result of this project. City of Palm Springs Initial Study 17 ��� Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XV.TRANSPORTATION/TRAFFIC-- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ ❑ El ❑ number of vehicle trips,the volume to capacity ratio on roads, or congestion at Intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ® ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels ❑ ❑ ❑ 19 or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ❑ ❑ dangerous intersections) or incompatible 159 uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting altemative ❑ ❑ ❑ transportation (e.g., bus turnouts, bicycle racks)? XV.a,b)LESS THAN SIGNIFICANT IMPACT. The proposed development and use as a BMX Race Track will generate a maximum clientele of 43 people at any given time during the hours of operation between 6 p.m.through 6 p.m.on Monday,Tuesday,Friday and 7:30 a.m.through 12.p.m.on Saturday along with a maximum employee shift of 1 person. The project impact to the existing vehicular circulation system are considered less than significant and will not cause any additional traffic congestion in the immediate area. XV.c)NO IMPACT. The proposed development of the BMX Race Track will result in no impact to any changer in air traffic patterns. XV.d-g)NO IMPACT. As a result of the proposed site design,unsafe ingress or egress will not be created. To minimize vehicular conflicts driveways were purposely not located along Mesquite Avenue frontage due to the high volume traffic along that secondary thoroughfare. Access has been designed to the satisfaction of the Fire Department and will allow for sufficient emergency access and passing movement in emergencies,as necessary. The project does satisfy the zoning ordinance parking requirement for a Public Park and Recreation Uses. Access to nearby uses,hazards for pedestrians and/or bicyclists will not result from development of the proposed project,nor will it conflict with adopted policies supporting alternative transportation. The proposal will not impact rail, waterbome or air traffic. City of Palm Springs Initial Study 18 De 2C Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVI. UTILITIES AND SERVICE SYSTEMS —Would the project: a) Exceed wastewater treatment requirements of the applicable Regional ❑ ❑ ❑ Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ❑ ❑ ❑ construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the ❑ ❑ ❑ construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing ❑ ❑ ❑ entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ❑ ❑ ❑ adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the ❑ ❑ ❑ project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid ❑ ❑ ❑ IFI waste? XVI.a-g)NO IMPACT. All utilities and services are currently provided to the subject site. Due to the nature and size of this project, there should be no impacts to utilities and service systems as a result of the project. City of Palm Springs Initial Study 19 _ .._ C 2002 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when ❑ ❑ ❑ viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c)Does the project have environmental effects which will cause substantial adverse ❑ ❑ ❑ 23 effects on human beings, either directly or indirectly? XVII.a-c)NO IMPACT. The project will not impact the habitat of fish or wildlife species,and the project will not cause substantial adverse effects on human beings. The project will not achieve short-term goals to the detriment of long-term environmental goals. City of Palm Springs Initial Study 20 -uecemi—� 2002 •x a,1 M Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVIII. LISTED BELOW'ARE THE PERSON(S) WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Gabriel Diaz,Assistant Planner Marcus Fuller,Senior Engineer Alex Meyerhoff,Principal Planner Douglas R.Evans,Director of Planning&Zoning DETERMINATION On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ❑ environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated"impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to ❑ applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable ❑ standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 12. " 3 0 -vZ Signature Date City of Pa1m,Spring8 Initial Study 21 December 30, 2002 BMX TRACK LEASE AGREEMENT This BMXTRACK LEASE AGREEMENT("Lease")is made and entered into this sixth day of February, 2002 ("Effective Date"), by and between the CITY OF PALMSPRINGS, a California municipal corporation ("City"), and PALM SPRINGS POLICE ACTIVITIES LEAGUE, a California nonprofit corporation (PSPAL). RECITALS A. The City and PSPAL are mutually interested in providing quality recreational activities for the youth of the City of Palm Springs. B. City is the owner of that certain real property located at 4375 Mesquite Avenue, Palm Springs, California, including all improvement thereon existing as of the Commencement Date ("Site"), as legally described in Exhibit "A" attached hereto. C. The City wishes to make the Site available to PSPAL and PSPAL wishes to use such Site under the terms of this Lease to fulfill the goal of providing quality recreational activities for the youth of the City of Palm Springs. D. The parties recognize that through a cooperative Lease between the City and PSPAL for use of the Site under the terms herein, the community will be afforded the fulfillment of a major recreational goal for the youth in the City of Palm Springs. AGREEMENT 1.01 LEASE AND CONDITION OF SITE 1.1 Lease of Site. City hereby leases and demises to PSPAL and PSPAL hereby hires from City, for the term and upon the conditions set forth herein, the Site, as legally described in Exhibit "A." 1.2 Condition of Site. PSPAL agrees that it accepts the Site"AS-IS"and"WHERE- IS"without any representations and warranties of any nature or kind whatsoever from City. 2.0 LEASE TERM OA 1Gje! o . .�cww—e ♦Data. TIkIIe lGgJF Cv omumllcenNncm111Gen11fL.4nRilG JLII.QJIII IIIe+a11fUhroe IL cu91yw date this Lease is executed by City. 2.2 Lease Term. The Lease Term shall mean the period commencing upont he Lease Commencement date and continuing for five (5) years. 2.3 Delivery of Possession. City shall tender delivery of possession of the Site to PSPAL within five (5) business days following the Lease Commencement Date. 3.0 RENT 3.1 Rent. PSPAL shall not be obligated to pay any rent to City for the lease of the Site. The parties acknowledge that the service provided by PSPAL to the community under 4- Ma7 this Lease serves as a benefit to the City in establishing a valuable youth program which provides the considerations or City's obligations hereunder. 3.2 Net Rent. It is the intention of the parties that the rent herein specified shall be net to the city in each year during the term of this Lease, that all costs, expenses and obligations of every kind relating and allocable to the Site (except as may be otherwise specifically provided in this Lease) which may arise or become due during the Lease.Term shall be paid by PSPAL and that City shall be indemnified by PSPAL against such costs, expenses and obligations. 3.3 Additional Rent. All taxes, charges, costs and expenses which PSPAL is required to pay hereunder,together with all interest and penalties that may accrue thereon in the event of PSPAL's failure to pay such amounts, and all damages, costs and expenses which City may incur by reason of any default of PSPAL,orfailure on PSPAL's part to comply with the terms of this Lease, shall be deemed to be additional rent and, in the event of nonpayment by PSPAL, City shall have all rights and remedies with respect thereto as City has for the nonpayment of rent. 4.0 USE OF SITE 4.1 Use of Site. PSPAL shall use the Site solely for the purpose of operating a BMX Track for use by the general public,pursuant to the American Bicycle Association(ABA) bylaws on file with the Contract Officer at Palm Springs City Hall located at 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92263. Except for said conditional use, PSPAL has no additional rights, privileges or obligations with respect to the use of the Site,and, in particular, has no.addition.al_rights, privileges or obligations with respect to the subsurface of the Site. PSPAL shall not expand or change such use without the express written consent of City. PSPAL shall further comply with the following requirements: 4.1.1 Membership, Rules Registration and Bylaws (a) PSPAL shall insure that its activities are, at all times, conducted in accordance with the ABA on file with the Contract Officer. (b) PSPAL agrees to support the City by informing its participants regarding the ABA Rules and Regulations and Bylaws on file with the Contract Officer, and any additional safety rules necessary to avoid any injuries arising from the activities of PSPAL at the Site. (c) All Coaches and assistants provided by PSPAL at the Site shall, at all times, be certified under any applicable federal, state or local standard for the provision of sports medicine first aid. (d)An adult designated by PSPAL,who shall be certified pursuant to Section 4.1.1 (c) immediately above and qualified to supervise youth activities,shall be present at all times during the hours of operation. 4.1.2 Safety Equipment: (a) PSPAL shall provide, at its sole cost and expense, safety equipment that provides the highest level of safety and is adequate forthe protection of suers of the Site from / -2- / '! injuries arising from PSPAL activities under this Lease. The safety equipment provided by PSPAL shall comply with any applicable minimum safety requirements under federal, state or local standards for boxing activities. (b) PSPAL shall pay for and assume full responsibility for all supplies, equipment and uniforms relating to PSPAL's activities at the Site. 4.2 Hours of Operation. PSPAL shall maintain the-Siteopen for public use during hours to be approved in advance by the Contract Officer. PSPAL may request changes in the hours and days of operation from time to time in response to the public demand for use of the Site. PSPAL shall submit such requests in writing to the Contract Officer, who shall approve or disapprove the request within five (5)working days after receipt. Requests may be submitted by fax. Any request not approved or disapproved within five (5) working days shall be deemed disapproved. - 4.3 Compliance with Law. PSPAL agrees that all operations and activities by or under PSPAL on the Site shall be conducted in compliance with all applicable statutes, ordinances,orders,laws,rules and regulations,and the requirements of all federal,state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the Site or to the use or manner of use of the Site. PSPAL shall indemnify and hold the City harmless against all actions, claims and damages by reasons of(i) PSPAL's failure to perform the terms hereof;.or(ii) PSPAL's nonobservance or nonperformance of any statue,ordinance,order,law,rule, regulation and/or governmental requirement related to PSPAL's use and occupancy of the Site or the condition thereof. 4.4 Miscellaneous Restrictions. PSPAL agrees in using the Site: 4.4.1 Not to commit any waste or suffer any waste to be committed upon the Site. 4.4.2 Notto perform any acts orcarry on any practices that may inure adjoining buildings or property or be a nuisance or menace to other persons or businesses in the area or disturb the quiet enjoyment of any person, norto conduct or permit to be conducted any public or private nuisance on the Site. 4.4.3 Not engage in any activity on or about the Site that violates any "Environmental Law"(as defined below),and to promptly,at PSPAL's sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency t.J 1 Low le J I 2 L-�'_ 1!_� or EnviivnlTleilL maw lul %Icailiip an' reilV V<7I VI any Cviudi nillaLI IfIVC�IVIrIg any "Hazardous Material" (as defined below) created or caused by or under PSPAL. The term "Environmental Law"shall mean anyfederal state or local law,statute,ordinance or regulation pertaining to health,industrial hygiene orthe environmental conditions on, under or about the Site including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980("CERCLA"),42 U.S.C.Sections 9601 et seq.; (ii)the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.;(v)the Federal Water Pollution Control Act,33 U.S.C.Sections 1317 et seq.; (vi) California Water Code Section 1300 et seq.; and (vii) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term"Hazardous Material"includes,without limitation,any material or substance Q '3" 7 / / which is(i)defined orlisted as a"hazardous waste,""extremely hazardous waste,""restrictive hazardous waste"or"hazardous substance"or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof;(iii)asbestos;and/or(iv)substances known bythe State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms "Hazardous Materials" and "Environmental .Law" in their broadest sense. PSPAL shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. PSPAL shall provide prompt written notice.to City of the existence of Hazardous Substances on the Site and all notices of violation of the Environmental Laws received by PSPAL. PSPAL's obligations pursuant to this Section shall be referred to in this Lease as "Environmental Compliance." 4.6 Public Access, Except as provided in this Section 4.5,the Site shall be open to the general public during the hours of operation approved by the Contract Officer in accordance with Section 4.2. No preferential or exclusive rights shall be granted to any individual user of the Site, or any portion thereof, except that preferential rights may be granted to students of the Palm Springs Unified School District and other regional school districts for educational purposes.The general public may be excluded during such times as the Site is being used by school districts for such purposes. Notwithstanding the foregoing, PSPAL may,with the written approval of the Contract Officer,exclusively use the Site during non-operating hours for its private purposes such as fund-raising or promotions. 5.0 ALTERATIONS, MAINTENANCE AND REPAIRS 5.1 By PSPAL. PSPAL shall take such measures as may be reasonably necessary to control weeds;blowing dirt and sand;trash,etc.,with respectto any unimproved portion of the Site. In the event PSPAL fails to maintain the Site, City shall have the right but not the obligation to enter upon the Site to correct or cure the problem and any cost to City, plus a 15%administrative charge,shall be billed to PSPAL and shall be paid by PSPAL within thirty(30)days after receipt of such invoice,provided,however,that the foregoing rightof City to enter upon the Site to correct or cure a maintenance problem shall not be exercised unless and until City has provided written notice to PSPAL specifying the problem and the action needed to correct or cure it, and the expiration of a period of twenty(20) days given to PSP to correct or cure problems pertaining to building improvements,or ten,(10)days pertaining to landscaping, or five (5) days pertaining to dirt, graffiti, trash, and similar problems. The irrigation system for any landscape area to be maintained by PSPAL shall be metered to the Site. . PSPAL, at its sole expense, snail furtiier be responsible fair the complete maintenance,repair,and replacement,as may be necessary, of all furniture,furnishings and equipment at the Site or used for the PSPAL. 5.2 Waiver of Repairs. PSPAL hereby expressly waives any right or privilege under statute or otherwise to require that repairs be performed by City,or at the expense of City,to the Site,except those repairs required to be performed by the City under Section 5.1 herein or if such repairs are caused by the negligence. or willful misconduct of City or its agents, employees or representatives. 5.3 Alterations. In the event that either prior to or during the Lease Term any alteration,addition,or change or otherwise to the Site, or any portion thereof, is required by law or regulation or rule, the same shall be made by PSPAL at PSPAL's sole cost and -4- expense. Subject to obtaining all requisite governmental permits and authorizations, PSPAL shall have the right to make nom-structural alterations to the interior of any building constructed by PSPAL upon the Site, provided that the same when complete are of a character as not adversely to affect the value of the building immediately before such alteration. Except for the alterations permitted by the preceding provisions of this Section, PSPAL shall not make or permit any alterations,additions or improvements to be made to or upon the Site or to the common and parking areas upon the Site without first obtaining the written consent of City. Any alterations, additions or improvements made by PSPAL in accordance with the Section 5.4 shall be diligently constructed,at no cost or expense to City, and in a good and workmanlike manner according to and in conformity with any laws, rules and regulations of all governmental bodies and agencies. -- 6.4. Mechanics'Liens. PSPAL agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Site of a character that may result in liens on City's estate therein, and PSPAL will keep the Site free and clear of all mechanics' liens or other liens on account of work done or alleged to have been done by or for PSPAL or persons claiming under it. City and its representatives shall have the right to post and keep posted on the Site such notices as City may deem necessary for the protection of its interest in the Site during the period that any work is being performed that might result in a lien being filed against the Site. At least twenty (20) days prior to PSPAL's placing any materials upon the Site or causing any labor or work of construction of any alterations, additions or improvements or repairs having a cost in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00)to be performed, PSPAL shall deliver to City notification thereof specifying the nature and location of the intended work and the expected date of commencement thereof. All construction to be performed by PSPAL or performed by or under PSPAL shall be performed without cost or expense to City.-Notwithstanding the above, PSPAL may contest the validity of any such mechanic's lien claim fled against the Site or City's estate therein, provided that in such event,PSPAL shall first notify City and, if requested by City,shall,within ten (10) days of the City's request, either bond such lien or cause such lien to be bonded in the manner authorized by law so as to release the real property subject thereto from such lien. 5.5 Utilities. PSPAL shall,at its own expense,pay before delinquency all charges for water;gas, heat,-electricity, power, sever,telephone service,trash removal and all other services and utilities used in, upon, or about the Site by PSPAL or any of its subtenants, or licensees during the Lease Term. 6.0 INSURANCE AND INDEMNITY 6.1 Insurance Provided by PSPAL. City shall maintain fire and extended coverage insurance throughout the term of this Lease. PSPAL understands that City's coverages hereunder do not include PSPAL's furniture, fixtures or merchandise. PSPAL hereby waives any right of recovery from City, its officers and employees, and City hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance. 6.1 Insurance provided by PSPAL. (a) PSPAL to Provide Personal Property Insurance. PSPAL, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures,equipment,personal property and inventory within the Site from loss or damage -5- 4f1731 - to the extent of their full replacement value and shall provide plate glass coverage. (b)PSPALto Provide Liability Insurance. During the entire term of this Lease, the PSPAL shall,atthe PSPAL's sole cost and expense,butforthe mutual benefit of City and PSPAL, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Site and on any sidewalks directly adjacent to the Site written on a per occurrence basis in an •amount.not less than either(i)a combined single limit of ONE MILLION DOLLARS($1,000,000.00)for bodilyinjury, death,and propertydamage or(ii)bodily injury limits of$250,000.00 perperson,$500,000.00 per occurrence and $500,000.00 products and completed operating and property damage limits of$100,000.00 per occurrence and$250,000.00 in the aggregate;,provided, however, if City so elects City may provide such insurance and, in such event,agrees to pay its pro rata share of the cost of said insurance on the same basis as provided in Section 6.1 above. (c) General Provisions Applicable to PSPAL's Insurance. All of the policies of insurance required to be procured by PSPAL pursuant to this Section 6.2 shall be primary insurance and shall name the City,its officers,employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the City,its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide thatsaid insurance may not be amended or cancelled without providing 30 days prior written notice by registered mail to the City. Prior to the Commencement date or such earlier date as PSPAL takes possession of the Site for any purpose,and at least 30 days prior to the expiration of any insurance policy, PSPAL shall provide City with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to City, licensed to do business in the state where the Site is located and rated A:VII or better by Bet's Insurance Guide. In the event the Risk Manager of City ("Risk Manager") determines that (i) the PSPAL's activities in the Site creates an increased or decreased risk of loss to the City, (ii)greater insurance coverage is required due to the passage to time,or(ii!)changes in the industry require different coverages be obtained, PSPAL agrees that the minimum limits of any insurance policy required to be obtained by PSPAL may be changed accordingly upon receipt of written notice from the Risk Manager; provided that PSPAL shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. City and PSPAL hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Site, its contents,or PSPAL's trade fixtures, equipment, personal property or inventory arising from any risk generally covered by insurance against the other on account of any loss or damage occasioned by property damage to the Site, its contents, or PSPAL's trade fixtures, equipment, personal propeay or inventory arising frVln any Fisk generally coverell by insurance against the perils of fire, extended coverage,vandalism, malicious mischief,theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties, on behalf of their respective insurance companies insuring such property of either City or PSPAL against such loss,waive any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. 6.3 Indemnification of City . PSPAL, as a material part of the consideration to be rendered to City under this Lease, hereby waives all claims against City for damage to equipment or other personal property,trade fixtures,leasehold improvements,goods,wares, inventory and merchandise, in, upon or about the Site and for injuries to persons in or about the Site,from any cause arising at anytime. PSPAL agrees to indemnify the City,its officers, -6- ig3a- agents and employees against,and will hold and save them and each of them harmless from any and all actions,suites, claims,damages to persons or property,losses, costs, penalties, obligations,errors, omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of PSPAL, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Site or the parking and common areas by PSPAL or its employees and customers, or arising from the . failure of PSPAL to keep the Site in god condition and repair, as herein provided or arising from the negligent acts or omissions of PSPAL hereunder, or arising from PSPAL's negligent performance of or failure t perform any term, provision covenant or condition of this Lease, whether or not there is concurrent passive or active negligence on the part of the City, it officers, agents or employees but excluding such claims or liabilities arising from the sole negligence orwiliful misconduct of the City,its officers,agents or employees,who are directly responsible to the City, and in connection therewith: (a) PSPAL will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) PSPAL will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of PSPAL hereunder, and PSPAL agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event-the City, its officers,:agents or employees is made a party to any action or proceeding filed or prosecuted against PSPAL for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of PSPAL hereunder, PSPAL agrees to pay to the City, its officers, agents or employees,any and all costs and expenses incurred by the City,its officers,agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 7.0 TAXES 7.1 Personal Property Taxes. PSPAL agrees to pay, prior to delinquency, all taxes levied upon personal property,if any,including trade fixtures,and inventory,not owned by City and kept on or about the Site by or under PSPAL. 7.2 Real Property Taxes. PSPAL agrees to pay all real property taxes(including any possessory interest taxes and special and ad valorem taxes)and assessments levied or assessed upon the Site and all improvements thereof from and after the Lease Commencement date during the Lease Term. Any tax or assessment relating to a fiscal period, a part of which precedes the Lease Commencement date or which continues beyond the end of the Lease Term, shall be prorated so PSPAL shall pay only that portion thereof which relates to the portion of the subject tax period commencing with the Lease Commencement date included within the Lease Term. The term "real property taxes and assessments"shall include any increases on any such tax or assessment imposed by reason of this Lease or a transfer, either partial or total, of City's and/or PSPAL's interests in and to the Site and/or the underlying realty and/or any imposition added to any such tax or assessments levied or assessed on the Site directlyto the taxing governmental authority prior -7- to delinquency tax or assessment imposed by reason of this Lease or a transfer,either partial or total, of City's and/or PSPAL's interests in and to the Site and/or the underlying realty and/or any imposition added to any such tax or assessment by reason of any such transfer. PSPAL shall pay the real property taxes and assessments levied or.assessed on the Site directly to the taxing governmental authority prior to delinquency. 7.3 Proof of Payment. All takes_payable to PSPAL pursuant to this Section 9 shall be paid by PSPAL prior to delinquency. PSPAL shall provide City with cancelled checks (or other reasonable evidence)evidencing the payment of all taxes payable to PSPAL under this Lease within sixty (60) days of the delinquency date for the payment of said taxes. 8.0 CASUALTY DAMAGE 8.1 Right to Terminate. In the event the whole or any part of the improvements at the Site shall be damaged or destroyed by any casualty other than those for which the City shall insure pursuant to Section_6.1, at anytime during the Lease Term, PSPAL shall with all due diligence, at PSPAL's sole cost and expense, repair, restore and rebuild such improvements on the same plan and design as existed immediately prior to such damage or destruction and to the same condition that existed immediately prior to such damage, provided, however, that in the event of the damage or destruction is such that restoration of such improvements cannot be reasonably accomplished within one (1) year following commencement of such restoration work, then PSPAL may cancel this Lease by giving written notice of its election to do so to City within sixty(6b) days after PSPAL receives notice or acquires knowledge of such damage or destruction meeting the criteria above, in which event PSPAL need not restore or rebuild the improvements, but shall release to City any interest of PSPAL and/or its encumbrancers in and to any_insurance proceeds from the insurance to be provided by PSPAL pursuant to Section 6.2 above. 8.2 Insurance Proceeds. In the event of any restoration ro reconstruction pursuant to this Section 8, City agrees to cooperate with PSPAL and PSPAL's insurer to obtain the release of the insurance proceeds available in consequence of such damage of PSPAL's restoration and reconstruction progresses,subject onlyto City's approval of normal architects' certificates, mechanics' lien waivers and other reasonable and customary construction disbursement documentation. Prior to any such restoration and reconstruction as herein provided, the drawings and specifications therefor shall be submitted to City and any other necessary parties for their approval. City agrees that its approval of such drawings and specifications shall not unreasonably be withheld or delayed. All such work performed by PSPAL shall be constructed in a good and workmanlike manner according to and in ivnfuriiiaiiCe ad,'th th'c iaVJS, rules and rc'H .iiati^vnPi of vii ^yvv.�..rniiientc'ai bodies a,id a^yei Cles and the requirements of this Lease applicable to the original construction of the Improvements In the event PSPAL terminates this Lease under section 8.1 above, City shall have the right to retain all insurance proceeds other than those attributable to PSPAL's trade fixtures, equipment and personal property, provided, however, that in the event such insurance proceeds are in excess of the amount required to repair and/or restore the Improvements, City agrees to pay to PSPAL any excess proceeds. 9.0 ASSIGNMENT AND SUBLETTING 9.1 City's Consent Required. PSPAL shall not, either voluntarily or by operation of law, assign or encumber PSPAL's leasehold estate hereunder or sublet the Site, or any portion thereof(all of which shall be referred to herein as a "Transfer"), without City's prior -8- yI�3 written consent in each instance, which consent shall not be unreasonably withheld, conditioned, or delayed, or, except in connection with apermitted sublease, permit the Site to be occupied by anyone other than PSPAL or PSPAL's employees, contractors, and volunteers. Consent by City to one or more Transfers of this Lease or of the Site or to any such occupancy shall not release PSPAL from the requirement that City's consent be obtained to all subsequent Transfers. 9.2 No Release. No Transfer by PSPAL, or by any of PSPAL's successors or assigns in interest, even with the consent of City, shall relieve PSPAL of its obligations to perform all of the other obligations to be performed by PSPAL hereunder. The acceptance by City of any payment due hereunder from any other person shall not be deemed to be a waiver by City of any provision of this Lease or to be a consent to any transfer. Any waiver by City must be in writing and PSPAL may not rely upon or assert any estoppel or waiver based upon any alleged oral statement or warranty. 10.0 DEFAULT: TERMINATION Either party may terminate this Lease upon a default by the other party. A party shall be in default under this Lease if that party fails to perform obligations required of it within a reasonable time, but in no event later than thirty(30) days after written notice from the other party, specifying wherein the nonperforming party has failed to perform such obligations, provided,however,that if the nature ofthe nonperforming party's obligation is such that more than thirty(30) days are required for performance then the nonperforming party shall not be in default if it commences performance within such thirty (30)day period and thereafter diligently prosecutes the same to completion. 10.01 RIGHTTO OPERATE AND DEVELOP WASTEWATER TREATMENT PLANT AND TERMINATION FOR CONVENIENCE City reserves the right to operate and to further develop, improve, repair and to alter the Wastewater Treatment Plant as it may see fit,without interference or hindrance by PSPAL and free from any and all liability to PSPAL for loss of business or damages of any nature whatsoever to PSPAL occasioned during the making of such improvements, repairs, alterations and additions. City may assign this lease; City may cancel this lease for convenience with 120 days written notice to PSPAL. 11.0 QUIET ENJOYMENT JUDJeGt t0 811 rights reserved LO City llnUel 1111s Lease including, v✓itli0i.it iiiiiitativn, City's right of inspection as herein below provided, and upon PSPAL observing and performing all of the terms, covenants and conditions on PSPAL's part to be observed and performed,City hereby warrants,represents and covenants that PSPAL may peaceably and quietly have, hold, occupy and enjoy the Site and all of the appurtenances thereto without hindrance or molestation from City or those lawfully claiming an interest in or to the Site through or under City. 12.0 MISCELLANEOUS 12.1 Inspection. City reserves the right for City and for its agents, servants and representatives: -9 .03-57--- 12.1.1 Upon twenty-four(24) hours prior notice,to enter upon the Site at any reasonable time, during PSPAL's normal business hours, for the purpose of attending to its business and interests hereunder, including,.but not limited to, assuring compliance by PSPAL of all terms and obligations of this Lease (provided that prior notice and limitation to business hours shall not apply in the event of an emergency). 12.1.2 To inspect the Site and make any repairs or improvements which.City shall at any-reasonable time deem necessary or proper for the.preservation of the Siteand other Improvements if PSPAL defaults in its obligation to do so hereunder, provided that nothing herein contained shall be construed as obligating City to make any such repairs or improvements. 12.2 Condemnation. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Site, City may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty-five percent (25%) or more of the Site, PSPAL may, upon written notice given within thirty(30) days after such taking or transfer in lieu thereof, terminate this Lease, PSPAL shall not be entitled to share in any portion of the award and PSPAL hereby expressly waives any right or claim to any part thereof. PSPAL shall, however, have the right to claim and recover, only from the condemning authority(by not from City), any amounts necessary to reimburse PSPAL for the cost of removing its furniture,equipment and merchandise. If this Lease is not terminated as above provided, City shall use a portion of the condemnation award to restore the Site. 12.3 Surrender at End of Term. Any improvements built, constructed, or placed , uponthe Site by or under PSPAL,otherthan PSPAL's trade fixtures,equipmentand personal property, shall remain on the Site and become the absolute property of City without any cost to City upon the termination of this Lease,whether by lapse of time or by forfeiture by reason of default provided that PSPAL shall have the right to remove its trade fixtures, removable tenant improvements, equipment and personal property on or before expiration or earlier termination of this Lease, provided that PSPAL repairs any damage occasioned by such removal. If, at the end of the Lease Term or earlier termination as herein provided, PSPAL has left any merchandise, furniture or fixtures in or about the Site, City may give PSPAL written notice to remove said property. In the event said property is not removed within thirty (30) days of the sending of said notice, City may dispose of said property in any manner whatsoever, at PSPAL's cost, and PSPAL hereby waives any claim or right to said property or any proceeds derived from the sale thereof. 12.4 Holding Over. In the event PSPAL'shall hold overthe Site afterthe expiration of the Lease Term (including any extensions) with the consent of City either express or implied including, without limitation, a hold over by a sublessee, such holding over shall be construed to be only a tenancy from month to month,subject to all the covenants, conditions and obligations hereof, and PSPAL hereby agrees to pay City the same rentals and charges provided for by this Lease for such additional time as PSPAL shall hold such property. 12.5 Force Maieure. If either party is delayed, prevented or hindered from the performance of any covenant or condition of this Lease because of acts of the other party, Acts of God, adverse weather conditions not 'reasonably anticipated, war, invasion, insurrection, acts of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes,inabilityto market,unusual delay in transportation,laws,rules,regulations ororders _10- y 3� of governmental or military authorities,or any other cause beyond the reasonable control of the parties so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, such performance shall be excused for the period of the delay, and the period for such performance shall be extended for a period equivalent to the period of such delay. . . 12.6 Waiver. No written waiver of any. breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof. City's acceptance of any sum payable by PSPAL to City under this Lease while PSPAL is in default underthe terms of this Lease shall not constitute a waiver by City of such default, other than a default by PSPAL in payment of the sum so accepted by City. PSPAL shall not rely on any oral waiver and shall not rely on any course of conduct as a waiver of any provision of this Lease. PSPAL may rely only on specific waivers confirmed in writing. 12.7 Notices. Whenever in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall riot be deemed to have been duly given or served unless said notice is in writing and is either personally served (including service by overnight courier) upon the person for whom intended or mailed, by registered or certified mail, with postage prepaid, addressed to the party for whom intended at the address that follows: City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 With a Copy to: David J. Aleshire, Esq. Burke Williams & Sorensen 18301 Von Karman Avenue Suite 1050 Irvine, CA 92612 PSPAL: Police Activities League 2363 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: George Palomares Either City or PSPAL may change such address by notifying the other party in writing as to such new address as PSPAL or City may desire used and which new address shall continue as the address until further written notice. If nay notice or demand is sent by mail as afo-res a I d, the dallle s hall be de a lm ed served or del live red t Iree ` Aa after itis mailing thereof in the manner provided above. If any notice ordemand is sent by overnight courier as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after deposit of the same with an overnight courier for delivery to the party to whom intended at the address provided above for such party pursuant to this Section. 12.8 No Oral Agreements. This(i)Lease covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes any and all previous obligations, agreements and understandings, if any, between the parties, oral or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or nature herein. PSPAL acknowledges that no representations orwarranties of any kind or nature not specifically set forth herein have been made by City or its agents or representatives. Z -- 12.9 Inurement. Each of the covenants, conditions and agreements herein contained shall inure to the benefit of and shall apply to and be binding upon the parties hereto and their respective heirs,legatees,devisees,executors, administrators,successors, assigns, sublessees or any person who may come into possession of said Site or any part thereof in any manner whatsoever. Nothing in this Section shall in any way alter the provisions against assignment or subletting herein above provided. 12.10 AssignmentbiCity. In the event City shall transfer or conveyor be divested of its fee estate in and to the Site, and as a part of said transaction shall transfer, convey, assign or be divested of its interest as City in and to this Lease, then from and after the effective date of said assignment, transfer, conveyance, divestiture or reverter and assumption of this Lease by the transferee, City shall have no further liability, except for liabilities which shall have accrued and be unsatisfied as of such date, for all of which liabilities City shall continue to be obligated_notwithstanding any such assignment, transfer, conveyance, divestiture or reverter. 12.11 Severability. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be in force to the fullest extent permitted by law. 12.12 Authority of PSPAL. Each individual executing this Lease on behalf of the PSPAL represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of the PSPAL, in accordance with the bylaws of the PSPAL, and that this Lease is binding upon said PSPAL. Each individual executing this Lease on behalf of City represent and warrants that he is duly authorized to execute and deliver this Lease on behalf of City and that this lease is binding upon City. 12.13 City's Officers and Employees. 12.13.1 Non-liability of Officers and Employees. No officer, official, agent, contractor,or employee of,City shall be personally liable to PSPAL,or any successor in interest, in the event of any default or breach by City or for any amount which may become due to PSPAL or to its successor, or for breach of any obligation of the terms ofthis Lease. If the PSPAL is a corporation (including a 501(c)(3) corporation) or limited liability company, no official,agent,contractor,director,oremployee of PSPALshall be personally liable to City, or any successor In interest, In the event of any default or breach by PSPAL or for any amount which ,ay become due to City or to its successor, or for breach of any obligation of the terms of this Lease. 12.13.2 Conflict of Interest. No officer or employee ofCity shall have any financial interest, direct or indirect, in this Lease nor.shall any such officer or employee participate in any decision relating to this Lease which affects the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. 12.14. Non-Discrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status,handicap,age, ancestry or national origin in the leasing,subleasing,transferring,use, -12- '�j�/�- - occupancy, tenure or enjoyment of the Site herein leased nor shall the PSPAL itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of lessees, sublessees, subtenants or vendees of the Site herein leased. 12.15 Authority of Contract Officer. Whenever a reference is made herein to an action or approval to be undertaken by City, the person designated by the City Manager, which person is referred to herein as the Contract Officer,is authorized to act on behalf of City unless specifically provided otherwise or the law or otherwise requires. 12.16 Real Estate Broker. PSPAL and City each represent and warrant to the other that it has not dealt with any real estate broker and knows of no real estate broker, agent, or finder that may claim a commission in connection with this Lease. PSPAL and City shall each indemnify, defend, and hold the other harmless from and against any claim for any broker's or finder's fee arising out of the acts or omissions of the indemnifying party. {End - Signature Page and Exhibits Follow} -13- ll`'J� IN WITNESS WHEREOF,City and PSPAL have cause this Lease Agreementto be executed and to be effective as of day and year first hereinabove written. "CITY" CITY OF PALM SPRINGS, a California municipal corporation City Manager ATTE City Clerk APPROVED AS TO FORM: City A "PSPAL" PALM SPRINGS POLICE ACTIVITIES LEAGUE A California non-profit corporation corporation Bo _•d Me er o Board ember Board Member Bodtd Member [End of Signatures] APPROVED BY THE-MY Wo a - �b YK� EXHIBIT "A" LEGAL DESCRIPTION OF SITE THAT PORTION OF SECTION 19, T4S,R5E MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTBERNLY 657 FEET OF LOT 18 OF THE MAP OF THEPALM VALLEY COLONY LANDS S RECORDED IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CA. 7rl 680 - Q2 : SEC,19 T.4S.,R.5E , T . R . A . 011 -003 29-71 CITY OF PALM SPRINGS (� (At V4flt*7 6fa%y �j, lie ry ff ;2 3--9, 0 POR.73 ���� v 4 L' G73,7-3 1/4 `�CCR 573.72 t7J.I1 ] 1`'J 1 " = 3.$pp c Pu Q f— r ti ✓ Cx : PAR.5 }— Cz J 1� o� 52 10 a.11 xt.Yt. r .:I SBE 146-33-37 7 3 40+s-z d = QM �� 7 3-SS'8 w S o5 13$s2T�3-)J° ,Zia, ;PAIC 10L0 h0 hCIL Sp 1 ,1 PFata/b Els.ai 7i 11 I7 �_I:• PAR.. 3 6 F1 717) ! 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PALM VALLEY COLONY LANDS 2 PN 68/25 PM. NO.13852 BAN, 1969 KEY. Sop 19 I RE:BMX BICYCLE RACE TRACK, CASE#CUP 5.0935 02/27/03 n c@i 4575 MESQUITE AVE. PALM SPRINGS, 92264 ✓`� THIS WILL BE ANOTHER TRAFFIC BURDEN ADDED TO THE NOW CHAOS THAT GOES EAST AND WEST ON MESQUITE AVE. WE HAVE BEEN TO FIVE OUT OF SEVEN MEETINGS(THAT WE KNOW OF)REGARDING TRAFFIC CONTROL ON MESQUITE WEST OF VELLA, WE WERE TOLD LAST SUMMER AT THE PLANNING COMMISSION MEETING THAT WORK WOULD START BY OCT/2002, TO CONTROL TRAFFIC ON MESQUITE WEST OF VELLA AS OF THIS DATE NOTHING HAS BEEN DONE. THE CONDITION OF THIS STREET IS ON PAR WITH A THIRD WORLD COUNTRY,WE PICK UP CHUNKS OF ASPHALT FROM THE STREET IN OUR FRONT YARD ALL THE TIME, PLEASE CORRECT THE EXISTING PROBLEM BEFORE YOU ADD TO IT. PATRICK DOANE 4356 MESQUITE AVE PALM SPRINGS, CA.92264 760-327-4163 y�J�� Page 2 of 4 January 22, 2003 Planning Commission Conformed Agenda 8. Case 5.0935—Application by the Palm Springs Police Activities League for a Conditional Use Permit for a BMX Bicycle Race Track to be located on a 9.12 acre site at 4575 Mesquite Avenue East, O-Zane, Section 19. M/S/C (Matthews/Grence 7-0) to approve subject to Conditions of Approval in Staff Report. 1 AFFIDAVIT OF MAILING �,4 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 parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 27th day of December 2002, 1 served the within (NOTICE OF PUBLIC HEARING) on PLANNING COMMISSION CASE NO. 5.0935 to consider a Conditional Use Permit 5.0935, an application by the Palm Springs Police Activities League for a BMX Bicycle Race Track located on a 9.12 acre site at 4575 Mesquite Avenue East, Zone 0, Section 19 , 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 October 7, 2002 and certified by the City's Planning Technician, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. Lo etta D. Moffett Dated at Palm Springs, California, this 271" day of December 2002. NOTICE OF PUBLIC HEARING PLANNING COMMISSION Conditional Use Permit 5.0935 BMX Bicycle Race Track 4575 Mesquite Avenue East NOTICE IS HEREBY GIVEN thatthe Planning Commission of the City of Palm Springs,California, will hold a public hearing at its meeting of January 22, 2003. The Planning Commission meeting begins at 1:30p.m. (Public Hearings begin at 2:OOp.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 a Conditional Use Permit 5.0935, an application by the Palm Springs Police Activities League for a BMX Bicycle Race Track located on a 9.12 acre site. The subject property is located at 4575 Mesquite Avenue East, Zone O, Section 19. An Environmental Assessment Initial Study has been prepared and will be reviewed by the Planning Commission at the meeting. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. At this meeting the Planning Commission is expected to make a recommendation that the City Council adopt the Mitigated Negative Declaration. Members of the public may view this document in the Department of Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Clerk at, or prior to, the City Council hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to,the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning & Zoning, (760) 323-8245. Douglas R. vans Director of Planning and Zoning VICINITY MAP 1,41 PALM SPRINGS AIRPORT RAMON ROAD � J 0 g W Qg cr U W fn Q W W J W 3 c� MESQUITE AVENUE 1151 DEMUTH PARK r r � �A�uir2 ��ReeK� CITY OF PALM SPRINGS CASE NO. CUP 5.0935 DESCRIPTION APPLICANT An application by the Palm Springs Police Activities League for a BMX Bicycle Race Track Palm Springs Police Activities League located on a 9.12 acre site. Zone O, Section 19 OF v�L.N S,p� h N City of Palm Springs �``° •••^'', Department of Planning &Zoning �LIFORN MEMORANDUM Date: December 26, 2002 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing on Planning Commission Case No. 5.0935 - BMX Bicycle Race Track This is to certify that the attached labels were created on October 7, 2002 using the most current information available. To the best of my knowledge, the labels are complete and accurate. Yoav Shernock, Planning Technician December 26, 2002 :Idm Public Hearing Notices Notification Information Case No. 5.0935 Applicant Name & Palm Springs Police Activities League Address: 2363 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Mr. George Palomares Project Location & Application by Palm Springs Police Activities League for a Description BMX Bicycle Race Track located on a 9.12 acre site at 4575 Mesquite Avenue East, Zone 0, Section 19 Assigned Planner: Gabriel Diaz Labels Prepared by: First American Title Co. and Yoav Shernock, Planning Technician for City of Palm Springs Certification to City Clerk Date: December 27, 2002 Property Owners/Groups/ Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors December 27, 2002 2 Property Owners Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) December 27, 2002 25 Indian Land Owners 0 Neighborhood Coalition December 27, 2002 8 Homeowners Association 0 ONIPP 0 TOTAL NUMBER MAILED: 35 PROPERTY OWNERS CERTIFICATION ;; .z•-, certify that on 2002 the attached property owners list was prepared by First American Title Co. pursuant to application requirements furnished by the Riverside County Planning Department. Said list is a complete and true compilation of the owners of the subject property and all other property owners within 400 feet of the property involved, based upon the latest equalized assessment rolls. If the project is a subdivision with identified off-site access/ improvements, said list includes a complete and true compilation of the names and mailing addresses of the owners of all the property that is adjacent to the proposed offsite improvement/ alignment. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or incomplete information may be grounds for rejection or denial of the application. First American Title Co. Customer Service 3625 Fourteenth Street. Riverside, CA 92502 Tel. (909) 787-1700 P.S. Police Activities League -BMX Bicycle Race Track-5.0935 P.C. Hearing 1-22-03 EXHIBIT A 1 of 2 pgs 680 020 027 680 020 028 680 020 036 City Of Nlin Springs C40Of Pald Springs City O Palm Springs PO Box 27f}3 PO ";F� PO Box02�Z Pahn SprJ'fig"sy CA 92263 Palm Sptings,CA 92263 Palm Sprhngs, CA 92263 680 020 038 680 020 039 680 020 052 Southern California Edison Co City 0 Palm Springs City 0 Palm Springs PO Box 800 PO Bo 43 PO Box V Rosemead,CA 91770 Palm S�' gs,CA 92263 Palm Sprliu s, CA 92263 680 020 055 680 02Q 070 680 151 025 City 04�a,hnvSprings City Of Palm rings Carolyn Maglione PO Box 27 3 PO Box 2�4kk3# 976 S Calle Paul Palm Springs, CA 92263 Palm Spring" ;CA 92263 Palm Springs, CA 92264 680 151 026 680 151 027 680 151 028 Zulema Cantu Gerda Stefanoff Sylvia Gaumana 980 S Calle Paul 998 S Calle Paul 4475 E Paseo Caroleta Palm Springs, CA 92264 Pahn Springs,CA 92264 Palm Springs,CA 92264 680 151 029 680 151 030 680 151 045 Eric&Joseph Sander Candace Knauf Patrick Doane&Donna Doane M Jemrie 4385 E Paseo Caroleta 4356 E Mesquite Ave 4425 E Paseo Caroleta Palm Springs,CA 92264 Pahn Springs, CA 92264 Palm Springs,CA 92264 680 151 046 680 151 047 680 151 048 Louis Fattoruso Ireneo &Wehna Domingo Richard Golay&Carlota Golay 4388 E Mesquite Ave 4400 E Mesquite Ave 4420 E Mesquite Ave Pahn Springs, CA 92264 Palm Springs,CA 92264 Palm Springs, CA 92264 680 151 049 680 152 010 680 160 030 Rene&��-[no,land�Florian Thomas Davies&Joseph Marvici Pahn Springs Disposal Services Pedro Castluieda 989 S Calle Paul PO Box 2711 *No Site Ad�ress* Pahn Springs, CA 92264 Palm Springs,CA 92263 Palm Springs,`CA 92264 a 680 160 032 680 160 033 680 160 040 Palm Springs Storage Partners Ltd Jack Haddad General Telephone Co Of Calif 4550 E Mesquite Ave#lA 2246 Betty Ln PO Box 152206 Palm Springs,CA 92264 Beverly Hills,CA 90210 Irving,TX 75015 680 570 002 680 570 003 680 570 004 Steven&Christine Blair Robert&Susan Stiff Patrick&Margaret Kelly PO Box 757 123 5 S Gene Autry Trl Kelly Bigfork,MT 59911 Palm Springs,CA 92264 2846 Wagon Train Lit Diamond Bar, CA 91765 680 570 005 680 570 006 680 570 007 Patrick&Margaret Kelly Joseph&Lucile Dennis III Joan Kasha 2846 Wagon Tram Ln 1237 S Gene Autry Tit 6282 Riviera Cir Diamond Bar,CA 91765 Palm Springs,CA 92264 Long Beach,CA 90815 P.S. Police Activities League - BMX Bicycle Race Track-5.0935 P.C. Hearing 1-22-03 EXHIBIT A 2 of 2 pgs 680 570 008 680 570 009 680 570 010 Randy&Darlene Ernst Bruce&Barbara Ashwill Wayne Summons 67886 Jane Ln 3181 Cameron Park Dr#105 1245 S Gene Autry Trl Cathedral City, CA 92234 Cameron Park, CA 95682 Palm Springs, CA 92264 APPLICANT/ SPONSORS Marvin Roos Mainiero, Smith & Associates 777 E. Tahquitz Canyon Way#301 Palm Springs, CA 92262 Police Activities League 2363 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: George Palomares Neighborhood Coalition List MS CHRISTINE HAMMOND MS JANE COWLES SMITH as of December 2002 1155 SOUTH CAMINO REAL 12000 RUSHMORE (discard all prior lists) PALM SPRINGS CA 92264 WHITEWATER CA 92282 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 CA92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 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 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO5,0935,SUBJECTTO THE CONDITIONS STATED, FOR APPROVAL OF A BMX (BICYCLE) RACE TRACK, LOCATED AT THE SOUTHEAST CORNER OF MESQUITE AVENUE EAST AND VELLA ROAD ADD,4575 MESQUITE AVENUE EAST, ZONE O, SECTION 19. WHEREAS, Palm Springs Police Activities League(the"Applicant")has filed an application with the City pursuant to Section 94.02.00 of the Zoning Code located at 4575 Mesquite Avenue East, Zone O, Section 19; and WHEREAS, the Applicant has filed a Conditional Use Permit application with the City and has paid the required filing fees; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Conditional Use Permit,was given in accordance with applicable law; and WHEREAS, on January 22, 2003, a public hearing on the application for Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, at its January 22, 2003 meeting, recommended approval of Conditional Use Permit 5.0935. WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Conditional Use Permit, was given in accordance with applicable law; and WHEREAS,on March 5,2003,a public hearing on the application for Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS,the proposed BMX race track,Conditional Use Permit No.5.0935,is considered a"project"pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Environmental Assessment/Initial Studyhas been prepared and will be reviewed bythe Planning Commission at the meeting. Pursuant to Section 21092.6(a) of the Public Resources Code, the California Environmental Quality Act (CEQA), a draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Environmental issues addressed in the Initial Study include air quality and noise; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project,including but not lim ited to the staff report, and all written and oral testimony presented. �_ THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that,the final Mitigated Negative Declaration for Conditional Use Permit No. 5.0935 has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses any significant environmental effects of the proposed project, 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 adverse environmental effects as a result of the approval of this project. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. Section2: Pursuantto Section 94.02.00 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 BMX(bicycle)race track is authorized bythe City's Zoning Ordinance under a Conditional Use Permit. The proposed Conditional Use Permit for a BMX race track is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to the existing uses specifically permitted in the zone in which the proposed use is to be located. The subject property is designated as Parks and Recreation (PR) on the City's General Plan Land Use Map and Open Space(0)Zone on the City's Zoning Map. The objective of the Parks and Recreation designation provides areas of scenic beauty, protect environmental resources, guard against environmental hazards, provide enhanced recreational opportunities and create an aesthetic character for the City. The proposed use fits within the broad range of uses allowed in the PR General Plan and O Zoning Ordinance categories. b. The BMX Racing Track will be used for family participation and is required to meet the requirements of American Bicycle Association(ABA)By Laws. The project will consists of a 600 square foot temporary office building, parking and a race track. The construction and operation of race track will occur in three phases. Phase one includes the building of race tract, a 600 square foot temporary office building, and a temporary gravel parking lot which will consists of a total of 77 parking stalls. Phase one proposed developmentwill generate a average clientele of43 peopleat any given time during the hours of operation along with a maximum employee shift of 1 person. Hours of operation for the BMX Bicycle Race Track will be from 6 p.m. through 8 p.m. on Monday, Tuesday, Friday and 7:30 a.m. through 12. p.m. on Saturdays. The second phase consists of an additional 192 parking stalls, and improvements to landscape parkway along Mesquite Avenue,and upgrading parking lotto comply with the Palm Springs Zoning Ordinanceforoff streetparking(Section 93.06.00). Phase three will consist of 70 additional parking stalls for a total of 339 parking stalls for entire project. C. The proposed BMX racetrack will gain vehicular access from Vella Road. Therewill be no vehicular access from Mesquite Avenue. d. 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 of the zone's property development standards. The project is consistent with good development practices and would be beneficial to development in the vicinity. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,the City Council hereby approves Conditional Use Permit No. 5.0935, subject to those conditions set forth in attached Exhibit A for CUP 5.0935 which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 5 day of March, 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: � 7 EXHIBIT A March 5, 2003 Palm Springs Activities League, BMX Bicycle Race Track 4575 Mesquite Avenue East CUP 5.0935 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Directorof Planning,the Chief of Police,the Fire Chief ortheir designee, depending on which department recommended the condition. Anyagreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney, 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code,oranyother City Codes,ordinances and resolutions which supplement the zoning district regulations. The approval granted herein is subject to all stated conditions of approval, project description and mitigation measures. In the event the project does not comply with the terms and conditions of this conditional use permit and City land lease, the City may modify,amend,oradd conditions of approval based upon reviewand afterholding a public hearing. 2. The ownershall defend, indemnify,and hold harmless the Cityof 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 Cityof Palm Springs,its legislative body,advisory agencies,oradministrative officers concerning Case 5.0935. The Cityof Palm Springs will promptly notifythe 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 notifythe applicant ofanysuch claim, action or proceeding orfails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, parking areas, landscape, irrigation, lighting,signs,walls,and fences between the curb and property line, �1v�1 including sidewalk or easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. PursuanttoSection94.02.00.1.4,thetimelimittocommenceconstructionisoneyearfrom the date of City Council approval. A time extension may be recommended by the Planning Commission and approval by the City Council upon written request by applicant and a showing of good cuase. 5. Conditional Use Permit approval shall be reviewed by the Planning Commission and City Council after 5 years of use, and that time a time extension may be granted upon good demonstration of good use. 6. a). The temporary office building shall have patio and trellis elements added to up grade the aesthetic appearance. A landscape plan shall also be submitted for approval for the area around the temporary office building. b). A permanent office building or otherapproved alternatives office structure shall be required in Phase II. Plans and specifications shall be submitted to the Planning Commission for approval. 7. Priorto approval of Phases II and III a public hearing before the Planning Commission will be required. The purpose of this hearing is to evaluate the project, neighborhood issues, and establish hours of operation and any needed operational requirements. Approval of Phases II and III will be final unless appealed to the City Council. 8. The Directorof Planning and Zoning may approve changes to the hours of operationforthe BMX Race Track. 9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval bythe Departmentof Planning and Building priorto issuance ofa building permit. Landscape plans shall be approved bythe Riverside County Agricultural Commissioner's Office prior to submittal. 10. 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. 11. 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. 12. Smoketrees shall not be relocated, removed, or replaced and shall be maintained for the life of the project unless removal is authorized in writing by the Director of Planning and Zoning. 13. 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. 14. Separate architectural approval and permits shall be required for all signs. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The design,height,texture and colorof building(s),fences and walls shall be submitted for review and approval prior to issuance of building permits. 17. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards,shall be submitted for reviewand approval bythe Directorof Planning &Zoning prior to the issuance of building permits. 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 forall parking areas, driveways and entries. 18. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 19. No sirens, outside paging or any type of signalization will be permitted, except public address system approved by the Department of Planning and Zoning. 20. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 21. 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. 22. Handicapped spaces shall be appropriately marked per Section 93.06.00C 10. 23. 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. 24. The BMX race track shall operate in accordance with the lease on file in the City Clerks office. 25. Post and cables or another method approved bythe Director of Planning and Zoning shall be used for the preventing vehicles from driving on ungraveled portions of site. Post and cables shall also be used for preventing vehicles from accessing the race track area. 26. Keep existing fence maintained and locked during the time thatthe BMX race track is not in operation. 27. The parkway along Mesquite Avenue and Vella Road shall be fully landscaped as part of the Phase II expansion. 28. Where parking areas front, side or rearon a street, there shall be a landscaped boarder of not less than ten (10)feet in depth, adjacent to the property line, and a decorative solid masonry wall and/or landscaped berm at least four (4) feet in height plus adequate landscaping shall be erected between the property line and the paved parking area. This condition shall be complied with as part of phase two. 29. All parking areas shall be fully improved in accordance with Section 93.06.00of the Zoning Code as part of phase two and subsequent phase three. POLICE DEPARTMENT: 30. Developershall complywith Section II ofChapter8.04 ofthe Palm Springs Municipal Code, BUILDING DEPARTMENT: 31. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 32. The Fire Department will provide comment on the project during plan check process. ENGINEERING: The Engineering Division recommendsthat if this application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. VELLA ROAD 1. Construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. GRADING 2. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be prepared by a Registered Professional and submitted tothe Engineering Department for review and approval.Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Department. A PM10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. 1`2 Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No.760 346-7491)to the City Engineer prior to issuance of the grading permit. 3. Developershall obtain a General Construction Activity Storm Water Permitfrom the State Water Resources Control Board(Phone No.(760)-346-7491)and provide a copyof same, when executed, to the City Engineer prior to issuance of the grading permit. 4. The area in which this project is situated is indicative of desert soil conditions found in manyareas of Palm Springs.The Engineering Departmentdoes not require a soils report. This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 5. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 6. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants forgrading permits involving an engineered grading plan and the exportof native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved"Notification of IntentTo Move Soil From or Within Quarantined Areas of Orange, Riverside,and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 7. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. ON-SITE 8. Subject to the Planning Commission's approval of modified temporary parking improvements of a standard parking lot design as required by Section 93.06.00 of the Zoning Code, if waived,the parking lot shall be constructed to satisfythe Coachella Valley PM-10 State Implementation Plan regulations. All parking areas and travelways shall be treated with a permanent soil stabilizer after completion of grading, and a minimum thickness of 2 inches of clean, washed gravel placed and compacted onto the stabilized subgrade. Tv'i - 9. The race track operators shall be responsible for monitoring PM-10 dust control of the parking lot areas, and for satisfying all PM-10 dust control regulations. In the event of non- attainment of PM-10 dust control, the City will have the right to suspend operations until such time as adequate measures to provide required PM-10 dust control are taken. TRAFFIC 10. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits. ALL CITY DEPARTMENTS: 1. Upon review of Phase II and Phase III additional recommendations will be forthcoming. Recommendations regarding sidewalks, bikeways, operations and other on and off-site conditions will be made. VC9 -