Agenda packet — Palm Springs City Council, March 9, 2023 (part 2 of 4)

Item 1H - Page 16
~--' , Jll(.NTY OF' RIVERSIDE
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs

14. Human Trafficking
The Applicant will comply with the requirements of Section l06(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: ( l) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learn ing (IHE), hospitals and other non-profit organizations.

16. Worker ' s Compensation
The Applicant must comp ly with provisions which require every emp loyer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federa lly-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section l 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
2022 EMPG Standard Assurances Page 8 of 15 Initials -fl-- couvryaemvns,æ
FY 22 Standard Assurances
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(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. 5 470), Executive Order 1 1593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.

S469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. S 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitaticn of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the s•te and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use o: a wireless telephone without hands-free listening and talking, unless to make an emergency call to 91 1, law enforcement, or similar services.
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U .S.C. §469a- l et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitaticn of residence structures.

18. Certificat ion s Applicable Only to Federa lly-Funded Construct ion Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the s·te and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will i'lclude a covenant in the title of real property acquired in whole or in part with federal assistance fund s to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting , review and approval of construction plans and speci fication s; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the comp lete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency orState.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. S 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
PROGRAM SPECIFIC ASSURANCES [CERTIFICATIONS

21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 2022 EMPG Standard Assurances Page 10 of 15 Initials
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs

20. California Public Records Act and Freedom oflnformation Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT CEMPG)

PROGRAM SPECIFIC ASSURANCES /CERTIFICATIONS

21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the OHS Financial Assistance Office and the OHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a findin g of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or famil ial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the OHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding fromDHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 2022 EMPG Standard Assurances Page 10 of 15 lnitials fjf/.-- cau,vrraemvnsmz
EMDEmcweacy
FY 22 Standard Assurances
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23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is lin ked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. SS 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. S 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-1 29. 2022 EMPG Standard Assurances Page 11 of 15 Initials
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs

23. Activities Cond ucted Abroad
All recipient s must ensure that project activities carried on outside the United States are coord inated as necessary wii h appropr iate government authorities and that appropriate licenses, permits, or approva ls are obtained.

24. Best Practices for Collection and Use of Perso nally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that perm its the identity of an indi vidual to be directly or indirectly inferred, includ ing any informationthatislinkedorlinkabletothatindividual.Allrecipientswho collectPII are required to have a publically-avai lable privacy policy that descr ibes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privccy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recip ients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

26. Duplication of Benefits
Any cost allocab le to a particu lar federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federa l statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these proh ibitions wou ld not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulati ons, or the federal financial assistance award term s and condit ions.

27. Energy Policy andConservation Act
All recipients must comp ly with the requ irements of 42 U.S.C. § 6201 which con tain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal DebtStatus
All recipients are required to be non-delinquent in their repayment of any fede ral debt. Examples of relevant debt inc lude delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129. 2022 EMPG Standard Assurances Page 11 of 15 Initials -1-- cowry aemvns,'DE
FY 22 Standard Assurances
For All Cal OES Federal Grant Programs

29. Fly America Act ofl 974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. S 41 102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.

S 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. S 2225a.

31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. S 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs

29. Fly America Act ofl 974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U .S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, conven tion, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.

31. Non-supplantingRequirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non federal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting , and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that prov ide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperab le communications.
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FY 22 Standard Assurances
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34. TerroristFinancing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

35. Reporting of Matters Related to RecipientIntegrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. USA Patriot Act of2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 55 175—175c.

37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
(a) Failure to submit required reports.
(b) Failure to expend awarded funding.
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs

34. TerroristFinancing
All recipients must comply with Executive Order 13224 and U.S. law that prohibi t transactions with, and the provisions of resources and suppor t to, indiv idua ls and organizations associated with terrorism. Recipien ts are lega lly responsible to ensure comp liance with the Order and laws.

35. Reporting ofMatters Related to Recipient Integrity and Performance If the total value of the rec ipient's currently active grants , cooperative agreements, and procuremen t contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requ irements set forth in the government-w ide Award Term and Condition for Recipient Integr ity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorpora ted here by reference in the award terms and cond itions.

36. USA Patriot Act of2001
All recip ients must comp ly with requirements of the Uniting and Strengthening America by Providing Appropr iate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

37. Use of OHS Seal , Logo , and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency offic ials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officia ls.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecip ient may be ineligible for award of any future grants if RivCo OA or the Cal OES determi nes tha t any of the following has occurred: ( l) the recipient has made false certification , or (2) violates the certification by failing to carry out the requirements as noted above.

RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part , or other measures may be imposed for any of the following reasons:
(a) Failure to submi t requ ired reports .
(b) Failure to expend awarded funding.
2022 EMPG Standard Assurances Pag e 13 of 15 Initials _,__ (c)
(d)
(e)
(f)
(g)
(h)
FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances (at least every 6 months).

Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.

Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.

Failure to follow grant agreement requirements or special conditions.

False certification in the application or document.

Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

39. Special Conditions
(a) Agency agrees to expend 100% of award.
(b) The scop of the project, D- Riverside COOP, shall not be modified once this agreement is signed. (c) Project to be completed by the end of 3/31/2023, which includes full payment to vendor. (d) All required documentation for reimbursement to be submitted no later than 4/10/2023. (e) Monthly progress reporting is required.

Failure to meet to meet the Special Conditions listed above will result in loss of funding.
2022 EMPG Standard Assurances Page 14 of 15 Initials
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~-' , jJ/1/.NTY OF RIVERSIDE
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FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(c) Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances (at least every 6 months). (d) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
(e) Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
(f) Failure to follow grant agreement requirements or special conditions. (g) False certification in the application or document. (h) Failure to adequately manage, monitor or direct the grant funding activities of their City/ Agency.

39. Special Conditions
(a) Agency agrees to expend 100% of award.
(b) The scop of the project, D- Riverside COOP , shall not be modified once this agreement is signed. (c) Project to be completed by the end of 3/31/2023 , which includes full payment to vendor. (d) All required documentation for reimbursement to be submitted no later than 4/10/2023. (e) Monthly progress reporting is required.

Failure to meet to meet the Special Conditions listed above will result in loss of funding.
2022 EMPG Standard Assurances Page 14 of 15 Initials~
cowry
FY 22 Standard Assurances
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCo EMD and/or Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCO EMD or the Cal OES determines that any of the following has occurred: (l) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 201 8, Version 8.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

OF 24 c m
SSubrecipient:

Signature ofAuthorized Agent:

Printed Name of Authorized Agent:

Title:
2022 EMPG Standard Assurances
Date:

Page 15 of 15 ends

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Item 1H - Page 23
FY22 Standard Assurances
For All Cal OES Federal Grant Programs

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance , including any and all federal and state grants , loans , reimbursement, contracts, etc.

The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance . This assurance is binding on the Applicant, its successors, transferees , assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCo EMO and/or Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCO EMO or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certifi cation, or (2) violates the certificati on by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Condition s 2018, Version 8.1 , hereby incorporated by reference , which can be found at:
https://www.dhs.gov/publication/fy 15-dhs-standard -terms-and- conditions.

The undersigned represents tha t he/she is a uthori zed to enter into this agre ement for and on behal f of the Applic ant.

Subrecipient:. _ _ C_t_,_'f __ o_F _ _ ~_'4_'-_/J1 __ ...S_A_~_/_✓J_t:,=· -s_· _____ ___ __ _ Signature of Authorized Agent: - ~-'~~"--,,L~~"------------------ Printed Name of Authorized Agent: __ :.J_.A_~_o_.J __ L_t'J_ '/_,_4 _________ _ Title: F, R.e C..tl IGrr Date: - J-· ___.-t7.c.....c.._-d.~ 3.._ ___ _ 2022 EMPG Standard Assurances Page 15 of 15 Initials -Ii--

ATTACHMENT B

Item 1H - Page 24
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING AND

AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE

APPLICATIONS AND DOCUMENTS FOR THE PURPOSES

OF OBTAINING FEDERAL FINANCIAL ASSISTANCE

PROVIDED BY T HE FEDERAL DEPARTMENT OF

HOMELAND SECURITY AND SUB -GRANTED THROUGH

THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE

WHEREAS, the California Governor’s Office of Emergency Services requires that the Palm Springs City Council obtain a resolution in order to be eligible to apply for and receive federal financial assistance provided by the F ederal Department of H omeland Security and sub- granted through the State of California and the County of Riverside Emergency Management Department; and

WHEREAS, the City of Palm Springs desires to continue to accept the Emergency Management Performance Grant (EMPG) for grant years 2022 and

WHEREAS, on March 9, 2023, the City Council of the City of Palm Springs authorized the City Manager to execute said applications and documents.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

T hat the foregoing r ecitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Palm Springs, a local g overnment established under the laws of the State of California, applications and other related documents, including agreements amendments, extensio ns, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub- granted through the State of California and the County of Riverside Emergency Management Department.

SECTION 3. That this authorization shall be in effect for t he duration of the FY 2022 grant periods of the EMPG, July 1, 2022 through December 31, 2023.

Item 1H - Page 25
Resolution No. ____

Page 2 ends

ADOPTED THIS ____ DAY OF ____ 2023.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , C ity Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 9, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official s eal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC, CERA

PALM SPRINGS CITY CLERK
Item 1H - Page 26

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT)

HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF ASSISTING COMMUNITY

PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE SUNNYVIEW VILLAS AT 2900-2950 NORTH INDIAN CANYON DRIVE
RECOMMENDATION:

Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).

1. Adopt a Resolution entitled, “RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY

HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF FINANCING OR

REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT, AND

EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS
RELATING THERETO."

2. Authorize the Interim City Manager to execute all necessary documents.3.

Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 PUBLIC HEARING

SUBJECT: CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY

ACT) HEARING FOR THE PROPOSED ISSUANCE OF REVENUE

BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
(CMFA) IN AN AMOUNT NOT TO EXCEED $2 0,000,000 FOR THE

PURPOSE OF ASSISTING COMMUNITY PRESERVATION PARTNERS
LLC ACQUIRE AND REHABILITATE SUNNYVIEW VILLAS AT 2900-
2950 NORTH INDIAN CANYON DRIVE

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

These actions will conduct the required TEFRA Public Hearing in conjunction with the proposed issuance by the California Municipal Finance Authority (CMFA), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $20,000,000 (the “Bonds”), to assist in the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 2900- 2950 North Indian Canyon Drive, Palm Springs, California (the "Project"). A new regulatory agreement will be recorded on the property to maintain affordability at the project for 55 years.

RECOMMENDATION:

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).

2. Adopt Resolution No. ____, a “RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY

HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF FINANCING OR

REFINANCING THE ACQUISITION, REHABILITATION, IMP ROVEMENT AND

EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS
RELATING THERETO” (Attachment A).

3. Authorize the Interim City Manager to execute all necessary documents.

Item 2A - Page 1
City Council Staff Report
March 9, 2023 -- Page 2
Sunnyview Villas TEFRA Hearing

BACKGROUND:

The Sunnyview Villas Apartments is a 43- unit apartment complex located at 2900- 2950 North Indian Canyon Drive ( Attachment B) and has historically been a complex for Section 8 vouchers. New 55- year affordability restrictions will be placed on the property which will expire 55 years after the rehabilitation of the property is finished (approximately May 2023). The unit mix is as follows:

Unit Type Number of Units Average Square
Feet
% of Area Median
Income
2 bedrooms 5 856 50%
3 bedrooms 4 1043 60%
2 bedrooms 5 856 30%
2 bedrooms 29 856 60%

Under the Sunnyview Villas proposal, there will also be one manager unit, for a total of 44 units.

STAFF ANALYSIS:

The City has received a request from CMFA to conduct a public hearing as required by the Internal Revenue Code in order to issue up to $20 million of tax -exempt revenue bonds on behalf of Sunnyview Villas Community Partners LP. The proceeds of the Bonds will be used for the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 2900- 2950 North Indian Canyon Drive, Palm Springs, California. Tax-exempt bond financing is a tool that provides government and private entities access to low -cost financing for projects that provide a tangible public benefit, contribute to social and economic growth, and improve the overall quality of life in a community. In this case, the CMFA will be the issuer of the debt.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Palm Springs must conduct a public hearing (the “TEFRA Hearing”) providing members of the community an opportunity to speak in favor of or against the use of tax -exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California Item 2A - Page 2
City Council Staff Report
March 9, 2023 -- Page 3
Sunnyview Villas TEFRA Hearing

but are to be paid for solely from funds provided by the Borrower.

Proposed Rehabilitation:

Sunnyview Villas is planning to use the bond proceeds to purchase the Property and rehabilitate the units. Property acquisition will cost approximately $11.4 million ; rehabilitation work will cost approximately $3.4 million. The work will include improving the Property’s overall energy efficiency and bringing it into compliance with current California building codes. Other exterior improvements include:

• Replacement of windows
• Replacement of roofs
• Outside lighting
• New fire extinguishers throughout
• New unit & monument signage
• New energy efficient exterior site lighting
• Upgrades to ADA paths of travel, as required by the City • Additional community amenities such as BBQs, a computer lab, a gym, resident services, and energy saving measures are also contemplated.

Interior improvements include:
• New cabinets, countertops, flooring, painting, appliances, plumbing & e lectrical fixtures, sinks, faucets, & tubs
• WaterSense certified low-flow toilets
• WaterSense certified efficient shower heads
• WaterSense certified bathroom & kitchen sinks w/ aerators • New energy efficient air conditioning units

California Municipal Finance Authority (CMFA):

The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Palm Springs, have become members of CMFA.

The CMFA was formed to assist local governments, non- profit organizations , and businesses with the issuance of taxable and tax -exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a Item 2A - Page 3
City Council Staff Report
March 9, 2023 -- Page 4
Sunnyview Villas TEFRA Hearing

portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Palm Springs, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ENVIRONMENTAL ASSESSMENT
:

Section 15061 (b)(3) of the California Environmental Quality Act ("CEQA") Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA. The requested action requests the City Council approve the issuance of bonds, which itself will not result in any new direct physical impacts to the environment. Therefore, the requested action is considered exempt from CEQA.

FISCAL IMPACT
:

There will be no fiscal impact to the City as a result of the proposed actions.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. R esolution
B. V icinity Map
Item 2A - Page 4

ATTACHMENT A
Item 2A - Page 5
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS

IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $20,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION,

REHABILITATION, IMPROVEMENT AND EQUIPPING OF

SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS
RELATING THERETO.

WHEREAS, Sunnyview Villa Community Partners, LP, (the "Borrower") a partnership of which Community Preservation Partners, LLC (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $20,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 2900-2950 North Indian Canyon Drive, Palm Springs, California (the "Project"); and

WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Palm Springs (the "City") because the Project is located within the territorial limits of the City; and

WHEREAS, the City Council of the City of Palm Springs (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and

WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and

WHEREAS, pursuant t o Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Item 2A - Page 6
Resolution No. _____

Page 2 ends

SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 3.

The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party.

The City shall have no responsibility or liability whatsoever with respect to the Bonds.

SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acqui re or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 6. This resolution shall take effect immediately upon its adoption.

ADOPTED THIS 9 TH DAY OF MARCH, 2023

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 2A - Page 7
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, City Clerk
City of Palm Springs, California

Item 2A - Page 8

ATTACHMENT B

VICINITY MAP

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CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC,

FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’) TO C-1 (‘RETAIL BUSINESS’) FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A
5,411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10 (CASE 5.1541 CZ)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Close the public hearing, introduce and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY
RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.”

2. Attachments
Item 2B

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 PUBLIC HEARING

SUBJECT: A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS,

LLC, FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO

AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD
(‘CENTRAL BUSINESS DISTRICT ’) AND R -2 ( ‘LIMITED MULTIPLE - FAMILY RESIDENTIAL ’) TO C -1 ( ‘RETAIL BUSINESS’) FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24
RESIDENTIAL CONDOMINIUM UNITS AND A 5,411 -SQUARE-FOOT
COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS
LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R- 2,
SECTION 10 (CASE 5.1541 CZ)

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Planning Services

SUMMARY:

The purpose of this hearing is to consider a Change of Zone application for a proposed mixed-use project, which includes 24 residential condominium units and a 5,411-square- foot commercial space, on 2.4 acres of undeveloped parcels located at the northwest corner of North Palm Canyon Drive and West Chino Drive. The application proposes to amend the current zone designations of the project site from ‘Central Business District’ (CBD) and ‘Limited Multiple -Family Residential’ (R-2) to ‘Retail Business’ (C -1) entirely.

At its February 8, 2023 meeting, the Planning Commission voted unanimously to recommend approval of the application to the City Council, subject to conditions of approval. An excerpt from the February 8, 2023 Planning Commission meeting is attached to this staff report (Attachment H).

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing, introduce and waive further reading of Ordinance No. _____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.15 41 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ Item 2B - Page 1
City Council Staff Report
March 9, 2023 -- Page 2
Case 5.1541 CZ – 575 North Palm Canyon Drive (“RIOS”)

(R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A

5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4 -ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.”

BUSINESS PRINCIPAL DISCLOSURE:

The project site is owned by Old Las Palmas Partners, LLC. The entity consists of four limited partners named Mark Attanasio, Peter Mahler, Brian Adamson, and Mark Rios.

The breakdown of the ownership is as follows: Mark Attanasio (50%), Peter Mahler (20%), Brian Adamson (17.5%), and Mark Rios (12.5%). A Public Integrity Disclosure Form is attached to this report (Attachment F).

BACKGROUND:

The applicant is seeking Change of Zone approval for a proposed mixed- use project which includes 24 residential condominium units and a 5,411- square-foot commercial space on 2.4-acre undeveloped parcels.

In conjunction with this application, the applicant filed Major Development Permit (Case

3.4191 MAJ/DEV), Tentative Tract Map (Case TTM 38190), and Variance (Case 6.560 VAR) applications with the Department of Planning Services. The proposed project was initially reviewed by the Planning Commission on December 14, 2022, at which time the Commission voted for the continuation of the project and formed a subcommittee to assist the applicant to address comments and concerns raised by the Commission . The December 14, 2022 Planning Commission staff report and an excerpt from the draft meeting minutes are attached to this staff report ( Attachments J & K ). On February 8, 2023, the Planning Commission considered the revised project and voted unanimously to approve the Major Development Permit, Tentative Tract Map, and Variance applications, and recommended approval of the Change of Zone application to the City Council subject to conditions in accordance with Palm Springs Zoning Code Section

94.07.00(B)(7)(a). The February 8, 2023 Planning Commission staff memorandum and an excerpt from the draft meeting minutes are attached to this staff report (Attachments H & I).

STAFF ANALYSIS:

Palm Springs Zoning Code (PSZC) Section 94.07.00(A) requires that specific findings be made in order to justify the approval of a Change of Zone application. In summary, the Planning Commission made the following findings in recommending the approval of the application to the City Council:

Item 2B - Page 2
City Council Staff Report
March 9, 2023 -- Page 3
Case 5.1541 CZ – 575 North Palm Canyon Drive (“RIOS”)

Change of Zone:

The proposed project is consistent with the intent of the General Plan and the zoning regulations. The proposed mixed- use is consistent with the intent of the CBD General Plan land use designation area which encourages a mix of commercial and residential uses (Palm Springs 2007 General Plan, page 2-7), and mixed-use projects are permitted by right in the C -1 Zone as prescribed in Palm Springs Zoning Code Section

92.12.01(A)(35). The 2.4- acre project site is suitable for the proposed project, and the proposed mixed-use is compatible with the site’s surroundings which include a mix of commercial and residential uses. The approval of the Change of Zone will allow future development and land uses at the site to be governed under the regulations of one zone entirely, which allows more seamless and consistent development throughout the site , while also establishing zoning that is compatible with and supportive of the Downtown area.

More detailed Council findings required by Code to approve a Change of Zone and which are consistent with the Planning Commission’s recommendation are included in the attached Ordinance.

ENVIRONMENTAL ASSESSMENT
:

This project is considered a project under the definitions of the California Environmental Quality Act (CEQA). The City has evaluated the project under CEQA Guidelines, and a Mitigated Negative Declaration (MND) has been prepared and circulated for a 20- day public comment period. The comments received during the comment period are attached to this report (Attachment M). Staff has reviewed the comments and determined that the initial study was adequate and that the recirculation of the environmental analysis was not necessary. Staff has also determined that the analysis is a complete description of the project and its potential adverse impacts. The implementation of the Mitigation Monitoring and Reporting Program (MMRP) included in Attachment O of this staff report is expected to reduce any potentially significant impacts to less than significant levels.

FISCAL IMPACT
:

None.

Item 2B - Page 3
City Council Staff Report
March 9, 2023 -- Page 4
Case 5.1541 CZ – 575 North Palm Canyon Drive (“RIOS”)

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Vicinity Map
B. Aerial Map
C. General Plan/Zoning Maps
D. Draft Ordinance & Exhibit A
E. Justification Letter
F. Public Integrity Disclosure Form
G. Resolution No. 6939 (Planning Commission)
H. February 8, 2023 Planning Commission Meeting Excerpt of Minutes I. February 8, 2023 Planning Commission Staff Memorandum (excludes attachments)
J. December 14, 2022 Planning Commission Meeting Excerpt of Minutes K. December 14, 2022 Planning Commission Staff Report (excludes attachments) L. CEQA Initial Study/MND
M. CEQA Public Comments
N. CEQA Response to Comment Letters
O. Mitigation Monitoring and Reporting Program (MMRP)
P. Traffic Scoping Letter
Q. Plans & Exhibits (Approved by the Planning Commission)

Item 2B - Page 4

ATTACHMENT A
Item 2B - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Case No. 5.1541 CZ
575 North Palm Canyon Drive (APNs: 505-322-002 through 505-322-004) 575 North Palm Canyon (“RIOS”)
Item 2B - Page 6
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ATTACHMENT B
Item 2B - Page 7
Item 2B - Page 8
(NORTH)
Riverside
County
Flood
Control
Parcel
(WEST)
Single-Family
Residences
(SOUTH)
Commercial

ATTACHMENT C
Item 2B - Page 9
General Plan Map

Zoning Map

R-2 CBD
CBD
West Chino Drive
West Chino Drive
N. Palm Canyon Dr.

N. Palm Canyon Dr.

N. Belardo Road
N. Belardo Road
Item 2B - Page 10

ATTACHMENT D
Item 2B - Page 11
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541

CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT
ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS
DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE -FAMILY
RESIDENTIAL’ (R -2) TO ‘RETAIL BUSINESS’ (C -1)

ENTIRELY FOR A PROPOSED MIXED -USE PROJECT
WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM
UNITS AND A 5.411 -SQUARE-FOOT COMMERCIAL
SPACE ON 2.4 -ACRE UNDEVELOPED PARCELS
LOCATED AT 575 NORTH PALM CANYO N DRIVE, ZONE
CBD/R-2, SECTION 10.

City Attorney’s Summary
This ordinance amends the split-zone designations of certain property located at 575 North Palm Canyon Drive from
’Central Business District’ (CBD) and ‘Limited Multiple Family Residential’ (R-2) entirely to ‘Retail Business’ (C-1) in order to permit the development of twenty -four (24) residential condominium units and a 5,411 square foot commercial space on 2.4-acre undeveloped parcels. The ordinance also makes certain findings required by the Palm Springs Municipal Code for zoning changes to land.

WHEREAS, Old Las Palmas Partners, LLC, (the “Applicant”) has filed Case 5.1541 CZ, Change of Zone (CZ), Case TTM 38190, Tentative Tract Map (TTM), Case 6.560 VAR, Variance, and Case 3.4191 MAJ/DEV, Major Development Permit, applications in accordance with Sections 94.07.00 (Change of Zone), 9.60 (Subdivision of Land – General Provision), 94.06.00 (Variance), and 94.04.01 (Development Permit) of the Plan Springs Zoning and Municipal Codes for a proposed mixed-use project which includes 24 residential condominium units and a 5,411- square-foot commercial space on 2.4- acre undeveloped parcels located at 575 North Palm Canyon Drive; and

WHEREAS, the current zone designations of the project site are ‘Central Business District’ (CBD) and ‘Limited Multiple-Family Residential’ (R-2); and

WHEREAS, the applicant has requested a Change of Zone (CZ) from the current ‘Central Business District’ (CBD) and ‘Limited Multiple-Family Residential’ (R-2) to ‘Retail Business’ (C-1) entirely; and

WHEREAS, on December 14, 2022, a public hearing on Case 5.1541 CZ, Case TTM 38190, and Case 6.560 VAR was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 5-1-1 ( Moruzzi absent, Roberts abstained) to continue the project to a date uncertain and form a subcommittee which Item 2B - Page 12
Ordinance No. _____

Page 2 ends

consisted of Commissioners Miller, Hirschbein, and Aylaian to assist the applicant. Case

3.4191 MAJ/DEV was not subject to a public hearing; and

WHEREAS, on February 8, 2023, a public hearing on Case 5.1541 CZ, Case TTM 38190, and Case 6.560 VAR was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 6-1 ( Roberts absent) to approve Case Nos. TTM 38190, 6.560 VAR, and 3.4191 MAJ/DEV subject to conditions of approval and to recommend approval of Case 5.1541 CZ to the City Council; and

WHEREAS, the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and

WHEREAS, on March 9, 2023, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the IS/MND prepared for the project and all written and oral testimony presented, and found the IS/MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less than significant levels; and

WHEREAS, at the conclusion of the March 9, 2023 public hearing, the City Council introduced and waived further reading of this Ordinance adopting the final MND and to change the current zoning designation of the subject property from ’Central Business District’ (CBD) and ‘Limited Multiple Family Residential’ (R-2) entirely to ‘Retail Business’ (C-1).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1
. That the recitals reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2
. Pu rsuant to Zoning Code Section 94.07.00(A) – “ the council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property”:

1. The proposed change of zone is in conformity with the general plan map and report.

The General Plan land use designation of the site is CBD (Central Business District). The project proposes to change the site’s current split zone designations Item 2B - Page 13
Ordinance No. _____

Page 3 ends

of CBD (Central Business District) and R- 2 (Limited Multiple -Family Residential) to C-1 (Retail Business) entirely. Mixed-use developments are permitted by right in the C-1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), and it is consistent with the intent of the CBD General Plan land use designation area which encourages a mix of commercial and residential uses (Palm Springs 2007 General Plan, page 2- 7). The proposed project meets the General Plan density requirement of the CBD land use designation area as well.

Mixed-use developments are permitted by right in the C-1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), and the C -1 Zone allows a variety of retail uses by right as demonstrated in PSZC Section 92.12.01(A). The 2.4-acre project site area far exceeds the minimum lot size requirement of the C -1 Zone.

The proposed residential and commercial uses are compatible with the site’s surrounding uses, which include single/multi -family residential and commercial/professional.

3. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.

The site’s zone designation is currently split (CBD & R-2 Zones). The approval of the Change of Zone will allow future development and land uses at the site to be governed under the regulations of one zone entirely, which allows more seamless and consistent development throughout the site. A majority of the properties on both sides of North Palm Canyon Drive between Alejo Road and East Vista Chino are zoned C-1, and only five parcels on the west side of North Palm Canyon Drive are zoned CBD in the section. The approval of the Change of Zone will result in the extension of the C -1 Zone designation along North Palm Canyon Drive, and the proposed uses are compatible with the site’s surroundings.

SECTION 3. Pursuant to California Law, this Ordinance was introduced at first reading on March 9, 2023 and adopted at second reading on _____, 2023 for the approval of Case 5.1541 CZ Change of Zone and the Mitigated Negative Declaration.

SECTION 4.

The City Council hereby adopts this Ordinance to amend the current zone designations of the project site, 575 North Palm Canyon Drive, from ‘Central Business District’ (CBD) and Limited Multiple-Family Residential (R-2) to ‘Retail Business’ (C-1) entirely, subject to conditions of approval as outlined in attached Exhibit “A”.

SECTION 5. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s CEQA Guidelines.

The City Council finds that, with the incorporation of mitigation measures, the Item 2B - Page 14
Ordinance No. _____

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implementation of the project will have a less than significant impact on the environment.

The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council‘s independent judgment and analysis.

SECTION 4.

The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____TH DAY OF ________, 2023.

Grace Garner
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 2B - Page 15
Ordinance No. _____

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on March 9, 2023 and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 2B - Page 16
1 ORDINANCE NO. ___________

EXHIBIT A

Case 5.1541CZ
Old Las Palmas Partners, LLC
575 North Palm Canyon Drive

March 9, 2023

CONDITIONS OF APPROVAL

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, Planning Services Director, Building Official, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS

ADM 1. Project Description
. This approval is for the project described per Case Nos.

5.1541 CZ; except as modified with the approved Mi tigation Monitoring Program and the conditions below.

ADM 2. Conform to all Codes and Regulations . The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other Ci ty County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 3. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, offi cers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case Nos. 5.1541 CZ . The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of P alm Springs.

Notwithstanding the foregoing, the City retains the right to settle or abandon Item 2B - Page 17

2 the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 4. Maintenance and Repair . The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks , parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free from waste and debris, and in accordance with all applic able 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.

ADM 5. Right to Appeal . Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00.

ADM 6. Public Art Fees . This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in- lieu fee. In the case of the in- lieu fee, the fee shall be based upon the total building permit valuation, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single -family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

ADM 7. Park Development Fees . The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in -lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. The developer shall provide the most current appraisal prepared by a licensed or qualified appraiser to the Department of Building & Safety prior to the issuance of a building permit. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, co urt areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).

Item 2B - Page 18

3 CC&R’s

ADM 1. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shal l not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances.

ADM 2. At the time of filing of the CC&R’s, the applicant shall submit to the City of Palm Springs, a deposit in the amount of $ 809 plus $4,285 (Deposit) , for the review of the CC&R's by the City Attorney. An additional filing fee shall also be paid to the City Planning Department for administrative review purposes.

RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT:

RCFC 1. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, Tachevah Creek-Detention Dam (storm drain outlet). If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information, contact the District's Encroachment Permit Section at 951.955.1266.

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE:

CDFW-1. ENVIRONMENTAL DATA
. CEQA requires that information developed in
environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, report any special -status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plantsand-Animals.

CDFW-2. ENVIRONMENTAL DOCUMENT FILING FEES . The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal.Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) Item 2B - Page 19

4 ENVIRONMENTAL ASSESSMENT CONDITIONS

ENV 1. The applicant shall pay the THCP (Tribal Habitat Conservation Plan) Valley Floor Planning Area Fee as required by the THCP.

ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination.

Action on this application shall not be final until such fee is paid. The project may be eligi ble for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at
www.dfg.ca.gov for more information.

ENV 3. Mitigation Monitoring . The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agre ement that the mitigation measures outlined as part of the Mitigated Negative Declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment.

ENV 4. Cultural Resource Site Monitoring . There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities.
a). A Native American Monitor(s) shall be present during all ground disturbing activities inclu ding clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt des tructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

Item 2B - Page 20

5 BIOLOGICAL RESOURCES

BIO-1. Nesting bird surveys shall be performed by a qualified avian biologist no more than (3) days prior to vegetation removal or ground- disturbing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the preconstr uction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground.

Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer m ay be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results.

Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qual ified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

BIO-2. Prior to construction and issuance of any grading permit, the City of Palm Springs shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee.

BIO-3. Pre-construction burrowing owl surveys shall be conducted no less than 14 days pr ior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). Pre construction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the pre-construction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and USFWS to conduct an impact assessment to develop avoidance and minimization measures to be approved by CDFW prior to commencing Project activities.

CULTURAL RESOURCES

CUL-1. If buried cultural materials are discovered during the earth- moving operations, all work in that area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment plan in consultation with the City of Palm Springs and the appropriate Native American tribes.

Item 2B - Page 21
-

6 CUL-2. In the unexpected event human remains are uncovered during construction activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps t o ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) who would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains.

TRIBAL CULTURAL RESOURCES

TBL-1. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699- 6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. The applicant shall coordinate scheduling of Agua Caliente Tribal cultural monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

TBL-2. Prior to the commencement of ground disturbing activities, the applicant shall co ntact the Tribal Historic Preservation Office at ACBCI-
[email protected] to arrange cultural monitoring.

PLANNING DEPARTMENT CONDITIONS

PLN 1. Approval of Case 3.4191 MAJ/DEV, Case TTM 38190, and 6.560 VAR shall be contingent upon approval of Case 5.1541 CZ by the City Council.

PLN 2. (DELETED)
Approval of Case 3.4191 MAJ/DEV shall be contingent upon approval of Case 6.560 VAR by the Planning Commission.

PLN 3. (DELETED) Approval of Case TTM 38190 shall be contingent upon approval of Case 6.560 VAR by the Planning Commission.

PLN 4. Construction of any residenti al unit shall meet minimum soundproofing Item 2B - Page 22

7 requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety.

PLN 5. The street address numbering/lettering shall not exceed eight inches in height.

PLN 6. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

PLN 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements.

PLN 8. 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.

PLN 9. 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.

PLN 10. Outdoor Lighting Conformance. Outdoor lighting shall fully conform to the requirements of Palm Springs Zoning Code and shall not produce dis ability glare, discomfort glare, light trespass, and/or light pollution as defined in Palm Springs Zoning Code Sections 93.21.00(A)(7), (8), (9), and (10).

PLN 11. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a bui lding permit.

Landscape plans shall be wet stamped and approved by the Riv erside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 12. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.

Item 2B - Page 23

8 PLN 13. Screen Roof -mounted Equipment . All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 14. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas.

PLN 15. Exterior Alarms & Audio Systems . No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.

PLN 16. Outside Storage Prohibited . No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 17. ARC Review. The proposed project is subject to Architectural Review Committee (ARC) review pursuant to Palm Springs Zoning Code Section

94.04.00. The Major Architectural Review (MAJ) appli cation and materials/plans for review by the ARC shall include any revisions identified in these conditions.

PLN 18. Commercial Use . The 5,411- square-foot commercial space on the ground floor along North Palm Canyon Drive shall be utilized for retail uses. The commercial space shall not be reduced in size or utilized for other purposes in order for the mixed-use project to be in conformance with the General Plan density requirement of the CBD land use designation.

PLN 19. Encroach License Required. An encroach license approved by the City Council is required for any architectural feature which projects into the 5- foot sidewalk easement along North Palm Canyon Drive.

PLN 20. (ADDED) Architectural and landscape treatment along the north property line shall be enhanced subject to Architectural Review Committee (ARC) review.

PLN 21. (ADDED) Architectural Review Committee (ARC) shall review the landscape design proposed for the interior area of the development to ensure that shade trees will be provided.

PLN 22. (ADDED) Staff shall work with the Historic Site Preservation Board (HSPB) to install of a plaque on the marker.

ENGINEERING DEPARTMENT CONDITIONS
The Engineering Services Department recommends that if t his application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

Item 2B - Page 24

9 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

GENERAL

ENG 1. Any improvements within the public right -of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

ENG 2. The applicant shall obtain all necessary approvals (Encroachment Permit and/or Cooperative Agreement) from the Riverside County Flood Control and Water Conservation District (RCFC) for all construction required within the RCFC properties identified by Assessor’s Parcel Number (APN) 505- 302-023. A copy of RCFC required approvals shall be provided to the City Engineer prior to the issuance of any permit.

ENG 3. Submit street improvement plans prepared by a registered California civil Engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

NORTH PALM CANYON DRIVE

ENG 4. Dedicate additional right-of-way to provide the ultimate half street right- of-way width of 50 feet along the entire frontage, together with a property line - corner cut -back at the northwest corner of the intersection of North Palm Canyon Drive and Chino Drive, in accordance with City of Palm Springs Standard Drawing No. 105. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

ENG 5. (DELETED)
Construct a minimum 24 feet wide emergency access
driveway approach located 210 feet north of the centerline of Chino Drive in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and locked; and Knox lock box and key provided to the Fire Department for emergency access.

ENG 6. (DELETED) Remove and/or relocate existing parking spaces located on North Palm Canyon Drive directly adjacent to emergency access driveway approach.

Item 2B - Page 25

10 ENG 7. Construct sidewalk from back of curb to property line along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 8. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of North Palm Canyon Drive and Chino Drive in accordance with City of Palm Springs Standard Drawing No. 212.

ENG 9. Remove and replace the existing curb return and curb ramp at the northwest corner of Chino Drive and North Palm Canyon Drive, historic monument to be protected in place. And replace with a traffic calming curb return “bump- out” to match existing located on the southwest corner of Chino Drive and North Palm Canyon Drive and construct a Type A ramp as field condition require curb ramp meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 212.

ENG 10. Contact the Director of Facilities to determine if the existing palm trees, irrigation, and street lights along the North Palm Canyon Drive frontage will have to be replaced and/or upgraded in conjunction with this project.

ENG 11. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 12. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

CHINO DRIVE

ENG 13. Construct a 6 inch curb and gutter, 24 feet north of centerline along the entire frontage, with a 25 feet radius curb return at the northeast corner of the intersection of Chino Drive and Belardo Road in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 14. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 15. Construct a Type B curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Chino Drive and Belardo Road in accordance with City of Palm Springs Standard Drawing No. 213.

Item 2B - Page 26

11 ENG 16. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross - sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 17. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 18. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

BELARDO ROAD

ENG 19. Dedicate a property line - corner cut -back at the corner of the intersection of Belardo Road and Chino Drive, in accordance with City of Palm Springs Standard Drawing No. 105. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right -of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

ENG 20. Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage of APN 505- 302-023, 505-322-003 and 505-322-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 21. Construct a driveway approach to accommodate bay parking stalls along a portion of the frontage of Belardo Road in accordance with City of Palm Springs Standard Drawing No. 201. Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right- of-way.

ENG 22. Construct a 40 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 23. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of APN 505-302-023, 505-322-003 and 505-322-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 210.

Item 2B - Page 27

12 ENG 24. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage of APN 505-302-023, 505-322-003 and 505- 322-004 in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon revi ew of existing pavement cross -sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 25. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

ON-SITE

ENG 26. For on- site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e.

ENG 27. The minimum pavement section for all on- site pavement (drive aisles, parking spaces ) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 28. The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning movements around the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the back of sidewalk on the adjacent street and the gated entry directory/cont rol panel, with an approved maneuvering area provided between the directory/control panel and the entry gates.

The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key electric switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain Item 2B - Page 28

13 (maximum link or lock shackle size of ¼ inch) when required by the fire code official. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two -gate system is used, the override switch must open both gates.

ENG 29. All on-site drive aisles shall be two -way with a minimum 24 feet wide travelway (as measured from face of curb) where no on- street parking is proposed.

ENG 30. On-site drive aisles or parking lots shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on- site streets to the on -site drainage system, in accordance with applicable City standards.

SANITARY SEWER

ENG 31. All sanitary facilities shall be connected to the public sewer system (via the proposed on- site private sewer system). New laterals shall not be connected at manholes.

GRADING

ENG 32. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval.

The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South C oast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396- 3752, or at http://www.AQMD.gov . A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Item 2B - Page 29

14 Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

b. The first submittal of the Grading Plan shall include th e following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan.

ENG 33. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Hi storic Preservation Officer or the Tribal Archaeologist at
ACBCI-
[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 34. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

ENG 35. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening sh all not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 36. Within 10 days of ceasing all construction activity and when construc tion activities are not scheduled to occur for at least 30 days, the disturbed areas on- site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 37. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009- 0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system.

Item 2B - Page 30

15 A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

ENG 38. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post -Construction Management Plan. A copy of the up- to-date SWPPP shall b e kept at the project site and be available for review upon request.

ENG 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/bl ows and relating to this property and development.

ENG 40. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

ENG 41. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 42. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA -1) prior to approval of the Grading Plan (if required). The California Department of Food and Agri culture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

WATER QUALITY MANAGEMENT PLAN

ENG 43. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit Item 2B - Page 31

16 issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non- stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre- treat contaminated stormwater and non- stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the sati sfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on- site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development (if any).

ENG 44. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 45. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project - Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project - Specific WQMP include: requiring the implementation of the Final Project - Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Fi nal Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

DRAINAGE

ENG 46. All storm water runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on- site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased Item 2B - Page 32

17 stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40- 50% of the street frontage parkway/setback areas should be designed as retention basins. On- site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 47. The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $ 10,311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

ENG 48. Submit storm drain improvement plans for all on- site storm drainage system facilities for review and approval by the City Engineer.

GENERAL

ENG 49. Any utility tren ches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

ENG 50. All proposed utility lines shall be installed underground.

ENG 51. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 52. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.

Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG 53. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as -built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Item 2B - Page 33

18 ENG 54. Nothing shall be constructed or planted in the corner cut -off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Spri ngs Zoning Code Section 93.02.00, D.

ENG 55. All proposed trees within the public right -of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

ENG 56. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit.

MAP

ENG 57. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval.

ENG 58. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, a nd copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map.

The Final Map shall be approved by the City Council prior to issuance of building permits.

ENG 59. In accordance with Government Code Section 66499, the Tentative Tract Map is subject to construction of all required public improvements. Prior to approval of a Tract Map, all required public improvements shall be secured by a construction agreement and bonds in accordance with Government Code Section 66499.

ENG 60. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a Item 2B - Page 34

19 notice of completion will be filed certifying the improvements are complete.

TRAFFIC

ENG 61. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalk s shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 62. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 63. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set.

Failure to submit will result in a delay of plan approval.

FID 4. Plans and Permits (CFC 105.1):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of Item 2B - Page 35

20 drawings for review. Upon approval, the Fire Prevention Bureau will r etain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday

A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting Item 2B - Page 36

21 purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.

FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

FID 9. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.

FID 10. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.

FID 11. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 12. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 13. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.

FID 14. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

FID 15. Private Fire Hydrants: Additional private hydrants may be required.

Item 2B - Page 37

22 FID 16. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official.

BUILDING & SAFETY DEPARTMENT CONDITIONS
BLDG 1. Prior to any construction on-site, all appropriate permits shall be secured.

BLDG 2. Separate permits are required for Site Walls, Trash Enclosures, Signs, PV (Photovoltaic), Construction Trailers.

BLDG 3. Grading & ROW permits are to be issued by our Engineering Division.

BLDG 4. Utilities on the utility side of any meter are to be arranged with the respective Utility Company. Any utilities after a meter will be included in the Building Departments scope of work for inspections.

END OF CONDITIONS

Item 2B - Page 38

ATTACHMENT E
Item 2B - Page 39
575 N Palm Canyon Drive Justification Letter Page 1 of 10

575 N Palm Canyon Drive

JUSTIFICATION LETTER
Major Architectural Application and Variances
Revised 1/24/23

P
roject Description
575 N Palm Canyon Drive will be a 24-unit condominium development consisting of a mix of 1, 2, and 3 bedroom single story units arranged in a two story development and set around a lush desert courtyard with shared amenities/services and active 5,411 sf of retail frontage along Palm Canyon Drive. The approximately 75,201 sf development will provide 56 stalls (exceeding the 41 parking stalls required by the reduced Downtown Parking Combined zone) primarily with enclosed garaged neatly arranged around a drive court (and emergency fire access lane with hammerhead turnaround).

The project requires a zone change. In keeping with the character of the surrounding neighborhood which straddles residential to the west along Belardo and commercial along Palm Canyon, the site consisting of 4 vacant parcels (currently designated R-2 and CBD) will be combined into a single C-1 parcel.

The C-1 site will be developed with a mixed-use development with residential throughout and retail uses at ground level on Palm Canyon. The building massing is arranged to embrace native desert landscaping to form a series of outdoor courts, gardens, and private areas, as well as a layered and porous edge to enrich the public pedestrian experience along the perimeter. The architecture draws on historic Palm Springs inspiration and materiality with contemporary breeze block walls, overhangs, shade areas, and continuous areas of indoor/outdoor living that frame magnificent views. The development will be a great benefit to the surrounding neighborhood and to Palm Springs – converting a long vacant lot into a beautiful, thoughtfully designed and landscaped community.

Information
The project will provide homes to 24 families – a total of 49 bedrooms – and support several full-time and part-time employees: property managers, maintenance crew, household managers, security guards, and landscapers. The commercial retail spaces along North Palm Canyon are flexibly designed to accommodate a wide range of retail tenants with large glass storefronts and contiguous area for flexible demising. The target tenants are boutique retailers who will complement and add to the existing retail ecosystem along Palm Canyon. Members of the applicant team have been active in residential and commercial real estate for over 20 years. Local projects include the redevelopment and current ownership of 800 and 830 N. Palm Canyon Item 2B - Page 40
575 N Palm Canyon Drive Justification Letter Page 2 of 10

Drive. Additionally, Peter Mahler is a long-time resident of the Old Las Palmas neighborhood and Mark Rios has designed several residential and commercial buildings in the City of Palm Springs.

Findings
Major Architectural 94.04.00(D)
The overall general goals of the development of the site are to keep it consistent with the goals of the City of Palm Springs while providing a beautiful new addition to the community that will house 24 families, bringing an influx of energy and economic activity while being in keeping with the existing character of the community. It will provide a wonderful new addition along Palm Canyon, replacing a long vacant lot. Detail in support of the Architectural Advisory Committee guidelines are outlined below:

Planning Commission Architectural Advisory Committee Review Guidelines.

The planning commission architectural advisory committee shall examine the material submitted with the architectural approval application and specific aspects of design shall be examined to determine whether the proposed development will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance will be evaluated, based on consideration of the following:

1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas;

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;

4. Building design, materials and colors to be sympathetic with desert surroundings;

5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously;

6. Consistency of composition and treatment;

7. Location and type of planting, with regard for desert climate conditions.

Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials;
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575 N Palm Canyon Drive Justification Letter Page 3 of 10

8. Signs and graphics, as understood in architectural design including materials and colors;

9. The planning architectural advisory committee may develop specific written guidelines to supplement the design criteria and carry out the purposes of this chapter.

Because the site sits at the boundary of multiple zones, each of the site edges and corners take particular and careful consideration of the character of the adjacent zone and the desired pedestrian experience varying from more vibrant and active on Palm Canyon to more intimate, private, and serene along Chino and Belardo. This responsiveness to context tracks through the site and was the guiding principle for many of the architectural and landscape features.

On Palm Canyon, the massing, expression, and ground floor retail use is intended as a continuation of the commercial nature of adjacent sites that define the CBD zone all along Palm Canyon extending north from the city center. The taller upper level and signature architectural screen capture the corner and present a more active presence on Palm Canyon. The extensive glass storefront will display artisanal and well-crafted wares and exciting retail, enriching the pedestrian experience and energizing Palm Canyon Drive.

I
n response to feedback from the second Palm Springs Planning Commission study session (in January 2023), the commercial retail was significantly increased in area, frontage length, and retail depth. The emergency fire lane and curb cut at the north end of the site along Palm canyon was removed and replaced with retail, and a vertical break and courtyard for pedestrians and for the retail tenants to display their wares was added.

Architecturally, the screen and volumes on the upper levels serve as lanterns to bookend the site.

The design has vertical breaks and a cadence of alternating 1 to 2 story volumes to break down the massing of the building along Chino to achieve a more residential character.

Additionally, garden entryways for residents will bring activity to Chino. The massing, in conjunction with regular breaks along the perimeter wall, continuous landscape with public facing garden pockets, and semi-transparent screen/breeze block architectural “lanterns” serve to dissolve the appearance of the perimeter fence and enhance the pedestrian experience without sacrificing security.

An enhanced pedestrian experience is provided at Belardo, with a desert garden marking the corner. A protected sidewalk is provided inboard of additional parking along the street for the neighborhood that is shaded and landscaped with the existing palms and other planted medians.

At the entry court off of Belardo, a full turn-around is provided before the security gate, and a breeze-block feature wall screens the guard house and marks the entry. The gate Item 2B - Page 42
575 N Palm Canyon Drive Justification Letter Page 4 of 10

has been pushed back much further into the site and shielded with landscaping in response to feedback from the second Palm Springs Planning Commission study session (in January 2023). Entrancing and exiting is off of Belardo, with queueing for 4 cars in both directions (8 total), parking for 8 guests/delivery vans, and a full turnaround. This prevents any back up of traffic on Belardo. The drive court with individual garages for the units doubles as a fire lane and separates traffic from the entrances to the individual apartment units – with a fire access hammerhead midway.

The gated entry is necessary to prevent commercial retail traffic from blocking and occupying resident parking and for the residential tenants’ security. The gated entry for vehicles has been carefully considered and designed to meet the goals of the Planning Commission and Planning Department. It is recessed 87 feet into the site, semi-concealed with landscaping, and the fence itself constructed of semi-transparent material. The Entry Court provides for ample parking, off street deliveries, and pedestrian entry locations. All along Belardo and Chino, tenant garden gates and entries with small patios opening onto the sidewalks will bring a lot of activity and porosity along the edges.

This structured organization of arrival elements forms the north band of the site. From the Drive Court, residents and guests will enter through 3 entryways that stretch to the central courtyard, a lushly landscaped desert oasis with reading gardens, bbq areas, fire pit conversation areas, a pool, and recreation areas. Residents then enter their townhomes through private landscaped gardens.

Architecturally, the project looks to its context and derives inspiration from the rich history of Palm Springs forms and materiality. Contemporary breeze block walls, overhangs, shade areas, and continuous areas of indoor/outdoor living frame magnificent views, and present a layered, textured, and beautiful facade to the public. In keeping with the surrounding residential areas, all of the two-story elements are under 30’ (as required by C-1) and they alternate with 1 story volumes to keep to the residential scale and allowing mechanical equipment to be concealed. Along Palm Canyon, to emphasize and activate the commercial corridor, the building is also below 30’, but volumes on each end extend to the max height for greater presence and to bookend the retail with architectural screened “lantern” volumes. The project complies with all height restrictions as well as all setbacks and yards except in one location that abuts the utility parcel to the north and is described in the following variance requests.

The landscaping is designed as a series of palettes that build upon one another. Along the perimeter, in acknowledgement to the cadence of the stately palms that line Palm Canyon and that stand along the median on Chino Drive, a more formal and structured series of plants and specimen trees wrap the development and lead into the Entry Court and Drive Court. Along the sidewalks, existing trees are preserved and incorporated into the design and enlarged planting areas, patios, and garden gates break up the perimeter wall. In transitioning from the Drive Court to the central courtyard this formality gives way to a lush, vibrant interior landscape of desert plants that form outdoor rooms, contemplative Item 2B - Page 43
575 N Palm Canyon Drive Justification Letter Page 5 of 10

nooks, and organized circulation. Appropriate plant selection for the desert climate as well as appropriate irrigation will help the landscape flourish for years to come with minimal/efficient water use.

The development will carry minimal signage - at the Entry Court and on Palm Canyon. The intent of the signature breeze block screens is to create a subtle, yet iconic identity for the development through the use of architectural features. Casting patterned shadows upon the ground during the day, or softly lit up at night, the breeze block screens will glow like lanterns and their distinctive pattern will become the signature motif of the place.

Item 2B - Page 44
575 N Palm Canyon Drive Justification Letter Page 6 of 10

Gated Entry Permission 93.05.00 (E)

As part of this application, the development seeks to organize and safely separate commercial retail traffic from residential traffic and parking and provide security to residential tenants. The justification is described below.

At the entry court off of Belardo, a full turn-around is provided before the security gate, and a breeze-block feature wall screens the guard house and marks the entry. The gate has been pushed back much further into the site and shielded with landscaping in response to feedback from the second Palm Springs Planning Commission study session (in January 2023). Entrancing and exiting is off of Belardo, with queueing for 4 cars in both directions (8 total), parking for 8 guests/delivery vans, and a full turnaround. This prevents any back up of traffic on Belardo. The drive court with individual garages for the units doubles as a fire lane and separates traffic from the entrances to the individual apartment units – with a fire access hammerhead midway.

Item 2B - Page 45
575 N Palm Canyon Drive Justification Letter Page 7 of 10

Variances 94.06.00(B)
As part of this application, the development seeks the following variances as outlined below. An accompanying Entitlements Exhibit demonstrates each of the below with diagrams.

VARIANCES:

A. 5’ yard in lieu of 20’ along the west half of the north property line B. 8’ fence along portions of the north property line

VARIANCE Questions

1. The special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, and the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

2. Any Variance granted shall be to conditions that will assure the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone which the subject property is situated.

3. The granting of the Variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to the property and improvements in the same vicinity and zone in which the subject property is situated.

4. The granting of such Variance will not adversely affect the General Plan for the City.

Item 2B - Page 46
575 N Palm Canyon Drive Justification Letter Page 8 of 10

A. 5’ yard in lieu of 20’ along the west half of the north property line Applicable code sections:

C-1: 92.12.03.D.2.B

1. The C-1 site abuts 1 parcel along Belardo that is designated R2, therefore requiring a 20’ yard. However, this parcel is a public utility parcel for power poles and not being used for residential purposes. It provides a permanent buffer of more than 30’ between the new development and the nearest development to the north. The east parcel to the north of the site, while still the same utility parcel for power poles is designated CBD and therefore requires a 5’ yard, which the design complies with.

In this case, the 20’ required yard is arbitrary and not linked to the actual permanent use of the utility parcel, while any desired separation from the residential uses is already achieved by the 30’ wide vacant utility parcel. • C-1 requires a 5’ yard except when adjacent to R zones where 20’ is required.
• The adjacent parcel is not actually residential, but a utility parcel with power poles running through it.
• We are requesting that the 5’ required yard at the east end of the site be continued through the whole north edge of the site.

2. The unusual combination of zones and strict reading of 92.12.03D as applied to the R2 lot: “Where the C-1 zone abuts property in a residential zone, there shall be a yard of not less than twenty (20) feet.” is complied with through the 30’ Easement as an exemption.

3. Considering the adjacency to the 30’ utilities easement, no other property is impacted by this request.

4. This does not impact the General Plan.

Item 2B - Page 47
575 N Palm Canyon Drive Justification Letter Page 9 of 10

B. 8’ fence along portions of the north property line
Applicable code sections:

93.02.00.E

1. While we are applying 93.02.00.E.1 to place the perimeter fence within 5’ of the property line, we are seeking to increase its height to 8’ for necessary privacy and safety at portions along the north property line. Due to the adjacency to an empty alleyway/utility parcel, and due to the proximity to the commercial corridor along Palm Canyon and the added foot traffic, the added height is necessary to achieve the privacy and safety that other residential developments enjoy.

Additionally, the majority of the north edge security line will be architecturally defined by the building massing. The few areas that require fences will blend in with the architecture and abut a vacant alley, neither impacting any adjoining property nor the public.

2. The granting of this variance is based upon the adjacency to the utility parcel and the proximity to the CBD corridor, and does not constitute a special privilege.

3. Considering the adjacency to the 30’ utilities easement, no other property is impacted by this request.

4. This does not impact the General Plan.

Item 2B - Page 48
575 N Palm Canyon Drive Justification Letter Page 10 of 10

The preceding statements combined with our drawings, renderings, and other exhibits form our justification for the development at 575 N Palm Canyon. We have designed this 24 unit multifamily in keeping with the intents and regulations of Palm Springs and believe it will bring substantial benefits to the surrounding community through the beautiful architectural form, the way the development relates and supports its context, the enhanced pedestrian experience, and the addition of 24 appropriately scaled homes.

Sincerely,

Elizabeth Wendell
Senior Project Designer
(323) 200-2737 direct
[email protected]

RIOS
3101 Exposition Place
Los Angeles, CA 90018
(323) 785-1800
Item 2B - Page 49

ATTACHMENT F
Item 2B - Page 50
Item 2B - Page 51

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Old Las Palmas Partners, LLC

2. Address of Entity (Principle Place of Business)
250 East Wisconsin Avenue, Suite 1610, Milwaukee, WI 53202

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also reaistered in California? n Yes n No

5. Type of Entity
D Corporation [!] Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _P_e_te_r_M_a_h_le_r ____________ Officer D Director D Member D Manager [name]
D General Partner [!] Limited Partner
Other ____________ _
_ B_r_ia_n_A_d_a_m_s_o_n ____________ Officer D Director D Member D Manager [name]
D General Partner [!] Limited Partner
Other ___________ _
_ M_a_r_k_A_tt_a_n_a_s_io ____________ Officer Director D Member D Manager (Revised 05/16/19)
[name]
D General Partner [!] Limited Partnef
Other ____________ _

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 3 ends

Item 2B - Page 52
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM

1. Name
of
Entity
Old
Las
Palmas
Partners,
LLC

2. Address
of
Entity
(Principle
Place
of
Business)
250
East
Wisconsin
Avenue,
Suite
1610,
Milwaukee,
WI
53202

3. Local
or
California
Address
(if
different
than
#2)

4. State
where
Entity
is
Registered
with
Secretary
of
State
California
If
other
than
California,
is
the
Entity
also
registered
in
California?
n
Yes
n
No

5. Type
of
Entity
D
Corporation
[!]
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)

6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
_M_a_r_k_R_i_o_s
______________
D
Officer
D
Director
D
Member
D
Manager
[na
D
General
Partner
[!]
Limited
Partner

Other
___________
_
__________________
D
Officer
D
Director
D
Member
D
Manager
[na
D
General
Partner
D
Limited
Partner

Other
___________
_
__________________
D
Officer
D
Director
D
Member
D
Manager
(Revised
05/16/19)
[name]
D
General
Partner
D
Limited
Partner

Other
____________
_
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
3 Item 2B - Page 53

7. Owners/Investors
with
a
5%
beneficial
interest
in
the
Aoolioant
Entity
or
a
related
entity

EXAMPLE JANEDOE
50%,
ABC

COMPANY,
/nc.
(name
of
owner/investor]
[percentage
of
beneficial
Interest
in
entity
and
name
of
entity]
A.

Peter
Mahler
20%,
Old
Las
Palmas
Partnership,
LLC
-
•
T
[name
of
owner/investor]
[percentage
of
beneficial
int,rest
in
entity
and
name
of
entity]
B.

Brian
Adamson

17.5%,
Old
Las
Palmas
Partnership,
LLC
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
-
and
name
of
entity]
C.

Mark
Att~nasio
50%,
Old
Las
Palmas
Partnership,
LLC.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
D.

Mark
Rios

12.5%,
Old
Las
Palmas
Partnership,
LLC
(name
of owner/investor]
[percentag
e
of
beneficial
interest
in
entity
and
name
of
entity]
E.
.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]

I DECLARE
UNDER

PENALTY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.

Date

PENALTIES
Falsification
of
information
or
failure
to
report
information
required
to
be
reported
may
subject
you
to
administrative
action
by
the
City.
(Revised
05/16/19)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
3 of
3 ATTACHMENT G
Item 2B - Page 54
Item 2B - Page 55

RESOLUTION
NO.
6939
A

RESOLUTION
OF
THE

PLANNING

COMMISSION
OF
THE
CITY
OF
PALM

SPRINGS,

CALIFORNIA,

APPROVING
CASES
NO.

3.4191

MAJ/DEV,
MAJOR

DEVELOPMENT

PERMIT,

6.560
VAR,

VARIANCE,
AND
TIM
38190,

TENTATIVE
TRACT
MAP,
AND

RECOMMENDING

APPROVAL
OF
CASE

5.1541
CZ,
CHANGE
OF
ZONE,
TO
THE
CITY

COUNCIL
FOR
A

PROPOSED

MIXED-USE

PROJECT
WHICH

INCLUDES
24 CONDOMINIUM
UNITS
AND
A
5,411-SQUARE-FOOT

COMMERCIAL
SPACE
ON

2.4-ACRE

UNDEVELOPED

PARCELS

LOCATED
AT
575
NORTH
PALM
CANYON
DRIVE,
CBD/R-2
ZONE,

SECTION

10. A.

Old
Las
Palmas
Partners,
LLC,
(the
"Applicant")
has
filed
Case

5.1541
CZ
Change
of
Zone
(CZ),
Case
TIM
38190,
Tentative
Tract
Map,
Case

3.4191

MAJ/DEV,
Major
Development
Permit,
and
Case

6.560
VAR,
Variance,
in
accordance
with
Sections

94.07.00 (Change
of
Zone),

94.04.01 (Development
Permit),

94.06.00 (Variance),
and

9.60 (Subdivision
of
Land
-
General
Provision)
of
the
Palm
Springs
Zoning
and
Municipal
Codes
for
a
proposed
mixed-use
development
project,
which includes
24 residential
condominium
units
and
a
5,411-square-foot
commercial
space
on

2.4-acre
undeveloped
parcels
at
575
North
Palm
Canyon
Drive;
and
B.

The
current
zone
designations
of
the
project
site
are
'Central
Business
District'
(CBD)
and
'Limited
Multiple-Family
Residential'
(R-2);
and
C.

The
applicant
has
requested
a
Change
of
Zone
(CZ)
from
the
current
'Central
Business
District'
(CBD)
and
'Limited
Multiple-Family
Residential'
(R-2)
zone
designations
to
C-1
(Retail
Business)
entirely;
and
D.

The
applicant
has
requested
a
Tentative
Tract
Map
(TIM)
to
create
24 residential
condominium
units;
and
E.

The
applicant
has
requested
a
Variance
to
provide:
1)
a
5-foot
side
yard
setback,
instead
of
the
code-required
20-foot-minimum,
along
the
north
property
line
where
it
abuts
the
R-2
Zone;
and
2)
8-foot-high walls
in
selected
areas
along
the
north
property
line;
and
F.

Notice
of
a
public
hearing
of
the
Planning
Commission
of
the
City
of
Palm
Springs
to
consider
the
above-mentioned
applications
were
given
in
accordance
with
applicable
law;
and
Item 2B - Page 56
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
February
8,
2023
Page2
G.

On
December
14,
2022,
a
public
hearing
on
Case

5.1541
CZ,
Case
TTM
38190,
and
Case

6.560
VAR
were
held
by
the
Planning
Commission
in
accordance
with
applicable
law.

Case

3.4191

MAJ/DEV
is
required
to
be
reviewed
at
a public
meeting
of
the
Planning
Commission.

Subsequently,
the
Planning
Commission
voted
5-1-1
(Morruzi,
absent,
Roberts
abstained)
to
continue
the
review
to
a
date
uncertain
with
the
direction
that
a
sub-committee
be
formed
to
assist
the
applicant
with
addressing
concerns
raised
by
the
Planning
Commission.

On
February
8,
2023,
a
public
hearing
on
Case

5.1541
CZ,
Case
TTM
38190,
and
Case

6.560
VAR
were
held
by
the
Planning
Commission
in
accordance
with
applicable
law.

Case

3.4191

MAJ/DEV
is
required
to
be
reviewed
at
a
public
meeting
of
the
Planning
Commission;
and
I.

The
proposed
project
is
considered
a
"project"
pursuant
to
the
terms
of
the
California
Environmental
Quality
Act
("CEQA"),
and
an
Initial
Study/Mitigated
Negative
Declaration
(IS/MND)
has
been
prepared
for
this
project
and
has
been
distributed
for
public
review
and
comment
in
accordance
with
CEQA;
and

WHEREAS,
the
Planning
Commission
has
carefully
reviewed
and
considered
all
of
the
evidence
presented
in
connection
with
the
hearing/meeting
on
the
Project,
including
but
not
limited
to
the
staff
report,
all
environmental
data
including
the
IS/MND
prepared
for
the
project
and
all
written
and
oral
testimony
presented.

THE

PLANNING

COMMISSION
HEREBY
FINDS
AS
FOLLOWS:

Section
1:

A
Mitigated
Negative
Declaration
(MND)
has been
completed
in
compliance
with
CEQA,
the
State
CEQA
Guidelines,
and
the
City's
CEQA
Guidelines.

The
Planning
Commission
finds
that,
with
the
incorporation
of
mitigation
measures,
the
project
will
have
a
less
than
significant
impact
on
the
environment.

The
Planning
Commission
has
independently
reviewed
and
considered
the
information
contained
in
the
IS/MND
prior
to
its
review
of
this
Project
and
the
IS/MND
reflects
the
Planning
Commission's
independent
judgment
and
analysis.

Section
2:

Pursuant
to
Government
Code
Section
66474
(Subdivision
Map
Act),
the
Planning
Commission
finds
that
with
the
incorporation
of
the
conditions
attached
in
Exhibit
A,
the
following
findings
are
hereby
made
with
respect
to
the
Tentative
Tract
Map
38190:

1. The
proposed
Tentative
Map
is
consistent
with
applicable
general
and
specific
plans.

The
project
site
is
located
within
the
CBD
General
Plan
land
use
designation
area
in
which
a
mix
of
high-density/intensity
residential
and
Item 2B - Page 57
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TTM 38190,

6.560
VAR
February
8,
2023
Page
3 commercial
uses
is
allowed
(Palm
Springs
2007
General
Plan,
page
2-7).

The
project
site
is
not
located
within
a
Specific
Plan
area.

2. The
design
of
improvement
of
the
proposed
subdivision
is
consistent
with
the
General
Plan
and
any
applicable
Specific
Plan.

The
proposed
project
conforms
to
the
applicable
development
standards
except
for
the
proposed
yard
setback
for
the
portion
of
the
north
elevation
of
Building
A
which
abuts
the
R-2
Zone
and
the
8-foot-high
walls
along
the
north
property
line
where
the
code-allowed
maximum
wall
height
is
6 feet.

The
applicant
has
submitted
a
Variance
application
to
address
these
issues.

A
condition
of
approval
requires
the
approval
of
the
Tentative
Tract
Map
application
(Case
TIM
38190)
to
be
contingent
upon
the
approval
of
the
Variance
application
(6.560
VAR).

As
conditioned,
and
with
approval
of
the
variance,
the
proposed
project
meets
this
requirement.

3. The
site
is
physically
suitable
for
the
type
and
density
of
development
contemplated
by
the
proposed
subdivision.

The
existing
use
immediately
south
of
the
project
site
is
multi-tenant
commercial
and
professional
buildings,
and
the
project
site
abuts
an
existing
single-family
residential
use
to
the
west.

The
existing
development
on
the
north
side
of
the
adjacent
30-foot-wide
undeveloped
parcel
is
a
multi-family
residential
and
commercial
uses.

Since
the
project
proposes
a
mix
of
residential
and
commercial
uses,
the
site
is
suitable
for
the
proposed
project.

4. The
site
is
physically
suited
for
the
proposed
density
of
development. The
project
proposes
a
mixed-use
development
with
24 residential
condominium
units
and
a 5,411-square-foot
commercial
space.

The
density
and
development
intensity
of
the
proposed
residential
units
and
commercial
space
meet
the
requirements
of
the
General
Plan
CBD
land
use
designation
area
and
C-1
Zone,
which
allows
a
minimum
of
24 dwelling
units
per
acre
and

1.0 FAR
for
non-residential
uses.

5. The
design
of
the
subdivision
is
not
likely
to
cause
environmental
damage
or
substantially
and
avoidably
injure
fish,
wildlife,
or
their
habitats. The
project
site
is
located
within
an
established
urban
area
immediately
adjacent
to
a
major
throughfare.

An
Initial
Study
(IS)
was
conducted
as
a
Item 2B - Page 58
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TTM
38190,

6.560
VAR
February
8,
2023
Page4
part
of
this
application
review,
and
a
Mitigated
Negative
Declaration
(MND)
has
been
prepared.

With
the
implementation
of
the
proposed
mitigation
measures,
any
potential
significant
impacts
can
be
reduced
to
less
than
significant.

The
mitigation
measures
will
ensure
the
subdivision
will
not
cause
environmental
damage
or
substantially
and
avoidably
injure
other
habitats.

6. The
design
of
the
subdivision
or
type
of
improvements
is
not
likely
to
cause
serious
public
health
problems.

Upon
project
approval,
the
proposed
mixed-use
development
will
be
constructed
subject
to
the
City
zoning
and
development
codes,
which
are
designed
and
intended
to
prevent
serious
adverse
health
impacts
on
the
site
and
its
surroundings.

The
new
buildings
will
be
required
to
connect
to
sewer,
water,
and
other
utility
providers
to
ensure
that
public
health
and
safety
is
protected.

Therefore,
the
project
meets
this
requirement.

7. The
design
of
the
subdivision
or
type
of
improvements
will
not
conflict
with
easements,
acquired
by
the
public
at
large,
for
access
through
or
use
of
the
property
within
the
proposed
subdivision.

There
is
an
existing
5-foot-wide
easement
along
the
east
property
line
on
the
North
Palm
Canyon
Drive
frontage
for
sidewalk,
pedestrian
access,
and
incidental
purposes.

The
project
proposes
one-foot
awning projection
into
the
easement,
which
is
allowed
subject
to
the
approval
of
an
encroachment
license
by
the
City
Council.

A
condition
of
approval
requires
the
approval
of
an
encroachment
license
for
the
proposed
awning
projection.

As
conditioned,
the
project
meets
this
requirement.

Section
3:

Change
of
Zone
Findings.

The
Findings
for
a
Change
of
Zone
request
are
outlined
in
Section

94.07.00 "Zoning
Map
Amendment
(Change
of
Zone)"
of
the
Palm
Springs
Zoning
Ordinance
(PSZO)
as
follows:

1. The
proposed
change
of
zone
is
in
conformity
with
the
general
plan
map
and
report.

The
General
Plan
land
use
designation
of
the
site
is
CBD
(Central
Business
District).

The
project
proposes
to
change
the
site's
current
split
zone
designations
of
CBD
(Central
Business
District)
and
R-2
(Limited
Multiple-Family
Residential)
to
C-1
(Retail
Business)
entirely.

Mixed-use
developments
are
permitted
by
right
in
the
C-1
Zone
per
Palm
Springs
Zoning
Code
(PSZC)
Section

92.12.01 (A)(35),
and
it
is
consistent
with
the
Item 2B - Page 59
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
February
8,
2023
Page
5 intent
of
the
CBD
General
Plan
land
use
designation
area
which
encourages
a
mix
of
commercial
and
residential
uses
(Palm
Springs
2007
General
Plan,
page
2-7).

The
proposed
project
meets
the
General
Plan
density
requirement
of
the
CBD
land
use
designation
area
as
well.

2. The
subject
property
is
suitable
for
the
uses
permitted
in
the
proposed
zone,
in
terms
of
access,
size
of
parcel,
relationship
to
similar
or
related
uses,
and
other
considerations
deemed
relevant
by
the
commission
and
council. Mixed-use
developments
are
permitted
by
right
in
the
C-1
Zone
per
Palm
Springs
Zoning
Code
(PSZC)
Section

92.12.01 (A)(35),
and
the
C-1
Zone
allows
a
variety
of
retail
uses
by
right
as
demonstrated
in
PSZC
Section

92.12.01 (A).

The

2.4-acre
project
site
area
far
exceeds
the
minimum
lot
size
requirement
of
the
C-1
Zone.

The
proposed
residential
and
commercial
uses
are
compatible
with
the
site's
surrounding
uses,
which
include
single/multi-family
residential
and
commercial/professional.

The
primary
access
to
the
site
is
provided
on
North
Belardo
Road.

3. The
proposed
change
of
zone
is
necessary
and
proper
at
this
time,
and
is
not
likely
to
be
detrimental
to
the
adjacent
property
or
residents
The
site's
zone
designation
is
currently
split
(CBD
&
R-2
Zones).

The
approval
of
the
Change
of
Zone
will
allow
future
development
and
land
uses
at
the
site
to
be
governed
under
the
regulations
of
one
zone
entirely,
which
allows
more
seamless
and
consistent
development
throughout
the
site.

A
majority
of
the
properties
on
both
sides
of
North
Palm
Canyon
Drive
between
Alejo
Road
and
East
Vista
Chino
are
zoned
C-1,
and
only
five
parcels
on
the
west
side
of
North
Palm
Canyon
Drive
are
zoned
CBD
in
the
section.

The
approval
of
the
Change
of
Zone
will
result
in
the
extension
of
the
C-1
Zone
designation
along
North
Palm
Canyon
Drive,
and
the
proposed
uses
are
compatible
with
the
site's
surroundings.

Section
4:

Variance
Findings.

The
Findings
for
a
Variance
request
are
outlined
in
PSZC
Section

94.06.00(8)
("Variance")
of
the
Palm
Springs
Zoning
Ordinance
(PSZO)
as
follows:

1. Because
of
special
circumstances
applicable
to
the
subject
property,
including
size,
shape,
topography,
location
or
surroundings,
the
strict
application
of
the
Zoning
Code
would
deprive
the
subject
property
of
privileges
enjoyed
by
other
properties
in
the
vicinity
and
under
identical
Item 2B - Page 60
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TTM
38190,

6.560
VAR
zone
classification.

February
8,
2023
Page
6 The
project
site
is
immediately
adjacent
to
a
30-foot-wide
parcel,
which
is
developed
with
an
underground
Riverside
County
Flood
Control
stormwater
pipe.

The
20-foot
side
yard
setback
requirement
is
imposed
along
the
project
site's
north
property
line
because
a
portion
of
the
adjacent
lot
is
zoned
R-2.

However,
the
possibility
of
the
adjacent
site
being
developed
to
serve
uses
that
are
intended
for
the
R-2
Zone
is
highly
unlikely
because
of
the
existing
utilities.

The
split
zone
designation
of
the
adjacent
property
prevents
the
site
from
implementing
a
consistent
yard
setback
without
comprising
the
site's
full
development
potential.

The
project
site
is
one
of
few
properties
between
Alejo
Road
and
East
Vista
Chino
that
are
privately
owned
and
currently
undeveloped.

Since
other
properties
are
already
in
development,
the
minimum
yard
setback
requirement
on
such
a
project
would
not
compromise
the
development
potential
in
a
same
fashion
that
would
affect
the
proposed
project.

As
for
the
proposed
8-foot-high
walls,
there
will
be
a
narrow
open
space
between
the
project
site
and
the
existing
development
located
on
the
north
side
of
the
neighboring
property
for
which
no
surveillance
or
territorial
reinforcement
will
be
provided.

The
installation
of
walls
that
are
lower
in
height
raises
a
security
concern. Therefore,
the
strict
application
of
the
minimum
yard
setback
and
wall
height
requirements
would
deprive
the
privileges
enjoyed
by
other
properties
in
the
vicinity.

2. Any
variance
granted
shall
be
subject
to
such
conditions
as
will
assure
that
the
adjustment
thereby
authorized
shall
not
constitute
a
grant
of
special privilege
inconsistent
with
the
limitations
upon
other
properties
in
the
vicinity
and
zone
in
which
the
subject
property
is
situated.

As
explained
in
finding
1 above,
there
are
special
circumstances
that
exist
due
to
the
location
and
surroundings
of
the
project
site.

The
City's
mapping
database
indicates
that
the
project
site
and
the
adjacent
30-foot
wide
lots
are
the
only
parcels
that
are
privately
owned
and
currently
undeveloped.

While
there
are
other
parcels
along
the
west
side
of
North
Palm
Canyon
Drive
that
are
split
zoned
with
R-2
and
C-1
designations,
these
properties
are
already
developed
or
publicly
owned.

Additionally,
these
properties
do
not
abut
a
parcel
which
is
intended
to
serve
public
utilities.

Hence,
the
potential
hardship
caused
by
strictly
adhering
to
·the
side
yard
setback
and
wall
height
requirements
would
be
different
for
the
project
site
and
other
properties
in
the
neighborhood.

Therefore,
the
approval
of
the
Variance
will
not
grant
special
privilege
to
the
property
owner
and
the
project
meets
this
finding.

3. The
granting
of
the
variance
will
not
be
materially
detrimental
to
the
public
Item 2B - Page 61
Planning
Commission
Resolution
No.
6939
February
8,
2023
Page
7 Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TTM 38190,

6.560
VAR
health,
safety,
convenience
or
welfare
or
m1unous
to
property
and
improvements
in
the
same
vicinity
and
zone
in
which
the
subject
property
is
situated.

The
variance
for
the
yard
setback
reduction
and
wall
height
increase
will
not
negatively
affect
the
welfare
of
the
general
public
because
the
adjacent
property
to
the
north,
which
future
development
is
highly
unlikely
due
to
the
existing
utilities,
will
provide
an
adequate
setback
from
the
other
existing
development.

4. The
granting
of
such
variance
will
not
adversely
affect
the
general
plan
of
the
city.

Section
5:

Granting
Variance
approval
will
not
alter
the
nature
of
the
project
which
proposes
a
mixed-use
development.

The
proposed
project
meets
the
density
and
development
intensity
requirements
stated
in
the
General
Plan
CBD
land
use
designation
area,
and
the
proposed
uses
at
the
site
are
consistent
with
the
intent
of
the
General
Plan
as
well.

The
Variance
approval
will
not
alter
the
project
in
a
such
a
manner
as
to
create
adverse
impact. Major
Development
Permit
Findings.

The
Findings
for
a
Major
Development
Permit
request
are
outlined
in
Section

94.04.01 (D)
("Development
Permif')
of
the
Palm
Springs
Zoning
Ordinance
(PSZO)
as
follows:

1. The
proposed
project
is
consistent
with
the
General
Plan
and
any
applicable
specific
plan;
The
project
proposes
a
mixed-use
development
which
includes
24 condominiums
and
a
5,411-square-foot
commercial
space
on
the
North
Palm
Canyon
Drive
frontage.

The
City
Council
adopted
Resolution
No.
25072
on
November
10,
2022,
which
amended
and
lowered
the
General
Plan
CBD
land
use
designation
minimum
density
requirement.

The
proposed
24-unit
condominium
meets
the
density
requirement
because
it
is
a
new
mixed-use
project
which
dedicates
at
least
75%
of
its
frontage
facing
a
major
throughfare
to
public-serving
commercial
use.

The
proposed
uses
are
consistent
with
the
intent
of
the
CBD
land
use
designation
area.

The
project
site
is
not
located
in
a
Specific
Plan
area.

2. The
proposed
uses
are
in
conformance
to
the
uses
permitted
in
the
Item 2B - Page 62
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
February
8,
2023
Page
8 zone
district
where
the
site
is
located,
and
are
not
detrimental
to
adjacent
properties
or
residents;
Pursuant
to
Palm
Springs
Zoning
Code
(PSZC)
Section

92.12.01 (A)(35),
mixed-use
development
projects
are
permitted
by
right
in
the
C-1
Zone.

The
proposed
project
includes
a
5,411-square-foot
commercial
space
on
the ground
level
in
Building
C,
which
faces
North
Palm
Canyon
Drive.

The
commercial
space
is
intended
for
retail
uses.

A
variety
of
retail
uses
are
permitted
in
the
C-1
Zone
by
right
per
PSZC

92.12.01(A).

3. The
proposed
project
is
in
conformance
to
the
property
development
standards
for
the
zone
district
where
the
site
is
located;
The
proposed
project
conforms
to
the
applicable
development
standards
except
for
the
proposed
yard
setback
for
the
portion
of
the
north
elevation
of
Building
A
which
abuts
the
R-2
Zone
and
the
8-foot-high
walls
along
the
north
property
line
where
the
code-allowed
maximum
wall
height
is
6 feet.

The
applicant
has
submitted
a
Variance
application
to
address
these
issues.

Staff
is
recommending
a
condition
of
approval
which
requires
the
approval
of
the
Major
Development
Permit
application
to
be
contingent
upon
the
approval
of
the
Variance
application.

As
conditioned,
and
with
approval
of
the
variance,
the
proposed
project
meets
this
requirement.

4. The
proposed
height
and
massing
of
the
project
is
consistent
with
applicable
standards
and
compatible
with
adjacent
development;
The
project
proposes
the
maximum
building
height
of
30 feet,
which
is
consistent
with
the
30-foot-maximum
building
height
permitted
in
the
C-1
Zone.

The
project
site
is
adjacent
to
single-story
developments,
and
the
project
proposes
a
mix
of
single
and
two-story
buildings
to
control
massing
and
achieve
compatibility
with
the
site's
surroundings.

Building
A
(two
story)
will
be
located
closest
to
the
existing
development
to
the
north
at
a
5-foot
setback.

The
lot
immediately
north
of
the
project
site
is
a
30-foot
wide
vacant
parcel,
which
is
developed
with
an
underground
stormwater
pipe
as
a
part
of
the
Riverside
County's
stormwater
network.

Hence,
the
chance
of
the
undeveloped
parcel
being
developed
is
very
unlikely.

The
separation
distance
will
minimize
the
visual
impact
of
the
project.

5. The
proposed
setbacks
and
placement
of
the
building
are
consistent
with
applicable
standards
and
consistent
with
setbacks
of
adjacent
buildings; The
proposed
project
meets
all
of
the
setback
requirements
except
for
a
Item 2B - Page 63
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TTM
38190,

6.560
VAR
February
8,
2023
Page
9 portion
of
Building
A,
which
is
located
along
the
north
property
line.

The
minimum
yard
setback
requirement
is
determined
by
the
zone
designation
of
the
adjacent
parcel.

The
zone
designation
of
the
neighboring
property
is
split
into
CBD
(east
half)
and
R-2
(west
half).

Although
the
proposed
5-
foot
setback
conforms
to
the
yard
setback
requirement
for
the
east
side
half,
the
area
immediately
adjacent
to
the
R-2
Zone
does
not
meet
the
20-
foot-minimum
yard
setback
requirement.

The
applicant
has
filed
a
Variance
application
to
address
the
setback
issue.

A
condition
of
approval
requires
the
approval
of
the
Major
Development
Permit
application
be
contingent
upon
the
approval
of
Case

6.560
VAR.

As
conditioned,
and
with
approval
of
the
variance,
the
project
meets
this
requirement.

6. The
site
for
the
proposed
project
has
adequate
access
to
streets
and
highways
properly
designed
and
improved
to
carry
the
type
and
quantity
of
traffic
to
be
generated
by
the
proposed
uses,
and
the
design
for
the
site
plan
enhances
or
continues
the
city's
existing
grid
in
accordance
with
the
Circulation
Plan
of
the
General
Plan;
The
traffic
scoping
letter
concludes
that
the
proposed
project
is
anticipated
to
generate
a
total
of
457
trip-ends
per
day
with
22 vehicles
per
hour
during
the
AM
peak
hour
and
49 vehicles
per
hour
during
the
PM
peak
hour.

The
anticipated
number
of
trips
during
the
peak
hour
is
less
than
50,
and
the
traffic
impact
on
the
nearest
intersections
at
North
Belardo
Road/West
Chino
Drive
and
North
Palm
Canyon
Drive/West
Chino
Drive
will
be
minimal.

The
main
access
to
the
site
will
be
located
approximately
175
feet
away
from
the
intersection
of
North
Belardo
Road
and
West
Chino
Drive,
and
it will
not
affect
the
existing
street
network.

7. On-site
circulation
conforms
to
m,mmum
standards,
and
accommodations
are
made
for
safe
on-site
pedestrian
circulation;
The
proposed
parking
lot
and
driveway
design
meet
the
requirements
of
Palm
Springs
Zoning
Code
Section

93.06.00 ("Off-Street
Parking").

Controlled
access
gates
and
bay
parking
may
be
approved
subject
to
Planning
Commission
review
(PSZC
Sections
93 .06.00.C.11
and
PSZC
Section

93.05.00.E).

92.12.03(D)(2)(a),
a
Item 2B - Page 64
Planning
Commission
Resolution
No
. 6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
February
8,
2023
Page
10 minimum
50%
of
the
yard
setback
area
needs
to
be
maintained
in
decorative
landscaping
and
the
reminder
may
be
maintained
in
decorative
paving.

Additionally,
a
5-foot-wide
landscape
buffer
is
required
along
the
north
elevation
of
Building
A,
which
abuts
a
residential
zone
(PSZC
Section

92.12.03.D.2.b).

The
project
site
is
designed
to
meet
these
perimeter
landscaping
requirements.

The
main
stormwater
retention
is
proposed
under
the
main
driveway,
and
an
additional
stormwater
collection
point
is
proposed
near
the
courtyard.

The
proposed
project
includes
8-foot-high
walls
in
selected
areas
along
the
north
property
line
for
which
the
applicant
is
seeking
Variance
approval.

A
condition
of
approval
requires
the
approval
of
the
Major
Development
Permit
application
be
contingent
upon
the
approval
of
Case

6.560
VAR.

As
conditioned,
and
with
approval
of
the
variance,
the
project
meets
this
requirement.

9. Public
infrastructure,
such
as
water,
sewer,
and
similar
utilities,
is
adequate
to
serve
the
proposed
project;
The
proposed
project
site
is
located
in
an
urban
area
surrounded
by
existing
developments,
public
infrastructures
are
available
to
serve
the
proposed
project.

10. Based
on
environmental
review,
the
proposed
project
either
has
no
potentially
significant
environmental
impacts,
any
potentially
significant
impacts
have
been
reduced
to
less
than
significant
levels
because
of
mitigation
measures
incorporated
in
the
project,
or
a
Statement
of
Overriding
Considerations
has
been
adopted
to
address
unmitigated
significant
environmental
impacts;
An
Initial
Study
(IS)
was
conducted,
and
a
Mitigated
Negative
Declaration
(MND)
has
been
prepared
for
the
proposed
project.

With
the
implementation
of
the
proposed
mitigation
measures,
any
potential
significant
impacts
can
be
reduced
to
less
than
significant.

11. The
proposed
project
has
no
unacceptable
adverse
effects
on
public
welfare,
health
or
safety.

The
project
proposes
a
mixed-use
project
which
includes
24 residential
condominiums
and
a
5,411-square-foot
commercial
space
which
is
intended
for
retail
uses.

These
uses
are
compatible
with
the
surrounding
developments
which
are
commercial
and
professional
offices,
and
they
do
not
pose
any
unacceptable
adverse
effects
on
public
welfare,
health,
or
Item 2B - Page 65
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
safety.

Section
6:

Controlled
Access.

February
8,
2023
Page
11 The
Findings
for
the
Planning
Commission
to
approve
controlled
access
are
stated
in
PSZC
Sections

93.06.00.C.11
and
PSZC
Section

93.05.00.E). "Controlled
access
is
discouraged.

Controlled
access
to
developments
shall
only
be
approved
by
the
Planning
Commission
where
the
applicant
can
establish
that
the
development
will
be
significantly
impacted
by
unauthorized
parking
from
adjacent
uses
or
traffic
impacts
from
adjacent
uses
beyond
the
design
capacity
of
the
internal
streets,
and
will
not
negatively
impact
unauthorized
parking,
traffic,
or
public
safety
at
adjacent
uses.

When
considering
applications
for
controlled
access,
the
Planning
Commission
shall
evaluate
the
use
of
parking
restrictions
or
traffic
calming
measures
first
as
an
alternative
to
controlled
access.

Where
controlled
access
to
a
development
is
proposed
by
the
use
of
guardhouses,
gates
or
other
similar
controls,
the
design
of
such
access
shall
incorporate
such
features
as
service
and
emergency
access,
on-site
tum-around,
relevant
signing,
or
other
similar
features
as
may
be
required
by
the
Planning
Commission." "Proposed
off-street
parking
areas
designed
to
control
public
access
shall
require
planning
commission
approval
upon
recommendation
from
the
fire
and
police
departments
and
traffic
engineer.

Ingress
and
egress
design
should
include
vehicle
maneuvering
and
"stacking"
space
to
avoid
internal
and
external
traffic
conflict.
"
The
proposed
mixed-use
development
includes
a
commercial
use
which
will
be
accessible
to
the
general
public.

It
can
be
argued
that
this
condition
makes
the
site
more
susceptible
to
unauthorized
parking
compared
to
a
residential-only
development
where
drivers
are
generally
limited
to
the
residents.

A
lack
of
controlled
access
can
lead
to
unauthorized
parking
within
the
community
which
can
potentially
interfere
with
the
site's
vehicular
circulation
and
public
safety
(e.g.
parking
in
fire
lane,
blocking
garage
doors),
and
gates
would
give
clear differentiation
for
the
visitors
to
identify
which
area
is
accessible
to
non-residents
and
which
area
is
not.

The
entry
on
North
Belardo
Road
is
designed
with
a
gate
house
and
a
turn-around
area,
which
is
designed
with
sufficient
space
to
accommodate
traffic
congestion.

NOW,

THEREFORE,
BE
IT

RESOLVED
that,
based
upon
the
foregoing,
the
Planning
Commission
hereby
approves
Case

3.4191

MAJ/DEV
and
Case

6.560
VAR
and
Item 2B - Page 66
Planning
Commission
Resolution
No.
6939
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,

6.560
VAR
February
8,
2023
Page
12 recommends
approval
of
Case

5.1541
CZ
and
Case
TIM
38190
to
the
City
Council
subject
to
those
conditions
set
forth
in
the
Exhibit
A.

ADOPTED
THIS
8th
DAY
of
February,
2023.

AYES:

HIRSCHBEIN,

AYLAIAN,

MILLER,
ERVIN,

MORUZZI,

WEREMIUK
NOES: ABSENT: ABSTAIN:

ROBERTS
~ALM

SPRINGS,

CALIFORNIA
Christopher
Hadwin
Director
of
Planning
Services
Item 2B - Page 67

RESOLUTION
NO.
6939

EXHIBIT
A
Case

5.1541CZ;
Case
TTM
38190;
Case

3.4191
MAJ/DEV;

6.560
VAR
Old
Las
Palmas
Partners,
LLC
575
North
Palm
Canyon
Drive
February
8,
2023

CONDITIONS
OF

APPROVAL
Before
final
acceptance
of
the
project,
all
conditions
listed
below
shall
be
completed
to
the
satisfaction
of
the
City
-Engineer,
Planning
Services
Director,
Building
Official,
the
Chief
of
Police,
the
Fire
Chief
or
their
designee,
depending
on
which
department
recommended
the
condition.

Any
agreements,
easements
or
covenants
required
to
be
entered
into
shall
be
in
a
form
approved
by
the
City
Attorney.

ADMINISTRATIVE

CONDITIONS
ADM

1. Project
Description.

This
approval
is
for
the
project
described
per
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,
and

6.560
VAR;
except
as
modified
with
the
approved
Mitigation
Monitoring
Program
and
the
conditions
below.

ADM

2. Conform
to
all
Codes
and
Regulations.

The
project
shall
conform
to
the
conditions
contained
herein,
all
applicable
regulations
of
the
Palm
Springs
Zoning
Ordinance,
Municipal
Code,
and
any
other
City
County,
State
and
Federal
Codes,
ordinances,
resolutions
and
laws
that
may
apply.

ADM

3. Indemnification.

The
owner
shall
defend,
indemnify,
and
hold
harmless
the
City
of
Palm
Springs,
its
agents,
officers,
and
employees
from
any
claim,
action,
or
proceeding
against
the
City
of
Palm
Springs
or
its
agents,
officers
or
employees
to
attach,
set
aside,
void
or
annul,
an
approval
of
the
City
of
Palm
Springs,
its
legislative
body,
advisory
agencies,
or
administrative
officers
concerning
Case
Nos.

5.1541
CZ,

3.4191

MAJ/DEV,
TIM
38190,
and

6.560
VAR.

The
City
of
Palm
Springs
will
promptly
notify
the
applicant
of
any
such
claim,
action,
or
proceeding
against
the
City
of
Palm
Springs
and
the
applicant
will
either
undertake
defense
of
the
matter
and
pay
the
City's
associated
legal
costs
or
will
advance
funds
to
pay
for
defense
of
the
matter
by
the
City
Attorney.

If
the
City
of
Palm
Springs
fails
to
promptly
notify
the
applicant
of
any
such
claim,
action
or
proceeding
or
fails
to
cooperate
fully
in
the
defense,
the
applicant
shall
not,
thereafter,
be
responsible
to
defend,
1 Item 2B - Page 68
indemnify,
or
hold
harmless
the
City
of
Palm
Springs.

Notwithstanding
the
foregoing,
the
City
retains
the
right
to
settle
or
abandon
the
matter
without
the
applicant's
consent
but
should
it
do
so,
the
City
shall
waive
the
indemnification
herein,
except,
the
City's
decision
to
settle
or
abandon
a
matter
following
an
adverse
judgment
or
failure
to
appeal,
shall
not
cause
a
waiver of
the
indemnification
rights
herein.

ADM

4. Maintenance
and
Repair.

The
property
owner(s)
and
successors
and
assignees
in
interest
shall
maintain
and
repair
the
improvements
including
and
without
limitation
all
structures,
sidewalks,
parking
areas,
landscape,
irrigation,
lighting,
signs,
walls,
and
fences
between
the
curb
and
property
line,
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.

ADM

5. Right
to
Appeal.

Decisions
of
an
administrative
officer
or
agency
of
the
City
of
Palm
Springs
may
be
appealed
in
accordance
with
Municipal
Code
Chapter

2.05.00. ADM

6. Public
Art
Fees.

This
project
shall
be
subject
to
Chapters

2.24 and

3.37 of
the
Municipal
Code
regarding
public
art.

The
project
shall
either
provide
public
art
or
payment
of
an
in-lieu
fee.

In
the
case
of
the
in-lieu
fee,
the
fee
shall
be
based
upon
the
total
building
permit
valuation,
the
fee
being
1 /2%
for
commercial
projects
or
1/4%
for
residential
projects
with
first
$100,000
of
total
building
permit
valuation
for
individual
single-family
units
exempt.

Should
the
public
art
be
located
on
the
project
site,
said
location
shall
be
reviewed
and
approved
by
the
Director
of
Planning
and
Zoning
and
the
Public
Arts
Commission,
and
the
property
owner
shall
enter
into
a
recorded
agreement
to
maintain
the
art
work
and
protect
the
public
rights
of
access
and
viewing.

ADM

7. Park
Development
Fees.

The
developer
shall
dedicate
land
or
pay
a
fee
in
lieu
of
a
dedication,
at
the
option
of
the
City.

The
in-lieu
fee
shall
be
computed
pursuant
to
Ordinance
No.
1632,
Section
IV,
by
multiplying
the
area
of
park
to
be
dedicated
by
the
fair
market
value
of
the
land
being
developed
plus
the
cost
to
acquire
and
improve
the
property
plus
the
fair
share contribution,
less
any
credit
given
by
the
City,
as
may
be
reasonably
determined
by
the
City
based
upon
the
formula
contained
in
Ordinance
No.
1632.

The
developer
shall
provide
the
most
current
appraisal
prepared
by
a
licensed
or
qualified
appraiser
to
the
Department
of
Building
&
Safety
prior
to
the
issuance
of
a
building
permit.

In
accordance
with
the
Ordinance,
the
following
areas
or
features
shall
not
be
eligible
for
private
park
credit:
golf
courses,
yards,
court
areas,
setbacks,
development
edges,
slopes
in
hillside
areas
(unless
the
area
includes
a
public
trail)
landscaped
development
entries,
meandering
streams,
land
held
as
open
space
for
wildlife
habitat,
flood
retention
facilities
and
circulation
improvements
such
as
bicycle,
hiking
2 Item 2B - Page 69
CC&R's ADM

1. ADM2.
and
equestrian
trails
(unless
such
systems
are
directly
linked
to
the
City's
community-wide
system
and
shown
on
the
City's
master
plan).

The
applicant
prior
to
issuance
of
building
permits
shall
submit
a
draft
declaration
of
covenants,
conditions
and
restrictions
("CC&R's")
to
the
Director
of
Planning
and
Zoning
for
approval
in
a
form
to
be
approved
by
the
City
Attorney,
to
be
recorded
prior
to
approval
of
a
final
map.

The
CC&R's
shall
be
enforceable
by
the
City,
shall
not
be
amended
without
City
approval,
shall
require
maintenance
of
all
property
in
a
good
condition
and
in
accordance
with
all
ordinances.

At
the
time
of
filing
of
the
CC&R's,
the
applicant
shall
submit
to
the
City
of
Palm
Springs,
a
deposit
in
the
amount
of
$809
plus
$4,285
(Deposit),
for
the
review
of
the
CC&R's
by
the
City
Attorney.

An
additional
filing
fee
shall
also
be
paid
to
the
City
Planning
Department
for
administrative
review
purposes.

RIVERSIDE
COUNTY
FLOOD

CONTROL
&
WATER

CONSERVATION
DISTRICT:

RCFC

1. An
encroachment
permit
shall
be
obtained
for
any
construction
related
activities
occurring
within
District
right
of
way
or
facilities,
namely,
Tachevah
Creek-Detention
Dam
(storm
drain
outlet).

If
a
proposed
storm
drain
connection
exceeds
the
hydraulic
performance
of
the
existing
drainage
facilities,
mitigation
will
be
required.

For
further
information,
contact
the
District's
Encroachment
Permit
Section
at
951.955.1266.

CALIFORNIA

DEPARTMENT
OF
FISH
AND
WILDLIFE:

CDFW-1.

ENVIRONMENTAL
DATA.

CEQA
requires
that
information
developed
in
environmental
impact
reports
and
negative
declarations
be
incorporated
into
a
database
which
may
be
used
to
make
subsequent
or
supplemental
environmental
determinations.
(Pub.

Resources
Code,
§
21003,
subd.
(e).)
Accordingly,
report
any
special-status
species
and
natural
communities
detected
during
Project
surveys
to
the
California
Natural
Diversity
Database
(CNDDB).

The
CNNDB
field
survey
form
can
be
filled
out
and
submitted
online
at
the
following
link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data.

The
types
of
information
reported
to
CNDDB
can
be
found
at
the
following
link:
https://www.wildlife.ca.gov/Data/CNDDB/Plantsand-Animals.

CDFW-2.

ENVIRONMENTAL

DOCUMENT
FILING
FEES.

The
Project,
as
proposed,
would
have
an
impact
on
fish
and/or
wildlife,
and
assessment
of
environmental
document
filing
fees
is
necessary.

Fees
are
payable
upon
filing
of
the
Notice
of
Determination
by
the
Lead
Agency
and
serve
to
help
defray
the
cost
of
environmental
review
by
CDFW.

Payment
of
the
3 Item 2B - Page 70
environmental
document
filing
fee
is
required
in
order
for
the
underlying
project
approval
to
be
operative,
vested,
and
final.
(Cal.Code
Regs,
tit.
14,
§
753.5;
Fish
&
G.

Code,§
711.4;
Pub.

Resources
Code,§
21089.)

ENVIRONMENTAL

ASSESSMENT

CONDITIONS
ENV

1. The
applicant
shall
pay
the
THCP
(Tribal
Habitat
Conservation
Plan)
Valley
Floor
Planning
Area
Fee
as
required
by
the
THCP.

ENV

2. California
Fish
&
Game
Fees
Required.

The
project
is
required
to
pay
a
fish
and
game
impact
fee
as
defined
in
Section
711.4
of
the
California
Fish
and
Game
Code.

This
CFG
impact
fee
plus
an
administrative
fee
for
filing
the
action
with
the
County
Recorder
shall
be
submitted
by
the
applicant
to
the
City
in
the
form
of
a
money
order
or
a
cashier's
check
payable
to
the
Riverside
County
Clerk
prior
to
the
final
City
action
on
the
project
( either
Planning
Commission
or
City
Council
determination).

This
fee
shall
be
submitted
by
the
City
to
the
County
Clerk
with
the
Notice
of
Determination.

Action
on
this
application
shall
not
be
final
until
such
fee
is
paid.

The
project
may
be
eligible
for
exemption
or
refund
of
this
fee
by
the
California
Department
of
Fish
&
Game.

Applicants
may
apply
for
a
refund
by
the
CFG
at
www.dfg.ca.gov
for
more
information.

ENV

3. Mitigation
Monitoring.

The
mitigation
measures
of
the
environmental
assessment
shall
apply.

The
applicant
shall
submit
a
signed
agreement
that
the
mitigation
measures
outlined
as
part
of
the
Mitigated
Negative
Declaration
will
be
included
in
the
plans
prior
to
Planning
Commission
consideration
of
the
environmental
assessment.

ENV

4. Cultural
Resource
Site
Monitoring.

There
is
a
possibility
of
buried
cultural
or
Native
American
tribal
resources
on
the
site.

A
Native
American
Monitor
shall
be
present
during
all
ground-disturbing
activities.
a).

A
Native
American
Monitor(s)
shall be
present
during
all
ground
disturbing
activities
including
clearing
and
grubbing,
excavation,
burial
of
utilities,
planting
of
rooted
plants,
etc.

Contact
the
Agua
Caliente
Band
of
Cahuilla
Indian
Cultural
Office
for
additional
information
on
the
use
and
availability
of
Cultural
Resource
Monitors.

Should
buried
cultural
deposits
be
encountered,
the
Monitor
shall
contact
the
Director
of
Planning.

After
consultation
the
Director
shall
have
the
authority
to
halt
destructive
construction
and
shall
notify
a
Qualified
Archaeologist
to
further
investigate
the
site.

If
necessary,
the
Qualified
Archaeologist
shall
prepare
a
treatment
plan
for
submission
to
the
State
Historic
Preservation
Officer
and
Agua
Caliente
Cultural
Resource
Coordinator
for
approval.
b).

Two
copies
of
any
cultural
resource
documentation
generated
in
connection
with
this
project,
including
reports
of
investigations,
record
search
results
and
site
records/updates
shall
be
forwarded
to
the
Tribal
4 Item 2B - Page 71
Planning,
Building,
and
Engineering
Department
and
one
copy
to
the
City
Planning
Department
prior
to
final
inspection.

BIOLOGICAL

RESOURCES
810-1. 810-2. 810-3.

Nesting
bird
surveys
shall
be
performed
by
a
qualified
avian
biologist
no
more
than
(3)
days
prior
to
vegetation
removal
or
ground-disturbing
activities.

Pre-construction
surveys
shall
focus
on
both
direct
and
indirect
evidence
of
nesting,
including
nest
locations
and
nesting
behavior.

The
qualified
avian
biologist
will
make
every
effort
to
avoid
potential
nest
predation
as
a
result
of
survey
and
monitoring
efforts.

If
active
nests
are
found
during
the
preconstruction
nesting
bird
surveys,
a
qualified
biologist
shall
establish
an
appropriate
nest
buffer
to
be
marked
on
the
ground.

Nest
buffers
are
species
specific
and
shall
be
at
least
300
feet
for
passerines
and
500
feet
for
raptors.

A
smaller
or
larger
buffer
may
be
determined
by
the
qualified
biologist
familiar
with
the
nesting
phenology
of
the
nesting
species
and
based
on
nest
and
buffer
monitoring
results.

Established
buffers
shall
remain
on
site
until
a
qualified
biologist
determines
the
young
have
fledged
or
the
nest
is
no
longer
active.

Active
nests
and
adequacy
of
the
established
buffer
distance
shall
be
monitored
daily
by
the
qualified
biologist
until
the
qualified
biologist
has
determined
the
young
have
fledged
or
the
Project
has
been
completed.

The
qualified
biologist
has
the
authority
to
stop
work
if
nesting
pairs
exhibit
signs
of
disturbance. Prior
to
construction
and
issuance
of
any
grading
permit,
the
City
of
Palm
Springs
shall
ensure
compliance
with
the
Coachella
Valley
Multiple
Species
Habitat
Conservation
Plan
(CVMSHCP)
and
its
associated
Implementing
Agreement
and
shall
ensure
the
collection
of
payment
of
the

CVMSHCP
Local
Development
Mitigation
Fee.

Pre-construction
burrowing
owl
surveys
shall
be
conducted
no
less
than
14 days
prior
to
the
start
of
Project-related
activities
and
within
24 hours
prior
to
ground
disturbance,
in
accordance
with
the
Staff
Report
on
Burrowing
Owl
Mitigation
(CDFG
2012
or
most
recent
version).

Pre
construction
surveys
should
be
performed
by
a qualified
biologist
following
the
recommendations
and
guidelines_provided
in
the
Staff
Report
on
Burrowing
Owl
Mitigation.

If
the
pre-construction
surveys
confirm
occupied
burrowing
owl
habitat,
Project
activities
shall
be
immediately
halted.

The
qualified
biologist
shall
coordinate
with
CDFW
and
USFWS
to
conduct
an
impact
assessment
to
develop
avoidance
and
minimization
measures
to
be
approved
by
CDFW
prior
to
commencing
Project
activities.

CULTURAL

RESOURCES
CUL-1.

If
buried
cultural
materials
are
discovered
during
the
earth-moving
operations,
all
work
in
that
area
shall
be
halted
or
diverted
until
a
qualified
5 Item 2B - Page 72
CUL-2.
archaeologist
can
evaluate
the
nature
and
significance
of
the
finds
and,
if
necessary,
develop
a
treatment
plan
in
consultation
with
the
City
of
Palm
Springs
and
the
appropriate
Native
American
tribes.

In
the
unexpected
event
human
remains
are
uncovered
during
construction
activities,
all
construction
work
taking
place
within
the
vicinity
of
the
discovered
remains
must
cease
and
the
necessary
steps
to
ensure
the
integrity
of
the
immediate
area
must
be
taken.

The
County
Coroner
must
be
notified
within
24 hours
of
the
discovery
of
human
remains.

If
the
remains
discovered
are
determined
by
the
coroner
to
be
of
Native
American
descent,
the
coroner
shall
contact
the
Native
American
Heritage
Commission
(NAHC)
within
24 hours.

The
NAHC
would
in
turn
contact
the
Most
Likely
Descendant
(MLD)
who
would
determine
further
action
to
be
taken. The
MLD
would
have
48 hours
to
access
the
site
and
make
a
recommendation
regarding
disposition
of
the
remains.

TRIBAL

CULTURAL

RESOURCES
TBL-1. TBL-2.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
obtain
written
approval
to
proceed
with
construction
from
the
Los
Coyotes
Band
of
Cahuilla
and
Cupeno
Indians
and
Agua
Caliente
Band
of
Cahuilla
Indians,
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist.

The
applicant
shall
contact
the
Tribal
Historic
Preservation
Officer
or
the
Tribal
Archaeologist
at
(760)
699-6800,
to
determine
their
requirements,
if
any,
associated
with
grading
or
other
construction.

The
applicant
is
advised
to
contact
the
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist
as
early
as
possible.

If
required,
it
is
the
responsibility
of
the
applicant
to
coordinate
scheduling
of
Tribal
monitors
during
grading
or
other
construction,
and
to
arrange
payment
of
any
required
fees
associated
with
Tribal
monitoring.

The
applicant
shall
coordinate
scheduling
of
Agua
Caliente
Tribal
cultural
monitors
during
grading
or
other
construction,
and
to
arrange
payment
of
any
required
fees
associated
with
Tribal
monitoring.

Prior
to
the
commencement
of
ground
disturbing
activities,
the
applicant
shall
contact
the
Tribal
Historic
Preservation
Office
at
ACBCI
[email protected]
to
arrange
cultural
monitoring.

PLANNING

DEPARTMENT

CONDITIONS
PLN

1. Approval
of
Case

3.4191

MAJ/DEV,
Case
TTM
38190,
and

6.560
VAR
shall
be
contingent
upon
approval
of
Case

5.1541
CZ
by
the
City
Council.

PLN

2. Approval
of
Case

3.4191

MAJ/DEV
shall
be
contingent
upon
approval
of
Case 6.560
VAR
by
the
Planning
Commission.

PLN

3. Approval
of
Case
TTM
38190
shall
be
contingent
upon
approval
of
Case
6 Item 2B - Page 73

6.560
VAR
by
the
Planning
Commission.

PLN

4. Construction
of
any
residential
unit
shall
meet
minimum
soundproofing
requirements
prescribed
pursuant
to
Section
1092
and
related
sections
of
Title
25 of
the
California
Administrative
Code.

Compliance
shall
be
demonstrated
to
the
satisfaction
of
the
Director
of
Building
and
Safety.

PLN

5. The
street
address
numbering/lettering
shall
not
exceed
eight
inches
in
height.

PLN

6. Tentative
Tract
Maps
shall
be
valid
for
a
period
of
two
(2)
years.

Extensions
of
time
may
be
granted
by
the
Planning
Commission
upon
demonstration
of
good
cause.

PLN

7. Prior
to
issuance
of
a
grading
permit,
a
Fugitive
Dust
and
Erosion
Control
Plan
shall
be
submitted
and
approved
by
the
Building
Official.

Refer
to
Chapter

8.50 of
the
Municipal
Code
for
specific
requirements.

PLN

8. 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.

PLN

9. 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.

PLN

10. Outdoor
Lighting
Conformance.

Outdoor
lighting
shall
fully
conform
to
the
requirements
of
Palm
Springs
Zoning
Code
and
shall
not
produce
disability
glare,
discomfort
glare,
light
trespass,
and/or
light
pollution
as
defined
in
Palm
Springs
Zoning
Cod
Sections

93.21.00(A)(?),
(8),
(9),
and
(10).

PLN

11. Water
Efficient
Landscaping
Conformance.

The
project
is
subject
to
the
Water
Efficient
Landscape
Ordinance
(Chapter

8.60.00)
of
the
Palm
Springs
Municipal Code
and
all
other
water
efficient
landscape
ordinances.

The
applicant
shall
submit
a
landscape
and
irrigation
plan
to
the
Director
of
Planning
for
review
and
approval
prior
to
the
issuance
of
a
building
permit.

Landscape
plans
shall
be
wet
stamped
and
approved
by
the
Riverside
County
Agricultural
Commissioner's
Office
prior
to
submittal.

Prior
to
submittal
to
the
City,
landscape
plans
shall
also
be
certified
by
the
local
water
agency
that
they
are
in
conformance
with
the
water
agency's
and
the
State's
Water
Efficient
Landscape
Ordinances.
7 Item 2B - Page 74
PLN

12. Sign
Applications
Required.

No
signs
are
approved
by
this
action.

Separate
approval
and
permits
shall
be
required
for
all
signs
in
accordance
with
Zoning
Ordinance
Section

93.20.00. PLN

13. Screen
Roof-mounted
Equipment.

All
roof
mounted
mechanical
equipment
shall
be
screened
per
the
requirements
of
Section

93.03.00 of
the
Zoning
Ordinance.

PLN

14. Surface
Mounted
Downspouts
Prohibited.

No
exterior
downspouts
shall
be
permitted
on
any
facade
on
the
proposed
building(s)
that
are
visible
from
adjacent
streets
or
residential
and
commercial
areas.

PLN

15. Exterior
Alarms
&
Audio
Systems.

No
sirens,
outside
paging
or
any
type
of
signalization
will
be
permitted,
except
approved
alarm
systems.

PLN

16. Outside
Storage
Prohibited.

No
outside
storage
of
any
kind
shall
be
permitted
except
as
approved
as
a
part
of
the
proposed
plan.

PLN

17. ARC
Review.

The
proposed
project
is
subject
to
Architectural
Review
Committee
(ARC)
review
pursuant
to
Palm
Springs
Zoning
Code
Section

94.04.00. The
Major
Architectural
Review
(MAJ)
application
and
materials/plans
for
review
by
the
ARC
shall
include
any
revisions
identified
in
these
conditions.

PLN

18. Commercial
Use.

The
5,411-square-foot
commercial
space
on
the
ground
floor
along
North
Palm
Canyon
Drive
shall
be
utilized
for
retail
uses.

The
commercial
space
shall
not
be
reduced
in
size
or
utilized
for
other
purposes
in
order
for
the
mixed-use
project
to
be
in
conformance
with
the
General
Plan
density
requirement
of
the
CBD
land
use
designation.

PLN

19. Encroach
License
Required.

An
encroach
license
approved
by
the
City
Council
is
required
for
any
architectural
feature
which
projects
into
the
5-foot
sidewalk
easement
along
North
Palm
Canyon
Drive.

PLN

20. (ADDED)
Architectural
Review
Committee
(ARC)
shall
review
the
architectural
and
landscape
treatment
along
the
north
elevation
with
increased
enhancement.

PLN

21. (ADDED)
Architectural
Review
Committee
(ARC)
shall
review
the
landscape
design
(e.g.
possible
shade
trees
in
the
interior
space
of
the
development).

PLN

22. (ADDED)
Staff
shall
work
with
the
Historic
Site
Preservation
Board
(HSPB)
to
install
a
plaque
on
the
existing
marker.
8 Item 2B - Page 75

ENGINEERING

DEPARTMENT

CONDITIONS
The
Engineering
Services
Department
recommends
that
if
this
application
is
approved,
such
approval
is
subject
to
the
following
conditions
being
completed
in
compliance
with
City
standards
and
ordinances.

Before
final
acceptance
of
the
project,
all
conditions
listed
below
shall
be
completed
to
the
satisfaction
of
the
City
Engineer.

All
Grading
Plans,
Improvement
Plans,
Required
Studies
and
Documents
listed
below,
must
be
submitted
to
Engineering
Services
Department
for
review
and
approval. GENERAL ENG

1. ENG2. ENG

3. Any
improvements
within
the
public
right-of-way
require
a
City
of
Palm
Springs
Encroachment
Permit.

All
improvements
are
subject
to
inspection
and
a
24 to
48 hour inspection
notification
is
required.

The
applicant
shall
obtain
all
necessary
approvals
(Encroachment
Permit
and/or
Cooperative
Agreement)
from
the
Riverside
County
Flood
Control
and
Water
Conservation
District
(RCFC)
for
all
construction
required
within
the
RCFC
properties
identified
by
Assessor's
Parcel
Number
(APN)
505-302-023.

A
copy
of
RCFC
required
approvals
shall
be
provided
to
the
City
Engineer
prior
to
the
issuance
of
any
permit.

Submit
street
improvement
plans
prepared
by
a
registered
California
civil
Engineer
to
the
Engineering
Services
Department.

The
plan(s)
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
any
building
permits.

NORTH
PALM
CANYON
DRIVE
ENG4. ENG

5. Dedicate
additional
right-of-way
to
provide
the
ultimate
half
street
right
of-way
width
of
50 feet
along
the
entire
frontage,
together
with
a
property
line
-
corner
cut-back
at
the
northwest
corner
of
the
intersection
of
North
Palm
Canyon
Drive
and
Chino
Drive,
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
105.

A
current
title
report;
or
a
copy
of
a
current
tax
bill
and
a
copy
of
a
vesting
grant
deed
shall
be
provided
to
verify
current
property
ownership.

A
right-of-way
plan
check
fee
shall
be
paid
by
the
applicant
in
effect
at
the
time
that
the
dedication
is
submitted.
(DELETED)
Construct
a
minimum
24 f.eet
v1ide
emergency
access
driveway
approach
located
210
feet
north
of
the
centerline
of
Chino
Dri>.«e
in
accordance
with
City
of
Palm
Springs
Standard
Drm¥ing
No.
9 Item 2B - Page 76
ENG6. ENG7. ENG

8. ENG

9. ENG

10. ENG

11. ENG

12. 201.

The
assess
shall
be
gated
and
looked;
and
Knox
look
box
and
key
provided
to
the
Fire
Department
for
emergency
assess.
(DELETED)
Remmm
andlor
relocate
existing
parking
spaces
located
on
North
Palm
Canyon
Dri\<e
directly
adjacent
to
emergency
assess
driveway
approach.

Construct
sidewalk
from
back
of
curb
to
property
line
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.

Construct
a
Type
A
curb
ramp
meeting
current
California
State
Accessibility
standards
at
the
northwest
corner
of
the
intersection
of
North
Palm
Canyon
Drive
and
Chino
Drive
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
212.

Remove
and
replace
the
existing
curb
return
and
curb
ramp
at
the
northwest
corner
of
Chino
Drive
and
North
Palm
Canyon
Drive,
historic
monument
to
be
protected
in
place.

And
replace
with
a
traffic
calming
curb
return
"bump-out"
to
match
existing
located
on
the
southwest
corner
of
Chino
Drive
and
North
Palm
Canyon
Drive
and
construct
a
Type
A
ramp
as
field
condition
require
curb
ramp
meeting
current
California
State
Accessibility
standards
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
212.

Contact
the
Director
of
Facilities
to
determine
if the
existing
palm
trees,
irrigation,
and
street
lights
along
the
North
Palm
Canyon
Drive
frontage
will
have
to
be
replaced
and/or
upgraded
in
conjunction
with
this
project. Remove
and
replace
existing
asphalt
concrete
pavement
where
required,
in
accordance
with
applicable
City
standards.

All
broken
or
off
grade
street
improvements
along
the
project
frontage
shall
be
repaired
or
replaced.

CHINO
DRIVE
ENG

13. ENG

14. Construct
a 6
inch
curb
and
gutter,
24 feet
north
of
centerline
along
the
entire
frontage,
with
a
25 feet
radius
curb
return
at
the
northeast
corner
of
the
intersection
of
Chino
Drive
and
Belardo
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200.

Construct
a 5
feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.
10 Item 2B - Page 77
ENG

15. ENG

16. ENG

17. ENG

18. Construct
a
Type
B
curb
ramp
meeting
current
California
State
Accessibility
standards
at
the
northeast
corner
of
the
intersection
of
Chino
Drive
and
Belardo
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
213.

Construct
pavement
with
a
minimum
pavement
section
of
3 inches
asphalt
concrete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
from
edge
of
proposed
gutter
to
clean
sawcut
edge
of
pavement
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
110.
(Additional
pavement
removal
and
replacement
may
be
required
upon
review
of
existing
pavement
cross
sections,
and
to
ensure
grade
breaks
of
the
pavement
cross-section
do
not
occur
within
a
travel
lane.)
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.

Remove
and
replace
existing
asphalt
concrete
pavement
where
required,
in
accordance
with
applicable
City
standards.

All
broken
or
off
grade
street
improvements
along
the
project
frontage
shall
be
repaired
or
replaced.

BELARDO
ROAD
ENG

19. ENG

20. ENG

21. ENG

22. Dedicate
a
property
line
-
corner
cut-back
at
the
corner
of
the
intersection
of
Belardo
Road
and
Chino
Drive,
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
105.

A
current
title
report;
or
a
copy
of
a
current
tax
bill
and
a
copy
of
a
vesting
grant
deed
shall
be
provided
to
verify
current
property
ownership.

A
right-of-way
plan
check
fee
shall
be
paid
by
the
applicant
in
effect
at
the
time
that
the
dedication
is
submitted.

Construct
a 6
inch
curb
and
gutter,
18 feet
east
of
centerline
along
the
entire
frontage
of
APN
505-302-023,
505-322-003
and
505-322-004
to
match
existing
improvements
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200.

Construct
a
driveway
approach
to
accommodate
bay
parking
stalls
along
a
portion
of
the
frontage
of
Belardo
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
201.

Bay
parking
stalls
shall
be
located
completely
on-site,
behind
sidewalk,
and
not
within
public
right
of-way. Construct
a
40 feet
wide
driveway
approach
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
205.
11 Item 2B - Page 78
ENG

23. ENG

24. ENG

25. ON-SITE ENG

26. ENG

27. ENG

28. Construct
a 5
feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
of
APN
505-302-023,
505-322-003
and
505-322-004
to
match
existing
improvements
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.

Construct
pavement
with
a
minimum
pavement
section
of
3 inches
asphalt
concrete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
from
edge
of
proposed
gutter
to
clean
sawcut
edge
of
pavement
along
the
entire
frontage
of
APN
505-302-023,
505-322-003
and
505-
322-004
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
110.
(Additional
pavement
removal
and
replacement
may
be
required
upon
review
of
existing
pavement
cross-sections,
and
to
ensure
grade
breaks
of
the
pavement
cross-section
do
not
occur
within
a
travel
lane.)
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.

All
broken
or
off
grade
street
improvements
along
the
project
frontage
shall
be
repaired
or
replaced.

For
on-site
bay
parking
in
residential
and
commercial
zones,
paving
material
shall
be
decorative
paving,
colored
and/or
patterned
to
relate
to
the
overall
design
in
accordance
with
Zoning
Code

93.06.00.C.15.e.

The
minimum
pavement
section
for
all
on-site
pavement
(drive
aisles,
parking
spaces)
shall
be
2-1/2
inches
asphalt
conc~ete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal.

If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.

The
gated
entry
is
subject
to
review
and
approval
by
the
City
Engineer
and
Fire
Marshall.

The
applicant
shall
provide
an
exhibit
showing
truck
turning
movements
around
the
entry,
demonstrating
the
ability
of
standard
size
vehicles
to
maneuver
through
the
entry
(without
reversing)
if
unable
to
enter
the
project.

A
minimum
of
50 feet
shall
be
provided
between
the
back
of
sidewalk
on
the
adjacent
street
and
the
gated
entry
directory/control
panel,
with
an
approved
maneuvering
area
provided
between
the
directory/control
panel
and
the
entry
gates.

The
ingress
and
egress
lanes
shall
be
a
minimum
of
20 feet
wide,
unless
otherwise
approved
by
the
Fire
Marshall.

A
Knox
key
operated
12 Item 2B - Page 79
ENG

29. ENG

30. ENG

31. switch
shall
be
installed
at
every
automatic
gate.

Secured
automated
vehicle
gates
or
entries
shall
utilize
a
combination
of
a
Tamar
Strobeswitch
TM,
or
approved
equal,
and
an
approved
Knox
key
electric
switch
when
required
by
the
fire
code
official.

Secured
non-automated
vehicle
gates
or
entries
shall
utilize
an
approved
padlock
or
chain
(maximum
link
or
lock
shackle
size
of
¼
inch)
when
required
by
the
fire
code
official.

In
the
event
of
a
power
failure,
the
gates
shall
be
defaulted
or
automatically
transferred
to
a
fail
safe
mode
allowing
the
gate
to
be
pushed
open
without
the
use
of
special
knowledge
or
any
equipment.

If
a
two-gate
system
is
used,
the
override
switch
must
open
both
gates.

All
on-site
drive
aisles
shall
be
two-way
with
a
minimum
24 feet
wide
travelway
(as
measured
from
face
of
curb)
where
no
on-street
parking
is
proposed.

On-site
drive
aisles
or
parking
lots
shall
be
constructed
with
curbs,
gutters,
and
cross-gutters,
as
necessary
to
accept
and
convey
street
surface
drainage
of
the
on-site
streets
to
the
on-site
drainage
system,
in
accordance
with
applicable
City
standards.

SANITARY
SEWER
All
sanitary
facilities
shall
be
connected
to
the
public
sewer
system
(via
the
proposed
on-site
private
sewer
system).

New
laterals
shall
not
be
connected
at
manholes.

GRADING ENG

32. Submit
a
Precise
Grading
Plan
prepared
by a
California
registered
Civil
engineer
to
the
Engineering
Services
Department
for
review
and
approval.

The
Precise
Grading
Plan
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
grading
permit.
a.

A
Fugitive
Dust
Control
Plan
shall
be
prepared
by
the
applicant
and/or
its
grading
contractor
and
submitted
to
the
Engineering
Services
Department
for
review
and
approval.

The
applicant
and/or
its
grading
contractor
shall
be
required
to
comply
with
Chapter

8.50 of
the
City
of
Palm
Springs
Municipal
Code,
and
shall
be
required
to
utilize
one
or
more
"Coachella
Valley
Best
Available
Control
Measures"
as
identified
in
the
Coachella
Valley
Fugitive
Dust
Control
Handbook
for
each
fugitive
dust
source
such
that
the
applicable
performance
standards
are
met.

The
applicant's
or
its
contractor's
Fugitive
Dust
Control
Plan
shall
be
prepared
by
staff
that
has
completed
the
South
Coast
Air
Quality
Management
District
(AQMD)
Coachella
Valley
Fugitive
Dust
Control
Class.

The
applicant
and/or
its
grading
contractor
shall
provide
the
Engineering
Services
Department
with
current
and
valid
Certificate(s)
of
Completion
from
AQMD
for
staff
that
13 Item 2B - Page 80
ENG

33. ENG

34. ENG

35. ENG

36. have
completed
the
required
training.

For
information
on
attending
a
Fugitive
Dust
Control
Class
and
information
on
the
Coachella
Valley
Fugitive
Dust
Control
Handbook
and
related
"PM1
O"
Dust
Control
issues,
please
contact
AQMD
at
(909)
396-3752,
or
at
http://www.AQMD.gov.

A
Fugitive
Dust
Control
Plan,
in
conformance
with
the
Coachella
Valley
Fugitive
Dust
Control
Handbook,
shall
be
submitted
to
and
approved
by
the
Engineering
Services
Department
prior
to
approval
of
the
Grading
plan.
b.

The
first
submittal
of
the
Grading
Plan
shall
include
the
following
information:
a
copy
of
final
approved
conformed
copy
of
Conditions
of
Approval;
a
copy
of
a
final
approved
conformed
copy
of
the
Site
Plan;
a
copy
of
current
Title
Report;
a
copy
of
Soils
Report;
and
a
copy
of
the
associated
Hydrology
Study/Report;
a
copy
of
the
project-specific
Final
Water
Quality
Management
Plan.

Prior
to
approval
of
a
Grading
Plan
(or
issuance
of
a
Grading
Permit),
the
applicant
shall
obtain
written
approval
to
proceed
with
construction
from
the
Agua
Caliente
Band
of
Cahuilla
Indians,
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist
( a
copy
of
the
written
approval
must
be
provided
to
the
City)
.

The
applicant
shall
contact
the
Tribal
Historic
Preservation
Officer
or
the
Tribal
Archaeologist
at
ACBCI
[email protected]
to
determine
their
requirements,
if
any,
associated
with
grading
or
other
construction.

The
applicant
is
advised
to
contact
the
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist
as
early
as
possible.

In
accordance
with
an
approved
PM-10
Dust
Control
Plan,
temporary
dust
control
perimeter
fencing
shall
be
installed.

Fencing
shall
have
screening
that
is
tan
in
color;
green
screening
will
not
be
allowed.

Temporary
dust
control
perimeter
fencing
shall
be
installed
after
issuance
of
Grading
Permit,
and
immediately
prior
to
commencement
of
grading
operations.

Temporary
dust
control
perimeter
fence
screening
shall
be
appropriately
maintained,
as
required
by
the
City
Engineer.

Cuts
(vents)
made
into
the
perimeter
fence
screening
shall
not
be
allowed.

Perimeter
fencing
shall
be
adequately
anchored
into
the
ground
to resist wind
loading.

Within
10 days
of
ceasing
all
construction
activity
and
when
construction
activities
are
not
scheduled
to
occur
for
at
least
30 days,
the
disturbed
areas
on-site
shall
be
permanently
stabilized,
in
accordance
with
Palm
Springs
Municipal
Code
Section

8.50.022.

Following
stabilization
of
all
disturbed
areas,
perimeter
fencing
shall
be
removed,
as
required
by
the
City
Engineer.
14 Item 2B - Page 81
ENG

37. ENG

38. ENG

39. ENG40. ENG

41. ENG

42. A
Notice
of
Intent
(NOi)
to
comply
with
the
California
General
Construction
Stormwater
Permit
(Water
Quality
Order
2009-0009-DWQ
as
modified
September
2,
2009)
is
required
for
the
proposed
development
via
the
California
Regional
Water
Quality
Control
Board
online
SMARTS
system.

A
copy
of
the
executed
letter
issuing
a
Waste
Discharge
Identification
(WDID)
number
shall
be
provided
to
the
City
Engineer
prior
to
issuance
of
a
grading
or
building
permit.

This
project
requires
preparation
and
implementation
of
a
stormwater
pollution
prevention
plan
(SWPPP).

As
of
September
4,
2012,
all
SWPPPs
shall
include
a
post-construction
management
plan
(including
Best
Management
Practices)
in
accordance
with
the
current
Construction
General
Permit.

Where
applicable,
the
approved
final
project-specific
Water
Quality
Management
Plan
shall
be
incorporated
by
reference
or
attached
to
the
SWPPP
as
the
Post-Construction
Management
Plan.

A
copy
of
the
up-to-date
SWPPP
shall
be
kept
at
the
project
site
and
be
available
for
review
upon
request.

In
accordance
with
City
of
Palm
Springs
Municipal
Code,
Section

8.50.022
(h),
the
applicant
shall
post
with
the
City
a
cash
bond
of
two
thousand
dollars
($2,000.00)
per
disturbed
acre
at
the
time
of
issuance
of
grading
permit
for
mitigation
measures
for
erosion/blowsand
relating
to
this
property
and
development.

A
Geotechnical/Soils
Report
prepared
by
a
California
registered
Geotechnical
Engineer
shall
be
required
for
and
incorporated
as
an
integral
part
of
the
grading
plan
for
the
proposed
development.

A
copy
of
the
Geotechnical/Soils
Report
shall
be
submitted
to
the
Engineering
Services
Department
with
the
first
submittal
of
a
grading
plan.

The
applicant
shall
provide
Grading
Certification
for
all
building
(or
structure)
pads
in
conformance
with
the
approved
grading
plan
to
the
Engineering
Services
Department
for
review
and
approval.

In
cooperation
with
the
California
Agricultural
Commissioner
and
the
California
Department
of
Food
and
Agriculture
Red
Imported
Fire
Ant
Project,
applicants
for
grading
permits
involving
a
grading
plan
and
involving
the
export
of
soil
will
be
required
to
present
a
clearance
document
from
a
Department
of
Food
and
Agriculture
representative
in
the
form
of
an
approved
"Notification
of
Intent
To
Move
Soil
From
or
Within
Quarantined
Areas
of
Orange,
Riverside,
and
Los
Angeles
Counties"
(Revised
-
RIFA
Form
CA-1)
prior
to
approval
of
the
Grading
Plan
(if
required).

The
California
Department
of
Food
and
Agriculture
office
is
located
at
6819
East
Gage
Avenue,
Commerce,
Ca
90040
(Phone(760)782-3271,(562)505-6415),[email protected]. 15 Item 2B - Page 82
WATER

QUALITY

MANAGEMENT
PLAN
ENG

43. ENG

44. ENG

45. DRAINAGE
This
project
shall
be
required
to
install
measures
in
accordance
with
applicable
National
Pollution
Discharge
Elimination
System
(NPDES)
Best
Management
Practices
(BMP's)
included
as
part
of
the
NPDES
Permit
issued
for
the
Whitewater
River
Region
from
the
Colorado
River
Basin
Regional
Water
Quality
Control
Board
(RWQCB).

The
applicant
is
advised
that
installation
of
BMP's,
including
mechanical
or
other
means
for
pre-treating
contaminated
stormwater
and
non-stormwater
runoff,
shall
be
required
by
regulations
imposed
by
the
RWQCB.

It
shall
be
the
applicant's
responsibility
to
design
and
install
appropriate
BMP's,
in
accordance
with
the
NPDES
Permit,
that effectively
intercept
and
pre-treat
contaminated
stormwater
and
non-stormwater
runoff
from
the
project
site,
prior
to
release
to
the
City's
municipal
separate
storm
sewer
system
("MS4"),
to
the
satisfaction
of
the
City
Engineer
and
the
RWQCB.

Such
measures
shall
be
designed
and
installed
on-site;
and
provisions
for
perpetual
maintenance
of
the
measures
shall
be
provided
to
the
satisfaction
of
the
City
Engineer,
including
provisions
in
Covenants,
Conditions,
and
Restrictions
(CC&R's)
required
for
the
development
(if
any). A
Final
Project-Specific
Water
Quality
Management
Plan
(WQMP)
shall
be
submitted
to
and
approved
by
the
City
Engineer
prior
to
issuance
of
a
grading
or
building
permit.

The
WQMP
shall
address
the
implementation
of
operational
Best
Management
Practices
(BMP's)
necessary
to
accommodate
nuisance
water
and
storm
water
runoff
from
the
site.

Direct
release
of
nuisance
water
to
the
adjacent
property
(or
public
streets)
is
prohibited.

Construction
of
operational
BMP's
shall
be
incorporated
into
the
Precise
Grading
and
Paving
Plan.

Prior
to
issuance
of
any
grading
or
building
permits,
the
property
owner
shall
record
a
"Covenant
and
Agreement"
with
the
County-Clerk
Recorder
or
other
instrument
on
a
standardized
form
to
inform
future
property
owners
of
the requirement
to
implement
the
approved
Final
Project
Specific
Water
Quality
Management
Plan
(WQMP).

Other
alternative
instruments
for
requiring
implementation
of
the
approved
Final
Project
Specific
WQMP
include:
requiring
the
implementation
of
the
Final
Project
Specific
WQMP
in
Home
Owners
Association
or
Property
Owner
Association
Covenants,
Conditions,
and
Restrictions
(CC&Rs);
formation
of
Landscape,
Lighting
and
Maintenance
Districts,
Assessment
Districts
or
Community
Service
Areas
responsible
for
implementing
the
Final
Project
Specific
WQMP;
or
equivalent.

Alternative
instruments
must
be
approved
by
the
City
Engineer
prior
to
issuance
of
any
grading
or
building
permits.
16 Item 2B - Page 83
ENG

46. ENG

47. ENG

48. GENERAL ENG

49. ENG

50. ENG

51. ENG

52. All
stormwater
runoff
passing
through
the
site
shall
be
accepted
and
conveyed
across
the
property
in
a
manner
acceptable
to
the
City
Engineer.

For
all
stormwater
runoff
falling
on
the
site,
on-site
retention
or
other
facilities
approved
by
the
City
Engineer
shall
be
required
to
contain
the
increased
stormwater
runoff
generated
by
the
development
of
the
property.

Provide
a
hydrology
study
to
determine
the
volume
of
increased
stormwater
runoff
due
to
development
of
the
site,
and
to
determine
required
stormwater
runoff
mitigation
measures
for
the
proposed
development.

Final
retention
basin
sizing
and
other
stormwater
runoff
mitigation
measures
shall
be
determined
upon
review
and
approval
of
the
hydrology
study
by
the
City
Engineer
and
may
require
redesign
or
changes
to
site
configuration
or
layout
consistent
with
the
findings
of
the
final
hydrology
study.

No
more
than
40-50%
of
the
street
frontage
parkway/setback
areas
should
be
designed
as
retention
basins.

On-site
open
space,
in
conjunction
with
dry
wells
and
other
subsurface
solutions
should
be
considered
as
alternatives
to
using
landscaped parkways
for
on-site
retention.

The
project
is
subject
to
flood
control
and
drainage
implementation
fees.

The
acreage
drainage
fee
at
the
present
time
is
$
10,311.99
per
acre
in
accordance
with
Resolution
No.
15189.

Fees
shall
be
paid
prior
to
issuance
of
a
building
permit.

Submit
storm
drain
improvement
plans
for
all
on-site
storm
drainage
system
facilities
for
review
and
approval
by
the
City
Engineer.

Any
utility
trenches
or
other
excavations
within
existing
asphalt
concrete
pavement
of
off-site
streets
required
by
the
proposed
development
shall
be
backfilled
and
repaired
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
115.

All
proposed
utility
lines
shall
be
installed
underground.

All
existing
utilities
shall
be
shown
on
the
improvement
plans
if
required
for
the
project.

The
existing
and
proposed
service
laterals
shall
be
shown
from
the
main
line
to
the
property
line.

Upon
approval
of
any
improvement
plan
(if
required)
by
the
City
Engineer,
the
improvement
plan
shall
be
provided
to
the
City
in
digital
format,
consisting
of
a
DWG
(AutoCAD
2015
drawing
file),
DXF
(AutoCAD ASCII
drawing
exchange
file),
and
PDF
(Adobe
Acrobat

6.0 or
greater)
formats.

Variation
of
the
type
and
format
of
the
di,gital
data
to
be
submitted
to
the
City
may
be
authorized,
upon
prior
approval
by
the
City
Engineer.
17 Item 2B - Page 84
ENG

53. ENG

54. ENG

55. ENG

56. MAP ENG

57. ENG

58. ENG

59. The
original
improvement
plans
prepared
for
the
proposed
development
and
approved
by
the
City
Engineer
(if
required)
shall
be
documented
with
record
drawing
"as-built"
information
and
returned
to
the
Engineering
Services
Department
prior
to
issuance
of
a
final
certificate
of
occupancy.

Any
modifications
or
changes
to
approved
improvement
plans
shall
be
submitted
to
the
City
Engineer
for
approval
prior
to
construction.

Nothing
shall
be
constructed
or
planted
in
the
corner
cut-off
area
of
any
intersection
or
driveway
which
does
or
will
exceed
the
height
required
to
maintain
an
appropriate
sight
distance
per
City
of
Palm
Springs
Zoning
Code
Section

93.02.00,
D.

All
proposed
trees
within
the
public
right-of-way
and
within
10 feet
of
the
public
sidewalk
and/or
curb
shall
have
City
approved
deep
root
barriers
installed
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
904.

This
property
is
subject
to
the
Coachella
Valley
Multiple
Species
Habitat
Conservation
Plan
Local
Development
Mitigation
Fee
(CVMSHCP-LDMF).

The
LDMF
shall
be
paid
prior
to
issuance
of
Building
Permit.

The
developer
shall
apply
for
an
annexation
to
the
City
of
Palm
Springs
Community
Facilities
District
established
for
public
safety
services
and
submit
required
applications,
waivers,
and
consent
forms
to
the
annexation
prior
to
approval
of
a
final
map.

Payment
of
an
annexation
fee
($7,500)
and
shall
be
made
at
the
time
of
the
application.

The
annexation
shall
be
completed
by
action
of
the
city
council
in
a
public
hearing,
prior
to
processing
a
final
map
for
approval.

A
Final
Map
shall
be
prepared
by
a
California
registered
Land
Surveyor
or
qualified
Civil
Engineer
and
submitted
to
the
Engineering
Services
Department
for
review
and
approval.

A
Title
Report
prepared
for
subdivision
guarantee
for
the
subject
property,
the
traverse
closures
for
the
existing
parcel
and
all
lots
created
therefrom,
and
copies
of
record
documents
shall
be
submitted
with
the
Final
Map
to
the
Engineering
Services
Department
as
part
of
the
review
of
the
Map.

The
Final
Map
shall
be
approved
by
the
City
Council
prior
to
issuance
of
building
permits.

In
accordance
with
Government
Code Section
66499,
the
Tentative
Tract
Map
is
subject
to
construction
of
all
required
public
improvements.

Prior
to
approval
of
a
Tract
Map,
all
required
public
improvements
shall
be
secured
by
a
construction
agreement
and
bonds
in
accordance
with
Government
Code
Section
66499.
18 Item 2B - Page 85
ENG

60. TRAFFIC ENG

61. ENG

62. ENG

63. Acceptance
of
public
improvements
required
of
this
development
shall
be
completed
by
resolution
of
the
City
Council
to
release
the
faithful
performance
bond
and
acceptance
of
replacement
maintenance
bond
to
be
held
for
one
year.

An
inspection
will
be
performed
nine
months
after
said
acceptance
as
part
of
the
notice
of
completion
process,
a
notice
of
completion
will
be
filed
certifying
the
improvements
are
complete. A
minimum
of
48 inches
of
clearance
for
accessibility
shall
be
provided
on
public
sidewalks.

Minimum
clearance
on
public sidewalks
shall
be
provided
by
either
an
additional
dedication
of
a
sidewalk
easement
if
necessary
and
widening
of
the
sidewalk,
or
by
the
relocation
of
any
obstructions
within
the
public
sidewalk
along
the
frontage
of
the
subject
property. Construction
signing,
lighting
and
barricading
shall
be
provided
during
all
phases
of
construction
as
required
by
City
Standards
or
as
directed
by
the
City
Engineer.

As
a
minimum,
all
construction
signing,
lighting
and
barricading
shall
be
in
accordance
with
Part
6 "Temporary
Traffic
Control"
of
the
California
Manual
on
Uniform
Traffic
Control
Devices
(CAMUTCD),
dated
November
7,
2014,
or
subsequent
editions
in
force
at
the
time
of
construction.

This
property
is
subject
to
the
Transportation
Uniform
Mitigation
Fee
which
shall
be
paid
prior
to
issuance
of
building
permit.

FIRE

DEPARTMENT

CONDITIONS
FID

1. FID

2. These
Fire
Department
conditions
may
not
provide
all
requirements.

Owner/developer
is
responsible
for
all
applicable
state
and
locally
adopted
fire
codes.

Detailed
plans are
still
required
for
review.

Conditions
are
subject
to
final
plan
check
and
review.

Fire
Department
Conditions
were
based
on
the
2019
California
Fire
Code
as
adopted
by
City
of
Palm
Springs,
Palm
Springs
Municipal
Code,
PSFD
Appendix
"T"
Development
Requirements
and
latest
adopted
NFPA
Standards.

Three
(3)
complete
sets
of
plans
for
fire
sprinkler
system
plans,
underground
water
improvement
plans,
&
fire
alarm
plans
must
be
submitted
prior
to
a
building
permit
being
released.
19 Item 2B - Page 86
FID

3. FID4. FID

5. Conditions
of
Approval
-
"Conditions
of
Approval"
received
from
the
Palm
Springs
Planning
Department
must
be
submitted
with
each
plan
set.

Failure
to
submit
will
result
in
a
delay
of
plan
approval.

Plans
and
Permits
(CFC
105.1
):

Permits
and
scaled
drawings
are
required
for
this
project.

Plan
reviews
can
take
up
to
20 working
days.

Submit
a
minimum
of
three
(3)
sets
of
drawings
for
review.

Upon
approval,
the
Fire
Prevention
Bureau
will
retain
one
set.

Plans
shall
be
submitted
to:

City
of
Palm
Springs
Building
and
Safety
Department
3200
E.

Tahquitz
Canyon
Way
Palm
Springs,
CA
92262
Counter
Hours:
8:00
AM
-
6:00
PM,
Monday
-
Thursday
A
deposit
for
Plan
Check
and
Inspection
Fees
is
required
at
the
time
of
Plan
Submittal.

These
fees
are
established
by
Resolution
of
the
Palm
Springs
City
Council.

Complete
listings
and
manufacturer's
technical
data
sheets
for
all
system
materials
shall
be
included
with
plan
submittals.

All
system
materials shall
be
UL
listed
or
FM
approved
for
fire
protection
service
and
approved
by
the
Fire
Prevention
Bureau
prior
to
installation.

Plans
shall
include
all
necessary
engineering
features,
including
all
hydraulic
reference
nodes,
pipe
lengths
and
pipe
diameters
as
required
by
the
appropriate
codes
and
standards.

Plans
and
supporting
data,
(calculations
and
manufacturers
technical
data
sheets)
including
fire
flow
data,
shall
be
submitted
with
each
plan
submittal.

Complete
and
accurate
legends
for
all
symbols
and
abbreviations
shall
be
provided
on
the
plans.

Access
During
Construction
(CFC
503):

Access
for
firefighting
equipment
shall
be
provided
to
the
immediate
job
site
at
the
start
of
construction
and
maintained
until
all
construction
is
complete.

Fire
apparatus
access
roads
shall
have
an
unobstructed
width
of
not
less
than
24 feet
and
an
unobstructed
vertical
clearance
of
not
less
than
13'-6".

Fire
Department
access
roads
shall
have
an
all-weather
driving
surface
and
support
a
minimum
weight
of
73,000
lbs.
20 Item 2B - Page 87
FID

6. FID

7. FID

8. FID

9. FID

10. FID

11. FID

12. Required
access
(CFC
504.1
):

Exterior
doors
and
openings
required
by
this
code
or
the
California
Building
Code
shall
be
maintained
readily
accessible
for
emergency
access
by
the
fire
department.

An
approved
access
walkway
leading
from
fire
apparatus
access
roads
to
exterior
openings
shall
be
provided
when
required
by
the
fire
code
official.

Key
Box
Required
to
be
Installed
(CFC
506.1
):

Where
access
to
or
within
a
structure
or
an
area
is
restricted
because
of
secured
openings
or
where
immediate
access
is
necessary
for
life-saving
or
fire-fighting
purposes,
the
fire
code
official
is
authorized
to
require
a
key
box
to
be
installed
in
an
approved
location.

The
key
box
shall
be
flush
mount
type
and
shall
contain
keys
to
gain
necessary
access
as
required
by
the
fire
code
official.

Secured
emergency
access
gates
serving
apartment,
town
home
or
condominium
complex
courtyards
must
provide
a
key
box
in
addition
to
association
or
facility
locks.

The
nominal
height
of
Knox
lock
box
installations
shall
be
5 feet
above
grade.

Location
and
installation
of
Knox
key
boxes
must
be
approved
by
the
fire
code
official.

Key
Box
Contents
(CFC
506.1
):

The
Knox
key
box
shall
contain
keys
to
all
areas
of
ingress/egress,
alarm
rooms,
fire
sprinkler
riser/equipment
rooms,
mechanical
rooms,
elevator
rooms,
elevator
controls,
plus
a
card
containing
the
emergency
contact
people
and
phone numbers
for
the
building/complex. NFPA
13 Fire
Sprinklers
Required:

An
automatic
fire
sprinkler
system
is
required.

Only
a
C-16
licensed
fire
sprinkler
contractor
shall
perform
system
design
and
installation. System
to
be
designed
and
installed
in
accordance
with
NFPA
standard
13,
2016
Editions,
as
modified
by
local
ordinance. Fire
Alarm
System
Required:

An
automatic
or
manual
fire
alarm
system
is
required.

Only
a
C-10
licensed
fire
alarm
contractor
shall
perform
system
design
and
installation.

System
to
be
designed
and
installed
in
accordance
with
NFPA
standard
72,
2016
editions,
as
modified
by
local
ordinance. Turning
Radius:

Fire
access
road
turns
and
corners
shall
be
designed
with
a
minimum
inner
radius
of
25 feet
and
an
outer
radius
of
43 feet.

Dead
Ends:

Dead-end
fire
apparatus
roads
in
excess
of
150
feet
in
length
shall
be
provided
with
an
approved
area
for
turning
around
a
fire
apparatus.
21 Item 2B - Page 88
FID

13. FID

14. FID

15. FID

16. Designated
Fire
Lanes:
in
private
developments
shall
be
not
less
than
24 feet
wide
(curb
face
to
curb
face)
with
no
parking
on
either
side
and
shall
be
identified
as
afire
lanes
with
red
curb,
stating
in
white
lettering
" NO

PARKING
FIRE
LANE",
or
by
approved
signage,
or
by
both
red
curb
with
lettering
and
signage.

Fire
Department
Access
Roads/Driveways:

Shall
be
provided
so
that
no
portion
of
the
exterior
wall
of
the
first
floor
of
any
building
will
be
more
than
150
feet
from
such
roads.

Private
Fire
Hydrants:

Additional
private
hydrants
may
be
required.

Security
Gates:

A
Knox
key
operated
switch
shall
be
installed
at
every
automatic
gate.

Secured
automated
vehicle
gates
or
entries
shall
utilize
a
combination
of
a
Tamar
Strobeswitch
TM,
or
approved
equal,
and
an
approved
Knox
key
switch
when
required
by
the
fire
code
official.

Secured
non-automated
vehicle
gates
or
entries
shall
utilize
an
approved
padlock
or
chain
(maximum
link
or
lock
shackle
size
of¼
inch)
when
required
by
the
fire
code
official.

BUILDING
&
SAFETY

DEPARTMENT

CONDITIONS
BLDG

1. BLDG

2. BLDG

3. BLDG

4. Prior
to
any
construction
on-site,
all
appropriate
permits
shall
be
secured.

Separate
permits
are
required
for
Site
Walls,
Trash
Enclosures,
Signs,
PV
(Photovoltaic),
Construction
Trailers.

Grading
&
ROW
permits
are
to
be
issued
by
our
Engineering
Division.

Utilities
on
the
utility side
of
any
meter
are
to
be
arranged
with
the
respective
Utility
Company.

Any
utilities
after
a
meter
will
be
included
in
the
Building
Departments
scope
of
work
for inspections.

END
OF

CONDITIONS
22 ATTACHMENT H
Item 2B - Page 89

EXCERPT OF MINUTES

At the Planning Commission meeting of the City of Palm Springs held on February 8, 2023, the Planning Commission took the following action:

2A. RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC, FOR THE

APPROVAL OF CHANGE OF ZONE, MAJOR DEVELOPMENT PERMIT,

TENTATIVE TRACT MAP AND VARIANCE APPLICATIONS FOR A
PROPOSED M IXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 2,214 -SQUARE-FOOT COMMERCIAL SPACE AT 2.4 -ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R -2, SECTION 10 (CASE NOS. 5.1541 CZ,

3.4191 MAJ/DEV, 38190 TTM, 6.560 VAR). (NK)

Associate Planner Kikuchi presented the project as outlined in the staff report.

SUBCOMMITTEE REPORT:

Commissioner Aylaian provided an overview of the subcommittee process and the evolution of the proposal since last reviewed by the Commission. She discussed the increased commercial area along North Palm Canyon, which also increased the ceiling height and depth to ensure that it remains viable and flexible commercial space. She also discussed the applicant’s parking plan and request for gates, indicating that subcommittee felt that the mixed-use nature of the development and the gate setback from Belardo differentiates this project from other residential projects and justifies the proposed gate.

Commissioner Hirschbein indicated that the subcommittee felt the development would serve as more of a “downtown” experience where you might park in one location and visit multiple spaces along Palm Canyon Drive, and that the proposed parking was appropriate.

ENVIROMENTAL CONSULTANT REPORT:

Chair Weremiuk requested that the environmental consultant provide an overview of the findings, and what, if any, mitigations are required.

ANNA CHODHURY, of the Altium Group and Environmental Consultant, provided an overview of the CEQA analysis and mitigations, which are largely intended to ensure minimize construction impacts.

APPLICANT COMMENTS:

Item 2B - Page 90
Planning Commission Minutes - Excerpt
City of Palm Springs
February 8, 2023

2 BRIAN ADAMSON of OLPP, Developer, expressed support for the revised project, and indicated that the increased commercial space requested by the Commission would be very complimentary to their vision.

MARK RIOS, Architect, discussed how the RIOS team worked to create a safe, enjoyable, and walkable community build on the legacy of exceptional architecture of the area with a contemporary take.

ELIZABETH WENDALL, Senior Project Designer with RIOS (Architect), discussed the details of the plan, including the requested setback variance. She also highlighted that there will be a mix of unit sizes to cater to different family types and clarified that they intend to maintain the palm trees along Palm Canyon Drive.

PUBLIC COMMENTS:

BOB EICHOLZ, adjacent homeowner voiced support for the changes to the project and the thoughtfulness of the transition to the lower heights to the west but expressed disappointment in the lack of Spanish architecture that is present in Las Palmas.

COMMISSION COMMENTS:

Chair Weremiuk clarified that Vice Chair Roberts was recused on this item as he owns property within 500 feet.

Commissioner Moruzzi asked for clarification on the ability to landscape the county property adjacent to this site. Adamson responded that they cannot undertake any improvement on County property but that they intend to landscape the northern edge of their property line.

Commissioner Miller asked whether the 5-ft setback along the North side will still allow for windows in the second-story units that are facing the North easement.

Adamson replied yes.

Commissioner asked that ARC look at trees for shading when they review the landscape plans.

Commissioner Miller expressed support for the gates, highlighting the differences between this mixed-use project and other recent residential projects where gates have been prohibited.

Director Hadwin requested consideration of the removal of two conditions related to the emergency access from Palm Canyon that are no longer necessary given revisions to the plan.

Item 2B - Page 91
Planning Commission Minutes - Excerpt
City of Palm Springs
February 8, 2023

3 Hirschbein, seconded by Aylaian to approve the project with conditions that the Architectural Review Committee review the North Wall (or North Façade) for landscaping and architectural enhancements, review a revised landscaping plan to possibly include shade trees, and to remove the two conditions related to emergency access from Palm Canyon Drive.

ACTION: Hirschbein, seconded by Aylaian to approve the project with conditions that the Architectural Review Committee review the North Wall (or North Façade) for landscaping and architectural enhancements, review a revised landscaping plan to possibly include shade trees, and to remove the two conditions related to emergency access from Palm Canyon Drive.

I, VANESSA ACOSTA, Planning Staff (Temporary) for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 8th day of February, 2023, by the following vote:

AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, CHAIR

WEREMIUK
NOES:

ABSENT: ROBERTS
ABSTAIN:

__________________________________________
Vanessa Acosta
Planning Staff (Temporary)

Item 2B - Page 92

ATTACHMENT I
Item 2B - Page 93

CITY OF PALM SPRINGS

DEPARTMENT OF PLANNING SERVICES

MEMORANDUM

Date: February 8, 2023

To: Planning Commission

From: Department of Planning Services

Subject: A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS,

LLC, FOR THE APPROVAL OF CHANGE OF ZONE, MAJOR

DEVELOPMENT PERMIT, TENTATIVE TRACT MAP, AND VARIANCE

APPLICATIONS FOR A PROPOSED MIXED-USE PROJECT WHICH
INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5,411 - SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED
PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE
CBD/R-2, SECTION 10 (CASE NOS: 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR). (NK)

On December 14, 2022, the Planning Commission considered the above- referenced applications. At the meeting, the Planning Commission voted unanimously to continue the review of the applications to a date uncertain. The Commission then formed a subcommittee consisting of three Commissioners to assist the applicant with addressing comments and concerns raised by the Planning Commission. An excerpt from the December 14, 2022 Planning Commission meeting is attached to this memorandum (Attachment 6). The main concerns raised by the Planning Commission are as follows:

1) A lack of a viable commercial use along the North Palm Canyon Drive frontage; the proposed commercial space is inadequate in terms of size, design, and intended uses.
2) Emergency vehicle access/driveway proposed on the primary frontage disrupts the experience of the street and the continuity of pedestrian and commercial activities along North Palm Canyon Drive.

On January 4, 2023, the subcommittee, staff, developers, and the applicant’s design team held the first meeting to explore solutions to address Planning Commission’s comments.

In response to the revised information provided, the subcommittee provided the following comments:

1) 20-foot building depth for the commercial portion of the building is inadequate. 2) Instead of a corner garden, expand the commercial space towards the southeast corner of the development.
3) Agreed with the expansion of the commercial space towards the north and the Item 2B - Page 94
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 2

activation of the northeast corner of the development for a retail/commercial use. 4) Façade along North Palm Canyon Drive needs to be vertically broken off. 5) Relocate the proposed vehicular gate on the Belardo Road frontage towards the interior of the development.

On January 11, 2023, the second subcommittee meeting was held. The applicant’s team presented a schematic design which reflects the subcommittee’s comments from the previous meeting. Subsequently, the subcommittee provided these additional comments below:

1) The revised proposal of 30-foot building depth is adequate. 2) 20-foot-wide pedestrian entrance on North Palm Canyon Drive needs to be widen. 3) Relocation of the vehicular gate at 86.5 feet away from the street is adequate since it would minimize the visibility of the gate from the street, and it does not visually appear as a barrier.
4) Agreed with the expansion of the commercial space to the area where the corner garden was previously proposed.

RECOMMENDATION:

That the Planning Commission adopt a Mitigated Negative Declaration (MND) and approve Case 6.560 VAR (Variance), Case 3.4191 MAJ/DEV (Major Development Permit), and Case TTM 38190 (Tentative Tract Map), and recommend the following actions to the City Council, subject to conditions:

1. Adopt the Mitigated Negative Declaration as an adequate environmental document for the proposed project and associated impacts; and

2. Approve Case 5.1541 CZ to change the zone designations of the project site from ‘Central Business District’ (CBD) and ‘Limited Multiple-Family Residential’ (R-2) to ‘Retail Business’ (C-1) entirely.

BACKGROUND INFORMATION:

Related Relevant City Actions
01/13/2021 Introduction of the proposed project to the Planning Commission (Study Session).
11/10/2022
City Council adopted Resolution No. 25072, which amended the General Plan CBD (Central Business District) land use designation minimum density requirement from the previous 21 dwelling units per acre to 10 dwelling units per acre for new mixed-use projects, provided that at least 75% of the frontage on the major thoroughfares is public serving commercial use.

Item 2B - Page 95
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 3

Related Relevant City Actions
12/14/2022
Planning Commission voted 5 -1-1 (Moruzzi, absent, Roberts, abstained) to continue the project to a date uncertain with the direction that a subcommittee be formed to address Planning Commission’s comments and concerns; the subcommittee to include Commissioners Miller, Aylaian, and Hirschbein.

DEVELOPMENT STANDARDS:

The applicant is requesting the approval of a Change of Zone (CZ) to amend the current CBD/R-2 zone designation to C -1 (Retail Business) entirely. Pursuant to PSZC Section

92.12.03 (C -1 Zone Development Standards), the following standards apply to the proposed project. The analysis below was conducted based on the latest revi sion the Department of Planning Services received on January 24, 2023.

Table 1.1. Development Standards Analysis
Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000 SF 104,437 SF Y
Min. Lot Width 100 Feet 232 Feet Y
Min. Lot Depth 150 Feet 451.5 Feet Y
Min. Setbacks
• Front (East)
• Front (West)
• Side (South)
• Side (North)

5 Feet
20 Feet
5 Feet
20 Feet*

*Applicable to the
area that abuts to
the R-2 Zone only.

Otherwise, zero
setback is required.

7.8 Feet*
25 Feet
7 Feet
5 Feet**

*Excludes
architectural
projection.

**Area abuts the R-
2 Zone.

Y
Y
Y
Yes, with
Variance
approval
Max. Lot Coverage None 40.9 % N/A
Min. Open Space None 54 % N/A
Max. Building Height 30 Feet 30 Feet Y
Item 2B - Page 96
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 4

Table 1.1. Development Standards Analysis
Standard Required/
Allowed
Provided Compliance
Perimeter Wall Height
• North (Side)

• South (Side)
• East (Front)
• West (Front)

Max. 6 Feet

Max. 6 Feet
Max. 4.5 Feet
Max. 4.5 Feet

8 Feet

8 Feet
8 Feet
8 Feet

Yes, with
Variance
approval
Y*
Y*
Y*

*Located out of the
yard setback area.

Trash Enclosure Screened
Min. 6’ High

Screened
8’ High
Y
Mechanical Equipment Screened None shown on
the plans
N/A
Architectural Projection Max. 4 Feet 1 Foot (Awning) Y*

*Awning projects
into the 5-foot
sidewalk
easement, which
requires an
encroachment
license approved
by the City Council.

Pursuant to PSZC Section 93.26.00 (“D” Downtown Parking Combining Zone), the following parking standards apply:

Table 1.2. Off-Street Parking Analysis
Parking Requirement
Use SF or #
of Units
Parking
Ratio
Space
Required
Provided
Comp.

Reg. Handi-
cap Reg. Handi-
cap
Residential:
24-unit
condominium
5 Units 0.5
space/1
BDR

2.5 38

13 Units 1
space/2
BDR
13 Item 2B - Page 97
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 5

6 Units 1
space/3
BDR
6 Non-Residential:

Retail/Commerci
al
5,411
SF

1 space
/375 SF

14.4 16*
TOTAL SPACES 35.9 ≈
36 54* Y
Regular and Handicap Spaces Req. 35 1** 52 2 Y
*Including guest and handicapped parking spaces.
**Based on the amount of parking spaces accessible to non-residents/public.

ANALYSIS:

In response to the comments provided by the Planning Commission and subcommittee, the applicant has made the following changes:

Table 1.3. Summary of Changes
Development
Attributes
Previous
Proposal
Revised Proposal Staff Comments
Controlled
access
Rolling gate on
the Belardo
Road frontage at
50 feet away
from the west
property line.

Rolling gate
located at 87’-4”
away from the west
property line.

Gate installation location
is moved further towards
the center of the
development. With the
proposed 87’-4”-setback,
the visibility of the gate is
substantially reduced
from the street. The
proposed setback is
adequate, and it avoids
the appearance of a
gated community
characterized by a barrier
that surrounds the entire
development. The gate
will function as a medium
to control vehicular
activities associated with
commercial uses.

Emergency
service vehicle
access/driveway
Ingress and
egress via North
Palm Canyon
Drive.

Removed. All vehicular access to be
provided via Belardo
Road. Turnaround area
for emergency service
vehicles is proposed in
the area between Building
Item 2B - Page 98
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 6

Table 1.3. Summary of Changes
Development
Attributes
Previous
Proposal
Revised Proposal Staff Comments
A, B, and D.

Size of
commercial
space
2,214 SF for a
health fitness
studio (gym &
yoga studio),
which is
accessible to
both residents
and general
public.
5,411 SF
commercial space
along the North
Palm Canyon Drive
frontage. Space is
intended for retail
uses.

Size of the commercial
space has been more
than doubled for retail
uses instead of the
previously proposed
health fitness studio.

Amenity space for the
residents is now located
within Building D.

Building depth
(Commercial
portion)
20 feet 30 feet Building depth has been
increased by 10 feet to
provide a more viable
commercial space.

Lineal length of
building
(Commercial
portion)
Approximately
123 Feet
Approximately 185
Feet (excludes 24-
foot-wide
entrance).

Lineal length of the
retail/commercial portion
of the building along
North Palm Canyon Drive
has increased from the
previously proposed 53%
to 79.8%* to meet the
intent of the recent
amendment to the
General Plan CBD land
use designation minimum
density requirements.

*Measurement is based on
the width of the lot.

Primary building
access on North
Palm Canyon
Drive
Access though
the yoga studio
lobby.
24-foot-wide
shared entry for
residents and the
patrons of the
retail/commercial
space.

More clear and defined
entrance is proposed,
which is effective to break
the massing of the
building, showcase the
southeast corner building,
and direct pedestrians to
North Palm Canyon Drive
for a more activated
street.

Building design
- Southeast
Corner garden
was proposed.

Corner garden is
removed, and the
With the omission of the
corner garden and the
Item 2B - Page 99
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 7

Table 1.3. Summary of Changes
Development
Attributes
Previous
Proposal
Revised Proposal Staff Comments
Corner South elevation
of the
commercial
space to be
located at 24 feet
from the south
property line.
retail/commercial
space is further
extended towards
Chino Drive (south
elevation is located
at 16 feet from the
south property
line).
expansion of the
retail/commercial space
towards the street, the
commercial component of
the mixed-use project is
further emphasized.

Building design
– Northeast
Corner
Wall and
emergency
service vehicle
access gate.

Retail/commercial
building designed
with expansive
glazing and a
decorative second-
level screen
matching the rest
of the
development.

Maximum building
height is set at 30
feet for consistency
with the southeast
corner of the
building.

The area, which was
previously proposed to
serve utilitarian purposes,
is activated for
commercial and
pedestrian activities. The
activation of the area
allows the site to function
as a transition area which
seamlessly connects
downtown and uptown.

CONCLUSION:

The applicant is seeking the approval of Change of Zone, Major Development Permit, Tentative Tract Map, and Variance applications for the proposed mix -use project which includes 24 residential condominium units and a 5,411- square-foot commercial space.

As demonstrated earlier in this report, the applicant has revised the development plan to incorporate the comments and design suggestions provided by the Planning Commission and subcommittee. Therefore, staff recommends that the Planning Commission approve Case 6.560 VAR (Variance), Case 3.4191 MAJ/DEV (Major Development Permit), and TTM 38190 (Tentative Tract Map), and recommend the following actions to the City Council subject to conditions in Attachment 4:

1. Adopt the Mitigated Negative Declaration as an adequate environmental document for the proposed project and associated impacts; and

Item 2B - Page 100
Planning Commission Staff Memo February 8, 2023 Case Nos. 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR Page 8

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: Edward Robertson, Principal Planner
REVIEWED BY: Christopher Hadwin, Director of Planning Services

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. General Plan/Zoning Maps

4. Draft Resolution & Exhibit A

5. Justification Letter (REVISED)

6. December 14, 2022 Planning Commission Excerpt of Minutes (DRAFT)

7. December 14, 2022 Planning Commission Staff Report (excludes attachments)

8. Traffic Scoping Letter (REVISED)

9. Plans (REVISED)

10. Plans (SUPERSEDED)

Item 2B - Page 101

ATTACHMENT J
Item 2B - Page 102

EXCERPT OF MINUTES

At the Planning Commission meeting of the City of Palm Springs, held on December 14, 2022, the Planning Commission took the following action:

2C. A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS

PARTNERS, LLC, FOR THE APPROVAL OF CHANGE OF ZONE,

MAJOR DEVELOPMENT PERMIT, TENTATIVE TRACT MAP, AND

VARIANCE APPLICATIONS FOR A PROPOSED MIXED-USE
PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM
UNITS AND A 2,214 -SQUARE-FOOT COMMERCIAL SPACE AT 2.4 - ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM
CANYON DRIVE, ZONE CBD/R -2, SECTION 10 (CASE NOS: 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR). (NK)

Planning Director Hadwin stated that there will be no staff presentation provided during the meeting based on the concerns raised by the Planning Commission prior to the meeting. He requested the Planning Commission to consider the continuation of the item and formation of a subcommittee to work with the applicant and staff to revise the proposal and return to the Planning Commission at a future date for review.

Chair Weremiuk requested other Commissioners to share concerns which led to the Planning Commission’s decision to continue the item.

Commissioner Miller stated that he is able to support a Change of Zone if the project is appropriately designed. He does not think that the project is appropriate for the location as proposed because it is lacking a viable commercial space on the ground floor along North Palm Canyon Drive. Additionally, he is concerned about the proposed driveway on North Palm Canyon Drive , which seems inconsistent with the City’s goal to provide seamless pedestrian experience since the site is accessible from Chino Drive and Belardo Road. Commissioner Miller concluded that he supports the concept of a mixed- use project; however, the details need to be worked out and the plan needs to be revised.

Commissioner Hirschbein stated that he agrees with Commissioner Miller’s comments.

He stated that the project site is a very important site and a viable commercial use that connects the downtown and uptown areas and continues to the overall street and promotes vital activities. He added that the proposed driveway on North Palm Canyon Drive is problematic and a design that contributes to public interaction is strongly desired. Commissioner Hirs chbein noted that he looks forward to working with the applicant to address these issues.

Chair Weremiuk stated that she shares the concerns mentioned by other Commissioners and mentioned about the recent General Plan Amendment (GPA) which now allows a re duction in the number of residential unit s, given that 75% of the street Item 2B - Page 103
Planning Commission Minutes - Excerpt
City of Palm Springs
December 14, 2022

2 frontage (North Palm Canyon Drive) is utilized for a viable commercial use. Chair Weremiuk stated that she does not think the proposed project meets the intent of the GPA. She stated that the project needs to meet this requirement (75% of the frontage to be dedicated to a viable commercial use) or increase the number of housing units .

Chair Weremiuk is in agreement with other Commissioners with regards to the proposed driveway on N orth Palm Canyon Drive. Chair Weremiuk concluded that the project needs to include a viable retail use combined with housing or mee t the pre - amendment density requirement.

Commissioner Aylaian stated that she agrees with other Commissioners’ comments and desires to have commercial and retail along North Palm Canyon Drive . However, she questioned the need for a long stretch of retail /commercial use along North Palm Canyon Drive which extends from Ramon Road to Vista Chino. Comm issioner Aylaian stated that there is a limit to provide solid retail experience along a long stretch of a street by referencing Chicago’s Magnificent Mile, Rodeo Drive, and Third Street Prominade. Commissioner Aylaian stated that the Planning Commission needs to be mindful that they are not setting unrealistic expectations . Downtown and uptown provide different experience and architecture, and the project site is not an inappropriate location to have such transition. Commissioner Aylaian concluded that there is a room for well -designed building for the project site which is not a forced continuation from downtown. she would like to see more retail uses and is concerned about the choice of retail uses proposed.

Commissioner Hirs chbein stated that he ag rees with some of the Commissioner Aylaian’s comments, but not in agreement with her comments regarding the site. He stated that the project site is a very important site which links two vibrant commercial districts. If a gap were to be created at the pr oject site, it would be a disservice to the surrounding merchants and the City (Commissioner Hirschbein clarified that a little break with an open space may be acceptable).

Chair Weremiuk stated that it is important for the project to have a higher numb er of residential units or provide viable retail use along 75% of the frontage on North Palm Canyon Drive.

Commissioner Ervin stated that he agrees with the comments provided by other Planning Commissioners and questioned whether a subcommittee will be formed.

Chair Weremiuk confirmed that a sub committee will be formed, and appointed Commissioner Miller, Commissioner Aylaian, and Commissioner Hirschbein as the subcommittee members.

Public hearing was opened to the public.

Item 2B - Page 104
Planning Commission Minutes - Excerpt
City of Palm Springs
December 14, 2022

3 Brian Adamson who is t he developer of the project spoke. Mr. Adamson stated that he is appreciative of the Planning Commission’s comments and the applicant’s team will come back with a revision to address those comments.

Public hearing was closed.

Planning Director Hadwin recommended that the project return to the Planning Commission on a date uncertain so that the subcommittee review will not be rushed and to keep the options open for the applicant instead of setting the meeting date on January 25, 2023.

Chair Weremiuk requested that the sub committee hold no more than two meetings.

The subcommittee was instructed to contact her and the Planning Services Director if it needs additional time for review.

MOTION: To continue the project to a date uncertain and form a subcommittee which consists of Commissioner Miller, Commissioner Hirschbein, and Commissioner Aylaian, to work with the applicant – Passed (Weremiuk/Hirschbein).

I, TERRI HINTZ , Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 14th day of December, 2022, by the following vote:

AYES: WEREMIUK, HIRSCHBEIN, AYLAIAN, ERVIN, MILLER
NOES:

ABSENT: MORUZZI
ABSTENTION: ROBERTS

__________________________________________
Terri Hintz
Planning Administrative Coordinator

Item 2B - Page 105

ATTACHMENT K
Item 2B - Page 106

PLANNING COMMISSION STAFF REPORT

DATE: December 14, 2022 PUBLIC HEARING

SUBJECT: A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS,

LLC, FOR THE APPROVAL OF CHANGE OF ZONE, MAJOR

DEVELOPMENT PERMIT, TENTATIVE TRACT MAP, AND VARIANCE

APPLICATIONS FOR A PROPOSED MIXED-USE PROJECT WHICH
INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 2,214-
SQUARE-FOOT COMMERCIAL SPACE AT 2.4-ACRE UNDEVELOPED
PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE , ZONE
CBD/R-2, SECTION 1 0 (CASE NOS: 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR). (NK)

FROM: Department of Planning Services

SUMMARY:

This is a request for the approval of a Change of Zone, Major Development Permit, Tentative Tract Map, and Variance (Case 6.560 VAR) applications for a proposed mixed- use project which includes 24 condominium units and a 2,214- square-foot commercial space.

The zone designation of the project site is currently split. The proposed Change of Zone application will change the site’s current CBD (Central Business District) and R-2 (Limited Multiple-Family Residential) zone designations to C -1 (Retail Business) entirely . In addition to the Change of Zone application, Major Development Permit and Variance applications have been submitted for the development of the project site. The Variance application seeks approval for a side yard setback reduction , increased wall height in selected areas along the north property line, and the construction of a new driveway approach on North Palm Canyon Drive. The Tentative Tract Map application w as submitted for the 24 condominium units.

The following applications have been filed in conjunction with this request:
• Change of Zone (Case 5.1541 CZ) to change the current CBD (Central Business District) and R-2 (Limited Multiple-Family Residential) zone designations of the project site to C-1 (Retail Business) entirely.
• Major Development Permit (Case 3.4191 MAJ/DEV) for the construction of three detached buildings totaling 76,053 square feet in floor area with the maximum building height of 26.1 feet/two-story, bay parking, access gates, and new landscaping.

Item 2B - Page 107
Planning Commission Staff Report
December 14, 2022 – Page 2 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

• Tentative Tract Map (Case TTM 38190) to establish 24 condominium units. • Variance (Case 6.560 VAR) for: 1) a 5-foot north side yard setback instead of the code-required 20-foot-minimum for the area immediately adjacent to the R-2 Zone; 2) 8-foot-high walls, instead of the code- required 6- foot-maximum, in selected areas along the north property line; and 3) a new driveway approach on North Palm Canyon Drive for emergency service vehicle access.

ISSUES:

1. The project requires Variance approval to address the proposed 5-foot north side yard setback instead of the code- required 20-foot-minimum and 8-foot-high walls along the north property line in selected areas*.

*The proposed driveway approach for which Variance approval is requested meets the code requirement and does not require Variance approval.

2. Approval of Case 3.4191 MAJ/DEV, Case TTM 38190, and Case 6.560 VAR is dependent on the approval of Case 5.1541 CZ.

3. Approval of Case 3.4191 MAJ/DEV and Case TTM 3819 is dependent on the approval of Case 6.560 VAR.

RECOMMENDATION:

1. Adopt the Mitigated Negative Declaration as an adequate environmental document for the proposed project and associated impacts;

SCOPE OF REVIEW:

1. The Planning Commission shall review the Change of Zone application (Case

5.1541 CZ) for conformance to PSZC Section 94.07.00(A).

2. The Planning Commission shall review the Major Development Permit application (Case 3.4191 MAJ/DEV) for conformance to the criteria listed in Palm Springs Zoning Code (PSZC) Section 94.04.01(D).

3. The Planning Commission shall review the Tentative Tract Map application (Case TTM 38190) for conformance to the criteria listed in Section 66474 of the Subdivision Map Act.

4. The Planning Commission shall review the Variance application (Case 6.560 VAR) for conformance to the criteria listed in PSZC 94.06.00(B).

Item 2B - Page 108
Planning Commission Staff Report
December 14, 2022 – Page 3 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

BUSINESS PRINCIPAL DISCLOSURE:

The project site is owned by Old Las Palmas Partners, LLC. The entity consists of four limited partners named Mark Attanasio, Peter Mahler, Brian Adamson, and Mark Rios.

The breakdown of the ownership is as follows: Mark Attanasio (50%), Peter Mahler (20%), Brian Adamson (17.5%), and Mark Rios (12.5%). Public Integrity Disclosure Form is attached to this report (Attachment 5).

PROJECT SITE:

The project is proposed at a 2.4-acre site on West Chino Drive between North Palm Canyon Drive and North Belardo Road. The project site is currently undeveloped and is comprised of four parcels (APNs: 505-322-001 through 004) . The site is adjacent to a 30-foot-wide parcel (APN: 505 -302-023) to the immediate north, a portion of which was previously owned by the City of Palm Springs and has since been sold to the Riverside County Flood Control and Water Conservation District in 1964. The adjacent parcel extends from North Palm Canyon Drive to North Belardo Road, and t here is an existing underground stormwater pipe, which is a part of the Riverside County’s underground stormwater network.

PROJECT DESCRIPTION:

The proposed mixed-use project will include 24 residential condominium units, a 2,214- square-foot commercial space on the North Palm Canyon Drive frontage at the ground level, bay parking, two access gates, and new landscape. The proposed maximum building height is 26.1 feet/two -story. A yoga studio, gym, and spa will occupy the commercial space, which will be accessible to the general public and residents.

The proposed project requires a Change of Zone to change the site’s current zone designations of CBD (Central Business District) and R -2 (Limited Multiple- Family Residential) to C -1 (Retail Business) entirely , as well as a Variance approval for the proposed 5-foot north side yard setback for the area immediately adjacent to the R -2 Zone and 8-foot-high walls along the north property line in selected areas. The approval of the Tentative Tract Map is a condominium map required for the 24 residential condominium units.

BACKGROUND INFORMATION:

Related Relevant City Actions
01/13/2021 Introduction of the proposed project to the Planning Commission (Study Session) (Attachment 8).

Item 2B - Page 109
Planning Commission Staff Report
December 14, 2022 – Page 4 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

Related Relevant City Actions
11/10/2022
City Council adopted Resolution No . 25072 , which amended the General Plan CBD (Central Business District) land use designation minimum density requirement from the previous 21 dwelling units per acre to 10 dwelling units per acre for new mixed-use projects, provided that at least 75% of the frontage on the major thoroughfares is public serving commercial use.

Most Recent Change of Ownership
12/05/2018 Old Las Palmas Partners, LLC

Neighborhood Notice
09/26/2022 Affidavit of on-site sign posting was submitted by applicant. 10/04/2022
Neighborhood outreach meeting to inform the public of the proposed project was held via teleconference (Zoom). Notice of the neighborhood outreach meeting was mailed to addresses within 500- feet of the site by the applicant. The minutes of the neighborhood outreach meeting are attached to this report (Attachment 7). 12/02/2022
Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on December 14, 2022. 12/02/2022 Notice of public hearing published in the local newspaper. 12/08/2022 Notice emailed to Neighborhood Organizations within one mile of the project site.

Field Check
11/30/2022 Staff conducted a site visit to confirm the existing site conditions.

Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
West Chino Drive Y N* N*
North Palm Canyon Drive Y Y Y
North Belardo Road Y N N
*Applies to the street side immediately adjacent to the project site (north) only.

DETAILS OF APPLICATION REQUEST:

Site Area
Net Acres 2.4 Acres (104,437 SF)

Item 2B - Page 110
I
I
I
Planning Commission Staff Report
December 14, 2022 – Page 5 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Undeveloped land Central Business
District (CBD)
CBD (Central
Business District)/
R-2 (Limited
Multiple-Family
Residential)
North Undeveloped Land
CBD CBD/R-2
South
Multi-Tenant
Commercial /
Professional
Buildings / Public
Parking Lot
CBD CU (Civic Uses
District)/CBD
East Frances Stevens
Park
OS-P (Open Space
– Parks/Recreation) O (Open Land)
West Single-Family
Residences ER R-1-A (Single-
Family Residential)

General Plan Areas or Master Plan Areas Compliance
Mixed/Multi-Use Area (see pages 2-30 to 2-33 of Land Use Element) Y Special Purpose and Overlay Districts Compliance
“D” Downtown Parking Combining Zone Y
“R” Resort Overlay Zone Y

DEVELOPMENT STANDARDS:

For the proposed project, the applicant is requesting the approval of a Change of Zone (CZ) to amend the current CBD/R-2 zone designation to C -1 (Retail Business) entirely.

Pursuant to PSZC Section 92.12.03 (C -1 Zone Development Standards) , the following standards apply:

Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000 SF 104,437 SF Y
Min. Lot Width 100 Feet 232 Feet Y
Min. Lot Depth 150 Feet 451.5 Feet Y
Item 2B - Page 111
Planning Commission Staff Report
December 14, 2022 – Page 6 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

Standard Required/
Allowed
Provided Compliance
Min. Setbacks
• Front (East)
• Front (West)
• Side (South)
• Side (North)

5 Feet
20 Feet
5 Feet
20 Feet*

*Applicable to the
area that abuts to
the R-2 Zone only.

Otherwise, zero
setback required.

8.75 Feet
25 Feet
9 Feet
5 Feet

Y
Y
Y
Yes, with
Variance
approval
Max. Lot Coverage None 44.7% N/A
Min. Open Space None 52% N/A
Max. Building Height 30 Feet 26.1 Feet Y
Perimeter Wall Height
• North (Side)

• South (Side)
• East (Front)
• West (Front)

Max. 6 Feet

Max. 6 Feet
Max. 4.5 Feet
Max. 4.5 Feet

8 Feet

8 Feet
8 Feet
8 Feet

Yes, with
Variance
approval
Y*
Y*
Y*

*Located out of the
yard setback area.

Trash Enclosure Screened
Min. 6’ High

Screened
8’ High
Y
Mechanical Equipment Screened None shown on
the plans
N/A

Item 2B - Page 112
Planning Commission Staff Report
December 14, 2022 – Page 7 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

Existing Zoning Permitted Density Units Allowed
CBD/R-2 CBD Zone:

Minimum 21 du/acre
Maximum: 30 du/acre
FAR (All Buildings): 1.0

R-2 Zone:

Min. 21 du/acre to Max. 30
du/acre*
FAR (Non-Residential): 1.0

*Equal to density permitted
under the General Plan Land
Use Element (CBD). Area
zoned R-2 does NOT front on
a major thoroughfare.

CBD Zone:

Minimum: 25 units
Maximum: 36 units
FAR (All Buildings): 1.0

R-2 Zone:

Minimum: 25 units
Maximum: 35 units
FAR (Non-Residential): 1.0

Proposed Zoning Permitted Density Units Allowed
C-1 Min. 10 du/acre to Max. 30
du/acre*
FAR (Non-Residential): 1.0

*Equal to density permitted
under the General Plan Land
Use Element (CBD).

Minimum: 24 units
Maximum: 72 units
FAR (Non-Residential): 1.0

General Plan
Permitted Density
Site Area Units/FAR
Allowed
Units/FAR
Proposed
Compliance
Residential Use:
• Minimum: 10
dwelling units per
acre
• Maximum: 30
dwelling units per
acre

2.4 Acres Minimum: 24
Maximum: 72
24 Units Y
Non-Residential Use:

FAR: 1.0

2.4 Acres 1.0 0.05 Y

Item 2B - Page 113
Planning Commission Staff Report
December 14, 2022 – Page 8 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

Pursuant to PSZC Section 93.26.00 (“D” Downtown Parking Combining Zone) , the following parking standards apply:

Parking Requirement
Use SF or #
of Units
Parking
Ratio
Space
Required
Provided
Comp.

Reg. Handi-
cap Reg. Handi-
cap
Residential:
24-unit
condominium
3 Units 0.5
space/1
BDR

1.5 58*

17 Units 1
space/2
BDR
17 4 Units 1
space/3
BDR
4 Non-Residential:

Commercial
(Yoga, Gym,
Spa – Open to
Public)
2,214
SF

1/375
SF

5.9 TOTAL SPACES REQUIRED 28.4 ≈
28 58 Y
Regular and Handicap Spaces Req. 25 3 55 3 Y
*Including guest and handicapped parking spaces.

ANALYSIS:

Proposed Uses:

Pursuant to Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), mixed- use development projects are permitted by right in the C -1 Zone. Section 91.00.10.B of the Palm Springs Zoning Code defines a mixed- use as, “… a development type where residential uses and commercial and/or civic uses are integrated within a single building or a single development, and where the uses share pedestrian access, vehicular access, parking functions, or any combination thereof ”. The proposed project includes a 2,214- square-foot commercial space on the ground level in Building C, which faces North Palm Canyon Drive. As proposed, the commercial space will be occupied by a yoga studio, gym, and spa, which will be accessible to the general public. Athletic and health clubs are permitted by right in the C-1 Zone per PSZC 92.12.01(A)(7) as well.

Site Plan:

The project proposes three detached buildings (Building A,B, and C), which extend in a lineal orientation parallel to West Chino Drive. The proposed buildings meet the minimum Item 2B - Page 114
Planning Commission Staff Report
December 14, 2022 – Page 9 of 21
Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

yard setback requirements except for a section of the north elevation of Building A, which partially abuts the R-2 Zone. The ingress and egress to the site will be primarily provided on North Belardo Road. In addition to the primary entrance on North Belardo Road, the application proposes a new driveway approach on North Palm Canyon Drive for emergency service vehicle access. Although the applicant is seeking Variance approval for the new driveway approach on North Palm Canyon Drive in accordance with Palm Springs Zoning Code Section 93.05.00(C), the driveway approach will not be located within 30 feet from the ultimate curb line of intersection streets on the west side (project site side) of North Palm Canyon Drive and it does not require Variance approval.

However, controlled access is discouraged in the C- 1 Zone (PSZC Section 93.05.00.E), and the proposed gates on North Palm Canyon Drive and North Belardo Road require Planning Commission approval as stated in PSZC Section 93.05.00(E).

Mass and Scale:

The project proposes a mix of single-story and two-story construction, with the proposed maximum building height of 26.1 feet. Building C, which is located most southerly on the project site immediately adjacent to West Chino Drive, extends in a U-shaped orientation.

The west wing of Building C, which extends in a parallel orientation to North Belardo Road and abuts to the R-1-A Zone, will be single-story with the proposed building height ranging from 11.5 feet to 15.1 feet. The primary section of Building C parallel to West Chino Drive is designed with a mix of single and two- story construction, which avoids repetitiveness and prevents the building massing from becoming too overwhelming relative to the scale of the adjacent sidewalks and single-story multi-tenant commercial/professional buildings at The Corridor.

Buffers and Open Space:

The project site’s open space is primarily located in the interior courtyard/pool area between Building B and C and along the perimeter of the development. Although there is no minimum open space requirement for the C-1 Zone, the project proposes the open space of 52%. Six lineal planting beds are proposed along the south property line, and the proposed bay parking on North Belardo Road incorporates three 9-foot-wide planting beds for parking area landscaping and shading. Additionally, the north and east project area boundaries will be landscaped. The proposed design incorporates 8-foot-high walls on the perimeter. All the 8- foot-high walls will be located out of the required minimum yard setback areas except for the ones proposed on the north elevation of Building A, which require Variance (Case 6.560 VAR) approval.

Grading and Topography:

The project site’s topography is relatively flat. The topography slopes down from the west to the east with the approximate elevation difference of 6 feet with 1.3% slope. The project proposes runoff collection points near the mid- section and emergency service vehicle gate on the main driveway and in the southeastern section of the project site between Building B and C. Additionally, a subterranean stormwater retention is proposed Item 2B - Page 115
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under the main driveway.

Access Gates:

The project proposes a gate on North Belardo Road for the primary residential access and an emergency service vehicle access gate on North Palm Canyon Drive. Controlled access is discouraged per PSZC Section 93.05.00(E); however, it may be approved by the Planning Commission as stipulated below:

“Controlled access is discouraged. Controlled access to developments shall only be approved by the Planning Commission where the applicant can establish that the development will be significantly impacted by unauthorized parking from adjacent uses or traffic impacts from adjacent uses beyond the design capacity of the internal streets, and will not negatively impact unauthorized parking, traffic, or public safety at adjacent uses. When considering applications for controlled access, the Planning Commission shall evaluate the use of parking restrictions or traffic calming measures first as an alternative to controlled access. Where controlled access to a development is proposed by the use of guardhouses, gates or other similar controls, the design of such access shall incorporate such features as service and emergency access, on- site turn-around, relevant signing, or other similar features as may be required by the Planning Commission.”

The proposed mixed-use development includes a commercial use which will be accessible to the general public. It can be argued that this condition makes the site more susceptible to unauthorized parking compared to a residential -only development where drivers are generally limited to the residents . A lack of controlled access can lead to unauthorized parking within the community which can potentially interfere with the site’s vehicular circulation and public safety (e.g. parking in fire lane, blocking garage doors) , and gates would give clear differentiation for the visitors to identify which area is accessible to non-residents and which area is not. The entry on North Belardo Road is designed with a gate house and a turn-around area, which is designed with suffici ent space to accommodate traffic congestion. In addition to the gate on North Belardo Road, the proposed site design includes an emergency service vehicle gate on North Palm Canyon Drive to prevent unauthorized access. Should the Planning Commission elect to preclude the gates, a new condition can be added to the conditions of approval.

FINDINGS – CHANGE OF ZONE (Case 5.1541 CZ):

Section 94.07.00(A) of the Palm Springs Zoning Code (PSZC) requires that the following conditions be met in order to justify a Change of Zone application. Staff has analyzed the findings as listed below:

Criteria and Findings [PSZC 94.07.00(A)] Compliance

1. The proposed change of zone is in conformity with the general plan map and report. Y
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Criteria and Findings [PSZC 94.07.00(A)] Compliance
The General Plan land use designation of the site is CBD (Central Business District). The project proposes to change the site’s current split zone designations of CBD (Central Business District) and R -2 (Limited Multiple -Family Residential) to C -1 (Retail Business) entirely which is consistent with the CBD designation .

Mixed-use developments are permitted by right in the C -1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), and it is consistent with the intent of the CBD General Plan land use designation area which encourages a mix of commercial and residential uses (Palm Springs 2007 General Plan, page 2-7). The proposed project meets the General Plan density requirement of the CBD land use designation area as well.

Y
Both mixed -use development s and athletic/health clubs are permitted by right in the C-1 Zone per Palm Springs Zoning Code (PSZC) Sections 92.12.01(A)(35) and (A)(7). The 2.4-acre project site area far exceeds the minimum lot size requirement of the C-1 Zone. The proposed residential and commercial uses are compatible with the site’s surrounding uses , which include single/multi-family residential and commercial/professional. The primary access to the site is provided on North Belardo Road, and the project proposes emergency service vehicle access on North Palm Canyon Drive.

3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.

Y
As noted earlier, the site’s zone designation is currently split (CBD & R-2 Zones). The approval of the Change of Zone will allow future development and land uses at the site to be governed under the regulations of one zone entirely, which allows more seamless and consistent development throughout the site . A majority of the properties on both sides of North Palm Canyon Drive between Alejo Road and East Vista Chino are zoned C -1, and only five parcels on the west side of North Palm Canyon Drive are zoned CBD in the section. The approval of the Change of Zone will result in the extension of the C -
1 Zone designation along North Palm
Canyon Drive , and the proposed uses are compatible with the site’s surroundings.

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Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

FINDINGS – MAJOR DEVELOPMENT PERMIT (Case 3.4191 MAJ/DEV):

PSZC Section 94.04.01(D) requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Criteria and Findings [PSZC 94.04.01(D)] Compliance

1. The proposed project is consistent with the General Plan and any applicable specific plan; Y
The project proposes a mixed-use development which includes 24 condominiums and a 2,214- square-foot commercial space on the North Palm Canyon Drive frontage. The City Council adopted Resolution No. 25072 on November 10, 2022, which amended and lowered the General Plan CBD land use designation minimum density requirement. The proposed 24- unit condominium meets the new minimum density requirement because it is a new mixed- use project which dedicates at least 75% of its frontage facing a major throughfare to public -
serving commercial use. The
proposed uses are consistent with the intent of the CBD land use designation area. The project site is not located in a Specific Plan area.

2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
Y
Pursuant to Palm Springs Zoning Code (PSZC ) Section

92.12.01(A)(35), mixed-use development projects are permitted by right in the C -1 Zone. The proposed project includes a 2,214- square-foot commercial space on the ground level in Building C, which faces North Palm Canyon Drive. The commercial space will be occupied by a yoga studio, gym, and spa, which will be accessible to the general public and residents. Athletic and health clubs are permitted by right in the C -1 Zone per PSZC

92.12.01(A)(7) as well.

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;
Yes, as
conditioned
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Criteria and Findings [PSZC 94.04.01(D)] Compliance
The proposed project conforms to the applicable development standards except for the proposed yard setback for the portion of the north elevation of Building A which abuts the R-2 Zone and the 8-foot-high walls along the north property line where the code- allowed maximum wall height is 6 feet. The applicant has submitted a Variance application to address these issues. Staff is recommending a condition of approval which requires the approval of the Major Development Permit application to be contingent upon the approval of the Variance application. As conditioned, and with approval of the variance,
the proposed project meets this
requirement.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Y The project proposes the maximum building height of 26.1 feet, which is less than the 30-foot-maximum permitted in the C-1 Zone.

The project site is adjacent to single- story developments, and the project proposes a mix of single and two-story buildings to control massing and achieve compatibility with the site’s surroundings .

Building A (two-story) will be located closest to the existing development to the north at a 5-foot setback. The lot immediately north of the project site is a 30- foot-wide vacant parcel, which is developed with an underground stormwater pipe as a part of the Riverside County’s stormwater network. Hence, the chance of the undeveloped parcel being developed is very unlikely. The separation distance will minimize the visual impact of the project.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;
Yes, as
conditioned
The proposed project meets all of the setback requirements except for a portion of Building A, which is located along the north property line.

The minimum yard setback requirement is
determined by the zone designation of the adjacent parcel. The zone designation of the neighboring property is split into CBD (east half) and R -2 (west half). Although the proposed 5- foot setback conforms to the yard setback requirement for the east side half, the area immediately adjacent to the R-2 Zone does not meet the 20- foot-minimum yard setback requirement. The applicant has filed a Variance application (Case 6.560 VAR)
to address the setback
issue. Staff is recommending a condition of approval, which requires the approval of the Major Development Permit application be contingent upon the approval of Case 6.560 VAR. As
conditioned, and with approval of the variance, the project meets this requirement.

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Criteria and Findings [PSZC 94.04.01(D)] Compliance

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or
continues the city’s
existing grid in accordance with the Circulation Plan of the General Plan;
Y
The traffic scoping letter concludes that the proposed project is anticipated to generate a total of 283 trip- ends per day with 14 vehicles per hour during the AM peak hour and 27 vehicles per hour during the PM peak hour. The anticipated number of trips during the peak hour is less than 50, and the traffic impact on the nearest intersections at North Belardo Road/West Chino Drive and North Palm Canyon Drive/West Chino Drive will be minimal. The main access to the site will be located approximately 175 feet away from the intersection of North Belardo Road and West Chino Drive, and it will not affect the existing street network.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; Y The proposed parking lot and driveway design meet the
requirements of Palm Springs Zoning Code Section 93.06.00 (“Off- Street Parking”). The project proposes controlled access.

Controlled access gates and bay parking may be approved subject to
Planning Commission review (PSZC Sections 93.06.00.C.11 and PSZC Section 93.05.00.E).

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;
Yes, as
conditioned
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Criteria and Findings [PSZC 94.04.01(D)] Compliance
Pursuant to Palm Springs Zoning Code Section 92.12.03(D)(2)(a), a minimum 50% of the yard setback area needs to be maintained in decorative landscaping and the remainder may be maintained in decorative paving. Additionally, a 5- foot-wide landscape buffer is required along the north elevation of Building A, which abuts a residential zone (PSZC Section 92.12.03.D.2.b). The project site is designed to meet these perimeter landscaping requiremen ts.

The main stormwater retention is proposed under the main driveway, and an additional stormwater collection point is proposed near the planting bed by the spa in the courtyard. The proposed project includes 8-foot-high walls in selected areas along the north property line for which the applicant is seeking Variance approval. Staff is recommending a condition of approval, which requires the approval of the Major Development Permit application be contingent upon the approval of Case 6.560 VAR. As
conditioned, and with approval of the variance, the project meets this requirement.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Y
The proposed project site is l ocated in an urban area surrounded by existing development s, public infrastructures are available to serve the proposed project.

10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
Y
An Initial Study (IS) was conducted, and a Mitigated Negative Declaration (MND) has been prepared for the proposed project.

With the implementation of the proposed mitigation measures, any potential significant impacts can be reduced to less than significant. A copy of the CEQA IS/MND documents
, public
comments, and responses to the public comments are attached to this staff report (Attachments 10, 11, & 12).

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. Y
The project proposes a mixed -use project which includes 24 residential condominiums and a 2,214- square-foot commercial space which will be occupied by health/athletic club uses. These uses are compatible with the surrounding developments, and they do not pose any unacceptable adverse effects on public welfare, health, or safety.

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Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

FINDINGS – VARIANCE APPLICATION (Case 6.560 VAR):

PSZC Section 94.06.00(B) requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Criteria and Findings [PSZC 94.06.00(B)] Compliance

1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

Y
The project site is immediately adjacent to a 30 -foot-wide parcel, which is developed with an underground Riverside County Flood Control stormwater pipe. The 20- foot
side yard setback
requirement is imposed along the project site’s north property line because a portion of the adjacent lot is zoned R -2. However, the possibility of the adjacent site to the north being developed to serve uses that are intended for the R-2 Zone is highly unlikely because of the existing utilities. The split zone designation of the adjacent property prevents the site from implementing a consistent yard setback without compromising the site’s full development potential.

The project site is one of few properties between Alejo Road and East Vista Chino that are
privately owned and currently
undeveloped. Since other properties are already in development, the minimum yard setback requirement on such a project would not compromise the development potential in a same fashion that would affect the proposed project. As for the proposed 8-foot-high walls, there will be a narrow open space between the project site and the existing development located on the north side of the neighboring property for which no surveillance or territorial reinforcement will be provided. The installation of walls that are lower in height raises a security concern. Therefore, the strict application of the minimum yard setback and wall height requirements would deprive the privileges enjoyed by other properties in the vicinity.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

Y
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Criteria and Findings [PSZC 94.06.00(B)] Compliance
As explained in item 1 above, there are special circumstances that exist due to the location and surroundings of the project site. The City’s mapping database indicates that the project site and the adjacent 30-foot-wide lots are the only parcels that are privately owned and currently undeveloped. While there are other parcels along the west side of North Palm Canyon Drive that are split zoned with R-2 and C-1 designations, these properties are already developed or publicly owned. Additionally, these properties do not abut to a parcel which is intended to serve public utilities. Hence, the potential hardship caused by strictly adhering to the side yard setback and wall height requirements would be different for the project site and other properties in the neighborhood. Therefore, the approval of the Variance will not gra nt special privilege to the property owner and the project meets this finding.

3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated.

Y
Variance approval is requested for a reduced side yard setback for a portion of Building A on the north elevation and increased wall height along the north property line. The yard setback reduction and wall height increase will not negatively affect the welfare of the general public because the adjacent property to the north, which future development is highly unlikely due to the existing utilities, will provide an adequate setback from the proposed project.

4. The granting of such variance will not adversely affect the general plan of the city. Y
Granting Variance approval will not alter the nature of the project which proposes a mixed-use development. The proposed project meets the density and development intensity requirements for the General Plan CBD land use designation area, and the proposed uses at the site are consistent with the intent of the General Plan as well. The Variance approval will not alter the project in a such a manner as to create adverse impact.

FINDINGS – TENTATIVE TRACT MAP (Case TTM 38190):

Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map:

Criteria and Findings Compliance

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans. Y Item 2B - Page 123I .____I ___ _
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Criteria and Findings Compliance
The project site is located within the CBD General Plan land use designation area in which a mix of high-density/intensity residential and commercial uses is allowed (Palm Springs 2007 General Plan, page 2-7). The project site is not located within a Specific Plan area.

2. The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zone in which the property is located.

Yes, as
conditioned
The proposed project conforms to the applicable development standards except for the proposed yard setback for the portion of the north elevation of Building A which abuts the R-2 Zone and the 8-foot-high walls along the north property line where the code- allowed maximum wall height is 6 feet. The applicant has submitted a Variance application to address these issues. Staff is recommending a condition of approval which requires the approval of the Tentative Tract Map applicati on (Case TTM 38190) to be contingent upon the approval of the Variance application (6.560 VAR). As conditioned, and with approval of the variance, the proposed project meets this requirement.

3. The site is physically suited for this type of development. Y The existing use immediately south of the project site is multi - tenant commercial and professional buildings, and the project site abuts an existing single- family residential use to the west. The existing development on the north side of the adjacent 30- foot- wide undeveloped parcel is multi-family residential and commercial uses
. Since the project proposes a mix of residential and
commercial uses, the site is suitable for the proposed project.

4. The site is physically suited for the proposed density of development. Y
The project proposes a mixed-use development with 24 residential condominium units and a 2, 214-square-foot commercial space.

The density and development intensity of the proposed residential units and commercial space meet the requirements of the General Plan CBD land use designation area and C-1 Zone, which allow a minimum of 24 dwelling units per acre and 1.0 FAR for non- residential uses.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

Y
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Criteria and Findings Compliance
The project site is located within an established urban area immediately adjacent to a major throughfare. An Initial Study (IS) was conducted as a part of this application review, and a Mitigated Negative Declaration (MND) has been prepared. With the implementation of the proposed mitigation measures, any potential significant impacts can be red
uced to less than significant. The
mitigation measures will ensure the project will not cause environmental damage or substantially and avoidably injure other habitats. A copy of the CEQA IS/MND document
s, public
comments, and public comment responses are attached to this staff report (Attachments 10, 11, & 12).

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Y
Upon project approval, the proposed mixed -use development will be constructed subject to the City zoning and development codes, which are designed and intended to prevent serious adverse health impacts on the site and its surroundings. The new buildings will be required to connect to sewer, water, and other utility providers to ensure that public health and safety is protected.

Therefore, the project meets this requirement.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

Y
There is an existing 5-foot-wide easement along the east property line on the North Palm Canyon Drive frontage for sidewalk, pedestrian access, and incidental purposes. The proposed project will be fully located out of the easement area, and the proposed project will not interfere with the easement.

ENVIRONMENTAL ANALYSIS:

This project is considered a project under the definitions of the California Environmental Quality Act (CEQA). The City has evaluated the project under CEQA Guidelines and a Mitigated Negative Declaration (MND) has been prepared and circulated for a 20- day public comment period. The comments received during the comment period are attached to this report (Attachment 11). After reviewing the comments, staff has determined that the initial study was adequate and that the recirculation of the environmental analysis was not necessary. However, staff is recommending revisions to some of the mitigation measures in response to the comments provided by the California Department of Fish and Wildlife (CDFW) relating to nesting birds (MM BIO-1), CVMSHCP (Coachella Valley Multiple Species Habitat Conservation Plan) Compliance (MM BIO-2), and burrowing owl surveys (MM BIO -4). The CDFW is recommending the implementation of mitigation measures to address special status plants (MM BIO-3), desert tortoise surveys (MM BIO- 5), desert kit fox surveys (MM BIO-6), and the measures for minimizing impacts to other Item 2B - Page 125
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species (MM BIO-7). However, staff has determined that the addition of such measures is unnecessary due to the project site’s location and existing conditions . Furthermore, staff is recommending the environmental data and environmental document filing fee requirements as conditions of approval, in addition to the adoption of the Mitigation Monitoring and Reporting Program presented by the CDFW with the revisions mentioned above. With these revisions, staff finds that the analysis is a complete description of the project and its potential adverse impacts. The recommended Mitigation Measures are anticipated to reduce any potentially significant impacts to less than significant levels.

CONCLUSION:

As analyzed above, the proposed project meets the required findings as conditioned.

Additionally, the proposed CEQA mitigation measures are adequate to reduce any potential environmental impact s to less than significant level. Therefore, staff recommends that the Planning Commission approve Case 6.560 VAR (Variance) , Case

3.4191 MAJ/DEV (Major Development Permit), and TTM 38190 (Tentative Tract Map) , and recommend the following actions to the City Council subject to conditions in Attachment 4:

1. Adopt the Mitigated Negative Declaration as an adequate environmental document for the proposed project and associated impacts;

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: Edward Robertson, Principal Planner
REVIEWED BY: Christopher Hadwin, Director of Planning Services

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. General Plan/Zoning Maps

4. Draft Resolution & Exhibit A

5. Justification Letter

6. Public Integrity Disclosure Form

7. Neighborhood Outreach Meeting Minutes

8. Meeting Minutes from Study Session

9. Public Correspondence Letter(s)

10. CEQA Initial Study/MND

11. CEQA Public Comments
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Cases 5.1541 CZ, 3.4191 MAJ/DEV, TTM 38190, 6.560 VAR

12. CEQA Response to Comment Letters

13. Mitigation Monitoring and Reporting Program (MMRP)

14. Traffic Scoping Letter

15. Site Photographs

16. Plans

Item 2B - Page 127

ATTACHMENT L
Item 2B - Page 128

55575.18195\40680762.2

Final
RIOS Project
Initial Study/Mitigated Negative Declaration

Lead Agency:

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Prepared by:

The Altum Group
44-600 Village Court, Suite 100
Palm Desert, CA 92260

October 2022
Item 2B - Page 129

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55575.18195\40680762.2

TABLE OF CONTENTS
RIOS Project i October 2022

Table of Contents
Chapter 1 Introduction ....................................................................................................................................... 7

1.1 Authority ........................................................................................................................................... 8

1.2 Scope of Environmental Review ........................................................................................................ 8

1.3 Impact Assessment Terminology ...................................................................................................... 8

1.4 Organization of the Initial Study ....................................................................................................... 9

1.5 Documents Incorporated by Reference ............................................................................................ 9 Chapter 2 Project Description .......................................................................................................................... 10

2.1 Project Location and Setting ........................................................................................................... 10 Chapter 3 Environmental Evaluation ............................................................................................................... 15

3.1 Aesthetics ........................................................................................................................................ 16

3.2 Agriculture and Forestry Resources ................................................................................................ 18

3.3 Air Quality ........................................................................................................................................ 20

3.4 Biological Resources ........................................................................................................................ 33

3.5 Cultural Resources ........................................................................................................................... 38

3.6 Energy .............................................................................................................................................. 41

3.7 Geology and Soils ............................................................................................................................ 43

3.8 Greenhouse Gas Emissions ............................................................................................................. 46

3.9 Hazards and Hazardous Materials ................................................................................................... 52

3.10 Hydrology and Water Quality .......................................................................................................... 55

3.11 Land Use and Planning .................................................................................................................... 59

3.12 Mineral Resources ........................................................................................................................... 60

3.13 Noise ................................................................................................................................................ 61

3.14 Population and Housing .................................................................................................................. 67

3.15 Public Services ................................................................................................................................. 68

3.16 Recreation ....................................................................................................................................... 71

3.17 Transportation ................................................................................................................................. 72

3.18 Tribal Cultural Resources................................................................................................................. 75

3.19 Utilities and Services ....................................................................................................................... 77

3.20 Wildfire ............................................................................................................................................ 81

3.21 Mandatory Findings of Significance ................................................................................................ 82 Chapter 4 Report Preparers ............................................................................................................................. 85

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TABLE OF CONTENTS
RIOS Project ii October 2022

List of Tables
Table 1 Salton Sea Air Basin Attainment Status ........................................................................................... 21 Table 2 SCAQMD Air Quality Significance Thresholds for Coachella Valley1,2 ........................................... 21 Table 3 Construction-Related Regional Pollutant Emissions ....................................................................... 27 Table 4 Regional Operational Pollutant Emissions ...................................................................................... 29 Table 5 Maximum Number of Acres Disturbed Per Day .............................................................................. 30 Table 6 Local Construction Emissions at the Nearest Receptors ................................................................. 31 Table 7 Project-Related Greenhouse Gas Emissions ................................................................................... 48 Table 8 City of Palm Springs CAP Applicable Measures Project Comparison .............................................. 49

List of Exhibits
Exhibit 1 Regional Map................................................................................................................................... 12 Exhibit 2 Vicinity Map ..................................................................................................................................... 13 Exhibit 3 Site Plan ........................................................................................................................................... 14 Appendix
Appendix A Air Quality, Global Climate Change, and Energy Impact Analysis Appendix B Habitat Assessment and Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHP) Consistency Analysis
Appendix C Historical/Archaeological Resources Survey Report Appendix D Noise Impact Analysis
Appendix E Preliminary Hydrology Report
Appendix F Project Specific Preliminary Water Quality Management Plan Appendix G Traffic Scoping Letter
Item 2B - Page 132
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ACRONYMS
RIOS Project iii October 2022

Acronyms
AB Assembly Bill
AMSL Above Mean Sea Level
APN Assessor’s Parcel Number
AQMP Air Quality Management Plan
BAU Business as Usual
BMPs Best Management Practices
CAAQS California Ambient Air Quality Standards
CA EPA California Environmental Protection Agency
CalEEMod California Emissions Estimator Model
CALGreen California Green Building Standards
Caltrans California Department of Transportation
CAP Climate Action Plan
CARB California Air Resources Board
CBC California Building Code
CCR California Code of Regulations
CDC California Department of Conservation
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFG California Fish and Game
CNEL Community Noise Equivalent Level
CO Carbon Monoxide
CO2 Carbon Dioxide
COP Citizens on Patrol
CVAG Coachella Valley Association of Governments
CVMSHCP Coachella Valley Multiple Species Habitat Conservation Plan dB Decibel
dBA A-weighted decibels
DTSC California Department of Toxic Substances Control DVD Desert Valley Disposal
DWA Desert Water Agency
EOP Emergency Operations Plan
EPA Environmental Protection Agency
ESA Endangered Species Act
FTA Federal Transit Administration
GHG Greenhouse Gas
IS Initial Study
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ACRONYMS
RIOS Project iv October 2022

ITE Institute of Engineers
Lbs/day Pounds per Day
Leq Equivalent Continuous Sound Pressure Level
LST Localized Significance Threshold
M-1P Planned Research and Development Park Zone
MBTA Migratory Bird Treaty Act
MLD Most Likely Descendant
MMTCO2e Million Metric Tons of CO2 Emitted
MWD Metropolitan Water District of Southern California N2O Nitrous Oxides
NAASQ National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NO Nitric Oxide
NO2 Nitrogen Dioxide
NOx Nitrogen Oxide
NPDES National Pollution Discharge Elimination System
NRHP National Register of Historic Places
O3 Ozone
OPR Office of Planning and Research
OSHA Occupational Safety and Health Administration
PM Particulate Matter
PM10 Particulate Matter Equal to or less than 10 Microns in Diameter PM2.5 Particulate Matter Equal to or less than 2.5 Microns in Diameter PPM Parts per Million
PPV Peak Particle Velocities
PRC California Public Resources Code
PSI Pounds per square inch
PSUSD Palm Springs Unified School District
RCALUC Riverside County Airport Land Use Commission
RCRA Resource Conservation and Recovery Act
RCS/SCS Regional Transportation/Sustainable Communities Strategy RMS Root Mean Square
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SCAB South Coast Air Basin
SCAG Southern California Associations of Government
SCAQMD South Coast Air Quality Management District
SCE Southern California Edison
SCS Sustainable Communities Strategy
SIP State Implementation Plan
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ACRONYMS
RIOS Project v October 2022

SO2 Sulfur dioxide
SoCal Gas Southern California Gas
SOI Sphere-of-Influence
SOx Sulfur Oxide
SP Service Populations
Sq. ft Square feet
SRA Source Receptor Area
SSAB Salton Sea Air Basin
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TTM Tentative Tract Map
USACE United States Army Corps of Engineers
USFWS U.S. Fish and Wildlife
UST Underground Storage Tank
UWMP Urban Water Management Plan
VdB Vibration decibels
VMT Vehicle Miles Traveled
VOC Volatile Organic Compounds
WMP Water Management Plan
WQMP Water Quality Management Plan

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1 INTRODUCTION
RIOS Project 7 October 2022

Chapter 1 Introduction
Project Title: RIOS Project
Case No. 5.1541 – Change of Zone
38190 – Tentative Tract Map

3.4191 – Major Architectural Review

6.560 – Variance

Assessor’s Parcel No. Assessor’s Parcel Number (APNs): 505-322-001 thru -004

Lead Agency Name and

Address:

City of Palm Springs

3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Project Location:

575 North Palm Canyon Drive

Project Sponsor’s Name
and Address:

RIOS
3101 W. Exposition Place
Los Angeles, CA 90018

General Plan Designation:

Existing: Central Business District (CBD)

Zoning:

Existing: CBD and Limited Multiple-Family Residential (R-2) Proposed: Retail Business (C-1)

Project Description The proposed Project consists of the development of 24 condominium units and a 2,214 square foot commercial space for a spa, yoga studio, and a gym.

Contact Person:

Noriko Kikuchi, Associate Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Phone Number:

760-323-8245

Date Prepared:

October 2022

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1 INTRODUCTION
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1.1 Authority
The City of Palm Springs is the lead agency for the proposed Project. The City Council is the governing body for the approval of the Project and adoption of the Mitigated Negative Declaration. Because the Project involves a change to the existing site, the City Council’s consideration of the Project and its potential environmental effects is a discretionary action that is subject to the California Environmental Quality Act (CEQA). This Subsequent Initial Study (IS) and its appendices have been pre pared in accordance with CEQA (Statute), the State’s Guidelines for Implementation of CEQA (Guidelines) (as amended, 2018), and the City’s CEQA Guidelines for preparation of an IS. This IS, when combined with the Notice of Intent to Adopt a Mitigated Negative Declaration, serves as the environmental document for the proposed project pursuant to the provisions of CEQA (Public Resources Code 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Section 15000, et seq.).

1.2 Scope of Environmental Review
The IS evaluates the proposed Project’s potential environmental impacts on the following topics:

• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology/Soils
• Greenhouse Gas Emissions
• Hazards/Hazardous Materials
• Hydrology/Water Quality
• Land Use/Planning
• Mineral Resources
• Noise
• Population/Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities/Service Systems
• Wildfire
• Mandatory Findings of Significance

1.3 Impact Assessment Terminology
The Environmental Checklist identifies potential impacts using four levels of significance as follows:

• No Impact. A finding of no impact is made when it is clear from the analysis that the proposed Project would not affect the environment.
• Less than Significant. A finding of less than significant is made when it is clear from the analysis that a proposed Project would cause no substantial adverse change in the environment and no mitigation is required.
• Less than Significant with Mitigation Incorporated. A finding of less than significant with mitigation incorporated is made when it is clear from the analysis that a pr oposed Project would cause no substantial adverse change in the environment when mitigation measures are successfully implemented by the project proponent.
• Potentially Significant. A finding of potentially significant is made when the analysis concludes that the proposed Project could have a substantially adverse impact on the environment related to one or more of the topics listed in the previous section, Scope of Environmental Review.

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2 PROJECT DESCRIPTION
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1.4 Organization of the Initial Study
The content and format of this IS meet the requirements of CEQA. This IS contains the following sections:

• Chapter 1 Introduction. This chapter provides a brief summary of the proposed Project, identifies the lead agency, summarizes the purpose and scope of the IS, and identifies documents i ncorporated by reference.
• Chapter 2 Project Description. This chapter provides a project overview including a description of the regional location and Project vicinity, including Exhibits; and provides a description of the Project elements, e.g., dimension s of the Project, and identifies other agencies that may have permitting authority over the project.
• Chapter 3 Environmental Evaluation. This chapter provides a copy of the City’s Environmental Checklist and responses to each question posed in the checklist. This chapter also provides a brief description of the sources used to evaluate the proposed Project, a brief description of the existing conditions for each topic and an analysis of potential environmental impacts. Mitigation measures are also identified where necessary.
• Chapter 4 List of Preparers. This chapter identifies City staff and consultants who were responsible for the preparation of the IS and implementation of the Project.

1.5 Documents Incorporated by Reference
As allowed by CEQA Guidelines Section 15150, a Mitigated Negative Declaration may incorporate by reference all or portions of another document that is generally available to the public. The document used must be available for public review for interested parties to access during public review of the Subsequent Initial Study and Notice of Intent to Adopt a Mitigated Negative Declaration for this Project. The City of Palm Springs General Plan document is incorporated by reference.

This document is also available for review at Palm Springs Ci ty Hall at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The project specific reports are attached to the Subsequent Initial Study as appendices. The General Plan is located on the City’s website at:
https://www.palmspringsca.gov/government/departments/planning/general-plan.

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2 PROJECT DESCRIPTION
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Chapter 2 Project Description

2.1 Project Location and Setting
Project Location
The proposed Project is located within four vacant and undeveloped parcels at 575 North Palm Canyon Drive in the City of Palm Springs (City), Riverside County, California (Exhibit 1 – Regional Map, Exhibit 2 – Vicinity Map, and Exhibit 3 – Site Plan). The site encompasses Assessor’s Parcel N umbers (APNs) 505-322-001, 505- 322-002, 505-322-003, and 505-322-004. The approximately 2.4-acre Project site is located to the north side of West Chino Drive between North Belardo Road and North Palm Canyon Drive.

The Project site is located in the north -central portion of the City, approximately 2.5 miles west of the Palm Springs International Airport. Land to the immediate north is developed with both multi-family complexes and a restaurant; land to the immediate east is North Palm Canyon Drive and beyond is the Desert Art Center with a theatre and art museum; land to the immediate south is West Chino Drive and beyond are restaurants and commercial uses; and land immediately to the west is North Belardo Road and beyond are single-family homes.

Project Description
The proposed Project includes a Change of Z one of the Project site from Central Business District (CBD) and Limited Multiple-Family Residential (R-2) to Retail Business (C -1). Approval of the Change of Zone, Tentative Tract Map, Major Architectural Review, and a Variance would allow for the development of 24 condominiums and 2,214 s.f. of commercial space to be used as a yoga studio, spa, and gym within the Project site. The proposed project is in compliance with Senate Bill (SB) 330.

Based on information provided by the Project Applicant, the Project is expected to be constructed in five phases: site preparation, grading, building construction, paving, and architectural coating. For purposes of this analysis in this IS/MND, cons truction is anticipated to begin the beginning of November 2022 , taking approximately 18 months to complete, with completion estimated early May 2024 . The anticipated opening year for the proposed Project is May 2024.

The proposed Project will include a 24 -unit condominium development consisting of a mix of 1, 2, and 3 bedroom single story units arranged in a two story development with shared amenit ies/services. The commercial spaces along North Palm Canyon will be built to provide facilities for athletic or health clubs, physical therapists, and spa uses to offer their services to both the residents of the property and the public.

Environmental Setting and Surrounding Land Uses
The Project site is currently vacant and sparsely vegetated with some trees and shrubs along Belardo Road and W Chino Drive. City owned street trees line the project site along N Palm Canyon Drive. The site. is surrounded by multi-family residential and commercial uses to the north, commercial uses to the east and south, and single family homes to the west.

The site is currently equipped with a curb and gutter on the east side along North Palm Canyon Drive. Electric and natural gas service would be provided to the Project site by Southern California Edison and Southern Item 2B - Page 140
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2 PROJECT DESCRIPTION
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California Gas Company, respectively. Water and sewer service would be provided to the Project site by Desert Water Agency, and waste management would be provided by Desert Valley Disposal.

Surrounding land uses include:

DIRECTION GENERAL PLAN LAND USE DESIGNATION ZONING DESIGNATION North Central Business District Central Business District East Open Space – Parks/Recreation Open Land Zone
South Central Business District Central Business District West Estate Residential Limited Multiple-Family Residential Project Related Approvals
The discretionary approvals required by the City include:

• Change of Zone No. 5.1541
• Tentative Tract Map No. 38190
• Major Architectural Review No. 3.4191
• Variance No. 6.560
• Adoption of RIOS Project IS/MND

Administrative approvals are required by the City related to the design and construction of stormwater drainage infrastructure, Desert Water Agency (DWA) for construction of water and sewer infrastructure and connected to the water and sewer distribution and conveyance systems, and Colorado River Bas in Regional Water Quality Control Board for issuance of a National Pollutant Discharge Elimination System (NPDES) permit and approval of the Project’s Water Quality Management Plan (WQMP).

Item 2B - Page 141
Exhibit
Banning
Mount San
Jacinto State
Park
Idyllwild
Desert Hot
Springs
Cathedral City
Palm Desert
Palm Springs
Coyote Canyon
Cultural
Preserve
Santa Rosa-San
Jacinto
Mountains
National
Monument
Mecca
Indio
La Quinta
Joshua Tree
National Park
Salton Sea
State
Recreation Area
Regional Map
RIOS Project 1
1 in = 5.9 miles
Item 2B - Page 142
Exhibit
N
Ros
e
Ave
N Vi
a
Mon te Vi
s
W V ia Lo la
W Cami no Su r
W Vered a Su r
N P
al
m C anyon Dr
N Be
lardo Rd
W A lejo Rd
W M erito P l
E Alejo Rd
N Calle Encilia
O'Donnell Golf
Club Greyhound Bus
Station
Hyatt Palm
Springs
N Her
mo
sa
Dr
E T ache vah D r
N Arquil
la
Rd
E Paseo E l Mirad or
E Mel A ve
E Tamarisk Rd
Ruth Hardy Park
Katherine
Finchy
Elementary
School
Desert Regional
Medical Center
N Cal
le Alvarad
o
E Ale jo R dN Aven
ida Caba
lleros
E Granvia Valmonte
N Herm
os
a Dr
N C
alle El
Segundo E Ama do Rd
Renaissance
Palm Springs
Hotel
Vicinity Map
RIOS Project 2
1 in = 0.2 miles
Item 2B - Page 143
Exhibit
3 Site Plan
RIOS Project
Point 2
Facing North
Point 4
Facing East
Point 5
Facing Northwest
Point 7
Facing West
Point 8
Facing South
Point 9
Facing East
Point 2
Faci North
Poiiii
Fa ii
P
Point 2
Poin
Facing Northwest
Faci North
Faci North
oo ttt 77777
PoPoPoPooininininnt t t tt 44444
PoPPoPoinnnt t t tt 4444
ggg ssttt
Faaaciciciingngng EEEEasasastttt
Faaacicic ngngng EEasaastt
Point 8
Point 5
Point 5
Point 2
Point 2
Point 2
Point 2
Facing Northw
Facing Northw
Facing North
Facing North
Facing North
Facing North
PoPoPooooooinininininttt 9
FaFaFaFaFacciccccc ngg EEEEEEasassassasasasaaa ttttt
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3 ENVIRONMENTAL EVALUATION
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Chapter 3 Environmental Evaluation
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” or “Less Than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous
Materials
Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Tribal Cultural Resources Utilities and Service Systems Mandatory Findings of
Significance

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 adequ ately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as describe 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 eff ects 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 ar e imposed upon the proposed project, nothing further is required.

__________________________________________________ _______________ Signature Date

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3 ENVIRONMENTAL EVALUATION
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3.1 Aesthetics

3.1.1 Sources
• City of Palm Springs, General Plan, Circulation Element, 2007

3.1.2 Environmental Setting
The Project site is located in the western region of the Coachella Valley within the City of Palm Springs, at the north side of West Chino Drive, west of North Palm Canyon Drive and east North Belardo Road, Palm Springs.

The Project site is surrounded by the San Bernardino (north and northwest), Little San Bernardino (northeast), San Jacinto ( west and southwest) , and Santa Rosa (southeast) Mountain Ranges. The S an Jacinto, San Bernardino and Santa Rosa Mountains Ranges rise over the valley floor at elevations consisting of 11,489 feet (3,502 meters), 8,716 feet (2,657 m eters), 10,834 feet (3,302 m eters), respectively. Additionally, the foothills of the San Jacinto Mountains extend along the westerly and southerly portio n of the City, approximately half a mile west of the Project site. From the Project site, the San Jacinto and Santa Rosa Mountains provide a picturesque visual backdrop primarily to the southwest and south.

3.1.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
AESTHETICS – Would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?

c) In non -urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?

d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?

a. Less than Significant Impact. There are no designated scenic vistas or scenic resources on or near the Project site. The closest scenic resources are the s cenic views of the San Jacinto Mountains (located approximately 0.35 miles from the Project site) that occur to the west, south, and southwest; views of the San B ernardino Mountains (located approximately 9.0 miles) that occur to the north and northwest; and, views of the Little San Bernardino Mountains (located approximately 11.0 miles) that occur at great distance to the northeast. Surrounding the Project site, views of the lower elevations of the aforementioned are partially blocked due to existing development and distance from the Item 2B - Page 146
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mountains; however, views of the middle and upper elevations of these mountains are kept visibly intact.

The Project site is located along a designated scenic corridor on the east side of the property as identified in the City of Palm Springs General Plan Figure 9 -4. However, the Project site is located in a developed urban area of the City and surrounded by commercial and residential developments. Since the proposed project would not exceed the City ‘s existing height restrictions, and d evelopment allowable under the proposed P roject would be of similar scale to the existing residential and commercial buildings within the Project site vicinity and would therefore not impede views of, or otherwise substantively affect scenic vistas . Prior to development of the Project site , the City w ill review and approve the proposed architectural plans to ensure the proposed development meets the City’s development standards for the Central Business District land use designation and the proposed Retail Business zone.

Based on the foregoing, the Project would not have a substantial adverse effect on a scenic vista and impacts would be less than significant. No mitigation is required.

b. No Impact. According to the City’s General Plan, the majority of the City’s roadways provide views to the San Jacinto and San Bernardino Mountains; however, no surrounding roadways are designated by the state as scenic highways. Furthermore, according to the California Scenic Highway Program, SR - 111, which is located approximately 1.0 mile north of the Project site, is classified as Eligible Scenic Highway – Not Officially Designated. Due to the distance between SR -111 and the Project site, the Project site is not visible to vehicles driving along SR -111. In addition, t here are no historic buildings nor any unique geologic or topographic features such as rock outcrops, bodie s of water, ridges or canyons found on or within the Project site . Therefore, due to topography and intervening development, the proposed P roject would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. No impacts would occur and no mitigation is required.

c. Less than Significant Impact. As mentioned previously, the Project site is located in an urbanized area.

Implementation of the Project would result in the visual conversion of the site from vacant, undeveloped land to 24 condominiums and 2,214 -s.f. of commercial space . The Project would be compatible with the size, scale, and aesthetic features of other existing residential uses located to the north and west of the Project site. Furthermore, the Project would be required to comply with the applicable development standards and design guidelines in the City of Palm Springs Zoning Code Sections 92.01.01 through 92.01.04, which regulates the visual quality of new development and ensures that new development does not detract from any scenic attributes/qualities in the surrounding area. Because the Project is located in an urbanized area and because the Project would not conflict with applicable zoning and other regulations governing scenic quality , impacts would be less than significant and no mitigation is required.

d. Less than Significant Impact. Under existing conditions, the Project site contains no sources of artificial lighting. The Project would introduce new sources of lighting, including streetlights and security lighting. Subject to City review and approval, all Project lighting would be required to conform to regulations, guidelines, and standards establi shed under the City’s Zoning Code Section 93.21.00, Outdoor Lighting Standards , which ensure s adequate lighting for public safety while also minimizing light pollution and glare and public nuisances. Mandatory compliance with the City’s Zoning Code would e nsure that the Project would not introduce any permanent design features that would Item 2B - Page 147
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adversely affect day or nighttime views in the area. I mpacts would be less than significant and no mitigation is required.

3.1.4 Mitigation
No mitigation is required.

3.1.5 Level of Significance after Mitigation
Not applicable.

3.2 Agriculture and Forestry Resources

3.2.1 Sources
• City of Palm Springs, Sustainability Plan, May 2016
• City of Palm Springs, General Plan, Recreation, Open Space and Conservation Element, 2007 • City of Palm Springs, General Plan, Recreation, Land Use Element, 2007

3.2.2 Environmental Setting
Historically, agriculture was once a significant part of the Coachella Valley’s economy. However, changes in the local economy over time have shifted, nearly eliminating all significant agricultural production within the Coachella Valley. According to the City of Palm Springs Sustainability Plan (May 2016), though the City of Palm Springs neither grows, processes, nor distributes food, the City’s policies can foster an environment that supports these activities. Moreover, according to the General Plan, Palm Springs lacks oil, gas, geothermal energy, and agricultural resources, and the forests of the Santa Rosa and San Jacinto Mountains are protected from logging. Based on the General Plan, the Project site has not been designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance and/or properties with Williamson Ac t Contracts.

Furthermore, there is no presence of forestland nor timberland.

3.2.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
AGRICULTURAL AND FORESTRY 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. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract?
c) Conflict with existing zoning for, or cause rezo ning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526) or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?

d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non -agricultural use or
conversion of forest land to non-forest use?

a. No Impact. According to Map My County, the entire Project site is designated as Urban and Built -Up Land. There are no portions of the site that contain Prime Farmlands, Unique Farmlands, or Farmland of Statewide Importance (“Farmland”); therefore, no impact would occur and no mitigation is required.

b. No Impact. The Project site’s existing and proposed zoning designation is not zoned for agricultural use. As shown on Map My County, the Project site is not a part of an agricultural preserve and is therefore not located within a Williamson Act contract area. The Pr oject would not conflict with existing agricultural zoning or with a Williamson Act contract or land within a Riverside County agricultural preserve; therefore, no impact would occur, and no mitigation is required.

c. No Impact. The Project site is not zoned as forest land, timberland, or Timberland Production, nor is it surrounded by forest land, timberland, or Timberland Production land. According to the City of Palm Springs Zoning Map, there are no lands located within the City of Palm Springs that are zoned for forest land, timberland, or timberland zoned Timberland Production. Therefore, the Project has no potential to conflict with any areas currently zoned as forest, timberland, or Timberland Production and would not result in the rezoning of any such lands. No impact would occur and no mitigation is required.

d. No Impact. The Project site does not contain a forest and is not designated as forest land; therefore, the Project would not result in the loss of forest land or the conversion of forest land to non-forest use. No impact would occur and no mitigation is required.

e. No Impact. “Farmland” is defined in Section II (a) of Appendix G of the State CEQA Guidelines as “Prime Farmland,” “Unique Farmland” or “Farmland of Statewide Importance” (“Farmland”). A s disclosed above under Section 3.2.3(a), the Project would not result in the conversion of Farmland to non - agricultural use.

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As discussed under Section 3.2.3(c) and (d), the Project would not convert forest land to non -forest use. No impact would occur and no mitigation is required.

3.2.4 Mitigation
No mitigation measure is required.

3.2.5 Level of Significance after Mitigation
Not applicable.

3.3 Air Quality

3.3.1 Sources
• The SCAQMD CEQA Handbook
• RIOS Project Air Quality, Global Climate Change, and Energy Impact Analysis , Ganddini Group, Inc., March 10, 2022. (Appendix A)
• City of Palm Springs, General Plan, Land Use Element, 2007

3.3.2 Environmental Setting
Both the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) have established ambient air quality standards for common pollutants. These ambient air quality standards contain established levels of contaminants representing safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards include “criteria pollutants” based on the documented effects on human health. Areas that meet ambient air quality standards are classified as attainment areas, while areas that do not meet these standards are classified as nonattainment areas.

CARB divides the state into air basins that share similar meteorological and topographical features. The Project site is located in the City of Palm Springs within the Coachella Valley. The Coachella Valley, including the City of Palm Springs and the Project site, is located within the Salton Sea Air Basin (SSAB), which is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). All development within the SSAB is subject to SCAQMD’s 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP) . The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The Project site is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio.

As shown in Table 1, Salton Sea Air Basin Attainment Status, below, the SSAB has been designated by the EPA as a federal non -attainment area for ozone and fine particulate matter (PM10). Currently, the Basin is in attainment with the national ambient air quality standards for carbon monoxide (CO), sulfur dioxide (S O2), nitrogen dioxide (NO2), and fine particulate matter (PM2.5). The Basin has been designated by the California Air Resources Board (CARB) as a non-attainment area for Ozone and PM10.

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Salton Sea Air Basin Attainment Status
Pollutant State Status National Status
Ozone Nonattainment Nonattainment
Carbon monoxide Attainment Unclassified/Attainment
Nitrogen dioxide Attainment Unclassified/Attainment
Sulfur dioxide Attainment Unclassified/Attainment
PM10 Nonattainment Nonattainment
PM2.5 Attainment Unclassified/Attainment
Source (Federal and State Status): California Air Resources Board & https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations (2018 & 2019).

Many air quality impacts that derive from dispersed mobile sources, which are the dominate pollution generators in the basin, often occurs hours later and miles away after photochemical processes have converted primary exhaust pollutants into secondary contaminant s such as ozone. The incremental regional air quality impact of an individual project is generally very small and difficult to measure. Therefore, the SCAQMD has developed significance thresholds based on the volume of pollution emitted rather than on actual ambient air quality because the direct air quality impact of a project is not quantifiable on a regional scale. The SCAQMD CEQA Handbook states that any project in the SSAB with daily emissions that exceed any of the identified significance thresholds should be considered as having an individually and cumulatively significant air quality impact. A regional air quality impact would be considered significant if emissions exceed the SCAQMD significance thresholds identified in Table 2, SCAQMD Air Quality Significance Thresholds for Coachella Valley, below.

SCAQMD Air Quality Significance Thresholds for Coachella Valley1,2 Mass Daily Thresholds
Pollutant Construction (lbs/day) Operation (lbs/day)
NOx 100 100
VOC 75 75
PM10 150 150
PM2.5 55 55
SOx 150 150
CO 550 550
Lead 3 3
Toxic Air Contaminants, Odor and GHG Thresholds
TACs
Maximum Incremental Cancer Risk ≥ 10 in 1 million
Cancer Burden > 0.5 excess cancer cases (in areas ≥ 1 in 1 million) Chronic & Acute Hazard Index > 1.0 (project increment)
Odor Project creates an odor nuisance pursuant to SCAQMD Rule 402 GHG 10,000 MT/yr CO2e for industrial projects
Ambient Air Quality Standards
Pollutant SCAQMD Standards
NO2 -1-hour average 0.18 ppm (338 µg/m^3)
PM10 -24-hour average
Construction
Operations

10.4 µg/m^3

2.5 ug/m^3
PM2.5 -24-hour average
Construction
Operations

10.4 µg/m^3

2.5 µg/m^3
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Mass Daily Thresholds
SO2
1-hour average
24-hour average

0.25 ppm

0.04 ppm
CO
1-hour average
8-hour average
20 ppm (23,000 µg/m^3)
9 ppm (10,000 µg/m^3)
Lead
30-day average
Rolling 3-month average
Quarterly average

1.5 µg/m^3

0.15 µg/m^3

1.5 µg/m^3
Notes:
1 Source: http://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf 2 Construction thresholds apply to both the South Coast Air Basin and Coachella Valley. For Coachella Valley, the mass daily thresholds for operation are the same as the construction thresholds

Regulatory Setting

City of Palm Springs
Local jurisdictions, such as the City of Palm Springs, have the authority and responsibility to reduce air pollution through its police power and decision -making authority. The City of Palm Springs Air Quality Element of the General Plan contains the following air quality goals and policies that are applicable to the Project:

GOAL AQ 1 Improve regional air quality to protect the health of the community.

Policies
AQ 1.1 Work to attain ozone, nitrogen dioxide, carbon monoxide, lead, particulate matter, and sulfate standards as enforced by SCAQMD.

AQ 1.2 Identify and implement regional mechanisms that reduce air emissions and improve regional air quality as outlined in the Coachella Valley Association of Governments’ Memorandum of Understanding and SCAQMD’s Air Quality Management Plan.

AQ 1.3 Continue to incorporate, where appropriate, provisions of the SCAQMD Air Quality Management Plan into the City’s Zoning Ordinance.

AQ 1.4 Incorporate the provisions of the SCAQMD Air Quality Management Plan in to project review procedures.

AQ 1.5 Support measures for improving air quality in the South Coast and Salton Sea Air Basins, while opposing measures that may result in transferring air pollution via “credits” to the Inland Empire.

AQ 1.6 Support measures that improve air quality in the Los Angeles air basin, while opposing measures that transfer air pollution via “credits” to the Inland Empire.

AQ 1.7 Participate in meetings between the Coachella Valley Association of Governments (CVAG) and SCAQMD to discu ss and implement regional actions to reduce local air emissions. A comprehensive range of options should be considered including, but not limited to, the following:

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• Supplement existing public transit opportunities with additional routes and/or frequency to facilitate intercity travel.
• Provide local subsidies or other incentives to encourage the use of public transit. • Implement a subregional transportation-demand management program. • Restrict the development of uses that degrade the air quality. • Work with the SCAQMD to focus on the reduction of trip length and total vehicle miles traveled rather than the jobs/housing balance ratio, which can still result in significant trip lengths.

AQ 1.8 Support and implement the provisions of the Coachella Valley Dust Contr ol Ordinance, Handbook, and Memorandum of Understanding.

GOAL AQ 2 Control suspended particulate matter emissions from human activity or from erosion of soil by wind.

Policies
AQ 2.1 Require those projects meeting specialized criteria as identified in the Zoning Ordinance to submit a Fugitive Dust Control Plan prior to the issuance of grading or building permits.

AQ 2.2 Encourage the use of landscaping, vegetation, and other natural materials to trap particulate matter or control other pollutants. Establish windbreaks immediately downwind of large open spaces. Tree species used for windbreaks should be drought tolerant.

AQ 2.3 Reduce the transport of blowsand adjacent to paved roadways and residential areas through the use of chemically stabilizing soil sur faces or snow fence windbreaks. Chemical stabilizing measures should only be used in areas where they will not impact endangered habitats or species.

AQ 2.4 Continue to remove blowsand from City streets and relocate it downwind on a regular and post event basis as part of routine street-cleaning programs.

AQ 2.5 Prohibit the use of off-road vehicles in blowsand areas.

AQ 2.6 Prohibit the transport of earth/soil through the City when wind gusts exceed 25 miles per hour per the City’s PM10 Ordinance.

AQ 2.7 Require the planting of vegetative ground covers as soon as possible on construction sites.

AQ 2.8 Consider adding provisions to the City’s Municipal Code to phase out the use of gas -powered lawn mowers and replace them with electric mowers and to prohibit the use of leaf blowers.

AQ 2.9 Phase mass grading in a way that minimizes, to the greatest extent possible, the exposure of large expanses of graded areas to wind that causes blowing sand.

AQ 2.10 Encourage that landscape plans submitted with new development take into consideration drought tolerance and pollen generation through the selection of appropriate plantings.

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GOAL AQ 3 Protect people and land uses that are sensitive to air c ontaminants from sources of air pollution to the greatest extent possible.

Policies
AQ 3.1 Discourage the development of land uses and the application of land use practices that contribute significantly to the degradation of air quality.

AQ 3.2 Carefully consider the placement of sensitive land uses (schools, residences, daycare, medical uses, etc.) in proximity to sources of air contaminants that pose significant health risks.

GOAL AQ 4 Reduce vehicular emissions.

Policies
AQ 4.1 Encourage the use of mass transit, carpooling, and other transportation options, including alternative-fuel vehicles and bicycles, to reduce vehicular trips.

AQ 4.2 Coordinate with regional service providers to improve regional transportation services.

AQ 4.3 Establish a shuttle service linking the airport, attractions, convention center, major resort activities, and the Downtown area.

AQ 4.4 Encourage walking or bicycling for short -distance trips through the creation of pedestrian - friendly sidewalks and street crossings and efficient and safe bikeways.

AQ 4.5 Integrate land use and transportation planning to the greatest extent possible.

AQ 4.6 Encourage the development of mixed-use and multi-use projects.

AQ 4.7 Study, and implement if feasible, the development of a combined sh uttle program from the airport to major hotels in Palm Springs.

AQ 4.8 Consider the development of “cell phone” parking lots at the airport. These lots would provide short-term parking (less than 30 minutes) that allows passengers to call their rides when they are ready to be picked up. This approach can minimize the drive through traffic (and subsequently vehicular emissions) generated by circling the airport loop until passengers are available for pickup.

3.3.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upo n to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non -attainment under an

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number
of people?

a. Less than Significant Impact. The SCAQMD has established the AQMP to achieve State and Federal air quality standards. On June 30, 2016, the SCAQMD released its Draft 2016 AQMP . The Plan was approved by the California Environmental Protection Agency (CA EPA) on June 15, 2017. Therefore, the applicable air quality plan for the Project is the SCAQMD 2016 AQMP . The SCAQMD CEQ A Handbook states that "New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is us ually not required. A project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The pollutant reducing mechanisms in the AQMP are based, in part, on urban growth projections estima ted by the SCAG. The SCAQMD CEQA Handbook identifies two key indicators of consistency:

1. Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP.

2. Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase.

Below, Criterion 1 and Criterion 2 are discussed.

Criterion 1 - Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis completed for the Project, s hort-term P roject-related construction activities would not exceed applicable regional thresholds of significance established by the SCAQMD (see Table 3 below). The Project will be required to comply with SCAQMD Rules 403 and 403.1 in regards to the reduction of fugitive dust emissions. Furthermore, the Project would not exceed applicable Localized Significance Thresholds (LSTs) established by the SCAQMD (see Table 6 below). As such, P roject construction -source emissions would not conflict with the SCAQMD AQMP. Project construction source emissions would not cause or substantially contribute to violation of the CAAQS or NAAQS.

Based on the air quality modeling analysis comple ted for th e Project, long -term Project operations would not exceed applicable regional thresholds of significance established by the SCAQMD and would not result in a significant cumulative impact (see Table 4 below). Project operational-source emissions would not result in or cause a significant localized air quality impact. Additionally, Project-related trips Item 2B - Page 155
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would not cause or result in CO concentrations exceeding applicable state and/or federal standards.

Therefore, the Project would not exceed air pollutant conce ntration standards and is found to be consistent with the AQMP for Criterion 1.

Criterion 2 - Exceed Assumptions in the AQMP?
Consistency with the AQMP assumptions is determined by performing an analysis of the Project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the Project are based on the same forecasts as the AQMP. The 2016-2040 Regional Transportation/Sustainable Communities Strategy prepared by the SCAG (SCAG 2016) includes chapters on: the challenges in a changing region, creating a plan for our future, and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regio nal plans under CEQA. For this P roject, the City of Palm Springs Land Use Plan defines the assumptions that are represented in the AQMP.

Regional population, housing, and employment projections developed by SCAG, are based in part on the City’s General Plan land use designations. These projections form the foundation for the emissions inventory of the AQMP. These demographic trends are inco rporated into the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy compiled by SCAG, to determine priority transportation projects and determine vehicle miles traveled within the SCAG region.

The Project is currently designated Central Business District on the City’s General Plan Land Use Map.

The City’s General Plan Land Use Element states that the Central Business District land use allows for a mix of commercial, residential, and office uses. Residential uses are allowed in the Ce ntral Business District at a density of up to 21 -30 dwelling units per acre. The Project proposes to develop the approximately 2.4-acre site with 24 multi-family residential dwelling units at approximately 10 dwelling units per acre and 2,214 s.f. of commercial space. Therefore, the Project would be consistent with the City’s existing designations. Therefore, the Project is not anticipated to exceed the AQMP assumptions for the Project site and is found to be consistent with the AQMP for the second criterion.

Based on the above, the Project w ould not result in an inconsistency with the SCAQMD AQMP.

Therefore, a less -than-significant impact will occur in relation to implementation of the AQMP. No mitigation is required.

b. Less than Significant Impact. The Project consists of the development of 24 multi-family homes and 2,214 s.f. of commercial space . Construction of the 24 homes and 2,214 s.f. of commercial space is anticipated to begin no sooner than the beginning of November 2022 and to be completed by 2024.

The nearest sensitive receptors to the Project site are the existing single-family residential uses located approximately 50 feet to the west, the multi -family residential uses located approximately 30 feet to the north, and the transient lodging use located approximately 170 feet to the northeast of the Project site. CalEEMod (Version 2020.4.0) software was utilized to analyze short -term construction and long- term operational related impacts of the Project. The model is considered to be an accurate and comprehensive tool for quantifying air quality and GHG emissions impacts from land use projects throughout California and is recommended by the SCAQMD.

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Construction-Related Impacts
The phases of construction activities that were analyzed for the Project include site preparation, grading, building construction, paving, and the application of architectural coatings.

The Project will be required to comply with existing SCAQMD rules for the reduction of fugitive dust emissions. SCAQMD Rules 403 and 403.1 establish these procedures. Compliance with these rules is achieved through application of standard best management p ractices in construction and operation activities, such as application of water or chemical stabilizers to disturbed soils, managing haul road dust by application of water, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 mph, sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph and establishing a permanent and stabilizing ground cover on finished sites. In addition, any operator applying for a grading permit, or a building permit for an activity with a disturbed surface area of more than 5,000 square feet, shall not initiate any earth -moving operations unless a Fugitive Dust Control Plan has been prepared pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook and approved by the City.

Regional Impacts
As mentioned above, t he phases of construction activities that were analyzed for the Project include site preparation, grading, building construction, paving, and the application of architectural co atings.

The construction -related criteria pollutant emissions for each phase are shown below in Table 3, Construction-Related Regional Pollutant Emissions . Table 3 also shows the combined emissions from building construction, paving and architectural coating phases of construction as it is possible that these phases could occur simultaneously. Table 3 shows that none of the analyzed criteria pollutants would exceed the regional emissions thresholds. Therefore, a less-than-significant regional air quality impact would occur from construction of the Project. No mitigation is required.

Construction-Related Regional Pollutant Emissions
Activity
Pollutant Emissions
(pounds/day)

ROG NOx CO SO2 PM10 PM2.5
Site Preparation
On-Site1 1.38 15.67 10.06 0.02 1.22 0.61
Off-Site2 0.03 0.02 0.25 0.00 0.07 0.02
Subtotal 1.41 15.68 10.30 0.03 1.28 0.63
Grading
On-Site1 1.54 16.98 9.22 0.02 3.51 2.02
Off-Site2 0.06 1.22 0.56 0.01 0.25 0.08
Subtotal 1.60 18.20 9.78 0.03 3.76 2.10
Building
Construction
On-Site1 1.86 14.60 14.35 0.03 0.70 0.67
Off-Site2 0.16 0.54 1.50 0.01 0.43 0.12
Subtotal 2.02 15.15 15.85 0.03 1.13 0.79
Paving
On-Site1 0.86 8.10 11.71 0.02 0.40 0.37
Off-Site2 0.04 0.03 0.40 0.00 0.13 0.03
Subtotal 0.90 8.13 12.11 0.02 0.52 0.40
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Activity
Pollutant Emissions
(pounds/day)

ROG NOx CO SO2 PM10 PM2.5
Architectural
Coating3
On-Site1 16.46 1.22 1.81 0.00 0.06 0.06
Off-Site2 0.03 0.02 0.24 0.00 0.08 0.02
Subtotal 16.49 1.23 2.05 0.00 0.14 0.08
Total for overlapping phases4 19.41 24.51 30.01 0.05 1.79 1.27 SCAQMD Thresholds 75 100 550 150 150 55
Exceeds Thresholds? No No No No No No
Notes:

Source: CalEEMod Version 2020.4.0
(1) On-site emissions from equipment operated on-site that is not operated on public roads. On-site demolition and grading PM-10 and PM-2.5 emissions show mitigated values for fugitive dust for compliance with SCAQMD Rule 403. (2) Off-site emissions from equipment operated on public roads. (3) Architectural coatings include compliance with SCAQMD Rule 1113 limiting architectural coatings to 50 g/L VOC for buildings and 100 g/L VOC for parking lot striping.
(3) Construction, painting and paving phases may overlap.

Operations-Related Impacts
The greatest cumulative operational impact on the air quality to the Basin would be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development. In accordance with SCAQMD methodology, projects that do not exceed SCAQMD criteria or can be mitigated to less than significant criteria levels and do not add to the overall cumulative impact.

Regional Impacts
The potential operations -related air emissions have been analyzed below for the criteria pollutants and cumulative impacts. The operations related criteria air quality impacts created by the Project have been analyzed through use of the CalEEMod model and based on the proposed 24 multi -family residential homes and 2,214 s.f. of commercial space . The CalEEMod model analyzes operational emissions from area sources, energy usage, and mobile sources. The operating emissions were based on the year 2024, which is the anticipated opening year for the Project.

Mobile Sources
Mobile sources include emissions from the additional vehicle miles generated from the Project. A traffic analysis was not completed for the Project; therefore, to be conservative, vehicle trips associated with the Project were estimated from the Institute of Transportation Engineers (ITE) Trip Generation Manual 11th Edition (2021). The vehicle trips associated with the Project have been analyzed by inputting the estimated Project -generated vehicular trips (trip generation rate) into the CalEEMod Model. The ITE Trip Generation Manual shows that the Project would create approximately 238 weekday vehicle trips per day and 185 weekend vehicle trips per day. The multi-family residential use generates trip generation rates of 6.74 trips per dwelling unit per day o n weekdays and 4.55 trips per dwelling unit per day on weekends, while the commercial use generates 34.5 trips per thousand square foot per day on both weekdays and weekends. The program then applies the emission factors for each trip which is provided by the EMFAC2017 model to determine the vehicular traffic pollutant emissions.

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Area Sources
Per the CAPCOA Appendix A Calculation Details for CalEEMod, area sources include emissions from consumer products, landscape equipment and architectural coatings. Landscape maintenance includes fuel combustion emissions from equipment such as lawn mowers, rototillers, shredders/grinders, blowers, trimmers, chain saws, and hedge trimmers, as well as air compressors, generators, and pumps. As specifics were not known about the landscaping equipment fleet, CalEEMod defaults were used to estimate emissions from landscaping equipment. No changes were made to the default area source parameters.

Energy Usage
Energy usage from daily residential and commercial uses such as (but not limited to) lighting, outdoor grills, lawn mowers and landscape maintenance tools may contribute to emissions from the generation of electricity and natural gas used on -site. No changes were made to the default energy usage parameters.

Project Impacts
The Project would result in a long -term increase in air quality emissions due to Project-generated vehicle trips and ongoing operation of the Project. T he worst-case summer or winter ROG , NOx, CO, SO2, PM10, and PM2.5 daily emissions created from the Project’s long -term operations have been calculated and are summarized below in Table 4, Regional Operational Pollutant Emissions:

Regional Operational Pollutant Emissions
Activity
Pollutant Emissions
(pounds/day)

ROG NOx CO SO2 PM10 PM2.5
Area Sources1
Energy Usage2
Mobile Sources3

2.41 0.01

0.61 0.38

0.11 0.68

2.14 0.06

4.63 0.00

0.00 0.01

0.04 0.01

0.98 0.04

0.01 0.27
Total Emissions 3.03 1.17 6.83 0.01 1.03 0.32
SCAQMD
Thresholds 75 100 550 150 150 55
Exceeds
Threshold?
No No No No No No
Notes:

Source: CalEEMod Version 2020.4.0; the higher of either summer or winter emissions. (1) Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. (2) Energy usage consists of emissions from generation of electricity and on-site natural gas usage. (3) Mobile sources consist of emissions from vehicles and road dust

The data provided in Table 4 above shows that none of the analyzed criteria pollutants would exceed the regional emissions thresholds. Therefore, a less-than-significant regional air quality impact would occur from operation of the Project.

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Cumulative Impacts
Cumulative projects i nclude local development as well as general growth within the Project site .

However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered would cover an even larger area. Accordingly, the cumulative analysis for the Project’s air quality must be generic by nature.

The P roject area is out of atta inment for ozone and particulate matter (PM10). Construction and operation of cumulative projects will further degrade the local air quality, as well as the air quality of the Salton Sea portion of the South Coast Air Basin. The greatest cumulative impact on the quality of regional air cell would be the incremental addition of pollutants mainly from increased traffic volumes from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. Air quality would be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology in White Paper on Potential Control Strategies to Address Cumulative Impac ts From Air Pollution (August 2003), projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. With respect to long-term emissions, the Project would result in a less -than-significant cumulative impact and no mitigation is required.

c. Less than Significant Impact.

Construction-Related Local Impacts
Construction-related air emissions related to siter preparation and grading activities, building construction (including but not limited to, all paving, coatings etc.), may have the potential to exceed the State and Federal air quality standards in the Project vicinity, even though these p ollutant emissions may not be significant enough to create a regional impact to the Salton Sea portion of the South Coast Air Basin. The proposed P roject has been analyzed for the potential local air quality impacts created from: construction -related fugit ive dust and diesel emissions; from toxic air contaminants; and from cons truction-related odor impacts. The emission thresholds were calculated based on the Coachella Valley, source receptor area (SRA) 30 and a disturbance value of two acres per day (see Table 5). According to LST Methodology, any receptor located closer than 25 meters (82 feet) shall be based on the 25 -meter thresholds. The nearest sensitive receptors are the existing single - family residential uses located approximately 50 feet (~15 meters) to the west, the multi -family residential uses located approximately 30 feet (~9 meters) to the north, and the transient lodging use located approximately 170 feet (~52 meters) to the northeast; therefore, the SCAQMD Look-up Tables for 25 meters wa s used. As shown in Table 6, none of the analyzed criteria pollutants would exceed the calculated local emissions thresholds at the nearest sensitive receptors. Therefore, there will be a less-than-significant impact and no mitigation is required.

Maximum Number of Acres Disturbed Per Day
Activity Equipment Number Acres/8hr-day Total Acres
Site Preparation
Crawler Tractors1 1 0.5 0.5
Graders 1 0.5 0.5
Scrapers 1 1 1
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Activity Equipment Number Acres/8hr-day Total Acres
Phase Total - - 2
Grading
Rubber Tired Dozers 1 0.5 0.5
Graders 1 0.5 0.5
Crawler Tractors1 2 0.5 1
Phase Total - - 2
Notes:

Source: California Air Pollution Control Officers Association (CAPCOA), Appendix A Calculation Details for CalEEMod prepared (October 2017).
(1) Tractor/loader/backhoe is a suitable surrogate for a crawler tractor per SCAQMD staff

Local Construction Emissions at the Nearest Receptors
Activity
On-Site Pollutant Emissions
(pounds/day)

NOx CO PM10 PM2.5
Site Preparation 15.67 10.06 1.22 0.61
Grading 16.98 9.22 3.51 2.02
Building Construction 14.60 14.35 0.70 0.67
Paving 8.10 11.71 0.40 0.37
Architectural Coating 1.22 1.81 0.06 0.06
SCAQMD Thresholds2 191 1,299 7 5
Exceeds Threshold? No No No No
Notes:

Source: Calculated from CalEEMod and SCAQMD’s Mass Rate Look-up Tables for 2 acres at a distance of 25 meters in SRA 30 Coachella Valley. (1) The nearest sensitive receptors are the existing single-family residential uses located approximately 50 feet (~15 meters) to the west, the multifamily residential uses located approximately 30 feet (~9 meters) to the north, and the transient lodging use located approximately 170 feet (~52 meters) to the northeast of the project site; therefore, the 25 meter threshold was utilized.

Note: The project will disturb up to a maximum of 2 acres a day during site preparation and grading (see Table 5).

Operations-Related Local Impacts
Project-related air emissions may have the potential to exceed the State and federa l air quality standards in the Project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the SSAB. The Project has been analyzed for the potential local CO emissions impacts from Project-generated vehicular trips and from the pot ential local air quality impacts from onsite operations. The following analyzes the vehicular CO emissions and local impacts from on-site operations.

Local CO Hotspot Impacts from Project-Generated Vehicular Trips CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. Loca l air quality impacts can be assessed by comparing the future without and with project CO levels to the state and federal CO standards of 20 parts per million (ppm) over one hour or 9 ppm over eight hours.

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Per the ITE Trip Generation Manual 11 Edition , the Project would generate a maximum of approximately 238 weekday daily vehicle trips and 185 weekend daily vehicle trips. The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard.

Therefore, as the Project would generate a maximum of 238 daily vehicle trips, ADT volumes would fall far short of 100,000 vehicles per day, no CO “hot spot” modeling was performed and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the Project.

Local Air Quality Impacts from Onsite Operations
Project-related air emissions fr om on -site sources such as architectural coatings, landscaping equipment, on-site usage of natural gas appliances as well as the operation of vehicles on -site may have the potential to exceed the State and Federal air quality standards in the Project vicin ity, even though these pollutant emissions may not be significant enough to create a regional impact to the Salton Sea portion of the South Coast Air Basin. The nearest sensitive receptors include the existing single-family residential uses located approximately 50 feet (~15 meters) to the west, the multi-family residential uses located approximately 30 feet (~9 meters) to the north, and the transient lodging use located approximately 170 feet (~52 meters) to the northeast of the Project site.

According to SCAQMD LST methodology, LSTs would apply to the operational phase of a project, if the project includes stationary sources, or attracts mobile sources (such as heavy -duty trucks) that may spend long periods queuing and idling at the site; such as industri al warehouse/transfer facilities. The proposed Project consists of the development of residential and commercial uses and does not include such uses. Therefore, due the lack of stationary source emissions, no long -term localized significance threshold analysis is warranted.

In conclusion, the Project would not expose sensitive receptors to substantial pollutant concentrations and impacts would be less than significant. No mitigation is required.

d. Less than Significant Impact. The SCAQMD CEQA Handbook states that an odor impact would occur if the Project creates an odor nuisance pursuant to SCAQMD Rule 402, which states: “A person shall not discharge from any source whatsoever such quantities of air contaminants or other materi al which cause injury, detriment, nuisance, or annoyance to any considerable number of persons to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, in jury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. If the Project results in a violation of Rule 402 with regards to odor impacts, then the Project would create a significant odor impact.”

Construction-Related Odor Impacts
Potential sources that may emit odors during construction activities related to siter preparation and grading activities, building construction (including but not limited to, all paving, coatings etc.), and the application of materials such as asphalt pavement. The objectionable odors that may be produced during the construction process are of short -term in nature and the odor emissions are expected to cease upon the drying or hardening of the odor producing materials. Due to the short-term nature and limited amounts of odor producing materials being utilized, no significant impact related to odors would occur during construction of the Project. Diesel exhaust and VOCs would be emitted during Item 2B - Page 162
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construction of the Project, which are objectionable to some; however, emissions would disperse rapidly from the Project site and therefore should not reach an objectionable level at the nearest sensitive receptors. Due to the transitory natur e of construction odors, a le ss-than-significant odor impact would occur and no mitigation would be required.

Operational-Related Odor Impacts
Potential sources that may emit odors during the on -going operations of the Project would include odor emissions from intermittent diesel delivery truck emissions and trash storage areas . The Project consists of residential uses and would not attract a significant amount of heavy-duty truck traffic. Due to the distance of the nearest receptors from the Project site and through compliance with SCAQMD’s Rule 402 no significant impact related to odors would occur during the on -going operations of the Project.

Based on the foregoing, a less-than-significant odor impact would occur from operation of the Project and no mitigation would be required.

3.3.4 Mitigation
No mitigation is required.

3.3.5 Level of Significance after Mitigation
Not applicable.

3.4 Biological Resources

3.4.1 Sources
• ELMT Consulting, Habitat Assessment and Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHP) Consistency Analysis for the Proposed RIOS Project Located within Assessor’s Parcel Number 505-322-001, -002, -003, and -004 in the City of Palm Springs, Riverside County, California , April 18, 2022. (Appendix B)
• City of Palm Springs, General Plan, Recreation, Open Space & Conservation Element, 2007. • City of Palm Springs Municipal Code. Accessed August 20, 2020, <http://www.qcode.us/codes/palmsprings/>.

3.4.2 Environmental Setting
The City offers unique natural habitats to a range of plants and wildlife due to its climate and natural topography. The City recognizes the value of the wildlands and wildlife and has carefully planned to protect, preserve, and enhance the regions valuable biological resources. The City is located within the Coachella Valley Multiple Species Conservation Plan (CVMSHP). This is a regional plan that is implemented throughout the Coachella Valley in an effort comply with federal and State endangered species laws.

A literature review and records search for the site was conducted by ELMT Consulting. The literature search identified 32 special-status plant species, 54 special-status wildlife species, and two special -status plant community were identified as having potential to occur within the Palm Springs City quadrangle.

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ELMT also conducted a field survey of the site on February 25, 2022 . The Project site is located at an approximate elevation of 486 to 496 feet above mean sea level (amsl) and slopes generally from west to east.

The Project site supports two land cover types that would be classified as disturbed and developed. No special- status plants were observed on the Project site during the field investigation. No fish, amphibians, or hydrogeomorphic features that would provide suitable habitat for fish or amphibians would be observed on or within the vicinity of the Project site. The Project site provides limited foraging and cover habitat for support reptilian species adapted to routine human disturbance and desert environments; however, the degree and manner of routine disturbances is likely to preclude all but the hardiest species and those that would retreat to adjacent developed areas when the site was being staged and utilized for shows . No reptilian species were observed during the field investigation. The Project site and surrounding area provides suitable foraging and nesting habitat for avian species adapted to human disturbance and desert environments. The Pr oject site provides suitable foraging and denning habitat for mammalian species adapted to human disturbance and desert environments. However, most mammal species are noctu rnal and are difficult to observe during a diurnal field visit. No mammals were detected during the field investigation. Lastly, the Project site is not located within a federally designated Critical Habitat.

3.4.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive or special
status species in local or regional plans, policies, or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or U.S. Fish and
Wildlife Service?

c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited 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?

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
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?

a. Less than Significant with Mitigation Incorporated . The Project site occurs in an area of the City of Palm Springs that has undergone a conversion from natural habitats to residential, recreational, and commercial developments. According the City’s General Plan, the Project site is located within the Coachella Valley Multiply Species Habitat Conservation Plan (CVMSHCP), which aims to conserve over 240,000 acres of open space and protect 27 plant and animal species. The project site occurs in an almost entirely developed area in the northern outskirts of down town Palm Springs. This portion of Palm Springs supported agricultural land for several decades before beginning urbanization in the latter decades of the 1900’s. Historic aerials show these disturbances have been ongoing since at least 1972.

At present, the site is entirely surrounded by existing development with the exception of a narrow flood control easement immediately to the north. The site itself is largely undeveloped

Special-Status Vegetation Communities & Critical Habitat Analysis According to th e field survey conducted by ELMT Consulting on February 25, 2022 , the Project site supports two land cover types: disturbed and developed . Disturbed land is present throughout the site, particularly along site boundaries. Common plant species observed in t he disturbed areas of the site include cheeseweed ( Malva parviflora), pale sun cup ( Camissoniopsis pallida), oleander ( Nerium oleander), palo verde ( Parkinsonia sp.), honey mesquite ( Prosopis glandulosa ), creosote ( Larrea tridentata), London rocket ( Sisymbrium irio), fountaingrass (Pennisetum setaceum), desert dandelion (Malacothrix glabrata), bearded cryptantha ( Cryptantha barbigera), desert needle ( Palafoxia arida), bermudagrass ( Cynodon dactylon ), foxtail barley ( Hordeum murinum ), and burrobush ( Ambrosia Dumosa). Developed areas tend to be unvegetated or support minimal hardy plant species or installed trees such as fan palm ( Washingtonia sp.). Based on observations made during the field survey, the Project would not impact any special-status vegetation community.

According to literature review, two special-status plant communities was identified as having potential to occur within the Palm Springs quadrangle: Desert Fan Palm Oasis and Southern Riparian Forest .

However, based on the results of the field survey above, no special -status plant community was observed on -site; therefore, no special -status plant community would be impacted by Project implementation.

The Project site is also not located within a federally designated Cr itical Habitat. The nearest designated Critical Habitat to the site is located approximately 0. 84-mile to the west for Peninsular bighorn sheep. Therefore, the Project would not cause loss or adverse modification of a Critical Habitat and impacts would be less than significant.

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Special-Status Plant Species Analysis
According to literature review, 32 special-status plant species were identified as having potential to occur within the Palm Springs quadrangle. Species determined to have a potential to occur within the general vicinity of the site are presented in Attachment D of Appendix B. No special-status plants were observed on the Project site during the field survey conducted on February 25, 2022. The Project site and surrounding area have been impacted by historic agricultural activities and urban development for several decades, eliminating the natural plant communities that once occurred. Further, the project site supports heavily compacted soils that have are routinely disturbed by anthropogenic activities associated with vehicle parking, events (i.e., car shows, etc.). Surrounding development along with routine disturbance have removed seed sources for special -status plant species and the potential for special-status plant species to occur. Based on habitat requirements for specific species and the availability and quality of on-site habitats, and the vacant unused conditions at the project site it was determined that the Project site does not have potential to support any of the special -status plant species known to occur in its vicinity and all are presumed absent . Impacts to special -status plant species would be less than significant.

Special-Status Wildlife Species Analysis
According to literature review, 54 special-status wildlife species were identified as having potential to occur within the Palm Springs quadrangle. Species determined to have a potential to occur within the general vicinity of the site are presented in Attachment D of Appendix B. No special -status wildlife species were observed on -site during the field investigation. The Project site and surrounding area have been impacted by historic agricultural activities and urban development for several decades, eliminating the natural plant communities that once occurred. Based on habitat requirements for specific species and the availability and qua lity of on-site habitats, it was determined that the P roject site has a low potential to support Cooper’s hawk ( Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), Costa’s hummingbird ( Calypte costae), loggerhead shrike ( Lanius ludovicianus ), and black- tailed gnatcatcher (Polioptila melanura). It was further determined that all of the other special -status wildlife species known to occur in the vicinity of the site do not have potential to occur on -site and all are presumed absent.

None of the aforementioned special-status wildlife species are federally or state listed as threatened or endangered. The aforementioned species are only expected to forage over or pass through, the Project site as there are no suitable nesting opportunities for these special-status species onsite.. To ensure no impacts to the aforementioned species occur, a pre -construction nesting bird clearance survey shall be conducted prior to ground disturbance as described in Mitigation Measure (MM) BIO -

1. With implementation of MM BIO -1, impacts to these species will be less than significant and no mitigation will be required.

No fish, amphibians, or hydrogeomorphic features that would provide suitable habitat for fish or amphibians would be observed on or within the vicini ty of the Project site. The Project site provides limited foraging and cover habitat for support reptilian species adapted to routine human disturbance and desert environments; however, the degree and manner of routine disturbances is likely to preclude all but the hardiest species and those that would retreat to adjacent developed areas when the site was being staged and utilized for shows. No reptilian species were observed during the field investigation. The Project site and surrounding area provides suitable foraging and nesting habitat for avian species adapted to human disturbanc e and desert environments. The P roject site provides suitable foraging and denning habitat for mammalian species adapted to human disturbance and Item 2B - Page 166
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desert environments. However, most mammal species are nocturnal and are difficult to observe during a diurnal field visit. Impacts to reptiles, birds, or mammals would be less than significant.

No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted outside of the breeding season. However, since the site is vacant, has access to surrounding trees, vegetation and water (surrounding swimming pools) by birds and small mammals, the Project site has the potential to provid e suitable nesting habitat for common year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. Such nesting behavior cannot be anticipated since nesting birds may sometime s build nests along their migration routes. However, with implementation of MM BIO-1, impacts to migrating songbirds would be less than significant. No raptors are expected to nest on-site due to lack of suitable nesting opportunities.

b/c. No Impact. No jurisdictional drainage and/or wetland features were observed on the Project site during the field survey. Furthermore, no blueline streams have been recorded on the Project site. The nearest mapped resources to the site are one freshwater pond that was ma pped approximately 0.18 miles to the southwest of the site that corresponds to an existing pond within the nearby golf course, and one riverine resource that was mapped approximately 0.19 miles to the southwest that corresponds to swale features within the golf course. These resources occur well beyond site boundaries and are not expected to be impacted by Project activities. Furthermore, there is no evidence that the Project contained any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities that would be protected by the California Department of Fish and Wildlife (CDFW) or by the U.S. Army Corps of Engineers (USACE). No impact would occur.

d. Less than Significant with Mitigation Incorporated . The Project site has not been identified as occurring in a wildlife corridor or linkage. The nearest open space to the site as mapped by the CVMSHCP is the Santa Rosa and San Jacinto Mountains Conservation Area, which occurs approximately

0.3 miles to the southwest, beyond existing developments and a golf course. In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife corridor or linkage. As such, imp lementation of the proposed Project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur.

However, common avian species (i.e., house finch) adapted to high levels of anthropogenic disturbances have the potential to nest in the ornamental vegetation found on and immediately adjacent to the project site. The Project’s future construction could adve rsely affect nesting birds if construction was to occur while they are present or adjacent to the Project site, through direct mortality or abandonment of nest. If this was to occur it would be a violation of the MBTA and CFGC 3503, and a potentially signi ficant impact. However, implementation of MM BIO -1 would require a preconstruction nesting bird survey to mitigate any potential impacts to protect migratory nesting birds. The preconstruction survey shall be conducted by a biologist prior to any ground di sturbing activities and/or removal of any vegetation. In the event that a raptor nest is observed personnel will be notified and no ground disturbing activities will occur until the avian biologist has confirmed the breeding/nesting is completed and the young have fledged the nest. Therefore, with implementation of Mitigation Measure BIO-1, impacts would be reduced to less than significant.

e. No Impact. The City has not adopted any ordinances regarding tree preservation. As observed during the field survey, the Project site mainly consists of small and medium size shrubs. No trees are located Item 2B - Page 167
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on the Project site under existing conditions. Therefore, the Project w ould not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance and no impact would occur.

f. Less than Significant with Mitigation Incorporated. The Project site is located within the boundaries of CVMSHCP, but is not located within any conservation areas , preserves, cores, or linkages . The Project would be subject to payment of the Development Mitigation fee per Chapter 3.46, MSHCP Local Development Mitigation Fee of the City’s Mun icipal Code, as described as MM BIO -2. The fee would mitigate potential impacts to covered species within the CVMSHCP. Although the site is located within the CVMSHCP boundary, as mentioned in Section 3.4.3 (a), the Project site is not located within a bio logical sensitive area or any conservation area . Because the Project is not located within a conservation area and would implement MM BIO-2, the Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conse rvation Plan, or other approved local, regional, or state habitat conservation plan. Impacts would be less than significant with mitigation incorporated.

3.4.4 Mitigation
BIO-1 A pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting pre -construction bird survey shall be conducted by a biologist familiar with identification of avian species known to occur in Riverside County. The nesting bird survey shal l be conducted on foot inside the project boundary, including a 300-foot buffer for passerines (song birds) and 500-foot buffer for raptors in areas of suitable habitat.

Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagg ing, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW. All construction personnel will be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting season. No ground disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledged. Encroachment into the buffer shall occur only at the direction of the qualified biologist.

BIO-2 The applicant shall pay the CVMSHCP Local Development Mitigation Fee prior to building permit issuance.

3.4.5 Level of Significance after Mitigation
With implementation of Mitigation Measure s BIO-1 and BIO-2, impacts on biological resources would be less than significant.

3.5 Cultural Resources

3.5.1 Sources
• City of Palm Springs, General Plan General Plan, Recreation, Open Space & Conservation Element, 2007. • CRM TECH, Historical/Archaeological Resources Surve y Report The RIOS Project , May 1, 2022 . (Appendix C)
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3.5.2 Environmental Setting
Between January and April 2022 , CRM TECH performed a cultural resources study on the Project site, which consisted of a records search, historical background research, and an intensive-level field survey. The records search for the site was provided by the Eastern Information Center (EIC) at University of California, Riverside (UCR). According to the EIC, the Project site had not been surveyed for cultural resources prior to th is study, and no historical or archaeological resources had been identified on or adjacent to the property.

During the field visit conducted on March 8, 2022, CRM TECH observed one concrete pad marking the location of a former ancillary building built in the 1940s. To the east of the concrete pad, a pair of stone pillars on the west side of Palm Canyon Drive may have once marked the entrance to the compound; however, the are ias within the public right-of-way and outside the Project boundaries. No other potential historical resources were identified during the field survey. In addition, no archaeological resources were found during the field survey.

3.5.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
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) Disturb any human remains, including those
interred outside of formal cemeteries?

a. Less than Significant Impact with Mitigation Incorporated. According to the records search provided by EIC, the Project site had not been surveyed for cultural resources prior to this study, and no historical resources had been identified on or adjacent to the property. According to historical aerial photographs and the field survey conducted by CRM TECH on March 8, 2022, one concrete foundation of a secondary building associated with a 1940s residential compound was noted on the Project site.

With the removal of the principal components of the compound, however, this minor feature does not retain the ability to relate to any persons or events in the history of the property, nor have any persons or events of recognized historic significance identified in association with the property. In addition, the feature demon strates no notable qualities in design, construction, engineering, or aesthetics and, without any associated artifact deposits, holds no promise for any important archaeological data. As such, it has no potential to qualify as a “historical resource.”

No other features or artifacts of prehistoric or historical origin were encountered within the Project boundaries. Based on these findings, and in light of the criteria listed above, the present study concludes that no “historical resources” exist within the Project area. However, it should be noted that the Project location is immediately outside the western boundary of a locally designated hi storic district, the Las Palmas Business Historic District, with two of the contributing properties in the district located on the opposite side of Palm Canyon Drive. Consequently, the design character of the proposed Item 2B - Page 169
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new buildings in the Project area, if incompatible to the historic buildings nearby, will have the potential for an indirect effect on the significance and integrity of the Las Palmas Business Historic District. Accordingly, the Project design should be crafted in such a way as to ensure compatibility with nearby historic buildings that contribute to the significance and integrity of the Las Palmas Business Historic District.

In addition, there is a remote possibility that buried cultural materials could be discovered during Project earth disturbing activities. Through implementation of Mitigation Measure CUL -1, if buried cultural materials are discovered during the earth -moving operations, all work in that area will be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and if necessary develop a treatment plan in consultation with the City of Palm Springs and the Agua Caliente Band of Cahuilla Indians. Therefore, with the incorporation of Mitigation Measure CUL -1, impacts relating to significant historical resources would be reduced to less than significant.

b. Less than Significant Impact with Mitigation Incorporated. According to the records search provided by EIC, the Project site had not been surveyed for cultural resources prior to this study, and no archaeological resources had been identified on or adjacent to the property. During the field survey conducted by CRM TECH on March 8, 2022 , no archaeological resources were found on the Project site.

Notwithstanding, during earth disturbing activities of the Project, it is possible that subsurface cultural resources could be discovered. Through implementation of Mitigation Measure CUL -1, if buried cultural materials are discovered during the earth -moving operations, all work in that area will be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and if necessary develop a treatment plan in consultation with the City of Palm Springs and the Agua Caliente Band of Cahuilla Indians. Therefore, with the incorporat ion of Mitigation Measure CUL -1, impacts relating to significant archaeological resources would be reduced to less than significant.

c. Less than Significant Impact with Mitigation Incorporated. According to the records search and field survey, there is no e vidence that the Project site is located within an area that would be likely to contain human remains. Howeve r, there is always the possibility that human remains could be uncovered during ground disturbing activities. In the unexpected event that human remains are found during construction activities, those remains would require proper treatment in accordance with all applicable laws. Through implementation of Mitigation Measure CUL -2, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The State of California Health and Safety Code 7050.5 and the California Public Resource Code (PRC) Section 5097. 98, states that the County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the coroner to the Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the Project site and make a recommendation regarding disposition of the remains. Therefore, with incorporation of Mitigation Measure CUL -2, impacts relating to the potential disturbance of human remains would be reduced to less than significant.

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3.5.4 Mitigation
CUL-1 If buried cultural materials are discovered during the earth -moving operations, all work in that area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment plan in consultation with the City of Palm Springs and the appropriate Native American tribes.

CUL-2 In the unexpected event human remains are uncovered during construction activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) who would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains.

3.5.5 Level of Significance after Mitigation
With implementation of Mitigation Measure s CUL-1 and CUL -2, impacts to cultural resources would be less than significant.

3.6 Energy

3.6.1 Sources
• Ganddini Group, RIOS Project Air Quality, Global Climate Change, and Energy Impact Analysis, March 10, 2022. (Appendix A)
• California Energy Commission, 2019 Building Energy Efficient Standards for Residential and Nonresidential Buildings, December 2018
https://www.energy.ca.gov/sites/default/files/2021-06/CEC-400-2018-020-CMF_0.pdf • City of Palm Springs, Palm Springs Climate Action Plan, May 2013 https://www.palmspringsca.gov/home/showpublisheddocument/71620/637146749779330000#:~:t ext=To%20achieve%20the%20AB%2032,7.9%25%2C%20or%2034%2C513%20tonnes.

3.6.2 Environmental Setting
Electricity
Electricity would be provided to the P roject by Southern California Edison (SCE). SCE provides electric power to more than 15 million persons, within a service area encompassing approximately 50,000 square miles.27 SCE derives elec tricity from varied energy resources including: fossil fuels, hydroelectric generators, nuclear power plants, geothermal power plants, solar power generation, and wind farms. SCE also purchases from independent power producers and utilities, including out‐of‐state suppliers.

Natural Gas
Natural gas for the Project site is provided by the Southern California Gas Company (SoCalGas). Natural gas supplies are transported from Texas to the Coachella Valley through three east -west trending transmission lines, which cross the Valley near and parallel to Interstate-10 and continue west to Los Angeles. The pipelines include one 30-inch line and two 24-inch lines, with pressures of 2,000 pounds per square inch (psi).

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3.6.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

a. Less than Significant Impact.

Energy Use During Construction
The Project’s construction process would consume electricity and fuel. Project -related construction activities related to siter preparation and grading activities, building construction (including but not limited to, all paving, coatings etc.), would represent a “single -event” demand and would not require on -going or permanent commitment of energy resources. The amount of energy and fuel use anticipated by the Project’s construction activities are typical for the type of scale of construction propose d by the Project. The total power for the on- site electricity usage during the construction of the proposed project is estimated to be approximately 24,431 kWh. Furthermore, as presented in the Air Quality, Global Climate Change and Energy Impact Analysis, prepared in 2022 (Gandini and Associates, March 10, 2022), construction equipment would be require d to conform to the applicable CARB emissions standards, acting to promote equipment fuel efficiencies. Based on the foregoing, the Project’ s construction energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary. Impacts during Project construction would be less than significant and no mitigation is required.

Energy Use During Operation
Residential operations associated with the Project would result in the consumption of natural gas and electricity. The Project provides 24 multi-family residences and 2,214 s.f. of commercial space , which are not inherently energy intensive, and , as presented in the Air Quality , Global Climate Change and Energy Impact Analysis, prepared in 2022 (Gandini and Associates, March 10, 2022), the Project energy demands in total would be comparable to, or less than, other multi-family homes of similar scale .

Furthermore, the Proje ct would be required to comply with Title 24 standards, which would ensure that the Project’s energy demand would not be considered inefficient, wasteful, or otherwise unnecessary. Impacts during Project operation would be less than significant and no mit igation is required.

b. No Impact. The Project’s proposed 24 multi-family homes and 2,214 s.f. of commercial space would be required to comply with the City’s building codes (Sections 8.04.010 and 8.04.065 of the City’s Municipal Code), Zoning Ordinance (Chapter 92.00 of the City’s Municipal Code), and other standards, including the City’s Climate Action Plan provisions , all of which will ensure that the Project is energy efficient. Therefore, the Project would have no impact on plans for energy efficiency and no mitigation is required.

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3.6.4 Mitigation
No mitigation is required.

3.6.5 Level of Significance after Mitigation
Not applicable.

3.7 Geology and Soils

3.7.1 Sources
• City of Palm Springs, General Plan, Safety Element, 2007 • County of Riverside, General Plan, Cultural and Paleontological Resources, 2015 • Riverside County Planning Department, Map My County, 2021 • United States Department of Agriculture Natural Resources Conservation Service, Web Soil Survey , 2021

3.7.2 Environmental Setting
The elevation of the Project site is approximately 492 feet above mean sea level (amsl) in the Coachella Valley region, within the Colorado Desert. The average annual rainfall within the Coachella Valley region is less than 4 inches per year with average temperatures above 100 degrees Fahrenheit during the summer months.

Additionally, the Project site is located in the portion of the S alton Trough physiographic province of the Coachella Valley. The Salton Trough is a geologic structural depression resulting from large scale reginal faulting. This trough is bounded by the San Andreas Fault and the Chocolate Mountains to east of the Salto n Sea, and by the Peninsular Range and San Jacinto Fault Zone to the southwest. Tectonic activity that formed the trough continues at a high rate as evidence by deformed young sedimentary deposits and high levels of seismicity.

Subsurface Soils
A Web Soil Survey of the Project site was conducted on June 4, 2021, which determined that the Project site consists of soils solely containing Myoma fine sand. Furthermore, the near surface soils are non -expansive in nature.

3.7.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

i) Rupture of a known fault, as delineated on the most
recent Alquist -Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become uns table 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 where sewers are not available for
the disposal of waste water?

f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?

a-i. Less than Significant Impact. According to Map My County , the Project site is not located within an Alquist-Priolo Earthquake Fault Zone. The nearest fault zone to the Project site is the Riverside County fault, which is located approximately 4.0 miles north of the Project site.

Impacts associated with the rupture of a known fault wo uld be minimized due to compliance with existing building regulations. Design and construction of the new homes and outdoor yoga plaza would comply with all seismic safety development requirements, including the Title 24 standards of the current California Building Code. Therefore, implementation of the proposed Project would result in a less-than-significant impact associated with rupture of a known earthquake fault and no mitigation is required.

a-ii. Less than Significant Impact. The Project site is considered likely to be subject to moderate to strong ground motion from earthquakes in the region. These ground motions are dependent primarily on the earthquake magnitude and distance to the rupture zone. As discussed in Section 3.7.3(a-i) above, the Project site is located approximately 4.0 miles north of the Riverside County fault zone. Impacts associated with strong seismic ground shaking would be minimized due to compliance with existing building regulations. Design and construction of the new homes and outdoor yoga plaza would comply with all seismic -safety development requirements, including the Title 24 standards of the current Item 2B - Page 174
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California Building Code. Therefore, implementation of the proposed Project would result in a less - than-significant impact associated with strong seismic ground shaking.

a-iii. Less than Significant Impact. According to Map My County, the Project site is located in a moderate susceptibility zone for liquefaction and according to Figure 6-1, Seismic Hazards, of the City’s General Plan, the Project site is located in a low susceptibility zone for liquefaction due to the approximate depth of groundwater being greater than 50 feet. Therefore, Project impacts relating to seismic- related ground failure, including liquefac tion would be less than significant and no mitigation is required.

a-iv. No Impact. The Project is located on an area of the City that has been developed and is relatively flat and not located immediately adjacent to any sloped hillsides. In addition, ac cording to the Figure 6-2, Land Susceptibility , of the City’s General Plan, the Project site is not located within an area that is considered to be of high susceptibility for landslides, moderate susceptibility landslides, or in hillside and mountainous areas. Therefore, the development of the Project would result in no impact relating to landslide hazards and no mitigation is required.

b. Less than Significant Impact. The Project would be required to comply with the preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must comply with the requirements of the State Water Resources Board Construction General Permit. The SWPPP would be submitted to and approved by the City prior to construction. The SWPPP would identify best management pra ctices (BMPs) to reduce soil erosion during construction (see Section 3.10, Hydrology and Water Quality ).

Therefore, impacts related to substantial soil erosion or the loss of topsoil would be less than significant and no mitigation is required.

c. Less than Significant Impact. As previously discussed in Section 3.7.3 (a)(i through iv) the Project is not located within an active or potentially active fault zone, or in an area at risk of landslide or liquefaction; therefore, the Project site has unlikely potential for liquefaction or landslides. Additionally, the near surface soils of the Project site consist of Myoma fine sands. Furthermore, design and construction of the Project would comply with all seismic safety development requirements, including the Title 24 standards of the current California Building Code. Therefore, the Project would result in less -than- significant impacts associated with landslide, lateral spreading, subsidence, liquefaction, or collapse , and no mitigation is required.

d. Less than Significant Impact. As mentioned above, the Project site consists of Myoma sands. Due to the low clay content in underlying soils, these near surface soils are non-expansive. The Project site is not located in an area known for expansive soil (a s defined in Table 18 -1-B of the Uniform Building Code (1994)), and the potential for the Project to create substantial risks to life or property, relating to expansive soils, is very low. Therefore, Project impacts would be less than significant, and no mitigation is required.

e. No Impact. The Project would not involve the use of septic tanks or any other alternative wastewater disposal systems. The Project would be served through the Desert Water Agency (DWA) . Therefore, there would be no impacts associated with septic tanks or alternative wastewater systems, and no mitigation is required.

f. No Impact. According to Map My County, the Project site is located in a low potential zone reg arding paleontological sensitivity. Per the City’s Recreation, Open Space, and Conservation Element of the Item 2B - Page 175
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General Plan, the Project site is not located in area likely containing prehistoric resources. Accordingly, the Project’s construction activities wou ld have no reasonable potential to unearth significant paleontological resources and would therefore have no potential to destroy a unique paleontological resource or site or unique geologic feature either directly or indirectly. No impact would occur, and no mitigation is required.

3.7.4 Mitigation
No mitigation is required.

3.7.5 Level of Significance after Mitigation
Not applicable.

3.8 Greenhouse Gas Emissions

3.8.1 Sources
• Ganddini Group, RIOS Project Air Quality, Global Climate Change, and Energy Impact Analysis , March 10, 2022. (Appendix A)
• City of Palm Springs, Palm Springs Climate Action Plan, May 2013 https://www.palmspringsca.gov/home/showpublisheddocument/71620/637146749779330000#:~:t ext=To%20achieve%20the%20AB%2032,7.9%25%2C%20or%2034%2C513%20tonnes.

3.8.2 Environmental Setting
The Project is within the Salton Sea portion of the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD).

SCAQMD Regulation XXVII currently includes three rules:
• The purpose of Rule 2700 is to define terms and post global warming potentials. • The purpose of Ru le 2701, SoCal Climate Solutions Exchange, is to establish a voluntary program to encourage, quantify, and certify voluntary, high quality certified GHG emission reductions in the SCAQMD.
• Rule 2702, Greenhouse Gas Reduction Program, was adopted on February 6, 2009. The purpose of this rule is to create a Greenhouse Gas Reduction Program for GHG emission reductions in the SCAQMD. The SCAQMD will fund projects through contracts in response to requests for proposals or purchase reductions from other parties.

SCAQMD Threshold Development
On December 5, 2008, the SCAQMD Governing Board adopted an interim greenhouse gas significance threshold for stationary sources, rules, and plans where the SCAQMD is lead agency (SCAQMD permit threshold). The SCAQMD permit threshold consists of five tiers. However, the SCAQMD is not the lead agency for this project. Therefore, the five permit threshold tiers do not apply to the proposed Project.

The SCAQMD is in the process of preparing recommended significance thresholds for g reenhouse gases for local lead agency consideration (“SCAQMD draft local agency threshold”); however, the SCAQMD Board has Item 2B - Page 176
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not approved the thresholds as of the date of the Notice of Preparation. The current draft thresholds consist of the following tiered approach:
• Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption pursuant to the CEQA.
• Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions.
• Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to a project’s operational emissions. If a project’s emissions are under one of the following screening thresholds, then the project is less than significant:
o All land use types: 3,000 MTCO2e per year
o Based on land use type: residential: 3,500 MTCO2e per year; commercial: 1,400 MTCO2e per year; or mixed use: 3,000 MTCO2e per year.
o Based on land type: Industrial (where SCAQMD is the lead agency), 10,000 MTCO2e per year.
• Tier 4 has the following options:
o Option 1: Reduce emissions from business as usual (BAU) by a certain percentage; this percentage is currently undefined.
o Option 2: Early implementation of applicable AB 32 Scoping Plan measures. o Option 3 2020 target for service populations (SP), which inc ludes residents and employees: 4.8 MTCO2e/SP/year for projects and 6.6 MTCO2e/SP/year for plans. o Option 3, 2035 target: 3.0 MTCO2e/SP/year for projects and 4.1 MTCO2e/SP/year for plans.
• Tier 5 involves mitigation offsets to achieve target significance threshold.

The SCAQMD’s draft threshold uses the Executive Order S-3-05 goal as the basis for the Tier 3 screening level.

Achieving the Executive Order’s objective would contribute to worldwide efforts to cap carbon dioxide concentrations at 450 ppm, thus stabilizing global climate. Specifically, the Tier 3 screening level for stationary sources is based on an emission capture rate of 90 percent for all new or modified projects. A 90 percent emission capture rate means that 90 percent of total emissions from all new or modified stationary source projects would be subject to a CEQA analysis, including a negative declaration, a mitigated negative declaration, or an environmental impact report, which includes analyzing feasible alternatives and im posing feasible mitigation measures. A GHG significance threshold based on a 90 percent emission capture rate may be more appropriate to address the long-term adverse impacts associated with global climate change because most projects will be required to implement GHG reduction measures. Further, a 90 percent emission capture rate sets the emission threshold low enough to capture a substantial fraction of future stationary source projects that will be constructed to accommodate future statewide population a nd economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of the cumulative statewide GHG emissions. This assertion is based on the fact that staff estimates that these GHG emissions would account for slightly less than one percent of future 2050 statewide GHG emissions target (85 MMTCO2eq/year). In addition, these small projects may be subject to future applicable GHG control regulations that would further re duce their overall future contribution to the statewide GHG inventory. Finally, these small sources are already subject to BACT for criteria pollutants and are more likely to be single-permit facilities, so they are more likely to have few opportunities readily available to reduce GHG emissions from other parts of their facility.

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SCAQMD Working Group
Since neither the CARB nor the Office of Planning and Research (OPR) has developed GHG emissions threshold, the SCAQMD formed a Working Group to develop signi ficance thresholds related to GHG emissions. At the September 28, 2010 Working Group meeting, the SCAQMD released its most current version of the draft GHG emissions thresholds, which recommends a tiered approach that provides a quantitative annual thresho lds of 3,000 MTCO2e for all land uses.

3.8.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Greenhouse Gas Emissions – Would the project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?

b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?

a. Less than Significant Impact . The Project allows for the development of 24 multi-family residential dwelling units and 2,214 s.f. of commercial space. The Project is anticipated to generate GHG emissions from area sources, energy usage, mobile sources, waste, water, and construction equipment. The CalEEMod Version 2020.4.0 was utilized by Ganddini Group, Inc., to calculate the GHG emissions from the Project. As shown in Table 7, the Project would result in approximately 247.58 MTCO2e per year and would not exceed the SCAQMD screening threshold of 3,000 MTCO2e per year. Therefore, Project GHG emissions impacts would be less than significant, and no mitigation is required.

Project-Related Greenhouse Gas Emissions
Category
Greenhouse Gas Emissions (Metric Tons/Year)
Bio-CO2 NonBio-
CO2
CO2 CH4 N2O CO2e
Area Sources1
Energy Usage2
Mobile Sources3
Waste4
Water5
Construction6
Total Emissions

0.00 0.00

0.00 4.80

0.54 0.00

5.34 17.31

45.08 146.23

0.00 6.01

15.63 230.25

17.31 45.08
146.23

4.80 6.55

15.63 235.59

0.00 0.00

0.01 0.28

0.06 0.00

0.35 0.00

0.00 0.01

0.00 0.00

0.00 0.01

17.41 45.33
148.85

11.89 8.35

15.75 247.58
SCAQMD Draft Screening Threshold for all
land uses

3,000
Exceeds Threshold? No
Notes:

Source: CalEEMod Version 2020.4.0 for Opening Year 2024. (1) Area sources consist of GHG emissions from landscape equipment. (2) Energy usage consist of GHG emissions from electricity and natural gas usage.

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(3) Mobile sources consist of GHG emissions from vehicles. (4) Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills. (5) Water includes GHG emissions from electricity used for transport of water and processing of wastewater. (6) Construction GHG emissions CO2e based on a 30 year amortization rate

b. Less than Significant Impact. The Project would not have the potential to conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs.

The applicable plan for the Project is the City of Palm Springs CAP; however, as the CAP only provides emissions targets up to the year 2020 and the Project will not be operational until 202 4, the Project has also been compared to the applicable measures of the CARB Scoping Plan.

Consistency with City of Palm Springs CAP
The City’s CAP was adopted to guide the City in decisions that lead to the largest and most cost - effective emissions reductions. This plan sets forth goals to reduce emissions to achieve the targets of AB 32. In order to achieve these targets, the CAP presents a number of GHG emissions -reducing programs and policies that are to be implemented by the City. As specified in the CAP, these measures are to be implemented over a course of eight years beginning in 2013. The Project would be expected to comply with all applicable emissions -reducing measures identified within the CAP. Project compliance with the CAP measures is detailed in Table 8.

City of Palm Springs CAP Applicable Measures Project Comparison Sector CAP Measures to Reduce Greenhouse
Gas Emissions
Project Compliance with Measure
Sphere - "Where We Live"
Solid Waste
Solid Waste Diversion: Increase
solid waste diversion rate by 5%
to 80.1% by 2015 potentially
through awareness programs,
recognition and other financial
instruments.

No Conflict. The project will be required to
comply with AB 341, which includes recycling
programs that reduces waste to landfills by a
minimum 75% by 2020.

Solid Waste
Solid Waste Diversion: Increase solid
waste diversion rate by an additional
10% to 90.1% by 2020 potentially
through awareness programs,
recognition and other financial
instruments.

No Conflict. The project will be required to
comply with AB 341, which includes recycling
programs that reduces waste to landfills by a
minimum of 75% by 2020.

Water
Gray-Water Ready Ordinance: Require
all new residential development to be
constructed for easy implementation
of gray water systems that redirect
water from wash basins, showers, and
tubs.

No Conflict. The project includes residential land
uses and will be required to be constructed for
easy implementation of gray water systems that
redirect water from wash basins, showers, and
tubs.

Sphere - "Where We Work"
Commercial
Buildings
Peak Demand Reduction: Collaborate
with SCE and encourage 100
businesses to enroll in Energy
Efficiency and Demand Response
No Conflict. This is a city-based measure. If the
project is mandated by the City to be one of the
100 businesses that are to enroll in an Energy
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Sector CAP Measures to Reduce Greenhouse
Gas Emissions
Project Compliance with Measure
programs such as the Summer
Discount Program.

Efficiency and Demand Response program then
the project will comply as needed.

Commercial
Buildings
Energy-Efficient, Commercial-Sector
Lighting: Promote and leverage
existing incentives for efficient lighting
and educate and locally incent building
owners to eliminate any remaining T-
12 lamps in commercial buildings.

No Conflict. The project will comply with current
Title 24 requirements for installation of energy-
efficient lighting.

Commercial
Buildings
"The Temperature Club": Promote
community partnership through
policies to adjust indoor temperatures
to save/degree by way of the "Green
Business Partnership."
No Conflict. This is a city-based measure. If the
project is mandated by the City to be one of the
100 businesses in the "Temperature Club," the
project will comply as needed.

Commercial
Buildings
Integrated Lighting Systems: Promote
SCE's Energy Management Solutions'
energy- efficient lighting linked to
building controls and occupancy
sensors in minimum of 1 million
square feet of commercial space.

No Conflict. This is a city-based measure. If the
project is mandated by the City to be part of the
1 million square feet of commercial space that is
to have energy-efficient lighting linked to building
controls and occupancy sensors, then the project
will comply as needed.

Sphere - " How We Build"
Commercial
Buildings
Sustainable Parking Lots: Program to
reduce the heat island effect through
the promotion of parking lot coverings
and coatings and semi permeable
surfaces for new construction to
achieve 20% of existing parking lots,
and 80% of new parking lots.

No Conflict. The project includes only 16 guest
parking spaces. Furthermore, the project would
include the planting of trees that would provide
shade and reduce the heat island effect and semi-
permeable paving will be used as required by the
City.

Commercial
Buildings
"Cool Roofs": Promote the installation
of reflective roofing on commercial
properties in the community with
recognition for first ten early adopters.

No Conflict. The project involves the construction
of 24 multi-family residential dwelling units and
2,214 square feet of retail space. For the retail
portion of the project, the project would use
light-colored roofing materials to reflect heat and
reduce cooling requirements of buildings as
required by the City.

Residential
Buildings
Green Building Program: Promote the
voluntary Green Building Program to
prepare for enhanced Title 24
requirements and green building
standards.

No Conflict. The California Green Building
Standards Code (proposed Part 11, Title 24) was
adopted as part of the California Building
Standards Code in the CCR. Part 11 establishes
voluntary standards, that became mandatory in
the 2019 edition of the Code, on planning and
design for sustainable site development, energy
efficiency (in excess of the California Energy Code
requirements), water conservation, material
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Sector CAP Measures to Reduce Greenhouse
Gas Emissions
Project Compliance with Measure
conservation, and internal air contaminants. The
project will be subject to these mandatory
standards.

Residential
Buildings
Shade Trees: Promote properly sited
and selected shade trees in 100% of
new construction to reduce heat
island and provide shade to offset air
conditioning.

No Conflict. The project involves the construction
of 24 multi-family residential dwelling units and
2,214 square feet of retail space. The proposed
project would be subject to and comply with
applicable City of Palm Springs Municipal Code
regulations regarding the number of trees to be
planted for residential and commercial uses. In
addition, the proposed project's landscape plans
include approximately 245 new trees to be
planted on the site.

Water
Storm water Capture: Promote storm
water capture and retention for
exterior landscape use (cisterns, rain
barrels) to demonstrate 10 new
systems by 2020.

No Conflict. The project would be required to
comply with City of Palm Springs Municipal Code
(i.e., Section 8.70.100 etc.) regulations regarding
stormwater retention for multi-family residential
and commercial uses.

Notes:

Source: City of Palm Springs Climate Acton Plan (2013)

Consistency with AB-32 and SB-32
As stated previously, the SCAQMD's tier 3 thresholds used Executive Order S-3-05 goal as the basis for deriving the screening level. The California Governor issued Executive Order S-3-05, which sets targets for GHG emission reductions, in June 2005, established the following reduction targets:
• 2010: Reduce greenhouse gas emissions to 2000 levels
• 2020: Reduce greenhouse gas emissions to 1990 levels
• 2050: Reduce greenhouse gas emissions to 80 percent below 1990 levels.

In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of 2006. AB 32 requires CARB, to adopt rules and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020 through an enforceable statewide emission cap which was phased in starting in 2012.

Therefore, as the Project's emissions meet the threshold for compliance wi th Executive Order S-3-05, the Project's emissions also comply with the goals of AB 32 and the City’s CAP. Additionally, as the Project meets the curr ent interim emissions targets/thresholds established by SCAQMD, the Project would also be on track to meet the reduction target of 40 percent below 1990 levels by 2030 mandated by SB-32. Furthermore, the majority of the post 2020 reductions in GHG emission s are addressed via regulatory requirements at the State level and the Project will be required to comply with these regulations as they come into effect.

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At a level of 247.58 MTCO2e per year, the Project's GHG emissions do not exceed the SCAQMD draft threshold of 3,000 MTCO2e per year and is in compliance with the reduction goals of the City’s CAP, the CARB Scoping Plan, AB-32, and SB-32. Furthermore, the Project will comply with applicable Green Building Standards and City policies regarding sustainability (as dictated by the City's General Plan and CAP). Project impacts would be less than significant, and no mitigation is required.

3.8.4 Mitigation
No mitigation is required.

3.8.5 Level of Significance
Not applicable.

3.9 Hazards and Hazardous Materials

3.9.1 Sources
• City of Palm Springs, General Plan, Safety Element, 2007 • Department of Toxic Control Substances. Accessed June 8, 2021, <https://dtsc.ca.gov/> • State Water Resources Control Board, GeoTracker. Accessed June 8, 2021, <https://www.waterboards.ca.gov/>
• Center for Disease Control. Accessed June 8, 2021,
< https://www.cdc.gov/infectioncontrol/guidelines/environmental/background/medical-waste.html>. • Occupational Safety and Health Administration. Accessed June 8, 2021 <https://www.osha.gov/SLTC/healthcarefacilities/index.html> • California Department of Public Health. Accessed June 8, 2021 <https://www.cdph.ca.gov/Programs/CEH/DRSEM/Pages/EMB/MedicalWaste/MedicalWaste.aspx#>

3.9.2 Environmental Setting
The Project site is located on four undeveloped parcels in an urban area of Palm Springs. During the site visit there were no observations made of any signs of hazardous materials on -site or signs of any underground storage tanks. The site was mainly occupied by sparse vegetation and small amounts of refuse. Surrounding uses include commercial to the north, south, and east, and residential west of the Project site.

Local Schools
The nearest school is Creative Beginnings Montessori Preschool, which is located approximately 0.13-mile southwest of the Project site at 332 Alejo Road.

3.9.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
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 materials?

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions invo lving 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?

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 h azard 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 airport or public use
airport, would the project result in a safety hazard or excessive noise for people residing or working in the
project area?

f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?

g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?

a. Less than Significant Impact. Proposed construction activities for the development of the Project may involve the use and transport of hazardous materials, which include but not limited to fuels, gasoline, hydraulic fluid, lubricants, and other liquids associated with the operation of heavy equipment utilized for construction. Additionally, materials that are consistent with building constr uction would also be present on site and these materials may include paints, solvents, concrete, adhesives, roofing materials, and others. Additionally, transportation, storage, use and disposal of hazardous materials during construction activities would be required to comply with all applicable federal, State, and local statues and regulations. This includes the preparation of a SWPPP that would outline specific BMPs that would be administered during the construction of the Project in order to prevent the discharge of construction-related pollutants that could contaminate nearby water sources. T he Resource Conservation and Recovery Act (RCRA; 42 USC 6901 et seq.) would require businesses with substantial quantities of hazardous materials to adhere to strict requirements in regards to handlings, transportation, and storing of supplies. Furthermore, the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq. protects against the risk to life, property, and the environment that are associated in the transportation of hazardous materials in intrastate, interstate, and foreign commerce. Upon completion of the proposed construction, all hazardous materials would be removed from the Project site. Therefore, with all ap plicable regulations in place, impacts associated with accidental release of Item 2B - Page 183
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hazardous substances during construction activities would be less than significant and no mitigation is required.

Long-term operations of the Project would involve limited use of substances typically associated with individual households and gyms. Typical materials would include paints, cleaning solvents, fertilizers, and motor oil. The Project would be required to comply with Federal, State, and local regulations to ensure proper use, storage, use, emission, and disposal of hazardous substances. With mandatory regulatory compliance, the Project is not expected to pose a significant hazard to the public or the environment through the routine, transport, use, storage, emission, or disposal of hazardous materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment. Impacts would be less than significant and no mitigation is required.

b. Less than Significant Impact. Accidents involving hazardous materials that could pose a significant hazard to the public or the environment would be highly unlikely during the construction and long - term operation of the Project and are not reas onably foreseeable. As discussed above under Section

3.9.3(a), the transport, use, and handling of hazardous materials on the Project site during construction is a standard risk on all construction sites, and there would be no greater risk for upset and ac cidents than would occur on any other similar construction site. Upon buildout, the Project site would operate as a residential and commercial use. Based on the operational characteristics of residential and commercial uses, there is limited use of hazardo us substances; however, as discussed above under Section 3.9.3(a), the Project Applicant would be required to comply with all applicable local, State, and federal regulations related to the transport, handling, and usage of hazardous material. Accordingly, impacts associated with the accidental release of hazardous materials would be less than significant during both construction and long-term operation of the Project and no mitigation would be required.

c. No Impact. The nearest school is Creative Beginnings Montessori Preschool , which is located at 332 Alejo Road. The school is within 0.25 -mile to the southwest of the proposed Project site. Due to the nature of the proposed use of the Project as a residential and commercial development, there would be limited use of hazardous substances. In addition, as previously mentioned under Section 3.9.3 (a), the Project would be required to comply with federal, State, and local regulations to ensure proper use, storage, use, emission, and disposal of hazardou s substances. Therefore, the proposed Project would have a less-than-significant impact on schools within a quarter mile of the site and no mitigation is required.

d. Less than Significant Impact. According to the Department of Toxic Substances Control (DTSC), there are no Federal Superfund sites within the vicinity of the Project site. All environmental cleanups and any permitted hazardous material facilities are listed in the Envirostor database, including Comprehensive Environmental Response, Compensation, and Lability Act ( CERLA) sites as well.

Additionally, according to the California State Water Resources Control Board’s GeoTracker, the Project site is not located within any cleanup sites. The nearest active cleanup site is located approximately 1.0 mile to the south, which is the Ramon Cleaners and has a potential contaminant of concern (tetrachloroethylene or PCE). The clean-up status on this site is open and is undergoing site assessment as of July 2019 . However, the Project is not located on a site that is listed as a hazardous materials site pursuant to Government Code Section 65962.5. Thus, the Project would not create a significant hazard to the public or the environment. Therefore, the Project would have a less -than- significant impact and no mitigation is required.

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e. No Impact. The Project site is located approximately 2.5 miles from the Palm Springs International Airport. According to the General Plan’s Safety Element Figure 6 -8, Airport Compatibility Plan , the Project site is not located in a Compatibility Zone. The Riverside County Airport Land Use Compatibility Plan provides Basic Compatibility Criteria, which include s such considerations such as the prohibition of tall structures, hazardous materials storage, siting of high -occupancy buildings and facilities, and criteria infrastructure within compatibility zones, as well as limits on dwelling units per acre. The Project would not result in safety hazards for people residing or working in the Project area. Therefore, the Project would have no impact and no mitigation is required.

f. No Impact. The City has developed the Emergency Operations Plan (EOP), a multi -hazard document that addresses the City’s planned response and short -term recovery to extraordinary emergency situation that are associated with natural disasters, technological incidents, and national security emergencies. The Project would adhere to any applicable mitigation strategies listed within the EOP to assure that the Project would not physically interfere with an adopted emergency response plan or emergency evacuatio n plan. Therefore, the Project would have no impact and no mitigation is required.

g. No Impact. No wildlands are located in the vicinity of the Project site and the Project site is not located within a fire hazard severity zone . The Project site is located in an urban area of the City, which is surrounded by residential and commercial u ses. The nearest wildland to the Project site is the San Jacinto Mountains, which is approximately 2.1 miles to the west of the Project site. Based on the urban location of the Project site and lack of wildland in the Project vicinity, the development of the Project would not expose people or structures to wildland fires . Therefore, no impact would occur and no mitigation is required.

3.9.4 Mitigation
No mitigation is required.

3.9.5 Level of Significance after Mitigation
Not applicable.

3.10 Hydrology and Water Quality

3.10.1 Sources
• MSA Consulting, Inc., Preliminary Hydrology Report 575 North Palm Canyon Drive , August 3, 2021 (Appendix E)
• MSA Consulting, Inc., Project Specific Preliminary Water Quality Management Plan for: Palm Canyon Multi-Family 575 North Palm Canyon Drive in the City of Palm Springs, California , August 3, 2021 (Appendix F)
• City of Palm Springs, General Plan, 2007
• Coachella Valley Regional Water Management Group, 2018 Coachella Valley Integrated Regional Water Management & Stormwater Resource Plan, December 2018 • City of Palm Springs, General Plan, Recreation, Open Space, and Conservation Element, 2007 • Coachella Valley Water District, 2020 Urban Water Management Plan, 2020 Item 2B - Page 185
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3.10.2 Environmental Setting
The Project site is covered by Flood Insurance Rate Map (FIRM) Panel Number 06065C1558G, which designates Zone X, indicating areas determined to be outside the 0.2% annual chance floodplain. The Project site is vacant desert with some vegetation. The Project site generally slopes toward the east -southeast with storm runoff typically occurring as sheet flow. The Project site is bounded by Belardo Road to the west, Chino Drive to the south, North Palm Canyon Drive to the east, and vacant land to the north. The existing curb along North Palm Canyon Drive prevents flows from entering from the east. An existing catch basin on Belardo Road just north of the Project intercepts flows before they reach the site, leaving minimal f low to enter the site from the Belardo Road half-street along the Project frontage. Chino Drive runs along the low side of the Project, so no flows enter from the south. An existing wall along the northern property line of the vacant land to the north prevents flows from entering the site from that direction, so only runoff from the vacant land enters the site.

3.10.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?

b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?

c) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:

c.i.) Result in substantial erosion or siltation on- or off-site;
c.ii.) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;

c.iii.) 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; or

c.iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?

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a. Less than Significant Impact. Construction of the Project would be subject to National Pollutant Discharge Elimination System (NPDES) stormwater regulations for construction which are required when there is a soil disturbance of more than one acre. The Applicant will be required to comply with all rules, regulations and procedures of the NPDES permit for municipal, construction, and industrial activities as outlined by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colorado River Basin – Region 7). A Water Quality Management Plan (WQMP) (Appendix F) has been prepared to determine and describe the Best Management Practices (BMPs) that will be implemented on the Project site. The Project would be required to meet all applicable water quality standards or waste discharge requirements, thus avoiding any violation of such standards or requirements.

There are three groundwater subbasins: Whitewater River, Missions Creek, and Indio that serve the Palm Springs area. According to the General Plan, since the 1900’s and leading through today, depletion of groundwater basins has been accelerating since the expansion of agricultural activities.

Consequently, groundwater demand exceeds available recharge and in turn causing an “overdraft”. To ensure water availability, Coachella Valley water agencies contract with Metropolitan Water District of Southern California (MWD) to exchange their water entitlement from the State Water Project for like amounts from the Colorado River. Water is diverted and percolates into the Whitewater Subbasin via MWD’s aqueduct that c rosses the Whitewater River. The mentioned agreement is intended to assure adequate water supplies through the year 2035. Furthermore, the aforementioned water agencies are required to prepare an Urban Water Management Plan (UWMP) every five years. This plan helps set forth a program to meet water demands during normal, dry, and multiple dry years. The UWMP helps to ensure that water supplies are being planned for and meet future growth. The 2020 UWMP determined that adequate water supplies would be availab le to serve existing service areas through the year 2040. As such, since the Project site is within the City’s existing service area and has been accounted for within these water projections, the proposed Project would be consistent with the 2020 UWMP and would not substantially decrease groundwater supplies. Therefore, impacts to groundwater supplies would be less than significant and no mitigation is required.

The Project will connect to an existing sewer line beneath North Palm Canyon Drive. Wastewater will be transported to and processed at the City’s Wastewater Treatment Plant. The City contracts with Veolia North America (Veolia) for operation of the wastewater treatment plant, and Veolia implements all requirements of the Regional Water Qu ality Control Board which pertain to water quality and wastewater discharge. Adherence to all NPDES regulations will minimize any pollutants associated with urban runoff to a less than significant level. Therefore, with implementation of all applicable NPD ES regulations, impacts to water quality standards or waste discharge requirements would be less than significant. No mitigation is required.

b. Less than Significant Impact. The primary source of water in the Coachella Valley is groundwater extracted by deep wells and replenished with Colorado River Water. The Desert Water Agency (DWA) will provide domestic water service to the Project and is a participant in the Coachella Valley Regional Water Management Group that prepared an Integrated Regional Water Mana gement Plan (WMP) in 2018. The 2018 Integrated Regional WMP determined that long -term regional demand for potable water is expected to increase; however, with continued conservation measures and replenishment of groundwater, sufficient supplies will be ava ilable to meet the projected demand. As such, Project water demands have already been accounted for within the 2018 Integrated Regional WMP and sufficient water supplies exist to serve the Project.

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At Project buildout, water will be required to serve the needs of the proposed development of 24 multi-family homes and 2,214 s.f. of commercial space . The Project will connect to an existing water line beneath North Belardo Road and North Palm Canyon Drive . No new wells or additional water infrastructure are proposed. The Project will be required to comply with the DWA’s and the City’s water-efficiency requirements, such as including the use of drought -tolerant planting materials and limited landscaping irrigation. The Project will also be r equired to comply with the DWA’s drought restrictions and water reduction measures as applicable. Therefore, compliance and implementation of DWA and City requirements would ensure that the Project would not substantially decrease groundwater supplies or i nterfere substantially with groundwater recharge. Impacts would be less than significant, and no mitigation is required.

c. i-iv. Less than Significant Impact. Prior to development of the Project site, the City will review and approve the proposed civil plans to ensure the proposed development is in compliance with the City’s Municipal Code Section 8.70.100, which requires the Project to retain the runoff volume from a 100 -year, 24- hour storm event for the entire Project site.

The Project’s WQMP (Appendix F), which includes BMPs, will allow for the reduction in pollutants of concern and help reduce the impacts both short and long term of water quality during the construction and operation of the Project. The implementation of BMPs consistent with the Project specific WQMP as well as compliance with City requirements will ensure the design of the Project will not result in erosion or siltation on - or off -site. The Project would result in a less -than-significant impact to downstream water bodies. Therefore, impacts would be less than significant, and no mitigation is required.

d. No Impact. The Project site is located within Zone X (unshaded), which is an area of minimal flood hazard and not within the 100 -year nor 500 -year flood plain . Furthermore, the Project site is not located within the vicinity of a water body. Due to the Project site location being a significant distance from the ocean and from any lakes or dams, there is no possibility of dam failure, tsunami or seiche.

Therefore, no impacts are anticipated, and no mitigation is required.

e. Less than Significant Impact. As described in Section 3.10.3 (b), Project water demand has already been accounted for in the 2018 Integrated Regional WMP and sufficient water supplies exist to serve the Project. The Project will adhere to all applicable water quality standards and will implement a Project specific WQMP approved by the City and the Regional Water Quality Control Board for both construction and operational activities. Therefore, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater m anagement plan.

Therefore, the Project would result in a less than significant impact and no mitigation is required.

3.10.4 Mitigation Measures
No mitigation is required.

3.10.5 Level of Significance
Not applicable.

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3.11 Land Use and Planning

3.11.1 Sources
• City of Palm Springs, General Plan, Land Use Element, 2007

3.11.2 Environmental Setting
The Project site is located in the northern region of the Coachella Valley within the City of Palm Springs, at the north side of West Chino Drive and in between North Belardo Road and North Palm Canyon Drive. As shown in Exhibit 2, Vicinity Map, the Project site is surrounded by residential uses to the west and commercial uses to the north, south, and east. The Project site is currently designated as “Central Business District” under the City’s 2014 General Plan map and it is located within the CBD zone and Limited Multiple-Family Residential (R- 2) zone, per the City’s Official Zoning Map. The Applicant proposes the site to be rezoned to Retail Business (C- 1). Land use designat ions surrounding the Project site include CBD to the north and south, Open Space – Parks/Recreation to the east, and Estate Residential to the Limited Multiple-Family Residential.

3.11.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?

a. No Impact. The Project site is located on four vacant parcels in an urbanized area of the City . The Project site is surrounded by both residential uses and commercial use s and is bounded by North Belardo Road to the west, West Chino Drive to the south, and North Palm Canyon Drive to the east. As seen in Exhibit 2 – Vicinity Map, the development of the Project would occur on an already developed area in the City of Palm Springs. The Project is located in the center of the City surrounded by adjacent residential development and would no t physically divide any of the established surrounding communities. Therefore, no impacts would occur and no mitigation is required.

b. Less than Significant Impact. As previously mentioned, the Applicant has applie d for a GPA and a Change of Zone. The GPA application requests that the minimum density requirement for CBD land use would be lowered to 10 dwelling units per acre, The Change of Zone application requests to amend the Zoning Ordinance to change the underlying zone of the Project site from CBD and R -2 to C -1.

Approval of the GPA and C hange of Zone would inherently create consistency with the City’s General Plan land use designation and zoning designation.

Prior to development of the Project site, the City would review and approve the proposed architectural plans to ensure the proposed development meets the City’s development standards for the CBD land use and C-1 zone. Therefore, the Project would be developed in accordance with the proposed density Item 2B - Page 189
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requirement and zoning designation and would comply with all applicable policies contained in the General Plan as well as all applicable development regulations/development standards contained in the Zoning Ordinance. Accordingly, approval of the GPA and Change of Zone would inherently create consistency with the City’s Gen eral Plan and Zoning Ordinance. Therefore, implementation of the Project would not cause significant environmental impact due to a confli ct with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigation an environmental effect.

Impacts would be less than significant and no mitigation is required.

3.11.4 Mitigation
No mitigation is required.

3.11.5 Level of Significance after Mitigation
Not applicable.

3.12 Mineral Resources

3.12.1 Sources
• City of Palm Springs, General Plan, Recreation, Open Space and Conservation Element, 2007

3.12.2 Environmental Setting
The City’s primary mineral resource s are sand and gravel, collectively referred to as aggregate, which is used for asphalt, concrete, road base, stucco, plaster, and other similar construction materials. The northern portion of the City has been classified an MRZ-3 zone. Per the City’s General Plan, (Figure 5-3, page 39), the Project site is located in MRZ -3, which indicates it is located in an area containing mineral deposits, with the significance of which cannot be evaluated from available data.

3.12.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
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 site
delineated on a local general plan, specific plan, or
other land use plan?

a. No Impact. The California Geological Survey classifies Mineral Resources Zones (MRZs) within a region according to the following: MRZ-1, MRZ-2, MRZ-3, and MRZ-4. Per the City’s General Plan (Figure 5-3, page 39) the Project site is located in MRZ-3, which indicates it is located in an area containing mineral deposits, with the significance of which cannot be evaluated from available data . The Project site is designated as Central Business District under the City’s 2014 General Plan map and is located within Item 2B - Page 190
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the Limited Multiple-Family Residential and Central Business District Zone, per the City’s Official Zoning Map. Neither the existing nor proposed land use and zoning designations allows for mineral production. No portion of the Project site is designated for mineral land uses. Furthermore, if a potential mineral extraction operation were to be located within the Project site , it would be incompatible both with the land use designation and surrounding land uses. Therefore, development of the Project would result in a less-than-significant impact relating to mineral resources and no mitigation is required.

b. No Impact. Refer to Section 3.12.3(a), above. Implementation of the Project would not result in the loss of a locally-important mineral resource recovery site. No impact would occur and no mitigation is required.

3.12.4 Mitigation
No mitigation is required.

3.12.5 Level of Significance after Mitigation
Not applicable.

3.13 Noise

3.13.1 Sources
• Ganddini Group, Inc., RIOS Project Noise Impact Analysis, March 29, 2022 (Appendix D)

3.13.2 Environmental Setting
Noise
Noise has been defined as an unwanted sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A -weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear.

Vibration
According to the Federal Transit Administration (FTA) Transit Noise Impact and Vibration Assessment Manual, vibration is the periodic oscillation of a medium or object. The rumbling sound caused by the vibration of room surfaces is called structure -borne noise. Sources of ground -borne vibrations include natural or human made causes. In addition, vibration sour ces may be continuous , such as factory machinery, or transient, such as explosions.

There are several different methods that are used to quantify vibration. The peak particle velocity (PPV) is defined as the maximum instantaneous peak of the vibration si gnal. The PPV is most frequently used to describe vibration impacts to buildings. Human body responds to average vibration amplitude often described as the root mean square (RMS). The RMS amplitude is defined as the average of the squared amplitude of the signal and is most frequently used to describe the effect of vibration on the human body. Decibel notation Item 2B - Page 191
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(VdB) is commonly used to measure RMS. Decibel notation (VdB) serves to reduce the range of numbers used to describe human response to vibration. Typically, ground-borne vibration generated by man-made activities attenuates rapidly with distance from the source of the vibration. More detailed information regarding vibration can be found in the Noise Analysis (Appendix D) of this document.

3.13.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?

b) Generation of excessive groundborne vibration
or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or 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?

a. Less than Significant Impact. Project construction noise would occur due to the use of equipment that includes a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. The number and mix of construction equi pment is expected to occur in stages such as site preparation, grading, building construction, paving, and architectural coating.

Construction activities are anticipated to begin n o sooner than the beginning of November 2022 and be completed by early May 2024.

Construction Noise Analysis
Construction noise will vary depending on the construction process, type of equipment involved, location of the construction site with respect to sensitive receptors, the schedule proposed to carry out each task (e.g., hours and days of the week) and the duration of the construction work. The existing single-family residential uses to the west, multi-family residential uses to the north, and the transient lodging use to the northeast of the Project site property lines may be affected by short -term noise impacts associated with construction noise.

Construction noise associated with the Project was calculated utilizing methodology presented in the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual (2018) together with several key construction parameters including: distance to each sensitive receiver, equipment usage, percent usage factor, and baseline parameters for the Project site. Distances to receptors were based on the acoustical center of the proposed construction activity. Construction Item 2B - Page 192
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noise levels were calculated for each phase. Anticipated noi se levels during each construction p hase are presented in Table 10 of Appendix D.

A comparison of existing noise levels and Project construction noise levels at the closest receptor locations are presented in Table 9 of Appendix D. Short term noise measurement (STNM1) was chosen to represent noise levels at the property lines of the multi-family residential uses located to the north and northwest of the Project site, STNM2 was chosen to represent noise levels at the property lines of the single-family residential uses to the west and southwest of the Project site, STNM3 was chosen to represent noise levels at the property line of the rehabilitation center to the south of the Project site, STNM4 was chosen to represent noise levels at the property line of th e art gallery use to the east of the Project site, and STNM5 was chosen to represent noise levels at the property line of the hotel use to the northeast of the Project site.

Modeled unmitigated construction noise levels ranged between 55.3 and 76.1 dBA Leq at the nearest sensitive receptors to the Project site (see Table 10 of Appendix D). As discussed earlier, construction noise sources are regulated within the City of Palm Springs Municipal Code Section 8.04.220 which prohibits construction other than during the hours of 7:00 AM to 7:00 PM on weekdays and 8:00 AM to 5:00 PM on Saturdays. In addition, construction work is not permitted on Sundays and holidays (incudes Thanksgiving Day, Christmas Day, New Year’s Day, July 4th, Labor Day and Memorial Day).

The Project would comply with the allowed hours of construction specified in Section 8.04.220 of the City o f Palm Springs’ Municipal Code. Impacts would be less than significant, and no mitigation is required

Off-Site Traffic Noise Analysis
Traffic generated by the operation of the P roject will influence traffic noise levels in surrounding off - site areas. During operation, the Project is expected to generate approximately 238 average weekday daily vehicle trips with 11 trips during the AM pea k-hour and 20 trips during the PM peak -hour. A Project generated traffic noise level was modeled utilizing the FHWA Traffic Noise Prediction Model - FHWA-RD-77-108. Traffic noise levels were calculated at the right of way from the centerline of the analyzed roadway. The modeling is theoretical and does not take into account any existing barriers, structures, and/or topographical features that may further reduce noise levels. Therefore, the levels are shown for comparative purposes only to show the differenc e in with and without Project conditions. The potential off-site noise impacts caused by an increase of traffic from operation of the proposed Project on the nearby roadways were calculated for the following scenarios.

Existing Year (without Project): Th is scenario refers to existing year traffic noise conditions and is demonstrated in Table 11.

Existing Year (With Project): This scenario refers to existing year plus project traffic noise conditions and is demonstrated in Table 11.

As shown in Table 12 of Appendix D, modeled Existing traffic noise levels range between 62 -62 dBA CNEL at the right -of-way of each modeled roadway segment; and the modeled Existing Plus Project traffic noise levels range between 73 -73 dBA CNEL at the right -of-way of e ach modeled roadway segment.

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As stated previously, increases in ambient noise along affected roadways due to P roject generated vehicle traffic is considered substantial if the P roject-related traffic would increase the CNEL at any noise-sensitive receptor by an audible amount of 3 dBA and cause the noise level at the receiving land use to exceed the noise standards detailed in the Noise Element of the Palm Springs 2007 General Plan. Project-generated vehicle trips are anticipated to increase noise levels between approximately

0.06 and 0.32 dB at the nearest sensitive receptors. Therefore, a change in noise level would be considered less than significant. No mitigation is required.

On-Site Traffic Noise Analysis
The City of Palm Springs General Plan identifies exterior noise levels up to 65 dBA CNEL as normally acceptable and up to 70 dBA CNEL as conditionally acceptable for multi -family residential uses. In addition, commercial uses are considered normally acceptable with exterior noise levels up to 70 dBA CNEL and conditionally acceptable up to 77.5 dBA CNEL. Proposed land uses that fall into the “conditionally acceptable” category should be undertaken only after a detailed anal ysis of the noise reduction requirements is made and needed noise insulation features included in the design.

Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice.

As shown on Figures 6 of Appendix D, future traffic noise levels from Palm Canyon Drive are expected to range between 37 and 75 dBA CNEL at the proposed residential and retail/office units closest to North Palm Canyon Drive. As shown on Figure 7 of Appendix D, there will be am ple space available between the proposed buildings where future noise levels are expected to be 65 dBA CNEL or less for outdoor recreational uses. In order to ensure interior noise levels do n ot exceed 45 dBA CNEL, the Project developer will ensure that all windows and sliding glass doors that are exposed to noise levels that exceed 65 dBA), will have STC ratings between 26 and 33.

The Project would be consistent with the City’s normally acceptable exterior noise standards for multi- family residential uses and commercial uses. Impacts to the Project would be less than significant.

On-Site Operational Noise Analysis
Sensitive receptors that may be affected by Project operational noise include the proposed residential uses as well as the existing residential uses to the north, northwest, west, and southwest, rehabilitation center to the south, and transient lodging uses to the northeast.

The proposed parking area includes 42 garage residential parking spaces and 16 surface guest/retail parking lot spaces. Therefore, the majority of the parking spaces are enclosed, would reduce parking lot associated noise levels at proposed and existing residential uses. The Project would be required to comply with Section 11.74.042 of the City’s Municipal Code which prohibits loading and unloading of vehicles, such as trash collectors, fork lifts, or cranes, within one thousand feet of a residence and non- emergency exterior hardscape and landscape activities, including without limitation tree trimming, re- seeding, lawn mowing, leaf blowing, dust and debr is clearing, and any other land scaping or nonemergency exterior hardscape maintenance activities which wo uld utilize any motorized saw, sander, drill, grinder, leaf -blower, lawn mower, hedge trimmer, edger, or any other similar tool or device, between the hours of 8:00 PM to 8:00 AM in residential zones and between the hours of 8:00 PM to 7:00 AM in all other zones.

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Per Title 24 California Building Code the Project would be constructed in compliance with the California Building Code (CBC) noise insulation standards. The following outlines the minimum building requirements for multi -family attached residential dwelling units as it relates to noise isolation for common separating assemblies:

1. Walls, partitions, and floor/ceiling assembly designs must provide a minimum STC of 50, based on lab tests. Field tested assemblies must provide a minimum noise isolation class (NIC) of 45.

2. Floor/ceiling assembly designs must provide for a minimum impact insulation class (IIC) of 50, based on lab tests. Field tested assemblies must provide a minimum FIIC of 45.

3. Penetrations or openings in sound rated assembl ies must be sealed, lined, insulated, or otherwise treated to maintain required ratings.

4. Interior noise levels due to exterior sources must not exceed a community noise equivalent level (CNEL) or a day-night level (LDN) of 45 dBA, in any habitable room.

Thus, the design of party walls and floor/ceiling assemblies for multi -family attached residential dwelling units must be based on laboratory tested assemblies which test at a sound transmission class of 50 STC, or better . On-site operational noise impac ts between the proposed residential and commercial land uses would be less than significant with compliance of existing state and local building regulations. No mitigation is required.

b. Less than Significant. There are several types of construction equipment that can cause vibration levels high enough to cause architectural damage and/or annoyance to persons in the vicinity. For example, as shown in Table 13 of Appendix D, a vibratory roller could generate up to 0.21 PPV at a distance of 25 feet; and operat ion of a large bulldozer (0.089 PPV) at a distance of 25 feet (two of the most vibratory pieces of construction equipment).

Available guidelines from the Federal Transit Administration (FTA) are utilized to assess impacts due to ground -borne vibration. The FTA has adopted vibration standards that are used to evaluate potential building damage impacts related to construction activities. The threshold at which there is a risk to “architectural” damage to reinforced -concrete, steel or timber (no plaster) buildings is a peak particle velocity (PPV) of 0.5, at engineered concrete and masonry (no plaster) buildings a PPV of 0.3, at non-engineered timber and masonry buildings a PPV of 0.2 and at buildings extremely susceptible to vibration damage a PPV of 0.1. The FTA has also adopted standards associated with human annoyance for groundborne vibration impacts for the following three land-use categories: (1) Vibration Category 1 – High Sensitivity, (2) Vibration Category 2 – Residential, and (3) Vibration Category 3 – Institutional.

The FTA defines Category 1 as buildings where vibration would interfere with operations within the building, including vibration -sensitive research and manufacturing facilities, hospitals with vibration - sensitive equipment, and university research operations. Vibration -sensitive equipment includes, but is not limited to, electron microscopes, high -resolution l ithographic equipment, and normal optical microscopes. Category 2 refers to all residential land uses and any buildings where people sleep, such as hotels and hospitals. Category 3 refers to institutional land uses such as schools, churches, other institutions, and quiet offices that do not have vibration -sensitive equipment, but still have the potential for activity interference. The vibration criteria associated with human annoyance for these three land-use categories are shown in Table 8 of Appendix D. Table 8 in Appendix D shows that 72 VdB is the threshold for annoyance from groundborne vibration at residential sensitive receptors and 75 VdB at institutional sensitive receptors.

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As stated previously, for conservative purposes, this construction vibrati on analysis compares the estimated vibration levels generated during constructio n of the P roject to the 0.2 in/sec PPV significance threshold for non-engineered timber and masonry buildings.

The nearest off-site structures to the Project property lines include the commercial structures located approximately 32 feet to the north, 82 feet to the south, and 95 feet to the east and the residential structures located approximately 40 feet to the north, 95 feet to the west and northwest, and 127 feet to the sout hwest. As shown in Table 14 of Appendix D , at 32 feet, the closest off -site commercial structure, use of a vibratory roller would be expected to generate a PPV of 0.145 in/sec and a bulldozer would be expected to generate a PPV of 0.061 in/sec. In addition , at 40 feet, the closest off -site residential structure, use of a vibratory roller would be expected to generate a PPV of 0.104 in/sec and a bulldozer would be expected to generate a PPV of 0.044 in/sec. Therefore, use of either a vibratory roller or a bulldozer would not cause architectural damage to the receptors to the west. Impacts from vibration generated damage would be less than significant and no mitigation is required.

As shown in Table 8 of Appendix D, vibration becomes strongly perceptible to s ensitive receptors at a level of 72 VdB and at a level of 75 VdB at daytime institutional uses. A vibratory roller could generate up to 72 VdB at a distance of 136 feet from the source and a large bulldozer could generate 72 VdB at a distance of 80 feet fr om the source. In addition, a vibratory roller could generate up to 75 VdB at a distance of 108 feet from the source and a large bulldozer could generate 75 VdB at a distance of 63 feet from the source. The closest buildings to the P roject site include commercial buildings located as close as 32 feet from the Project property lines.; however, commercial uses are not considered a vibration-sensitive land use, no further analysis in regard to annoyance is necessary.

The closest residential buildings to the P roject site include the multi -family residential dwelling units located approximately 40 feet to the north and the single -family residential buildings located as close as approximately 95 feet to the west and northwest and 12 7 feet to the southwest of the Project site property lines. Furthermore, the commercial use to the south, with buildings located as close as approximately 82 feet from the P roject’s southern property line, is a rehabilitation center; therefore, for purposes of this analysis it was assumed to fit under Category 1 as a residential sensitive receptor.

In addition, the commercial use to the east, with buildings as close as approximately 95 feet from the project’s eastern property line, is an art gallery with associated classes; therefore, for purposes of this analysis, it was assumed to fit under Category 3 as an institutional sensitive receptor. As shown in Table 13 of Appendix D, the threshold for annoyance due to vibration (72 VdB at offsite residential sensitive uses and 75 VdB at off -site institutional sensitive uses) could theoretically be exceeded at existing sensitive receptors surrounding the P roject site, and people may be temporarily annoyed.. However, the potential annoyance due to construction related vibration would only occur when a vibratory roller is used within 13 feet or when a bulldozer is within 3 feet of the northern project property line.

Therefore, potential annoyance to the residential receptors to the north will be short-term and limited to daytime hours. Therefore, impacts would be less than significant no mitigation is required.

Operation of the proposed Project will involve the movement of passenger vehicles and trucks. Driving surfaces associated with the P roject will be paved and will generally be smo oth. Loaded trucks generally have a PPV of 0.076 at a distance of 25 feet. Groundborne vibration levels associated with passenger vehicles are much lower. The movement of vehicles on the Project site would not result in the generation of excessive groundborne vibration or groundborne noise. Impacts would be less than significant and no mitigation is required.

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c. Less than Significant Impact. The closest airport to the Project site is the Palm Spring International Airport with runways located as close as appro ximately 1.7 miles to the northeast of the Project site.

Per the City of Palm Springs General Plan, (Figure 6-8) Airport Compatibility Plan, the Project site is not located in an airport compatibility zone. Furthermore, the noise compatibility contours provided in the Riverside County Airport Land Use Compatibility Plan (RCALUCP) show that the Project site is well outside the 60 dBA CNEL noise contour for the Palm Springs International Airport. Therefore, although the Project is within two miles of a public airport, the Project would not expose people residing or working in the Project area to excessive noise levels associated with airports . Impacts would be less than significant and no mitigation is required.

3.13.4 Mitigation
No mitigation is required.

3.13.5 Level of Significance after Mitigation
Not applicable.

3.14 Population and Housing

3.14.1 Sources
• City of Palm Springs, General Plan, Housing Element, Palm Springs, 2007 (update 2014) • Southern California Association of Governments Regional Council, Profile of the City of Palm Springs, 2019. Accessed on June 7, 2021, <https://www.scag.ca.gov/Documents/PalmSprings.pdf> • United States Census Bureau, QuickFacts Palm Springs , 2021. Accessed on April 22, 2022, https://www.census.gov/quickfacts/palmspringscitycalifornia

3.14.2 Environmental Setting
Based on the United States Census Bureau , the City of Palm Sp rings had a population of 44,552 in 2010, and the population increased to an estimated 44,575 people in 2021. The average persons per household between 2016-2020 was 1.93 persons per household.

3.14.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned 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 people
or housing, necessitating the construction of
replacement housing elsewhere?

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a. Less than Significant Impact. The Applicant proposes the development of 24 condominium units and 2,214 square feet of commercial space on 2.4 acres of undeveloped land. This . As of the 2020 US Census, the City’s population was estimated at 47,427 persons. The City’s General Plan projects and plans for a total population of approximately 100,729 persons by the General Plan build out year of 2040. The proposed Project would only add 24 residential units and an average of 45 to 65 people to the City’s population. This additional population growth is consistent with the City’s population growth projections. Furthermore, the Project is located within existing urban development located in all directions of the Project site and will be accessible via existing roads and infrastructure. No roads or infrastructure would need to be extended to serve the Project. Because the anticipated increase in population based on the proposed residences would be negligible (and within current population growth projections), and induced population growth is also expected to be negligible . Therefore, impacts would be less than significant and no mitigation is required.

b. No Impact. The future development of 24 condominium units and 2,214 square feet of commercial space will take place on four vacant parcels. No existing structures or housing will be eliminated as a result of the P roject and is not expected to displace any current residents . Instead, the Project will accommodate housing that is needed by the growing population. Therefore, there would be no impacts, relating to the displacement of people or housing, and no mitigation is required.

3.14.4 Mitigation
No mitigation is required.

3.14.5 Level of Significance after Mitigation
Not applicable.

3.15 Public Services

3.15.1 Sources
• City of Palm Springs, General Plan, Safety Element, 2007 • City of Palm Springs, General Plan, Recreation, Open Space and Conservation Element, 2007 • Palm Springs Unified School District, 2019 CBEDS Report , 2019. Accessed on June 7 , 202 1, https://www.psusd.us/site/handlers/filedownload.ashx?moduleinstanceid=6972&dataid=13860&Fil eName=2019%20CBEDS%20REPORT.pdf

3.15.2 Environmental Setting
Fire Protection Services
The Palm Springs Fire Department provides for fire, paramedic, and emergency services within the corporate boundaries of the City and through mutual agreements in the Sphere of Influence (SOI), protecting 96 square miles of the Palm Springs area. Firefighting resources include five fire stations located throughout the City with a goal that the response time to any resident is under five minutes. There are a total of 18 on -duty firefighter personnel during a 24-hour period.

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Police Protection Services
The Palm Springs Police Department offers response service, criminal investigation, traffic enforcement, and preventive patrol for the City. The departments consist of two divisions, Operations and Services, employing 88 sworn and 59 nonsworn personnel. Operations include patrol, jail, and airport operations. Services include investigation, records, animal control, and communications. Additionally, the Citizens on Patrol (COP) Program extensively trains volunteers in areas such as traffic control, safe patrol tec hniques, CPR, and first aid. The Department’s Community Policing Program also operates the Citizen’s Police Academy and the volunteer - based horseback Mounted Enforcement Unit.

Schools
The Palm Springs Unified School District (PSUSD) provides educational s ervices for grades K -12 in the City of Palm Springs. Currently, there are 16 elementary schools, five middle schools , four high schools, and two continuation schools in the City. PSUSD receives funding from school facilities fees, state funding, and local funding. PSUSD is authorized to collect school facilities fees as provided for in Government Code Section 53080 et. seq. and 65995 et seq. in the amount of $4.08 per square foot of residential development.

Parks
Palm Springs owns and maintains 156 acres o f developed parkland and 160 acres of City -owned golf courses open to the public, as well as miles of developed greenbelts along major thoroughfares throughout the City.

The City categorizes parks as the following: local parks, specialty parks, community p arks, and neighborhood parks. Additionally, the City contains a total of 1,517 acres of dedicated open space.

3.15.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

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:

i) Fire Protection?
ii) Police Protection?
iii) Schools?
iv) Parks?
v) Other public facilities?

a-i. Less than Significant Impact. The Palm Springs Fire Department provides fire protection services to the Project site and surrounding area. The nearest Palm Springs Fire Department Fire Station (No. 1) is located at 277 N Indian Canyon Drive, approximately 0.4 mile southeast from the Project site. Based Item 2B - Page 199
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on the Project site’s proximity to the existing fire station, the Project w ould be adequately served by fire protection services, and no new or expanded unplanned facilities would be required. Additionally, the Project would feature fire safety and fire suppression activities, including type of building construction, fire sprinkl ers, a fire hydrant system, and paved access. The Palm Springs Fire Department will review and approve Project plans to ensure all applicable fire standards and regulations are met. Therefore, impacts associated with fire protection services would be less than significant, and no mitigation is required.

a-ii. Less than Significant Impact. The Palm Springs Police Department provides police protection services to the Project site and surrounding area. The Palm Springs Police Department is located at 200 S. Civic Drive, which is located approximately 2.13 miles southeast from the Project site. Based on the Project site’s proximity to the existing police station, the Project would be adequately served by police protection services, and no new or expanded unplanned facilities would be required. The Palm Springs Police Department will review and approve Project plans to ensure all applicable police standards and regulations are met. Therefore, impacts associated with police protection services would be less than significant, and no mitigation is required.

a-iii. Less than Significant Impact . The nearest school is Creative Beginnings Montessori Preschool , which is located approximately 0.13-mile southwest of the Project site at 332 Alejo Road. The addition of the future twenty-four condominium residences and 2,214-s.f. of commercial space would not significantly increase the number of students within nearby s chools. The Project is required to pay the State mandated school impact fees, which would assist in mitigating impacts to school s. Therefore, this fee would assure that impacts would be less than significant and no mitigation is required.

a-iv. Less than Significant Impact. The City of Palm Springs requires new developments to dedicate land for recreational purposes or pay in -lieu fees. The Project would result in a negligible population increase and a negligible demand for park facilities. Therefore, this fee will assure that the impacts to City parks would be less than significant and no mitigation is required.

a-v. Less than Significant Impact. The Project would result in less-than-significant impacts to other public facilities. It is not expected that the Project would result in an increase in population that would require the provision of additional public facilities within the City of Palm Springs. Access to the Project is provided by existing roads and will connect to existing utility infrastructure. New public roads or public transportation facilities, or other public facilities, are not required. Therefore, impacts would be less than significant, and no mitigation is required.

3.15.4 Mitigation
No mitigation is required.

3.15.5 Level of Significance after Mitigation
Not applicable.

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3.16 Recreation

3.16.1 Sources
• City of Palm Springs Recreation , Open Space and Conservation Element, Palm Springs General Plan, 2007

3.16.2 Environmental Setting
The City owns and mai ntains 156 acres of developed parkland, 160 acres of City -owned golf courses open to the public, as well as miles of developed greenbelts along major thoroughfares throughout the City. The City is also home to privately owned golf courses, many of which ar e also open to the public. These parks and recreational areas contain an array of amenities. The Whitewater Wilderness Study Area and the Murray, Andreas, and Palm Canyon recreation areas, which are operated by the Agua Caliente Band of Cahuilla Indians, are also located within City limits.

3.16.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?

b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?

a-b. Less than Significant Impact. The Project would result in a negligible population increase and a negligible demand for park facilities. Based on the population generation factor of 2.0 persons pe r household from the 2007 General Plan, the future twenty-four condominium residences would result in a less-than-significant impact to the City’s existing recreational facilities. There is a low potential for the Project to increase the use of existing ne ighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur . Furthermore, the Project would contribute to the expansion of recreational facilities by constructing a 2,214-s.f. outdoor plaza that would provide a spa, gym, and yoga studio to the public. Therefore, the Project would have a less-than-significant impact on recreational facilities within the City and no mitigation is required.

3.16.4 Mitigation
No mitigation is required.

3.16.5 Level of Significance after Mitigation
Not applicable.

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3.17 Transportation

3.17.1 Sources
• Urban Crossroads, Inc., Palm Canyon Multi-Family Traffic Scoping Letter, August 3, 2022 (Appendix G) • City of Palm Springs, City of Palm Springs Traffic Impact Analysis Guidelines, July 2020 • City of Palm Springs, 2007 General Plan Circulation Element, Accessed August 18, 2022

3.17.2 Environmental Setting
The proposed Project consists of the development of 24 condominium units and a 2,214 square foot commercial space for a spa, yoga studio, and a gym. The Project is exempt from preparing either a Traffic Impact Analysis or Vehicle Miles Traveled Screening Analysis because the Project would generate less than 100 peak hour trips and proposes less than 11 single -family housing units per the City’s Traffic Impact Analysis Guidelines.

3.17.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
TRANSPORTATION – Would the project:
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?

b) Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3, subdivision
(b)?

c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?

d) Result in inadequate emergency access?

a. Less than Significant Impact.

Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?

According to the Palm Springs General Plan goal CR1, the City intends to establish and maintain an efficient, interconnected circulation system that accommodates vehicular travel, walking, bicycling, public transit, and other forms of transportation. Pedestrian activity is singled out as an important part of the City’s recreational lifestyle. Pedestrian facilities such as walkways, bridges, trails, crosswalks, signals, benches, and shade canopies are a critical component of the nonmotorized transportation network in Pa lm Springs. In areas where pedestrian facilities are present, people will be much more likely to make short trips by walking instead of by automobile. Pedestrian walkways help to link Item 2B - Page 202
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educational facilities to City parks, and can help create a critical lif eline between the retail shops Downtown and the City’s resort amenities such as the Convention Center, casino, and hotels.

As stated in General Plan Goal CR7, the City intends to create a pedestrian experience that is attractive to both residents and visitors. The Project supports this goal by integrating into the city’s walkable grid, by enhancing the local pedestrian experience by integrating retail, providing in -fill development and adding visual interest, by facilitating walkability for its residents due to its proximity to other Palm Springs attractions, and by mixing uses on the site.

As stated in General Plan Goal CR6, the City intends to establish Palm Springs as the premiere provider of recreational trails and bikeways in the Coachella Valley. Th e Project will not conflict with this goal as it will keep roadways, medians, and sidewalks clear for their current uses.

As stated in General Plan Goal CR4, the City intends to reduce its dependence on the use of single - passenger vehicles by enhancing ma ss transit opportunities. The Project will support this goal based on its integration into the City’s existing pedestrian-friendly street and sidewalk grid. Additionally, the project site is directly adjacent to the North Palm Canyon at Chino bus stop that is serviced by bus routes 1 and 4 which connect Palm Springs with Coachella via State Route 111.

The project is a local-serving retail type development which would contribute to the project reducing VMT impacts. Further, the project will be located within a Transit Priority Area (TPA), will not be located in a low VMT generating zone, interfere with pedestrian , bicycle, roadway, or transit facilities. The project’s mixed-use design as well as its proximity to high-quality transit and other destinations within walking and biking distance will reduce vehicle miles traveled (VMT). Therefore, the Project would not conflict with the City of Palm Springs General Plan Circulation Element and impacts would be less than significant. No mitigation is required.

b. Less than Significant Impact. CEQA Guidelines section 15064.3 sets forth guidelines for implementing Senate Bill 743 (SB 743) for reduction of GHG emissions and development of multimodal transportation networks. SB 743 re quires amendments to the CEQA Guidelines to provide for an alternative criteria to the LOS methodology for evaluating transportation impacts. Generally, “vehicle miles travelled” or VMT is considered as the most appropriate measurement of transportation impacts. VMT refers to the amount and distance of automobile travel attributable to a project.

The Project’s traffic was evaluated against screening criteria to determine if it could clearly be determined that the Project would not generate substantial VMT and therefore be consistent with CEQA Guidelines Section 15064.3(b), or if additional analysis was needed to determine the significance of Project-related VMT. The screening criteria used in the Project analysis are established in the City’s Traffic Impact Analysis Guidelines.

Pursuant to the Traffic Impact Analysis Guidelines, small projects such as retail buildings with area less than or equal to 60,000 square feet and multi -family residential projects less than or equal to 147 dwelling units may be presumed to have a less than significant impact. The Project is proposing 24 residential dwelling units and 2,214 square feet of retail which are lower quantities than the respective residential and retail criteria.

Additionally, p rojects located within a Transit Priority Area (TPA) (i.e., within ½ mile of an existing “major transit stop” or an existing stop along a “high -quality transit corridor”2) may be presumed to Item 2B - Page 203
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have a less than significant impact absent substantial evidence to the contrary. Southern California Councils of Governments (SCAG) provides TPA data through their graphical information system (GIS).

This data was utilized to locate if the Project site and its proximity to a TPA. Results as shown in Attachment B of Appendix G identify the Proj ect Site is located in a high -quality transit area.

Additionally, t he introduction of new local -serving retail has been determined to reduce VMT.

Therefore, retail projects where no single store on -site exceeds 50,000 square feet can be presumed to cause less-than-significant impact. The retail component of the Project is 2,214 square feet which is less than 50,000 square feet.

Accordingly, implementation of the Project would not generate excessive VMT and therefore would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3(b). Less than significant impact would occur and no mitigation is required.

c. Less than Significant. The types of traffic generated from the Project (i.e., passenger cars) would be compatible with the type of traffic observed along roadways within the Project vicinity under existing conditions. In addition, prior to development of the Projec t site, the City will review and approve the proposed architectural plans to ensure all proposed improvements within the public right -of-way would be installed in conformance with City design standards and that no hazardous transportation design features would be introduced through implementation of the Project. In addition the Riverside County Fire Department, City Fire Services, and the City Police Department will review the proposed site plan to ensure that all safety design features and geometric design are compliant with existing standards prior to final Project approval. Accordingly, the Project would not create or substantially increase safety hazards due to a design feature or incompatible use. Impacts would be less than significant and no mitigation is required.

d. Less than Significant Impact. A full access (gated) entry to the Project is provided via Belardo Road. A gated access along Palm Canyon Drive will be utilized for fire and emergency access only (see Exhibit 1 in Appendix G)

Additionally, the Riverside County Fire Department, City Fire Services, and the City Police Department will review the proposed site plan to ensure that all safety design features and measures related to emergency access and geometric design are compliant with existing standards prior to final Project approval. Accordingly, the Project would not create or increase safety hazards due to inadequate emergency access. There will be no significant impact.

3.17.4 Mitigation
No mitigation is required.

3.17.5 Level of Significance after Mitigation
Not applicable.

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3.18 Tribal Cultural Resources

3.18.1 Sources
• CRM TECH, Historical/Archaeological Resources Survey Report The RIOS Project , May 1, 2022 . (Appendix C)
• AB 52 Notification Letters

3.18.2 Environmental Setting
On January 17, 2022 , CRM TECH submitted a written request to the State of California Native American Heritage Commission (NAHC) for a records search in the commission’s Sacred Lands File. CRM TECH also notified the Agua Caliente Band of Cahuilla Indians of the upcoming archa eological field survey. The NAHC reported in a letter dated March 14, 2022 , that the results of the Sacred Lands File search were positive for tribal cultural resources in the Project vicinity and recommended contacting the Los Coyotes Band of Cahuilla and Cupeno Indians for further information. The Los Coyotes Band of Cahuilla and Cupeno Indians in the Warner Springs area also were contacted in writing on March 14, 2022 for additional information on potential Native American cultural resources in the Project vicinity. No response has been received to date.

As mentioned above, prior to the field survey, CRM TECH notified the Agua Caliente Band of Cahuilla Indians and invited tribal participation. Despite close coordination with Andreas Heredia, Cultural Resources Coordinator for the Agua Caliente Band, in subsequent correspondence, Mr. Heredia was ultimately unable to participate in the survey on the scheduled date. In a written reply to CRM TECH’s inquiry dated April 15, 2022, Lacy Padilla, Archaeologist with the Agua Caliente Tribal Historic Preservation Off ice, requested copies of all cultural resource documentation for tribal review as well as tribal monitoring of ground -disturbing activities during the Project. In the letter, Ms. Padilla noted the presence of Séc-he, the famed Agua Caliente hot springs, near the Project location. On March 10, 2022, the Agua Caliente Band of Cahuilla Indians responded stating the Project site is located within the Tribe’s Traditional Use Area. They requested for a copy of the records search and cultural resource report and tribal monitoring during Project construction.

Human history within the Coachella Valley, including areas of present day Palm Springs, dates back to the earliest civilization of the Cahuilla people, whose culture is present today. It was approximately 2000 years ago when the Cahuilla Indians first occupied the land that is now the Palm Springs area. Complex communities were developed in Palm, Murray, Andreas, Tahquitz, and Chino Canyons where the Cahuilla Indians managed hundreds of plant resources. T oday the Agua Caliente Band of Cahuilla Indians Reservation encompasses a checkerboard of land within the City of Palm Springs.

3.18.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
TRIBAL CULTURAL RESOURCES – Would the project:

Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code section
21074 as either a site, feature, place, cultural

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
landscape that is geographically defined in terms of
the size and scope of the landscape, sacred place, or
object with cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or

b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

a. Less than Significant with Mitigation Incorporated . As previously discussed in Section 3.5.3 (a) and (b), CRM TECH observed one concrete foundation of a secondary building associated with a 1940s residential compound was noted on the Project site. With the removal of the principal components of the compound, however, this minor feature does not retain the ability to relate to any p ersons or events in the history of the property, nor have any persons or events of recognized historic significance identified in association with the property. In addition, the feature demonstrates no notable qualities in design, construction, engineering, or aesthetics and, without any associated artifact deposits, holds no promise for any important archaeological data. As such, it has no potential to qualify as a “historical resource.” The mitigation measures established in Section 3.5, Cultural Resources, will be applied to Section 3.18, Tribal Resources, to ensure the protection of historical and archaeological resources .

Therefore, with implementation of Mitigation Measure CUL-1, impacts would be less than significant.

b. Less than Significant Impact with Mitigation Incorporated. According to the Sacred Lands File Search, the site was found positive for tribal cultural resources in the Project vicinity and recommended contacting the Los Coyotes Band of Cahuilla and Cupeno Indians for further information. On March 14, 2022, an email inquiry was sent to Chairperson Ray Chapparosa of the Los Coyotes Band, but no response has been received to date. Prior to the field survey, CRM TECH notified Agua Caliente Band of Cahuilla Indi ans and invited tribal participat ion. Despite close coordination with Andreas Heredia, the cultural resources coordinator for the Agua Caliente Band, in subsequent telephone contacts, Mr.

Heredia was unable to participate in the survey on the scheduled dat e. Due to the site being located within an area where there is possibility for tribal cultural resources , incorporation of Mitigation Measure TBL -1 as conditioned by the City would reduce impacts to less than significant.

Implementation of TBL-1 would ensure consultation with the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians in complete and written approval is obtained from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians prior Item 2B - Page 206
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to any ground disturbing activities. Therefore, this impact is considered less than significant with mitigation incorporated.

3.18.4 Mitigation
TBL-1 Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699 -6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinat e scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

The applicant shall coordinate scheduling of Agua Caliente Tribal cultural monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

3.18.5 Level of Significance after Mitigation
With implementation of Mitigation Measure TBL-1, impacts regarding Tribal Cultural Resources would remain less than significant.

3.19 Utilities and Services

3.19.1 Sources
• County of Riverside, County of Riverside General Plan Envi ronmental Impact Report No. 521 , Water Resources, 2015
• City of Palm Springs, General Plan, Safety Element, 2007 • City of Palm Springs, General Plan, Recreation, Open Space and Conservation Element, 2007 • Desert Water Agency, Urban Water Management Plan, 2020 • CalRecycle, SWIS Facility Detail, 2020
• Riverside County Planning Department, Map My County, 2021 • Waste Water Treatment Plant, City of Palm Springs website. Accessed at https://www.palmspringsca.gov/government/departments/public-works-engineering/waste-water- treatment-plant. Accessed on June 8, 2021.

3.19.2 Environmental Setting
Domestic Water
The Coachella Valley Water District (CVWD), De sert Water Agency (DWA), and Mission Springs Water District (MSWD) provide water to the City of Palm Springs. There are three (3) groundwater subbasins: 1) Whitewater River, 2) Mission Creek, and 3) Indio, which are located within the City and planning are a. In recent years, groundwater demand exceeds available recharge and this has caused an “overdraft”. Additionally, Coachella Valley water agencies contract with Metropolitan Water District of Southern California (MWD) to exchange their water entitlement from the State Water Project for like amounts from the Colorado River.

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Waste Water
Veolia Water North America is the waste water treatment plant currently operating in the City of Palm Springs.

The Waste Water Treatment Plant is responsible for removing contaminants from sewage waste water. The plant is located at 4375 E Mesquite Avenue.

Solid Waste
The Palm Springs Disposal Services provides solid waste services to the City. Solid waste generated by the City is sent to Edom Hill Transfer Station located in the City of Cathedral City. The transfer station is an 8-acre facility operated by Waste Management Inc. and is permitted to r eceive 2,600 tons per day. Solid waste from the transfer station is disposed of at three landfills: Lamb Canyon Landfill, Badlands Landfill, and El Sobrante Landfill.

Flood Management
The City is susceptible to flash flooding due to the steepness of local mountains and the presence of rock types that are fairly impervious. Portions of the City are susceptible to storm -induced flooding of the Whitewater River and other drainages that extend across the City. The Project site is not found within a flood hazard zone.

3.19.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural gas,
or telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?

b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?

c) 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?

d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?

e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

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a. Less than Significant Impact. Water demand associated with the proposed Project would consist of interior plumbing devices in the homes and commercial space (i.e., sinks, toilets, faucets) as well as outdoor landscape irrigation. The Project’s water, sewer, and storm drain lines would be connected to existing lines beneath North Belardo Road, North Palm Canyon Drive, or the northern Project site boundary; therefore, the Project would not require or result in the relocation or construction of new or expanded water, wastewater treatment, or stormwater drainage systems. Impacts would be less than significant and no mitigation is required.

b. Less than Significant Impact. DWA provides domestic water services to the Project site.

Implementation of the Project’s construction would require water at a rate of 1.01 acre -feet per year per dwelling unit for residential uses and 3.5 acre -feet per year per acre of commercial uses . As the Project would include the development of 24 dwelling units and 0.05 acre of commercial space , the Project would require approximately 24.42 acre-feet of water per year. The Project water demands amount to an increase of approximately 0.0 7 percent of the total water demand within the Desert Water Agency (36,228) in the year 2025 . Implementation of the Project would result in a marginal increase in water demand within the Desert Water Agency service area; however, as displayed in the DWA Urban Water Management Plan, the district has sufficient water supplies serve to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years.

Additionally, the Project will be required to implement all water conservation measures imposed by DWA under normal as well as drought conditions over the life of the Project. These include requirements of Executive Order B-29-15, mandating reductions in water use by 36% in the Coachella Valley. DWA has, in response to the Executive Order, adopted restrictions on water use that include limiting days on which land scaping can be irrigated; a prohibition on the use of fountains or water features; a prohibition on irrigation by any means other than drip or micro -spray systems. Should additional restrictions or regulations be implemented, the Project shall be required to comply with them also. Therefore, the Project would have a less -than-significant impact and no mitigation is required.

c. Less than Significant Impact. Wastewater generated from the Project site would be treated at the Palm Springs Wastewater Treatment Plant. Implementation of the Project would generate wastewater generation during project construction as well as operation. While construction related wastewater usage would be minimal and temporary, operation level wastewater usage could be accounted at a rate of 230 gallons per day per dwelling unit and 1,200 gallons per day per acre of commercial use. As the Project includes the development of 24 dwelling units and 0.05 acre of commercial space , the Project would generate approximately 5,580 gallons per day of wastewater. As the Palm Springs Wastewater Treatment Plant has a treatment capacity of 10 million gallons of wastewater per day, implementation of the Project would result in an approximately 0.0 6 percent of the total capacity of wastewater tre ated at the plant. This increase is considered minimal as the plant currently treats approximately 6 million gallons of wastewater per day and would not result in a significant impact.

The Project would tie into existing sanitary sewer lines located on North Palm Canyon Drive , and wastewater would be transported to Palm Springs Wastewater Treatment Plant. Palm Springs Wastewater Treatment Plant implements all applicable requirement of the Colorado River Basin Regional Water Quality Control Board, and no v iolations of wastewater treatment requirements are anticipated. Therefore, the Project would have a less -than-significant impact and no mitigation is required.

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d. Less than Significant Impact . Facility operators include PSDS, Burrtec, and Riverside County Waste Management, which are required to meet all local, regional, state, and federal standards for solid waste disposal. Solid waste generated at the Project site would be transported to the Edom Hill Transfer Station in northern Cathedral City and disposed at one of three regional landfills: 1) Lamb Canyon Landfill in Beaumont, which has a remaining capacity of 19.2 million cubic yards (2015), 2) Badlands Landfill in Moreno Valley, with a rem aining capacity of 15.7 million cubic yards (2015), and 3) El Sobrante Landfill in Corona, with a remaining capacity of 143.9 million cubic yards (2018). Each landfill has available capacity to serve additional development. Facility operators, including PS DS, Burrtec, and Riverside County Waste Management, are required to meet all local, regional, state, and federal standards for solid waste disposal. Based on the foregoing analysis, the landfills that serve the Project site have sufficient capacity to serve the Project and the impact would be less than significant and no mitigation is required.

e. Less than Significant Impact. The California Integrated Waste Management Act (AB 939), signed into law in 1989, established an integrated waste management system th at focused on source reduction, recycling, composting, and land disposal of waste. In addition, the bill established a 50 percent waste reduction requirement for cities and counties by the year 2000, along with a process to ensure environmentally safe disp osal of waste that could not be diverted. Per the requirements of the Integrated Waste Management Act, the Riverside County Board of Supervisors adopted the County of Riverside Countywide Integrated Waste Management Plan (CIWMP), which outlines the goals, policies, and programs the County and its cities implement to create an integrated and cost -effective waste management system that complies with the provisions of AB 939 and its diversion mandates. In order to assist the County of Riverside in achieving the mandated goals of the Integrated Waste Management Act, the Project’s building tenant(s) would be required to work with future refuse haulers to develop and implement feasible waste reduction programs, including source reduction, recycling, and composting. Additionally, in accordance with the California Solid Waste Reuse and Recycling Act of 1991 (Public Resources Code § 42911), the Project is required to provide adequate areas for collecting and loading recyclable materials where solid waste is collected. The collection areas are required to be shown on construction drawings and be in place before occupancy permits are issued. Additionally, in compliance with AB 341 (Mandatory Commercial Recycling Program), the future occupant(s) of the proposed Project wo uld be required to arrange for recycling services, if the occupant generates 4 or more cubic yards of solid waste per week. The implementation of these mandatory requirements would reduce the amount of solid waste generated by the Project and diverted to l andfills, which in turn will aid in the extension of the life of affected disposal sites. The Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant and no mitigation is required.

3.19.4 Mitigation
No mitigation is required.

3.19.5 Level of Significance after Mitigation
Not applicable.

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3.20 Wildfire

3.20.1 Sources
• California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in SRA, November 7, 2007.
• City of Palm Springs, General Plan, Safety Element, 2007

3.20.2 Environmental Setting
The Project site is situated on the northern area of Palm Springs. The Project site is located within an urbanized area of the City that is mostly developed . According to CalFire maps, the Project site is not located within a very high fire hazard severity zone or a fire hazard severity zone in a State Responsibility Area (SRA).

3.20.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?

c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?

d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?

a) – d) The Project site is not located in or near SRA or lands within a very high fire hazard severity zone; therefore, the Project would not exacerbate wildfire hazard risks or expose people or the environment to adverse environmental effects related to wildfires. As such, no impact would occur.

3.20.4 Mitigation
No mitigation is required.

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3.20.5 Level of Significance
Not Applicable.

3.21 Mandatory Findings of Significance

3.21.1 Sources
All sources previously listed were used to support the conclusions made in this section.

3.21.2 Environmental Setting
The environmental setting for the Project site is summarized within Sections 2.1 through 2.20 of the Initial Study for each environmental issue.

3.21.3 Impacts

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially 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,
substantially 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 effec ts 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 effects on
human beings, either directly or indirectly?

a. Less than Significant with Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre-historical resources were evaluated as part of this Initial Study. Throughout this Initial Study, where impacts were determined to be potentially significant, mitigation measures h ave been imposed to reduce those impacts to less than significant. Accordingly, with incorporation of the mitigation measures imposed throughout this Initial Item 2B - Page 212
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Study, the Project would not substantially 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, substantially reduce the number or restrict the range of a rare or endangered pla nt or animal, or eliminate important examples of the major periods of California history or prehistory. Impacts would be reduced to less -than-significant levels with mitigation incorporated.

b. Less than Significant with Mitigation Incorporated. The environmental evaluation of this Initial Study concluded that, with adherence to all mitigation measures the Project’s cumulatively -considerable impacts would be mitigated to less-than-significant levels.

c. Less than Significant with Mitigation Incorporated. The Project’s potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this Initial Study. All Project environmental impacts would be less than significant or less than significant with mitigation incorporated. The Project would therefore not result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly.

3.21.4 Mitigation
BIO-1 If unavoidable project construction activities must begin during the nesting bird season (February 1st through August 31st), a pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities . The nesting pre - construction bird survey shall be conducted by a biologist familiar with identification of avian species known to occur in Riverside County. The nesting bird survey shall be conducted on foot inside the project boundary, including a 300 -foot buffer for passerines (song birds) and 500 -foot buffer for raptors in areas of suitable habitat. Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a ra ptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW. All construction personnel be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting season. No ground disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledge d. Encroachment into the buffer shall occur only at the discretion of the qualified biologist.

BIO-2 The applicant s hall pay the CVMSHCP Local Development Mitigation Fee prior to building permit issuance.

CUL-1 If buried cultural materials are discovered during the earth -moving operations, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment pan in consultation with the City of Palm Springs and the appropriate Native American tribes.

3 ENVIRONMENTAL EVALUATION
RIOS Project 84 October 2022

to be of Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Li kely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains.

TBL-1 The following mitigation measure has been conditioned by the City of Pal m Springs regarding Tribal Cultural Resources:
• Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699 -6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordination scheduling o f Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

3.21.5 Level of Significance after Mitigation
With incorporation of the above ment ioned mitigation measures, all P roject-related impacts in regard to Mandatory Findings of Significance would be reduced to less than significant.

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Chapter 4 Report Preparers
Lead Agency
Noriko Kikuchi, Associate Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA. 92262
The Altum Group
Lauren Reese, Associate Environmental Planner
Heather Boland, Associate Environmental Planner
Anna Choudhuri, Environmental Manager
Subconsultants
Air Quality, Greenhouse Gas Emissions, Energy
Katie Wilson, MS – Ganddini Group, Inc.

Palm Springs City CouncilMarch 9, 2023

Palm Springs City Council
March 9, 2023