SECTION 2. The City Council hereby approves the unconditional guaranty of Desert Community Energy’s obligations to The Energy Authority, Inc. for purchases of electricity products under the Resource Management Agreement with TEA in an amount not to exceed $25,000,000 and agrees that the City of Palm Springs will be liable to TEA for the payment of all amounts due to TEA in connection with purchases of electricity products upon the occurrence of an event of default by DCE with respect to its obligations under the Resource Management Agreement with TEA.
SECTION 3. The City Manager is hereby authorized to finalize and execute the Guaranty, with the advice of the City Attorney, in substantially the form which is attached to this resolution.
SECTION 4. This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 14TH DAY OF DECEMBER, 2023.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1GG - Page 17
Resolution No. ______
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 14, 2023, 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 1GG - Page 18
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 24-25A AND 24-25B) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO SECTION 34169(G)(1) OF
CALIFORNIA HEALTH & SAFETY CODE
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
Attachments
Item 1HH
SUCCESSOR AGENCY STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 24-25A AND 24-25B) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:
Under the Redevelopment Dissolution Act, the Successor Agency is required to approve a Recognized Obligation Payment Schedule (ROPS) and submit it to the County AuditorController, the State Department of Finance (DOF), and the State Controller’s Office.
After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the County-wide Oversight Board (COB). This ROPS covers the period from July 1, 2024, through June 30, 2025, separated into two six-month periods.
The ROPS will subsequently be presented to COB and submitted to the Department of Finance and County Auditor-Controller prior to the deadline of February 1, 2024.
The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
Item 1HH - Page 1
Successor Agency Staff Report
December 14, 2023 -- Page 2
Recognized Obligation Payment Schedule 24-25
STAFF ANALYSIS:
The ROPS is the document used by the Department of Finance (DOF) to determine the amount of Redevelopment Property Tax Trust Fund (RPTTF) moneys the Successor Agency will be allowed to retain to meet approved obligation of the Successor Agency, as well as the amount of the Successor Agency's allowable administrative budget. ROPS 24-25 is segregated into the two six-month periods – July to December 2024 and January to June 2025.
After approval by the Successor Agency, the ROPS will be submitted to the County-wide Oversight Board (COB) for approval, and after their approval, to the Department of Finance. ROPS 24-25 must be approved by the COB and must be submitted to the DOF no later than February 1, 2024. The COB meets on January 18, 2024.
The COB requires that the City file a Notice of Exemption under CEQA relating to the ROPS, and direction to staff to do so after approval of the COB resolution is included in the resolution approving the ROPS 24-25.
ENVIRONMENTAL ASSESSMENT:
The requested Successor Agency action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the amendment is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts.
FISCAL IMPACT:
The total enforceable obligations for Fiscal Year 2024-25 is $85,711.44. The obligations are funded with a combination of RPTTF, funds unspent in the prior ROPS period, and bond reserves funded in the prior ROPS period as required by the bond indentures.
The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000. The Successor Agency estimated costs of personnel time allocable to the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency’s financial statements, as well as other administrative overhead items, are shown below:
Item 1HH - Page 2
Successor Agency Staff Report
December 14, 2023 -- Page 3
Recognized Obligation Payment Schedule 24-25
Budget
Staff Costs (salaries and benefits):
City Manager $ 217.67
Community & Economic Development Director 2,130.70
Finance Director 3,103.44
Assistant Finance Director 12,229.62
Accounting Manager 7,959.42
City Clerk 320.58 $ 25,961.44
City Attorney 1,250.00
Audit 12,000.00
State Controllers Report consultant fee to prepare report (SA portion) 2,500.00
Monthly checking account fees (allocated $1,000 per month) 12,000.00 Overhead (Liability Insurance, office supplies, overhead) 25,000.00 ROPS/PPA Preparation by Consultant 7,000.00
Total Administrative Budget $ 85,711.44
REVIEWED BY:
Department Director: Jay Virata
Finance Director: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution, including Recognized Obligation Payment Schedule for Fiscal Year 24-25 (Exhibit “A” to the Resolution), and Administrative Budget (Exhibit “B” to the Resolution)
Item 1HH - Page 3
ATTACHMENT A
Item 1HH - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY
APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS 24-25 A&B) AND AN ADMINISTRATIVE
EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2024,
THROUGH JUNE 30, 2025, PURSUANT TO THE
CALIFORNIA HEALTH & SAFETY CODE.
WHEREAS, the Successor Agency to the Palm Springs Community Redevelopment Agency (“Successor Agency”) is the successor to the Community Redevelopment Agency of the City of Palm Springs (“Former Redevelopment Agency”), a redevelopment agency in the City of Palm Springs, duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and WHEREAS, the “Dissolution Act,” comprised of Assembly Bill “ABX1 26” (Chapter 5, Statutes of 2011) and “ABX1 27” (Chapter 6, Statutes of 2011), and subsequent legislation including Assembly Bill “AB 1484” (Chapter 26, Statutes of 2012) and Senate Bill “SB 107” (Chapter 325, Statutes of 2015), made certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“H&SC”); and
WHEREAS, H&SC 34177(l) requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) listing the enforceable obligations of the Former Redevelopment Agency, including administrative expenses; and WHEREAS, pursuant to H&SC Section 34177(o)(1), beginning in 2016, each successor agency has been required to adopt a ROPS before each annual fiscal period establishing its enforceable obligations for that period, identifying sources to satisfy those obligations, and tracking its fund balances.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR
AGENCY OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.
SECTION 2. The Recognized Obligation Payment Schedule (ROPS 24-25) for the period of July 1, 2024, through June 30, 2025, attached to and incorporated into this Item 1HH - Page 5
Resolution No.
Resolution as Exhibit A, is hereby approved.
SECTION 3. The administrative budget of $87,711.44 for the period of July 1, 2024, through June 30, 2025, is hereby approved.
SECTION 4. The City Manager or designee is authorized to take all actions necessary to implement this Resolution or any direction from the County Oversight Board, including without limitation, the posting of this Resolution and the Recognized Obligation Payment Schedule on the Successor Agency’s website, provide notice of adoption of this Resolution and such Schedule to the County Auditor-Controller, the State Controller and the State Department of Finance or the filing of a notice of exemption from the California Environmental Quality Act.
SECTION 5. The Successor Agency's governing board represents and warrants that it examined all of the items on the ROPS 24-25 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the Former Redevelopment Agency by the Successor Agency.
SECTION 6. In retaining the responsibilities of the Former Redevelopment Agency as provided in H&SC Sections 34173 and 34176, the City Council expressly determines, reaffirms, and ratifies the statutory limitation on the City and the City Council’s liability in retaining the responsibilities of the Former Redevelopment Agency pursuant to the Dissolution Act. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City’s service as the Successor Agency to the Palm Springs Community Redevelopment Agency as provided in this Resolution.
SECTION 7. This Resolution shall take effect three days from adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, THIS 14th DAY OF DECEMBER, 2023.
SCOTT C. STILES, CITYMANAGER
ATTEST:
Item 1HH - Page 6
Resolution No.
BRENDA PREE, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, hereby certify that Resolution No. was adopted by the Palm Springs City Council at a regular meeting held on the 14th day of December, 2023, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BRENDA PREE, CITY CLERK
City of Palm Springs, California
Item 1HH - Page 7
Resolution No.
EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25
.
Item 1HH - Page 8
----
Resolution No.
EXHIBIT B
ADMINISTRATIVE EXPENSE BUDGET 24-25
The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000. The Successor Agency estimated costs of personnel time allocable to the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency’s financial statements, as well as other administrative overhead, are shown below:
Budget
Staff Costs (salaries and benefits):
City Manager $ 217.67
Community & Economic Development Director 2,130.70
Finance Director 3,103.44
Assistant Finance Director 12,229.62
Accounting Manager 7,959.42
City Clerk 320.58 $ 25,961.44
City Attorney 1,250.00
Audit 12,000.00
State Controllers Report consultant fee to prepare report (SA portion) 2,500.00 Monthly checking account fees (allocated $1,000 per month) 12,000.00 Overhead (Liability Insurance, office supplies, overhead) 25,000.00 ROPS/PPA Preparation by Consultant 7,000.00
Total Administrative Budget $ 85,711.44
Item 1HH - Page 9
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Palm Springs
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,274,637 $ - $ 1,274,637 B Bond Proceeds - - -
C Reserve Balance 1,269,769 - 1,269,769
D Other Funds 4,868 - 4,868
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 733,368 $ 1,913,772 $ 2,647,140 F RPTTF 647,657 1,913,772 2,561,429
G Administrative RPTTF 85,711 - 85,711
H Current Period Enforceable Obligations (A+E) $ 2,008,005 $ 1,913,772 $ 3,921,777 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item 1HH - Page 10
Palm Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K M N O P Q U W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS
24-25B
(Jan -
Jun)
24-25B
Total
Fund Sources
Fund
Sources
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
RPTTF
$29,007,808 $3,921,777 $1,269,769 $4,868 $647,657 $85,711 $2,008,005 $1,913,772 $1,913,772 3 2007 Taxable Tax
Allocation Bonds,
Series B
Bonds
Issued On or
Before 12/
31/10
09/18/
2007
09/01/2034 US Bank Merged Project 1 Merged 1 1,778,297 N $172,904 132,834 - - - $132,834 40,070 $40,070 7 Contract Services -
Financial
Fees 09/22/
2010
06/30/2025 Harrell &
Company
Advisors
Bonds Disclosure /Rating Merged
1/Merged
2 54,000 N $5,400 - - 1,500 - $1,500 3,900 $3,900
8 Contract Services -
Rebate Calculation
Fees 06/04/
2010
06/30/2025 Willdan
Financial
Services
Bonds Rebate Consulting Services Merged
1/Merged
2 19,000 N $- - - - - $- - $-
9 Bond Trustee Fees Fees 06/16/
2004
11/01/2034 US Bank Bonds Trustee Fees Merged
1/Merged
2 102,000 N $9,900 - 4,868 1,532 - $6,400 3,500 $3,500
33 Administrative Cost
Allowance
Admin Costs 07/01/
2016
06/30/2034 City of
Palm
Springs
Overhead Cost Allocation/Salaries Merged1/
Merged 2
1,020,000 N $85,711 - - - 85,711 $85,711 - $-
44 2007 Taxable Tax
Allocation Bonds,
Series B
Reserves 09/18/
2007
09/01/2034 US Bank Reserve for September 1 Debt Service Merged 1 140,070 N $140,070 - - - - $- 140,070 $140,070 62 2014 Subordinate
Tax Allocation
Bonds
Refunding
Bonds
Issued After
6/27/12
08/19/
2014
09/01/2034 US Bank Refinancing of 2001 and 2004 Bonds Merged1/ Merged 2
8,061,125 N $798,375 - - 642,625 - $642,625 155,750 $155,750 66 2014 Subordinate
Tax Allocation
Bonds
Reserves 08/19/
2014
09/01/2034 US Bank Reserve for September 1 Debt Service Merged1/ Merged 2
650,750 N $650,750 - - - - $- 650,750 $650,750
70 LRPMP Properties Property
Maintenance
07/01/
2016
06/30/2025 City of
Palm
Springs
Maintenance Costs on Agency Held
Property Pending Disposition
Merged1/
Merged 2
- Y $- - - - - $- - $-
71 LRPMP Properties Property
Dispositions
07/01/
2016
06/30/2025 Various
Vendors
Costs for Dispostion of Agency Held
Property - Appraisals, Fencing, Closing
Costs, Drafting Sale Agreement
Merged1/
Merged 2
4,000 N $4,000 - - 2,000 - $2,000 2,000 $2,000
73 2017 Tax Allocation Refunding 11/15/ 09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 1 12,168,775 N $965,575 767,225 - - - $767,225 198,350 $198,350 Item 1HH - Page 11
A B C D E F G H I J K M N O P Q U W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS
24-25B
(Jan -
Jun)
24-25B
Total
Fund Sources
Fund
Sources
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
RPTTF
Refunding Bonds,
Series A
Bonds
Issued After
6/27/12
2017
74 2017 Tax Allocation
Refunding Bonds,
Series A
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for September 1 Debt Service Merged 1 288,350 N $288,350 - - - - $- 288,350 $288,350 75 2017 Taxable Tax
Allocation
Refunding Bonds,
Series B
Refunding
Bonds
Issued After
6/27/12
11/15/
2017
09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 2 4,350,925 N $430,226 369,710 - - - $369,710 60,516 $60,516 76 2017 Taxable Tax
Allocation
Refunding Bonds,
Series B
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for September 1 Debt Service Merged 2 370,516 N $370,516 - - - - $- 370,516 $370,516 Item 1HH - Page 12
Palm Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
763 17,860 2,262,165 33,848 86,418
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
39 4,868 2,820,826
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
763 17 2,262,165 23,382 2,833,603 PPA expenditures as adjusted based on discussion with CAC
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
17,882 10,466 30,832
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 42,809 PPA as adjusted based on discussion with CAC
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $4,868 $- Col F - $4,868 applied 24-25A Item 9 Item 1HH - Page 13
Palm Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
3 7
8 9
33 44 Reserve for September 1, 2025 Debt Service
62 66 Reserve for September 1, 2025 Debt Service
70 71
73 74 Reserve for September 1, 2025 Debt Service
75 76 Reserve for September 1, 2025 Debt Service
Item 1HH - Page 14
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
APPROVE A CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR TEMPORARY OVERNIGHT SHELTER FROM DECEMBER 15, 2023 TO MARCH 15, 2024, AT 225 EL CIELO ROAD
RECOMMENDATION:
Approve the Contract Services Agreement with Martha’s Village and Kitchen to provide temporary overnight shelter at 225 El Cielo Road from December 15, 2023, to March 15, 2024.
1. Appropriate Funds from the Homeless Set-aside Account in the amount of $133,900 in Fiscal Year 2024.
2. Authorize the City Manager or Designee to execute all necessary documents, including making minor, non-substantive changes, needed to facilitate the implementation of the Contract Services Agreement.
3. Attachments
Item 1II
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVE A CONTRACT SERVICES AGREEMENT WITH MARTHA’S
VILLAGE AND KITCHEN FOR TEMPORARY OVERNIGHT SHELTER
FROM DECEMBER 15, 2023 TO MARCH 15, 2024, AT 225 EL CIELO ROAD
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:
Conditions faced by unsheltered individuals during the winter can be severe and resources for overnight shelter in the Coachella Valley are scarce. The City of Palm Springs has previously partnered with the County of Riverside and homeless service providers to provide temporary overnight shelters in the City during the times of extreme cold and hot weather. As we are now entering the winter months, staff is recommending approval of a Contract Services Agreement (Attachment A, Agreement) with Martha’s Village and Kitchen to provide temporary overnight shelter services at the Access Center. The timeframe for the proposed services is from December 15, 2023 to March 15, 2024. Hours of operation are proposed to be 4:30 PM to 7:30 AM, seven days a week. Martha’s Village and Kitchen currently utilizes the Access Center located at 225 South El Cielo for daytime drop-in services where the temporary overnight shelter services are being recommended. Therefore, they are uniquely positioned to provide the temporary overnight shelter services at the Access Center. The cost of the services is estimated to be $133,900.
RECOMMENDATION:
1. Approve the Contract Services Agreement with Martha’s Village and Kitchen to provide temporary overnight shelter at 225 El Cielo Road from December 15, 2023, to March 15, 2024.
2. Appropriate Funds from the Homeless Set-aside Account in the amount of $133,900 in Fiscal Year 2024.
3. Authorize the City Manager or Designee to execute all necessary documents, including making minor, non-substantive changes, needed to facilitate implementation of the Contract Services Agreement.
Item 1II - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Cold Weather Shelter
BUSINESS PRINCIPAL DISCLOSURE:
See Attachment B.
BACKGROUND:
The Access Center has served as an overnight cold and warm weather shelter during the summer and winter months for many years. During the winter of 2020, the Coachella Valley Association of Governments (CVAG) operated the overnight shelter at the Access Center (known as the Boxing Club at that time) in conjunction with the Coachella Valley Rescue Mission (CVRM). During the Summer of 2020, CVRM operated a warm weather overnight shelter at Palm Springs High School as more space was needed to adhere to social distancing requirements. Funding for these operations were shared by the County of Riverside and City of Palm Springs.
When the City entered the Daytime Drop-in Services Agreement with Martha’s Village and Kitchen to establish the Access Center in 2021, the Access Center was used for overnight cold weather shelter during the winters of 2021 and 2022. Funding for these operations was shared by the County of Riverside and City of Palm Springs.
During the Summer of 2022, Martha’s Village and Kitchen operated a warm weather overnight shelter at the First United Methodist Church, with funding coming from the County of Riverside. The County of Riverside also funded the warm weather overnight shelter operated by Martha’s Village and Kitchen at the Access Center during the Summer of 2023.
This past September the City Council approved a Contract Services Agreement with Martha’s Village and Kitchen to operate the Palm Springs Access Center located at 225 El Cielo Road, Early Entry Facility, and Navigation Center located at 3589 McCarthy Road (Navigation Center Agreement).
As called for in the Navigation Center Agreement, the Access Center currently serves as a Daytime Drop-in Center with associated activities for homeless individuals and those at risk of homelessness and offers referrals to community service providers through appointments made at the Access Center. If the proposed Agreement is approved, the Access Center would also provide temporary overnight shelter services from December 15, 2023, to March 15, 2024. The hours for the overnight shelter operations will be 4:30 PM to 7:30 AM each day (seven days a week).
It should be noted that the proposed Agreement is being recommended as a separate agreement from the Navigation Center Agreement as the Early Entry Facility is intended to be operational this time next year and can serve as a Cold Weather Shelter in the future. The Navigation Center Agreement is funded by the City of Palm Springs, County of Riverside, and several grants from the State of California. Unfortunately, the County of Riverside is not able to provide funding to assist with these services.
Item 1II - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Cold Weather Shelter
STAFF ANALYSIS:
Overnight shelter is a critical resource for homeless individuals during extreme weather events. Overnight shelter provides a safe and warm place to sleep, access to food and water, clothing, hygiene products, showers, toilets, and sinks, and basic medical care.
Coupled with services provided at the Access Center, individuals may also receive assistance with finding housing, securing health and social security benefits, vouchers for use of laundry facilities and bus passes, computers and phones, and assistance with family reunification.
Under the proposed Agreement, Martha’s Village and Kitchen would provide temporary overnight shelter services from December 15, 2023, to March 15, 2024. The hours for the overnight shelter operations will be 4:30 PM to 7:30 AM each day (seven days a week). The total estimated cost for the temporary overnight shelter is estimated to be $133,900. A breakdown of these costs is provided below:
Overnight Cold Weather Shelter Budget (12/15/23 – 3/15/24) Description Amount
Security Contract $40,500.00
Staff $11,000.00
Staff OT $18,000.00
Food $25,000.00
Laundry Supplies $3,000.00
Office Supplies $2,000.00
Cleaning Supplies $2,500.00
Small Furnishings $1,400.00
Transportation/Client $1,500.00
Hygiene Supplies $4,000.00
Travel / Staff $2,000.00
Client Supplies $5,000.00
Operating Supplies $6,000.00
Administration $12,000.00
$133,900.00
As noted above, this agreement is separate and apart from the Navigation Center Agreement which is a multiple year agreement. The proposed Agreement is only meant to provide services this winter. Next winter, the Early Entry Facility will be complete and will provide overnight shelter year-round for up to 50 people. The Early Entry Facility is expected to be complete by late February 2024.
Martha’s Village and Kitchen currently utilizes the Access Center located at 225 South El Cielo for Daytime drop-in services where the temporary overnight shelter services are Item 1II - Page 3
City Council Staff Report
December 14, 2023 -- Page 4
Cold Weather Shelter
being recommended. As such, they are uniquely situated to provide the overnight shelter services.
In 2001, Martha’s opened a 120-bed Housing First facility with 95 beds for homeless families and 25 beds for homeless single adults. They have grown over the years to become one of the primary homeless services providers in the Coachella Valley. As such, they will also be able to tap into their vast array of resources and relationships to assist homeless individuals in Palm Springs. This includes their residential facility with 120 beds (95 for homeless families with children; 25 beds for homeless single adult men and women); and case manager staff (individualized plans, client psychosocial, physical, educational, and vocational assessments, budgeting skills, counseling, living skills to help increase the clients’ success in exiting homelessness to safe and affordable permanent housing with entitlements and income). All Case Managers are trained in the Vulnerability Index Service Prioritization Decision Assistance Tool (VISPDAT) process, Riverside County Coordinated Entry System (CES), Rapid Rehousing process and Housing First principles.
Martha’s Village and Kitchen also provides dedicated on-site security services one and one-half hours prior to opening and one and one-half hours after closing. There is a 24- hour contact number available to the public to report any disturbances or issues related to the Access Center.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to enter an agreement for services on a Cityowned property and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
There are sufficient funds in the Fiscal Year 2024 Budget in the Homelessness Programs set-aside funds. The proposed action would obligate $133,900 of the Homelessness Program set-aside funds.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager Flinn Fagg
City Manager: Scott Stiles
Item 1II - Page 4
City Council Staff Report
December 14, 2023 -- Page 5
Cold Weather Shelter
ATTACHMENTS:
A. Contract Services Agreement
B. Business Principal Disclosure
Item 1II - Page 5
ATTACHMENT A
Item 1II - Page 6
1 CONTRACT SERVICES AGREEMENT
Martha’s Village and Kitchen
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 15, 2023, (“Contract Date”) by and between the City of Palm Springs, a California chartercity and municipal corporation (“City”), and Martha’s Village and Kitchen, a 501 (c) 3 nonprofitcorporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requiresthe services of a low barrier overnight relief for unsheltered homeless individuals (“Project”).
B. Contractor has submitted to City a proposal to provide low barrier overnight relief for unsheltered homeless individualsto City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees and expenses. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by companies providing overnight shelter services for individuals who are homeless or at risk of becoming homeless currently practicing in Riverside County. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such Item 1II - Page 7
2 licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. City shall assist Contractor in obtaining any such licenses, permits and approvals as may be required by the City.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently Work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the Services in accordance with the schedule of fees and expenses set forth in Exhibit “A” not otherwise covered by program income, revenue, grants, or fund-raising proceeds received by Contractor. The total amount of Compensation shall not exceed $133,900.
3.2 Method of Payment. Contractor shall submit to City an invoice for Services rendered in any given calendar month, in the form approved by City’s finance director by no later than the 17th day of the following month. Payments shall be based on the hourly rates set forth in Exhibit “A” for Services performed. City shall pay Contractor for all fees and expenses stated that are consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City and, other than to the extent required by law, agreed upon by the Contractor, the Parties shall execute a written amendment to thisAgreement,specifying all proposed amendments,including, but not limited to, any additional fees. An amendment may be entered:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s line of business.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. Contractor will not be required to render any Services for which funds have not yet been appropriated by the City Council of the City for such Services.
Item 1II - Page 8
3 4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer (as such term is defined in Section 5.2).
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s ability to perform and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site, including without limitation fire, flood, or full or partial destruction of or inability to access the buildings or property; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. Provides that upon cessation of such events, Contractor shall thereupon promptly resume performance of its obligations under the Agreement. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three months, with one, onemonth (1-month) option to extend, commencing on December 15, 2023, and ending on March 15, 2024, unless extended by mutual written agreement of the Parties. The Parties shall mutually approve in writing the exercise of an option by either Party.
4.5 Termination Prior to Expiration of Term.
A. If either Party has reason to believe the other Party has materially breached any provision of this Agreement, the Party asserting such a breach shall send the other Party a written description of the asserted breach (“Breach Description”). In addition, the Party asserting the breach may provide, at a time no earlier than the delivery of the Breach Description, written notice of its intent to terminate this Agreement, pursuant to this Section 4.5, thirty (30) days after said written notice is delivered to the other Party, unless (i) the breach is cured prior to the expiration of the thirty (30) day period; or (ii) the non-terminating Party provides written notice of filing a legal action against the other Party.
B. Either Party may terminate this Agreement without cause, upon one thirty (30) days written notice to the other Party.
Item 1II - Page 9
4 C. Contractor shall be entitledto compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following are designated as being the representatives of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Executive Staff and consultants of Martha’s Village and Kitchen. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing representatives is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing representatives shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to supervise the Services under this Agreement.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee (“Contract Officer”). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its representatives and employees, were a substantial inducement for City to enter into this Agreement. Should the Contractor intend to issue a memorandum of understanding with any other entity or individual or use a subcontractor to perform any Services required under this agreement, the Contractor will use its expertise and due diligence in making the selection. The Contractor will issue a letter of Intent to enter into an MOU or use a subcontractor to the City Contract Manager. Neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operationof law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any partof this Agreement by City, Contractor shall be responsible to City for the acts and omissions of it’s subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance of Services under this Agreement and Item 1II - Page 10
5 as requiredby law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemploymentinsurance, and workers’ compensation insurance. Contractor shall not have any authority to bindCity in any manner.
5.5 Personnel: Contractor agrees to utilize the staff as listed in the Scope of Services, Schedule of Fees and Expenses, to perform the services in this Agreement. Contractor shall not alter the staff assignments without prior written notice to the Contract Officer. Acting through the City Manager, the City may request the removal or replacement of any personnel assigned by Contractor by providing written notice to Contractor. The removal or replacement of any personnel assigned by Contractor is at the sole discretion of Contractor.
5.6 Background Check: All of Contractor’s employees, including volunteers and subcontractors’ employees who provide direct services to clients, will require a Live Scan fingerprint background check to be arranged for by Contractor at Contractor’s sole expense.
Contractor shall maintain all Live Scan records in a secure and confidential site at all times, and verification of status shall be included in reports provided to City and made available to the City immediately upon request as permitted by law.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shalldefend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law orordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions,or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Contractor’s indemnification obligation or other liability under this Agreement shall be limited to the lesser of (i) Contractor’s liability insurance limits as specified in Exhibit B or (ii) the amount(s) actually recovered by Contractor from insurers with respect to the Claims. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Limitation of Liability. No Liability for Consequential or Indirect Damages.
Item 1II - Page 11
6 Except as otherwise explicitly provided for in this Agreement, in no event shall either Party be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenue, or diminution in value, arising out of or relating to any breach of this Agreement (collectively, “Damages”), regardless of i) whether such Damages were foreseeable; ii) whether or not the other Party was advised of the possibility of such Damages; and iii) the legal or equitable theory (contract, tort, or otherwise), upon which the claim is based, and notwithstanding the failure of the essential purpose of any agreed or other remedy.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, orsuch other reports reasonably compliable by Contractor as the Contract Officer shall require. All such reports shall be submitted by Contractor by the 17th of the following month with Contractor’s billing invoice.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times at Contractor’s offices, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City, except for and excluding such documents containing the trade secrets, proprietary, or confidential information of Contractor. Contractor shall deliver all abovereferenced documents, except excluded documents, to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access at Contractor’s office(s) to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement.
Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
Item 1II - Page 12
7 8.6 Budget. Prior to commencement of the Agreement, Contractor shall prepare and submit to the Contract Officer a budget, including program income, revenue, grants, fund-raising goals, and expenses for the upcoming fiscal year.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
Item 1II - Page 13
8 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has orshall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way Palm
Springs, California 92262
To Contractor: Martha’s Village & Kitchen, Inc.,
Attention: Chief Executive Officer
83791 Date Ave
Indio, CA 92201-4737
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
Item 1II - Page 14
9 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1II - Page 15
10 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND
MARTHA’S VILLAGE AND KITCHEN
below.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated “CITY”
City of Palm Springs
Date: By:
Scott C. Stiles
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Jeffrey S. Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
MARTHA’S VILLAGE AND KITCHEN, INC.
A California Non-Profit Corporation
83791 Date Ave.
Indio, CA 92201-4737
By By
Signature (Notarized) Signature (Notarized)
Item 1II - Page 16
11 Item 1II - Page 17
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CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees and Expenses
And
Schedule of Performance
Item 1II - Page 18
13 CONTRACTOR’S
SCOPE OF SERVICES/WORK
Scope of Services for 225 El Cielo Drive, Palm Springs
Temporary Overnight Shelter
Contractor is entering into an agreement with the City of Palm Springs to assist unsheltered homelessness in Palm Springs at the former Boxing Club at 225 El Cielo Drive. Specifically, the facility will serve as a Temporary Overnight Shelter for homeless individuals as described below:
1. Contractor will provide low barrier overnight relief for unsheltered homeless individuals. Food Service may be provided to clients receiving Additional Services.
2. The services will be provided from December 15, 2023, to March 15, 2024.
3. The hours for the services will be 4:30 PM to 7:30 AM nightly.
4. A maximum of 20 individuals per night can be provided the services.
5. Five (5) shelter beds are to be reserved for referrals from the Palm Springs Police Department.
Item 1II - Page 19
14 Schedule of Fees and Expenses
Description Amount
Security Contract $40,500.00
Staff $11,000.00
Staff OT $18,000.00
Food $25,000.00
Laundry Supplies $3,000.00
Office Supplies $2,000.00
Cleaning Supplies $2,500.00
Small Furnishings $1,400.00
Transportation/Client $1,500.00
Hygiene Supplies $4,000.00
Travel / Staff $2,000.00
Client Supplies $5,000.00
Operating Supplies $6,000.00
Administration $12,000.00
$133,900.00
Item 1II - Page 20
15 Schedule of Performance
Services will commence on December 15, 2023, and continue until March 15, 2024. The Parties shall mutually approve in writing the exercise of an option by either Party.
Item 1II - Page 21
16 EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1II - Page 22
17 INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
required
is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1II - Page 23
18 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Item 1II - Page 24
19 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1II - Page 25
ATTACHMENT B
Item 1II - Page 26
Item 1II - Page 27
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
C-A
3. Local or California Address (if di
4. State where Entity is Registered with Secretary of State )..J.. 0 (
If other than California, is the Entit also re istered in California?
5. Type of Entity
~ orporation D Limited Liability Company D Partnership D Trust D Other (please specify) No
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 -~S_C!._rl-i_/{~o~f~{_.ew~b~.12. _d(~------- ~ fficer D Director D Member D Manager [name]
D General Partner D Limited Partner
D Other ____________ _
~~~~~~~'v-__,__£,v_ d_v_'l:_CLJ _________ ~ fficer D Director D Member D Manager [name]
D General Partner D Limited Partner
D Other _____________ _
-~J~o_v1_ei~T~h ..... a~11.~ .... e.-.....~ .......... e---,t1,__ ______ • Officer ~ rector • Member • Manager [name] ./
(Revised 09 13 18)
D General Partner D Limited Partner
D Other _____________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1II - Page 28
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
N/lk
[name of owner/investor] [percentage of beneficial interest in entity
and name of entityl
B.
fJ I A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C. JJ/ A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D. N/A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
tJ/Jr
[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.
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1II - Page 29
MARTHA'S VILLAGE AND KITCHEN, INC.
BOARD OF DIRECTORS AND KEY EMPLOYEE LIST
AS OF APRIL 12, 2023
NAME
Henry Burdick
Jon at ha n Espy
Brian Amidei
Mike Bell
Howard Lincoln
Duane Jacobs
Scott Sweeney
Jonas Udcoff
Blaine Amidei
Thomas Park
Kate Fauntleroy
NAME
Sam Hollenbeck
Rosa Verduzco
Debra Pollock
Vanessa Walker
BOARD/ORGANIZATION TITLE
Co-Chairman
Co-Chairman
Vice-Chairman
Treasurer
Secretary
Director
Director
Director
Director
Director
Director
KEY EMPLOYEES
President/ CEO
Executive Vice President
Vice President of Development and Communications
Vice President of Finance
CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:
ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON A 4.24-ACRE TRIBAL
TRUST PARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020), ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN (CASE CR-2023-0002) RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND
AT THE SOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS;
AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2023-0002).”
Attachments
Item 1JJ
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON
A 4.24-ACRE TRIBAL TRUST PARCEL LOCATED AT THE SOUTHWEST
CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE
(APN: 508-070-020), ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN (CASE CR-2023-0002)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
Under the Tribal/City Land Use Review Agreement (“Agreement”), the City is to prepare an Administrative Analysis and Conformity Report for proposed projects on reservation lands owned by the Agua Caliente Band of Cahuilla Indians (“Tribe”). A proposal has been submitted to construct 61 residential townhomes (“Latitude 61”) on an undeveloped parcel owned by the Tribe. The project site is located at the southwest corner of East Amado Road and North Hermosa Drive (APN: 508-070-020). The parcel consists of Government Lots 154 and 156, and the project is proposed on Lot 154 only.
The proposed project will consist of seventeen three-story buildings, each of which is designed with three (3) or four (4) attached townhome units. The residential units will range from 1,770 to 2,120 square feet in size. A tentative tract map (Tentative Tract Map 38776) has been prepared as a part of the project for the 61 residential units, internal streets, public right-of-way, and common outdoor space.
The proposed project partially conforms to the applicable development standards of the Section 14 Specific Plan and the General Plan. The Specific Plan and the Planned Development District (PDD) process provide a mechanism which allows deviations from such standards. Additionally, the Tribe reserves the final decision on this project and is not required to strictly adhere to all of the City’s development standards. In addition to the suggested conditions of approval, staff recommends that the Tribe consider the following modifications to the development proposal:
1. Removal of the two (2) controlled access gates on North Hermosa Drive in accordance with the 2007 Palm Springs General Plan Community Design Element Policy CD 14.6 (page 9-34).
Item 1JJ - Page 1
2. Relocate the Little Leaf Ash trees indicated on the development plans closer to the streets so that they can function as shade trees for the adjacent sidewalks.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND AT
THE SOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND
WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2023-0002).”
LAND USE COORDINATION AGREEMENT:
The City and the Tribe entered into an Agreement on December 15, 1998 to facilitate an expedited process for the City to review and comment on development projects located on land owned directly by the Tribe. The Agreement identifies a schedule for project review. In accordance with the Agreement, the following schedule has been prepared for this project:
Item Timeline Required Proposed Timeline
1. Pre-Submittal N/A October 10, 2023
2. Submittal of Project
Report
90 days prior to Tribal
approval
November 2, 2023
3. Administrative Review CC review 30 days after
submittal of Project Report
December 14, 20231
4. Conformity Report CC adopts within 30 days
of receiving Administrative
Review
December 14, 20231
5. Joint Meeting2 City and Tribal Councils
within 30 days of adopting
Conformity Report
January 13, 2024
(Requested by the Tribe
and staff to be waived)
6. Final Tribal Action 90 days after submittal of
Project Report
No sooner than January
31, 2024
1The Administrative Review and adoption of the Conformity Report by the City Council may be consolidated into a single review per Section 7 of the Agreement. 2Joint meeting of the Tribal Council and City Council may be waived with the approval of both parties.
Section 7 of the Agreement states that “...with the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time and the normal process Item 1JJ - Page 2
cannot be accommodated.” As noted in the following sections of this report, the proposed project is generally consistent with the General Plan and Section 14 Specific Plan, and therefore staff would propose that a joint meeting of the City Council and Tribal Council is unnecessary.
PROPOSED PROJECT:
The project proposes the development of 61 residential townhomes on a 4.24-acre undeveloped parcel located at the southwest corner of East Amado Road and North Hermosa Drive. The parcel consists of Government Lots 154 and 156. The project is proposed on Lot 154 only, which abuts North Hermosa Drive. The residential project will include the following development features:
• Seventeen three-story buildings, each of which consists of three (3) or four (4) residential units
• Townhomes ranging from 1,770 to 2,120 square feet in size • Three (3) floor plan types consisting of two (2) and three (3) bedrooms • Attached two (2)-car garage for each residential unit • Thirty-three guest parking spaces
• Controlled/gated primary and secondary (emergency) access on North Hermosa Drive
• Internal streets
• Enclosed yards with small “spools” for individual units • Community pool/spa and BBQ area
The Project Report states (Attachment D, page 6) that the proposed project will be subject to the standard development impact fees which are typically imposed by the City of Palm Springs. These fees include sewer and drainage fees, public art fees, park (Quimby Act) fees, regional traffic impact (in-lieu of TUMF fees), and school fees.
Additionally, a Community Facilities District (CFD) will be established for the proposed project, or the project site will be annexed into an existing CFD. Within a CFD, a special tax will fund public safety services serving the project, such as police and fire services.
ANALYSIS – ADMINISTRATIVE REVIEW:
The intent of the Administrative Review is to evaluate the adequacy of the public safety services, which include but are not limited to, police, fire, and any other City services that are necessary for the project. Additionally, the purview of the review includes public welfare (e.g., health, safety), compatibility of the project with the surrounding properties, and the fiscal impact of the project. The Project Report has been circulated to the Fire Department and the Department of Engineering Services. In response, the departments provided the following comments:
Item 1JJ - Page 3
• Streets & Utilities: Sanitary sewer facilities are available in the vicinity to service the proposed project. East Amado Road is a secondary throughfare, and North Hermosa Drive is a collector street. Both streets have adequate capacity to support the proposed development. The travel lanes on East Amado Road and North Hermosa Drive are paved; however, gutters and sidewalks have not been installed in the areas immediately adjacent to the project site. Recommended conditions of approval have been prepared to address technical compliance relative to both onsite and offsite improvements (Attachment B).
• Public Safety: As stated on page 6 of the Project Report (Attachment D), either a CFD (Community Facilities District) will be formed or the project site will be annexed to an existing CFD to fund police and fire services for the project. • Building Permit/Impact Fees: While Tribal projects are typically exempt from the payment of impact fees, the Project Report notes that the project will be conditioned to pay the standard development impact fees that are typically imposed by the City of Palm Springs.
• Taxes and Revenue: It is estimated that the project will generate approximately $154,400 to $162,900 annually in new property taxes to the City after all units have been sold. In addition, it is estimated that the residents of the project will generate approximately $31,000 in new sales tax to the City on an annual basis. Should Measure J expire in 2037, this amount would decline to approximately $19,200 annually.
Considering the fact that the project is conditioned to pay the customary City impact fees and a CFD will be formed for the project (or the project will be annexed to an existing CFD alternatively), the project will not have a significant financial impact on the provision of City services. Development of the project will result in a modest increase to the tax base, while assisting the City in meeting its housing goals.
ANALYSIS – CONFORMITY REPORT:
Per the Agreement, the Conformity Report shall detail the conformance of the project to existing City rules and regulations, and the compatibility of the project with surrounding properties. The following tables and discussion provide an analysis of the project relative to the requirements of the Section 14 Specific Plan and the Palm Springs Zoning Code (PSZC).
Site Area
Net Acres 4.24 Acres
Item 1JJ - Page 4
I
Surrounding
Property
Existing Land Use
Per PSZC Chapter
92.00 Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Undeveloped TRC (Tourist Resort
Commercial)
RA (Resort
Attraction)
North Multi-Family
Residential
HDR (High Density
Residential)
HR (Residential –
High)
South Multi-Family
Residential
TRC (Tourist Resort
Commercial)
REO (Retail/
Entertainment/
Office)
East Multi-Family
Residential
HDR (High Density
Residential)
HR (Residential –
High)
West
Undeveloped*/
Convention Center
Parking Lot
TRC (Tourist Resort
Commercial)
RA (Resort
Attraction)*/CU
(Civic Uses District
Zone)
*Government Lot 156
Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
East Amado Road Y N N
North Hermosa Drive Y N N
Pursuant to the Chapter 6 of the Section 14 Specific Plan and PSZC Section 92.05.03, the following development standards apply:
Standard Required/
Allowed
Provided Compliance
Min. Lot Size 2 Acres (Gross) 4.24 Acres (Net) Y
Min. Lot Width 130 Feet Approx. 299.4 Feet Y
Min. Lot Depth 155 Feet Approx. 617.4 Feet Y
Min. Setbacks
• Front (North/Amado)
• Side (East/Hermosa)
• Side (West)
• Rear (South)
30 Feet
30 Feet
20 Feet
20 Feet
20 Feet
17 Feet
10 Feet
10 Feet
Via PDD*
Via PDD*
Via PDD*
Via PDD*
Min. Open Space 45% 33% Via PDD*
Max. Building Height 35 Feet 33.8 Feet Y
Building Separation
Distance
15 Feet Varies, with the
proposed shortest
distance of 10 Feet
Via PDD*
Perimeter Wall Height Max. 6 Feet 1.5 ~ 6 Feet** Via PDD* Private Yard Wall Height Max. 6 Feet 6 Feet** Via PDD*
Item 1JJ - Page 5
*
Permanent residential uses are permitted in the TRC land use designation area via Planned Development District (PDD) approval. Per PSZC Section 94.03.00(A)(3), flexibility in certain development standards may be allowed via PDD approval.
**Nonconforming to the 15-foot-minimum setback requirement and 60%-max lineal length requirement along the property lines along East Amado Road and North Hermosa Drive.
Pursuant to Section 14 Specific Plan Residential Development Standards (Section 14 Specific Plan, page 6-9) and PSZC Section 92.05.03(C)(2), the General Plan density requirements for the TRC (Tourist Resort Commercial) General Plan land use designation area would apply to the project:
Permitted Density Site Area Units Allowed Units Proposed Compliance Max. 30 Units Per
Acre
4.24 Acres 127.2 ≈ 127
Units
61 Units Y
Pursuant to the Section 14 Specific Plan and PSZC Section 93.06.00, the following parking standards apply:
Parking Requirement
Use SF or #
of Units
Parking
Ratio
Required Provided
Comp. Reg. Handicap Reg. Handicap
Parking for
Residents
61 Units 1.5 per Unit
(2 BDR – 19
Units)
28.5 38
0.75 per BDR
(3 BDR – 42
Units)
94.5 84
Guest
Parking
61 Units 1 per each 4
Units
15.25 33
TOTAL SPACES REQUIRED 138.25
≈ 138*
155 Y
*Per PSZC Section 93.06.00(4), any fractional space less than one-half (½) of a parking space is not counted in computing required off-street parking spaces.
Item 1JJ - Page 6
Pursuant to Chapter 5 of the Section 14 Specific Plan, the following streetscape requirements shall apply:
Streetscape Requirements
Street Requirement Compliance
East Amado Road • Install a Class II bike lane.
•Plant additional trees, 30’ on
center, where feasible.
• Maintain a 9’ wide parkway (4’
landscaped and 5’ sidewalk)
adjacent to the street;
meandering sidewalks
allowed adjacent to residential
development.
Partial. The project proposes
the installation of California Fan
Palm along the sidewalk.
Although a row of Little Leaf
Ash is proposed against the
private walls on the street
frontage, the tree canopies do
not reach the sidewalk for them
to function as shade trees. The
project proposes a 10-foot-wide
sidewalk and a 10-foot
landscape buffer. The form of
the sidewalk is straight and not
meandering. The submitted
plans do not include bike lane
information.
North Hermosa
Drive
•Add street trees and
landscape buffers where
feasible.
•Add pedestrian-scale lighting.
• Install a Class III bicycle
boulevard along the full length
of Hermosa Drive.
•Provide improved pedestrian
and cyclist crossing
opportunities at Amado Road
and Tahquitz Canyon Way, if
and when these intersections
become signalized.
Partial. The project proposes
the installation of California Fan
Palm along the sidewalk.
Installation of Desert Museum
Palo Verde is proposed in
selected areas. Although a row
of Little Leaf Ash is proposed
against the private walls on the
street frontage, the tree
canopies do not reach the
sidewalk for them to function as
shade trees. The submitted
plans do not include exterior
lighting and/or bike lane
information.
DEVELOPMENT STANDARDS – GENERAL:
The General Plan and Specific Plan land use designations of the project site are TRC (Tourist Resort Commercial) and RA (Resort Attraction), respectively. The RA land use designation area is intended for “…large-scale resort hotel complexes, hotels, and major commercial recreation attractions integrated with retail and entertainment facilities.” In the RA land use designation area, multi-family residential uses are allowed subject to a Item 1JJ - Page 7
Conditional Use Permit (CUP). Additionally, permanent residential use may be permitted in the TRC land use designation area via Planned Development District (PDD) approval.
Through PDD review and approval process, deviations to certain development standards may be allowed where contextually appropriate.
Per the Section 14 Specific Plan Chapter 6 page 6-4, multi-family residential developments within the RA land use designation area are subject to the regulations and standards of the HR (High Density Residential) land use designation as stated on page 6-9 of the Specific Plan. Table 6-3 (Residential Development Standards) further provides that the high-density residential developments are subject to the development standards of the R-4 (Large-Scale Hotel and Multiple-Family Residential) Zone (PSZC Section
92.05.03). The proposed yard setbacks, open space area, building separation distance, and wall height are not consistent with the requirements of PSZC Section 92.05.03 as proposed; however, deviations from the applicable development standards may be approved via a PDD review and approval process, if the proposed project were to be reviewed in accordance with the procedures set in the City zoning code. Furthermore, the Tribe is not bound by the development standards of the General Plan and Specific Plan, though the Specific Plan serves as a guiding framework for developments proposed on Tribal Trust lands.
Controlled Access:
The project proposes two (2) access points for primary and secondary/emergency vehicular access on North Hermosa Drive. Per 2007 Palm Springs General Plan Community Design Element Policy CD 14.6 (Palm Springs 2007 General Plan, page 9- 34), gated community entries are prohibited. Instead of gates, the General Plan encourages the implementation of design features such as meandering streets, landscaping, and special consideration for site layout to provide privacy and exclusivity.
Staff recommends that the proposed vehicular gates be omitted from the site plan.
Common Open Space:
The Specific Plan requires an open space at the ground level which is ample in size and easily accessible to the residents. Although the proposed open space is less than the minimum required by the Specific Plan, the development is designed with private yards for individual units and a community open space which includes a pool/spa, recreational building designed with a covered patio, and a BBQ. In normal process, the proposed open space could be approved via PDD.
Streetscape/Landscape:
The project proposes landscape buffers on the East Amado Road and North Hermosa Drive frontages. The proposed landscape design includes a row of California Fan Palms, the installation of Desert Museum Palo Verde to accentuate selected areas, and the installation of Little Leaf Ash against the private walls. While Little Leaf Ash may function as shade trees, the tree canopies may not reach the sidewalk due to their installation locations. Staff recommends that the proposed Little Leaf Ash trees be relocated closer to the streets so that they can function as shade trees for the sidewalks.
Item 1JJ - Page 8
Architectural Features:
The Section 14 Specific Plan (Table 6-3 Residential Development Standards, page 6-9) requires the incorporation of design detail and elements which provide visual character and interest and avoid flat planer walls and box-like appearances. The project proposes the use of multiple construction materials to add details and textures to the exterior of the development. The exterior elevations are articulated to add rhythm and avoid a monotonous appearance. The project retains a rectangular form throughout for visual constancy and a modern appearance. The grids on the garage doors add a sense of scale. Therefore, the project meets the architectural standards.
ENVIRONMENTAL ASSESSMENT:
A draft Environmental Assessment has been prepared by the Tribe for the project in accordance with the Tribal Environmental Policy Act (TEPA). The assessment analyzes the impacts of the project related to land and water resources, air quality, living resources, cultural resources, socioeconomic conditions, resource use pattern (e.g., land use, transportation, recreation), and other values (e.g., noise, public safety, and climate change). As a result, mitigation measures to address potential environmental impacts were recommended.
SUGGESTED CONDITIONS OF APPROVAL:
The City has developed a set of suggested conditions of approval for consideration by the Tribe in its review of the proposed project. These conditions are attached and made a part of this Conformity Report; they include recommendations for compliance with various City and State ordinances and regulations. These conditions are advisory and are not binding on the Tribe.
The proposed project partially conforms to the applicable development standards of the Section 14 Specific Plan and the General Plan. The Specific Plan and Planned Development District (PDD) process provide a mechanism which allows deviations from such standards. Additionally, the Tribe reserves the final decision on this project and is not required to strictly adhere to all of the City’s development standards. In addition to the suggested conditions of approval, staff recommends that the Tribe consider the following modifications to the development proposal:
1. Removal of the two (2) controlled access gates on North Hermosa Drive in accordance with the 2007 Palm Springs General Plan Community Design Element Policy CD 14.6 (page 9-34).
2. Relocate the Little Leaf Ash trees indicated on the development plans closer to the streets so that they can function as shade trees for the adjacent sidewalks.
FISCAL IMPACT:
As stated on page 4, it is estimated that the project will generate approximately $154,400 Item 1JJ - Page 9
to $162,900 annually in new property taxes to the City after all units have been sold. In addition, it is estimated that the residents of the project will generate approximately $31,000 in new sales tax to the City on an annual basis. Should Measure J expire in 2037, this amount would decline to approximately $19,200 annually.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution and Recommended Conditions of Approval C. Tribal/City Land Use Coordination Agreements
D. Latitude 61 Project Report
Item 1JJ - Page 10
ATTACHMENT A
Item 1JJ - Page 11
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case CR-2023-0002
SWC of East Amado Road and North Hermosa Drive (APN: 508-070-020) Item 1JJ - Page 12
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ATTACHMENT B
Item 1JJ - Page 13
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
CONFORMITY REPORT FOR A 61-UNIT RESIDENTIAL
TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND
AT THE SOUTHWEST CORNER OF EAST AMADO ROAD
AND NORTH HERMOSA DRIVE (APN: 508-070-020);
DIRECTING STAFF TO TRANSMIT THE REPORT TO THE
TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING
BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL
(CASE CR-2023-0002).
WHEREAS, On December 15, 1998, the City Council of the City of Palm Springs (“City”) and the Tribal Council of the Agua Caliente Band of Cahuilla Indians (“Tribe”) entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe’s final approval and authority over projects on Tribal Trust Land.
WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement (“Agreement”).
WHEREAS, On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract (“Contract”), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands.
WHEREAS, On November 2, 2023, the Tribe submitted a Project Report and draft Environmental Assessment to the City for “Latitude 61,” a 61-unit residential townhome development (“Project”) on an undeveloped 4.24-acre site at the southwest corner of East Amado Road and North Hermosa Drive (APN: 508-070-020, Government Lot 154).
WHEREAS, the Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement.
WHEREAS, on December 14, 2023, the City Council conducted a public meeting and considered the matter, including the Project Report, the draft Environmental Assessment, the Administrative Review, the Conformity Report, related exhibits and studies, and public testimony.
WHEREAS, the City Council has concluded that the proposed Project is generally consistent with the goals and objectives of the Section 14 Specific Plan, as proposed for amendment, and the City of Palm Springs General Plan, such that it is “...not deemed Item 1JJ - Page 14
significant. . .” and also “is found to be conforming” under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement.”
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Conformity Report, dated November 2, 2023, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe.
SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2023-0002), as outlined in the Agreement, is hereby waived:
Section 5. Joint Meeting.
“Within thirty (30) days (of the City Council’s adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.” ADOPTED THIS 14TH DAY OF DECEMBER, 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
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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, hereby 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, MMC
CITY CLERK
Item 1JJ - Page 16
RESOLUTION NO._______
EXHIBIT A
Case CR-2023-0002
Southwest Corner of East Amado Road and North Hermosa Drive APN: 508-070-020, Government Lot 154
December 14, 2023
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Director of Planning Services, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition.
PLANNING DIVISION CONDITIONS
PLN 1. Outdoor Lighting Conformance. It is recommended that exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized.
PLN 2. Water Efficient Landscaping Conformance. It is recommended that the project conform 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 Services 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.
PLN 3. 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 as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Item 1JJ - Page 17
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.
PLN 4. 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. 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 and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).
PLN 5. Impact Fees. The developer shall pay to the City or designated entity (e.g.
Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (TUMF).
PLN 6. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.
ENGINEERING DIVISION CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.
STREETS
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ENG 1. It is recommended that 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. It is recommended that Master planned roadways shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City.
ENG 3. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant’s Engineer of Record.
ENG 4. It is recommended that applicant 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.
ENG 5. It is recommended that all Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.
AMADO ROAD
ENG 6. It is recommended the applicant Construct 6 inch curb and gutter, 32 feet south of centerline along the entire frontage (and match existing improvements along the frontage of APN 508-070-038) with a 35 feet radius curb return, spandrel and cross gutter at southwest corner of Amado Road and Hermosa Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 7. It is recommended the applicant Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Amado Road and Hermosa Drive and in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 8. It is recommended the applicant Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.
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ENG 9. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (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 10. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.
ENG 11. It is recommended the applicant In accordance with the Section 14 Specific Plan, the applicant shall plant shade trees in a formal pattern along the Hermosa Drive. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the Hermosa Drive frontage. The specific landscaping improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained.
ENG 12. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced.
HERMOSA DRIVE
ENG 13. It is recommended the applicant dedicate a corner cut back at the southwest corner of Hermosa Drive and Amado Road in accordance with City of Palm Springs Standard Drawing No. 105.
ENG 14. It is recommended the applicant Construct 6 inch curb and gutter, 20 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 15. It is recommended the applicant Construct a 55 feet wide main entrance (at the southerly location) in accordance with City of Palm Springs Standard Drawing No. 205.
ENG 16. It is recommended the applicant Construct a 24 feet wide driveway approach (at the northerly location) in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 17. It is recommended the applicant Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.
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ENG 18. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (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 19. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.
ENG 20. It is recommended the applicant In accordance with the Section 14 Specific Plan, the applicant shall plant shade trees in a formal pattern along the Hermosa Drive. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the Hermosa Drive frontage. The specific landscaping improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained.
ENG 21. It is recommended the applicant design and install an electrical system for installation of decorative light fixtures consistent with the existing decorative lighting system along Hermosa Drive. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer.
ENG 22. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced.
ON-SITE
ENG 23. It is recommended the minimum pavement section for all on-site pavement for private streets shall be 3 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 24. It is recommended on-site private streets shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the onItem 1JJ - Page 21 site streets to the on-site drainage system, in accordance with applicable City standards.
SANITARY SEWER
ENG 25. It is recommended 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.
ENG 26. It is recommended the on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Services Department for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as “Private Sewer”. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division.
ENG 27. It is recommended the applicant Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. All on-site sewer systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site sewer systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.
ENG 28. It is recommended the The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of permits.
GRADING
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ENG 30. It is recommended the applicant 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 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 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.
ENG 31. It is recommended 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 [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.
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ENG 32. It is recommended the applicant 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 33. It is recommended the 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.
ENG 34. It is recommended 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.
ENG 35. It is recommended 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.
ENG 36. It is recommended this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP) Meeting EPA standards (state requirements not required). 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 PostConstruction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.
ENG 37. It is recommended the applicant 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.
ENG 38. It is recommended the applicant submit 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 Item 1JJ - Page 24
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 39. It is recommended 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 40. It is recommended the applicant 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].
WATER QUALITY MANAGEMENT PLAN
ENG 41. It is recommended that 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 nonstormwater 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).
ENG 42. It is recommended that 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.
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DRAINAGE
ENG 43. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required.
ENG 44. It is recommended that 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 nonstormwater 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.
ENG 45. It is recommended the applicant submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.
ENG 46. It is recommended that all on-site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.
GENERAL
ENG 47. It is recommended that any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water Item 1JJ - Page 26
District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.
ENG 48. It is recommended that all proposed utility lines shall be installed underground.
ENG 49. It is recommended that 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.
ENG 50. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 51. It is recommended the developer shall apply for an annexation to the City of Palm Springs Community Facilities District (2007-1) 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 52. It is recommended 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.
ENG 53. It is recommended that upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on Item 1JJ - Page 27
the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
ENG 54. It is recommended 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.
ENG 55. It is recommended that all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer.
ENG 56. It is recommended that striping for a 5 feet wide bike lane along the Amado Road frontage per the Section 14 Master Plan as required by the City Engineer.
ENG 57. It is recommended that stop signs, stop bars, and “STOP” legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer.
ENG 58. It is recommended that 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.
FIRE DEPARTMENT CONDITIONS
The Fire 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.
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire Item 1JJ - Page 28
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 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers.
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.
Plans shall be submitted online on Energov
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.
Item 1JJ - Page 29
FID 7. 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 8. 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 9. 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 10. 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 11. Private Fire Hydrants: Additional private hydrants may be required.
FID 12. 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 nonautomated 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.Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling & guest house to sound and activate the exterior horn/strobe.
FID 14. NFPA 13D 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 13D, 2016 Editions, as modified by local ordinance.
END OF CONDITIONS
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ATTACHMENT C
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Z Attachment 4
APPENDIX 4
AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT #1324A R19450, 1-6-99
THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS (“Agreement”) is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal. Council (the “Tribe”), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the City). This Agreement is made with reference to the following:
RECITALS:
A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State law. The trust land of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent with principles of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the “Land Use Agreement”), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust Z Attachment 4:1 Supp 0, Xxx 20xx
Item 1JJ - Page 32
PALM SPRINGS CODE
by the United States for the tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and F. WHEREAS, the Tribe has generally supported development consistent with the City’s General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner.
The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City’s and the Tribe’s normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City.
IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Pre-Submittal.
Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building.
2. Submission of Report.
When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project including preliminary or schematic design, the Tribe shall submit to the City a report on the Project (“Project Report”). As used herein, “Reservation” means those lands whose legal description is set forth in Exhibit A hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City’s and the Tribe’s development standards, an analysis of the fiscal impact of the Project and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law.
The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of Z Attachment 4:2 Supp 0, Xxx 20xx
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the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe’s planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when development is contemplated, and when the development is contemplated, and when the development can be described and its impacts forecast.
3. Administrative Review.
Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City’s existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the city necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes charges, and assessments; to the extent that any of such revenues will not accrue to the city, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result and what the overall economic impact will be of the Project on the city. Within thirty (30) days of the City Manager’s receipt of the Report from the Tribe, the City shall prepare the “Administrative Analysis” of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval.
4. City Council Conformity Report.
The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council’s Conformity Report (“Conformity Report”). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis.
5. Joint Meeting.
Upon the City Council’s adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.
6. Final Tribal Action.
At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Z Attachment 4:3 Supp 0, Xxx 20xx
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PALM SPRINGS CODE
Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law.
7. Waiver.
With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated.
8. Amendments.
This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party.
9. Approval.
This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.
10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.
This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels.
11. Lands Located Outside Reservation.
The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 CFR. § 151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written.
CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.
Will Kleindienst, Mayor
Z Attachment 4:4 Supp 0, Xxx 20xx
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Attest:
Judith Sumich, City Clerk
Approved as to form:
David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A
AGUA CALIENTE BAND OF CAHUILLA
INDIANS,
a federally-recognized Indian tribe
By:
Richard M. Milanovich, Chairman
Approved as to form:
Art Bunce, Tribal Attorney
Z Attachment 4:5 Supp 0, Xxx 20xx
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ATTACHMENT D
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Latitude 61
PROJECT REPORT
Prepared by:
AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264
November 2, 2023
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. .-
~ o 61 . . T.T.M. No. 38776
Proposed Development of 61 Attached Residen1ial Town home Units
TABLE OF CONTENTS
Sections
I. INTRODUCTION.................................................................................................................. 1 II. EXISTING CONDITIONS ..................................................................................................... 2 III. STATEMENT OF PROJECT.................................................................................................... 2 IV. ARCHITECTURAL AND LANDSCAPE CONCEPT ................................................................. 5 V. ENVIRONMENTAL ANALYSIS ............................................................................................. 5 VI. TENTATIVE TRACT MAP NO. 38776.................................................................................... 5 VII. FISCAL IMPACT ANALYSIS................................................................................................. 6 Tables
TABLE 1 DEVELOPMENT STANDARDS COMPARISON ........................................................ 4 Exhibits
EXHIBIT A PROJECT SITE LOCATION
EXHIBIT B EXISTING SITE CONDITIONS
EXHIBIT C PROJECT SITE PHOTOS
EXHIBIT D SITE PLAN
EXHIBIT E ARCHITECTURAL ELEVATIONS
EXHIBIT F FLOOR PLANS
EXHIBIT G PRELIMINARY LANDSCAPE PLAN
EXHIBIT H TENTATIVE TRACT MAP NO. 38776
Appendices
APPENDIX A TEPA/NEPA Environmental Assesment
Item 1JJ - Page 39
I. INTRODUCTION
Latitude 61 (the “Project”) is a 61 unit, attached residential townhome development proposed to be constructed on approximately 4.3 acres of Tribal Trust land (the “Project Site”) of the Agua Caliente Band of Cahuilla Indians (the “Tribe”). The Project Site is located within Section 14, Township 4 South, Range 4 East of the San Bernardino Base and Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation at the southwest corner of Amado Road and Hermosa Drive. (See Exhibit A, Project Site Location Map).
As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs (the “City”) dated December 15, 1998, the Tribe has prepared this report on Latitude 61 (the “Project Report”) for the City’s administrative review. The following key Tribal and/or City actions establish the project approval process for Tribal lands:
1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324 (the “Land Use Agreement”) adopted by City Council Resolution No. 12298. Pursuant to the Land Use Agreement, the parties agreed that applications for issuance of permits and development pertaining to Indian Trust lands would initially be processed through the City, with the City collecting its normal fees and charges.
Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust lands, with the decision of the Tribal Council being final, after considering the recommendation of the Indian Planning Commission, as well as applicable Federal and Tribal law.
2. On January 5 and July 27, 1995, the City and the Tribe amended the Land Use Agreement with Supplement Nos. 3 and 4, respectively, which exempted certain Tribal lands from the Land Use Agreement.
3. On December 15, 1998, the Tribe and City entered into the aforementioned Land Use Coordination Agreement, which provides for City review and comment on projects exempted from the Land Use Agreement, while retaining the Tribe’s final approval and authority over projects on Tribal land.
4. On February 3, 1999, the City and the Tribe amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement subject to the Land Use Coordination Agreement process.
5. On October 17, 2018, the City and the Tribe entered into an Amended and Restated Land Use Contract (the “Contract”) that superseded all prior agreements regarding land use between the Tribe and the City, including the Land Use Agreement and all supplements and amendments. As with the prior Item 1JJ - Page 40
Land Use Agreement, the Contract exempts all Tribal lands which are then subject to the Land Use Coordination Agreement process.
This Project Report serves as an expanded project description and goes “hand in hand” with other submittal documents including technical reports and other pertinent information. The proposed Project will be developed to the standards of development identified in this Project Report.
II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the Project Site is vacant undeveloped land covered with scattered creosote brush. There are no curbs, gutters, or public sidewalks installed along the eastern and northern edges of the Project Site. (See Exhibit C, Project Site Photos). Utility connections for water, sewer, natural gas, electricity, and telecommunication services are available, and the public streets fronting the Project Site include Hermosa Drive to the east and Amado Road to the north.
Surrounding Land Uses
Land uses on adjacent properties include:
• North – Casa Verde Condos
• West – Vacant Land
• South – Living Out Palm Springs Luxury Apartments
• East – Palm Regency Condos
III. STATEMENT OF PROJECT
GHA Communities (the “Developer”), through a lease with the Tribe, is proposing to build a gated residential community comprised of 61 townhomes with the following features:
• 17 three-story buildings with either three or four attached townhome units • Townhomes will range from 1,770 – 2,120 square feet
• Two bedroom with 2.5 bath, three bedroom with 2.5 bath, and three bedroom with 3.5 bath floor plans
• Attached two-car garages
• Include second-story balconies and third-story roof decks • Enclosed private yards with spools
• Communal recreational amenities include a pool and spa with restroom facilities and a BBQ area
• Modern Architecture
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The Site Plan for the Project is included as Exhibit D, and the Architectural Elevations and unit Floor Plans are provided as Exhibits E and F, respectively. The Preliminary Landscape Plan for the Project is included as Exhibit G.
The Project will be gated with the homes fronting internal 26-foot wide private roadways. Two entrances/exits provide access to the Project via Hermosa Drive: a southern main driveway with enhanced paving and a secondary emergency access point to the north. In addition to the two-car garages, thirty-three guest parking spaces are positioned in the center of the development. A landscape parkway with six-foot privacy walls is provided along the Project street frontages, and a decorative six-foot wall will be installed along the southern and western property boundaries.
The Developer is acquiring a development lease from the Tribe, and upon the sale of townhomes to retail buyers, the applicable unit/lot will be released from the development lease and the buyer will enter into a direct homebuyer lease with the Tribe. There will be a homeowner association in place to maintain the Project common areas and private roadways.
A. Property Development Standards
Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards,…and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.”
While the Project is located within the Section 14 Specific Plan (the “Specific Plan”) area, it is located on Tribal lands that are not subject to City land use regulations. As a result, the Specific Plan serves as a guiding framework, but does not bind the Tribe in its decision to approve the Project. Under the Specific Plan, the Project Site is designated Resort Attraction (RA) where multi-family residences are allowed subject to a Conditional Use Permit (CUP) and the development standards of the “R-4” large-scale hotel and multiple-family residential zone; however, if this Project were subject to City standards/regulations, the following development standards would need to be modified through the approval of a Planned Development District:
• Minimum side yard setback; and
• Minimum distance between buildings.
With or without the approval of a Planned Development District, the Project supports the Specific Plan’s residential vision by contributing to the “healthy variety of residential use types” in Section 14, and by offering a product that “will attract permanent residents, including seniors, who will be served by the expanded services provided in the area.” The Project Site is also directly “connected by an enhanced walkway/bikeway network that leads to the streets with commercial activity.” Item 1JJ - Page 42
Table 1 below compares the proposed development standards for the Project against the allowed/required standards of the current RA/R-4 Zone, and with the above-identified Planned Development District modifications.
Table 1 – Development Standards Comparison
Section 14 Specific Plan
Property Development Standard
Currently
Allowed/
Required
Planned
Development
District
Proposed
Project
Complies?
(yes/no)
Maximum Density1 30 du/ac No Change 14.4 du/ac
Minimum Lot Area2 2 acres No Change 4.3 acres Yes
Minimum Open Space2 30% No Change 33%3 Yes
Maximum Building Height2 35’ No Change 34’ Yes
Minimum Distance Between Buildings4 15’ 10’ 10’ Yes5
Property Setbacks2
Amado Road
Hermosa Drive
Interior Side/Read Yard
20’
20’
20’
No Change
No Change
20’/10’7
20’6
20’6
20’/10’7
Yes
Yes
Yes5
Maximum Wall Height8
Project Perimeter
Individual Units (side/rear yards)
6’
6’
No Change
No Change
6’
6’
Yes
Yes
Parking Spaces9 139 No Change 155 Yes
1 Per Table 6-1, and Section 4.1.2 of the Section 14 Specific Plan. 2 Per Tables 6-2 and 6-3 of the Section 14 Specific Plan. 3 Including balconies, roof decks, and yards of the individual units and the common pool area. 4 Per Palm Springs Municipal Code (PSMC) 92.05.03. 5 With the approval of a Planned Development District per section 94.03.00 of the Palm Springs Municipal Code. 6 Setback measured to the perimeter wall. 7 Minimum 20’ side yard setback is maintained to all portions of the buildings exceeding 15’ in height; however, the single-story portions of the buildings extend into the 20’ minimum setback area. The corner units extend the furthest into the side yard setback; however, a minimum 10’ setback is maintained consistent with PSMC 92.05.03(E)(2)(b). 8 Per PSMC 93.02.00(E)(2)(a). 9 Per PSMC 93.06.00(31)(b). Each unit includes two garage spaces and 33 guest spaces are provided.
As Table 1 illustrates, with the reductions to the side yard minimum setback and minimum distance between buildings, the Project complies with all development standards that would be established through the approval of a Planned Development District.
The reductions to the side yard minimum setback and minimum distance between buildings are necessary to achieve the highest and best use of Tribal land consistent with the purpose and intent of the Specific Plan in order to create a high-density neighborhood. The side yard setback reduction would not be detrimental to neighboring uses as only the single-story portions of the corner units extend significantly into the side yard setback, and even there a minimum 10’ setback is maintained consistent with PSMC 92.05.03(E)(2)(b).
Item 1JJ - Page 43
B. Circulation
A central gated entrance off Hermosa Drive provides access to the Project, with an additional secondary emergency access point located to the north. Internal circulation is provided by 26' wide private streets with 33 guest parking spaces positioned in the center of the development, all of which will be maintained by the homeowner association formed for the Project. Five- to Eight-foot wide public sidewalks adjacent to landscape parkways will provide pedestrian connectivity along Amado Road and Hermosa Drive, which streets will be fully built out along the Project frontage with bike lanes/sharrows. Pedestrian gates will be provided in the perimeter wall providing direct access to the adjacent public streets from the backyards of the townhomes fronting those streets.
IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
The Project will be constructed in the modern architectural style that is popular in Palm Springs. The Project will consist of 17 three-story buildings comprised of either three or four townhomes each with varying layouts and architectural schemes.
Communal recreational amenities include a pool and spa with restroom facilities and a BBQ area (See Exhibits E and F).
As shown on Exhibit G, the project landscaping includes a variety of low maintenance plant species that meet water efficiency requirements. The landscape parkways along Amado Road and Hermosa Drive provide shade for pedestrians and screening for the rear yards of the adjacent homes. The landscaping along Amado Road includes shade trees spaced 30’ apart as called for by the Section 14 Specific Plan.
In addition to the requirements of Chapter 5.12, Property Maintenance Standards, of the Agua Caliente Tribal Code, the homeowner association formed for the Project will be bound to maintain all common area landscaping including the landscape parkways along Amado Road and Hermosa Drive.
V. ENVIRONMENTAL ANALYSIS
A draft Environmental Assessment (EA) has been prepared for the Project and is included as Appendix A. The draft EA analyzes the potential effects of the proposed Project including impacts related land and water resources, air quality, living resources, cultural resources, socio economic conditions, land use, transportation, noise, recreation, public safety, and climate change. Based on the analysis contained in the draft EA and the mitigation measures it incorporates into the proposed Project, no adverse environmental impacts are anticipated.
VI. TENTATIVE TRACT MAP NO. 38776
A tentative tract map has been prepared for the proposed Project consisting of three numbered lots for the 61 multi-family residential units, and seven lettered lots Item 1JJ - Page 44
for the internal streets, public right-of-way, and common landscape areas (see Exhibit H).
VII.FISCAL IMPACT ANALYSIS
The Project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs, including, but not limited to, sewer and drainage fees, public art fees, park (Quimby Act) fees, regional traffic impact (in-lieu TUMF) fees, school fees, etc. In addition, a Community Facilities District (CFD) will be formed, or the Project will be annexed to an existing CFD, under which a special tax will be levied on all residences in the Project. This special tax pays for new police, fire protection and suppression, and life safety services of the City required to sustain the service delivery capability for emergency and non-emergency services to new growth areas. Therefore, with the incorporation of these fees and taxes, the Project will have a negligible impact on public services, while having a beneficial impact to the local economy by providing more housing opportunities in the City.
Item 1JJ - Page 45
EXHIBIT A – PROJECT SITE LOCATION
Item 1JJ - Page 46
0 250
E----------3 500 750 E----------3
EXHIBIT B – EXISTING SITE CONDITIONS
Item 1JJ - Page 47
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Northeast Corner looking Southwest
Northwest Corner looking Southeast
Southeast Corner looking Northwest
Item 1JJ - Page 48
EXHIBIT D.1 – SITE PLAN
Item 1JJ - Page 49
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2 1596'
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5 1561'
6 1759'
7 1759'
8 2298'
9 1772'
10 1766'
11 2566'
12 159J'
1J 1771'
14 1772'
15 1780'
16 1779'
17 1771'
18 1772'
19 1780'
20 2314'
21 1772'
22 1772'
2J 1780'
24 1779'
25 1772'
26 177J'
27 157J'
28 2286'
29 1616'
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J2 1597'
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J5 1574'
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44 2177'
45 1653'
46 2180'
47 1722'
45 1661'
49 2228'
50 1688'
51 1704'
52 1702'
5J 2201'
54 1688'
55 1703'
56 1704'
57 1688'
58 1688'
59 1703'
60 1703'
61 2148'
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~==lRJ==1J' ==7 • =f=l ==to ~='=="~:==: Jr-- MAIN MAIN
NOTESTAGGERED
BLOCK WALL
NORTH
R/W
a·
LOT WEST
LIN£ R/W
10'
LANDSCAPE·~' VARIES
r a·-16'
I I
J2'
10'
SOUTH smEETSECTION
32'
0,- EX. SEWER MAIN
AMADO ROAD
20' 20'
SOME IIEMS MAY NOT 8£ APPLICABLE FOR THE LOT SHOWN HEREON. t~v-;-,{--:.;-tt1 HARDSCAPE -{B'- WATER MAIN
@&) PAD ELEVATION WATE'R METER
SOUTH
R/W
WATER MAIN
EAST
R/.W 10'
LOT
LINE
t STAGGERED
BLOCK WALL
P/L PROPERTY UNE 121 PALM TREE LOCATION UTILITY PURVEYORS R/W RIGHT OF WAY "" TYPE •A• STREIT L/GHr S/W SIDEWALK ~ L/A LANDSCAPE AREA E2222l EX.
TC TOP
EXISTING
OF CURB ~
TYPE •B• STREET LJGHT
SINGLE FLOOR ELEMENT
AREA FOR UNDERGROUND
STORAGE CHAMBERS
QcSfBI WA1L8 !JGUJa 1200 S. GENE AUTRY TRAIL
PALM SPRINGS, CA 92262
(760) JlJ-4971
SQ~j/£!1BJ::B!J~
E8Q/iIJfll
295 N. SUNRISE WAY
PALM SPRINGS, CA 92262
(800) <BJ-4000
J6100 CATHEDRAL CANYON DR. SQ CAI JfORNIA GAS CQMPANY 211 N. SUNRISE WAY P12 PARKING SPACE NUMBER CATHEDRAL CITY, CA 92234 PUBLIC UTTUTY EASEMENT (760) 202-4291
-a- SEWER MAIN WALLS NC FENCING = SEWER LATERAL BLOCK WALL 41725 COOK STREET PALM DESERT, CA 92211
- SD- STORM DRAIN RITAINING WALL (760) 674-5472
~TOP =c..,= GATE
2:1 SLOPf (OR OTHfRWtSE ---i,;-- FENCE
TO£ 1/0mJJ
.. HEITEC I www.heHeoioo.oom
~
~ ::i: E;::i~::,i:!~~~t;;';:~ C O N S U L T I N G Phone: 760.340.9060 PREPARED UNDER THE DIRECTION OF:
120
I
PALM SPRINGS, CA 92262
(BOO) 427-2200
CITY OF PALM SPRINGS
CID 1/fOI IA WATER fsEwER) P.O. BOX 270J
J200 TAHQU/TZ CANYON WAY
PALM SPRINGS, CA 92262
(760) 323- 8166 EXT. 2
BENCHMARK: 14-J
ELEVATION: 445.931
2• BRONZE DISK STAMPED •c.P.S. B.M. 14- .J
RESET 1979•. SET IN TOP OF CURB E.S.E.
RETURN AT THE INTERSECTION OF HERMOSA
DRIVE AND AMADO ROAD.
GRAPHIC SCALE: 1' : 30' MICHAEL D. HACKER. R. CE NO 55606 TENTATIVE TRACT MAP 38766
PALM SPRINGS
OCTOBER 24, 2023
AMADO ROAD
>-
I
ANDREAS ROAD bi
I
EAST TAHQUITZ CANYON WAY
BAR/STD ROAD
RAMON ROAD
VICINITY MAP NOT TO SCALE
PROJECT SUMMARY ACREAGE ...
EXISTING ZONE.. ......................................... .
PARKING SPACES PROVIDED (9'X17') .. .
CONDO UNITS .. ................... ..................... .
P ( , 7 SQ. .••) ........................ .
PLAN 2 (1,988 SQ.FT.")
PLAN 3 (2, 120 SQ.FU•)
/'!QI£;
4.24 NET•
RAI.L.
33 SPACES
61 UNITS
19 Ot.lES
27 HOMES
15 HOMES
*EXCLUDES PUBLIC RIGHT OF WAY EASEMENTS
••REFER TO ARCHITECT'S PLANS FOR SQUARE FOOTAGE BREAKDOWN NOTE:
ALL PROPERTY LINE AND BUILDINGS (EXISTING AND PROPOSED) ARE SHOWN ON THIS SITE PLAN.
REFER TO APPROVED TENTATIVE MAP NO. 38766 FOR ALL
EXISTING AND PROPOSED EASEMENTS.
REFER TO LANDSCAPE ARCHITECTS DRAWINGS FOR THE
FOLLOWING INFORMATION:
WALL AND FENCE LOCATION DE.TAILS
DEVELOPER/APPL/CANT
GHA AMADO PS, LLC J0875 DATE' PA/..M DRM
SUITE C-2 CATHEDRAL CITY. CA 922J4
TEL: 760.969.1400
PREPARED BY HEITEC CONSULTING 777 EAST TAHQUfTZ CANYON WAY SUfTE J09
PALM SPRINGS, CA 92262
TEL: 760.J40.9060
AGUA CALJENTE BAND OF CAHUILl.A IND/ANS SHEET NO .
FOR:
SfTE PLAN FOR TTM 38766
GOVERMENT LOT 154
PORTION OF APN 508-070--020 BEING THE E 1/2 OF THE NE 1/4 OF TI-IE SW 1/4 OF TI-,E NE 1/4 OF SECTION 14. TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M
COUNTY
FIL[ NO. CHA COMPANIES
w.o.
230201
C3
OF ~ SHTS
EXHIBIT D.2 – SITE PLAN
Item 1JJ - Page 50
AMADO ROAD
PROJECT SUMMARY ACREAGE... 4.24 NET'
EXISTING ZONE. ... . . .. .. .. .. .. .. .... ..... ..... RA I. L.
PARKING SPACES PROVIDED (9'X17')... 33 SPACES
CONDO UNITS.............................................. 61 UNITS PLAN 1 (1, 770 SQ.FT ... ) ......................... 19 HOMES PLAN 2 (1,988 SQ.FT.*•) 27 HOMES
PLAN 3 (2,120 SQ.FT.") 15 HOMES
l'!QK;_
'EXCLUDES PUBLIC RIGHT OF WAY EASEMENTS
**REFER TO ARCHITECT'S PLANS FOR SQUARE FOOTAGE BREAKDOWN 0 15 30 60 120 liiiiiir-- I GRAPHIC SCALE: 1"; l'.l'
.. HEITEC I www.heHeoioo.oom
~
~ ::i: E;::i~::,i:!~~~t;;';:~ C O N S U L T I N G Phone: 760.340.9060 PREPARED UNDER THE DIRECTION OF:
MICHAEL D. HACKER. R. C. [. NO 55606
BENCHMARK: 14-J
ELEVATION: 445. 931
2• BRONZE DISK STAMPED "C.P.S. B.M. 14- .J
RESET 1979". SET IN TOP OF CURB E.S.E.
RETURN AT THE INTERSECTTON OF HERMOSA
DRIVE AND AMADO ROAD.
• •
I A TITI lr\C0 (11
1-1 1 "1.,
• •
TENTATIVE TRACT MAP 38766
PALM SPRINGS
OCTOBER 24, 2023
AMADO ROAD
>-
,:;
ANDREAS ROAD bi
I
EAST TAHQUITZ CANYON WAY
BARISTO ROAD
RAMON ROAD
VICINITY MAP NOT TO SCALE
NOTE: SOME ITEMS MAY NOT BE APPLICABLE FOR THE LOT SHOWN HEREON ,~A%~)!f,l HARDSCAPE ------Ill-- WATER MAIN
(Eg) PAD ELEVATION WA1ER METER
P/L PROPERTY UN£ @I PALM TREE LOCATION
R/W RIGHT OF WAY "" TYPE •A• STREU UGI-IT
S/W 51D£WALK ~ TYPE "8• STRW LIGHT
L/A LANDSCAPE AREA iz:z:::J SINGLE FLOOR ELEMENT
EX. EXISTING
~ AREA FOR UNDERGROUND
TC TOP OF CURB STORAGE CHAMBERS
Pl2 PARKING SPACE NUMBER
PUBLIC UT1UTY fASfMEHT
------IS-- SEWER MAJN WALLSANDFENCNG
SEWER LATERAL BLOCK WALL
-SD- STORM DRAIN RUAJNING WALL
~TOP =i.;= GATF
2:1 SLOPE (OR OTHERWISE -----v-- FENCE
TOE NOTW)
AGUA CALJENTE BAND OF CAHUILl.A IND/ANS SHEET NO .
FOR:
BUII..DING EETBACK EXHIBfT FOR TTM 38766
GOVERNMENT LOT 154
PORTION OF APN 508-070--020 BEING THE E 1/2 OF THE NE 1/4 OF TI-IE SW 1/4 OF TI-,E NE 1/4 OF SECTION 14. TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M
COUNTY
FIL[ NO. CHA COMPANl[S
w.o.
230201
C4
OF ~ SHTS
EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS (SCHEME 1)
Item 1JJ - Page 51
STUCCO
SW 7008 ALABASTER
RIGHT ELEVATION
A-24
MAX. BLDG. HGT.
_l ___ l __ l!!!!!!!!!!!!l
M AIN LEVEL
T.O. SUBFLOOR
TYP. T.O. PLATE
@ LOWER LEVEL
TYP. HEAD HT.
@ LOWER LEVEL
TRIM I PANELS I AWNINGS & POST
SW 7069 IRON ORE
WALL TILE
REAR ELEVATION
SCHEME 1 • •
I ATITI lr\C0 61
~ • p" ~ J
• •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION ME11--IODS
ENTRY DOOR STONE I DRYSTACK
SW 0007 DECOROUS AMBER FOGBANK I CRAFT SPLIT MODULAR
LEFT ELEVATION .. ,
L l
DESIGN REVIEW 10.04.2023 colorc,do // 731 southpark dr. suite B littleton. co 80120 / 303 683.7231
calllornia// 2943 pullman st. suite A
santa ana. ca 92705 / 949 553.8919
I~ DW.WIH.'.;.SA~C NICl'DW H)W IJcS(iN IJI.VI.LONcNI ANIJ Pl!CLWIINAl/l' Slw...S U<ILY ANJA!a. NCI IC Illa USCIJ fCw ANYCHtaW f'Lll!l'ClSC, SUCHAS IN'IL 1'LC11N'."; Cw t NAL CN::iNCCWIK.. CCl'Ylii::.ttl WOOIJLlal' Ai!(;H!taCILJIAL GWCU', N C, I~ IJWA'NW.'.';S w.n.i:i1 Illa USCIJ C'-1 IJU'U.'.:A w 'M IHCl!I IHC c>:Pl!l.!S Will laN l'la~ ..... i!.SICN Ct wCCIJLU f,JH::H1CC IUllAL (;w ()u p, NC.
EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS (SCHEME 2)
Item 1JJ - Page 52
STUCCO
SW 7005 PURE WHITE
RIGHT ELEVATION
A-25
MAX. BLDG. HGT.
~
TYP. T.O. PLATE
@ UPPER LEVEL
TYP. HEAD HT. @ UPPER LEVEL
UPPER LEVEL T.O. SUBFLOOR
TYP. T.0 . PLATE
@ MAIN LEVEL
TYP. HEAD HT. @MAIN LEVEL
MAIN LEVEL T.O. SUBFLOOR
TYP. T.O. PLATE
@ LOWER LEVEL
TYP. HEAD HT.
@ LOWER LEVEL
b - - '?
"'
FRONT ELEVATION
TRIM I PANELS I AWNINGS & POST
SW 7069 IRON ORE
WALL TILE
REAR ELEVATION
SCHEME 2 • •
I A TITI lr\C0 61
. ~ ' ' '
• •
NOTE: SQUARE FOOTAGE M A Y VARY BASED ON CALCUlAIDN MErHODS
ENTRY DOOR STONE I DRYSTACK
SW 0015 GALLERY GREEN CLOUDBREAK I CRAFT SPLIT MODULAR
LEFT ELEVATION ... ,
b
DESIGN REVIEW 10.04.2023 c~cxodo // 731 south pork dr. suite B little ton, co 80120 / 303 683.7231
colifor-nio // 2943 pu llmon st. suite A
sonto ono. co 92705 / 949 553.8919
Tt£.IEOl!AW1i,IGH~E N!Et<EW FCII OESIGH ll~VEI.OPMIMANDl'IIB.MIW!YS!WES ONLY"t<E"IIE NOITO IIE USEll lOR »rr0lt£R -rOSE.ll.CHII.I F9<W. rLOTTNG or FNN. EHGNEUIHG. COl'llUGKWOOlllFr"RClllECIUIAL GRO lf', NC. n-£:E ~WIHGl:W.YNOJ IIE USED CR Dl.f'UC\lED WIH::t1J]tjE EXPRUSWll nE HAaR"'$SICHO f WOOOl£rNiCHIIECRlllllL ~0111', l'C.
EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS (SCHEME 3)
Item 1JJ - Page 53
STUCCO
MAX. BLDG. HGT.
TYP. T.O. PLATE
@ UPPER LEVEL
TYP. HEAD HT. @ UPPER LEVEL
SW 7010 WHITE DUCK
RIGHT ELEVATION
A-26
FRONT ELEVATION
TRIM I PANELS I AWNINGS & POST
SW 7069 IRON ORE
WALL TILE
REAR ELEVATION
SCHEME 3 . . I A TITI lf'\C0
~ 61 ' ' . '
. . NOTE:SQUARE FOOTAGE MAY VARY BASED O NCALCULATON M ErnODS
ENTRY DOOR
SW 9135 WHIRLOOL
STONE I DRYSTACK
POWDER I CRAFT SPLIT MODULAR
LEFT ELEVATION ,..,
DESIGN REVIEW l 0.04.2023 colorado // 731 south park. dr. suite B littleton. c o 80120 / 303 683.7231
callfornia // 2943 pullman st. suite A
santa o na, co 92705 / 949 553.8919
ltt'.IEDIAWIIGSAII ~ Nll'H:lliltClr at.SION ~ VtlOl'MtNI N<O ,,.tiM ...... TSIWU i'.><I.TAOIJ AKt'NOI ,o II' u.!1'11i01N<YOl>EI rweCISl',Sl.CH...St ..... m:l nN001 t HN.. t /GN±t!INQ.. co,-,,o,. wOQ<J.tyA.C"ll'CIU,Al Q•Cn,. Ht'.:c 1tt'.!l'11 .... --Tl.:l 11Eu!to CW l>l.nlC:A Hl wrttOu, ltEXl'l!~-•ll'NrHMl!.!ICN Ot l'IClWltYMOtlltl'.:RJ .... LGlrOUr, ~ EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS (SCHEME 4)
Item 1JJ - Page 54
STUCCO
MAX. BLDG. HGT.
TYP. T.O. PLATE
@ UPPER LEVEL
TYP. HEAD HT. @ UPPER LEVEL
MAIN LEVEL
T.O. SUBFLOOR
TYP. T.O. PLATE
@ LOWER LEVEL
TYP. HEAD HT.
@ LOWER LEVEL
SW 7006 EXTRA WHITE
RIGHT ELEVATION
A-27
FRONT ELEVATION
TRIM I PANELS I AWNINGS & POST
SW 7069 IRON ORE
WALL TILE
REAR ELEVATION
SCHEME 4 • •
I A TITI II\C0 61
C ~LI I P '•,
• •
NOTE: SQUARE FOOTAGE MAY VAR.Y BASED ON CALCULAIDN MEn--10DS
ENTRY DOOR STONE I DRYSTACK
SW 6258 TRICORN BLACK POWDER I CRAFT SPLIT MODULAR
LEFT ELEVATION .,.,
DESIGN REVIEW 10.04.2023 colorado // 731 southpark dr. suite B littleton, co 80120 / 303 683.7231
callfornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.8919
Tf-E.'iE •l!AWli'G.! ARE NlEt<,DB) FQli' DE>IGN CEVELDP.\118,lf J.l',I• l'liB.IYNJJ!YSllDB ONLY At-0 Ali'E 111mm l!E USED RU »ffOTIEli' PIJRl'OSE. 50CHAS FNAl. l'I..Ollt,Kl-0! FNAI. EoGNH!IMG. CC1"1'1!K.f-l" WCXJC..EY Ali'CHIIECIU!AL Gli'OIP, NC. TI-ESE Dl!AWll\lGS .IIIAYl«<JT~E IJ.IED CM [JU'I.JCA"ED WITHDIJTlHE EXPli'ESS Wl!ITIE~ PEl!M~JIQN OF 'HCQDI.EY AijCHIIECIJli'AL GICLIP, N::.
EXHIBIT E.5 – ARCHITECTURAL ELEVATIONS (POOL BUILDING)
Item 1JJ - Page 55
FRONT ELEVATION " SCALE: 1/4"= 1'-0' RIGHT ELEV A TION
TYP, 1.0, PLATE TYP. 1.0. PLATE
1.0. fDN. WALL T.O. FDN. WALL
REAR ELEVATION " SCALE: 1/4" = 1'-0' LEFT ELEVATION
CONCEPT ELEVATIONS
. .
A-23 ~
0 61 . . NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS ~t>AA-...,., ... ~~WQ!OfvaOl'f.<tf<TAl'()"'8.-T$ll.o6~Y~---NQIIIOMlll(l)~,.,.• ~l'\IM"ORWC~A$,...,.-.l'\OTTt'GQltff<,.-.- CQl'v,tc;HIWOO(U'tNICOO!ICU,_..~t<,.~tl't",WM;;JW<Y...::>19f\lWOQltoi,\ICAlf0WIM;JIJT!Hl'f.JO"IU$WlfflllNl'W-IIISO'IOfW00Dtt"~GIIOl."M;.
DESIG N REVIEW 10.04.2023
" SCALE: 1/4" = 1'-0'
" SCALE: 1/4" = 1'-0'
---
colorodo / / 731 southpork dr. suite B
littleton. co 80120 / 303 683.7231
callfornia // 2943 pul1mon st. suite A
sonto ana, ca 92705 / 949 553.8919
EXHIBIT F.1 – FLOOR PLANS (SCHEME 1 - FIRST FLOOR)
Item 1JJ - Page 56
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_________________ I ..,
PLAN T-iREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
PLAt TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
BUILDING 321 FIRST FLOOR
• •
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
I
I
I
I
I
I
I
__ I ,
--
--
~ o 61 DESIGN REVIEW 10.04.2023
• •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS ltESEOAAWl"GSAJif~fOl! OOIGNDEVEI.OPl"8<TAND t'l!EI.MNAJ!1 Sl0000Nl1 AKl /l.liE NOT JO !IE USEOfOl!N110J>af'Ulil'OSE. SOCHA$ft<"'-PlOITJ<G OM l'f<"'- ENC .. EUING. COl'~I/JWOODlEY A.~~Gf!OUl'.NC.JlESfOAAWINGS,,..,_l l"Ol !IE USEOOIIOU'IJCA.lEO""lltOOJl llE E>:n65 WIIIOEN--OFWOOOlEY~GIIOl.". l"C. ... -
colorodo // 731 southparl< dr. suite B
litllelon, co 80120 / 303 683.7231
caltfornla / / 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.8919
EXHIBIT F.2 – FLOOR PLANS (SCHEME 1 - SECOND FLOOR)
Item 1JJ - Page 57
A-2
0 626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING 1770 SQ. FT.
BUILDING 321 I SECOND FLOOR
• •
~ o 61 • •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS 1'1-£SEDR>,"""'GS N!EMINO!DFalOEIIG,. OO'ELOPM&ITNIOPRB._,,..M'f 5TUDEONLY...,.OAR!," ,.OI TOIIEU5ED f<l!! NIYOTIBPURPOS~SUCH ~FNAlPlOTTNGORFNAl !NGf,JWIING. COl''i'RIGHI WCXXllE'f A~fflECruRAle'iROIJ~.NC. T1£1E Ol!AW\NGSMAYNOIIIEU5EOOlltl'JP'UC:,1,;JmWTTHOUTTHeEXPRSS WRrmN FUM5SIONOfW000lE'fAACHITEClUR"1.GROUP,NC. 6 ;;;;;;;J
DESIGN REVIEW 10.04.2023
... -
colorado // 731 southpark dr. suite B
littleton. co 80120 / 303 683.7231
caltfornla // 2943 pullman st. suite A
santa ana. ca 92705 / 949 553.8919
EXHIBIT F.3 – FLOOR PLANS (SCHEME 1 - THIRD FLOOR)
Item 1JJ - Page 58
A-3
I
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PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
I
I
I
I L--------------------- L-------------------
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048SQ. FT.
241 SQ. FT.
1988 SQ. FT.
BUILDING 321 I THIRD FLOOR
•
~
•
0 61 • •
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
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893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
b --J
DESIGN REVIEW 10.04.2023
,. .....
colorado // 731 soulhpark: dr. suite B
littleton. co 80120 / 303 683.7231
callfornla // 2943 pullman st. suite A
santa ana. ca 92705 / 949 553.8919
EXHIBIT F.4 – FLOOR PLANS (SCHEME 2 - FIRST FLOOR)
Item 1JJ - Page 59
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SECOND FLOOR
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TOTAL LIVING
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2120 SQ. FT.
PLM TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
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•
~
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NOTE: SQUA RE FOOTAG E MAY VARY BASED O N CALCULATION METHODS
PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
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TIEUDltAWNGS AH N1iNOKl FOltDESIGN CJEVB.Of'MB>IT ANOPll!I..IMI-IAIIYSTIJOIE.S ONLY -'NO AHNOTTOIIEUSEO FOR -'NYOTIER P\ltl'OSE,51.iCH ...S Ft-lAl.~LOTTNGOI! FNAl.8,!Gfs!HING. COPYRIGHIWOOOl.l'f Al!CHIECTURAI. GROii', NC. TIE5EORAWNGSMAY NOTIIEU5KIO! OLJ>UCATEO WITHOIJITHEEXP!!ESS WRITTEN PE~Of WOOOl.£Y AIIOIIECllJRAI.GROU~. NC I
DESIG N REVIEW 10.04.2023
.. ,
colorodo // 731 southpark dr. suite B
lilllelon, c o 80120 / 303 683.7231
colffornlo // 2943 pullmon st. suite A
sonto ono, co 92705 / 949 553.69 19
EXHIBIT F.5 – FLOOR PLANS (SCHEME 2 - SECOND FLOOR)
Item 1JJ - Page 60
A-7
PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
BUILDING 323 I SECOND FLOOR
• •
l6I!nill__!; 0 61 • •
PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
1046 SQ. FT.
807 SQ. FT.
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2120 SQ. FT.
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS TIOEORAWNGSAR£M&ll!DFOIIOOGND€VROPl,8,ITN'OPR8.MNAIIY5TL.CIEOtlLTAI-OARENOIJOIIELJ5EDFOIINffO!ltilPU~t5L!CH~ffiAI.PlOTTNGORffiALENGtllEFIIHG.COP'fT!GHIWOODlf'fAIICHTl'C1LJ!ALGl!OLJP, NC.ll€5EORAWIGliW.lNOTIIEU5EDOROU'UCAlEDWIIHOl/111£D:l'R65WlllrnJl~OFWOOOlE'fNICHTICMIAlGROUP, NC.
L ;;;;;;;;J
DESIGN REVIEW 10.04.2023
-·-
colorodo // 731 southpark. dr. suite B
littlelon. co 80120 / 303 683.7231
calffornla // 2943 pullman sf. suite A
sonta ana. ca 92705 / 949 553.89 19
EXHIBIT F.6 – FLOOR PLANS (SCHEME 2 - THIRD FLOOR)
Item 1JJ - Page 61
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NOTE: SQUARE FOOTAGE M AY VARY BASED ON CALCULATION MElHODS I
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THIRD FLOOR
TOTAL LIVING
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807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
DESIGN REVIEW 10.04.2023
l>ESEOIIA........CSAAENTENOtDl'Ol!OOIG .. OEVElOPMENTN-IDf'l!El.l'M'<AA'fm,()IESOHLYA.t-0 .. ~NOTIO!IEUSEDfOl!J\N'fOJtal'IJWOSllUCH,1$,f+W. f'iOlll'<GOl! fl<ALENGtlWl't<G. COl'""IGttl WOOOlE"fAACKTICIU!AI.G~.NC.TJESEOAAWf"GllMl<Tt<Ol !IEUSIDOl!OU''UC•:rroWJIHOIJITHEEX~Wl!IOEN~OfWOCOlETMC>l'IECIIJIW.CflOJP. NC. -·-
colorado / / 731 southpark d r. suite B
littleton. co 80120 / 303 683.7231
calffornla // 2943 pullmon st. suite A
santa ono, ca 92705 / 949 553.8919
EXHIBIT F.7 – FLOOR PLANS (SCHEME 3 - FIRST FLOOR)
Item 1JJ - Page 62
A-11
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699 SQ. FT.
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1988 SQ. FT.
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FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
BUILDING 1221 FIRST FLOOR
• •
~ o 61 • •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS 699 SQ. FT.
1048 SQ. FT.
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1988 SQ. FT.
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PLAN ONE
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TOTAL LIVING 1770 SQ. FT.
DESIGN REVIEW 10.04.2023
TK.SEDl!AWNGS /,ft NJe,D!DfORl)e;l:;N Df\lB.Ol'MINT l<NDPl!ElMN/.RY SILDE'S otllY ....O AR£ NOT TO !EUSEDFOR ANY OllUP'IJRPOSE, SL!CH~ FNAI. ~lOTTNGORFNAI. !NGNIEIIING. COf'\'1!Gl!IWOOCllEY Al!CKTECTUf!AI. GROUI', NC. Tl£SE DRAWINGS MAY HOT !E USEDOROIJPUCAIKIWIIHOUT THE E(f'l!ESS W111mt1 PERMIISIONOf WOOOlEY AAOf:T1CnlRAI.GROUP,NC. ~
-
... -
colorado // 731 southpark dr. suite B
litllelon. co 80120 / 303 683.7231
caltfornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.89 19
EXHIBIT F.8 – FLOOR PLANS (SCHEME 3 - SECOND FLOOR)
Item 1JJ - Page 63
A-12
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893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
l048SQ. FT.
241 SQ. FT.
1988 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048SQ. FT.
241 SQ. FT.
1988 SQ. FT.
BUILDING 1221 I SECOND FLOOR
• •
l6I!nill__E O 61 • •
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS 11-ESEORAWINGSAAENl&OEDf'OROE51GtlDEV8.0PM8'/TANDP1!8.Mf.lAAYSllOESONlY~AAE NOllO l!EIJSEOFORIYIYOllaPURPOSE.SUCHASFt-1,'J.Pl0ntlGOltl't-ll,LEl'IGtlEER!tlG.COP\'1!IGl!l'WOODlE'l'A.IIC~URAI.Gll:OUl'.NC.ll6£ DIU,,WINGSW<Y tlOl llEU.IEOOROUPIJC','IEDWIJHOU'TlllEEXf'RESSWRl!lelf'ERMISSION OFWOOOlEYAJt0(10CTlllW.Gl!Ol".f<C. 626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
DESIGN REVIEW 10.04.2023
---
colorodo // 731 southpark dr. suite B
litllelon. co 80120 / 303 683.7231
caltfornla // 2943 pullman st. suite A
santo ana, ca 92705 / 949 553.8919
EXHIBIT F.9 – FLOOR PLANS (SCHEME 3 - THIRD FLOOR)
Item 1JJ - Page 64
A-13
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PLAN TWO PLAN TWO PLAN ONE
626 SQ. FT. FIRST FLOOR 699 SQ. FT. FIRST FLOOR 699 SQ. FT. FIRST FLOOR 893 SQ. FT. SECOND FLOOR 1048 SQ. FT. SECOND FLOOR 1048SQ. FT. SECOND FLOOR 251 SQ. FT. THIRD FLOOR 241 SQ. FT. THIRD FLOOR 241 SQ. FT. THIRD FLOOR 1770 SQ. FT. TOTAL LIVING 1988 SQ. FT. TOTAL LIVING 1988 SQ. FT. TOTAL LIVING BUILDING 1221 I THIRD FLOOR
. .
l6I!nill__E0 61 . . NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS lfESEOAAWl"GSAAEMB<>EDFOfl:OESIGtlDEVEI.Of'M&<IANOPRe.MtlAAYSTI.OESONLVA.SOAAENOTTOl!EUSEDl'OltN<YOllef'IJll'OSE.SOCHNiftll'l."1.QTil,IGOf!fw..l. ENGtlEERING.CC#'YJIIGHIWOODll:JAACHTECTI.IRAl.~.tlC.TtESEDAAWINGS ...... YNOTIIEIJSEDOl! OIJPUCATEOWITHOIJ'llHE EXF'ltESSWIIITTEN~OFWOOO!.EYAA~GIKU'.OC. 626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
6 ;;;;;;;;J
DESIGN REVIEW 10.04.2023
_.,
colorado // 731 soulhpark. dr. suite B
lilllelon. co 80120 / 303 683.7231
calffornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.89 19
EXHIBIT F.10 – FLOOR PLANS (SCHEME 4 - FIRST FLOOR)
Item 1JJ - Page 65
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I PLANT -iREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
A-16
PLAN TWO PLAN TWO PLAN ONE
1046 SQ. FT. FIRST FLOOR 699 SQ. FT. FIRST FLOOR 699 SQ. FT. FIRST FLOOR 807 SQ. FT. SECOND FLOOR 1048 SQ. FT. SECOND FLOOR 1048 SQ. FT. SECOND FLOOR 267 SQ. FT. THIRD FLOOR 241 SQ. FT. THIRD FLOOR 241 SQ. FT. THIRD FLOOR 2120 SQ. FT. TOTAL LIVING 1988 SQ. FT. TOTAL LIVING 1988 SQ. FT. TOTAL LIVING BUILDING 3221 FIRST FLOOR
•
~
•
0 61 • •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS TKSEORAW9'1GSAft"Nte.lllDFORDl5GNDE\IROl'MINT~OPRElMNl'R'fSTl.0E:iotlLTMIOARlcNO!IOIIEUSfDIORN«OllUPURPOS~5l!C:H~Fl'lAl.~lOTTNGORFl'lAI.ENGNIEIIING. COPYl!GHIWOOCllEYAl!CKTEClUW.GIIOl-",NC.TKSE OIIAWM.SIMTNOT IIEUSED OR 0U'UC:AlHIWIIHOIJTnE 6G'l!E55WllfmtlPERMIISIONOfWOOOlFT'AAC:HTlCTURAlGIIOIJ', NC. 626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
DESIGN REVIEW 10.04.2023
.. -
colorado // 731 southpark dr. suite B
litllelon, co 80120 / 303 683.7231
calffornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.89 19
EXHIBIT F.11 – FLOOR PLANS (SCHEME 4 - SECOND FLOOR)
Item 1JJ - Page 66
=
A-17
·-1F=;==r=;==F,-----------,;==;=====r==;=====r==;=;i1r,==;e==;=====r==;====;::==;i-------r,=;==:;:::===;==;,-- , >·~
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PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
~ UP
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
I\
~ I
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J
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K ·(
G ~
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
I@ c--J
® ~ ~ ".'.J
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048SQ. FT.
241 SQ. FT.
1988 SQ. FT.
BUILDING 3221 I SECOND FLOOR
• •
l6I!Tim__E06l • •
NOTE: SQUARE FOOTAGE M.AY VARY BASED ON CALCULATION METHODS
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
HE5E OAAWNGS AA£t<J8-0mf-Olj OOIGtl DEVB.OPl,'&ll N-'0 ~ 8.-AAl SI\.OIES Of'<ll M<>AAE N0110 8E USED FOll>.NT OllO l'l!Rf'OU. SOCIIAS r.w_ Pl0Til'<GOR~"1. ENGt<EERNG. COl'l'R1GlflWOOOlE'f lv!ClflOClllfV,LGl!OUP. t>C. l~E OAAWl"GS """TNOlllEUSEDOROUPUCAIIDWJTHOVTIHEOO'RESS WIima< PERMISSION OfWOOO.El AAOIIT.CIIJRAI.GROUl'.NC. @
-
626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
b ;;;;;;;d.
DESIGN REVIEW 10.04.2023
woodley
architect.ural group,1nc
colorado // 731 southpark dr. suite B
lilllelon, co 80120 / 303 683.7231
coltfornla // 2943 pullman st. suite A
santa ana. ca 92705 / 949 553.8919
EXHIBIT F.12 – FLOOR PLANS (SCHEME 4 - THIRD FLOOR)
Item 1JJ - Page 67
A-18
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PLAN THREE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
I
I
1046 SQ. FT.
807 SQ. FT.
267 SQ. FT.
2120 SQ. FT.
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PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
BUILDING 3221 I THIRD FLOOR
• •
l6I!nill__E0 61 • •
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION MEll,OOS 699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
L d
DESIGN REVIEW I 0.04.2023
TKS~DAAWINGS AA!iffiENJHI FOR061GI" OEVROPM!NT ,',NOPRll.f4<AAT STLIJES ONLY NCIAl!lcNOITO!t"USfOFOR ANTOTIH!'\JRP05~ 5UCH /o.sfl'<Al PlOTTl'IGOR f l'<Al !NGJ<EBING. COP'fl!GHIWOOOI.E'I 1'~KTEClllRAlGROIJI', NC. lKSEORAI\I\NGS W,,Y NOTBEUIEOORDUPLCAlHl WIIHOUTlHEIXPllflS ~ l'B!M55IClt< OFWOOOLE'I NIOilll"CIURAL Gl!OUf',NC. ---
colorado // 731 southpark dr. suite B
littleton, co 80120 / 303 683.7231
colffornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.8919
EXHIBIT F.13 – FLOOR PLANS (POOL BUILDING)
Item 1JJ - Page 68
l
A-22
53'-6"
OPEN TO EXTERIOR OPEN TO EXTERIOR
r-------7
I I I I I ii
D r 7
I It
: :1
I II L _______ _J
I I
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----------: --- : ----------------, I I
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14'-6"
JANITOR/
POOL EQUIPMENT 0 • N
·a ( . I • •
l ___ .....,...
_________ nn _____________________________________ nn ______ _ CONCEPT PLAN 487 S.F.
• •
~ o ~1 _1_ • •
NOTE: SQUARE FOOTAGE MAY VARY BASED ONCALCULATIONMETHOOS 1>£SEIJAA~S A1'.ENID<lBIFORIJBGNDEVEl°""'8<1.....0PRB.Mt<"1l'f SM>BONlYMl>ARf.NOI TOIIEU,ffiFOIN<Y 011£RPU~E.SUCH"-lfl><ALl'lOTTNGORFNAl0;GNEll!NG. CO#'\'RIGHIWODIJLF< AltC>mCTlJRAL-. NC.Jt6EDAAl'IV<GS MAY NOIIIEU!BlORDYPUCAIEDwrttO.JIIHE EXPRBSWRITIEHPERMIISt:)N Of' WOOCl<EY~--NC b --J
DESIGN REVIEW l 0.04.2023
... -
colorado // 73 1 southpark dr. suite B
littleton, co 80120 / 303 683.7231
calHornla // 2943 pullman st. suite A
santa ana, ca 92705 / 949 553.8919
EXHIBIT G.1 – PRELIMINARY LANDSCAPE PLAN (OVERALL ILLUSTRATIVE PLAN) Item 1JJ - Page 69
/ \/ J / \/ I LJLJ LJLJ LJLJ
I I
:iJ
/ II I L Jl
nn nn \ I\ I
nn nn 151 / 152/ 155; l/31/ 11211 V V
'I V V V
NORTH H E RMOSA DR I V E
OVERALL ILLUSTRATIVE PLAN VIEW
PLANT MATERIAL LEGEND
. .
~
0 61 . .
OVERALL ILLUSTRATIVE PLAN
PALMS
Phoenix dad~ ifin.1
Vo:e "'aim
•
ChO'l'aerops hliMll"S
Mediterrooear I- O" Po -n
"1[Dll!M l '<.[ES
s,yv_ !\At-'!::
OPar.;lr,:,onio '?w,erl M,.r.;eum'
Deser: MuseuM "'a o Verofl
SIZ[
15 WH
'?IL::
SIZE
74 Hox
-o~ 13ronUl
v.5 26
WA-ER
lhA6~ GJANTllY
12 MTf";
L,SA0l G!UA'I "
:,,v ALL SH~JBS A!\:J 0~JN:.X.,OVL:RS
• • @)
•
•
[valwluc, gla,reratus Hue Jaze'
BIJe 7oze' [volwlu<,
o·«e la coer~leo
Blveocrry I ·1:1
_or1to<10 'vi'lite
'v,"·:e' ontana
_antono Pi..rp e'
'°tlt"p e' Lontcro
La"tona l\ev. 60 d
''le~ Gold' L mlono
OiC"O"lYO aroflnCa ''?i ver "alls
'Siver :=al ;1' Dic.,'70r1oro
Ro5e<nori"i.,', 'I v"'.irg'..on Goroe:'
M;nt1n9:on Ga"oet RinemCI<' :l
SIZE
I gal
I gol
I 901
'.,, 901
\
A A A A A
/22\ /251 /261 LJLJ LJLJ LJLJ LJLJ
--- ---- - - -
LJLJ
--- ---
I\ I \ /\ I \ I\ I
156 / 15!9/ 16(i)/ V V
B4
222
Oou.ia 1·cus ·r"ldiGO
lrdion .-;g
Aloe Vero
Med·c 1rol A oe
~ ""xe,o rostroto
~ Beok:.ed ..., JGGO
·.no ~ (\ ,;7 Agave po"fl::' v. Tn1ne,uta
,:;:.0':!,:;;;, N't"e,ho<e Agave
•
c...erevs ... 1 omonniarv<:>
ledge coc.lus
oorvf oro
V V
1",ATFR
SIL:: USA&.: GJANTITY
5 qol
15 ool/5' to L 2
5 t:x'ooc~ mn
5 go L .2
15 goh' rr'n. l .?
5 gol L .2
5 go -!' toll L .2
'.:> oronc.h min
5 901 L .2
43 22
26 52
20 3B
SY'-' NAt-'E
--- • ~
@
B::;>Jgo·nvi leo / vor-·o,.,s e,o ors
13oJgonvi lea
Col iondr'o hoe,oatc,wo 0 alo P-nk Pol"lder
1-'odod~"o 1.,ngn.;-c.o:i
Go: ·s G 01"1 Vne
AGGl:NTS
:,vM. NAMi:
Dese"l "'~seum Po o Verde
-
Tvrf/Art"'k::ol
'II:'-;- 0'-;0_,l\D GOVl::1-<:
I1-,=RT GROU'ID GOVF'< ~IL 9F,
Silt:
5 gal
I gol
VA'<.Ol,:? 0 ATF-RW-., OF- ROGK Sl7F-S A'lD COi ORS
3" 6 " ROG< GOBBLE
' - )" D=W'-'POSfD 6RA'IITF
0 <(
0 "'
0 0
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ll
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1"=20'
l'il\TFR
iJSA0:: QJANT llY
L2 36
IB
c£ ;A DESIGN GROUP
EXHIBIT G.2 – PRELIMINARY LANDSCAPE PLAN (PERIMETER STREETSCAPE/ENTRY) Item 1JJ - Page 70
EXIT GATE ----------------------\-
PEDESTRIAN GATE ----------------\-
\/\I
\ 11\ I
V V
ENTRY FEATURE PLAN VIEW
STREETSCAPE PLAN VIEW
. . ~ o 61 . . PERIMETER STREETSCAPE/ENTRY
PAVERS
-+------------------------INTEGRAL COLOR CONCRETE BANDS -+---------------------- EXPOSED AGGREGATE INFILL
+-------------!+------------ RAISED PLANTER
+-----"""?"~=ri---.-d.-------rr--- DECORATIVE GRILLEWORK PANEL +------,-½~--j,,-<'::'.1F~a... ..... a... ........... ....l~-- ENTRY GATE \/\I
\$01
V V
+--------1-1-1~--11-- -ll-----------ENTRY CONTROL
+-------W.11~~-~======'il------- RAISED PLANTER
~::id=====ttf";'r- ~ --t;;;;,:;::;,:;::;,~~~~- ANNUALS
/----t-lll~!Ht------------- COMMUNITY SIGN
+----------LOW ANNUAL PLANTER
SIDEWALK MATERIAL TYPES FOR ENTRY SURFACES COLORS AND PRODUCT LINES TO BE SELECTED LATER NORTH HERMOSA DRIVE ll
MAIN ENTRY
NORTH
1/8''=20
NORTH HERMOSA DRIVE
PRIMARY TREE
SECONDARY TREE ----I--
SECONDARY ACCESS ------------1---
PALM ACCENTS ----------------1--
LOW ANNUAL BED --------------------,Lll
NORTH
1''=20'
0 <{
0 °'
0 0
<{
~
<{
>--
V)
<{
w
d~ DESIGN GROUP
EXHIBIT G.3 – PRELIMINARY LANDSCAPE PLAN (PROJECT ENTRY EXHIBIT) Item 1JJ - Page 71
j-------------------------- COMMUNITY WALL
-t---------------- POP OUT WALL
--t--------- PAINTED SAND FINISH STUCCO
+-------dH--- RESIDENCE GATE
ENTRY FEATURE ELEVATION
---t----------------- ANNUAL PLANTER WITH POTS
-+------ HIGH PLANTERS
-1---- PEDESTRIAN GATE ENTRY CONTROL _________ ..J...
COMMUNITY SIGN---------\--
EXIT
ENTRY GATE ELEVATION
_______.I rn 1111 111 1
SECONDARY ACCESS
. .
~
0 61 . . PROJECT ENTRY EXHIBIT
ENTRY
GRILLEWORK
GRILLEWORK PATTERNS
SELECTIONS OF COLORS TBD
WALL CMU BLOCK COLORS TBD
Q
i"=I
COLORS FROM ARCHITECTURALS
EXHIBIT G.4 – PRELIMINARY LANDSCAPE PLAN (COMMUNITY RECREATION CENTER) Item 1JJ - Page 72
POOL coDE FENCE ------+--+-@f-~-'(-~------L-~c-R _,_ ----~~--cc_-::-_-cccJ __ cc_-cccc_-J ____ c_-c_-_#c--cccJ__cc_-cccc_-c_--_j-l_--_-_--_-_-_-_-_--_--_--_-+l_-_-_ __ -__ -__ -__ -___ --_--_--_--_1-l __ -~-----~-- ---::::~,,,, MAILBOX---------+-++-+-
OVERHEAD FOR MAILBOX
POOL CODE FENCE ------,L.
BBQ --------------------'-..l_....,L-
. .
~
0 6I . .
COMMUNITY RECREATION CENTER
POOL CODE WALL
GATE
/ ~---- --- SIDEWALK
1---------- COMMUNITY WALL
----- RESIDENCE
[
_J__ j;;;l __ i-2=:::::::::::J_ __ ANNUALS
7-¥.'~- --l=+---R"--'-"""'--- PALMS
ll
NORTH
3/16''=20'
SOUT H ELE VATION
E AST ELE VA TI ON
TYP. T.O.PLATE ",-, r-, •, 1;,-, ! 1 ,1, r
.... ,.,,,.,, ji''i
T.0. FON. WALL
WEST ELEVATION
TYP. T.0.PLATE
- - 1.0. FON. WALL
N OR TH ELEVATION
~ P L AN V I EW
N.T.S.
53'-6"
0 14'-6"
JANITOR/
t POOL ~QUIPMENT
12'-1!"
d ~ DESIGN GROUP
EXHIBIT G.5 – PRELIMINARY LANDSCAPE PLAN (PROJECT FRONT YARDS – TYPICAL) Item 1JJ - Page 73
A A A A A A
/19\ /20\ 121\
LJLJ
FRONT YARD TYPICALS PLAN VIEW
. .
~
0 ~11 . . NOTE: POT STYLE TO BE SELECTED IN THIS RANGE OF DESIGN
PROJECT FRONT YARD TYPICALS
A A A A A A
' 122\ 123\ 24\
LJLJ
I
ll
NORTH
3/16"=2(1
i DfSIGN d GROUP ~
EXHIBIT G.6 – PRELIMINARY LANDSCAPE PLAN (PROJECT SIGNAGE AND MAILBOX EXHIBIT) Item 1JJ - Page 74
' GRILLEWORK
COLORS TO MATCH ARCHITECTURAL ELEMENTS
GRILLEWORK
SIGNAGE STREET ELEVATION
• fl!!!""'----- DIRECTORY
NUMBER LOCATION --------------------------ISIGN ELEVATION--------------
PLANTER -------------
SIGNAGE/ENTRY GATE ELEVATION LOOKING SOUTH
• + ------------------- OVERHEAD FRAME WITH GRILLEWORK
MAILBOX ELEVATI ON
•
• •
~
0 61 • •
__,_ ______ POOL WALL
NOTE:
COLORS FOR GRILLEWORK ARE TBD
COLORS FOR CMU WALLS ARE TBD
PROJECT SIGNAGE AND MAILBOX EXHIBIT
ACCESS CONTROL
ENTRY GATE _________________ ____,,_
CAR TURN AROUND
i cl> ,4 DESIGN GROUP
EXHIBIT G.7 – PRELIMINARY LANDSCAPE PLAN (PROJECT PLAN EXHIBIT) Item 1JJ - Page 75
PLANT MATERIAL LEGEND PALMS SMALL SHRUBS AND GROUNDGOVERS ACCENTS ACCENTS V'IATER HATER WATER lt'-!ATER * SYM. NAME SIZE lJSA6E QUANTITY SYM NAME SIZE USAGE QUANTITY SYM. NAME SIZE USAGE QUANTITY SYM. NAME SIZE USAGE QUANT1 TY
Fhoenix dadylifera 1 15' BTH M .5 23 @ Evo lwlus glomeratus 'Blue Doze 6 5 gal M.5 84 15 gal 19 21 36 'Blue Daze· Evolwlus §\? Oputio Ficus-ind:co 13 L .2 .....;::,,... ~ ~ Bougainvillea / various colors 5 gal L 2 Dote Palm Indian Fig Muti-branch Bougainvillea
@ Dionello caerulea 7 o 5 gal M 5 Ill Ghomaerops humi1is 2 15 gal M.5 26 '<:-flo A loe Vero 14 5 gal L.2 43 Galliandra haematocepholo 22 5 gal. L .2 59 Mediterranean Fon Palm Blveberry Lily ~~~ Medicinal Aloe Pink Porider Puff MEDIUM TREES @) Lantana 'Yvlite 8 I gal M 5 222 15 gol/5' toll L .2 34 @ 23 18 'lt'tlite' Lantana @ Lophocereus marg:natus 15 Madodyeno unguis-cat gal L .2 IAIATER Mexican Fencepost 5 branch m·n Cat's Glov-1 Vine SYM. NAME SIZE USAGE QUANTITY @ Lantana "Purple' 9 I gal H .5 141 Purple' Lantana ,w Oputia rvfida 'Glockfac.e ' 16 5 gal L.2 22 ACCENTS 0 Pock:osania 'Desert Museum 3 48" Box L .2 12 _:,, I 'Glockfoce' Opuntio V'IATl::R @ Lantana Nel-i Gold' 10 gal M .5 159 "'A,;; SYM. NAME USAGE s.r. Desert Museum Palo Verde Loi,,.i Branch Yue.co roslrolo 15 gol/3' min. L.2 26 'Nev-1 Gold' Lontono ,:;::. YR .:::,. Beaked Yuao 17 CJ Tu,F/Artificiol @) Dichondra orgento 'Silver rol ls' 1 1 I gal 229 {!~ Desert Jv'.useum Polo Verde None SMALL TREES L .2 "::-(\'7 Agave po"ry· v. Tnmcoto 5 gal L .2 52 HATE;;;;?_ "Silver Falls' Dic.hondr'o .c.AF'i.::,. Artichok:.e Agave 18 SYM. NAME SIZE USAGE QUANTITY {!~ ® Rosemorinus 'Huntington Carpet 12 5 gal M .5 29
0 'Huntington Carpet' Rosemary ® Gereus hildmonnionus 19 15 gal 4' ta ll L.2 20 Annuals ~ season High Fraxinus 9re99ii 21 4 24' Box L .2 51 ' Hedge c.oGtus 5 branch min.
Little Leaf Ash Low Branch
0 Hesperaloe parv'f ora 20 5 gal L .2 38
0 Chilopsis linearis 'Art's Seedless' 5 24' Box M .5 3 Red Yucca Seedless Desert Wil low Low Branch INERT GROUND COVER
INERT GROUND COVER V'-!ILL BE:
VARIOUS PATTERNS OF ROCKS ZES AND COLORS
3"-6 '' ROCK COBBLE
l"-2" DECOMPOSED GRANITE
13 22
23 2
• •
~
0 61 4 • •
PROJECT PLANT EXHIBIT ~<!31r DESIGN GROUP
EXHIBIT G.8 – PRELIMINARY LANDSCAPE PLAN (PROJECT WALL/FENCE/GATE EXHIBIT) Item 1JJ - Page 76
STUCCO BAND OCCURS AT
END OF OUTSET
WALLS ON MAIN WALL
• WALL OUTSETS/SOUTH AND WEST/ INTERIO R WALLS/HIG H PLANTER WALL t"=I' • MAIN WALL ¾"=r
SAND FINISH STUCCO
• RESIDENT GATES
• •
~
0 ~11_ • •
PROJECT WALL/FENCE/GATE EXHIBIT
SAND FINISH STUCCO
ll
NORTH
N.LS.
NOTE: ALL BLOCK COLOR TO BE
SELECTED AT A LATER TI ME
18" VERTICAL STUCCO BAND
. GATE WALL/SAND FINISH STU CCO 6' HT --------+-
. MAIN WALL/6 ' HT. ------------\-
END OF JOGS ON MAIN WALl--;------a-----+
6" X 18" X 16" CMU BLOCK/HO NED ONLY O N OUTSETS ALONG STREET FRONTAGES [;)-···-- ___ ; __
/ i
/ ! __ ____ __ ___ _:· __
. WALL OUTSET/WALL JOGS OUT/6'_H_T-.~~~~~~Jf-;;f-- 7'~-/~-----------1----1--
SAND FINISH STU CCO
8" X 8" CMU BLOCK-NO N HONED
¾'°'=I • SAND FINISH STUCCO WALLS
COLOR
. MAIN WALL/6' HT.----------+
. GATE WITH l 8"STUCCO BAND RIG HT SIDE
. HIGH PLA NTER WALL/5' HT.--------+-
. LOW PLANTER WALL/SAND FINISH STU CCO 18" HT.
MIRRORED ON OPPOSITE SIDE OF ENTRY AND SIMILAR ON CORNER OF HERMOSA/AMADO • POOL CODE FENCE
COLOR
EXHIBIT G.9 – PRELIMINARY LANDSCAPE PLAN (PROJECT IMAGERY Item 1JJ - Page 77
•
~
•
0 61 • •
PROJECT IMAGERY ~ <:§ ~ DESIGN GROUP
EXHIBIT H – TENTATIVE TRACT MAP NO. 38776
Item 1JJ - Page 78
~(449)
----/
I
I
I
I
___ f ___ ;,
R/W
N8 9"58'01 ~£
N89°59'01 'W ' 329.46'
NB9'59'01 "W 281.45'
I
//
II
II
/
275.18'
NB9"5B'D1"E ~ 74.00'
I
10 ;'\~;
- t
"'
~
54-.00'
N89"58'01 "E
cl'
NB9"5B'Ol"E 17740' ----
CJ ---
~
iii
~--------"' !ll1----i------./
~ 26.00' TRACT BOUNDARY
~-,.;
---x
--
"" ~ a
s,' ~ ;j " :g
I-'
0 -.J
0 15
PROPERTY EXCEPTIONS I. INTENTIONALLY OMITTED ..
2. INTENTIONALLY OMITTED.
3. RESERVATIONS, EXCEPTIONS AND PROVISIONS CONTAINED IN THE PATENT FROM THE UNITED
STATES OF AMERICA, AND IN THE ACTS AUTHORIZING THE ISSUANCE THEREOF, RECORDED: FEBRUARY 18, 1958
RECORDING NO: BOOK 2224, PAGE 520, O.R.
© r~¥ffffffe l ·ii/iYJrtfRPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED TO: PURPOSE:
RECORDING DATE: RECORDING NO: AFFECTS:
THE CITY OF PALM SPRINGS
STREET RIGHT OF WAY FOR AW.DO ROAD
FEBRUARY 6, 1969
18910, OFFICIAL RECORDS
A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED
IN SAJD DOCUMENT.
® r~"tifffr l·i'ix:1J'JrtfRPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANT£D TO:
PURPOSE:
RECORDING DAT£: RECORDING NO:
AFFECTS:
6-7. INTENTIONALLY OMITT£D.
THE CITY OF PALM SPRINGS
STREIT RIGHT OF WAY AND PUBLIC UTILITY
OCTOBER 26, 1973
140.36B, OFFICIAL RECORDS
A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED
IN SAID DOCUMENT.
8. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS OR
ANY OTHER MATTERS SHOWN ON
MAP
RECORDED DATE:
RECORDING NO:
9 - 11. INTENTIONALLY OMITTED.
RECORD OF SURVEY
AUGUST 11 , 2014
BOOK J 42. PAGE 27. OF RECORD OF SURVEYS.
12. BEFORE THE ISSUANCE OF ANY TITLE INSURANCE UNDER THIS APPLICATION, THIS COMPANY ~Lt :52#).~E o7/'1~o'lfJ' ~iiMi~k %EW';Jp~~~ifl%r?% :itfRfJEJrfMITTED TO BUREAU OF IND/AN AFF"AJRS
~:.ri- tp~tiir~ 0~~6l201
PHONE: (760)416-3289
fJ. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC
RECORDS WHICH COULD BE ASCERTAINED BY MAKING INQUIRY OF THE LESSOR OR HIS
SUCCESSORS IN INTEREST IN THE LEASE REFERRED TO HEREIN OR OF THE DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAJRS.
14. ANY MATTERS THAT W.Y BE DISCLOSED BY AN EXAMINATION OF THE RECORDS OF THE DISTRICT LAND OFFICE OF THE BUREAU OF IND/AN AFFAIRS WHICH W.Y DISCLOSE, AMONG
OTHER THINGS, UNRECORDED EASEMENTS, RIGHTS OF WAY OR PROPRIETARY INTEREST, IF ANY, THAT W.Y HAVE BEEN GRANTED BY THE UNITED STATES OF AMERICA.
15. TTTl.E IS SUBJECT TO ALL MATTERS DISCLOSED ON A CURRENT TITLE STATUS REPORT FROM
THE BUREAU OF INDIAN AFFAJRS, CERTIFIED AND VERIFIED AS OF THE DATE OF THE
TRANSACTION TO BE INSURED, TOGETHER WITH COPIES OF ALL ENCUMBRANCES LISTED THEREON, MUST BE SUBMITTED.
16. INTENTIONAl.1_ Y OMITTED.
17. APPROVAL OF THE POLICY OR COMMfTMENT OF TITl.E INSURANCE ANTICIPATED BY THIS
REPORT BY REGIONAL COUNSEL OF THE COMPANY IS REQUIRED PRIOR TO THE
RECORDATION OF THE INSTRUMENTS REQUIRED TO COMPLETE THIS TRANSACTION AND THE ISSUANCE OF SUCH POLICY OR COMMfTMENT. THE RIGHT IS RESERVED TO W.KE ADDITIONAL EXCEPTIONS AND/OR REQUIREMENTS UPON SUCH REVIEW.
1B. INTENTIONALLY OMITTED.
19. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS.
20. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION AND/OR BY A CORRECT ALTA/NSPS LAND TITLE SURVEY OF SAID LAND THAT IS SATISFACTORY TO THE COMPANY, AND/OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
21. ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAJD LAND, WHICH RIGHTS ARE NOT DISCLOSED BY THE PUBLIC RECORDS.
PROJECT SUMMARY wr 1 wr 2 LOT J
LDT 'A'
1.65 ACRES (72,079.00 S.F.)
0.74 ACRES (32,111.99 S.F.)
0.52 ACRES (22, 790.6B S.F.)
1.13 ACRES (49,019.49 S.F.)
u.NDSCAPE LO1S:
LOT 'B' 0.03 ACRES (1,238.75 S.F.)
LOT 'C' 0.08 ACRES (3,312.52 S.F.)
LOT 'D' 0. 10 ACRES (<. 179.64 S.F.) LOT '£' 0.002 ACRES (85.67 S.F.) - AN fASEMEl'fT FOR PUBUC RIG/fr-OF-WAY AND PUBUC UTIUTY PURPOSES TO BE RECORDED BY A SfPARAT£ INSTRUMEl'fT.
STREEr LO1S:
LOT 'r O.JO ACRES (13,178.30 S.F.)
LOT 'G' 0.42 ACRES ( 18,512.69 S.F.)
TOTAL= 4.97 GROSS ACRES (216,508.73 S.F.)
EXIS11NG ZONf: RA I.L.
/.#ETAS/£
UN£ I I LENGTH I BEARING
L1 I 15.00' I SB9'58'0 I "w
L2 I 11.J2' I S45'01'59"'E:
~ CIIWED4TA
CURVE I l£NGTH RADIUS DcLTA
Cl Jl.40' 20.00' B9.57'02•
C2 23.56' 15.00' 90•00'00"
30 60 120 CJ 6.28' -4.00' 90·00'00· DETAIL 'A'
IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA
TENTATIVE TRACT
MAP 38776 BEING THEE 1/2 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.
OCTOBER 9, 2023
FOR LEASE AND CONDOMINIUM PURPOSES
• •
~
0 61 • •
DEVELOPER/APPLICANT
GHA COMPANIES/GHA INVESTMENTS 30875 DATE PALM DRIVE SUITE C-2 CATHEDRAL CITY, CA 922.34
TEL: 760.969.1400
OWNER
PREPARED BY HEITEC CONSULTING 777 EAST TAHQU/TZ CANYON WAY SUITE .309 PALM SPRINGS. CA 92262
TEL: 760.J40.9060
THE UNITED STATES OF AMERICA IN TRUST FOR THE AGUA CALIENTE BAND OF CAHUILLA /NO/ANS, A FEDERALLY ORGANIZED IND/AN TRIBE 5401 DINAH SHORE ORNE PALM SPRINGS, CA 92264
TEL:: 760.699.6800
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE C/1Y OF PALM SPRINGS IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
GOVERNMENT LOT 154, BEING THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE Cf1Y OF
PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DATED JULY 8, 1988.
PORTION OF APN: 508-070- 020
UTIUTY PURVEYORS
DESERT WATER AGENCY
1200 S. GENE AUTRY TRAIL
PALM SPRINGS, CA 92262
(760) 323-4971
SO. CALIFORNIA EDISON
36100 CATHEDRAL CANYON DR.
CATHEDRAL CITY, CA 92234 (760) 202-4291
SPECTRUM
41725 COOK STREIT
PALM DESERT, CA 92211
(760) 674- 5472
FRONTIER
295 N. SUNRISE WAY
PALM SPRINGS, CA 92262
(800) 483-4000
SO. CALJFORNIA GAS COMPANY
21 1 N. SUNRISE WAY
PALM SPRINGS, CA 92262
(800) 427-2200
CITY OF PALM SPRINGS
C/0 VEOLIA WA1ER (SEWER) P.O. BOX 2703
3200 TAHQU/TZ CANYON WAY
PALM SPRINGS, CA 92262
(760) 32J-8166 EXT. 2
LEGEND:
~ CENTERLINE
EX. EXISTING
AC. ACRES
S.F. SQUARE FEET
R/W RIGHT OF WAY
CENTERLINE
TRACT BOUNDARY
FUTURE RIGHT OF WAY
--- I C4 1-4.1-4' 9.00' 90·00·00· SCALE, 1 •- 20' VICINITY MAP GRAPHIC SCALE 1' = 2lJ cs J.1-4' 2.00· MICHAEL 0 . HACKER, R.C.E. NO. 55606
90·00·00·
BENCHMARK: 14-J
ELEVATION: 445,931
2" BRONZE DISK STAMPED "C.P.S. B.M. 14- J
RESET 1979". SET IN TOP OF CURB E.S.E.
RETURN AT THE INTERSECTION OF HERMOSA
DRIVE AND AMADO ROAD.
NOT TO SCALE
AGUA CAL.ENTE BAND OF CAHUII..LA HJ/ANS
TENTATIVE IBACT MAP 3f1776
GOVERNMENT LOT 154
PORTION OF APN 508-070-020 BEING TI-lE E 1/2 OF TI-lE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 Of SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST. S.B.M.
FOR: W.O. COUNTY
FILE NO. GHA COMPANIES 230201
SH[U NO
C2
OF~ SHTS
APPENDIX A
TEPA/NEPA ENVIRONMENTAL ASSESSMENT
Item 1JJ - Page 79
Latitude 61 Townhomes
Environmental Assessment
TEPA/NEPA Environmental Assessment
for the
Latitude 61 Townhomes
Palm Springs, CA
September 2023
Prepared for:
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
Bureau of Indian Affairs
2800 Cottage Way
Sacramento, CA 95825
Prepared By:
Terra Nova Planning & Research, Inc.®
42635 Melanie Place, Suite 101
Palm Desert, California 92211
Item 1JJ - Page 80
Latitude 61 Townhomes
Environmental Assessment
2 TABLE OF CONTENTS
1.0 PURPOSE AND NEED ....................................................................................................... 4
2.0 PROJECT ALTERNATIVES AND COMPARISON .................................................... 23
2.1 No Action Alternative ................................................................................................. 23
2.2 Allowed by Zone Alternative ...................................................................................... 23
2.3 Preferred Alternative ................................................................................................... 25
3.0 ENVIRONMENTAL IMPACTS ...................................................................................... 27
3.1 Land Resources ........................................................................................................... 27 A. Topography ........................................................................................................... 27 B. Soils ...................................................................................................................... 27 C. Geologic Hazards .................................................................................................. 27
3.2 Water Resources ......................................................................................................... 29
3.3 Air Quality .................................................................................................................. 34
3.4 Living Resources ........................................................................................................ 39 A. Wildlife ................................................................................................................. 40 B. Vegetation ............................................................................................................. 41 C. Ecosystems ............................................................................................................ 41 D. Agriculture ............................................................................................................ 42
3.5 Cultural Resources ...................................................................................................... 42
3.6 Socioeconomic Conditions ......................................................................................... 45 A. Employment and Income ...................................................................................... 45 B. Demographic Trends ............................................................................................. 45 C. Lifestyle and Cultural Values ............................................................................... 45 D. Community Infrastructure ..................................................................................... 46 E. Environmental Justice ........................................................................................... 48
3.7 Resource Use Pattern .................................................................................................. 49 A. Hunting, Fishing, Gathering ................................................................................. 49 B. Timber Harvesting ................................................................................................ 49 C. Agriculture ............................................................................................................ 49 D. Minerals ................................................................................................................ 49 E. Recreation ............................................................................................................. 49 F. Transportation ....................................................................................................... 50 G. Land Use Plan ....................................................................................................... 53
3.8 Other Values ............................................................................................................... 53 A. Wilderness ............................................................................................................. 53 B. Noise ..................................................................................................................... 54 C. Visual and Light .................................................................................................... 56 D. Public Health and Safety ....................................................................................... 57 E. Climate Change (Greenhouse Gasses) .................................................................. 58 F. Indian Trust Assets ............................................................................................... 60 G. Hazardous Materials ............................................................................................. 60
4.0 MITIGATION .................................................................................................................... 62
4.1 Land Resources Mitigation ......................................................................................... 62 Item 1JJ - Page 81
Latitude 61 Townhomes
Environmental Assessment
3 4.2 Air Quality Mitigation ................................................................................................ 62
4.3 Living Resources Mitigation ....................................................................................... 63
4.4 Cultural Resources Mitigation .................................................................................... 63
4.5 Resource Use Mitigation ............................................................................................. 64
4.6 Other Values Mitigation ............................................................................................. 64
5.0 LIST OF CONTRIBUTORS ............................................................................................ 65
6.0 CONSULTATION ............................................................................................................. 65
7.0 BIBLIOGRAPHY .............................................................................................................. 65
APPENDICES
Appendix A Air Quality and Greenhouse Gas Emission Outputs for Latitude 61 CalEEMod Version 2022.1.1.18 .................................................................................................67 Appendix B US Fish and Wildlife Service Species List for Latitude 61 Townhomes ...............68 Appendix C Geotechnical Report ..................................................................................................69 Appendix D Hydrology and Drainage Report ...............................................................................70
EXHIBITS
Exhibit 1 Regional Location Map ................................................................................................7 Exhibit 2 Vicinity Map .................................................................................................................8 Exhibit 3 Project Location Map ...................................................................................................9 Exhibit 4 Project Site Plan .........................................................................................................10 Exhibit 5a Example Three Unit Building, Front and Rear Elevations ........................................11 Exhibit 5b Example Three Unit Building, Right and Left Elevations .........................................12 Exhibit 5c Example Three Unit Building, First Floor, Floor Plan ...............................................13 Exhibit 5d Example Three Unit Building, Second Floor, Floor Plan ..........................................14 Exhibit 5e Example Three Unit Building, Third Floor, Floor Plan .............................................15 Exhibit 6a Example Four Unit Building, Front and Rear Elevations ..........................................16 Exhibit 6b Example Four Unit Building, Right and Left Elevations ...........................................17 Exhibit 6c Example Four Unit Building, First Floor, Floor Plan ................................................18 Exhibit 6d Example Four Unit Building, Second Floor, Floor Plan ............................................19 Exhibit 6e Example Four Unit Building, Third Floor, Floor Plan ...............................................20 Exhibit 7a Recreational Facility Elevations .................................................................................21 Exhibit 7b Recreational Facility Floor Plan .................................................................................22 Exhibit 8 FEMA Flood Hazard Maps ........................................................................................33
TABLES
Table 1 Project Summary Table .....................................................................................................5 Table 2 Water Demand at Project Buildout .................................................................................31 Table 3 Maximum Daily/Annual Construction-Related Emissions Summary ............................37 Table 4 Maximum Daily Operational-Related Emissions Summary (pounds per day) ..............38 Table 5 Estimated Solid Waste Disposal at the Project Buildout ................................................47 Table 6 Level of Service Definitions for Roadway Segments .....................................................51 Table 7 Existing Segment Daily Level of Service .......................................................................52 Table 8 Representative Environmental Noise Levels ..................................................................54 Table 9 Projected GHG Emissions Summary (Metric Tons) ......................................................60 Item 1JJ - Page 82
Latitude 61 Townhomes
Environmental Assessment
4 1.0 PURPOSE AND NEED
Introduction
This Environmental Assessment (EA) has been prepared to comply with the Agua Caliente Band of Cahuilla Indians (the “Tribe”) Tribal Environmental Policy Act (TEPA; Chapter 5.04 of the Agua Caliente Tribal Code), and with the National Environmental Policy Act (NEPA) of 1969, as amended (42 USC 4321 et seq.), and the Bureau of Indian Affairs (BIA) NEPA Guidebook 59 IAM3.
The EA will analyze the potential effects of the proposal by GHA Amado PS, LLC to develop the proposed townhome project known as Latitude 61 (the “Project”). The Project is proposed on
4.2+/- net acres of vacant land located on Agua Caliente Band of Cahuilla Indians Tribal Trust land. The Project proponent will lease the parcel from the Tribe through a lease agreement processed by the Bureau of Indian Affairs.
The Project site is located in the City of Palm Springs, on the southwest corner of East Amado Road and North Hermosa Drive. See Exhibits 1-3 at the end of this chapter.
The Tribe will serve as the lead agency for the Project and will use the EA to determine if the proposed development on Tribal property would significantly impact the quality of the natural environment. In addition, the Bureau of Indian Affairs (BIA) is the lead agency for the land lease between the Tribe and GHA Amado PS, LLC.
Purpose and Need
The BIA is responsible for the review of land leases between the Tribe, its allottees and lessees.
As part of this review, the BIA is required to consider the Project’s impacts on the environment consistent with NEPA and the BIA NEPA Guidebook.
The Tribe is considering this Project in the context of its economic development and diversification. The development of the Project will generate income for the Tribe, and broaden its economic base by adding a long term revenue stream to Tribal enterprises that supports Tribal self-sufficiency and self-governance.
Proposed Project (Preferred Alternative)
GHA Amado PS, LLC proposes the construction of 61 single-family attached townhomes on approximately 4.2 acres of vacant land. The Project will consist of 17 three-story buildings with three to four units each and communal recreational amenities including a pool, spa, and BBQ area (see Exhibit 4 and Table 1 below). The maximum height proposed is 34 feet, which is within the 35-foot maximum allowed in the Resort Attraction designation of the City’s Section 14 Specific Plan. Three floor plans are proposed ranging from 1,770-2,120 square feet offering two to three bedrooms and 2.5 to 3.5 bathrooms. Each unit will have an attached two-car garage, two secondstory balconies, a roof top deck, and a private yard with small pool (“spool”). All plans will be constructed in a modern architectural style with unique architectural features. Project landscaping will feature drought tolerant desert-scape.
Item 1JJ - Page 83
Latitude 61 Townhomes
Environmental Assessment
5 Development Permit, Design Review and Tract Map applications for the Project will be processed through the Tribe.
Table 1
Project Summary Table
Total Site Acreage 4.2 acres
Number of Units/Density 61 townhomes/ 14.4 units per acre Maximum Allowed Height/Proposed Height 35 feet/ 34 feet Onsite Amenities Recreation area with community pool and restroom facilities (487 S.F.)
Number of Parking Spaces
122 garage spaces
33 guest parking spaces
155 total parking spaces
(2.54 spaces per unit)
Project Floor Plan Details
Floor
Plan
Living Area
(Square Feet)
Number
of Units
Number of
Bedrooms
Number of
Bathrooms Features
1 1,770 19 2 2.5 All floor plans have a private yard, a private “spool” (spa/pool approximately
10 x 10 feet), two-car garage, two
second-story balconies, and a thirdstory roof deck
2 1,988 27 3 2.5
3 2,120 15 3 3.5
The Project also includes private roadways with two entrances/exits accessible via Hermosa Drive – a central main driveway, and a secondary emergency access point near the northern boundary.
The Project also includes street, sidewalk and landscaping improvements along Amado Road and Hermosa Drive.
The Project will result in added housing units on Tribal land in the City of Palm Springs, expanding the housing inventory for both Tribal Members and the residents of the City. The Project will also broaden the Tribe’s economic development portfolio and provide added long-term revenues in the form of land lease revenues.
Timeframe
The Project proponent anticipates construction will begin in May 2024 with buildout in September 2026 (28-month construction timeline).
General Setting
The Project site is 4.2+/- acres of vacant property located on Tribal Trust land in the City of Palm Springs. The Project site is located in the center of the City, in an urbanized area within the City’s downtown. The site is within the Agua Caliente Band of Cahuilla Indians’ Reservation, which includes 31,500 acres in the western Coachella Valley. This property is Tribal Trust land, but the Reservation also includes Allotted and Fee land in a checkerboard pattern in Palm Springs, Cathedral City and Rancho Mirage, and portions of unincorporated Riverside County. The Project Item 1JJ - Page 84
Latitude 61 Townhomes
Environmental Assessment
6 site is zoned as Tribal Enterprise by the Tribe’s Land Use Ordinance (Chapter 9.04 of the Agua Caliente Tribal Code), with permitted uses subject to Tribal Council determination.
Primary access to the Project site is provided by Hermosa Drive on the eastern border of the property, with gated emergency access provided north of the main access. Adjacent land uses include a mix of uses and vacant land, with surrounding development as follows: Amado Road and multi-family residential to the north, Hermosa Drive and multi-family residential to the east, senior housing to the south (Living Out Palm Springs, currently under construction), and vacant lands to the west. The Project site is currently vacant with sparse desert vegetation.
Item 1JJ - Page 85
Item 1JJ - Page 86
Source: Google Maps, 2023
r"'.., ®
~ ....4 TERRA NOVA PLANNING & RESEARCH, INC.
® / Coachella
$ ®
J,
Latitude 61 Townhomes
Regional Location Map
Palm Springs, California
Thermal
North Shore
Oasis
Salton A
07.27.23 Exhibit
~
Item 1JJ - Page 87
Source: Google Maps, 2023
r"'.., ®
~ ....4 TERRA NOVA PLANNING & RESEARCH, INC.
Latitude 61 Townhomes
Vicinity Map
Palm Springs, California
07.27.23 Exhibit
0 Item 1JJ - Page 88
Source: Google Earth Image, 06. 2021
r--- ..., ®
..._. ~TERRANOVA PLANNING & RESEARCH, INC.
Latitude 61 Townhomes
Project Location Map
Palm Springs, California
08.09.23 Exhibit
0 Item 1JJ - Page 89
AMADO ROAD UNfT I f8oU:fr
1564'
1596'
1597'
2288'
1561 '
1759'
1759'
PROJECT SUMMARY
ACREAGE ........... ... .... ....... .... .................... ..... 4.24 NETEXISTING ZONE. ... .................. ..................... RA I.L.
PARKING SPACES PROVIDED (9'X17')........ 33 SPACES
CONDO UNITS ............................. .... ... .......... 61 UNITS [AN 1 1,770 SQ.n:•• ......................... 19 HOMES
LAN 2 (1,988 SQ.FT ... ) 27 HOMES
PLAN 3 (2, 120 SQ.FT. • *) ......................... 15 HOM£S LEGEND:
1\ 10T£; SOME: llEMS !IAY NOT 8£
j;,•.,;,,::1c1\1'A HARDSCAPE ----{Jl'-- WATER MAIN
(E.Q) PAD ELEVAnON WATER MEIER
P/L PROPERTY UN£ [QI PALM TREE LOCATION
R/W RIGHT OF WAY 8-) TYPE "A• STREET UGHT
S/W SIDEWALK ~ TYPE "B" STREET LIGHT
L/A LANDSCAPE AREA ~ SINGLE FLOOR ELEMENT
PL/CABL. OR TH[ LOT SHOWN H_REON.
229B'
1772'
10 1766'
2566'
NOTE:
*£XCLUDES PUBLIC RIGHT OF WAY EASEMENTS
**REFER TO ARCHITECT'S PLANS FOR SQUARE FOOTAGE BREAKDOWN EX. EXISTING ~ AREA FOR UNDERGROUND
TC TOP OF CURB STORAGE CHAMBERS
P12 PARKING SPACE NUMBER
PUBLIC unurr EASEMENT
12 l59J' ----a-- SEWER MAIN WALLS AND FENCING
1J 1771' SEWER LATERAL BLOCK WALL
1772' - so-- STORM DRAJN REJA/NING WALL
~ 15
~; 16
1780'
1779'
1771'
TYPICAL smEET SECTIONS NOT TO SCAlE
~TOP =i.,.= GATE
2, 1 SLOPE (OR OTHERWISE --i._.,- FtNC[
TOE NOTEO)
!i 18 1772'
21 ~ ~
ii
~ '-
'--
1780'
2Jl4'
1772'
1772'
1780'
1779'
1772'
177J'
~==!==J ==!==5• ~~: ~ MAIN NORTH & EAST STREET SECTION MAIN 1573'
2286'
h ii ~;
1616'
1577'
1576'
~ =eR=j=l=•=s===t==5•==+(=r==~==:~=eR=:r:lh_ ;i===cON=c=:=,:=:=•:====::filµ ~ ~ ;;\
ANOR!AS ROAD I
[AST TAHOUITZ CANYON WAY
I
('I')
C\J
0 C\J
..,f
C\J
c::i
0)
C
.::;
"S
CJ)
C
0 ()
u
1597'
JJ 1598'
2056'
1574'
16 12'
J7 2118'
2062'
1580"
1566'
2242'
42 1653'
4J 2185'
2177'
165J'
2180'
1722'
48 1661'
222B'
1688"
1704'
1702'
2201·
1688"
55 l70J'
1704'
STAGGERED
BLOCK WALL
MAIN WEST STREET SECTION MAIN
,· t:.. l-- WATER
MAIN
SOUTH STREET SECTION
J '
----!!_
AMADO ROAD
SOUTH
R/W
2 "ii>
I
(I)
~ ::,
0 Cl)
~t.:t=-i:::t:1t=..:t~ULJLLL,)J .._______,_____ 58
~y ::: , 2148'
1688'
r-- ..., ®
~ ....4 TERRA NOVA PLANNING & RESEARCH, INC.
Latitude 61 Townhomes
Project Site Plan
Palm Springs, California
LOT
LJNE
UTILrrY PURVEYORS DES£RT WATER AGENCY 1200 S. GEN[ AUTRY IRAIL PALM SPRINGS, CA 92252
(750) 323-497 1
SQ CAl IFORNIA EDISON
35100 CATHEDRAL CANYON DR.
CATHEDRAL CITY, CA 92234
(750) 202-4291
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41 725 COOK STREET
PALM DESERT, CA 92211
(750) 574- 5472
VICINITY MAP NOT TO SCALE
FRONU[R
295 N. SUNRISE WAY
PALM SPRINGS, CA 92252
(800) 483-4000
SQ. CAIIFORNIA GAS COMPANY
211 N. SUNRISE WAY
PALM SPRINGS, CA 92252
(800) 427-2200
CITY OF PALM SPRINGS
Clo YfO/ IA WATER /SfWERl P.O. BOX 2703
3200 TAHOUITZ CANYON WAY
PALM SPRINGS, CA 92252
(750) 323- 8155 EXT. 2
10.24.23 Exhibit
0 Item 1JJ - Page 90
Source: Woodley Architectural Group, Inc., 10.04.2023
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UNIT l UNIT2 UNIT 3
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Latitude 61 Townhomes
Example 3 Unit Building: Front and Rear Elevations
Palm Springs, California
10.05.23 Exhibit
G
Item 1JJ - Page 91
UNIT l
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Source: Woodley Architectural Group, Inc., 09.05.2023
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Latitude 61 Townhomes
Example 3 Unit Building:
Right and Left Elevations
Palm Springs, California
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08.24.23 Exhibit
G
Item 1JJ - Page 92
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Latitude 61 Townhomes
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Example 3 Unit Building: First Floor, Floor Plan
Palm Springs, California
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08.24.23 Exhibit
G
Item 1JJ - Page 93
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PLAN THREE
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TOTAL LIVING
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1988 SQ. FT.
Latitude 61 Townhomes
PLAN ONE
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Palm Springs, California
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Exhibit
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Item 1JJ - Page 94
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Latitude 61 Townhomes
Example 3 Unit Building: Third Floor, Floor Plan
Palm Springs, California
626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770SQ. FT. 08.24.23
Exhibit
G
Item 1JJ - Page 95
MAX. BLDG. HGT
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Source: Woodley Architectural Group, Inc., 10.04.2023
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REAR ELEVATION
Latitude 61 Townhomes
Example 4 Unit Building: Front and Rear Elevations
Palm Springs, California
10.05.23 Exhibit
G
Item 1JJ - Page 96
RIGHT ELEVATION
UNIT 3
LEFT ELEVATION
Source: Woodley Architectural Group, Inc., 09.05.2023
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Latitude 61 Townhomes
Example 4 Unit Building:
Right and Left Elevations
Palm Springs, California
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08.24.23 Exhibit
8 Item 1JJ - Page 97
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Latitude 61 Townhomes
Example 4 Unit Building: First Floor, Floor Plan
Palm Springs, California
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08.24.23 Exhibit
G
Item 1JJ - Page 98
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Palm Springs, California
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08.24.23 Exhibit
G
Item 1JJ - Page 99
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267 SQ. FT.
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Source: Woodley Architectural Group, Inc., 09.05.2023
r-- --, ®
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PLAN TWO
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
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1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
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FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOT AL LIVING
Latitude 61 Townhomes
699 SQ. FT.
1048 SQ. FT.
241 SQ. FT.
1988 SQ. FT.
Example 4 Unit Building: Third Floor, Floor Plan
Palm Springs, California
_____________________ J
PLAN ONE
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
626 SQ. FT.
893 SQ. FT.
251 SQ. FT.
1770 SQ. FT.
08.24.23 Exhibit
G
Item 1JJ - Page 100
FRONT ELEVATION
TYP. T.O. PLATE
- T.O. FDN. WALL
REAR ELEVATION
Source: Woodley Architectural Group, Inc., 09.05.2023
r"'.., ®
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,.._ ___ _
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Latitude 61 Townhomes
Recreational Facility Elevations
Palm Springs, California
RIGHT ELEVATION
TYP. T.0. PLATE
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10.03.23 Exhibit
G
Item 1JJ - Page 101
53'-6"
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14'-6"
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---------~0-------------------------------------~ ------- Latitude 61 Townhomes
Recreational Facility Floor Plan
Palm Springs, California
08.24.23 Exhibit
G
Latitude 61 Townhomes
Environmental Assessment
23 2.0 PROJECT ALTERNATIVES AND COMPARISON
2.1 No Action Alternative
The No Action Alternative would leave the Project site in its existing vacant condition. The No Action Alternative would not diversify Tribal enterprises and would not increase the Tribe’s long term income opportunities. This alternative would not support the Tribe’s economic development goals, but provides a baseline for the analysis of the other alternatives considered in this Environmental Assessment.
2.2 Allowed by Zone Alternative
The Project is located within the planning area of the City’s Section 14 Specific Plan, but is not subject to it due to the Tribal Trust land status. The Project site is under the Specific Plan’s ResortAttraction (RA) land use designation, and the Allowed by Zone Alternative considers a hotel development that is a permitted use under the RA designation. The Specific Plan estimated a development potential of 2,867 rooms on the 124.4 acres under Resort-Attraction designation, which equates to 23 rooms per acre. Using that average, this alternative would consist of a 97- room hotel on 4.2 acres. This alternative would comply with all commercial development standards applicable to hotel uses in the Section 14 Specific Plan. The hotel buildings would consist of two floors with a maximum height of 35 feet and potential rooftop structures such as a partially covered bar and entertainment area. The hotel would provide 40% (1.68 acres) open space that would consist of usable landscaped area and outdoor living and recreation area. A total of 73 parking spaces (0.75 spaces per room) would be provided for all uses, including 4 EV charging spaces and 3 handicapped spaces, and 50% of all spaces would be shaded. The infrastructure (water, sewer, and storm drain) required to serve this alternative is available in surrounding streets and would be capable of serving the hotel use based on the limited number of hotel rooms proposed.
Because of the more intense use associated with 97 hotel rooms, this alternative would have greater impacts than the Preferred Alternative, such as traffic, noise and air; but impacts to natural resources would be similar insofar as the Allowed by Zone Alternative would disturb the same land area as the Preferred Alternative. Therefore, impacts associated with biological, cultural and land resources would be similar under both alternatives.
Land Resources
Both the Preferred Alternative and the Allowed by Zone Alternative would disturb the entire site, and require similar amounts of grading, soil compaction and compliance with seismic requirements. Soils, geology and topography would be impacted equally under either alternative.
Water Resources
The 97 hotel rooms that would occur under the Allowed by Zone Alternative would result in substantially greater water use than the Preferred Alternative’s 61 townhomes because of the greater number of units.
Item 1JJ - Page 102
Latitude 61 Townhomes
Environmental Assessment
24 Impacts associated with surface water and flooding would be similar under either alternative because the entire site would be disturbed and built upon in either case. The same standards for flood control and surface water pollution protection would be applied to either alternative, and the method of flood control would be implemented for both alternatives.
Air Quality
Both the Preferred and Allowed by Zone Alternatives would have similar air quality impacts during the construction period, since grading areas and construction equipment use would be similar in both cases. Operational emissions over the life of either project would be higher under the Allowed by Zone Alternative, as would cumulative air quality impacts, because of the higher traffic volumes generated by 97 hotel rooms, rather than 61 residences.
Living Resources
There are no agricultural lands in Palm Springs, so impacts to those resources would not occur under either the Preferred or Allowed by Zone Alternatives. Impacts to wildlife, vegetation and ecosystems would be similar for either alternative, since the site will be fully graded and currently occurring living resources would be removed. However, the site occurs in an urbanized area, and the species expected to occur on the site are common species. In addition, projects under both alternatives would be required to contribute the mitigation fee required for the Valley Floor under the Tribal Habitat Conservation Plan, which is designed to lower impacts to sensitive species.
Cultural Resources
Potential impacts on historical, archaeological and religious resources will be similar for both alternatives. Both alternative projects would be required to undertake consultation with the Tribal Historic Preservation Office prior to disturbance of the site. The Tribal Historic Preservation Office also requires, as a standard requirement, that there be Tribal monitoring during the grading and trenching phases of both the Allowed by Zone and Preferred Alternatives.
Socioeconomic Conditions
The Allowed by Zone Alternative would likely generate greater revenue than the Preferred Alternative, due to the generation of sales and transient occupancy tax, in addition to the likely greater value associated with a commercial lease of Tribal lands. The costs associated with police, fire and utilities would be somewhat greater for the Allowed by Zone Alternative due to the more intense land use. The Allowed by Zone Alternative will also generate new jobs at the site, both for Tribal Members and residents of Palm Springs in general. Although some jobs will be generated by the Preferred Alternative, these would be limited to service jobs associated with maintenance of both private residences and common areas.
Resource Use Patterns
Neither the Allowed by Zone or the Preferred Alternatives would have any impact on hunting, timber or mineral resources, insofar as neither hotel nor residential projects would generate a need for these activities. However, none of these resources occur on the site, which consists of sparse desert vegetation unsuitable for hunting, timber or the mining of mineral resources.
Item 1JJ - Page 103
Latitude 61 Townhomes
Environmental Assessment
25 Transportation
The Preferred Alternative would have lower impacts on traffic than the Allowed by Zone Alternative, due to the intensity of development associated with a hotel. Both Amado Road and Hermosa Drive are paved roadways, but not fully improved along the boundaries of the Project site. Both alternatives would be required to provide street, curbs, sidewalks and parkway improvements as part of Project construction. Both alternatives would have access to SunLine Transit bus routes which currently operate on Tahquitz Canyon Way. Because of the higher trip generation associated with the Allowed by Zone Alternative, it would have a greater impact on the City’s street system, but as identified in the Section 14 Specific Plan EIR/EIS and subsequent Environmental Assessment for the Specific Plan’s 2014 Update, the impacts were to be less than significant on area roadways for development consistent with the Allowed by Zone Alternative.
Therefore, since the Preferred Alternative would generate fewer trips, it also would have less than significant impacts on area roadways.
Other Values
The Allowed by Zone Alternative would have greater impacts associated with noise, light and visual resources because of the greater intensity of development, and the mass of a hotel building, when compared to 61 townhomes which would be split between 17 smaller building structures.
Also, the activity level associated with the Preferred Alternative would be less, resulting in lower noise impacts and public health and safety impacts. The use of hazardous materials associated with cleaning and pool maintenance products would be greater for the Allowed by Zone Alternative than the Preferred Alternative, again due to the scale of development.
The Allowed by Zone Alternative would generate higher levels of greenhouse gases than the Preferred Alternative because of the higher number of trips associated with that alternative.
However, the quantity expected to be generated by both alternatives would be below the 3,000 Metric Tons of CO2-equivalent emissions per year threshold established by the South Coast Air Quality Management District (SCAQMD), which manages air emissions in the City and region.
Both alternatives would improve Tribal assets, insofar as they would result in increased revenues to the Tribe. As discussed above, the Allowed by Zone Alternative would result in higher revenues than the Preferred Alternative, due to sales and transient occupancy tax revenues associated with a hotel use.
2.3 Preferred Alternative
As summarized above, and described in greater detail in Section 3 of this document, the Preferred Alternative would not result in any significant impacts to the human environment, with the inclusion of the Tribe’s standard conditions, and the mitigation measures included in Section 4 of this document. The No Action Alternative would have no impact on the human environment because no construction would occur, but this alternative would also not provide the Tribe with any revenue stream, nor would it expand available housing stock in the region.
The Allowed by Zone Alternative would provide increased revenues to the Tribe, but would result in greater impacts than either the No Action or Preferred Alternatives. The Tribe and prior landowners have marketed the Project site for hotel or commercial use for some time, and has not seen an interest in this type of development. Therefore, the likelihood for development of the Item 1JJ - Page 104
Latitude 61 Townhomes
Environmental Assessment
26 Allowed by Zone Alternative is very low. The City and region are experiencing a high demand for housing, which the Preferred Alternative will provide, while providing the Tribe with a steady long-term revenue stream. The Preferred Alternative has therefore been identified as the most effective in meeting the purpose and need for the Project.
Item 1JJ - Page 105
Latitude 61 Townhomes
Environmental Assessment
27 3.0 ENVIRONMENTAL IMPACTS
3.1 Land Resources
A Project specific Geotechnical Analysis was generated to address specific site improvements, and is provided in Appendix C of this document. The consulting geologist conducted site reconnaissance, percolation/infiltration and other lab testing, analyzed site soils, and reviewed aerial photographs and background information from other sites in the area. The geotechnical investigation did not identify any soils or seismic issues which would limit the development of the proposed Project. The site consists of vacant desert land with scattered native and non-native vegetation.
A. Topography
The Project site is generally flat with no discernible surface gradients. The site slopes slightly from northwest to southeast, having an elevation of about 440 feet above mean sea level with surface gradients in the site vicinity descending to the northeast at a slope of 10:1. The site’s surroundings are at similar elevations, as the area is part of the Coachella Valley floor, whose topography is relatively flat. No natural ponding of water or surface seeps were observed at or near the site during the field investigation conducted on May 7, 2023. Site drainage under current conditions consists of sheet flow and surface infiltration.
Groundwater
The site is within the Whitewater Subbasin and no groundwater was encountered to a maximum explored depth of approximately 30 feet below ground surface during the geotechnical field investigation. According to the California Department of Water Resources online database, and as reported in the Geotechnical Investigation, the depth to groundwater in the Project vicinity is in excess of 200 feet below the surface. The Project Geotechnical Investigation concluded that groundwater should not be a factor during construction of the proposed Project.
B. Soils
During the field investigation, the geologist encountered native alluvium deposits to a depth of approximately 30 feet, generally consisting of grayish brown sand (SP) and silty sand (SM) that appeared dry, loose to dense, and fine-to-coarse grained with gravel. Based on the laboratory testing results, the surface materials underlying the site are considered to have a negligible expansion potential. Static settlement resulting from the anticipated foundation loads should be minimal provided that the recommendations included in the geotechnical report are considered in foundation design and construction.
C. Geologic Hazards
The proposed Project is located in the highly seismic Southern California region within the influence of several fault systems that are considered to be active or potentially active. The Project site is located within the Salton Trough, a northwest-southeast trending structural depression extending from the Gulf of California to the Banning Pass. The Salton Trough is dominated by several northwest trending faults, most notably the San Andreas Fault system. The Salton Trough is bounded by Santa Rosa and San Jacinto Mountains on the southwest, San Bernardino Mountains on the north, and Little San Bernardino – Chocolate – Orocopia Mountains on the east and extends beyond the Coachella Valley, through the Imperial Valley into the Gulf of California on the south.
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28 Seismic Faults
The closest known active fault is the San Andreas Fault Zone, located approximately 3.35 miles north of the Project site and capable of producing earthquakes at a maximum 7.2 on the Richter scale. No known faults are mapped on or project towards the site. No signs of active surface faulting were observed during the review of non-stereo digitized photographs of the site and site vicinity, and no signs of active surface fault rupture or secondary seismic effects (lateral spreading, lurching etc.) were identified on-site during the geological field investigation. The Project Geotechnical Investigation concluded that risks associated with primary surface ground rupture should be considered low.
Seismic Groundshaking
The Project site has been subjected to strong seismic shaking related to San Andreas Fault Zone activity. Strong groundshaking from nearby active faults is expected to occur on the Project site during the design life of the proposed Project. Based on site-specific ground motion parameters developed for the property, the site’s modified peak ground acceleration is estimated to be 0.754.
Homes proposed for the site will be required to be constructed in accordance with the Tribal Building and Safety Code, which incorporates the most recent edition of the California Building Code (CBC) to provide collapse-resistant design. According to the CBC, Site Class D may be used to estimate design seismic loading for the proposed structures. Conformance with the site-specific seismic design parameters will ensure that Project-related impacts associated with seismic ground shaking will be less than significant.
The site is situated on relatively flat ground and not immediately adjacent to any slopes or hillsides.
No signs of slope instability in the form of landslides, rock falls, earthflows or slumps were observed at or near the subject site. The potential for landslides, rock fall or debris flows is therefore negligible.
No signs of flooding or erosion were observed during the geologic field investigation.
Development of the Project site has the potential to result in the erosion of soils during site preparation, grading, and building construction. However, the applicant will be required to adhere to erosion control measures including SCAQMD Rule 403.1 that requires a fugitive dust control plan. At buildout, there would be a low potential for soil erosion due to the relatively level topography and the construction of buildings, impervious roads and stabilized landscaped areas.
The Project geologist did not observe any signs of subsidence on the site, nor has subsidence been observed in the area of the Project site. Subsidence occurs when groundwater basins have been significantly drawn down; however, Desert Water Agency and Coachella Valley Water District recharge the aquifer with Colorado River water to minimize overdraft. No fissures or other surficial evidence of subsidence were observed at or near the Project site during the geotechnical investigation. Therefore, land subsidence is not expected to occur at the Project site.
The main geotechnical concerns are the presence of loose disturbed and potentially compressible near surface native soil. This includes susceptibility of surface soil to caving in deeper excavations, and unconsolidated soils. As a result, the geotechnical investigation recommended that remedial grading work within the proposed residential building areas include over-excavation and recompaction of the primary foundation bearing soil in accordance with standard CalOSHA Item 1JJ - Page 107
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29 excavation criteria. These recommendations will be incorporated into grading plans, and implemented through the Tribe’s standard requirements during the grading permit process at the time construction is initiated for the proposed Project. These requirements will assure that the structures proposed for the Project will be constructed on stable soils.
Liquefaction
Liquefaction occurs during seismic events when soils and water mix, causing the formation of loose, moving sands. In order for liquefaction to occur, water levels must be within 50 feet of the ground surface, and the soils on a site are susceptible to liquefaction. Based on the depth to groundwater cited by the California Department of Water Resources, risks associated with liquefaction and liquefaction related hazards should be considered negligible.
Paleontological Resources
The site is underlain by alluvium, and not suitable for paleontological resources. The Riverside County General Plan Draft EIR (Figure 4.9.3) designates the City as a low sensitivity area for paleontological resources. No deep excavation is expected for the proposed residential development, and potential impacts on paleontological resources are expected to be negligible.
Conclusion
Overall, incorporation of the Project-specific geotechnical recommendations and compliance with building codes and other applicable regulations and standard requirements will ensure that the Project structures can be safely constructed and that future development of the site as proposed would not result in any increase of geologic hazards to the proposed Project.
3.2 Water Resources
Surface Water and Drainage
A Preliminary Hydrology and Drainage Report was prepared for the Project, and is included in Appendix D of this document. The hydrologist determined that the site currently drains to the south-southeast, with flows proceeding southerly from the site in Hermosa Drive, and to Tahquitz Canyon Way. When storm flows reach this location, they are carried easterly into the City’s MS4 drainage system, and are ultimately discharged into the Colorado River.
The site’s drainage system has been designed in two parts. The landscaped parkways along Amado and Hermosa, adjacent to the public right-of-way, which comprise 0.19 acres of the Project, will act as retaining areas, with overflow into the existing historic drainage path described above. The balance of the site, 4.05 acres, which occurs within the Project, will drain southerly to catch basins proposed near the entry, in the southeastern portion of the site. Storm flows will be directed via the on-site drainage design to an underground storage area located under the guest parking area, west of the recreation building. This system has been designed to accommodate the 100 year storm’s incremental increase in flows as a result of development of the Project. In larger storm events, the overflow will be carried into Hermosa Drive, and will follow the current historic drainage path to the City’s MS4 drainage system. This design is consistent with the Tribe’s and the City’s requirements for the on-site retention of storm flows during a 100 year storm event, which assure that impacts associated with flooding remain less than significant.
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30 The drainage system will also include Best Management Practices (BMPs), contained in the Project’s WQMP and SWPPP, which will protect storm flows from pollution via construction and operational measures designed to clean storm flows before they enter the groundwater system.
These BMPs will be approved by the Tribe during the grading permit process, in order to reduce impacts to surface water to less than significant levels. Please see further discussion under Water Quality, below.
Flooding
No signs of flooding or erosion were observed during the geotechnical field investigation. The Project site is bounded by Amado Road on the north and Hermosa Drive on the east. The Federal Emergency Management Agency (FEMA) has mapped the Project site in Flood Insurance Rate Map (FIRM) Number 06065C1558G dated August 28, 2008. The FIRM indicates that the property is within Zone X, Area of Minimal Flood Hazard. (See Exhibit 8) As described above, the Project’s hydrology study includes a plan to control and convey on-site flows created by the Project into the on-site drainage system. The Project Preliminary Hydrology and Drainage Report includes a design that will protect the Project and surrounding streets and properties from the 100 year storm event, consistent with Tribal and City requirements. The Project will not generate flooding on- or off-site.
Groundwater
The upper portion of the Whitewater River Subbasin of the Coachella Valley Groundwater Basin is the aquifer that serves Palm Springs and the Project site. The Project site and the City are served by the Desert Water Agency (DWA), which pumps water from 29 active wells throughout the western Coachella Valley to supply domestic water to the majority of Palm Springs, part of Cathedral City, and the southern part of Desert Hot Springs. Natural recharge to the region’s groundwater basins occurs through surface runoff and recharge. The bulk of groundwater recharge takes place through artificial means through three operating recharge facilities, two of which are located within the Whitewater River Subbasin, and one located within the Mission Creek Subbasin.
The Coachella Valley Groundwater Basin had been in an overdraft condition since the 1930s, but after implementation of groundwater recharge programs, water conservation efforts, and the processing and use of tertiary treated water over several decades, rising water levels in the Palm Springs area and slowing water level declines in the mid-Valley portion of the Whitewater River (Indio) subbasin have occurred. Local and regional water agencies have developed and are implementing long-range plans and programs to assure the availability and provision of adequate high-quality water for the future. DWA programs are largely focused on expanding water conservation efforts and groundwater recharge and replenishment activities.
Water Use
The proposed Project will require water for domestic use and landscape irrigation and is within the Desert Water Agency (DWA) service area. The DWA collaborated with five other water supply agencies in the Coachella Valley to prepare the Coachella Valley Regional Urban Water Management Plan (RUWMP) to meet State reporting requirements for 2020.
The projected indoor residential water usage for the Project is based on indoor water use performance standards as provided in the California Water Code (CWC) for residential water Item 1JJ - Page 109
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31 demand. Water Code Section 10910, approved November 10, 2009, is codified in CWC section 10608.20 (b)(2)(A). SB 606 and AB 1668 established guidelines for efficient water use and a framework for the implementation and oversight of the new standards. Based on results of the Indoor Residential Water Use Study, DWR and the State Water Resources Control Board jointly recommended that the indoor residential standard remain at 55 gallons per capita per day (gpcd) through 2024 and decline to 47 gpcd in 2025 and to 42 gpcd in 2030.
The Project will result in interior use of domestic water for residents, outdoor demand for landscaping, and common area demand for the pool and spa. According to the Project site plan, the public landscaped area totals 32,670 square feet, yielding a water demand of 1.65 acre-feet per year. As shown in Table 2, buildout of the proposed Project has the potential to generate a demand of 9.16 acre-feet per year, approximately 0.02% of the 2045 total projected demand (41,565 acrefeet) for DWA.
Table 2
Water Demand at Project Buildout
Proposed Land Use Unit Water Consumption Factor
Water
Demand
(gpd)
Total Water
Demand At
Buildout (AFY)
Residential 61 DU/
108 persons1 55 gpcd 5,940 6.65
Pools/Spas 7,000 SF See footnote 2* 770 0.86
Landscaping 32,670 SF See footnote 3* 1,470.13 1.65
TOTAL 9.16
1. Per California Department of Finance Table E-5 Population and Housing Estimates, 2023, Palm Springs has an average household size of 1.77 persons per household.
2. Pool water demand based on Coachella Valley Water District (CVWD) outdoor recreational water demand factors and equation. A comparable equation is not provided by DWA. Assumes each unit (61) has a private spool approximately 100 SF and a 900 SF community pool/spa. Equation is [water feature area (7,000 SF) x Reference Evapotranspiration rate ETo in inches per year for Zone 2 (58.87) x stationary water body factor (1.1) x conversion factor (0.62)]/365 = 770 gpd.
3. Based on CVWD landscape ordinance 1302.5. Equation is [area (32,670) x ETo (58.87) x Evapotranspiration Adjustment Factor ETAF (0.45) x conversion factor (0.62)/365] = 1,470.13 gpd.
The RUWMP demonstrates that with the reliability of its groundwater, surface water, and recycled water supplies, DWA can meet demands through 2045 during normal, single dry year, and multiple dry year periods. Further, the RUWMP was, in part, based on the projected development of sites within the plan’s area based on their General Plan designations. The Project proposes a use consistent with the current designation for the site, and will not increase water use beyond that planned for the land use of the site.
The development of 61 single-family residences is not expected to result in a significant increase in demand for local water resources which would impact local groundwater resources. Further, the Project, which will result in fewer units and less development intensity than currently allowed on the site under the Section 14 Specific Plan, will also result in reduced water demand. In addition, water efficiency requirements in the Agua Caliente Band of Cahuilla Indians Tribal Building and Safety Code, which have become and will continue to be more stringent would help reduce the Project’s overall demand. Less than significant impacts are anticipated.
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32 Water Quality
The US Environmental Protection Agency (EPA) administers and implements the Clean Water Act of 1972, as amended. The purpose of the Act is to protect water quality from the discharge of pollutants generated by the man-made environment.
The programs established under the Act include the National Pollution Discharge Elimination System (NPDES), which is a program that protects receiving waters from surface water pollution.
Although the Tribe is not required to be a permittee under the NPDES, the Project will generate surface water flows which will enter the City of Palm Springs’ drainage system, and the City will require that these flows comply with its permit requirements. The City operates under the Whitewater River Watershed plan (MS4), under permit by the Colorado River Basin region of the Water Quality Control Board. The regulatory requirements include the preparation of a Water Quality Management Plan (WQMP) and Stormwater Pollution Prevention Plan (SWPPP) for Project-specific surface water management. Both the WQMP and the SWPPP will include best management practices (BMPs) that control, manage and/or eliminate pollution in surface waters.
The Project-specific BMPs will be included in Project designs, and could include a wide range of structural and non-structural measures, including sand fences, sand bags and filtration ponds.
These measures will be fully developed prior to the approval of grading plans for the Project, and will assure that impacts to regional water quality, including the water quality of storm flows entering the Whitewater River, are less than significant. Please see Section 4 for standard conditions and mitigation measures.
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I r···..... ·······1
I
ZO E X
OTHER FLOOD AREAS
Areas of 0.2% annual chance flood; areas of 1% annual
chance flood with average deptsh of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1 % annual chance flood.
OTHER AREAS
Areas determined to be outside the 0.2% annual chance
floodplain.
Source: FEMA, National Flood Insurance Program, FIRM Effective Date 08.28.2008 r-- ..., ®
..._. ~TERRANOVA PLANNING & RESEARCH, INC.
Latitude 61 Townhomes
FEMA Flood Hazards Map
Palm Springs, California
08.15.23 Exhibit
G
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Environmental Assessment
34 3.3 Air Quality
The Project site lies within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Existing air quality is measured at established SCAQMD air quality monitoring stations and evaluated in the context of ambient air quality standards. The State of California and the U.S. Environmental Protection Agency (EPA) have established ambient air quality standards (AAQS) for the seven most common air pollutants, known as criteria pollutants: ground-level ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter with a diameter of 10 microns or less (PM10), particulate matter less than 2.5 microns (PM2.5), and lead (Pb). California has also set limits for sulfates, hydrogen sulfide (H2S), vinyl chloride, and visibility-reducing particles.
The Coachella Valley is designated as both a federal and state non-attainment area for ozone and PM10 according to the most recent California Air Resources Board (CARB) area designation maps (November 2022). In order to achieve attainment for PM10 in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development proposals.
Regulatory Setting
National Environmental Policy Act (NEPA)
The National Environmental Policy Act of 1969 requires federal agencies to evaluate the environmental and related social and economic effects of a proposed action, including the potential to significantly impact air quality. To determine the level of significance under NEPA, the annual direct and indirect project-related emissions of all criteria pollutants resulting from the project’s construction and operational activities were compared to the applicable EPA General Conformity de minimis levels. De minimis levels are defined in 40 CFR § 93.153 as the minimum threshold for which a conformity determination must be performed for various criteria pollutants in a nonattainment or maintenance area. (See the General Conformity and De Minimis Levels discussion, below).
Federal Clean Air Act (CAA)
The Federal Clean Air Act (CAA), as amended, is the primary federal law that governs air quality.
The CAA, and related regulations by the U.S. Environmental Protection Agency (U.S. EPA), set standards for the concentration of pollutants in the air known as National Ambient Air Quality Standards (NAAQS). The EPA has established NAAQS for six common criteria pollutants that have been linked to potential health concerns, including carbon monoxide (CO), lead, ground-level ozone (O3), particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2).
A national standard also exist for lead (Pb). The NAAQS are set at levels that protect public health with a margin of safety, and are subject to periodic review and revision.
Federal air quality standards and regulations provide the basic scheme for project-level air quality analysis under the National Environmental Policy Act (NEPA).
General Conformity and De Minimis Levels
The General Conformity Rule is established under section 176(c) of the CAA and requires Federal agencies to assure that their actions conform to applicable implementation plans for achieving and maintaining the NAAQS for criteria pollutants. Under this Rule, federal agencies must work with Item 1JJ - Page 113
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35 state, tribal and local governments in a nonattainment or maintenance area to ensure that federal actions conform to the air quality plans established in the applicable state or tribal implementation plan. Conformity requirements apply only in nonattainment and “maintenance” (former nonattainment) areas for the NAAQS, and only for the specific NAAQS that are or were violated.
U.S. EPA regulations at 40 Code of Federal Regulations (CFR) 93 govern the conformity process.
The General Conformity Rule applies to all federally funded or approved actions within nonattainment or maintenance areas with three exceptions: (1) actions covered by the Transportation Conformity rule, (2) actions with associated emissions below specified de minimis levels; and (3) other actions which are either exempt or presumed to conform. Exempt actions include: (1) federal actions covered by the Transportation Conformity; (2) actions with total direct and indirect emissions below specified de minimis levels; (3) actions specifically listed as exempt in the rule; or (4) actions included on any list of Presumed-to-Conform actions. Conformity requirements do not apply in unclassifiable/attainment areas for NAAQS.
Tribal Authority Rule (TAR)
The EPA is responsible for the implementation of the Clean Air Act on Tribal lands. The EPA’s Tribal Authority Rule (TAR) provides federally recognized tribes the opportunity to develop and implement only those parts of the Clean Air Act that are appropriate for their lands, including air quality management programs. Indian Tribes are not required to adhere to state or local agency implementation plans, such as CARB or SCAQMD. Instead, a tribe may voluntarily comply with state/local regulations as they see fit.
Greenhouse Gases
The Council on Environmental Quality (CEQ) was established under NEPA and provides guidance and recommendations in line with national policies and goals intended to improve environmental quality. Consistent with Executive Order (EO) 13990, Protecting Public Health and the Environment and Restoring Science to Table the Climate Crisis, CEQA has issued an interim NEPA Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (issued January 9, 2023), which currently under review for consistency with current law, and is the standard upon which NEPA review of greenhouse gases is conducted.
Existing Conditions
Meteorological conditions in the Project vicinity are largely attributable to the low desert geographic setting and the mountains surrounding the region that isolate the Coachella Valley from moderating coastal influences and create a hot and dry low-lying desert condition. As the desert heats up a large area of thermal low pressure develops, which draws dense, cooler coastal air through the narrow San Gorgonio Pass and into the valley, generating strong winds that cross the most active fluvial (water-related) erosion zones in the valley. These strong winds sweep up, suspend and transport large quantities of sand and dust, reducing visibility, damaging property, and constituting a significant health threat. The region is also subject to seasonal northeasterly Santa Ana winds that are associated with high pressure parked over Nevada and the four corners region.
Air inversions, where a layer of stagnant air is trapped near the ground and is loaded with pollutants from motor vehicles and other sources, occasionally occur in the Coachella Valley due to local Item 1JJ - Page 114
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36 geological and climatic conditions. Inversions create conditions of haziness caused by suspended water vapor, dust, and a variety of chemical aerosols. Due to local climactic conditions, inversion layers generally form 6,000 to 8,000 feet above the desert floor.
Alternative Transportation
As discussed in the Transportation section of this document, there are currently no bicycle facilities adjacent to the Project site. The City of Palm Springs has identified Amado Road as a possible Class III bike route. The Section 14 Specific Plan proposes Class II bike lanes on Amado Road and Class III bike routes on Hermosa Drive.
The Project site is also on the Sunline Transit Agency Bus Routes 2 and 4, which provide service on Tahquitz Canyon Way and Sunrise Way. Existing bus stops occur on westbound Tahquitz Canyon at Hermosa, approximately 700 feet south of Project. SunLine utilizes clean/alternative fuel vehicles.
Project Emissions
The Project proposes to develop 61 townhome units. According to the Institute of Transportation Engineers (ITE) Trip Generation (11th Edition), proposed Project will generate 440 average daily trips (ADT) at buildout. For purposes of analysis, it is assumed that construction will occur over a 28-month period from May 2024 to September 2026.
The California Emissions Estimator Model (CalEEMod) Version 2022.1.1.18 was used to project air quality emissions that will be generated by the proposed Project (Appendix A). Criteria air pollutants will be released during both construction and operation phases of the proposed Project, as shown in Tables 3 and 4. Table 3 summarizes short-term construction-related emissions, and Table 4 summarizes ongoing emissions generated during operation.
Impact Significance Considerations
Construction Impacts
The construction period includes all aspects of project development, including site preparation, grading, paving, building construction, and application of architectural coatings.
As shown in Table 3, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant during construction. The data reflect average daily unmitigated emissions over the 28-month construction period, including summer and winter weather conditions. The analysis assumes an import of 1,200 cubic yards of dirt/soil materials per the Project specific preliminary grading plan. Applicable standard requirements and best management practices include, but are not limited to, the implementation of a dust control and management plan in conformance with SCAQMD Rule 403 and phased application of architectural coatings and the use of low-polluting architectural paint and coatings per SCAQMD Rule 1113. Please see Section 4 for standard conditions and mitigation measures. The dust control and management plan will include methods of maintaining/cleaning construction equipment, soil stabilization and wind fencing. Proposed permanent hardscape and landscaping for the development will help reduce the future levels of fugitive dust in the area.
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37 Table 3 shows the de minimis levels for ozone and PM10, for which the Coachella Valley is designated as Extreme and Serious non-attainment areas, respectively. De minimis levels defined in 40 CFR § 93.153 as the minimum threshold for which a conformity determination must be performed for various criteria pollutants in a nonattainment or maintenance area. Project actions with total direct and indirect emissions specified de minimis levels are assumed to conform to Federal Implementation Plans and are not subject to a conformity determination. As shown in the table below, the project related emissions of ozone and PM10 during the 28-month construction period would be below the General Conformity de minimis levels, and therefore a conformity determination is not required. Please see Section 4 for standard conditions and mitigation measures.
Table 3
Maximum Daily/Annual Construction-Related Emissions Summary Construction Emissions CO NOx ROG SO2 PM10
1 PM2.51
Daily Maximum1 (pounds/day) 34.7 36.1 5.43 0.05 9.49 5.47 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No
Annual Maximum (tons/yr) 2.10 1.44 0.50 0.00 0.19 0.11
De minimis levels (40 CFR § 93.153) - 100 102 - 703 -
Exceeds? - No No - No - 1 Standard dust control measures have been applied to the PM emissions. 2 The most strict standard is 10 tons/year for Extreme NAAs. 3 The most strict standard is 70 tons/year for Serious NAAs.
Emission Source: CalEEMod model, version 2022.1.1.18
The City of Palm Springs requires specific air quality construction mitigation through its General Plan. Although the Project is subject to the Tribe’s, and not the City’s requirements, the Tribe has voluntarily imposed these requirements on projects located in the City within its jurisdiction, and will in this case. These requirements include Tier 1 or higher construction equipment, the preparation of dust management plans, and other measures enumerated in Section 4 of this document.
Operational Impacts
Operational emissions are ongoing emissions that will occur over the life of the Project. They include area source emissions, emissions from energy demand (electricity), and mobile source (vehicle) emissions. Table 4 provides a summary of projected emissions during operation of the proposed Project at build out. As shown below, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants for operations. The operational emissions of ozone precursors (NOx and ROG) and PM10 would be below the General Conformity de minimis levels, and therefore a conformity determination is not required. Project-related operational impacts are expected to be less than significant.
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38 Table 4
Maximum Daily Operational-Related Emissions Summary
(pounds per day)
Operational Emissions CO NOx ROG SO2 PM10 PM2.5
Daily Total (pounds/day)1 20.7 2.19 5.01 0.04 3.28 0.87 SCAQMD Thresholds 550.00 55.00 55.00 150.00 150.00 55.00 Exceeds? No No No No No No
Annual Total (tons/yr) 2.51 0.35 0.8 0.01 0.53 0.14
De minimis levels (40 CFR § 93.153) - 100 102 - 703 -
Exceeds? - No No - No - 1
Maximum daily emissions. 2
The most strict standard is 10 tons/year for Extreme NAAs. 3 The most strict standard is 70 tons/year for Serious NAAs.
Emission Source: CalEEMod model, version 2022.1.1.18.
Toxic Air Contaminant (TAC) Emissions
Toxic Air Contaminants (TAC) emissions are generally associated with heavy equipment or diesel trucks, and high-volume roadways. The Project will result in 61 townhomes, which will not generate diesel truck use. In addition, neither Amado nor Hermosa are high volume roadways.
Therefore, the residents of the Project are not expected to be exposed to TACs over the life of the project.
Objectionable Odors
The Project could generate odors during the construction period, particularly those odors associated with heavy equipment use, asphalt or tar installation, and similar construction activities.
These odors, however, will dissipate quickly with distance. Construction odors are expected to be of short duration, and their impacts to be less than significant.
Over the life of the Project, odors associated with residential development typically include cooking, pool and home maintenance and similar odors. The Project will include 61 homes, which will not generate concentrations of such odors beyond that expected in any residential development. Operational odors are expected to result in less than significant impacts.
Cumulative Impacts
A significant impact could occur if the Project would make a considerable cumulative contribution to federal or State non-attainment pollutants. The Coachella Valley portion of the SSAB is classified as a “non-attainment” area for PM10 and ozone. Cumulative air quality analysis is evaluated on a regional scale (rather than a neighborhood scale or city scale, for example) given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts. Any development project or activity resulting in emissions of PM10, ozone, or ozone precursors will contribute, to some degree, to regional non-attainment designations of ozone and PM10.
The SCAQMD does not currently recommend quantified analyses of construction and/or operational emissions from multiple development projects, nor does it provide methodologies or thresholds of significance to be used to assess the significance of cumulative emissions generated Item 1JJ - Page 117
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39 by multiple cumulative projects. However, it is recommended that a project’s potential contribution to cumulative impacts should be assessed utilizing the same significance criteria as those for project-specific impacts. Furthermore, SCAQMD states that if an individual development project generates less than significant construction or operational emissions, then the development project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.
As shown in the tables above, Project-related PM10, CO, NOx, and ROG emissions are projected to be below established SCAQMD thresholds. The annual maximum criteria pollutant emission levels are projected to be below the General Conformity de minimis levels. Therefore, the proposed Project will result in incremental, but not cumulatively considerable impacts on regional PM10 or ozone levels. As described above and in Section 4 of this document, the Tribe will apply conditions of approval to assure that the Project meets City requirements for construction emissions. These regulations will further ensure that Project impacts are less than significant individually and cumulatively.
Conclusion
The proposed residential development is considered ‘less intense’ than a typical development (e.g. hotel) under the Resort Attraction designation in the Section 14 Specific Plan or the Tourist Resort Commercial (86 rooms per net acre on Indian Land) in the City’s General Plan. The Project, therefore, does not conflict with the AQMP.
Overall, assuming conformance (including less intense development) with local planning documents, pollutant emissions associated with construction and operation of the Project and surrounding projects are not expected to exceed SCAQMD thresholds of significance. The CalEEMod results confirm that neither SCAQMD thresholds for criteria pollutants nor the General Conformity de minimis levels for ozone (precursors NOx and ROG) and PM10 will be exceeded during construction and operation of the Project. Future development of the site as proposed would not result in significant increases in local and regional air pollutant emissions, including Projectrelated indirect operational emissions from motor vehicles.
3.4 Living Resources
The Project site is vacant with scattered low growth vegetation. Although there are undeveloped vacant parcels in the Project vicinity, including the Project site and parcels immediately west of the Project site, these parcels are ‘islands’ surrounded by urban development.
The biological resources study for the Section 14 Specific Plan EIS/EIR found that the Sonoran creosote bush scrub community dominates the vegetation of undisturbed portions of Section 14, including the Project site, and is the pervasive plant community throughout the Colorado Desert of California. The Project site supports sparse native vegetation, but has been impacted by offroad vehicle use, and pedestrian cut-throughs, as evidenced by the trails that cross the property.
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40 Regulatory Background
The US Fish and Wildlife Service IPaC system was consulted to determine what federally listed species have the potential to occur in the project area. A list of eight species was generated for the Project site (please see Appendix B). The species identified by the IPaC system were Peninsular Bighorn Sheep, Least Bell’s Vireo, Southwestern Willow Flycatcher, Coachella Valley Fringetoed Lizard, Desert Tortoise, Mountain Yellow-legged Frog, Monarch Butterfly, and Coachella Valley Milk-vetch. All these species, with the exception of the Monarch Butterfly, are Covered Species under the Tribal Habitat Conservation Plan. However, the Monarch Butterfly is listed as a candidate species, not a designated threatened or endangered species.
Section 14 is located within the boundaries of the Tribal Habitat Conservation Plan (THCP), and together with the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) they provide a regional framework for the conservation of special status species and their habitat while providing for streamlined development permitting.
The THCP was released and adopted by the Tribal Council as Tribal Law in 2010. The THCP encompasses 36,055 acres of the Reservation and off-Reservation lands owned by or held in trust for the Agua Caliente Band of Cahuilla Indians, along with certain other lands over which the Tribe may have authority during the permit period within three cities (Palm Springs, Cathedral City and Rancho Mirage) and the County of Riverside. The THCP was established to protect and manage natural resources and habitat within the Tribe’s jurisdictional territory, and to establish consistency and streamline permitting requirements with respect to protected species. Its primary conservation mechanisms include creation of a Habitat Preserve; adoption of avoidance, minimization, and mitigation measures to enhance the habitats and survivability of Covered species; and payment of a mitigation fee that funds Tribal acquisition and management of replacement habitat. The THCP covers 19 sensitive wildlife species and 3 sensitive plant species that occur or have potential to occur within its Plan Area. Eight of these species are listed as threatened or endangered under the Endangered Species Act (ESA).
The USFWS has not yet approved the THCP or issued a 10(a) Incidental Take Permit; however, the Tribe has independent authority to implement the THCP to mitigate impacts to sensitive resources on Reservation lands. Under the THCP, the Project site is part of the Valley Floor Planning Area (VFPA) and is identified for having stabilized and partially stabilized shielded sand fields that are dominated by creosote bush scrub. There are no blue-line streams, wetlands or riparian areas on the Project site.
The Coachella Valley region also contains potential habitat for the Western Burrowing Owl, which is protected in the United States by the Migratory Bird Treaty Act (MBTA) of 1918. The MBTA prohibits the take of migratory birds (or any part, nest, or eggs of any such bird). EO 13168 (Sep 22, 2000) requires that any project with federal involvement address impacts of federal actions on migratory birds.
A. Wildlife
There are also no riparian habitats or watercourses located in Section 14 that could be utilized by migratory aquatic species. The THCP identifies the Project site as Stabilized and Partially Stabilized Shielded Sand Fields (THCP Figure 17) containing habitat for burrowing owl (Athene Item 1JJ - Page 119
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41 cunicularia). Burrowing owl is designated as a Bird of Conservation Concern by the U.S. Fish and Wildlife Service and take of this species is prohibited under the Migratory Bird Treaty Act (MBTA). Burrowing owls are sensitive to excessive noise and activities such as grading and operation of heavy equipment up to 500 feet away and may abandon nests or burrows if/when such activities occur. To mitigate any potential impacts to burrowing owls, Section 4 below provides a mitigation measure requiring pre-construction burrowing owl surveys and appropriate relocation, if applicable.
Section 14 is not identified as having viable habitat for any other species identified as a candidate, sensitive, or special status by the U.S. Fish and Wildlife Service, and no habitat for covered species is located within the vicinity of the Project site. Therefore, other than burrowing owls, no protected plant or animal species, or unique habitats, are expected to be present within the Project boundaries and vicinity. Funding for conserving habitat elsewhere is acquired through payment of the Valley Floor Planning Area (VFPA) Fee from future development projects including the proposed Project.
The Project site is vacant but surrounded on two sides by existing roadways. Lands to the south are currently being developed for residential uses, and lands to the west include vacant lands and a commercial parking lot. Therefore, the site provides minimal opportunities for the movement of terrestrial wildlife.
B. Vegetation
As noted above, the Project site is a vacant parcel in urban surroundings that consists of disturbed topsoil and sparse low growth vegetation. According to the Section 14 Specific Plan EIR/EIS, the vegetation of disturbed areas in Section 14 is dominated by weed species that germinate and grow following the damage or removal of native vegetation. The Project site, although still in its native condition, has been impacted by these invasive species, which have been blown onto the site by prevailing winds. In addition, the site has been disturbed by some extent by off-road vehicles and pedestrians using the property to cut through the area. The THCP identifies Section 14 as not having viable habitat for any plant species identified as a candidate, sensitive, or special status by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, and no habitat for covered species is mapped within the vicinity of the Project site.
C. Ecosystems
Most of the land within the Project area has already been developed and the remaining vacant land consists of highly fragmented parcels that are either partially or completely disturbed. Section 14 does not contain any riparian features or habitat, and according to the federal National Wetlands Inventory it does not contain any wetlands1. The Project site sits on an alluvial fan covered with alluvial sediment washed down from the surrounding San Jacinto and Santa Rosa Mountains. The proposed Project would not disturb any waters of the U.S. as defined by Section 404 of the Clean Water Act, or alter any streams as defined in Section 1600 of the California Fish and Wildlife Code, because no streams, wetlands or riparian areas occur on the property.
The closest federally recognized wildland to the Project site is the Santa Rosa and San Jacinto National Monument, which occurs 1 mile west of the Project site at its closest point, and extends 1 United States Fish and Wildlife Service, National Wetlands Inventory. https://www.fws.gov/wetlands/data/mapper.html, accessed August 2023.
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42 north and south along the western boundary of the Coachella Valley. The Tribe’s Indian Canyons occur approximately 5 miles south of the Project site. No federally designated parks, monuments or forests will be impacted by the proposed Project.
D. Agriculture
According to the California Important Farmlands mapping provided by the California Department of Conservation, the Project site is designated as “Urban and Built-Up Land.” The Farmland Mapping and Monitoring Program does not identify the site as being of agricultural importance.
Neither the Project site nor any portion of Section 14 is designated for agricultural use. No impacts to agriculture will occur.
Conclusion
As described above, the Project will be required to pay the VFPA mitigation fee in place at the time that development occurs, to mitigate for impacts associated with biological resources within the boundary of the THCP. Mitigation will be required to reduce potential impacts to burrowing owls. The standard requirement and mitigation measure, provided in Section 4 of this document, will assure that impacts to living resources will be less than significant.
3.5 Cultural Resources2
The subject property is part of the original Agua Caliente Indian Reservation and is located in the northeast quarter of the northeast quarter of Section 14 T4S, R4E, SBBM. In 1876, Section 14 and a portion of Section 22 (Tahquitz Canyon) were set aside as the Agua Caliente Indian Reservation, which was extended to cover the even numbered sections in three townships in 1877 and was patented by Congress in 1891. The Mission Indian Relief Act of 1891 authorized allotments from the acreage comprising the Reservation. The Reservation totaled more than 31,000 acres.
Palm Springs and the Coachella Valley are situated in the Colorado Desert and are part of the Sonoran Life Zone. The Sonoran Life Zone is characterized by the creosote brush scrub plant community (Hall and Grinnel 1919, Munz 1974; Schenherr 1992) which includes creosote bush, mesquite, brittlebush, cholla, prickly pear cacti, chuparosa, desert lavender, sage and various grasses (Bean and Saubel 1972).
Development within Section 14 began in the vicinity of the hot springs near the northwest Section corner, and was at first limited to the western half of the section. Early uses included residences, riding stables and hangers (part of Palm Springs’ first airport in the 1930s). Other businesses included rooming houses, a market, a secondhand store, four cafes, a grocery store and a bakery.
The first Catholic church in Palm Springs was erected in 1917 on the Reservation in Section 14, approximately 0.51 miles to the west of the Project site and changed its name to Our Lady of Guadalupe in 1948.
The Project site is currently vacant, and is surrounded by two adjacent public roads and vacant land, as well as existing development including commercial and residential uses. 2 Background information from the Section 14 Specific Plan EIR/EIS and the Agua Caliente Tribal Historic Preservation Office.
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43 Cultural Setting
The City of Palm Springs and the Coachella Valley are in the western end of the Colorado Desert.
The prehistory of the Colorado Desert is poorly understood; however, ongoing discoveries contribute to the existing record. Archaeologists organize specific cultural sequences to describe cultural materials discovered through time and across space. The earliest time period of human occupancy is the Paleoindian (ca. 8,000 to 10,000-12,000 B.P.), when small groups of hunters and gatherers settled on mesas and terraces overlooking larger washes. Flaked stone tools and fluted projectile points are the typical artifacts associated with this era, also referred to as the San Dieguito complex. There are few discoveries of the San Dieguito complex in the Coachella Valley, resulting in very little evidence for this time period (Vaughan 1982; Warren 1967, 1984). This era notes a distinct lack of milling stone implements which archaeologists believe to be evidence of diminished reliance on plant resources. However, contrary to the archaeological evidence, ethnographic observations and oral testament include discussion of historic use of wooden mortars and pestles for plant food processing. This gap in the archaeological record in the Coachella Valley may indicate an absence of water at Lake Cahuilla during this time period (Stanton and Kremkau 2017).
According to archaeologists, the population dwindled in the Early Archaic Period (ca. 8,000 to 4,000 B.P.) and seemed to have left very little archaeological evidence. With the onset of a cooler climate at the beginning of the ensuing Late Archaic Period, people began to reoccupy the region (Love and Dahdul 2002; Schaefer 1994). This period was characterized by groups of flexible sizes in low population densities that settled near available seasonal food resources and relied on opportunistic hunting.
The discovery of rock lined storage pits and hearths at Indian Hill Rockshelter in the 1990s added information and supportive evidence, with radiocarbon dates placing the occupation of the site to approximately 4,000 years ago (McDonald 1992). Additionally, the Tahquitz Canyon rockshelter contained rock lined pits and an artifacts assemblage similar to Indian Hill Rockshelter, although no radiocarbon dating was conducted at the site (Schaefer 2002). Evidence from both sites suggests highly nomadic groups utilizing a wide variety of resources.
The hunting livelihood continued into the Late Prehistoric Period (ca. 1500 to 200 B.P.) associated with the Yuman or Patayan agricultural groups, when ceramics and the bow and arrow were introduced into the region. The seasonal settlement pattern associated with weather extremes continued and human activity was associated with the cultural patterns which relied more heavily on the availability of seasonal wild plants and animal resources.
From about 800 years ago to just before contact with Europeans, there is evidence of extensive contact and trade with tribes of the Colorado River. This included the distribution of pottery, an innovation of peoples of the Colorado River, across the upper Colorado and Mojave Deserts. It is from this period that ethnic or tribal affiliations are best known. The Coachella Valley encompasses a wide range of environments, which have been exploited by different indigenous groups over thousands of years. These included the low desert freshwater lakes of the various stands of Ancient Lake Cahuilla, the palm oases and mesquite vegetation associated with fault zones and other areas of high groundwater, alluvial fan areas, mountain canyons, and the mountains themselves.
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44 The Holocene Lake Cahuilla, an occasional freshwater lake in the present-day eastern Coachella Valley, provided abundant resources to nearby settlements when the basin was filled to the 40-foot elevation level extending into what is now Indio and La Quinta. When the lake was present, native encampments took advantage of the fish and wildlife. When it receded, the native population relocated toward canyons, rivers, streams and mountains.
The Agua Caliente Cahuilla have maintained year-round home sites in proximity to the year around water sources in Palm Springs—mostly snow and rain runoff drainages emanating from the adjacent San Jacinto Mountains to the west and the Santa Rosa Mountains to the south.
Located only one-half mile from the project parcel, the nearest water source is the ancient mineral spring, Séc-he, the namesake of Agua Caliente Cahuilla and the City of Palm Springs. Séc-he, is the center of Agua Caliente lifeways, providing water in an arid environment where water was scarce.
As a result, the Project site is less likely to have been used by Tribal Members for ongoing activities.
Ethnohistoric and Historic Context
Anthropological literature suggests that the Cahuilla people are organized by lineages or clans that belonged to one of the moieties (main divisions) that interacted with others through trade, ceremonies and intermarriage. The leading anthropological works on the Cahuilla culture and history include Kroeber (1925), Strong (1929), Bean (1978), and Bean and Smith (1978).
The first recorded Cahuilla and European encounter occurred during the Juan Bautista de Anza expedition in 1775-1776. By 1819, several mission outposts were established near the Cahuilla territory and the Cahuilla began to adopt Spanish practices and traits such as cattle ranching, agriculture, trade, language and religion. The Spanish and later, American presence and involvement, severely impacted the native population and culture due to the introduction of European diseases such as smallpox for which the native peoples had no immunity.
Mission records from 1821 documented trade between Arizona and California tribes with trade goods likely reaching to coast. The trade route connecting tribes is historically known as the CopaMaricopa Trail passed through the Palm Springs Cahuilla area. This most important route in the region was later renamed and known as the Bradshaw Trail around 1862. The Bradshaw Trail traversed a similar course to that of present-day State Route 111.
The construction of the Southern Pacific Railroad in the late 1870’s was incentivized by granting most of the odd-numbered sections for several miles on either side of the selected alignment. This federal action set the stage for the “checkerboard” land ownership pattern of the Agua Caliente and other Indian tribes along the route when those reservations were established.
The 1936 aerial shows the parcel was graded for an airplane landing strip. Because of this disturbance, the parcel no longer contains food-bearing plants usually found on adjacent parcels.
As a result, it is not known if the Project site is likely to have buried cultural resources.
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45 Cultural Resource Impacts at the Project Site
As described above, the Project site is not known to have been the location of significant Tribal activities. Although vacant, the likelihood of significant resources on the site is low, based on currently available information. This does not preclude, however, the potential for buried cultural resources to occur on the site, particularly because the surface was disturbed by historic airstrip activities. The Tribe requires, as a standard condition contained in Section 4 of this document, the presence of Tribal monitors during the clearing, grading and excavation of land within the Reservation. This requirement is designed to assure that any buried cultural resource can be identified and protected during the construction process. The Project will be required to implement this requirement, and will therefore have a less than significant impact on cultural resources.
3.6 Socioeconomic Conditions
A. Employment and Income
According to the U.S Census Bureau’s 2021 American Community Survey (ACS) for Palm Springs, 22,928 persons (50.7%) of the total civilian noninstitutionalized population (age 16 and over) was employed and the median household income is $61,517.
The Tribe implements a number of programs for Tribal Members through the revenues it generates from its various Tribal enterprises, including the Indian Canyons, gaming facilities, and lease revenues associated with residential projects in Palm Springs. The proposed Project would add to these revenues and broaden the economic base of the Tribe to maintain and expand its Tribal programs.
B. Demographic Trends
The 2022 Census data estimates the population of Palm Springs at 45,223 persons. The 2021 ACS data identifies the median age in Palm Springs at 56.6 years. 58.7% (26,545) of the City’s population is 18 to 64 years of age, representing the majority of the City’s total population. 32.4% (14,653) of the total population is over 65.
Ethnically, residents who categorize themselves as white (76.1%) comprise the largest race/ethnicity of the population in Palm Springs. Residents of “Black or African American” heritage make up 4.9%, “American Indian and Alaska Native” heritage make up 0.9%, and 24.4% of the total population identify as “Hispanic or Latino.” C. Lifestyle and Cultural Values
The Agua Caliente are an integral part of the City of Palm Springs. Tribal enterprises and activities range from a Cultural Plaza in the heart of downtown to the Palm Springs, Rancho Mirage, and Cathedral City casinos. Other Tribal enterprises also include the Indian Canyons Golf Resort, the Village Traditions-Vallera, 18 @ Twin Palms, and VUE residential developments, and the Tahquitz and Indian Canyons Parks.
The Tribe consists of more than 500 members who strive to preserve and enhance their history and cultural values through education and outreach. The Cultural Plaza includes not only a museum, but also protects the sacred mineral springs through the Spa at Séc-he and provides for a public gathering space for events and educational programs. Tribal enterprises enable broad based community support and charitable donations across Palm Springs and the Coachella Valley. The Item 1JJ - Page 124
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46 expansion of these activities, including the lease revenues from the proposed Project, will enable the Tribe to continue and expand these activities, as well as social and economic support programs for its members.
D. Community Infrastructure
Public Safety Services
The city, including the Project site, is served by the Palm Springs Fire Department and the Palm Springs Police Department. The Departments respond to calls on Reservation lands, including Tribal and Allotted Trust land projects.
The Fire Department operates five fire stations throughout the City. The department has four engine companies, one truck Company, and a Battalion Chief on duty at all times. The Fire Department provides fire and rescue operations, basic and advanced paramedic emergency medical service and educational services. Fire services will be provided to the proposed Project by Fire Station 1, located at 277 N Indian Canyon Drive, 0.71 miles to the west of the Project site.
Construction of all homes and structures at the Project will be required to comply with all current Tribal building and fire codes in place at the time development occurs.
Palm Springs Police Department is currently authorized 100 sworn police officer positions, which include the Chief, two captains, five lieutenants, 16 sergeants, and 76 officers. These personnel are assigned to Administration, Patrol, Investigations, Traffic, Airport, Bicycle Patrol, and other specialized details. The Police Department also provides educational and outreach programs to the community.
The Project will result in 61 townhomes on 4.2 acres in the City’s urban core. The Project plans will be reviewed by both the Fire and Police departments for compliance with their standards, which are consistent with building code standards enforced by both the Tribe and the City. The Project will also be required through conditions of approval to participate in a Community Facilities District for the provision of police and fire services, to assure that its impacts will be mitigated as both departments grow. These standard requirements will assure that the proposed Project will not significantly impact public safety.
Utilities
The Project site will be served DWA, which supplies domestic water to the majority of Palm Springs, and parts of Cathedral City and Desert Hot Springs. Groundwater has historically been the principal source of domestic water in the region. DWA’s replenishment water comes from the Colorado River Aqueduct through two connections located at Whitewater and Mission Creek to fill the recharge basins. DWA’s total water supply was 33,220 acre-feet in 2020. It has approximately 78 million gallons per day in well capacity and 3 million gallons per day from surface stream supplies.
The City provides wastewater collection and treatment services to the Project site. The City’s public sewer system includes approximately 265 miles of sewer pipeline ranging in size from 6 to 42 inches in diameter, and 5 lift stations3. The City contracts with Veolia North America to operate 3 “City of Palm Springs Sewer Master Plan,” February 2009.
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47 its wastewater treatment plant (WTP) on Mesquite Avenue. The WTP is responsible for removing contaminants from sewage wastewater. The WTP has a capacity of 10.9 million gallons per day (mgd) and treats approximately 6 mgd. The City sends approximately 75% of the treated sewage annually to DWA for further filtration and disinfection. Once treated to all state and federal recycled water standards, DWA delivers the recycled water for irrigation of the City's municipal golf courses, Demuth Park, Palm Springs High School and other locations. The remaining 25% of treated sewage flows into percolation ponds where it seeps into the ground to recharge groundwater. DWA’s recycling facility has a capacity of about 10 million gallons per day.
The Project site will connect to existing 8-inch water main and 8-inch sewer main pipelines located under Hermosa Drive. The Project wastewater discharges will be typical of residential uses and would not exceed wastewater treatment requirements of the City or Regional Water Quality Control Board. Less than significant impacts are expected related to the proposed Project. See Section 3.2 Water Resources for additional discussion.
Palm Springs Disposal Services (PSDS) provides solid waste collection and disposal services to the City and Project. PSDS implements a recycling program that collects and processes a wide range of products, including green waste. Non-hazardous solid wastes are transported to the Edom Hill Transfer Station (EHTS), located at the site of the former Riverside County Edom Hill Landfill in Cathedral City. EHTS is owned and operated by Burrtec Waste Management and is permitted to receive 3,500 tons of waste per day. Waste is sorted before entering the Riverside County Waste Management waste stream and sent to Lamb Canyon Landfill in Beaumont. Lambs Canyon is permitted to receive 5,000 tons of waste per day, with a remaining capacity of 19,242,950 cubic yards and a projected closing date of 2032. The Project would be required to achieve 50 percent waste diversion in accordance with Riverside County’s Integrated Waste Management Plan (CIWMP); based on this requirement, the total solid waste generation for the Project will be approximately 68.07 tons per year as shown below.
Table 5
Estimated Solid Waste Disposal at the Project Buildout
Land Use CIWMB Disposal Rates* Proposed
Solid Waste
Disposal (pounds
per day)
Solid Waste
Disposal (tons
per year)
Residential 12.23 pounds/household /day 61 DU 746.03 136.15 TOTAL (with 50% diversion) 68.07
*Estimated Solid Waste Generation Rates by CalRecycle,
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, accessed August 2023.
At buildout, the proposed Project will contribute annually an approximate 0.01% of the Lamb Canyon Landfill’s remaining capacity.4 Less than significant impacts are anticipated.
Southern California Edison (SCE) provides electrical service to the City and the Project site. There are existing electrical transmission lines located under Amado Road and Hermosa Drive adjacent to the property.
4 Assumes that 1 CY of residential solid waste is equivalent to 95 lbs. “Volume to Weight Conversion Factors,” US EPA Office of Resource Conversion and Recovery. April 2016.
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48 Southern California Gas Company (SCG) will provide natural gas to the Project. Natural gas mains are currently well distributed throughout the developed areas of Section 14, including under Amado Road and Hermosa Drive north of East Tahquitz Canyon Way adjacent to the Project site.
The City’s Section 14 Specific Plan EIR/EIS determined that given the capacity of their facilities within and around Section 14, SCE and SCG anticipate providing continued and increased service with no significant impact.
Landline phone and internet services in the City are mainly provided by Frontier Communications Corporation and Charter Spectrum. The Section 14 Specific Plan EIR/EIS indicated that there are currently adequate telecommunication facilities to serve the needs of Section 14. Impacts to telephone and cable services are expected to be less than significant with implementation of the proposed Project.
The Project will be required through conditions of approval to pay connection and development impact fees for sewer and drainage, public art, utility connections, Quimby, TUMF, school fees, etc. These fees are designed to reduce the impacts of new development on existing services and facilities. Overall, the Project is expected to have less than significant impact on Community Infrastructure.
E. Environmental Justice
CalEnviroScreen 4.0 is a science-based database created by CalEPA and the Office of Environmental Health (OEHHA) to identify California communities that are most affected by pollution and especially vulnerable to the effects of pollution. It aggregates environmental, health, and socioeconomic data to generate a numerical score for each census tract in the State. Higher scores indicate higher pollution burden and population vulnerability. Census tracts with scores of 75% or higher are designated as “disadvantaged communities.” According to the most recent CalEnviroScreen 4.0 database update (October 2021), all tribal lands are labeled disadvantaged communities. However, the Project is located in a census tract (606941400) with a CalEnviroScreen overall percentile score of 34 of 100, meaning it is not considered a disadvantaged community.5 The nearest disadvantaged communities are in the cities of Indio and Coachella, 16+ miles to the east.
The proposed Project does not include any industrial and other potentially hazardous land uses and will not place any residential uses near those land uses. There are no low-income or minority populations in the vicinity of the proposed Project that would be negatively impacted by the Project. Impacts are expected to be less than significant. 5 CalEnviroScreen 4.0. Accessed August 2023.
https://experience.arcgis.com/experience/11d2f52282a54ceebcac7428e6184203/page/CalEnviroScreen-4_0/ Item 1JJ - Page 127
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49 3.7 Resource Use Pattern
A. Hunting, Fishing, Gathering
There are no designated hunting, fishing or gathering resources on or near the Project site. The site is located in Palm Springs’ urban core, and is surrounded by urban development. The proposed Project would have no impact on hunting, fishing or gathering.
B. Timber Harvesting
As described above, the Project site is located on the Coachella Valley floor, about 1 mile east of the nearest slopes of the San Jacinto mountains. There are no timber resources on or in the vicinity of the Project site, and no timber will be removed as a result of the proposed Project. There will be no impact to timber harvesting from the Project.
C. Agriculture
According to the California Department of Conservation’s “California Important Farmland Mapper,” the Project site is designated “Urban and Built-Up Land.” Neither the Project site nor any portion of Section 14 is designated for agricultural use. No impacts to agriculture will occur.
D. Minerals
Mineral resource zones in the City’s General Plan are defined consistent with the Surface Mining and Reclamation Act of 1975 (SMARA), managed by the California Department of Conservation, Division of Mines and Geology. Section 14, including the Project site, is designated as a zone MRZ-3, which is described as:
“MRZ-3: Areas where the significance of mineral deposits cannot be evaluated from the available data. Hilly or mountainous areas underlain by sedimentary, metamorphic, or igneous rock types and lowland areas underlain by alluvial wash or fan material are often included in this category.
Additional information about the quality of material in these areas could either upgrade the classification to MRZ-2 or downgraded it to MRZ-1.”
The City’s General Plan does not identify any locally important mineral resources in the area, nor are any mining facilities located in Section 14. The proposed Project will not mineral resources.
E. Recreation
The City owns and maintains 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 are also open to the public. These parks and recreational areas contain an array of amenities. In addition to the Indian Canyons Golf Resort and Tahquitz Canyon Park which are located in the City, the Tribe also owns and maintains the Indian Canyons Park adjacent to the City’s southern border.
The Project will result in the development of 61 single family residences and will not induce substantial population growth that will result in significant impacts to existing neighborhood and regional parks or other recreational facilities. Less than significant impacts are expected.
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50 F. Transportation
The Project site is located at the southwest corner of Amado Road and Hermosa Drive. It is surrounded on two sides by existing paved streets. The site is bounded by vacant lands to the west, and residential uses to the south, north and east. The main access to the Project site is provided from Hermosa Drive on the easterly boundary of the property. A secondary emergency access point is also on Hermosa Drive and north of the main access.
Adjacent to the Project site, Hermosa Drive and Amado Road are designated as a Collector Roadway and Secondary Thoroughfare, respectively in the Palm Springs General Plan as indicated within the General Plan Update Traffic Analysis.
A secondary thoroughfare serves through and local traffic and may allow on-street parking.
Secondary thoroughfares can be up to 4 lanes either divided or undivided, within an 80 foot right of way. They connect various areas of the City, provide access to major thoroughfares, and serve secondary traffic generators such as small business centers, schools, and major parks.
A Collector Roadway consists of two travel lanes that carry traffic from secondary and major thoroughfares into local neighborhoods. On-street parking is permitted. Typical right-of-way for a collector is 60 feet.
Currently, the northern half of Amado Road is fully paved with curb, gutter, and sidewalk. The southern half of Amado Road along the Project boundary is only built to half width and does not include curb, gutter, or sidewalk improvements. Similarly, the eastern half of Hermosa Drive is fully paved with curb, gutter, and sidewalk; however the western half along the Project boundary is only built to half width and does not include curb, gutter, or sidewalk improvements. Buildout of the proposed Project will be required to make full improvements to both Amado Road and Hermosa Drive.
Alternative Transportation
The City’s Section 14 Specific Plan proposes a range of bicycle facilities improvements to further the Plan’s goal of “complete streets”.
Currently there are no bicycle facilities adjacent to the Project site. The City of Palm Springs has identified Amado Road as a possible Class III bike routes. The Section 14 Specific Plan proposes Class II bike lanes on Amado Road and Class III bike routes on Hermosa Drive. Class II bike lanes use signage and striping to delineate the right-of-way assigned to bicyclists and motorists. Class III bike routes are bikeways where bicyclists and cars operate within the same travel lane, either side by side or in single file depending on roadway configuration.
The Project site is approximately 700 feet north of a Sunline Transit Agency Route 4 bus stop and
0.27 miles west of a Route 2 bus stop, which provides service on Tahquitz Canyon Way and Sunrise, respectively. An existing bus stop occurs on westbound Tahquitz Canyon at Hermosa, immediately across Tahquitz Canyon from the Project. Line 14 connects Palm Springs to Desert Hot Springs, and connects to two other SunLine bus routes, Line 24 and 30, which provide service within Palm Springs and to Cathedral City, respectively. SunLine utilizes clean/alternative fuel vehicles.
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51 The Project proposes a 61-unit single family townhome residential use, which is considered less intense than the Section 14 Specific Plan anticipated for the Project site (Resort-Attraction designation). As stated previously, the Project site could be developed with 97 rooms as a hotel use. Trip generation for 97 hotel rooms, regardless of hotel type, would greatly exceed 61 single family residences according to ITE’s Trip Generation Rates (11th Edition). Therefore, transportation impacts would be less than those studied in the Section 14 Specific Plan EIR/EIS and subsequent Environmental Assessment. A more detailed discussion of traffic impacts associated with the proposed Project is provided below.
The Project will have no effect on the Palm Springs International Airport or air traffic in general, or on waterborne traffic or rail service, as it is a residential development of three-story units.
Existing Daily Level of Service (LOS)
The City and Tribe traditionally have measured traffic flow using Level of Service (LOS). The LOS standards establish a hierarchy for traffic flow which ranges from free-flow to gridlock. Table 6 describes LOS and corresponding Volume to Capacity (V/C) ratios for roadway segments.
Table 6
Level of Service Definitions for Roadway Segments
Level of
Service
Volume to
Capacity Ratio Definition
A 0.00 - 0.60 EXCELLENT. Free flow, light volumes
B 0.61 - 0.70 VERY GOOD. Free to stable flow, light to moderate volumes C 0.71 - 0.80 GOOD. Stable flow, moderate volumes, freedom to maneuver noticeably restricted
D 0.81 - 0.90 FAIR. Approaches unstable flow, moderate to heavy volumes, limited freedom to maneuver
E 0.91 - 0.99 POOR. Extremely unstable flow, heavy volumes, maneuverability and psychological comfort extremely poor
F Varies (≥ 1.00) FAILURE. Forced or breakdown conditions, slow speeds, tremendous delays with continuously increasing queue lengths
Source: Highway Capacity Manual Special Report 209, Transportation Research Board, 2000 The City’s policy, established in its General Plan, is that roadways and intersections must operate at LOS D or better. This also allows the City to maintain consistency with the Riverside County Congestion Management Plan (CMP), in which the City participates.
General Plan Existing (2012) Traffic Volumes
Level-of-service (LOS) designations for roadway operations are calculated considering the daily volume-to-capacity ratio, where the capacity of each roadway segment is based on its classification (facility type) and number of lanes. In the immediate Project vicinity, one roadway segment is included in the Section 14 Specific Plan Traffic Analysis and currently operating at LOS “A”.
Hermosa Drive is a two-lane undivided collector road and was not included in the traffic counts.
The traffic analysis determined that daily volume is accommodated within existing lane geometry and all of the segments analyzed in the Section 14 study area currently operate at an acceptable level of service according to City of Palm Springs standards.
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52 Table 7
Existing Segment Daily Level of Service
Roadway Segment Lanes (1) Volume Capacity V/C
Ratio LOS
Amado Road East of Avenida
Caballeros 2U 3,703 13,000 0.285 A
Source: Agua Caliente Band of Cahuilla Indians Traffic Impact Analysis – Section 14 Specific Plan Update prepared on December 7, 2013.
1. U = Undivided; D = Divided
The Section 14 traffic impact analysis also considered intersections within the Specific Plan area, including the intersection of Amado and Hermosa. Under existing conditions, this intersection operates at LOS B, with a two-way stop sign for the north-south traffic flow, and free-flow for east-west traffic. The intersection of Avenida Caballeros and Amado currently operates at LOS A, and the intersection of Amado and Sunrise Way operates at LOS A. These are all acceptable LOS for City intersections.
Project and Cumulative Impacts
The Project includes 61 single family townhomes. The Institution of Transportation Engineer (ITE) trip rate for single family attached homes (land use code 215) is 7.2 average daily trips per unit (ITE Trip Generation Manual 11th Edition). Using this trip rate, the proposed Project will generate 440 daily trips at buildout, including 34 trips during AM peak hour and 38 trips during PM peak hour. Consistent with Riverside County traffic impact guidelines, a traffic impact analysis is generally required when a proposed project will add 50 or more peak hour trips to an adjacent intersection. Therefore, a traffic impact analysis is not required nor was one conducted for the Project. As described below, the Project would result in 335 fewer trips than could occur on the site based on the uses allowed by the Section 14 Specific Plan. This represents a 43% reduction in trips from the Project site. As described below, the site was analyzed in the Section 14 EIR/EIS, and impacts on surrounding intersections were found to be less than significant, with improvements. Since the Project will reduce trip generation by 43% over that analyzed in the EIR/EIS, and since the impacts in the EIR/EIS were found to be less than significant, the impacts of the Project on traffic in the area will also be less than significant.
If the Project were built out to the Allowed By Zone Alternative (97-room hotel), the ITE Hotel rate (land use code 310) would be 7.99 trips, which would result in 775 ADT. This would represent an increase of 335 daily trips over the proposed Project’s trip generation. Since the traffic impact analysis for the Section 14 Specific Plan Update found that the build out of the site under the Resort Attraction designation would not result in significant impacts, with the implementation of improvements as described below, the Project’s reduction of 335 trips, and net traffic generation of 440 daily trips will also not result in negative impacts to the traffic system in the immediate future.
The Section 14 traffic impact analysis analyzed the long term (build out) impact of the Specific Plan on traffic at intersections within the Specific Plan area, including the intersection of Amado Road and Hermosa Drive. This analysis included not only build out of the Specific Plan area itself, but also of surrounding projects in the area in order to demonstrate the cumulative impacts of all development in the area at the anticipated build out year.
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53 At build out of the Specific Plan (2033), without improvements and assuming a Resort Attraction land use such as a hotel, the intersection of Amado Road and Hermosa Drive would operate at LOS C. Therefore, given the limited peak hour and daily trips generated by the proposed Project, current stop-controlled movements at this intersection will not significantly impact the intersection of Amado Road and Hermosa Drive.
The Project occurs within the boundaries of the City of Palm Springs, but is located on Tribal lands within the Reservation. The City participates in the Transportation Uniform Mitigation Fee (TUMF) program administered by the Coachella Valley Association of Governments (CVAG).
The TUMF program applies Coachella Valley-wide, and provides for the payment of fees by new developments in order to construct, improve and maintain regional roadways. This fee distributes the responsibility for regional roadway improvements across all development. As a result, the Tribe will require through conditions of approval that the Project pay an in-lieu TUMF fee prior to the initiation of Project construction. The Tribe will forward the payment to CVAG for inclusion in regional TUMF fee payments.
G. Land Use Plan
The Project proposes the development of 61 townhomes on small lots in the City’s urban core.
The Project is located on Tribal Trust land and subject to the Tribe’s Land Use Ordinance. The subject property is designated as Tribal Enterprise Zoning District, with permitted uses subject to Tribal Council determination. Based on the interest expressed by the Tribe in the Project’s design and product type, the Project is consistent with the Tribe’s goals for the future of residential development within its properties. Within the context of the City’s planning documents, the Project area is located within the Resort Attraction District envisioned in the Section 14 Specific Plan. The Project site is immediately south of the Plan’s Residential High District, the area identified as primarily residential.
The proposed Project is a gated single-family residential community. The gates will be fitted with Knox box access, allowing emergency services, including fire and police departments, direct access to the site. The layout of the Project includes a looped road to provide open circulation for residents.
3.8 Other Values
A. Wilderness
The proposed Project occurs on the Valley floor, in the City of Palm Springs’ urban core. The site is surrounded on two sides by existing paved City streets, as well as commercial and residential projects. The Project is not adjacent to, or in the vicinity of a wilderness area.
The closest federally recognized wilderness to the Project site is the Santa Rosa and San Jacinto Mountains National Monument, which occurs 1 mile west of the Project site at its closest point, and extends north and south along the western boundary of the Coachella Valley. The Bureau of Land Management and the US Forest Service manage the 280,000 acre Monument lands. The San Jacinto mountains also include the State owned and managed Mount San Jacinto State Park, in the same vicinity as the Monument.
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54 In addition to the National Monument, the Tribe’s Indian Canyons occur approximately 5-6 miles south of the Project site. These lands, managed by the Tribe, hold important biological, cultural and ethnographic resources that are significant in the Tribe’s history.
These federal, state and Tribal areas have been preserved as native open space in order to protect ecological, geologic and cultural resources, including species covered in both the Tribal Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan. Both plans rely on the acquisition and preservation of mountain lands for the protection of Peninsular bighorn sheep, among others.
The Project site is designated part of the Valley Floor Planning Area (VFPA) in the THCP, and is defined by urban development which does not contain habitat for any species covered in the Plan other than the burrowing owl. Mitigation under THCP guidance will be required to avoid and reduce potential impacts to burrowing owls. The development of the 4.2 acres for the proposed Project will not impact the implementation of the THCP because the site does not occur on land planned for conservation; however, Project will be required to pay the VFPA mitigation fee, which is designed to allow the Tribe to conserve and preserve lands within conservation areas in the VFPA. Please also see the Living Resources section above.
B. Noise
Sound is a pressure wave which is created by a vibrating object. It is technically described in terms of amplitude (loudness) and frequency (pitch).6 The standard unit of sound amplitude measurement is the decibel (dB). The decibel scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound. The pitch of the sound is related to the frequency of the pressure vibration. Since the human ear is not equally sensitive to a given sound level at all frequencies, a special frequency-dependent rating scale has been devised to relate noise to human sensitivity. The A-weighted decibel scale (dBA) provides this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear.
Noise is typically defined as unwanted sound. A typical noise environment consists of a base of steady ambient noise that is the sum of many distant and indistinguishable noise sources.
Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from traffic on a major highway. Table 8 illustrates representative noise levels in the environment.
Table 8
Representative Environmental Noise Levels
Common Outdoor Activities
Noise
Level
(dBA)
Common Indoor Activities
-110- Rock Band
Jet Fly-over at 100 feet 105
-100-
Gas Lawnmower at 3 feet 95
6 Noise and its Measurements by EPA (1961).
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55 Table 8
Representative Environmental Noise Levels
Common Outdoor Activities
Noise
Level
(dBA)
Common Indoor Activities
-90-
85 Food Blender at 3 feet
Diesel Truck going 50 mph at 50 feet -80- Garbage Disposal at 3 feet Noisy Urban Area during Daytime 75
Gas Lawnmower at 100 feet -70- Vacuum Cleaner at 10 feet Commercial Area 65 Normal Speech at 3 feet
Heavy Traffic at 300 feet -60-
55 Large Business Office
Quiet Urban Area during Daytime -50- Dishwasher in Next Room 45 Quiet Urban Area during Nighttime -40- Theater, Large Conference Room (background)
Quiet Suburban Area during Nighttime 35
-30- Library
Quiet Rural Area during Nighttime 25 Bedroom at Night, Concert Hall (background)
-20-
15 -10-
5 Lowest Threshold of Human Hearing -0- Lowest Threshold of Human Hearing Source: California Department of Transportation, Technical Noise Supplement, October 1998. http://www.dot.ca.gov/hq/env/noise/pub/Technical%20Noise%20Supplement.pdf, accessed February 2019.
Environmental noise levels are generally considered low when the CNEL is below 45 dBA, moderate in the 45–60 dBA range, and high above 60 dBA. Noise levels greater than 85 dBA can cause temporary or permanent hearing loss.
Generally, a difference of 3 dBA over 24 hours is a barely-perceptible increase to most people. A 5 dBA increase is readily noticeable, while a difference of 10 dBA would be perceived as a doubling of loudness. Noise levels from a particular source generally decline as distance to the receptor increases. A commonly used rule of thumb for roadway noise is that for every doubling of distance from the source, the noise level is reduced by about 3 dBA. Noise from stationary or point sources is reduced by about 6 dBA for every doubling of distance. Noise levels may also be reduced by intervening structures; generally, a single row of buildings between the receptor and the noise source reduces the noise level by about 5 dBA.7
The Project will generate noise during both its construction and operation. Each is discussed separately below.
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56 Noise will be generated at the Project site during construction. Noise sources during the grading and excavation phase will primarily consist of heavy equipment, including graders, bulldozers and similar vehicles, as well as the vehicle noise associated with workers’ trips to and from the site.
Noise associated with construction of the homes will be less loud, and consist of tools, generators and painting equipment. The Project site is surrounded on two sides by existing City roadways.
Residential uses are located north, east and south (under construction) of the Project site. West of the Project site is currently vacant with a commercial parking located west of the vacant lot. The distance between the Project and the surrounding residential uses to the north is 80 feet, to the east is 55 feet, and to the south is 215 feet (site under construction). The Tribe will require that the Project construction hours be limited to those required by the City, which will generally limit construction to between 7 a.m. and 7 p.m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No construction will be permitted on Sundays and Holidays. Because of the limitation of construction hours during the less sensitive daytime hours, impacts associated with construction noise emanating from the proposed Project are expected to be less than significant.
The City has established exterior noise standards for residential land uses at 65 dBA CNEL. The Palm Springs General Plan EIR determined that noise levels in 2025 on Amado Road, between Caballeros to Sunrise Way, would be 65 dBA CNEL at 80 feet from the centerline, and by 70 dBA at 37 feet from the centerline, without any mitigation.8 Amado Road is designated as a Secondary Thoroughfare with an 80 foot right of way, so the 70 dBA noise contour can be expected to occur within the street right of way, not on the Project site, without mitigation. Further, the Project proposes a masonry wall around all sides of the Project, which will provide added noise attenuation of at least 6 dB for the back yards of the individual units. Therefore, it can be expected that noise levels onsite would be considered acceptable by City standards, and consistent with the noise standards imposed on both fee and trust lands for projects in Palm Springs. Therefore, long-term noise impacts on the Project site would be less than significant.
The Project will consist of 61 townhomes, which do not generate unusually high noise levels. The residents can be expected to increase noise at the site, which is currently vacant, but the noise associated with vehicle ignition, back yard and recreational play and similar domestic activities will not impact surrounding properties, particularly given the site’s position adjacent to two roadways. It is expected that noise levels generated by the Project will be less than significant.
C. Visual and Light
The Project site is located in the City’s core, and enjoys views of the San Jacinto mountains to the west, and the San Gorgonio and San Bernardino mountains to the northwest and north. The development of the site will provide residents with continued views of these mountain ranges, and will not block views of the mountains from surrounding properties, in particular because of the partial single and three-story construction proposed. Although views of the foothills of mountains to the west may be partially obstructed for development to the east, the varied mass of townhomes, and the distance to the mountains will allow views of the mid-range and peaks of the San Jacinto mountains for these areas. The proposed Project is expected to result in less than significant impacts to visual resources.
8 City of Palm Springs General Plan Update Draft EIR, Table 5.11-10 General Plan Buildout (year 2025) Traffic Noise Levels. May 2007.
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57 The proposed Project will provide 61 townhomes in a Modern architectural style consistent with the architecture of the City’s downtown, and consistent with the mix of architectural styles that occur in the vicinity. The construction of the Project will improve the character of this infill area, and add to the eventual build out of Section 14. The maximum proposed height of the townhomes is 34 feet, which is within the permitted height of 35 feet for the Resort Attraction designation.
The proposed building heights are consistent with the two to three-story developments in the surrounding area, including the Palm Springs Convention Center and Sol residential development to the west, and will not further block any views of the San Jacinto and Santa Rosa mountains.
The Project will generate light from car headlights, landscape lighting, architectural lighting and safety lights. This level of lighting is expected to be consistent with typical residential lighting through the City and Reservation. Generally, lighting fixtures are shielded so as not to result in spill-over to adjacent properties and City streets. The lighting associated with the Project will be consistent with surrounding development, and impacts will be less than significant.
D. Public Health and Safety
The Project site, and the City as a whole, are served by the Palm Springs Fire Department and the Palm Springs Police Department. The Departments respond to calls on Reservation lands, including Tribal and allottee projects.
The Fire Department operates five fire stations throughout the City, including the headquarters station on El Cielo, which also serves the Palm Springs International Airport. The department has four engine companies, one truck Company, and a Battalion Chief on duty at all times. The Fire Department provides fire and rescue operations, basic and advanced paramedic emergency medical service and educational services. Fire services will be provided to the proposed Project by Fire Station 1, located at 277 N Indian Canyon Drive, 0.75 miles to the west of the Project site.
The Project plans will comply with the Agua Caliente Band of Cahuilla Indians Tribal Building and Safety Code. Project plans will be subject to review and conditions by the Tribal Fire Marshall to ensure that the development is compliant with the current Tribal Fire Code and other applicable regulations.
Palm Springs Police Department is currently authorized 93 sworn police officer positions, which include the Chief, two captains, four lieutenants and 14 sergeants. These personnel are assigned to Administration, Patrol, Investigations, Traffic, Airport, Bicycle Patrol, and other specialized details. The Police Department also provides educational and outreach programs to the community.
As described in the Section 14 EIR/EIS, impacts associated with police and fire services are expected to be less than significant. That document considered a more intense hotel land use on the Project site, and the implementation of the proposed Project would substantially reduce the demand on emergency services, due to both the reduction in intensity from hotel to residential use, and the smaller scale and mass of structures.
The proposed Project will result in 61 single family homes on 4.2 acres in the City’s urban core.
The Project plans will be reviewed by both the Fire and Police departments for compliance with their standards, which are consistent with building code standards enforced by both the Tribe and the City.
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58 The main entry provides emergency access at the entry gate, via a Knox box. In addition, a secondary emergency access point will be provided from the property’s northeastern boundary to Hermosa Drive. The access point will be gated, equipped with access hardware to Fire Department standards, and will provide an alternative access point for emergency vehicles. Less than significant impacts to fire protection services are expected to result from the Project.
E. Climate Change (Greenhouse Gasses)
Air pollution is a chemical, physical, or biological process that modifies the chemistry and other characteristics of the atmosphere. The primary contributor to air pollution is the burning of fossil fuels used in transportation, power and heat generation, and industrial processes. The byproducts from the combustion of fossil fuels can contain air polluting substances. These emissions are responsible for the poor air quality that is evident in industrial centers worldwide.
Some air polluting agents are also greenhouse gases (GHG), including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases (hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride), which are released into the atmosphere through natural processes and human activities. GHGs are expressed in metric tons (MT) of CO2e (carbon dioxide equivalent).
These gases are termed greenhouse gases due to their shared characteristic of trapping heat, and they are believed to be responsible for the global average increase in surface temperatures of 0.7-
1.5 °F that were observed during the 20th century.9 The quantity of greenhouse gases in the atmosphere has increased significantly over a relatively short period. More recently, the concentration of CO2 in the atmosphere had increased by 42%, methane by 15%, and NOx by 9% from 1990 to 2010.10
Carbon dioxide is the primary greenhouse gas that has raised the most concern of atmospheric scientists due to current atmospheric levels, current and projected emission levels, and the highly correlated temperature regression curve that has been observed, predicting a future path of rising carbon dioxide levels. Currently (2017), carbon dioxide concentrations in the atmosphere exceed 400 ppm. Comparatively, prior to the Industrial Revolution, about 250 years ago, CO2 levels were 278 ppm, and over the past 650,000 years carbon dioxide levels have fluctuated between 180 and 300 ppm, making present day atmospheric CO2 levels substantially greater than at any point in the past 650,000 years.11
State laws such as Assembly Bill 32 (AB 32) and Senate Bill 32 (SB 32) require all cities to reduce greenhouse gas emissions to 1990 levels by the year 2020. SB 32 is the extension of AB 32 which requires the state to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. 9 U.S. Environmental Protection Agency, State of Knowledge, 2017. 10 U.S. Environmental Protection Agency, Figure 1: Global Greenhouse Gas Emissions by Gas, 1990-2010, May 2014. 11 “Working Group III Contribution to the Intergovernmental Panel on Climate Change Fourth Assessment Report, Climate Change 2007: Mitigation of Climate Change,” prepared by the Intergovernmental Panel on Climate Change, May 2007.
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59 GHG Thresholds
On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that only applies to industrial uses’ stationary sources where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project’s greenhouse gas emissions would be considered significant if it could not comply with at least one of the following “tiered” tests:
• Tier 1: Is there an applicable exemption?
• Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32?
• Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation? Impact Significance Considerations
The proposed Project will generate GHG emissions during both construction and operation. As described in the Air Quality section above, the California Emissions Estimator Model (CalEEMod) Version 2022.1.1.18 was used to quantify air quality emission projections, including greenhouse gas emissions (Appendix A).
Construction activities will result in short-term GHG emissions associated with operation of construction equipment, employee commute, material hauling, and other ground disturbing activities. As shown in Table 9, the Project will generate 937 CO2e metric tons during the 28- month construction period. There is currently no construction related GHG emission thresholds for projects of this nature. To determine if construction emissions will result in a cumulative considerable impact, buildout GHG emissions were amortized over a 30-year period and added to annual operational emissions to be compared to applicable GHG thresholds (see Table 9, below).
At buildout, there are five emission source categories that will be contributing either directly or indirectly to operational GHG emissions, including energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off-gassing), and mobile sources. The proposed Project is a residential development and comparable to the Tier 3 SCAQMD’s residential thresholds of 3,000 MTCO2e/yr. Table 9 provides a summary of the projected short-term construction and annual operational GHG generation associated with buildout of the proposed Project. The Project complies with the Tier 3 threshold because emissions will not exceed the 3,000 MT/yr threshold. Therefore, Project impacts will be less than significant.
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60 Table 9
Projected GHG Emissions Summary (Metric Tons)
Phase CO2e (MT/YR)
Construction (2024-2026)
Construction Total 937
Operation
Construction: 30 year amortized 1 31.23
Annual Operation 720
Total Operation 751.23
SCAQMD Threshold (Residential) 3,000.00
1. Buildout construction GHG emissions were amortized over 30- years then added to buildout operational GHG emissions. 937/30 = 31.23
F. Indian Trust Assets
The Project site is an Indian Trust Asset, insofar as it is a parcel of land beneficially owned by the Tribe that has monetary value. A Tribal Member/Allottee also holds beneficial interest in the parcel immediately to the west of the Project site, which is currently vacant and for which there are no known development plans. Land to the south is held in fee and privately owned, while the parcels to the north and east, across Amado Road and Hermosa Drive are Allotted parcels. The Project site is within Section 14, an area of the City that is Reservation land containing Tribal, Allotted and Fee parcels. The Agua Caliente Indian Reservation map of Land Use Ordinance Zoning Districts designates the Project site as Tribal Enterprise, which allows uses subject to Tribal Council determination.
The Tribe in this case will lease the property for the long-term development of 61 townhomes to be sold to private individuals. The land will remain Tribal Trust land, and will generate income to the Tribe in the form of annual leases for the individual lots and common areas. The Bureau of Indian Affairs has responsibility to review and approve the leases for the property, in order to protect and maintain the rights of the Tribe granted through treaties, statutes and executive orders.
The build out of the Project will expand the Tribe’s portfolio of assets, and its economic base, by adding ground lease revenues on an annual basis. These revenues are expected to provide a positive impact to this Indian Trust Asset for the Tribe.
G. Hazardous Materials
The Section 14 Specific Plan Update IS/EA found that based upon review of the State Cortese List, a compilation of various sites throughout the State that have been compromised due to soil or groundwater contamination from past uses, Section 14 does not include any sites listed as hazardous waste and substance sites by the Department of Toxic Substances Control (DTSC), or any site listed as having an active or open leaking underground storage tank (LUFT) site by the State Water Resources Control Board (SWRCB). Section 14 does, however, have two sites listed as having a previous LUFT by the SWRCB, neither of which were on or near the Project site. Both of these sites have been cleaned and their cases have been closed by the SWRCB; therefore, the impact of any future development on these sites creating a significant hazard to the public or the environment is less than significant.
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61 Database searches were conducted of the Environmental Protection Agency’s (EPA) Envirofacts information platform and the State of California Geotracker and Envirostor platforms to identify sites at or near the Project site that have previously experienced State or federal regulation. Neither the Project or surrounding sites were identified in these database searches, and no impact relating to hazardous materials is expected to occur on the Project site.
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62 4.0 MITIGATION
As defined in CEQ Regulations (40 CFR 1508.20) mitigation can include:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impact by limiting the degree of magnitude of the action and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute resources or environments.
Unless provided otherwise by Federal regulations (e.g. Clean Water Act) the enforceability of the following mitigation measures will be achieved through Project approval by the Agua Caliente Band of Cahuilla Indians. This section also includes standard conditions which the Tribe imposes on projects, and which it will impose on this Project.
4.1 Land Resources Mitigation
Standard Conditions for Geotechnical:
• The Project proponent shall implement the recommendations included in the “Geotechnical Investigation, Proposed Residential Development, SWC East Amado Road & North Hermosa Drive” prepared by Sladden Engineering in July 2023 and incorporate its findings in grading plans, foundation design and structural load calculations as required to assure safe project construction.
4.2 Air Quality Mitigation
Standard Conditions for Air Quality:
• A Fugitive Dust (PM10) Control Plan will be reviewed and approved prior to issuance of a grading permit.
• The Tribe shall place a condition of approval on the Project requiring the developer to include on all grading plans a note that requires the construction contractor to implement the following measures during grading operations:
o Contractors shall use Tier 1 or higher construction equipment. o Construction contractors shall maintain construction equipment engines by keeping them tuned according to manufacturers’ standards.
o Contractors shall schedule construction operations to minimize traffic congestion.
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63 o Contractors shall develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, on-street signage and traffic control devices or personnel).
4.3 Living Resources Mitigation
Standard Condition for Living Resources:
• Prior to issuance of grading permits for the Project, the Project proponent shall pay the THCP VFPA fee that will be used to acquire and manage habitat preserve lands.
Mitigation for Living Resources:
• Prior to any ground or habitat disturbance on the Project site, a pre-disturbance survey will be conducted by a Qualified Biologist for the presence of burrowing owls consistent with the guidance provided in THCP:
1. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31 if possible. Relocation, if necessary, should, at a minimum, comply with the standards of the California Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation (March 7, 2012).
4.4 Cultural Resources Mitigation
No known historic resources are present in the APE (Area of Potential Effect), and thus no known historic properties will be affected by the undertaking as currently proposed. The implementation of the following Standard Conditions will assure that no impacts to Tribal cultural resources occur.
Standard Conditions for Cultural Resources:
• ACBCI THPO Monitor Required. Approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present during all ground disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a qualified Archaeologist (secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the Agua Caliente Tribal Historic Preservation Office. • ARPA Compliance. To the extent a portion of Project development is located on “public lands” or “Indian lands,” as those terms are defined in 16 U.S.C. § 470bb, Client shall not excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on said lands unless such activity is pursuant to a permit issued under 43 C.F.R. § 7.8 or exempted by 43 C.F.R. § 7.5(b). As used in this Section, the term “archaeological resource” has the meaning ascribed to it in 16 U.S.C. § 470bb.
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64 • NAGPRA Compliance. To the extent a portion of Project development is located on “federal lands” or “tribal lands” as those terms are defined in 25 U.S.C. § 3001, Project contractor shall comply with the requirements of the Native American Graves Protection and Repatriation Act (25 U.S.C. §§ 3001 et seq.), as implemented by 43 C.F.R. §§ 10.4 to
10.6, which include, but are not limited to: (i) compliance with the requirements for the intentional removal from or excavation of Native American cultural items from federal or tribal lands for the purposes of discovery, study, or removal of such items; and, in the case of inadvertent discovery, (ii) notification in writing of the applicable Secretary of the federal department, or head of any other agency or instrumentality of the United States, having primary management authority with respect to federal lands and the appropriate Indian tribe with respect to tribal lands, if known or ascertainable, if the Project contractor knows or has reason to know that it has discovered Native American cultural items on federal or tribal lands; and (iii) cessation of activities in connection with the discovery in in the area of discovery. As used in this Section, the term “cultural items” has the meaning ascribed to it in 25 U.S.C. § 3001.
Although no known resources have been identified, excavation is likely to occur to a greater depth and area. Should human remains be discovered during construction of the proposed Project, the Project contractor would be subject to the Tribe’s “Treatment of Human Rights Policy” (ACBCI Tribal Historic Preservation Organization and Policies, 2004) which is consistent with NAGPRA regarding the discovery and disturbance of human remains. In that circumstance the Cultural Monitor has the authority to halt destructive activities in the immediate area and the THPO will work with Tribal Council on treatment and disposition of the remains.
4.5 Resource Use Mitigation
Standard Condition for Traffic:
• Design of off-site Street Improvement Plans shall be reviewed and approved by the City of Palm Springs Engineering Department.
• The Project will make an in-lieu contribution to planned off-site roadway improvements of regional benefit equivalent to the TUMF that would be required if the Project were subject to TUMF.
4.6 Other Values Mitigation
Standard Condition for Noise:
• Unless otherwise approved by the Tribe, construction activities shall only be allowed between 7 a.m. and 7 p. m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No construction shall be allowed on Sunday and during City recognized holidays.
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65 5.0 LIST OF CONTRIBUTORS
Nicole Sauviat Criste
Principal
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Ste 101
Palm Desert, CA 92211
Kelly Clark
Senior Planner
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Ste 101
Palm Desert, CA 92211
6.0 CONSULTATION
The following resources were consulted with the preparation of this document:
Dan Malcolm, AICP
Director of Planning
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
Patricia Garcia
Director of Tribal Historic Preservation
5401 Dinah Shore Drive
Palm Springs, CA 92264
7.0 BIBLIOGRAPHY
Palm Springs General Plan, 2007.
Trip Generation Rates - 11th Edition, Institute of Transportation Engineers.
CalRecycle Solid Waste Information System (SWIS) Facility Detail, accessed August 2023.
Environmental Impact Report/Environmental Impact Statement FINAL – Section 14 Master Development Plan Specific Plan, July 2002.
Section 14 Specific Plan Update Initial Study/Environmental Assessment with Finding of No Significant Impact, December 12, 2013.
Item 1JJ - Page 144
Latitude 61 Townhomes
Environmental Assessment
66 Section 14 Specific Plan, July 2014.
Coachella Valley Regional Urban Water Management Plan, June 2021.
City of Palm Springs Sewer Master Plan, February 2009.
Geotechnical Investigation, Proposed Residential Development, SWC East Amado Road & North Hermosa Drive, Sladden Engineering in July 2023
Percolation/Infiltration Test for On-Site Storm Water Management, Sladden Engineering, July 2023.
Preliminary Hydrology and Drainage Report, Heitec Consulting, August 30, 2023 Preliminary Water Quality Management Plan, Heitec Consulting, August 30, 2023 California Department of Toxic Substances Control. EnviroStor. www.envirostor.dtsc.ca.gov/ public/search.asp, accessed August 2023.
California State Water Resources Control Board. GeoTracker. http://geotracker.waterboards. ca.gov, accessed August 2023.
United States Environmental Protection Agency, Envirofacts. https://enviro.epa.gov/index.html, accessed August 2023.
United States Fist and Wildlife Service, IPaC Information for Planning and Consultation, https://ipac.ecosphere.fws.gov/. Accessed August 2023.
California Department of Forestry and Fire Protection. Very High Fire Hazard Severity Zones in LRA - Palm Springs, accessed August 2023.
Item 1JJ - Page 145
Appendix A
(Available Upon Request)
Air Quality and Greenhouse Gas Emission Outputs
for
Latitude 61
CalEEMod Version 2022.1.1.18
Item 1JJ - Page 146
Appendix B
(Available Upon Request)
US Fish and Wildlife Service Species List
for
Latitude 61 Condominiums
Item 1JJ - Page 147
Appendix C
(Available Upon Request)
Geotechnical Report
Item 1JJ - Page 148
Appendix D
(Available Upon Request)
Hydrology and Drainage Report
Item 1JJ - Page 149
CITY COUNCIL STAFF REPORT
12/14/2023
SUBJECT:
VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY, SHOWN AS LOT D & LOT C, CROSSLEY TRACT, MB 32/44, AND RESERVATION OF PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230)
RECOMMENDATION:
1. Open the public hearing and take testimony.
Adopt A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC
RIGHT-OF-WAY IN A PORTION OF MARGUERITE STREET AND MARTHA
STREET, SHOWN AS LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT, MB 32/44, AND RESERVATION OF A PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230),
AND APPROVING A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)."
2. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 PUBLIC HEARING
SUBJECT: VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY, SHOWN AS LOT D & LOT C, CROSSLEY TRACT, MB 32/44, AND RESERVATION OF PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The California Streets and Highways Code Division 9, Part 3, Chapter 3, Section 8320 allows the City to consider vacating public streets under certain conditions. In this case, the City Council may vacate a previously dedicated public street and service easement through the adoption of a Resolution after holding a Public Hearing. Marguerite Street and Martha Street are shown as Lot C and Lot D, respectively, on Crossley Tract, Map Book 32/44. These streets are currently identified on the City’s 2007 General Plan Circulation Element as 60-foot- wide Collector streets and the applicant, as the owner of property burdened by the excess right-of-way, is requesting that the City vacate it.
RECOMMENDATION:
1. Open the public hearing and take testimony; and
2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHTOF-WAY IN A PORTION OF MARGUERITE STREET AND MARTHA STREET,
SHOWN AS LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT, MB 32/44, AND RESERVATION OF A PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230), AND
APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)." Item 2A - Page 1
City Council Staff Report
December 14, 2023-- Page 2
Vacation of a Portion of Martha Street & Marguerite Street BACKGROUND:
When the tract was recorded with the County Clerk on December 20, 1956, the Crossley Tract was under the jurisdiction of Riverside County, and not within the Palm Springs city boundary. The said tract shows Lots A-D as 34th Avenue, Lawrence Street, Marguerite Street, and Martha Street, respectively, as public roads. However, the Riverside County Board of Supervisors specifically did not accept the dedication of said Lots A-D as public county roads.
On May 5, 1982, the Palm Springs City Council approved Resolution No. 14198, directing the City Clerk to notify the Local Agency Formation Commission (LAFCO), of their approval to Annexation No. 22 and the annexation of the Crossley Tract, including all lots, public easements, and public roadways as shown on the recorded tract map.
On December 12, 2022, Staff received an application from La Wanda Roy of 2230 Marguerite Street, Palm Springs, owner of the property located at the northeast corner of the intersection of the subject streets, to vacate a portion of public right-of-way adjacent to her property in order to build an Accessory Dwelling Unit (ADU).
VICINITY MAP
NORTH
CROSSLEY TRACT
MB 32/44
2230 Marguerite
Street
Item 2A - Page 2
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City Council Staff Report
December 14, 2023-- Page 3
Vacation of a Portion of Martha Street & Marguerite Street AERIAL MAP AND SURROUNDING PROPERTIES I.D.
STAFF ANALYSIS:
The proposed vacation of a portion of Martha Street and Marguerite Street rights-of-way will not affect the 2007 General Plan Circulation element as street improvements have already been installed. The west end of the right-of-way adjoins a parcel within the Cathedral Canyon Country Club golf course and maintenance yard and is separated by a chain link fence. Said parcel is Indian-owned and leased by Falcon Properties for the golf course. A search of the City Clerk records did not reveal any type of access easement between the City and the golf course parcel along the Martha Street alignment.
California Government Code Section 65402 requires that “…no street shall be vacated or abandoned…until the location, purpose and extent of such…street vacation or abandonment…have been submitted to and reported upon by the planning agency as to conformity with (the) adopted general plan or part thereof.” Further, the California Streets and Highways Code Section 8313(a) requires that “If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement.” Accordingly, on October 23, 2023, the City’s Planning Commission reviewed and recommended approval of the proposed right-of-way vacation and adopted Resolution No. 6949 finding that portions of Martha Street and Marguerite Street are shown as Collectors on the City’s 2007 General Plan, and that vacation and abandonment of the requested portion of right-of-way would not conflict with the City’s General Plan.
Section 8320 of the California Streets and Highways Code, (the “Code”), allows the City Clerk to administratively schedule a public hearing for the City Council’s consideration of the requested right-of-way vacation. Section 8322 of the Code requires that notice of the public hearing be published for at least two successive weeks prior to the public hearing; Item 2A - Page 3
MARTHA
STREET ~ CATHEDRAL CANYON
COUNTRY CLUB
GOLF COURSE
City Council Staff Report
December 14, 2023-- Page 4
Vacation of a Portion of Martha Street & Marguerite Street public notice was published accordingly in The Desert Sun. Further, Section 8323 of the Code requires that at least two weeks prior to the public hearing, notices of the requested right-of-way vacation be posted conspicuously along the line of the street proposed to be vacated; the notices were posted at the end of Martha Street on November 20, 2023.
Local public utility companies were contacted with a legal description of the proposed vacation and a response form, approving or denying the vacation. If approving, the public utilities are asked about specific conditions to allow the vacation, such as reservation of facility easements, etc. The following public utilities approved the requested vacation with no reservations or conditions citing no facilities in the area. • Frontier Communications
• Southern California Edison
• Southern California Gas
• Spectrum-Charter
Communications
• Veolia N.A.
Desert Water Agency is requiring a 35-foot wide by 60-foot long Public Utility Easement (PUE), with the southwest corner of the right-of-way vacation area to protect a 6-inch diameter waterline projecting north from the El Dorado Mobile Home Park on the southeast side of Martha Street and jogs westerly to continue to the west boundary of Martha Street right-of-way, also connecting to an 8-inch waterline that travels northerly within Marguerite Street right-of-way. The proposed right-of-way vacation contains approximately 7,330 square feet. However, the reservation of the PUE reduces any additional buildable area to approximately 5,230 square feet.
PUBLIC UTILITY EASEMENT (PUE) LOCATION WITHIN VACATION AREA 2230 MARGUERITE STREET
6-inch
Waterline
Item 2A - Page 4
City Council Staff Report
December 14, 2023-- Page 5
Vacation of a Portion of Martha Street & Marguerite Street Staff recommends the City Council adopt the Resolution (Attachment A), which will vacate a portion of Marguerite Street and Martha Street, shown as Lots C & D, respectively, in the Crossley Tract, MB 32/44, within Section 29, Township 3 South, Range 4 East. Said Resolution will reserve a 35-foot wide by 60-foot long Public Utility Easement in the southwest corner of the vacated right-of-way area for public utilities. This PUE will not allow any development within this area to protect public utility facilities. The Right of Way Vacation and PUE are described and shown in Exhibits “A”, “B”, and “C” (Attachment B).
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.
In accordance with Section 15061(b)(3) of the CEQA Guidelines, the removal of access restrictions to Lots 1 - 3, 62, & a portion of Lot 63, within PM 20820, are exempt from CEQA, as a common-sense exemption. Therefore, Notices of Exemption will be prepared and filed with the Riverside County Clerk.
ALIGNMENT WITH STRATEGIC PLANNING:
N/A.
FISCAL IMPACT:
There will be no fiscal impact by this City Council action.
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Exhibits “A”, “B”, & “C”
Item 2A - Page 5
ATTACHMENT A
Item 2A - Page 6
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A VACATION
AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN PUBLIC RIGHT-OF-WAY IN A PORTION OF
MARGUERITE STREE AND MARTHA STREET, SHOWN AS
LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT,
MB 32/44, AND RESERVATION OF A PUBLIC UTILTIY
EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4
EAST (ENG. FILE R 22-04-2230), AND APPROVING A
DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHERE AS, the California Streets and Highways Code Division 9, Part 3, Chapter 3, Section 8320 allows the City to consider vacating public streets under certain conditions. In this case, the City Council may vacate a public street or service easement through the adoption of a Resolution with a Public Hearing and cause the publishing and posting of the hearing notices as required by this chapter.
WHERE AS, in accordance with California Streets and Highways Code Section 8313 and California Government Code Section 65402, the proposed and partial vacation and abandonment of public right-of-way for a portion of Martha Street and Marguerite Street located near the property located at 2230 Marguerite Street at western end of Martha Street, (hereinafter the “Vacated Area”) requires review by the City of Palm Springs Planning Commission.
WHERE AS, Desert Water Agency has approved the subject right-of-way vacation on the condition that a Public Utility Easement be reserved to protect its underground facilities within a portion of the proposed vacation area.
WHERE AS, the Planning Commission considered the proposed vacation at its October 25, 2023, meeting, and determined that the vacation of the Vacated Area was consistent with the 2007 General Plan.
WHERE AS, the City Council has considered all evidence submitted concerning the Vacated Area, as further described on Exhibit “A” and as shown on Exhibit “B”, attached hereto and made a part hereof, and determined that the Vacated Area is unnecessary for present or prospective public use.
WHERE AS, Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”), and pursuant to the CEQA Guidelines, Section 15301 “Existing Facilities,” Class 1 projects consist of the minor alteration of existing public structures or topographical Item 2A - Page 7
features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
WHERE AS, in accordance with Section 15301(c) of the CEQA Guidelines, the City Council has determined that approval of the requested right-of-way vacation is considered categorically exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The findings and determinations 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 Resolution.
Section 2. The California Streets and Highways Code Division 9, Part 3, Chapter 3, Section 8320 allows the City to consider vacating public streets under certain conditions.
Staff did cause the publishing and posting of the public hearing notices as required by law.
Section 3 In accordance with California Streets and Highway Code Section 8313 and California Government Code Section 65402, the proposed vacation and abandonment of the Vacated Area, as described in Exhibit “A” and depicted in Exhibits “B”, attached hereto and made a part hereof, was considered and reviewed for consistency with the General Plan by the City of Palm Springs Planning Commission on April 28, 2021.
Section 4. The City Council does hereby find that the proposed vacation and abandonment of the Vacated Area is unnecessary for present or prospective public use, except as further noted herein.
Section 5. Subject to Section 6, the City Council does hereby vacate and abandon all the City’s right, title and interest in the Vacated Area, and that from and after the date this Resolution is recorded in the records of the Riverside County Recorder, that the Vacated Area shall no longer constitute a public street.
Section 6. The City Council does hereby reserve a 60-feet long by 35-feet wide Public Utility Easement within the proposed vacation area to protect existing underground facilities owned by Desert Water Agency. The reserved public utility easement is depicted on Exhibit “C.” Access to public utility facilities shall be maintained as required by the owner thereof.
Section 7. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County.
Item 2A - Page 8
Section 8. The City Council hereby determines that the action undertaken by this Resolution is categorically exempt from CEQA pursuant to Section 15301(c) “Existing Facilities,” as a Class 1 project consisting of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the City Council’s determination.
ADOPTED THIS 14TH DAY OF DECEMBER 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 2A - Page 9
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby 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 December 14, 2023, 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 14th day of December 2023.
BRENDA PREE
CITY CLERK
Item 2A - Page 10
ATTACHMENT B
Item 2A - Page 11
Item 2A - Page 12
EXHIBIT ''N'
APPROVED LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
R 22-04-2230
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF LOT C AND LOT D OF CROSSLEY TRACT, RECORDED IN BOOK 32 OF MAPS, PAGE 44, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT D;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT D, NORTH 00°05'00" EAST, 60.00 FEET TO THE NORTHEAST CORNER OF SAID LOT D;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT D, NORTH 89°24'30" WEST, 95.22 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 89°30'15, AN ARC LENGTH OF 39.05 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT C;
THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00°0510011 WEST, 84.78 FEET TO THE SOUTHERLY LINE OF SAID LOT D; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, SOUTH 89°24'30" EAST, 120.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 7331.37 S.F., 0.17 AC., MORE OR LESS.
SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS AND RIGHT OF WAYS OF RECORD, IF ANY.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
PREPARED BY ME OR UNDER MY SUPERVISION
&JJJ.(l_ ROBERT JcfHNDAWSON, PLS DATE