HomeMy WebLinkAboutDA SP GPA CZ EA 14-332 TPM 36792 and TTM 36793- Palm Desert University Gateway, LLC - PD 80 T & S, LLC 03-12-2015CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A DEVELOPMENT AGREEMENT, A
SPECIFIC PLAN, A GENERAL PLAN AMENDMENT AND A
CHANGE OF ZONE TO ESTABLISH LAND USE DESIGNATIONS, A
TENTATIVE PARCEL MAP TO ESTABLISH NINE PARCELS
WITHIN THE SPECIFIC PLAN AREA, AND A TENTATIVE TRACT
MAP TO SUBDIVIDE 38+ACRES INTO 166 SINGLE-FAMILY HOME
LOTS, LOCATED ON 152 ACRES NORTH OF GERALD FORD
DRIVE, SOUTH OF PACIFIC UNION RAILROAD, EAST OF
PORTOLA AVENUE AND WEST OF TECHNOLOGY DRIVE
SUBMITTED BY: Eric Ceja, Associate Planner
APPLICANTS: PD 80 T & S, LLC
38 Clancy Lane South
Rancho Mirage, CA 92270
Palm Desert University Gateway, LLC
38 Clancy Lane South
Rancho Mirage, CA 92270
CASE NOS: DA/SP/GPA/CZ/EA 14-332
TPM 36792, TTM 36793
DATE: March 12, 2015
CONTENTS: 1. Draft Development Agreement and Specific Plan Ordinance No.
1281
2. Draft General Plan Amendment Resolution No. 2015-14
3. Draft Change of Zone Ordinance No. 1282
4. Draft Tentative Parcel Map 36792 and Tentative Tract Map 36973
Resolution No. 2015-15
5. Legal Notice
6. "The Millennium" Specific Plan Document
7. Development Agreement
8. Tentative Parcel Map 36792
9. Tentative Tract Map 36793
10. Tentative Tract Map 36793 Conceptual Site Plan
11. General Plan and Zoning Amendment Exhibits
12. Initial Study and Mitigated Negative Declaration
13. Draft Planning Commission Meeting Minutes - February 17, 2015
Staff Report
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Recommendation
14-332; TPM 36792; TTM 36793: The Millennium
1. Waive further reading and pass to second reading City Council Ordinance
No. 1281 approving Development Agreement 14-332, The Millennium Palm
Desert Specific Plan and a Mitigated Negative Declaration of Environmental
Impact.
2. Waive further reading and adopt City Council Resolution No. 2015-14
approving General Plan Amendment 14-332.
3. Waive further reading and pass to second reading City Council Ordinance
No.1282 approving Change of Zone 14-332.
4. Waive further reading and adopt City Council Resolution No. 2015-15
approving Tentative Parcel Map 36792 and Tentative Tract Map 36793,
subject to conditions.
Executive Summary
Approval of staffs recommendation will result in the approval of The Millennium Palm
Desert Specific Plan, a Development Agreement, Tentative Parcel and Tentative Tract
Maps, and a Change of Zone and General Plan Amendment, to cover the project area.
The project, referred to as "The Millennium Palm Desert," covers 152 acres of a multi -
phased, multi -use development inclusive of 166 detached single-family homes, 450 to 550
multi -family housing units, 10 acres of business park development, 40 acres for hotel and
retail developments, and a 27-acre regional park. Architectural plans are not a part of this
proposal and each parcel, with the exception of the single-family home site, will require
independent review and public hearings through the City's Precise Plan process. Staff is
recommending that the City Council not approve the related Land Swap Agreement as part
of their consideration until all parties are in good standing with the City as described in the
report below.
Planning Commission
The City's Planning Commission held a public hearing to consider the proposed
applications and the Mitigated Negative Declaration at their meeting on February 17, 2015.
The commissioners discussed the various aspects of the project including the request for
additional heights in Planning Area 1, and Planning Areas 7 and 8. Ultimately, the
Commissioners voted in favor 3-0-2, with two commissioners absent, to recommend
approval of the documents to the City Council. No members from the public spoke in favor
or against the proposed project.
Parks and Recreation Commission
The City's Parks and Recreation Commission reviewed the proposed land swap at their
meeting on November 4, 2014. At that meeting the Commission discussed the land value
of the City parcels and the land value of the developer's parcels. Generally, the
Commission was in favor of the land swap, but continued the item until land appraisals
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could be provided to ensure land values were similar. On January 13, 2015, the
Commission received a memo from staff regarding the completed appraisal and
methodology used. The Commission again was in favor of the land exchange as the land
adjacent to the future overpass would be better used for commercial development and
sales tax generation. The Commission voted 4-1-3, with 3 commissioners absent, to
recommend approval of the land swap.
Background
A. Property Description:
The proposed Specific Plan encompasses 152 acres bounded by Gerald Ford Drive to
the south, Union Pacific Railroad to the north, Portola Avenue to the west, and
Technology Drive to the east. The project area is undeveloped, relatively flat, and
consists of blow sand and native vegetation. The Union Pacific Railroad, Interstate 10
(1-10) and Southern California Edison (SCE) easements bound the property to the
north.
B. General Plan and Zoning:
Zone: P.R.-22 (Planned Residential 22 d.u./ac)/Planned Community
Development Overlay
General Plan: I -BP (Industrial Business Park)/MU (Mixed Use Commercial/High
Density (RH) 10-22 du/ac)/OS/PP (Open Space Parks)
C. Adjacent Zoning and Land Use:
North: City Limits — Union Pacific Railroad/Interstate 10
South: P.C.D. — Planned Community Development/P.R.-5 — Planned
Residential (University Park) — Vacant
East: P.C.D./F.C.O.Z — Planned Community Development/Freeway
Commercial Overlay Zone — Miscellaneous retail, restaurants,
Department of Motor Vehicles, and hotels
West: P.R.-5 — The Gallery (Single -Family Homes)
Project Description
The applicant has submitted a Specific Plan document (Attachment 6) that includes
amendments to the City's General Plan and Zoning land use designations, a Tentative
Tract and Tentative Parcel Map to subdivide the areas within the Specific Plan boundaries,
and a Development Agreement to establish timing and responsibilities for improvements
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14-332; TPM 36792; TTM 36793: The Millennium
within the Specific Plan area.
A. Specific Plan
The applicant has submitted a Specific Plan document to develop 152 acres in the City
of Palm Desert. The Specific Plan includes information related to the existing conditions
of the site, existing and proposed street circulation patterns, a land use plan,
development standards, and design criteria for the development of nine (9)
independent Planning Areas (PA). The objective of the Specific Plan is to provide the
City with a range of housing options, development that supports the University of
California, Riverside (UCR) and California State University, San Bernardino (CSUSB)
Palm Desert campuses, expand employment opportunities and the sales tax base
within the City, and the development of a high quality, well designed project that creates
synergies between a mix of compatible land uses. The Specific Plan also emphasizes
the importance and desire to provide non -vehicular travel and connectivity between the
nine (9) Planning Areas. The Planning Areas within the Specific Plan are as follows.
Planning Area 1: PA1 consists of 38 acres located at the southeast corner of Portola
Avenue and Dinah Shore Drive. PA1 is proposed to be zoned Planned Residential — 6
units per acre (P.R.-6). The development of the PA is expected to be single-family
detached homes, with three distinct product types and lot sizes. Lot sizes will be a
minimum of 7,200 square feet, 5,000 square feet, and 3,200 square feet for cluster type
housing. The following development standards are proposed for PA1:
Planning Area 1 Development Standards*
Maximum Overall Density
6 units/acre
Minimum Lot Size
3,800 s.f.
Minimum Lot Width
50 ft.
Minimum Lot Depth
64 ft.
Front Yard Setback min.
10 ft.**
Front Yard Setback, Garage min.
15 ft.**
Single -Family Detached Side Yard Setback
min.
5 ft. each side
Cluster Units - Side Yard Setback min.
3 ft. each side
Street Side Yard Setback
10 ft.
Rear Yard Setback min.
10 ft.
Maximum Lot Coverage
50%
Maximum Height, 1 story
20 ft.
Maximum Height, 2 story
27 ft.
Maximum No. of Stories
2
Minimum Unit Size
1,000 s.f.
'Development standards not listed in this table shall be consistent with the Zoning Ordinance
Development Standards for the Planned Residential district, Section 25.10.050.6.
'"For clustered units, auto court units or similar product, the front yard setback on drive aisles
or alleys can be 3 feet.
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14-332; TPM 36792; TTM 36793: The Millennium
Planning Area 2: PA2 consists of 3.2 acres located at the northeast corner of Gerald
Ford Drive and Portola Avenue. PA2 is proposed to be zoned General Commercial (C-
1). This commercial designation allows for a range of commercial uses including retail,
office, and convenience shopping. PA2 is bounded by PA1 to the north and east. A
pedestrian connection is provided between PA1 and PA2 for residents.
Planning Area 3: PA3 consists of 21.6 acres located at the northeast corner of Portola
Avenue and Dinah Shore Drive. PA3 is proposed to be zoned Planned Regional
Commercial (PC3) with a Freeway Commercial Overlay Zone (FCOZ). Both the PC3
and FCOZ zoning designations allow big- and mid -sized retail stores, drive-thru
restaurants, entertainment and cultural uses, offices, and hotel development.
Planning Area 4: PA4 consists of 10 acres located along the north side of Technology
Drive. PA4 borders PA9 to the west and vacant land to the east. PA4 is proposed to be
zoned Service Industrial for the development of a business park. PA4 is expected to
develop employment opportunities with a research and development emphasis in close
proximity to the UCR and CSUSB Palm Desert campuses.
Planning Area 5 and 6: PA5 consists of 3.5 acres located along the south side of
Technology Drive. PA6 consists of 12.3 acres located at the northwest corner of
Technology Drive and Gerald Ford Drive. Both parcels are proposed to be zoned
Planned District Commercial (PC2). The PC2 zone is intended to provide commercial
services in close proximity to residential development. The PC2 zone allows mid -sized
commercial retail and office uses, grocery stores, and hotels. The Specific Plan
identifies specific development standards for PA3, 5, and 6 (page 24) as follows:
Planning Area 3, 5 and 6 Development Standards*
Minimum Lot Size
1 acre
Front Yard Setback min.
0 ft.
Side Yard Setback min.
0 ft.
Street Side Yard Setback
0 ft.
Rear Yard Setback min.
0 ft.
Maximum Lot Coverage
50%
Maximum Height, Retail and Office"
35 ft.
Maximum Height, Hotel and Mixed Use**
50 ft.
Maximum No. of Stories, Retail and Office
3
Maximum No. of Stories, Hotel and Mixed Use
4
Maximum Building Size
100,000 s.f.
Minimum Landscaping % of lot area
15%
`Development standards not listed in this Table shall be consistent with the Zoning Ordinance
Development Standards for the Planned Commercial district, Section 25.16.050, unless modified with
approval of a Precise Plan.
" Maximum height not including architectural projections and towers, which may exceed this standard.
' Maximum area for any single commercial enterprise
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14-332; TPM 36792; TTM 36793: The Millennium
In addition to the permitted uses of the PC2 zone and the development standards
listed above, the Specific Plan proposes that PA5 and PA6 may utilize the City's
Mixed Use Overlay Zone (MUOZ). The MUOZ allows developers to integrate
housing units of up to 24 units per acre when mixed in with a commercial or office
development.
Planning Area 7 and 8: PA7 consists of 10 acres located at the northeast corner of
Technology Drive West and Gerald Ford Drive. PA8 consists of 10 acres located at
the northwest corner of Technology Drive West and Gerald Ford Drive. The
proposed zoning for both PAs is Planned Residential — 22 units per acre (P.R. - 22).
The PAs are envisioned to develop as multi -story multi -family rental housing. PA7
will be developed by private developers while PA8 will be controlled by the City for
future development of affordable housing. The Specific Plan proposes the following
development standards for PA 7 and PA8 (page 25):
Planning Area 7 and 8 Development Standards*/**
Maximum Density
22 units/acre
Minimum Density
18 units/acre
Front Yard Setback min.
10 ft.
Side Yard Setback min.
8 ft.
Combined both sides min.
16 ft.
Street Side Yard Setback
10 ft.
Rear Yard Setback min
10 ft.
Maximum Lot Coverage
50%
Maximum Height
40 ft.
Maximum No. of Stories
3
Common Area Open S ace per unit
250 s.f.
'Development standards not listed in this Table shall be consistent with the Zoning Ordinance
Development Standards for the Planned Residential district, Section 25.10.050.
** Development Standards may be modified with approval of a Precise Plan.
Planning Area 9: PA9 consists of 27 acres located in the middle of the project site. PA9
is proposed to be zoned Open Space for the future development of a regional park.
Along with PA8, PA9 will be controlled by the City for future development at a time
deemed appropriate by the City.
B. Development Agreement
The Development Agreement (DA) (Attachment 7) contains information related to the
timing and responsibilities of certain improvements within the Specific Plan boundaries.
Improvements include the build -out of roadways, drainage and utilities, and build -out of
the Specific Plan within a twenty (20) year period. The DA also includes provisions that
the developer provide at least sixty-six (66) affordable housing units within PA7 and that
the developer enter into a Housing Agreement with the City. A land swap of City -owned
parcels for other parcels owned by the developer within the project area is also
discussed in the DA.
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C. Land Exchange Agreement
The City currently owns two (2) parcels totaling 34 acres within the Specific Plan
boundaries, located at the northeast corner of Portola Avenue and Dinah Shore Drive.
The land was purchased by the City in 2006 for the purposes of developing affordable
housing and a regional park. A Land Swap Agreement has been submitted by the
applicant to exchange the City's 34 acres for 37 acres owned by the developer and a
3.5-acre parcel for -the future Portola Avenue Interchange. If approved by the City
Council, the developer would acquire 23 acres from the City for PA3 and 10 acres from
the City for PA1. In exchange, the City would acquire 10 acres for PA8 and 27 acres for
PA9 for the development of an affordable housing site and regional park. Staff
recommends that no action on the land exchange be taken by the City Council at this
time. A decision by the City to buy, sell, or exchange property that has not been offered
on the open market should withstand public scrutiny as to price, terms, and identities of
involved parties. Towards this end, staff recommends that the City Council defer
approval of the land exchange until all parties to the exchange are in good standing
relative to noticed violations of the Palm Desert Municipal Code.
D. Tentative Parcel/Tract Map, General Plan and Zoning Amendments
A Tentative Parcel Map 36792 (TPM 36792 - Attachment 8) has been submitted to
establish nine (9) separate parcels Planning Areas, which are governed by the Specific
Plan document. These nine (9) parcels range in size from 3.2 acres (PA2) to 38 acres
(PA1). General Plan Amendment and Change of Zone applications (Attachment 11)
have been submitted to establish the land use designations for each of the nine (9)
parcels. As proposed, these amendments change the existing General Plan and Zoning
land use designations from "Industrial Business Park" and "Planned Community
Overlay" to specific land use designations for each of the nine (9) PAs. The land use
designations for each of the PAs are as follows:
Planning
Area
Acres
Proposed General Plan
Designation
Proposed Zoning
Designation
1
38
Medium Density Residential
Planned Residential — 6
2
3.2
Community Commercial
General Commercial/C-1
3
21.6
Regional Commercial
Planned Commercial — 3/FCOZ
4
10
Business Park
Service Industrial
5
3.5
Community Commercial
Planned Commercial -2
6
12.3
Community Commercial
Planned Commercial -2
7
15
High Density Residential
Planned Residential - 22
8
10
High Density Residential
Planned Residential - 22
9
27
Open Space — Renal Park
Open Space
Of the nine (9) PAs, PA1 is anticipated to be the first developed within the Specific Plan
boundaries. A Tentative Tract Map 36793 (TTM 36793 - Attachment 9) has been
submitted to further subdivide the 38-acre PA into 166 single-family residential lots,
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private streets, and common area open space. The tentative tract map subdivides the
38 acres into three (3) separate lot size types; each expected to develop with separate
residential product types. Approximately ten (10) acres of the site will have minimum lot
sizes of 7,200 square feet; seven (7) acres will have minimum lot sizes of 5,000 square
feet; and, eight (8) acres will have minimum lot sizes of 3,800 square feet. In addition,
common area lots are provided to serve as open space and provide pedestrian
connections to surrounding public streets and future commercial development.
E. Circulation
The project area is bounded by Gerald Ford Drive to the south, Portola Avenue to the
west, and Technology Drive to the east. Gerald Ford Drive is built -out to its ultimate
configuration and will require minor improvements, including a turn pocket for traffic
turning north onto Portola Avenue, and perimeter sidewalks and landscaping. Portola
Avenue is also built -out to its ultimate configuration and will require new striping, a bike
lane, perimeter sidewalk, and landscape improvements.
Technology Drive currently terminates as a cul-de-sac west of the existing DMV
building. The street right-of-way is 72 feet in width, 52 feet curb -to -curb. Technology
Drive will be extended through the project area and connect to Gerald Ford Drive.
Extension of Technology Drive is not expected until PA4, 7, or 8, are ready for
development. Once complete, Technology Drive will be three (3) lanes with sidewalks
and perimeter landscape.
Dinah Shore Drive currently terminates at its intersection with Portola Avenue. The
street will be extended through the project area and connect to Gerald Ford Drive at
Pacific Avenue to the southeast. Improvements include a new traffic light signal at
Portola Avenue and Dinah Shore Drive and new round -a -bouts and street narrowing for
traffic calming along the Dinah Shore Drive extension. Sidewalks and perimeter
landscape will be included as part of the street.
In an effort to reduce the total number of driveways onto public streets, and to minimize
traffic disruptions, the Specific Plan identifies potential driveway connections (Exhibit 10
- page 27). Driveways are coordinated and shared between some parcels to direct
traffic onto smaller public streets such as Technology Drive and Dinah Shore Drive.
F. Special Project Considerations
Mid -Valley Bike Path: In 2013, the City Council adopted the Coachella Valley
Association of Governments (CVAG) Non -Motorized Transportation Plan (NMTP) which
included plans for a multi -use path to be constructed along the City's northern
boundary. Referred to as the "Mid -Valley Bike Path" (MVBP), the path connects Bob
Hope Drive to the west to Washington Street to the east. Approximately one (1) mile of
the MVBP runs along the project areas' northern boundary, with nearly half of the
MVBP running along the City's future park site. Construction of the MVBP is expected
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to occur within the project area from Technology Drive to Portola Avenue. Final design
and alignment are still pending final approval.
Portola Interchange: Portola Avenue is scheduled for the construction of a new
interchange at Interstate 10. Construction of the interchange is expected to begin within
the next five to eight years. The project area abuts the eventual Portola Avenue
interchange and 3.5 acres of land is being set aside to accommodate the slope of the
interchange.
University Park Area: The University Planning Park Area (UPPA), which includes all
lands north of Frank Sinatra Drive between Monterey Avenue and Tamarisk Row Drive,
was approved in 2000 and last updated by the City Council in 2013. The UPPA
analyzed land uses within the northern portion of the City that centered on the eventual
development of a joint UCR and CSUSB campus. The UPPA was also updated to
reflect changes in the City's Housing Element, which identified specific sites within the
UPPA boundaries for affordable housing units. The Specific Plan area is within the
UPPA boundaries. Although most of the land within the project boundaries is currently
zoned for Industrial Business Park uses, a 10-acre parcel is identified for 200 housing
units.
Analysis
A. The Millennium Specific Plan
The current zoning designation for the properties within the Specific Plan boundaries is
"Planned Community Overlay District" (PCD). This zoning designation encourages
master planning for coordinated land uses on properties over 100 acres. In order to
comply with the zoning designation, the applicant has prepared a Specific Plan for City
review.
The Millennium Specific Plan document has been prepared in accordance with State
Government Code Section 65450-65457, which sets standards for document content
and provides direction for adoption. The plan, itself, must be consistent with the City's
General Plan and must contain statements regarding the relationship of the Specific
Plan to the City's General Plan. Statements regarding consistency are provided in the
Specific Plan (pages 37-62), and staff supports the Specific Plan document as a means
of identifying desirable land uses and development within this portion of the City. As
proposed, the Specific Plan establishes a distinct land use pattern that provides a
balance of both housing and employment opportunities as well as open space and
recreation. Although each PA will be developed independently, language contained
within the Specific Plan calls for each PA to develop with high quality design, support of
the UCR/CSUSB Palm Desert campuses, coordinated parking areas and landscape
theme, and pedestrian connectivity throughout the project area. The Specific Plan is
compliant with State regulations and the City's Planned Community Overlay District.
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Staff supports the use of a Specific Plan to cover the 152 acres in this portion of the
City.
Infrastructure distribution, including sewer, water, electricity, natural gas,
communications, solid waste and drainage, is also included in the document.
Infrastructure for such utilities is available in the immediate vicinity and the utility
companies have confirmed that existing services are adequate to serve the build -out of
the Specific Plan boundaries.
B. General Plan Amendment and Change of Zone
The Specific Plan covers an area of approximately 152 acres. The current General Plan
designation for most of this area is "Industrial — Business Park," with approximately
eight (8) acres designated for "Mixed Use" at the southeastern portion of the project
boundaries and approximately 42 acres for "Open Space" at the northeast corner of
Portola Avenue and Gerald Ford Drive. The General Plan Amendment would change
these designations to Medium Density Residential, Community Commercial, Regional
Commercial, Business Park, High Density Residential, and Open Space.
The current zoning designations for the Specific Plan project area are Planned
Residential (P.R. — 22) with a Planned Community Overlay District (P.C.D.). The P.C.D
encourages the preparation of specific or master plans as a means of coordinating land
uses. As proposed, the Specific Plan complies with the City's P.C.D. designation. The
General Plan Amendment and Change of Zone applications are necessary to carry out
the vision of the Specific Plan. The change of zone maintains higher density residential
land use as desired by the UPPA and provides the City with land use designations for a
regional park. The change of zone is consistent with existing zoning designations of
surrounding properties and the UPPA and existing designations within the project area.
C. Tentative Parcel Map 36792
Planning Area 2: Development standards and land uses within this PA will conform to
the City's zoning ordinance. No special development standards are proposed for this
PA. Staff supports a change of zone from Planned Community Overlay District (P.C.D)
to General Commercial (C-1) at this location as the smaller parcel size is ideal for
convenience retail and personal services, and is in close proximity to residential land
uses that can support commercial businesses at this location. A Precise Plan will be
submitted at a later date for Planning Commission review and approval prior to
development of PA2.
PA2 is bounded by public streets to the south and west and PA1 to the north and east.
A pedestrian access way between PA1 and PA2 is provided to facilitate pedestrian
mobility and reduce the number or vehicle trips generated between the two sites. This
access will be gated for residents of PA1 and residents will be given a key or key code
to use the connection. Staff is very supportive of this path as it provides better
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pedestrian connectivity between the two PAs and establishes the pedestrian
connectivity desired throughout the Specific Plan boundaries.
Planning Area 3, 5, and 6: PA3 will be zoned Planned Regional Commercial (PC3) and
the parcel size is similar to other regional commercial developments within the City.
The proposed development standards for PA3 conform to the Zoning Ordinance
development standards for a PC3 zoning district, with the exception of a 50-foot height
limit for hotel development. The maximum building height in the PC3 zoning district is
35 feet. Staff is supportive of the height increase, only for hotel development, as
existing hotels in the vicinity were approved at 42 feet (Hampton Inn) and 56 feet
(Fairfield Inn) in height. In addition, the distance of the parcel from existing residential
development limits impacts on surrounding views. The parcel will also be partially
screened from residents to the west by the eventual Portola Avenue interchange. Final
site design and architectural plans will also need to be submitted prior to development
of PA3, which will allow staff and the Planning Commission to evaluate sight lines,
building massing and aesthetics, and impacts of taller building developments.
Staff also supports application of the City's Freeway Commercial Overlay Zone (FCOZ)
on PA3 as it is adjacent to the future Portola Avenue Interchange. The FCOZ allows for
a greater number of uses, including hotel and drive-thru restaurants, which are well
suited land uses for both freeway traffic and surrounding residential land uses.
Application of the City's FCOZ on PA3 is similar to other freeway adjacent commercial
centers in the City including Monterey Shore Shopping Center and Desert Country
Plaza.
PA5 and PA6 will be zoned Planned District Commercial (PC2). This zoning district
permits the greatest diversity of commercial land uses and is ideal for commercial
parcels in close proximity to residential development. It is anticipated that since these
parcels are not adjacent to the Cook Street interchange, they will develop to serve the
existing and future residents in the area. Since hotel development is a permitted use in
the PC2 zone, potential exists for freeway oriented hotel development. Staff supports
the proposed zone change from Planned Residential — 22 (PR — 22) to Planned District
Commercial (PC2) at these locations.
Staff also supports the option of PA5 and PA6 to utilize the City's Mixed Use Overlay
Zone (MUOZ). Currently, the City's General Plan identifies this general area for eight
(8) acres of mixed use development. Keeping the potential option for mixed use in the
area is ideal as the properties are adjacent to existing commercial development, are
situated between future residential and commercial developments, and are in close
proximity to the UCR/CSUSB Palm Desert campuses and freeway access. Staff has
requested a condition that the Change of Zone application for PA5 and PA6 includes
the MUOZ.
Planning Area 4: PA4 consists of 10 acres located along the north side of Technology
Drive on the eastern portion of the Project Area. PA4 will be zoned Service Industrial
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and it is anticipated to develop as a business park. No special development standards
are proposed for this PA. Staff supports a change of zone from Planned Community
Overlay District (P.C.D) to Service Industrial (SI) at this location as it is in close
proximity to the UCR/CSUSB Palm Desert campuses, lacks visibility along major
roadways that traditional commercial development requires, and provides additional
employment opportunities to residents. A Precise Plan will be submitted at a later date
for Planning Commission review and approval prior to development of PA4.
Planning Area 7 and 8: PA7 and PA8 will be zoned Planned Residential — 22 units per
acre (PR — 22). The proposed density conforms to the existing zoning designations
within the project boundaries. The Specific Plan proposes development standards
similar to the development standards established for PR zones with the exception of
maximum building height and maximum number of stories.
Standard
Existing Code
Specific Plan
Maximum Building Height
24 feet
40 eet
Maximum # of Stories
2
3
Staff supports granting additional building height and an additional story at this location.
The sites are at a lower grade than surrounding parcels outside of the Specific Plan
boundaries, and the additional heights are more in line with existing and proposed
multi -story development in the vicinity. In addition, increases in the building height will
help achieve the desired densities for the parcels while also preserving land for open
space and residential amenities. The increase in the maximum building height allows
for more imaginative architectural design and is in keeping with the P.R. zoning
designation, which encourages innovative and unique developments.
Generally, staff supports the increases in density, height and the number of stories
within the Specific Plan boundaries. One of the objectives of the Specific Plan is to
encourage non -vehicular travel between the different Planning Areas. The additional
density, height and stories requested help achieve this objective by concentrating a
greater number of uses, residents, and employment opportunities in close proximity to
one another. The proximity of such uses and the emphasis of providing non -vehicular
routes of travel can only be achieved by locating more compact development within a
smaller land area. Therefore, staff supports the applicant's request for more intense
land uses in this area as a means of meeting the Specific Plan's objectives.
Final site design, building design, architecture and orientation are yet to be proposed,
and the applicant will need to submit a Precise Plan application for staff and Planning
Commission review prior to development of PA7 or PA8.
Planning Area 9: PA9 consists of 27 acres located in the middle of the Specific Plan
boundaries. PA9 is proposed to be zoned "Open Space" for the future development of a
regional park. The parcel is part of the proposed Land Swap Agreement. Exact timing
for development of the park is unknown; however, development of the park is not
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expected until more homes are built in the area. Final design and park layout will be
reviewed at a later date by the City's Parks and Recreation Commission.
D. Tentative Tract Map 36793 and Planning Area 1
Planning Area 1
PA1 will be zoned Planned Residential — six (6) dwelling units per acre. The proposed
density is in keeping with the density of surrounding residential developments, which
are 5 units per acre. Staff supports this density at this location as it helps to transition
from the lower density single-family subdivisions to the west to the denser multi -family
developments proposed to the east.
The Planned Residential (PR) zoning district encourages flexibility, creativity, and
imaginative designs for a mixture of residential densities and housing types. The PR
zone also contains specific development standards for two-story homes, minimum yard
separation, and private road widths. Although design criteria are established in the
zoning ordinance, a Specific Plan may provide alternative standards within the project
area that supersede the zoning ordinance. The proposed development standards for
PA1 generally conform to the development standards of the PR zone; however, the
Specific Plan permits two-story homes at 27 feet in height, whereas the zoning
ordinance limits two-story homes to 24 feet in height. Staff is supportive of the 3-foot
increase in building height as not all homes within PA1 will be two-story, homeowners
within the PA will be informed of the potential for two-story homes, and the additional
building height allows for greater flexibility in building design and architecture. In
addition, the applicant has indicated that PA1 will be a mixture of single -story and
second -story homes. Some second -story homes will be included in the larger lot sizes
but most will be concentrated on the smaller lots located along the Dinah Shore Drive
extension. Concentration of second -story homes along Dinah Shore Drive is ideal as it
is the lowest elevation of PA1. Building massing and home design along this portion of
Dinah Shore Drive also help to slow traffic and establish the area as a residential
community.
Tentative Tract Map 36793
PA1 will be subdivided into 166 single-family home lots with the approval of Tentative
Tract Map 36793. The subdivision will contain a mixture of three distinct lot sizes and
product types (Attachment 10). The larger lots, at a minimum of 7,200 square feet, are
located along the southern and western portion of the PA. These lots will predominately
be for single -story homes with 15-foot minimum front yard setbacks, 20-foot minimum
rear yard setbacks, and 5-foot minimum side yard setbacks. These setback standards
are in line with the City's development standards for single-family home development.
5,000 square foot lots are located in the middle portion and along the northwest corner
of the PA. These lots will have a mixture of single -story and two-story detached homes.
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The setback standards include 10-foot front yard, 20-foot rear yard, and a 5-foot side
yard setback. These setback standards are in line with the City's development
standards for single-family home development and are similar to setbacks of nearby
residential development.
3,200 square foot lots are located along the extension of Dinah Shore Drive. The
smaller lots provide a unique configuration with vehicular access to homes via an auto -
court. The design and use of auto -courts is well established with the Spanish Walk
development in the City of Palm Desert. Setbacks for these lots will be a minimum of 3
feet from the front yard (which faces the auto -court), 15-foot side yard setback and 10-
foot minimum rear yard setbacks. Design of these homes is expected to be
predominately two -stories.
Architecture, landscaping and perimeter wall designs will be subject to the Planning
Division's Architectural Review application. The applicant, prior to grading or
construction homes or infrastructure improvements, will be required to receive approval
from the City's Architectural Review Commission.
E. Land Exchange
Staff supports the concept of the land exchange of 34 acres of City -owned land for 37
acres of land owned by the applicant, and a dedicated 3.5-acre parcel to accommodate
the future Portola Avenue Interchange. The City -owned parcels are located adjacent to
the future Portola Avenue Interchange, but the land at this location is better suited for
commercial development. The City is receiving a net of 37 acres as additional acres are
being used to accommodate the road extensions for Dinah Shore Drive and
Technology Drive. The 37 acres that the City receives are located in the middle of the
project boundaries and adjacent to residential uses. The property has better visibility
along Dinah Shore Drive and Gerald Ford Drive, has vehicular access from Dinah
Shore Drive and Technology Drive, and has better pedestrian access since it abuts
residential property, than the parcel adjacent to the interchange.
The City completed an appraisal for the parcels to be swapped. The appraisal identified
that the parcels to be exchanged were equal in value based on their current zoning
designations.
The City Council is the only body that can approve a land exchange such as the one
proposed here. As of the date of preparation of this report, staff does not recommend
that the land exchange be consummated, since one of the minor parties involved has
outstanding obligations to the City on another project. Staff suggests that the City
Council not approve of the land exchange until all involved parties are in good standing
with the City regarding compliance with the Palm Desert Municipal Code.
GAPlanning\Eric Ceja\Case Files\The North\City Council\CC - Millennium Staff Report.doc
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Environmental Review
For the purposes of CEQA, the Director of Community Development has determined that the
proposed project will not have a significant negative impact on the environment and staff has
prepared Mitigated Negative Declaration (MND of Environmental Impact). The initial study
and MND are attached as part of this report and filing of the MND has occurred in
accordance with CEQA Guidelines.
Findings of Approval
That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The project includes a mix of housing densities inclusive of single-family detached
homes and multi -family apartment units with affordable housing components. General
Plan Land Use Element Residential Goal 1 proposes that'A balanced range of housing
types, densities and affordabilities that accommodate existing and future residents
across all socio-economic sectors of the community." The Specific Plan, and the parcel
and tract maps that initiate the subdivision of land within the project boundaries, comply
with this General Plan Goal in that sixty-six (66) affordable housing units will be
provided by the developer upon completion of the project and the City will construct up
to 200 units for affordable housing. The single-family portion of the Specific Plan also
provides a mix of product types and lot sizes. The diverse range of housing types within
the project area complies with this goal and the mix of densities is consistent with the
City General Plan.
The project is also within the University Park Planning Area (UPPA), which is a special
study area intended to build on synergies created by the proximity of the UCR/CSUSB
Palm Desert campuses. As such, the UPPA calls for a wide range of residential,
commercial, resort, business park and institutional uses within the planning area.
Higher residential densities are applied to accommodate a greater number of residents
closer to the universities. The Specific Plan provides guidelines for the inclusion of a
mix of housing types and densities, including densities that comply with the City's
Medium High Density Overlay. As proposed, the project conforms to densities of the
UPPA.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the parcel and tract maps have been reviewed by the
Planning Department, Fire Department, and Public Works Department for consistency
with the General Plan and emergency services. The lot sizes, street and utility
improvements, circulation patterns, and drainage improvements meet all requirements
of the General Plan. All existing perimeter streets are in conformance with the General
Plan and minor striping and roadway dedication is needed to complete existing street.
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In addition, the applicant will complete Dinah Shore Drive and Technology Drive to their
ultimate build -out. Internal project streets that serve Tentative Tract Map 36793
conform to City standards and are consistent with adjoining residential developments.
3. That the site is physically suitable for the type of development.
The 152 acres contained in the Millennium Specific Plan is suitable for the development
proposed. Environmental, cultural, and other special studies were prepared for lands
within the project area. No environmental issues were identified that would indicate that
development in this area would be unsuitable. In addition, existing commercial and
residential developments have successfully constructed similar types of development in
the immediate vicinity. No obstacles to development of surrounding subdivisions were
experienced and, due to the proximity and similarity of the proposed development, it's
reasonable to conclude that the site is physically suitable for it. The property is suitable
for the proposed development as conditioned and mitigated as described in the draft
Initial Study and Environmental Assessment.
4. That the site is physically suitable for the proposed density of development.
The project area borders existing single-family development to the west and existing
commercial development to the east. As proposed, the site layout and distribution of
land uses are consistent with surrounding development. The Specific Plan proposed
commercial and hotel development within the eastern portion of the project area at
heights and intensities similar to existing commercial and hotel uses in the vicinity. The
Specific Plan also proposes lower density single-family homes directly across from
existing single-family homes. The proposed single-family home densities are similar to
and compatible with surrounding single-family developments. In addition, the location of
the lower density single-family within the western portion of the project area provides a
buffer and transition to denser multi -family housing in the middle of the project area.
The proposed project densities are similar to existing multi -family residential
development within the UPPA. The proposed density for the multi -family site is
consistent with the High Density Overlay zone provided in the UPPA. The location of
the higher density residential uses is well suited as they are in close proximity to
existing and future employment opportunities and recreational open space. The
infrastructure, soils, and terrain serving the development will adequately support these
densities.
5. That the design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injury to fish
or wildlife or their habitat.
For purposes of CEQA, a Mitigated Negative Declaration of Environmental Impact has
been prepared. The design of the project will not cause substantial environmental
damage or injure fish or wildlife or their habitat since the surrounding area has been
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developed with similar densities and limited wildlife is present at the site. Environmental
studies performed at the site did not identify any endangered or sensitive species. In
addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation
fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The design and layout of the 166 single-family lot subdivision are in compliance with all
grading requirements and the properties will be developed in accordance with the
Uniform California Building Code. Grade changes in the community are accommodated
by the street layout and open space provided throughout the subdivision. Pedestrian
access is provided to adjoining land uses and surrounding roadways, which decreases
the need for vehicular traffic between adjoining properties. Mitigation measures are also
in place to minimize air pollution on sensitive land uses located within 500-feet of
Interstate 10.
7. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
The proposed project will utilize and enhance existing drainage easements located
along the northern boundary of the project. The parcel map identifies the use of this
area and will record an easement for drainage purposes. Improvements related to
drainage will be provided to ensure the project area accommodates 100% of the 100-
year storm. Surrounding perimeter City streets are built -out to the General Plan
designation and the developer will complete Dinah Shore Drive and Technology Drive
to their ultimate build -out. The City's Mid -Valley Bike Path will also be completed by the
developer within the Project Area, providing additional access through and around the
site. Pedestrian connections will also be provided throughout the project area.
Submitted By:
Z - 6;'_
Eric Ceja, A eociate Planner
DepartmentUeao,t, _
Lauri Aylaian, Director of Community eve opment
M. Wohlmuth, City Manager
Ceja\Case Files\The North\City Council\CC - Millennium Staff Report.doc
ORDINANCE NO. 1281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE MILLENNIUM PALM DESERT
SPECIFIC PLAN, DEVELOPMENT AGREEMENT 14-332, AND ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A
MULTI -USE PROJECT ON 152 ACRES LOCATED NORTH OF GERALD
FORD DRIVE, EAST OF TECHNOLOGY DRIVE, WEST OF PORTOLA
AVENUE, AND SOUTH OF UNION PACIFIC RAILROAD
CASE NO: SP/DA/EA 14-332
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of February, 2015, hold a duly noticed public hearing to consider the request by
PD 80 T & S, LLC and Palm Desert University Gateway, LLC, for approval of the above
noted and adopted Planning Commission Resolution 2645 recommending approval of The
Millennium Palm Desert Specific Plan and supporting applications, to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of March, 2015, hold a duly noticed public hearing to consider the request by PD 80 T &
S, LLC and Palm Desert University Gateway, LLC, for approval of The Millennium Palm
Desert Specific Plan, Development Agreement 14-332, and adopting a Mitigated Negative
Declaration for the above noted project; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, the Director of Community Development has determined that the
project will not have a negative impact on the environment and that a mitigated negative
declaration can be adopted; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did find the
following facts and reasons to exist to justify the approval of said request:
The Millennium Palm Desert Specific Plan, Development Agreement, General
Plan Amendment, Change of Zone, Tentative Parcel Map 36792, and Tentative
Tract Map 36793, as proposed, are consistent with the goals and policies of the
Palm Desert General Plan including that the project will provide alternate means
of transportation, development of a segment of the Mid -Valley Bike Path, provide
additional affordable housing units, provide local employment centers in close
proximity to residential land uses, increase the City's sales tax base, and provide
recreational open space.
2. The Millennium Palm Desert Specific Plan complies with provisions of the
University Park Planning Area in that the plan provides a balance of land use
intensities and open space, provides for efficient multi -modal interconnectivity,
and complies with the "High -Density Overlay" provisions for the area.
ORDINANCE NO. 1281
3. The Millennium Palm Desert Specific Plan will provide land use compatibility
within the boundaries of the planning area and with adjacent properties as the
proposed uses and development standards are similar to existing uses to the
south, west and east.
4. The Millennium Palm Desert Specific Plan is suitable and appropriate for the
property in that the property has been designated for commercial, industrial,
residential and open space uses and that development will comply with
applicable City standards and standards approved as part of the Specific Plan.
5. That the proposed Tentative Parcel Map and Tentative Tract Map are not
detrimental to the public health, safety or general welfare, or be materially
injurious to the surrounding properties or improvements in the City of Palm
Desert.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve the Millennium Palm Desert Specific
Plan and Development Agreement, and adopt the Mitigated Negative Declaration,
as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of March, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
\\srv-fi12k3\groups\Banning\Enc Ceja\Case Files\The North\City Council\CC - SP_DA_EA Ord. . CIOCX
2
ORDINANCE NO. 1281
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF PALM DESERT, CALIFORNIA
And
PD 80 T&S, LLC,
a Nebraska Limited Liability Company
And
Palm Desert University Gateway, LLC,
a Nebraska Limited Liability Company
Dated: ,2015
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RECORDING REQUESTED BY AND FOR RECORDER'S USE ONLY
WHEN RECORDED MAIL TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
Record for the Benefit of
the City of Palm Desert
Pursuant to Government Code Section 6103
(Space Above This Line Reserved for Recorder's Use Only)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this
day of , 2015, by and between the City of Palm Desert,
California, a municipal corporation organized and existing under the laws of the State of
California (the "City"), and PD 80 T&S, LLC, a Nebraska Limited Liability Company ("PD
80") and Palm Desert University Gateway, LLC, a Nebraska Limited Liability Company ("PD
Gateway")(PD 80 and PD Gateway are hereinafter collectively referred to as "Owner"),
pursuant to the authority of Sections 65864 — 65869.5 of the California Government Code and
the applicable provisions of the municipal code of the City of Palm Desert. The City and the
Owner are hereinafter, from time to time, individually referred to in this Agreement as a
"Party" and collectively referred to as the "Parties."
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in this
Agreement. The Parties intend to refer to those definitions in conjunction with the use
thereof in these Recitals.
B. California Government Code Sections 65864 through 65869.5, inclusive (the "Development
Agreement Legislation"), authorize the City to enter into development agreements in
connection with the development of real property within its jurisdiction. On August 22,
2013, the City enacted by Ordinance No. 1259, amending Municipal Code Section 25, and
including Sections 25.78.060 (the "Development Agreement Ordinance"), which
establishes procedures and requirements for the consideration of development agreements
pursuant to the Development Agreement Legislation.
C. City is currently the owner of two parcels of land, identified as Assessor's Parcel Nos. 694-
120-012 and 694-120-013, collectively "Current City Property", which parcels are
generally located north and south of Technology Drive, on the east side of Portola Avenue.
D. Owner, is currently the owner of multiple parcels of land located within the City.
Specifically, PD Gateway is the owner of Assessor's Parcel Nos. 694-120-017-8, 694-190-
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ORDINANCE NO. 1281
064-7, 694-120-019-0 and 694-190-076-8 and PD 80 is the owner of Assessor's Parcel Nos.
694-120-015-6, 694-120-016-7 and 694-190-059-3, all of which shall collectively be
referred to herein as "Current Owner Property," which parcels are generally located on the
north side of Gerald Ford Drive, between Portola Avenue and Technology Drive. Owner is
entitled to have filed the application for and to enter into this Agreement. The Project
consists of the future development of the City Property and the Owner Property ("Project
Property").
E. Concurrent with entering into this Agreement, City and Owner will enter into an Agreement
For Exchange of Real Property ("Land Swap Agreement"), by which City and Owner will
exchange portions of Current City Property for portions of Current Owner Property
("Exchange"). Upon completion of the Exchange, City will own parcels 8, 9 and E as
described on Tentative Parcel Map 36792 ("City Property") and Owner will own parcels 1
through 7 on Tentative Parcel Map 36792 ("Owner Property").
F. The City Property and Owner Property are located at an important entry point to the City
and the coordinated development of the Project pursuant to this Agreement represents an
important and mutually beneficial economic development and land usage planning
opportunity for the City and Owner. Owner desires to move forward with the Project in
accordance with the Project Approvals.
G. The City has determined that the development of the Project as contemplated by this
Agreement is consistent with and in furtherance of the development goals, policies, general
land uses and development programs of the City as set forth in the City's General Plan and is
consistent with the Planned Residential and Planned Commercial Zones adopted on
, 2015 by Ordinance No. affecting both the Owner
Property and the City Property.
H. City has further determined that entry into this Agreement will further the goals and
objectives of the City's land use planning policies by, among other things, encouraging
investment, providing precise and supplemental criteria for the uses, design, circulation and
development of the City Property and Owner Property, including flexibility in land use
options which may be altered in order to respond to future changes in the surrounding areas,
eliminating uncertainty in planning for, and securing orderly processing and development
of, the Project. The benefits conferred on the City by Owner herein will
0) insure consistent, comprehensive planning which will result in aesthetically pleasing,
environmentally harmonious, and economically viable development within the City;
(ii) provide for the creation of a high -quality, aesthetically pleasing entry statement for
the City;
(iii) provide affordable housing opportunities within the project boundaries;
(iv) provide certain road and infrastructure improvements within the project boundaries;
(v) create a vibrant mixed use project that enhances the community; and
(vi) further the development objectives of the City in an orderly manner, all of which will
significantly promote the health, safety and welfare of the residents of the City.
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ORDINANCE NO. 1281
In exchange for these benefits to the City, Owner desires to receive the assurance that it may
proceed with the Project in accordance with the Project Approvals and at a rate of
development of its choosing, subject to the terms and conditions contained in this
Agreement.
I. By adopting this Agreement, the City Council has elected to exercise certain governmental
powers at the present time rather than deferring such actions until an undetermined future
date and has done so intending to bind the City and the City Council and intending to limit
the City's future exercise of certain governmental powers, to the extent permitted by law.
J. This Agreement has undergone extensive review by the City's staff, the Planning
Commission and the City Council.
K. To ensure that the intentions of the City and Owner with respect to the Project Approvals
are carried out, the Parties desire voluntarily to enter into this Agreement to facilitate
development of the Project, subject to the conditions and requirements included in this
Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
Legislation, and in consideration of the mutual covenants and promises of the Parties herein
contained, the Parties agree as follows:
AGREEMENT
1. Definitions.
1.1. Defined Terms. Each reference in this Agreement to any of the following
terms shall have the meaning set forth below for each such term.
1.2. Affordable Housing Cost. The term "Affordable Housing Cost" means a
housing cost which does not exceed 30 percent of the Gross Income of
the household, and the term "housing cost" shall have the meaning
ascribed to such term in Title 25 of the California Code of Regulations
Section 6920, as such regulations may be amended from time to time, and
the term "Gross Income" shall have the meaning ascribed to such term in
Title 25 of the California Code of Regulations Section 6914, as such
regulations may be amended from time to time.
1.3. Agreement. This Development Agreement.
1.4. Building Ordinances. Those building standards, of general and uniform
application throughout the City and not imposed solely with respect to the
Owner's Property, in effect from time to time that govern building and
construction standards within the City, including, without limitation, the
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City's building, plumbing, electrical, mechanical, grading, sign, and fire
codes.
1.5. City Council. The legislative body of the City of Palm Desert.
1.6. City Property. Parcels 8, 9 and E as described on the final recorded form
of Tentative Parcel Map 36792, attached hereto as Exhibit "C".
1.7. Current City Property The real property and any improvements thereon
which are described in Exhibit "A" to this Agreement.
1.8. Current Owner Property. The real property and any improvements
thereon which are described in Exhibit "B" of this Agreement.
1.9. Effective Date. The Effective Date of this Agreement shall be the date on
which the Enacting Ordinance became effective, which shall be thirty
(30) days from the date of the second reading of the Enacting Ordinance
by the City Council.
1.10. Enacting Ordinance. Ordinance , enacted by the City
Council on , 2015, approving this Agreement.
1.11. Existing Land Use Ordinances. The Land Use Ordinances in effect as of
the Effective Date.
1.12. Land Use Ordinances. The ordinances, resolutions, codes, rules,
regulations and official policies of the City, governing the development
of the Project, including but not limited to, the permitted uses of land, the
density and intensity of use of land, and the timing of development, all as
applicable to the development of the City Property and Owner Property.
Specifically, but without limiting the generality of the foregoing, Land
Use Ordinances shall include City's General Plan, the City's zoning
ordinance and the City's subdivision code, but shall exclude the Building
Ordinances.
1.13. Mortgage. A mortgage, deed of trust, sale and leaseback arrangement in
which all or a part of the Owner's Property, or an interest in it, is sold and
leased back concurrently, or other transactions in which all or a part of
the Owner's Property, or an interest in it, is pledged as security,
contracted in good faith and for fair value.
1.14. Owner Property. Parcels 1 through 7 of the final recorded form of
Tentative Parcel Map 36792.
1.15. Person or Family of Very Low, Low, or Moderate Income or Very -Low
Income Household, a Low Income Household or a Moderate -Income
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Household. Means a person, family or household meeting the income
qualifications limits set forth in California Health and Safety Code
Sections 50093, 50105, 50052.5, and 50053, and Title 25 of the
California Code of Regulations Section 6910, et seq., as the case or
context may require, as such statutes and regulations may be amended
from time to time, and any successor statutes thereto.
1.16. Project. The development of residential, commercial, industrial and
public buildings and facilities and associated amenities, and on -site and
off -site improvements, as permitted under and described in the Project
Approvals to be constructed on the City Property and Owner Property, as
the same may hereafter be further refined, enhanced or modified pursuant
to the provisions of this Agreement.
1.17. Project Approvals. Owner has applied for and obtained various
environmental and land use approvals and entitlements related to the
development of the Project, as described below. "Project Approvals"
shall mean all of the approvals, plans and agreements described in this
section 1.14:
1.15.1 Mitigated Negative Declaration MND 14-332 approved on
1.15.2 Tentative Track Map 36793 approved on
1.15.3 Development Agreement DA 14-332 approved on�b
Ordinance No.
1.15.4 General Plan Amendment GPA 14-332 , approved on
1.15.5 Change of Zone CZ 14-332, approved on
1.15.6 Tentative Parcel Map No.36792, approved on
1.15.7 Specific Plan No. SP 14-332 approved on
1.15.8 Subsequent Approvals. In order to develop the Project as
contemplated in this Agreement, the Project may require land use
approvals, entitlements, development permits, and use and/or
construction approvals other than those listed in Sections 1.15.1 through
1.15.7, above, which may include, without limitation: development
plans, amendments to applicable redevelopment plans, conditional use
permits, variances, subdivision approvals, street abandonments, design
review approvals, demolition permits, improvement agreements,
infrastructure agreements, grading permits, building permits, right-of-way
permits, lot line adjustments, site plans, certificates of occupancy, parcel
maps, lot splits, landscaping plans, master sign programs, transportation
demand management programs, encroachment permits, and amendments
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thereto and to the Project Approvals (collectively, "Subsequent
Approvals"). At such time as any Subsequent Approval applicable to the
Property is approved by the City, then such Subsequent Approval shall
become subject to all the terms and conditions of this Agreement
applicable to Project Approvals and shall be treated as a Project Approval
under this Development Agreement.
1.18. Stipulated Judgment. Stipulated Judgment is the Judgment pursuant to the
stipulation filed with the Superior Court on May 15, 1994, and as
subsequently amended, by and between the City of Palm Desert and all
persons interested in the matter of the Redevelopment Plan for the Palm
Desert Redevelopment Project Area No. 2 et. al.
2. Term, Amendment.
2.1 Term.
The term of this Agreement (the "Term") shall commence on the Effective Date and shall
terminate on the twenty (20) year anniversary date of the Effective Date, unless sooner
terminated or extended as hereinafter provided. This Agreement may be extended by mutual
consent of the Parties.
2.2 Extension of Term Due to Litigation.
In the event that litigation is filed by a third party (defined to exclude City and Owner and any
assignee or Transferee of Owner) which seeks to invalidate this Agreement or any of the Project
Approvals, the Term shall be extended for a period equal to the length of time from the time a
summons and complaint and/or petition are served on the defendant(s)/respondent(s) until the
resolution of the matter is final and not subject to appeal.
2.3 Amendment.
The Parties to this Agreement at their sole discretion and by their mutual written consent may
from time to time amend the provisions and terms of this Agreement and the Exhibits hereto.
Any amendment to this Agreement or the Exhibits hereto as provided herein shall be effected
only upon compliance with the procedures for amendment, if any, required by the Development
Agreement Legislation and the Development Agreement Ordinance. The City shall, after any
such amendment takes effect, cause an appropriate notice of such amendment to be recorded in
the official records of the County of Riverside.
3. General Development of the Project.
3.1 Land Swap Agreement.
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The City and Owner shall enter into a Land Swap Agreement concurrently with this Agreement
resulting in the conveyance of the City Property totaling 36.4t acres, for 37f acres of the Owner
Property identified as Parcel 8 and Parcel 9 of the recorded version of Tentative Parcel Map
36792.
Pursuant to the Land Swap Agreement, the City shall, prior to the completion of the Exchange
and at its expense, cause up to 3.5 acres of a portion of City Property, Assessor's Parcel No.
694-120-012, to be dedicated to the City for public right of way (Parcel E of Tentative Parcel
Map 36792). The right of way is necessary for the construction of the Portola Avenue
interchange at Interstate 10. The construction of the interchange, and any construction on the 3.5
acres of right of way, shall be the City's responsibility. The Owner shall not be required to
contribute to the construction of any part of the interchange, however, this shall not be deemed a
waiver or relief from payment of standard City -imposed development fees which may, in whole
or in part, contribute to the construction of the interchange, which fees may include, but not be
limited to TUMF fees and traffic mitigation fees.
The Parties acknowledge that after the Exchange, a stockpile of dirt ("Dirt") will be located on
Parcel E and Parcel 3. The City agrees that it shall dust seal the Dirt and that the Dirt located on
Parcel 3 may be used by either the City or the Owner on a first come, first serve basis. The
Parties agree that no Dirt may be exported from the Project Property without the prior written
approval of both the City and Owner, except the City may export the Dirt for use on any portion
of the future Portola/I10 Interchange.
3.2 Project.
(a) The Project is defined and described in the Project Approvals,
which specifies for the purpose of this Agreement all of the following aspects of the Project:
(i) proposed land uses of all of the Property, including 9 separate planning areas ("Planning
Areas") with unique development characteristics;
(ii) the maximum (and probable) density and intensity of development of the Property
and/or Planning Areas;
(iii) certain requirements relating to access and traffic circulation within the Owner Property
and City Property and/or Planning Areas;
(iv) certain design guidelines relating to the construction of on -site and off -site
improvements;
(v) procedures for development within the Planning Areas.
(b) Upon closing of the Land Swap Agreement, Owner shall have the
vested right to develop Planning Areas 1 through 7, inclusive, of the Project in accordance
with, and development of the Project during the Term shall be governed by, the Project
Approvals and, to the extent not inconsistent with or modified by the Project Approvals, the
Existing Land Use Ordinances. Except as provided in Section 4, Owner's right to develop
Owner Property in accordance with this Section 3 shall be without regard to future ordinances,
resolutions, rules, regulations and policies of the City or referenda of the voters of the City,
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including, without limitation, those with respect to moratoriums for utility service, other than
ordinances, resolutions, rules, regulations and policies of the City which limit or condition the
rate, timing or sequencing of development of the Property and which are required solely as a
result of then existing shortages of utility service capacity or facilities.
(c) City shall have the right, but not the obligation, to develop
Planning Area 8 and 9 as affordable housing and a regional park site, subject to any
reconfiguration of the parcels and changes in densities as deemed necessary by the City, and
generally as described in the Project Approvals. The City shall, however, provide a landscaping
buffer of at least 75 feet in width on the east side of Dinah Shore Drive, from Gerald Ford Drive
to the roundabout
(d) The Parties agree that the storm water drainage for all the
Planning Areas must be coordinated. Upon closing of the Land Swap Agreement, the Owner
and the City shall be responsible for the costs associated with the construction of drainage
facilities on their properties, except as provided herein. The Parties further agree that a
centralized storm water drainage system which utilizes the existing drainage ditch identified as
Assessor's Parcel No. 694-120-017, and extends that drainage ditch along the northern property
line of Assessor's Parcel No. 694-120-012 is the preferred alternative for centralized storm
water drainage. The Owner has prepared, and the City has reviewed and approved, a
comprehensive hydrology study dated for all the properties
involved in this Agreement. The City shall allow drainage across or under Planning Areas 8
and/or 9, consistent with the approved hydrology plan and as indicated in the Tentative Parcel
Map 36792, to implement the storm water drainage plan. The Owner shall cause to be
constructed, at its expense, any facilities required to convey storm water from its property to the
aforementioned drainage ditch or retention basins on City's property. The costs associated with
improvements within the drainage ditch and the retention basins on Planning Area 9 shall also
be borne by Owner. The Owner shall be responsible for construction and costs associated with
the drainage of Planning Areas I through 7, including any and all facilities in the ditch and
across Planning Area 9. The City shall be responsible for final drainage construction for
Planning Areas 8 and 9, except for retention basins on Planning Area 9. Concurrent with the
recording of the final version of Tentative Parcel Map 36792, Owner shall record Conditions
Covenants and Restrictions, in a from approved by City, requiring Owner, its successors and
assigns to maintain the its drainage facilities across City's property and in the ditch, and
reimburse the City for maintenance of the retention basins on Planning Area 9. After
completion of City's development of Planning Area 9, Owner shall reimburse City for 100% of
maintenance of westerly retention basin but only for its fair share of on -going maintenance of
the easterly retention basin on Planning Area 9.
(e) The Parties acknowledge that the City plans to construct a
regional park on Planning Area 9. The City will consult with Owner in the development of the
park master plan, and consider the Owner's comments in its design of park improvements.
The Parties further acknowledge that soccer, baseball or other sports fields may be part of the
park plan. The City agrees that the placement of night -lighting for said sports fields could be
detrimental to the enjoyment of private property used for residential purposes within the
Specific Plan. The City therefore agrees that all lighting plans for Planning Area 9 shall be
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submitted to the Owner for review and that the City shall use reasonable efforts to minimize
adverse impacts associated with lighting of the sports fields, consistent with providing
appropriate lighting. All lighting plans shall be subject to the City's Outdoor Lighting
Requirements. The City further agrees that it will maintain the Planning Area as native desert
until the City is prepared to develop the park site.
Should the Coachella Valley Water District request that well site(s) be provided within the
Project boundaries, the City at its sole expense shall provide no more than one (1) well site
within Planning Area 9.
The Parties acknowledge that any and all fees paid by the Owner toward its Quimby Fees as set
forth in California Government Code Section 66477 et seq., may be applied to the purchase
and/or construction of Planning Area 9 park facilities.
(f) The Parties acknowledge that street improvements relating to the
extension of Technology Drive and Dinah Shore Drive (extended) will be necessary to
implement the Project. Improvement of streets within the Project is expected to occur
concurrent with development of adjacent parcels. The Parties agree that half -street
improvements will be the responsibility of the Party whose property abuts said street. All street
improvements shall be completed to the satisfaction of the Public Works Director. The Parties
further agree that should the Owner complete these improvements to provide access to any
portion of the Project in advance of the development of any portion of Planning Areas 8 or 9 by
the City, the City shall reimburse the Owner for the City's fair share of the approved soft and
hard cost of the improvements. Reimbursement shall be made to the Owner within 60 days of
submittal of an invoice to the City. Should the City improve roadways within the Project to
serve Planning Areas 8 and/or 9, the Owner shall reimburse the City, within 60 days of
submittal of an invoice, the Owner's fair share of these improvements when the road
improvement work is complete. Failure of either Party to timely pay the approved soft and hard
cost of the improvements contemplated by this Section 3.1 (f) shall be an Event of Default
under Section 7. The City agrees that Owner shall have no obligation to bond for any City
Property to be improved by Owner.
(g) The Parties acknowledge that as of the Effective Date, the
Housing Element of the Palm Desert General Plan identifies the need for affordable housing
units on the Owner Property. These units are included in the Housing Element as a result of the
City's previous Regional Housing Need Assessment and the provisions of the Stipulated
Judgment. The Owner agrees to develop, at its sole discretion and expense, affordable rental
housing in Planning Area 7. The Owner further agrees to construct 6.66% (approximately 22
units) of the total number of units in this Planning Area to be affordable to very low income
households, 6.67% affordable to low income households (approximately 22 units), and 6.67%
(approximately 22 units) of these units to be affordable to moderate income households. Such
units shall be available at an Affordable Housing Cost relative to the income category. Owner
agrees to enter into a housing agreement with City further defining the affordable component.
Such agreement shall be entered into prior to the approval of a precise plan application for
Planning Area 7. No affordable housing shall be required to be built within Planning Area 1.
Should the Stipulated Judgment be reversed, terminated or otherwise eliminated as a City
obligation, the City and Owner will negotiate in good faith regarding an affordable housing
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requirement for Owner's Property, consistent with any city-wide affordable housing
requirement. Any requirement imposed on Planning Area 1 shall be in lieu fees only; no
affordable housing shall be required to be built on Planning Area 1.
(h) The Parties acknowledge the City has adopted the Coachella Valley
Association of Governments (CVAG) Non -Motorized Transportation Plan which includes plans
for a multi -use path to be constructed along the City's northern boundary. The path is referred
to as the Mid -Valley Bike Path ("MVBP") which abuts and is within the Project boundaries of
the Specific Plan. The Owner, at its sole discretion, shall either pay reasonable in lieu fees
($772,504) for the construction of the MVBP along the full northern boundary of the Project
from Technology Drive to Portola Avenue or construct the MVBP to City standards, which
standards shall be consistent with the construction quality of the MVBP in its entirety, prior to
the issuance of the eightieth (80) building permit for Planning Area 1, assuming that the MVBP
has been fully designed and approved by the City. In the event the City has not fully designed
and approved the MVBP at the time of the issuance of the eightieth (80) building permit, the
Parties shall renegotiate the timing on the construction or payment of the in lieu fee. The Owner
shall not be responsible for the construction of any other facilities or fees associated with the
MVBP.
(i) Owner shall install a traffic signal at Portola Avenue and Dinah
Shore Drive prior to any access being granted to the extension of Dinah Shore Drive. The cost
of the installation of the traffic signal shall be shared equally between the City and Owner.
Owner shall not be required to pay any signal fees for the Project.
3.3 Project Timing; Construction Entitlement.
The Parties acknowledge that neither the City nor the Owner can at this time predict when or the
rate at which or the order in which parts of the Project will be developed. Such decisions
depend upon numerous factors which are not within the control of City or Owner, such as
market orientation and demand, interest rates, competition and other similar factors. In
particular, and not in any limitation of any of the foregoing, since the California Supreme Court
held in Pardee Construction Co. v. City of'Camarillo (1984) 37 Ca1.3d 465, that failure of the
parties therein to consider and expressly provide for the timing of development resulted in a
later -adopted initiative restricting the timing of development to prevail over such parties'
agreement, it is the Parties' desire to avoid that result by acknowledging that, unless otherwise
provided for in this Agreement, Owner shall have the vested right to develop the Project in such
order and at such rate and at such times as Owner deems appropriate in the exercise of its
business judgment, provided that Owner is in compliance with the Project Approvals.
Therefore, the Parties hereto acknowledge and expressly agree that Owner is
hereby granted by the City the vested and guaranteed right to develop the Project pursuant to the
Project Approvals and at such rate and at such times as Owner deems appropriate within the
exercise of its sole subjective business judgment. Furthermore, Owner acknowledges and
expressly agrees that the City has the option to develop Planning Areas 8 and 9 at such rate and
at such times as City deems appropriate within the exercise of its sole subjective judgment.
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City expressly agrees that Owner shall be entitled to apply for precise plans,
subdivision maps, building permits, occupancy certificates and other land use and development
entitlements for its use at any time provided that such application is made in accordance with
the Project Approvals and this Agreement.
Notwithstanding any provisions to the contrary in this Agreement or the Existing
Land Use Ordinances, Owner shall have the right, but not the obligation, to obtain from the
City, all necessary approvals, consents, permits, or other entitlements for the construction of the
maximum number of square feet of gross floor area or maximum number of dwelling units of
any permitted use under the Specific Plan specified with respect to any designated Planning
Area set forth in the Specific Plan.
3.4 Building Permits and Other Approvals and Permits.
Subject to (a) Owner's compliance with this Agreement, the Project Approvals ,
the Existing Land Use Ordinances and the Building Ordinances, and (b) payment of the usual
and customary fees and charges of general application charged for the processing of such
applications, permits and certificates and for any utility connection, or similar fees and charges
of general application, the City shall process and issue to Owner promptly upon application
therefor all necessary use permits, building permits, occupancy certificates, and other required
permits for the construction, use and occupancy of the Project, or any portion thereof, as applied
for, including connection to all utility systems under the City's jurisdiction and control (to the
extent that such connections are physically feasible and that such utility systems are capable of
adequately servicing the Project).
3.5 Procedures and Standards.
The standards for granting or withholding permits or approvals required
hereunder in connection with the development of the Project shall be governed as provided
herein by the standards, terms and conditions of this Agreement and the Development Plan,
and to the extent not inconsistent therewith, the Existing Land Use Ordinances, but the
procedures for processing applications for such permits or approvals (including the usual and
customary fees of general application charged for such processing) shall be governed by such
ordinances and regulations as may then be applicable and which are consistent with the Project
Approvals.
3.6 Effect of Agreement.
This Agreement shall constitute a part of the Enacting Ordinance, as if
incorporated by reference therein in full. The Parties acknowledge that this Agreement grants
Owner the right to develop the Project pursuant to specified and known criteria and rules as set
forth in the Project Approvals and the Existing Land Use Ordinances, and to grant the City and
the residents of the City certain benefits which they otherwise would not receive.
This Agreement shall be binding upon the City and its successors in accordance
with and subject to its terms and conditions notwithstanding any subsequent action of the City,
whether taken by ordinance or resolution of the City Council, by referenda, initiative, or
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otherwise. The Parties acknowledge and agree that by entering into this Agreement and relying
thereupon, the Owner has obtained, subject to the terms and conditions of this Agreement, a
vested right to proceed with its development of the Project in accordance with the proposed uses
of both the Owner Property as well as the City Property, the density and intensity of
development of both the Owner Property as well as the City the Property and the requirements
and guidelines for the construction or provision of on -site and off -site improvements as set forth
in the Project Approvals and the Existing Land Use Ordinances, and the timing provisions of
Section 3.3, and the City has entered into this in order to secure the public benefits conferred
upon it hereunder which are essential to alleviate current and potential problems in the City and
to protect the public health, safety and welfare of the City and its residents, and this Agreement
is an essential element in the achievement of those goals.
If any City law, including ordinances, resolutions, rules, regulations, standards,
policies, conditions and specifications (collectively "City Laws") are enacted or imposed by a
citizen -sponsored initiative or referendum, or by the City Council directly or indirectly in
connection with any proposed initiative or referendum, which City Law would conflict with this
Agreement, such City Law shall not apply to the Project Property or Project. The Parties,
however, acknowledge that the City's approval of this Agreement and the City Approvals are
legislative actions subject to referendum.
Without limiting the generality of the foregoing, no moratorium or other limitation
whether relating to the rate, timing, phasing or sequencing of development affecting subdivision
maps, building permits, or other Subsequent Approvals shall apply to the Project Property or
Project. Owner agrees and understands that the City does not have authority or jurisdiction over
another public agency's authority to grant a moratorium or to impose any other limitation that
may affect the Project Property or Project.
3.7 Operating` Memoranda.
Owner and City acknowledge that the provisions of this Agreement require a
close degree of cooperation between Owner and City, and that refinements and further
development of the Project may demonstrate that changes or additional provisions are
appropriate with respect to the details of performance of the Parties under this Agreement in
order to effectuate the purpose of this Agreement and the intent of the Parties with respect
thereto. If and when, from time to time, the Parties find that such changes or additional
provisions are necessary or appropriate, and subject to the provisions of the next succeeding
sentence, they shall effectuate such changes or provide for such additional provisions through
operating memoranda to be approved in good faith by the Parties, which, after execution, shall
guide implementation of this Agreement and may be further changed or supplemented from
time to time as necessary, with further good faith approval of Owner and City. Upon receipt by
the City of an opinion of the City Attorney to the effect that the subject matter of such operating
memoranda does not require the amendment of this Agreement in the manner provided in
Section 65868 of the California Government Code, then no such operating memoranda shall
require prior notice or hearing, or constitute an amendment to this Agreement; and in the case of
the City, such operating memoranda may be approved and executed by its City Manager
without further action of the City Council. Failure of the Parties to enter into any such
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operating memoranda shall not affect or abrogate any of the rights, duties or obligations of the
Parties hereunder or the provisions of this Agreement.
4. Specific Criteria Applicable to Development of the Project.
4.1 Applicable Ordinances.
Except as set forth in the Project Approvals and subject to the provisions of
Section 4.2 below, the Existing Land Use Ordinances shall govern the development of the
Property hereunder and the granting or withholding of all permits or approvals required to
develop the Property; provided, however, that (a) Owner shall be subject to all changes in
processing, inspection and plan -check fees and charges imposed by City in connection with the
processing of applications for development and construction upon the Property so long as such
fees and charges are of general application and are not imposed solely with respect to the
Project Property; (b) Owner shall abide by the Building Ordinances in effect at the time of such
applications; and (c) Development Impact Fees to be paid by Owner during the first two (2)
years of this Agreement shall be those in effect at the Effective Date of this Agreement.
4.2 Amendment to Applicable Ordinances.
Any change to the Existing Land Use Ordinances that conflicts with the Project
Approvals shall nonetheless apply to the Project Property if, and only if (i) it is consented to in
writing by Owner in Owner's sole and absolute discretion; (ii) it is determined by City and
evidenced through findings adopted by the City Council that the change or provision is
reasonably required in order to prevent a condition dangerous to the public health or safety;
(iii) it is required by changes in State or Federal law; (iv) it consists of changes in, or new fees
permitted by, Section 4.l;or (v) it is otherwise expressly permitted by this Agreement.
In the event that the City zoning ordinance is amended by the City in a manner
which provides more favorable site development standards for the Project Property or any part
thereof than those in effect as of the Effective Date, Owner shall have the right to notify the City
in writing of its desire to be subject to all or any such new standards for the remaining term of
this Agreement. If City agrees, by resolution of the City Council, such new standards shall
become applicable to the Project Property or portions thereof. Should City thereafter amend
such new standards, upon the effective date of such amendment, the original new standards
shall continue to apply to the Project Property as provided above, but Owner may notify City in
writing of its desire to be subject to all or any such amended new standards and City shall agree
in the manner above provided to apply such amended new standards to the Project Property.
4.3 Easements; Abandonments.
City shall cooperate with Owner in connection with any arrangements for
abandoning existing utility or other easements and the relocation thereof or creation of any new
easements within the Project Property necessary or appropriate in connection with the
development of the Project; and if any such easement is owned by City, City shall, at the request
of Owner and in the manner and to the extent permitted by law, take such action and execute
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such documents as may be necessary to abandon existing easements and relocate them, as
necessary or appropriate in connection with the development of the Project, all at the cost and
expense of the Owner. In addition, to the extent that temporary or permanent easements on
property adjacent or in close proximity to the Project Property will be required in order for
Owner to develop all or portions of the Project, the City shall cooperate with Owner in efforts to
obtain or secure any such required easements.
5. Periodic Review of Compliance.
In accordance with Govt. Code Section 65865.1, the Director of Community Development shall
review this Agreement at least each calendar year during the term of this Agreement. At such
periodic reviews, Owner and City must demonstrate their good faith compliance with the terms
of this Agreement. Owner and City agree to furnish such evidence of good faith compliance.
6. Permitted Delays; Supersedure by Subsequent Laws.
6.1 Permitted Delays.
In addition to any other provisions of this Agreement with respect to delay,
Owner and City shall be excused from performance of their obligations hereunder during any
period of delay caused by acts of mother nature, civil commotion, riots, strikes, picketing, or
other labor disputes, shortage of materials or supplies, or damage to or prevention of work in
process by reason of tire, floods, earthquake, or other casualties, litigation, acts or neglect of
the other party, any referendum elections held on the Enacting Ordinance, or the Land Use
Ordinances, or any other ordinance effecting the Project or the approvals, permits or other
entitlements related thereto, or restrictions imposed or mandated by governmental or quasi -
governmental entities, enactment of conflicting provisions of the Constitution or laws of the
United States of America or the State of California or any codes, statutes, regulations or
executive mandates promulgated thereunder (collectively, "Laws"), orders of courts of
competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the
reasonable control of City or Owner, as applicable. Each Party shall promptly notify the other
Party of any delay hereunder as soon as possible after the same has been ascertained. The time
of performance of such obligations shall be extended by the period of any delay hereunder.
6.2 Supersedure of Subsequent Laws or Judicial Action.
The provisions of this Agreement shall, to the extent feasible, be modified or
suspended as may be necessary to comply with any new Law or decision issued by a court of
competent jurisdiction (a "Decision"), enacted or made after the Effective Date which prevents
or precludes compliance with one or more provisions of this Agreement. Promptly after
enactment of any such new Law, or issuance of such Decision, the Parties shall meet and confer
in good faith to determine the feasibility of any such modification or suspension based on the
effect such modification or suspension would have on the purposes and intent of this
Agreement. In addition, Owner and City shall have the right to challenge the new Law or the
Decision preventing compliance with the terms of this Agreement. In the event that such
challenge is successful, this Agreement shall remain unmodified and in full force and effect,
except that the Term shall be extended, in accordance with Section 2.1 above, for a period of
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time equal to the length of time the challenge was pursued, to extent such challenge delayed the
implementation of the project.
7. Events of Default; Remedies; Termination.
7.1 Events of Default.
Subject to any extensions of time by mutual consent in writing, and subject to the
provisions of this Agreement regarding permitted delays, the failure of either Party to perform
any material term or provision of this Agreement shall constitute an event of default hereunder
("Event of Default") if such defaulting Party does not cure such failure within one hundred and
twenty (120) days following receipt of written notice of default from the other Party; provided,
however, that if the nature of the default is such that it cannot be cured within such one hundred
and twenty (120) day period, the commencement of the cure within such one hundred and
twenty (120) day period and the diligent prosecution to completion of the cure shall be deemed
to be a cure within such period. Any notice of default given hereunder shall specify in detail the
nature of the alleged Event of Default and the manner, if any, in which such Event of Default
may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
During the time periods herein specified for cure of a failure of performance, the Party charged
therewith shall not be considered to be in default for purposes of termination of this Agreement,
institution of legal proceedings with respect thereto, or issuance of any permit, map, certificate
of occupancy, approval or entitlement with respect to the Project.
7.2 Remedies.
Upon the occurrence of an Event of Default, the non -defaulting Party shall have
such rights and remedies against the defaulting party as it may have at law or in equity,
including, but not limited to, the right to terminate this Agreement or seek mandamus, specific
performance, injunctive or declaratory relief, but not the right to damages, except to enforce
payment obligations provided for under the terms of this Agreement. Notwithstanding the
foregoing and except as otherwise provided in Section 8.4 hereof, if either Owner or City elects
to terminate this Agreement as a result of the occurrence of an Event of Default, such
proceeding of termination shall constitute such Party's exclusive and sole remedy, and with
respect to such election.
7.3 Waiver; Remedies Cumulative.
Failure by a Party to insist upon the strict performance of any of the provisions of
this Agreement by the other Party shall not constitute waiver of such Party's right to demand
strict compliance by such other Party in the future. All waivers must be in writing to be
effective or binding upon the waiving Party, and no waiver shall be implied from any omission
by a Party to take any action with respect to such Event of Default. No express written waiver
of any Event of Default shall affect any other Event of Default, or cover any other period of
time specified in such express waiver.
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7.4 Effect of Termination.
Termination of this Agreement by one Party due to the other Party's default, or as
a result of the exercise of the right of termination provided to the Owner under Section 7.2
hereof, shall not affect any right or duty emanating from any approvals, permits, certificates or
other entitlements with respect to the Project Property or the Project which were issued,
approved or provided by the City prior to the date of termination of this Agreement. If City
terminates this Agreement because of Owner's default, then City shall retain any and all
benefits, including money, land or improvements conveyed to or received by the City prior to
the date of termination of this Agreement, subject to any reimbursement obligations of the City.
If Owner terminates this Agreement because of City's default, or as a result of the exercise of
the right of termination provided to the Owner under Section 7.2 hereof, then Owner shall be
entitled to all of the benefits arising out of, or approvals, permits, certificates or other
entitlements" on account of, any Exactions paid, given or dedicated to, or received by, City
prior to the date of termination of this Agreement. Except as otherwise provided in this Section
7.4, all of the rights, duties and obligations of the Parties hereunder shall otherwise cease as of
the date of the termination of this Agreement.
If this Agreement is terminated pursuant to any provision hereof, then the City
shall, after such action takes effect, cause an appropriate notice of such action to be recorded in
the official records of the County of Riverside. The cost of such recordation, shall be borne by
the Party causing such action.
7.5 Third Party Actions.
Any court action or proceeding brought by any third party to challenge this
Agreement or any permit or approval required from City or any other governmental entity for
development or construction of all or any portion of the Project, whether or not Owner is a party
defendant to or real party defendant in interest in such action or proceeding, shall constitute a
permitted delay under Section 7.1.
8. Encumbrances on Property.
8.1 Discretion to Encumber.
The Parties hereto agree that this Agreement shall not prevent or limit Owner, in
any manner, at Owner's sole discretion, from encumbering the Project Property or any portion
thereof or any improvements thereon with any Mortgage or other security device securing
financing with respect to the Project Property. The City acknowledges that the lenders
providing such financing may require certain modifications to this Agreement, and the City
agrees upon request, from time -to -time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such request for modification. City further agrees that it
will not unreasonably withhold its consent to any such requested modification.
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8.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid,
diminish or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Site or any
portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee's sale,
deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of
this Agreement.
8.3 Mortgagee Not Obli 7a�ed.
Notwithstanding the provisions of Section 8.1, no Mortgagee will have any
obligation or duty under this Agreement to perform the obligations of Owner or other
affirmative covenants of Owner hereunder, or to guarantee such performance, except that to the
extent that any covenant to be performed by Owner is a condition to the performance of a
covenant by City, the performance thereof shall continue to be a condition precedent to City's
performance hereunder.
8.4 Estoppel Certificates.
Either Party may, at any time, and from time to time, deliver written notice to the
other Party requesting such Party to certify in writing that, to the knowledge of the certifying
Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii)
this Agreement has not been amended or modified, or if so amended or modified, identifying
such amendments or modifications, and (iii) the requesting Party is not in default in the
performance of its obligations under this Agreement, or if in default, describing therein the
nature and amount of any such defaults. A Party receiving a request hereunder shall execute
and return such certificate within thirty (30) days following the receipt thereof. City
acknowledges that a certificate hereunder may be relied upon by transferees, assignees and
lessees of the Owner and the holders of any Mortgage.
9. Transfers and Assignments; Effect of Agreement on Title.
9.1 Rights and Interests Appurtenant.
The rights and interests conveyed as provided herein to Owner benefit and are
appurtenant to the Project Property. Owner has the right to sell, assign and transfer any and all
of its rights and interests hereunder and to delegate and assign any and all of its duties and
obligations hereunder. Such rights and interests hereunder may not be sold, transferred or
assigned and such duties and obligations may not be delegated or assigned except in compliance
with the following conditions:
(i) Said rights and interests may be sold, transferred or assigned only
together with and as an incident of the sale, lease, transfer or assignment of the portions of the
Project Property to which they relate, including any transfer or assignment pursuant to any
foreclosure of a Mortgage or a deed in lieu of such foreclosure. Following any such sale,
transfer or assignment of any of the rights and interests of Owner under this Agreement, the
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ORDINANCE NO. 1281
exercise, use and enjoyment thereof shall continue to be subject to the terms of this Agreement
to the same extent as if the purchaser, transferee or assignee were Owner hereunder.
9.2 Covenants Run with Land.
(i) All of the provisions, agreements, rights, powers, standards,
terms, covenants and obligations contained in this Agreement shall be binding upon the Parties
and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns,
devisees, lessees, and all other persons acquiring any rights or interests in the Project Property,
or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall
inure to the benefit of the Parties and their respective heirs, successors (by merger,
consolidation or otherwise) and assigns;
(ii) All of the provisions of this Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to applicable law;
(iii) Each covenant to do or refrain from doing some act on the Project
Property hereunder (A) is for the benefit of and is a burden upon every portion of the Property,
(B) runs with such lands, and (C) is binding upon each Party and each successive owner during
its ownership of the Project Property or any portions thereof, and shall benefit each Party and its
lands hereunder, and each such other person or entity succeeding to an interest in such lands.
10. Notices. Any notice to either party shall be in writing and given by delivering
the same to such party in person or by sending the same by registered or certified mail, return
receipt requested, with postage prepaid, to the following addresses:
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
If to Owner:
PD 80 T&S, LLC
30875 Date Palm Drive
Cathedral City, CA 92234
Attention: Mr. Ted Seldin
And to:
Palm Desert University Gateway, LLC
30875 Date Palm Drive
Cathedral City, CA 92234
Attention: Mr. Ted Seldin
And to:
Lewis Brisbois Bisgaard & Smith LLP
78-075 Main Street, Suite 203
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ORDINANCE NO. 1281
La Quinta, California 92253
Attention: Gregory R. Oleson Esq.
Either Party may change its mailing address at any time by giving written notice of such change
to the other Party in the manner provided herein. All notices under this Agreement shall be
deemed given, received, made or communicated on the date personal delivery is affected or, if
mailed, on the delivery date or attempted delivery date shown on the return receipt.
11. Indemnification.
11.1 Owner's Obligation.
Owner will defend, indemnify and hold the City and its elected officials, officers,
employees, agents and volunteers free and harmless from any loss, cost or liability (including,
without limitation, liability arising from injury or damage to persons or property, including
wrongful death and worker's compensation claims), which results from (i) any obligation of
Owner which arises from the development of the Project Property, specifically excluding
however Planning Areas 8 and 9, including, without limitation, obligations for the payment of
money for material and labor; (ii) any failure on the part of Owner to take any action which it is
required to take as provided in this Agreement; (iii) any action taken by Owner which it is
prohibited from taking as provided in this Agreement and (iv) any claim which results from any
willful or negligent act or omission of Owner. Anything contained herein notwithstanding, City
shall be responsible for any loss, cost or liability (including, without limitation, liability arising
from injury or damage to persons or property, including wrongful death and worker's
compensation claims), which results from or is caused by City's own negligent acts or omissions
or intentional conduct, and not caused to any extent by Owner's negligent acts or omissions or
intentional conduct.
In the event of any administrative, legal or equitable action instituted by a third
party challenging the validity of any provision of this Agreement, the procedures leading to its
adoption, or the Project Approvals for the Project, Owner and City each shall have the right, in
its sole discretion, to elect whether or not to defend such action. Owner shall defend,
indemnify, and hold harmless the City (including its agents, officers and employees) from any
such action, claim, or proceeding with counsel chosen by the City, subject to Owner's approval
of counsel, which shall not be unreasonably denied, and at Owner's sole expense. If the City is
aware of such an action or proceeding, it shall promptly notify Owner and cooperate in the
defense. Owner upon such notification shall deposit with City sufficient funds in the judgment
of City Finance Director to cover the expense of defending such action without any offset or
claim against said deposit to assure that the City expends no City funds. If both Parties elect to
defend, the Parties hereby agree to affirmatively cooperate in defending said action and to
execute a joint defense and confidentiality agreement in order to share and protect information,
under the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Owner shall coordinate their defense in order to make the most
efficient use of legal counsel and to share and protect information. Owner and City shall each
have sole discretion to terminate its defense at any time. The City shall not settle any third
party litigation of Project Approvals without Owner's consent, which consent shall not be
unreasonably withheld, conditioned or delayed.
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ORDINANCE NO. 1281
11.2 Environmental Assurances.
Both Parties agree to indemnify and hold the other Party and its elected officials,
its officers, employees, agents and volunteers, as may be applicable, free and harmless from any
liability deriving from the execution or performance of this Agreement, based or asserted upon
any act or omission of either Party, its officers, agents, employees, contractors, subcontractors
and independent contractors for any violation of any federal, state or local law, ordinance or
regulation relating to hazardous or toxic materials, industrial hygiene, or environmental
conditions created by the other Party or its officers, agents or employees, contractors,
subcontractors and independent contractors after the Effective Date on or under the Project
Property, including, but not limited to soil and groundwater conditions, and each Party shall
defend, at its expense, including attorneys fees, the other Party and its elected officials,
employees, agents and volunteers, as applicable, in any action based or asserted upon any such
alleged act or omission. Either Party may in its discretion participate in the defense of any such
action. The provisions of this Section 11.2 shall survive the termination or expiration of this
Agreement.
12. Miscellaneous.
12.1 Relationship of Parties.
The Parties specifically acknowledge that this Agreement is a contract that has been negotiated
and knowingly and voluntarily entered into by the City and Owner and that the Owner is an
independent contractor and not an agent or partner of the City. The Parties further acknowledge
that neither Party is acting as the agent of the other in any respect hereunder and that each Party
is an independent contracting entity with respect to the terms, covenants, and conditions
contained in this Agreement.
None of the terms or provisions of this Agreement shall be deemed to create a partnership
between or among the Parties in the business of Owner, the affairs of the City, or otherwise.
City and Owner hereby renounce the existence of any form of joint venture or partnership
between them, and agree that nothing contained in this Agreement or in any document executed
in connection with this Agreement shall be construed as making the City and Owner joint
venturers or partners. The only relationship between the City and Owner is that of a
governmental entity regulating development and the owner of the Project Property and
developer of the Project.
12.2 Consents.
Unless otherwise herein provided, whenever approval, consent, acceptance or
satisfaction (collectively, a "Consent") is required of a Party pursuant to this Agreement, it
shall not be unreasonably withheld or delayed. Unless provision is otherwise specified in this
Agreement or otherwise required by law for a specific time period, Consent shall be deemed
given within thirty (30) days after receipt of the written request for Consent, and if a Party
shall neither approve nor disapprove within such thirty (30) day period, or other time period as
may be specified in this Agreement or otherwise required by law for Consent, that Party shall
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ORDINANCE NO. 1281
then be deemed to have given its consent. If a Party shall disapprove, the reasons therefor shall
be stated in reasonable detail in writing. This Section does not apply to development approvals
by the City.
12.3 Not a Public Dedication.
Except as otherwise expressly provided herein, nothing herein contained shall be
deemed to be a gift or dedication of the Project Property, or of the Project or any portion
thereof, to the general public, for the general public, or for any public use or purpose
whatsoever, it being the intention and understanding of the Parties that this Agreement be
strictly limited to and for the purposes herein expressed for the development of the Project as
private property.
12.4 Severability.
If any term, provision covenant or condition of this Agreement shall be
determined invalid, void or unenforceable by judgment or court order, the remainder of this
Agreement shall remain in full force and effect, unless enforcement of this Agreement as so
invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or
would frustrate the purposes of this Agreement.
12.5 Exhibits.
Each reference to a Section or Exhibit in this Agreement shall mean the sections
of this Agreement and the exhibits attached to this Agreement, unless the context requires
otherwise. Each such exhibit is incorporated herein by this reference.
12.6 Entire Agreement.
This written Agreement and the Exhibits hereto contain all the representations
and the entire agreement between the Parties with respect to the subject matter hereof. Except
as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence,
memoranda, agreements, warranties or representations are superseded in total by this
Agreement and Exhibits hereto.
12.7 Governing Law; Construction of Agreement.
This Agreement, and the rights and obligations of the parties, shall be governed
by and interpreted in accordance with the laws of the State of California. The provisions of this
Agreement and the Exhibits hereto shall be construed as a whole according to their common
meaning and not strictly for or against any party and consistent with the provisions hereof, in
order to achieve the objectives and purposes of the parties hereunder. The captions preceding
the text of each Section and subsection hereof are included only for convenience of reference
and shall be disregarded in the construction and interpretation of this Agreement. Wherever
required by the context, the singular shall include the plural and vice versa.
12.8 Signature Pages.
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ORDINANCE NO. 1281
The signatures of the Parties of this Agreement may be executed and
acknowledged on separate pages which, when attached to this Agreement, shall constitute this
as one complete Agreement.
12.9 Time.
Time is of the essence of this Agreement and of each and every term and
condition hereof.
12.10 Prevailing_Party's Attorney's Fees and Costs.
If any Party to this Agreement shall fail to perform any of its obligations
hereunder, or if a dispute arises with respect to the meaning or interpretation of any provision
hereof or the performance of the obligations of any Party hereto, the defaulting Party or the
Party not prevailing in such dispute, as the case may be, shall promptly pay any and all costs
and expenses (including without limitation, all court costs and reasonable attorneys' fees and
expenses) incurred by the other Party with respect to such dispute or in enforcing or establishing
its rights hereunder.
12.11 Incorporation of Recitals.
The Recitals and all defined terms set forth herein are hereby incorporated into
this Agreement as if fully and completely rewritten.
12.12 Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of
Owner and the City and their successors -in -interest, heirs and assigns. No other person or entity
shall have any right of action based upon any provision in this Agreement.
12.13 Interpretation.
This Agreement is the product of mutual negotiations and participation by both
the City and Landowner. For purposes of construing the meaning or effect of this Agreement,
or any portion hereof, it shall be presumed this Agreement was drafted by both Parties and not
as if it had been prepared by one Party or the other. Each Party to this Agreement specifically
acknowledges that it had sufficient opportunity to review the Agreement, confer with its
separate legal counsel regarding the meaning of this Agreement and any provision contained
herein, and negotiate revisions to this Agreement. Each Party relies solely upon its own
judgment and the advice of its counsel in interpreting the provisions of this Agreement and is
not relying on any representation, interpretation, presumed assent, or implied agreement of the
other Party which is not expressly contained in this Agreement. Accordingly, neither Party
shall use or rely upon California Civil Code Section 1654 in order to interpret any uncertainty in
the meaning of this Agreement.
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ORDINANCE NO. 1281
IN WHITNESS WHEREOF, the Parties have executed this Agreement as of the
date and y ear first above -written.
OWNER:
PD 80 T&S, LLC,
a Nebraska Limited Liability Company
And
Palm Desert University Gateway, LLC,
a Nebraska Limited Liability Company
by its Manager,
PD 80 Management, Inc.
By: Ted Seldin, President
CITY:
CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing
under the laws of the State of California
Susan Marie Weber, Mayor
Attest:
Rachelle Klassen, City Clerk
Approved as to Form
By:
David Erwin of Best Best & Krieger LLP
City Attorney
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ORDINANCE NO. 1281
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On , before me,
personally appeared
, a Notary Public,
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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ORDINANCE NO. 1281
EXHIBIT A
CITY PROPERTY
(to be attached prior to recording)
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ORDINANCE NO. 1281
EXHIBIT B
OWNER PROPERTY
(to be attached prior to recording)
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ORDINANCE NO. 1281
EXHIBIT C
TENTATIVE PARCEL MAP 63792
(to be attached prior to recording)
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RESOLUTION NO. 2015-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT
AS PART OF THE MILLENNIUM PALM DESERT SPECIFIC PLAN FOR THE
DEVELOPMENT OF A MULTI -USE PROJECT ON 152 ACRES LOCATED
NORTH OF GERALD FORD DRIVE, EAST OF TECHNOLOGY DRIVE, WEST
OF PORTOLA AVENUE, AND SOUTH OF UNION PACIFIC RAILROAD
CASE NO: GPA 14-332
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17`h day of February, 2015, hold a duly noticed public hearing to consider the request by
PD 80 T & S, LLC and Palm Desert University Gateway, LLC, for approval of the above
noted and adopted Planning Commission Resolution 2645 recommending approval of The
Millennium Palm Desert Specific Plan and supporting applications, to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12ch
day of March, 2015, hold a duly noticed public hearing to consider the request by PD 80 T &
S, LLC and Palm Desert University Gateway, LLC, for approval of The Millennium Palm
Desert Specific Plan and above noted General Plan Amendment; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, the Director of Community Development has determined that the
project will not have a negative impact on the environment and that a mitigated negative
declaration can be adopted; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did find the
following facts and reasons to exist to justify the approval of said request:
The Millennium Palm Desert Specific Plan, Development Agreement, General
Plan Amendment, Change of Zone, Tentative Parcel Map 36792, and Tentative
Tract Map 36793, as proposed, are consistent with the goals and policies of the
Palm Desert General Plan including that the project will provide alternate means
of transportation, development of a segment of the Mid -Valley Bike Path, provide
additional affordable housing units, provide local employment centers in close
proximity to residential land uses, increase the City's sales tax base, and provide
recreational open space.
2. The Millennium Palm Desert Specific Plan complies with provisions of the
University Park Planning Area in that the plan provides a balance of land use
intensities and open space, provides for efficient multi -modal interconnectivity,
and complies with the "High -Density Overlay" provisions for the area.
3. The Millennium Palm Desert Specific Plan will provide land use compatibility
within the boundaries of the planning area and with adjacent properties as the
RESOLUTION NO. 2015-14
proposed uses and development standards are similar to existing uses to the
south, west and east.
4. The Millennium Palm Desert Specific Plan is suitable and appropriate for the
property in that the property has been designated for commercial, industrial,
residential and open space uses and that development will comply with
applicable City standards and standards approved as part of the Specific Plan.
5. The General Plan Amendment is in the public interest and that the general plan,
as amended, will remain internally consistent. The General Plan Amendment is
necessary to execute the development plans for The Millennium Palm Desert
Specific Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve General Plan Amendment 14-332 as
proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of March, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
\\srv-fil2k3\groups\Planning\Enc Ceja\Case Files\The North\Oty Council\CC -General Ran Amd. Reso . . CJOCX
2
ORDINANCE NO. 1282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION
FOR THE MILLENNIUM PALM DESERT SPECIFIC PLAN FOR THE
DEVELOPMENT OF A MULTI -USE PROJECT ON 152 ACRES LOCATED
NORTH OF GERALD FORD DRIVE, EAST OF TECHNOLOGY DRIVE, WEST
OF PORTOLA AVENUE, AND SOUTH OF UNION PACIFIC RAILROAD
CASE NO: CZ 14-332
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17`h day of February, 2015, hold a duly noticed public hearing to consider the request by
PD 80 T & S, LLC and Palm Desert University Gateway, LLC, for approval of the above
noted and adopted Planning Commission Resolution 2645 recommending approval of The
Millennium Palm Desert Specific Plan and supporting applications, to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12`h
day of March, 2015, hold a duly noticed public hearing to consider the request by PD 80 T &
S, LLC and Palm Desert University Gateway, LLC, for approval of The Millennium Palm
Desert Specific Plan and above noted Change of Zone application; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, the Director of Community Development has determined that the
project will not have a negative impact on the environment and that a mitigated negative
declaration can be adopted; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did find the
following facts and reasons to exist to justify the approval of said request:
The Millennium Palm Desert Specific Plan, Development Agreement, General
Plan Amendment, Change of Zone, Tentative Parcel Map 36792, and Tentative
Tract Map 36793, as proposed, are consistent with the goals and policies of the
Palm Desert General Plan including that the project will provide alternate means
of transportation, development of a segment of the Mid -Valley Bike Path, provide
additional affordable housing units, provide local employment centers in close
proximity to residential land uses, increase the City's sales tax base, and provide
recreational open space.
2. The Millennium Palm Desert Specific Plan complies with provisions of the
University Park Planning Area in that the plan provides a balance of land use
intensities and open space, provides for efficient multi -modal interconnectivity,
and complies with the "High -Density Overlay" provisions for the area.
3. The Millennium Palm Desert Specific Plan will provide land use compatibility
within the boundaries of the planning area and with adjacent properties as the
ORDINANCE NO. 1282
proposed uses and development standards are similar to existing land uses to
the south, west and east.
4. The Millennium Palm Desert Specific Plan is suitable and appropriate for the
property in that the property has been designated for commercial, industrial,
residential and open space uses and that development will comply with
applicable City standards and standards approved as part of the Specific Plan.
5. That the proposed change of zone application is consistent with the Planned
Community Development overlay zone, which requires property owners to
coordinate development activities through the establishment of a master and/or
specific plan document. The change of zone application is consistent with The
Millennium Palm Desert Specific Plan and is necessary to execute the
development of said plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve Change of Zone 14-332 as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of March. 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
GAPlanning\Eric Ceja\Case Files\The North\City Council\CC - Change of Zone Reso..docx
P�
RESOLUTION NO. 2015-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36792
TO SUBDIVIDE 152 ACRES IN TO NINE PARCELS FOR THE
MILLENNIUM PALM DESERT SPECIFIC PLAN AND TENTATIVE TRACT
MAP 36793 TO SUBDIVIDE 38+ ACRES INTO 166 SINGLE-FAMILY
LOTS FOR PLANNING AREA 1 OF THE MILLENNIUM PALM DESERT
SPECIFIC PLAN, LOCATED ON THE SOUTHEAST CORNER OF DINAH
SHORE DRIVE AND PORTOLA AVENUE
CASE NO: TPM 36792 AND TTM 36793
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 17th day of February, 2015, hold a duly noticed public hearing to consider the
request by PD 80 T & S, LLC and Palm Desert University Gateway, LLC, for approval of
the above noted and adopted Planning Commission Resolution 2645 recommending
approval of The Millennium Palm Desert Specific Plan and supporting applications,
including the Tentative Parcel and Tentative Tract Map, to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
12th day of March, 2015, hold a duly noticed public hearing to consider the request by
PD 80 T & S, LLC and Palm Desert University Gateway, LLC , for approval of the above
noted Tentative Parcel and Tentative Tract Map; and
WHEREAS, said applications have complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2014-41, the Director of Community Development has determined
that the project will not have a negative impact on the environment and that a mitigated
negative declaration can be adopted; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council
did find the following facts and reasons to exist to justify the approval of said request:
1. The Millennium Specific Plan, Tentative Parcel Map 36792, and Tentative
Tract Map 36793, as proposed, are consistent with the goals and policies of
the Palm Desert General Plan including that the project will provide alternate
means of transportation, development of a segment of the Mid -Valley Bike
Path, provide additional affordable housing units, provide local employment
centers in close proximity to residential land uses, increase the City's sales
tax base, and provide recreational open space.
2. The Millennium Specific Plan complies with provisions of the University Park
Planning Area in that the plan provides a balance of land use intensities and
RESOLUTION NO. 2015-15
open space, provides for efficient multi -modal interconnectivity, and complies
with the "High -Density Overlay" provisions for the area.
3. The Millennium Specific Plan will provide land use compatibility within the
boundaries of the planning area and with adjacent properties as the proposed
uses and development standards are similar to existing uses to the south,
west and east.
4. The Millennium Specific Plan is suitable and appropriate for the property in
that the property has been designated for commercial, industrial, residential
and open space uses and that development will comply with applicable City
standards and standards approved as part of the Specific Plan.
5. That the proposed Tentative Parcel Map and Tentative Tract Map are not
detrimental to the public health, safety or general welfare, or materially
injurious to the surrounding properties or improvements in the City of Palm
Desert.
FINDINGS FOR APPROVAL:
That the density of the proposed subdivision is consistent with applicable
general and specific plans.
The project includes a mix of housing densities inclusive of single-family
detached homes and multi -family apartment units with affordable housing
components. General Plan Land Use Element Residential Goal 1 proposes
that 'A balanced range of housing types, densities and affordabilities that
accommodate existing and future residents across all socio-economic sectors
of the community." The Specific Plan, and the parcel and tract maps that
initiate the subdivision of land within the project boundaries, comply with this
General Plan Goal in that sixty-six (66) affordable housing units will be
provided by the developer upon completion of the project and the City will
construct up to 200 units for affordable housing. The single-family portion of
the Specific Plan also provides a mix of product types and lot sizes. The
diverse range of housing types within the project area complies with this goal
and the mix of densities is consistent with the City General Plan.
The project is also within the University Park Planning Area (UPPA), which is
a special study area intended to build on synergies created by the proximity of
the UCR/CSUSB Palm Desert campuses. As such, the UPPA calls for a wide
range of residential, commercial, resort, business park and institutional uses
within the planning area. Higher residential densities are applied to
accommodate a greater number of residents closer to the universities. The
Specific Plan provides guidelines for the inclusion of a mix of housing types
and densities, including densities that comply with the City's Medium High
Density Overlay. As proposed, the project conforms to densities of the UPPA.
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RESOLUTION NO. 2015-15
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the parcel map has been reviewed by the
Planning Department, Fire Department, and Public Works Department for
consistency with the General Plan and emergency services. The lot sizes,
street and utility improvements, circulation patterns, and drainage
improvements meet all requirements of the General Plan. All existing
perimeter streets are in conformance with the General Plan and minor striping
and roadway dedication is needed to complete existing streets. In addition,
the applicant will complete Dinah Shore Drive and Technology Drive to their
ultimate build -out.
3. That the site is physically suitable for the type of development.
The 152 acres contained in The Millennium Palm Desert Specific Plan is
suitable for the development proposed. Environmental, cultural, and other
special studies were prepared for lands within the project area. No
environmental issues were identified that would indicate that development in
this area would be unsuitable. In addition, existing commercial and residential
developments have successfully constructed similar types of development in
the immediate vicinity. No obstacles to development of surrounding
subdivisions were experienced and, due to the proximity and similarity of the
proposed development, it's reasonable to conclude that the site is physically
suitable for it. The property is suitable for the proposed development as
conditioned and mitigated as described in the draft Initial Study and
Environmental Assessment.
4. That the site is physically suitable for the proposed density of development.
The project area borders existing single-family development to the west and
existing commercial development to the east. As proposed, the site layout
and distribution of land uses are consistent with surrounding development.
The Specific Plan proposes commercial and hotel development within the
eastern portion of the project area at heights and intensities similar to existing
commercial and hotel uses in the vicinity. The Specific Plan also proposes
lower density single-family homes directly across from existing single-family
homes. The proposed single-family home densities are similar to and
compatible with surrounding single-family developments. In addition, the
location of the lower density single-family within the western portion of the
project area provides a buffer and transition to denser multi -family housing in
the middle of the project area.
The proposed project densities are similar to existing multi -family residential
development within the UPPA. The proposed density for the multi -family site
is consistent with the High Density Overlay zone provided in the UPPA. The
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RESOLUTION NO. 2015-15
location of the higher density residential uses is well suited as they are in
close proximity to existing and future employment opportunities and
recreational open space. The infrastructure, soils, and terrain serving the
development will adequately support these densities.
5. That the design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and
unavoidably injury to fish or wildlife or their habitat.
For purposes of the California Environmental Quality Act (CEQA), a Mitigated
Negative Declaration of Environmental Impact has been prepared. The design
of the project will not cause substantial environmental damage or injure fish or
wildlife or their habitat since the surrounding area has been developed with
similar densities and limited wildlife is present at the site. Environmental studies
performed at the site did not identify any endangered or sensitive species. In
addition, the project will pay into the Coachella Valley Multi -Species Habitat
Conservation fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The design and layout of the parcel map is in compliance with all grading
requirements and the properties will be developed in accordance with the
Uniform California Building Code. Grade changes in the project area are
accommodated by the street layout and open space. Pedestrian access is
provided to adjoining land uses and surrounding roadways, which decreases
the need for vehicular traffic between adjoining properties. Mitigation
measures are also in place to minimize air pollution on sensitive land uses
located within 500-feet of Interstate 10. The parcel map is not likely to cause
serious public health problems within the project area.
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
The proposed project will utilize and enhance existing drainage easements
located along the northern boundary of the project. The parcel map identifies
the use of this area and will record an easement for drainage purposes.
Improvements related to drainage will be provided to ensure the project area
accommodates 100% of the 100-year storm. Surrounding perimeter City
streets are built -out to the General Plan designation and the developer will
complete Dinah Shore Drive and Technology Drive to their ultimate build -out.
The City's Mid -Valley Bike Path will also be completed by the developer
within the Project Area, providing additional access through and around the
site. Pedestrian connections will also be provided throughout the project area.
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RESOLUTION NO. 2015-15
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve Tentative Parcel Map 36792 and
Tentative Tract Map 36793 as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of March. 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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RESOLUTION NO. 2015-15
CONDITIONS OF APPROVAL
TPM 36792 AND TTM 36793
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following
conditions.
2. The applicant shall record both Parcel Map 36792 and Tract Map 36793 within two
(2) years of project approval. Construction of improvements, in accordance with the
approved Development Agreement, shall commence within two (2) years from the
date of approval unless a time extension is granted; otherwise, said approval shall
become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to the approved Specific Plan and
all Palm Desert Municipal ordinances and state and federal statutes now in force, or
which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or
clearance from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. A cultural resources inventory shall be completed by a qualified archeologist prior to
any development activities within the project area.
6. Should human remains be discovered during the construction of the proposed
project, the project coordinator will be subject to either the State Law regarding the
discovery and disturbance of human remains or the Tribal burial protocol. In either
circumstance all destructive activity in the immediate vicinity shall halt, and the
County Coroner shall be contacted pursuant to State Health and Safety Code
7050.5. If the remains are determined to be of Native American origin, the Native
American Heritage Commission (NAHC) shall be contacted. The NAHC will make a
determination of the Most Likely Descendent (MLD). The City and Developer will
work with the designated MLD to determine the final disposition of the remains.
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RESOLUTION NO. 2m -,-1 S
7. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
8. Each Planning Area shall be subject to all applicable fees at time of issuance of
building permits for improvements within that Planning Area.
9. The applicant shall provide a pedestrian connection between Planning Area 1 and
Planning Area 2. The pedestrian connection shall be construction prior to build -out
of Planning Area 1, at the time Planning Area 2 is developed, or whichever occurs
first.
10. Prior to the development and construction of improvements within Planning Area 1
of the Specific Plan, the applicant shall submit an Architectural Review application
for the interior common area and perimeter landscaping, perimeter wall design, and
home architectural plans for the residential units. Submittal of these plans shall be
in accordance with the Community Development Department's Architectural Review
application.
11. Prior to the development and construction of improvements within Planning Areas 2
thru 7, the property owner shall submit a Precise Plan application to the City's
Community Development Department. Precise Plan applications shall be submitted
for the development of a single Planning Area or multiple Planning Areas. The
Precise Plan application will require public hearings with the City's Planning
Commission.
12. The applicant shall enter into a Housing Agreement with the City prior to the
development of Planning Area 7. The Agreement shall be in accordance with
provisions related to affordable housing contained in the Development Agreement.
13. All Planning Areas shall develop in a manner consistent with the Development
Standards contained in the Specific Plan. All other development standards, not
addressed in the Specific Plan, shall comply with the Palm Desert Municipal Code.
14. The Mixed Use Overlay District shall be applied to Planning Areas 5 and 6 of the
Millennium Palm Desert Specific Plan.
15. The developer shall install center medians and perimeter roadway and center
median landscape in accordance with the Development Agreement for the Dinah
Shore Drive extension, between Portola Avenue and Gerald Ford Drive. The
developer shall maintain the landscape, including electrical and water metering, in
accordance with City standards along this portion of Dinah Shore Drive for a period
of no less than five (5) years from the time of median landscape completion.
16. The applicant shall submit landscape plans for the installation of tree plantings and
irrigation improvements along the project's northern boundary, along with the
Architectural Review application for the development of Planning Area 1.
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RESOLUTION NO. 2015-15
Landscape improvements along the northern boundary shall be completed prior to
the issuance of the 80"' building permit for Planning Area 1.
17. The developer shall coordinate the placement and construction of driveway
accesses along Dinah Shore Drive and Technology Drive in order to minimize the
total number of driveway approaches into individual Planning Areas. The placement
of driveways to serve individual Planning Areas shall generally conform to Exhibit
10 of The Millennium Specific Plan.
18. The applicant shall pay into the City's Public Art Fee for Planning Area 1 of the
Specific Plan. It is recommended that this fee be used for an onsite public art
project within Planning Area 1. The remaining Planning Areas shall pay into the
City's Public Art Fee at the time a Building Permit is issued for the development of
said Planning Areas.
19. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for
any landscape, architectural, street, or other lighting types within the project area.
20. All mitigation measures identified in the CEQA Environmental Assessment and
Initial Study shall be incorporated into the planning, design, development, and
operation of the project.
21. The Final Development Agreement shall be recorded within ten (10) days of final
approval of the project by the City Council.
DEPARTMENT OF PUBLIC WORKS:
Tentative Parcel Map 36792
1. The parcel map shall be submitted to the City Engineer for final review and
approval.
2. Easements for drainage, bike paths, sidewalks, and public utility purposes shall be
required on the parcel map.
3. Waiver of access rights consistent with Exhibit 10 of the Specific Plan shall be
granted on the parcel map.
4. Right-of-way as may be necessary for the construction of required public
improvements shall be provided on the parcel map.
5. Horizontal control requirements shall apply to this map, including state plan
coordinates, which shall conform to City of Palm Desert specifications.
6. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
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RESOLUTION NO. 2015_15
7. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
8. Mass grading shall be allowed for this parcel map if a semi -permanent water system
is installed after grading and the area had dust suppressant applied every six
months thereafter.
9. Prior to City Council approval of final parcel map 36792, the applicant shall
construct or enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvement shall be in accordance with the approved
Development Agreement and shall include; but are not limited to:
a. The extension of Technology Drive. Technology Drive west shall be limited to
right-in/right-out access on Gerald Ford Drive. The applicant shall not be
responsible for security for any portion of Technology Drive adjacent to City
properties.
b. Construction of an eight (8) foot wide sidewalk and an eight (8) foot wide striped
bike lane on the east side of Portola Avenue.
c. Construction of landscape medians on Dinah Shore Drive. The maintenance of
the medians shall be the responsibility of the owner/association. The developer
shall maintain the median on Dinah Shore Drive for a period of five (5) years or
until the Park is constructed.
d. Installation of a City designed traffic signal at the intersection of Dinah Shore
Drive and Portola Avenue. Applicant shall be responsible for 50% of the cost of
the improvements. Once installation is complete, the owner shall submit a
request for reimbursement of the cost of installation to the Public Works
Department for City Council approval.
e. Construction of a pork chop island on the southwest corner of Dinah Shore Drive
and Portola Avenue. Applicant shall be responsible for 50% of the cost of the
improvements. Once installation is complete, the owner shall submit a request for
reimbursement of the cost of installation to the Public Works Department for City
Council approval.
f. Construction of traffic circles on Dinah Shore Drive, midway between Portola
Avenue and Gerald Ford Drive, as shown on the tentative map.
g. The extension of Dinah Shore Drive from Portola Avenue to Pacific Drive
consistent with the provisions of the Development Agreement.
10. Parcel Map 36792 shall retain to the 100-year storm within the parcel boundary.
11. The applicant shall be responsible for 100% of the maintenance of the Mid -Valley
Channel adjacent to this parcel map.
12. The developer shall have the option, in accordance with the Development
Agreement, to develop the Mid -Valley Bike Path within the Specific Plan boundaries
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RESOLUTION NO. 2015-15
or submit a payment in lieu of construction of the Mid -Valley Bike Path in the
amount of $772,504.
13. The owner/association of any parcel contributing drainage to the Mid -Valley
Channel shall have maintenance responsibilities.
14. The applicant shall submit Covenants, Conditions, and Restrictions (CC&R's)
concurrently with the final map for review and approval by the Public Works
Department and the Community Development Department. Once approved by the
City, the CC&R's shall be recorded with the County Recorder's Office.
15. The applicant/owner's association shall maintain the storm drain systems that
benefit them in conformance with the approved hydrology and storm drain plans.
Tentative Tract Map 36793
1. The tract map shall be submitted to the City Engineer for final review and approval.
2. Horizontal control requirements shall apply to this map, including state plan
coordinates, which shall conform to the City of Palm Desert specifications.
3. The applicant shall submit CC&R's concurrently with the final map for review and
approval by the Public Works Department and the Community Development
Department. Once approved by the City, the CC&R's shall be recorded with the
County Recorder's Office.
4. Signalization fees, in accordance with City of Palm Desert resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project or
the recordation of the tract map. Should the applicant install the signal, signalization
fees shall be credited toward that installation. In no case shall the applicant be
responsible for any more than 50% of the cost of the signal. Once installation is
complete, the owner shall submit a request for reimbursement of 50% of the cost of
installation to the Public Works Department for City Council approval.
5. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance number 653 shall be paid prior to recordation of the tract map.
6. Park fees in accordance with the Palm Desert Municipal Code Section 26.48.060
shall be paid prior to the recordation of the tract map.
7. The applicant shall submit a grading plan to the Public Works Department for review
and approval. Any changes to the approved civil or landscape plans must be
reviewed for approval prior to work commencing.
8. The applicant shall identify all proposed and existing utilities on the precise grading
plan.
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RESOLUTION NO. 2015-15
9. Drainage shall be retained within the boundaries of Parcel Map 36792.
10. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
11. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
12. The applicant shall submit a final Water Quality Management Plan (WQMP) for
approval. The WQMP shall identify the Best Management Practices (BMPs) that will
be used on the site to control predictable pollutant runoff. Prior to the issuance of
grading permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with the County Recorder Office and a conformed copy shall be
provided to the Public Works Department.
13. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a copy
of the NOI stamped by the State Water Resources Control Board or the Regional
Water Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
14. The applicant shall submit a PM10 application to the Public Works Department for
approval prior to issuances of a grading permit. The applicant shall comply with all
provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
15. The applicant shall construct or enter into an agreement and post security, in a form
and amount acceptable to the City Engineer, guaranteeing the construction of off -site
improvements. Improvements shall be in accordance with the approved Development
Agreement.
16. The applicant shall submit a landscape plan concurrently with the precise grading
plan for review and approval. The applicant is advised to use the City of Palm Desert
Design Guide when designing landscape plans. Landscape plans must meet the
following criteria:
A. Must be water efficient in design and meet the City of Palm Desert's Water
Efficiency Landscape Ordinance.
B. Planting plans must show location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specs and details must be site specific.
E. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
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RESOLUTION NO. 2015-15
BUILDING AND SAFETY DEPARTMENT
Development of this project shall comply with the latest adopted edition of the following
codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Residential Code and its appendices and standards.
C. 2013 California Plumbing Code and its appendices and standards.
D. 2013 California Mechanical Code and its appendices and standards.
E. 2013 California Electrical Code.
F. 2013 California Energy Code.
G. 2013 California Green Building Standards Code.
H. Title 24 California Code of Regulations.
I. 2013 California Fire Code and its appendices and standards.
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1265.
3. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
4. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206)
5. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and
11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
7. Public pools and spas must be first approved by the Riverside County Dept of
Environmental Health and then submitted to Dept of Building and Safety. Pools and
Spas for public use are required to be accessible.
8. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title 5.
9. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
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RESOLUTION NO. 2015-15
10. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other
reasons that may render the building address unreadable shall be addressed during
the plan review process. You may request a copy of Ordinance 1265 or Municipal
Code Section 15.28 from the Department of Building and Safety counter staff.
11. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
FIRE DEPARTMENT:
1. Final fire and life safety conditions will be addressed when building plans are
reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
2. The Fire Prevention Bureau is required to set a minimum fire flow for the
construction of all residential buildings per CFC Appendix B. The developer shall
provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI
residual operating pressure for a 2-hour duration for single family dwellings and
4,000 PGM at 20-PSI residual operating pressure for a 4-hour duration for multi-
family projects. The developer shall also provide a water system capable of
delivering 4,000 GPM at 20-PSI residual operating pressure with a 4-hour duration
for all commercial land developments.
3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per
CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/2" outlets) shall be located on
Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart at each intersection, and shall be located no more than
250 feet from any point on the street or Fire Department access road(s) frontage to
a hydrant for single family dwellings and 350 feet apart at each intersection, and
shall be no more than 210 feet from any point on the street or Fire Department
access road(s) frontage to a hydrant for multi -family projects. The required fire flow
shall be available from any adjacent hydrant(s) in the system.
4. If construction is phased, each phase shall provide approved access and fire
protection prior to any building construction (CFC Chapter 5).
5. Fire apparatus access roads and driveways shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide
all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a
minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to
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RESOLUTION NO. 2015-15
building construction, all locations where structures are to be built shall have fire
apparatus access roads.
6. The gradient for fire apparatus access roads shall not exceed 15 percent. All access
roads shall have an unobstructed width of not less than 20 feet for commercial and
20 feet for residential with an unobstructed vertical clearance of not less than 13
feet and 6 inches.
7. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning
radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet
for multi -family developments.
8. Dead end roadways and streets in excess of 150 feet, which have not been
completed, shall have a turnaround capable of accommodating fire apparatus.
9. The developer shall furnish three copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation for all private water systems
pertaining to the fire service loop for the underground water system. Plans shall be
signed by a registered civil engineer, contain a Fire Prevention Bureau approval
signature block, and conform to hydrant type, location, spacing and minimum fire
flows standards. Hydraulic calculation will be required with the underground
submittal to ensure fire flow requirements are being met for the on -site hydrants.
The plans must be submitted and approved prior to building permit being issued.
10. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the
Fire Prevention Bureau prior to issuance of building permits.
11. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of alarm plans must be submitted by the installing contractor to the Fire
Prevention Bureau prior to issuance of building permits.
12. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height
and be located to the right side of fire riser sprinkler rooms.
13. All manual and electronic gates on required Fire Department access road or gates
obstructing Fire Department access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel.
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ail r ur [1 1!1 Utz`=
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6ij
FAx:76o 341-7098
infoWpalm-drsert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS. DA/SP/GPA/CZ/ 14-332, TPM 36792 &TT 36793
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR A GENERAL
PLAN AMENDMENT, A CHANGE OF ZONE, A DEVELOPMENT AGREEMENT, TENTATIVE
TECHONOLOGY DRIVE TO THE EAST, AND UNION PACIFIC RAILROAD TO THE NORTH
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has reviewed and considered the proposed
project and has determined that any potentially significant impacts can be mitigated to a less
than significant level and a mitigated negative declaration has been prepared for this project.
Project Location/ Description:
Project Location: The project is bounded by Gerald Ford Drive to the south, Portola Avenue to
the west, Technology Drive to the east, and Union Pacific Railroad to the north.
Project Description: The project consists of 152 acres bounded by Gerald Ford Drive to the
south, Portola Avenue to the west, Technology Drive to the east, and Union Pacific Railroad to
the north. A Specific Plan has been submitted to establish nine (9) separate Planning Areas
within the project boundaries. Development within the Planning Areas is expected to be a mix of
single-family homes, multi -family apartment housing, commercial retail and hotel uses, office
and business park, and a regional park. A General Plan Amendment, Change of Zone, a
Development Agreement, a Land Exchange Agreement, Tentative Parcel and Tract Maps, and
a Specific Plan document have been submitted to support the proposed project.
Planning Commission Recommendation: The City of Palm Desert Planning Commission
reviewed the Mitigated Negative Declaration, Specific Plan and supporting documents at their
meeting on February 17, 2015. The Planning Commission voted in favor (3-0-2) recommending
approval of the plans to the City Council.
Recommendation: Staff is recommending approval of the Mitigated Negative Declaration,
Specific Plan and supporting applications.
Public Hearing: The public hearing will be held before the City Council on March 12, 2015, at
4:00 pm.
Public Review: The Mitigated Negative Declaration, Specific Plan, and supporting documents
are available for public review daily at City Hal). Please submit written comments to the Planning
Department. If any group challenges the action in court, issues raised may be limited to only
those issues raised at the public hearing described in this notice or in written correspondence
at, or prior to the Planning Commission hearing. All comments and any questions should be
directed to:
Eric Ceja, Associate Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
eceja@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK
March 2, 2015 CITY OF PALM DESERT, CALIFORNIA
THE MILLENNIUM
PALM DESERT
SPECIFIC PLAN
Palm Desert, California
Prepared for:
City of Palm Desert
73510 Fred Waring
Palm Desert, CA 92260
Prepared by:
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, California 92211
0
:IMILLENNIUM
— BALM DESERT
January 2015
The Millennium Palm Desert
Specific Plan
THE MILLENNIUM PALM DESERT
SPECIFIC PLAN
TABLE OF CONTENTS
I. INTRODUCTION............................................................................................................... 4
A. Overview.............................................................................................................................. 4
B. Purpose.................................................................................................................................4
C. Project Boundary .................................................................................................................. 5
II. EXISTING CONDITIONS................................................................................................. 7
A. Setting.................................................................................................................................. 7
B. Existing General Plan Land Use and Zoning Designations ................................................. 7
C. Circulation..........................................................................................................................10
D. Utility Infrastructure.......................................................................................................... 13
Ill. LAND USE REGULATIONS........................................................................................... 17
A. Land Use Plan.................................................................................................................... 17
B. Planning Areas................................................................................................................... 21
C. Internal Access................................................................................................................... 26
D. General Development Standards....................................................................................... 28
IV. DESIGN GUIDELINES....................................................................................................29
A. Purpose...............................................................................................................................29
B. Site Planning...................................................................................................................... 29
C. Access & Circulation......................................................................................................... 30
D. Architectural Elements...................................................................................................... 31
E. Landscaping....................................................................................................................... 32
F. Walls and Fences................................................................................................................ 32
G. Open Space........................................................................................................................ 32
H. Lighting..............................................................................................................................33
I. Accessory Facilities............................................................................................................ 33
V. PHASING AND FINANCING..........................................................................................34
VI. PROCEDURES..................................................................................................................34
VI1. CONSISTENCY WITH THE GENERAL PLAN..........................................................36
2
The Millennium Palm Desert
Specific Plan
LIST OF TABLES
Table 1 Proposed General Plan and Zoning Designations............................................................ 17
Table 2 The Millennium Palm Desert Land Use Allocation........................................................ 21
Table 3 Planning Area 1 Development Standards........................................................................ 22
Table 4 Planning Area 3, 5 and 6 Development Standards.......................................................... 24
Table 5 Planning Area 7 and 8 Development Standards.............................................................. 25
LIST OF EXHIBITS
Exhibit1 Vicinity Map................................................................................................................... 6
Exhibit 2 Existing General Plan...................................................................................................... 8
Exhibit3 Existing Zoning............................................................................................................... 9
Exhibit4 Cross Sections...............................................................................................................
12
Exhibit 5 Existing Water & Sewer Infrastructure.........................................................................
15
Exhibit6 Land Use Map...............................................................................................................
18
Exhibit 7 Proposed General Plan..................................................................................................
19
Exhibit8 Proposed Zoning...........................................................................................................
20
Exhibit 9 Planning Area 1 Cross Section......................................................................................
23
Exhibit 10 Proposed Project Entry Points.....................................................................................
27
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The Millennium Palm Desert
Specific Plan
1. INTRODUCTION
A. Overview
A Specific Plan is a document allowed under California law which provides cities and counties
with a planning tool for master planning project sites. A Specific Plan, when approved, becomes
the zoning document for the project it covers. Specific Plans must be consistent with the General
Plan of the jurisdiction in which they occur.
Specific Plans can be implemented by local jurisdictions in accordance with the provisions of
California Government Code Section 65450. The City of Palm Desert is implementing this
Specific Plan for the Millennium Palm Desert project.
The Millennium Palm Desert project consists of 152f acres of currently vacant land located near
the City's northern gateway at Interstate-10. It extends from the existing Cook Street interchange
on the east to the future Portola interchange on the west, and provides an opportunity to create an
integrated commercial, residential, and mixed use center. The Millennium Palm Desert project
will expand local and regional economic opportunities, provide a range of residential options,
include a major regional park and serve as a high -quality entry statement.
This Specific Plan has been developed to establish the land use parameters for the project area,
including General Plan and Zoning designations and zoning standards; roadway configurations
and design standards; and procedures for the development of the project area.
B. Purpose
This Specific Plan sets forth a land use plan and long-range development standards that facilitate
commercial, residential, open space and mixed use development within the project boundaries. It
establishes a cohesive development plan for multiple parcels, yet is flexible enough to be
responsive to future economic conditions.
The Specific Plan's land use plan complements existing and planned development in the project
vicinity and maximizes the use of existing utility infrastructure and roadways.
The objectives of this Specific Plan include:
Creating an entry statement for the City at the planned Portola interchange with Interstate
10.
The Millennium Palm Desert
Specific Plan
■ Develop a project that supports the expansion of the University of California Riverside
and California State University San Bernardino campuses, and expands employment
opportunities in the City.
■ The development of a high quality, flexible, productive and well designed master planned
project that takes advantage of the synergies created by the residential, commercial,
business park and park uses planned for the site.
■ Creating a balance of uses that provides the City with a range of residential options for
future residents; a variety of commercial uses that serve not only the project residents, but
the surrounding neighborhood and the traveling public; expands the City's sales and
transient occupancy tax base; and creates opportunities for a broad range of employment
for residents of the City and the region.
■ The addition of a regional park with multiple activity areas to serve the northern part of
the City. I
C. Project Boundary
The 152f-acre property is located near the City's northern corporate limits, south of Interstate-10 t -+
and the Union Pacific Railroad, between Portola Avenue and Cook Street. It is bounded by ,f
Portola Avenue on the west, Gerald Ford Drive on the south, Technology Drive on the east, and
the railroad right of way on the north. Please see Exhibit 1, Vicinity Map. t `
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1
The Millennium Palm Desert
Specific Plan
II. EXISTING CONDITIONS
A. Setting
The subject property is located on the central, low-lying valley floor near the northerly Palm
Desert city limits. It consists of vacant, generally flat desert land with sandy soils and sparse
vegetation. The southwestern 30f acres of the property is the high point of the site, and slopes
down in a northeasterly direction, ranging from approximately 222 feet above mean sea level
(msl) at the corner of Portola Avenue and Gerald Ford Drive. to a low point of 173 feet above
msl at the northeastern corner of the property.
Land to the immediate north consists of the northwest -southeast trending Union Pacific Railroad
and Interstate-10 corridors. To the east are Technology Drive and hotel, commercial retail, and
office park development, and a Department of Motor Vehicles (DMV) service center to the
northeast. To the south is Gerald Ford Drive and vacant land approved for future development
within the University Park Master Plan. These lands are currently approved for residential
development. Commercial office and retail uses occur to the southeast of the site, along Cook
Street. To the west of the project area are Portola Avenue and a single-family residential
development (`The Gallery"). which is largely developed.
B. Existing General Plan Land Use and Zoning Designations
The City's General Plan designates the majority of the 152 acres for Business Park.
Approximately 40 acres at the northeastern corner of Gerald Ford and Portola is designated Open
Space — Public Park, and approximately 30 acres at the northwestern corner of Gerald Ford and
Technology are designated Mixed Use. Please see Exhibit 2. Existing General Plan Designations.
The City's Zoning Map currently assigns Planned Commercial Development to the majority of
the site. Approximately 30 acres at the northwestern corner of Gerald Ford and Technology and
approximately 27 acres at the southeastern corner of Portola and the railroad right of way are
designated Planned Residential — 22 units per acre. Please see Exhibit 3, Existing Zoning
Designations.
This Specific Plan proposes to change the General Plan and Zoning designations for this
property. Please see Section Ill.
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The Millennium Palm Desert
Specific Plan
C. Circulation
The project area has immediate access to regional transportation links, including local roads,
arterials, and major highways that interconnect with the broader roadway system. Roads
immediately adjacent to the property are described below.
Portola Avenue
Portola Avenue is immediately adjacent to the westerly boundary of the subject property. In the
project area, it is designated as an "Arterial" in the General Plan, which will be built out to a
150-foot right-of-way (ROW) that includes 6 travel lanes (3 in each direction), a median, bike
lane, parkway, and utility corridor.
Portola is fully built out to the intersection of Dinah Shore Drive in the project vicinity. It
includes 3 travel lanes and a bike lane at its intersection with Gerald Ford Drive, but narrows to 2
travel lanes and a bike lane as it approaches Dinah Shore Drive. The road ends at Dinah Shore
Drive; a double left turn lane is provided for northbound to westbound traffic. No sidewalks or
other improvements are built along this northbound segment. Development of the Millennium
Palm Desert Specific Plan will include build out of the remaining improvements on the east side
of Portola Avenue.
The City plans to extend Portola Avenue along the western border of the project area, north of
the intersection of Dinah Shore Drive, and construct an interchange at Interstate-10. The
interchange would be located adjacent to the proposed project site. Environmental analysis for
the interchange is currently underway. Additional right-of-way may be required from the subject
property to facilitate build out of Portola Avenue to its ultimate cross section. It is anticipated
that approximately 3.5 acres along the western boundary of the project site will be required for
the interchange approach. This land will be set aside and dedicated by the City in conformance
with the Development Agreement and Land Swap.
Gerald Ford Drive
Gerald Ford Drive is adjacent to the southerly boundary of the subject property. In the project
vicinity, its General Plan designation is "Arterial," which can accommodate a 150-foot ROW,
including 6 travel lanes (3 in each direction), a median, bike lane, parkway, and utility corridor.
The road is currently improved to this cross section, with the exception of the parkway and
utility corridor adjacent to the subject property, which are not improved. Completion of these
improvements adjacent to the project will occur as part of the proposed project.
Technology Drive
Technology Drive forms the eastern boundary of the proposed project and is only partially built.
Near its intersection with Gerald Ford, it consists of 2 travel lanes (1 in each direction), a left
turn lane, and sidewalk on both sides. It narrows to 2 travel lanes (no turn lane) near the DMV
site, and ends in a temporary cul-de-sac approximately 200 feet further northwest.
10
The Millennium Palm Desert
Specific Plan
Technology Drive is designated as a "Secondary Street" in the General Plan (108-foot right-of-
way with 4 travel lanes). The entitlement process for this Specific Plan will remove Technology
Drive from the General Plan of Roads. The traffic study prepared in conjunction with this
Specific Plan found that Technology Drive, extending east of Portola Avenue, was no longer
necessary to maintain acceptable levels of service in the project area. As a result, Technology
Drive will be improved to a 72-foot ROW within the project site (please see Exhibit 4, Roadway
Cross Sections). This cross section is defined as a "Collector Street" in the General Plan and
includes 2 travel lanes (1 in each direction), a median or two-way left turn lane, on -street parking
or bike lane, and parkway.
Pacific Avenue
Pacific Avenue currently provides access to the future University Park Master Plan to the south
of the project area. As part of this Specific Plan, Pacific Avenue will become an extension of
Dinah Shore Drive, creating a connection to Gerald Ford Drive. It currently extends from Gerald
Ford Drive on the north to College Drive on the south, between Portola Avenue and Technology
Drive. It is designated as a Secondary Street in the General Plan, which requires a 108-foot right-
of-way and 4 travel lanes. The entitlement process for this Specific Plan will remove Pacific
Avenue from the General Plan of Roads. It will be improved to a 76-foot ROW within the
project site (please see Exhibit 4, Roadway Cross Sections). This cross section is defined as a
"Collector Street" in the General Plan and includes 2 travel lanes (1 in each direction), a median
or two-way left turn lane, on -street parking or bike lane, and parkway.
Project Access
In order to balance smooth circulation and project access, proposed access points have been
developed for each Planning Area. These access points are depicted in Exhibit 10. The exact
location of each access point shall be determined as individual project applications are submitted
to the City.
Public Transit
Sunline Transit Agency provides public bus service throughout the Coachella Valley. The
nearest bus route to the subject property is Line 53, which extends along Cook Street between
Gerald Ford Drive and Highway 11 1. It includes 2 bus stops (one on each side of the road) on
Gerald Ford Drive near its intersection with Cook Street, approximately 500 feet east of the
subject property. No bus stops or routes are adjacent to the subject property. SunLine will
determine whether bus stops adjacent to the property are added based on ridership and demand.
Mid -Valley Bike Plan
The City's Mid -Valley Bike Plan includes a bicycle path along the northern boundary of the
project, which will connect to Planning Area 9 and Portola Avenue. Final alignment and full
build out of the Mid -Valley Bike Plan will be part of the proposed project.
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The Millennium Palm Desert
Specific Plan
D. Utility Infrastructure
Water
Domestic water is supplied to the project area by the Coachella Valley Water District (CVWD),
which serves much of the Coachella Valley. CVWD's primary source of domestic water is
groundwater extracted from the Whitewater River Subbasin. Efforts to conserve and supplement
finite groundwater supplies include a groundwater recharge program using imported Colorado
River water, tertiary (three -stage) treated wastewater for golf course and greenway irrigation, and
recycled water for agricultural and other purposes in the lower valley.
Domestic water lines are in place beneath roads in the immediate project vicinity. Existing water
lines are shown on Exhibit 5 and include the following:
• Portola Avenue - 18-inch water line between Gerald Ford Drive and Dinah Shore Drive
• Gerald Ford Drive - 18-inch water line between Portola Avenue and Technology Drive
• Technology Drive - 18-inch water line between Gerald Ford Drive and the northerly
terminus of Technology Drive
A Water Supply Assessment was prepared and approved for this project. No major expansions of
the existing water distribution system are expected to be required by the proposed project.
Sewer
CVWD provides wastewater collection and treatment services to the project area. Existing sewer
lines in the project vicinity are shown on Exhibit 5 and include the following:
• Gerald Ford Drive — 12 to 18-inch sewer line between Portola Avenue and Technology
Drive
• Technology Drive — 12-inch sewer line between Gerald Ford Drive and Technology
Drive's northerly terminus
• Portola Avenue — 10-inch sewer line extending north from Dinah Shore Drive, and 12-
inch sewer line extending south from Gerald Ford Drive
Effluent from the project area is conveyed to CVWD's Wastewater Reclamation Plant No.10
(WRP-10) on Cook Street in Palm Desert. It treats approximately 11 million gallons per day
(mgd) of wastewater and has a design capacity of 18 million gallons per day. Approximately 60
percent of the effluent undergoes tertiary treatment for the purpose of golf course and greenbelt
irrigation, thereby reducing the demand for groundwater resources.
New development facilitated by this Specific Plan will connect to the existing network of sewer
lines. Increased demand from the project is not expected to require major infrastructure
expansions or adversely affect CVWD's ability to serve the area.
13
The Millennium Palm Desert
Specific Plan
Stormwater Management
The subject property is located outside of any flood hazard areas, as shown on the most recent
(2008) Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency
(FEMA).' It is located in Zone X, which represents areas determined to be outside the 0.2%
annual chance floodplain.
Regional Drainage
CVWD is responsible for regional stormwater management in the project area. Parcels
immediately north of the subject property were once included CVWD easements for the
proposed Mid -Valley Stormwater Project. However, the project was retired in January 2012, and
all easements were quitclaimed to the respective owners. CVWD has indicated that there are no
regional stormwater management concerns for the subject property or its immediate vicinity. The
property is not included in a CVWD drainage plan.
Local Drainage
The City of Palm Desert is responsible for local stormwater management in the project area. No
local drainage facilities are located on the project site. The City will require the project to retain
100 percent of the 100-year flood onsite. A hydrology study has been prepared for the proposed
project. The study plans for an integrated, master planned system of retention basins and pipes
that will utilize the existing stormwater channel along the northern edge of the property. The 10
year storm will be retained in on -site retention basins and in the stormwater channel. Retention
facilities in Planning Area 9 (park) will supplement these facilities and accommodate the 100
year storm.
' FIRM Map No. 06065C1615G, Federal Emergency Management Agency, effective August 28, 2008.
14
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The Millennium Palm Desert
Specific Plan
Electricity
Electricity in the project area is provided by Southern California Edison (SCE). SCE's power is
primarily generated outside the Coachella Valley; however, wind -generated power is purchased
from local producers. A variety of rebates are offered for the use of energy -efficient equipment
and appliances, such as electric heat pumps and water heaters.
The project area is well served by electric power. Overhead lines are located along the west side
of Portola Avenue and south side of the railroad tracks. Underground lines provide electricity to
existing development east of Technology Drive. Existing transmission lines will not be
undergrounded due to their size. Electric lines necessary to serve the project will be
undergrounded.
Nntnrnl (Inc
Natural gas is typically used for domestic hot water and space heating, as well as some industrial
processes. The Southern California Gas Company provides natural gas to the project area. The
General Plan indicates that medium pressure distribution lines, ranging from 38 to 42 psi, are
located within the right of way of Cook Street east of the subject property.
Telecommunications
Verizon provides telephone and data services, including internet, to the project area. Time
Warner provides cable television services through a franchise agreement with the City. Existing
facilities are available in the project area, and connections will be required at the time of
development.
Solid Waste
Burrtec Waste and Recycling Services provides solid waste collection and disposal services to
the project area through a franchise agreement with the City. Residential, commercial, industrial,
and construction waste is collected and transported to a transfer station in Cathedral City, then to
the Lamb Canyon or Badlands regional landfills. These landfills are owned and operated by
Riverside County and have available capacity to accommodate waste generated by future
development.
The City's recycling program has contributed to reductions in the need for landfills. Burrtec
collects recyclable materials, including those from construction sites and green waste, and hauls
them to Material Recovery Facilities (MRF) throughout southern California for sorting and
processing.
16
The Millennium Palm Desert
Specific Plan
III. LAND USE REGULATIONS
A. Land Use Plan
The Millennium Palm Desert Specific Plan area is divided into nine (9) Planning Areas, each of
which is designated for a specific land use. The land use plan is described below and illustrated
on Exhibit 6.
This section of the Specific Plan provides descriptions of the land uses allowable within each
planning area. It also includes descriptions of the zoning districts applicable to each Planning
Area, and allowable deviations in land use or development standards, if any.
Proposed General Plan and Zoning Designations
As part of the entitlement process for this Specific Plan, General Plan and Zoning designations
will be amended to reflect the land use plan for the project. The land use plan is consistent with
the Planning Areas proposed for the project. A total of 9 Planning Areas have been developed.
Their proposed General Plan and Zoning Designations are shown in Table 1, and in Exhibits 7
and 8. A General Plan Amendment and Zone Change will be processed for these changes.
Table 1
Proposed General Plan and Zoning Designations
Planning
Acres
Proposed General Plan
Proposed Zoning
Area
Designation
Designation
1
38
Medium Density Residential
Planned Residential — 6
2
3.2
Community Commercial
General Commercial/C-1
3
21.6
Regional Commercial
Planned Commercial — 3/
FCOZ
4
10
Business Park
Service Industrial
5
3.5
Community Commercial
Planned Commercial -2
6
12.3
Community Commercial
Planned Commercial -2
7
15
High Density Residential
Planned Residential - 22
8
10
High Density Residential
Planned Residential - 22
9
27
Open Space — Regional Park
Open Space
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t.and Use Allocation
The Millennium Palm Desert Specific Plan is designed to provide a broad range of land uses to
be developed in a coordinated, high quality environment. This Specific Plan can be developed
based on the following master land use allocation, as shown in Table 2.
Table 2
The Millennium Palm Desert
Land Use Allocation
Planning
Density/Lot
Density/Lot
Projected
Area
Land Use
Acres
Coverage Min.
Coverage Max.
Units/SF
Single Family
1
Residential
38
2/ac
6/ac.
228
2
General Commercial
3.2
18,000
No Max
35,000
3
Regional Commercial
21.6
25%
50%
235,000
4
Service Industrial
10
25%
No Max
110,000
Planned
5
Commercial/Hotel
3.5
25% or 175
50% or 250
hotel rooms
hotel rooms
37,000
6
Planned Commercial
12.3
25%
50%
134,000
7
Planned Residential
15
18/acre
22/acre
330
8
Planned Residential
10
18/acre
22/acre
220
9
Park
27
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N/A
Total Potential Residential Units
778
Total Potential Square Footage
551.000
B. Planning Areas
Planning Area 1 — Single Family Residential
Planning Area 1 will be developed as a master planned single family residential community. The
Planning Area has a minimum density of 2 units per acre, and a maximum density of 6 units per
acre. Single family attached and detached units are permitted in this Planning Area. Uses
permitted in the Planned Residential district of the City's Zoning Ordinance are permitted in this
Planning Area. Development of any project(s) in Planning Area 1 shall conform to the following
standards.
►�
The Millennium Palm Desert
Specific Plan
Table 3
Planning Area 1 Develonment Standards*
Maximum Overall Density
6 units/acre
Minimum Lot Size
3,800 s.f
Minimum Lot Width
50 ft.
Minimum Lot Depth
64 ft.
Front Yard Setback min
10 ft.**
Front Yard Setback, Garage min
15 ft.**
Single -Family Detached Side Yard Setback min
5 ft. each side
Cluster Units - Side Yard Setback (min)
3 ft. each side
Street Side Yard Setback
10 ft.
Rear Yard Setback (min)
10 ft.
Maximum Lot Coverage
50%
Maximum Height, 1 story
20 ft.
Maximum Height, 2 story
27 ft.
Maximum No. of Stories
2
Minimum Unit Size
1,000 s.f.
*Development standards not listed in this Table shall be consistent with the Zoning
Ordinance Development Standards for the Planned Residential district, Section
25.10.050.13.
**For clustered units, auto court units or similar product, the front yard setback on
drive aisles or alleys can be 3 feet.
Interior Roadways
Interior roadways within Planning Area 1 shall be 56 feet in width, and shall include a 36 foot
paved width, a 10 foot parkway/utility easement and on -street parking on both sides of the street.
Access to PlanningArea rea 2
Planning Area l shall provide pedestrian improvements, including sidewalks, lighting, and gate
to provide internal access between Planning Areas 1 and 2.
Slope and Grade
Planning Area 1 occurs in an area of the site which slopes from the southwestern corner of the
site, downward to the northeast. Grading for the single family homes will consider the
topographic contours of the site, and will use roadways and lot design to minimize slope within
individual lots. Exhibit 9 provides a cross-section of the grading proposed in Planning Area l to
accommodate the slope.
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The Millennium Palm Desert
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Planning Area 2 — General Commercial
Planning Area 2 will provide small scale retail and office commercial uses for the project site
and the immediate vicinity. The permitted and conditionally permitted land uses and
development standards of the C-1 (General Commercial) Zone shall apply to this Planning Area,
except as modified below under Section D. General Development Standards.
Planning Area 3,5 and 6 — Planned Commercial
Planning Areas 3, 5 and 6 provide for the broadest range of commercial uses within the
Millennium Palm Desert Specific Plan. Development within these Planning Areas will be subject
to the requirements of the Planned Commercial — 2 zoning district, except as modified in Table
4, and under Section D. General Development Standards.
Table 4
Planning Area 3, 5 and 6 Development Standards**
Minimum Lot Size
1 acre
Front Yard Setback (min)
0 ft.
Side Yard Setback min
0 ft.
Street Side Yard Setback
0 ft.
Rear Yard Setback min
0 ft.
Maximum Lot Coverage
50%
Maximum Height, Retail and Office***
35 ft.
Maximum Height, Hotel and Mixed Use***
50 ft.
Maximum No. of Stories, Retail and Office
3
Maximum No. of Stories, Hotel and Mixed Use
4
Maximum Building Size
100,000 s.f.
Minimum Landscaping (% of lot area)
15%
*Development standards not listed in this Table shall be consistent with the Zoning
Ordinance Development Standards for the Planned Commercial district, Section
25.16.050.
**Development Standards may be modified with approval of a Precise Plan.
*** Maximum height not including architectural projects and towers which may
exceed this standard.
' Maximum area for any single commercial enterprise
Planning Area 3 may also elect to implement the development standards and uses allowed in the
Freeway Commercial Overlay District, as provided in Section 25.28.070 of the Zoning
Ordinance.
Planning Areas 5 and 6 may also elect to implement the development standards and uses allowed
in the Mixed Use Overlay District as provided in Section 25.28.050 of the Zoning Ordinance, or
the Service Industrial standards, as provided in Section 25.16.030.
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The Millennium Palm Desert
Specific Plan
Planning Area 4 — Business Park
Planning Area 4 is expected to develop in a business park setting. The Planning Area will be
subject to the requirements of the Service Industrial district, except as modified below under
Section D. General Development Standards. Development Standards for Planning Area 4 may be i
modified with approval of a Precise Plan.
Planning Area 7 and 8 — Multifamily Residential
4
Planning Areas 7 and 8 are proposed for high density residential development. Apartment
development is expected on both Planning Areas. In the case of Planning Area 7, development
will be undertaken by private sector developers. In the case of Planning Area 8, it is expected
that the City will develop, or cause to be developed, an affordable housing project. Development I
within these Planning Areas will be subject to the requirements of the Planned Residential
zoning district, except as modified in Table 5, and under Section D. General Development I
Standards. I
Table 5
Planning Area 7 and 8 DevelOnment Standards*/**
Maximum Density
22 units/acre
Minimum Density
18 units/acre
Front Yard Setback min
10 ft.
Side Yard Setback min
8 ft.
Combined both sides min
16 ft.
Street Side Yard Setback
10 ft.
Rear Yard Setback min
10 ft.
Maximum Lot Coverage
50%
Maximum Height
40 ft.
Maximum No. of Stories
3
Common Area Open Space per unit
250 s.f.
*Development standards not listed in this Table shall be consistent with the Zoning
Ordinance Development Standards for the Planned Residential district, Section
25.10.050.
** Development Standards may be modified with approval of a Precise Plan.
Planning Area 9
Planning Area 9 is reserved for a City park site. The City will undertake master planning of the
Planning Area consistent with its standards for park facilities. Any and all sport field lighting
shall be consistent with Chapter 24.16 of the Zoning Ordinance. The City shall review all
lighting plans to ensure adverse impacts associated with lighting of sport fields are minimized.
25
1
The Millennium Palm Desert
Specific Plan
C. Internal Access
The proposed project will require access from public streets. As shown in Exhibit 10, access on
Gerald Ford Drive will be limited. Primary access points will occur on Technology Way and
Dinah Shore Drive. The exact location of access to each Planning Area will be determined as
precise development plans are developed and submitted to the City for consideration.
26
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The Millennium Palm Desert
Specific Plan
D. General Development Standards
1. The Project shall be developed in accordance with the City's Zoning Ordinance, except as
otherwise provided in this Specific Plan.
2. All improvements constructed on the property shall conform to applicable building
ordinances and codes in effect at the time construction occurs.
3. Where the provisions of this Specific Plan conflict with land use or building ordinances,
regulations, and/or codes, the provisions of this Specific Plan shall control.
4. The exact location and configuration of Specific Plan Planning Areas may be altered as
Precise Plans and Tentative Tract and Parcel Maps are developed, subject to the approval of
the Community Development Director and Planning Commission.
5. Tentative Tract Maps, Parcel Maps, and Precise Plans may be submitted and approved by the
City, consistent with the provisions and intent of this Specific Plan.
6. All utility, roadway, and other improvements required to adequately serve each phase of the
Project shall be constructed in conjunction with such phase, or as required in the
Development Agreement.
7. Shared parking is encouraged throughout the Millennium Palm Desert Specific Plan. The
number of required parking spaces may be reduced where it is demonstrated that parking
efficiencies will result from shared land uses, subject to Planning Commission approval.
Shared parking can occur within individual Planning Areas, or across Planning Area
boundaries.
8. Joint use parking shall not exceed 50 percent of the required spaces of any uses involved. A
recorded covenant, acceptable to the city attorney, shall be required to facilitate joint use.
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The Millennium Palm Desert
Specific Plan
1
IV. DESIGN GUIDELINES
A. Purpose
This section establishes design guidelines for the Specific Plan area that supplement those set
forth in the Palm Desert Zoning Ordinance. They provide a flexible set of fundamental principles
that will assure a cohesive, attractive, and quality working and living environments. Where
conflicts or inconsistencies may exist, the guidelines of this Specific Plan shall control. The
guidelines shall apply to all Planning Areas in the Specific Plan boundaries, unless otherwise
specified.
B. Site Planning
1. All built elements of the Specific Plan area should be developed in a cohesive and integrated
manner such that they function as and are recognizable as a single destination. This includes
consideration of structures, hardscape, and landscaping that visually tie these elements
together in an effective and pleasing manner.
2. Projects developed within the Specific Plan should incorporate elements of the City's
Sustainability Plan to the greatest extent practical.
3. Each phase of development must be self-sustaining in terms of scale, access, and amenities.
4. Whenever possible, structures should be clustered to create landscape -enhanced plazas or
pedestrian ways and public spaces. Long, "barracks -like" rows must be avoided. When
clustering is impossible, visual links such as arcades and trellises should be encouraged
between separate structures.
5. Commercial buildings should generally be arranged in a "U," "L." or similarly shaped
configurations to encourage pedestrian activity, provide isolation of loading and other
operation areas, allow visibility of entrances from the street, and encourage shared pedestrian
and vehicular linkages between properties. Pedestrian improvements and amenities shall be
provided throughout the Specific Plan area to further integrate adjoining Planning Areas and
create a sense of place.
6. Loading docks, trash enclosures, and other service facilities should be located at the rear of
the site whenever possible and recessed and/or properly screened from view.
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The Millennium Palm Desert
Specific Plan
C. Access & Circulation
Roads and Access Drives
1. Internal circulation should minimize pedestrian/vehicle conflicts to the greatest extent
possible. Structures should be linked to public sidewalks with textured or enhanced paving,
landscaping, or similar treatments.
Parkins;
1. Parking facilities should be conveniently located, with street access made as direct as
possible.
2. Wherever possible, parking areas should be visible from the residential units that use them.
3. Residential parking spaces not located within garages or carports should be shaded by
landscaping with effective summer shade of a minimum of 50%.
4. Detached and attached garages, carports, and accessory structures should be designed as
integral parts of the project and consistent with the principal structures of the project in their
use of materials, color, and design details.
5. The preferred location for garages and carports is on the interior side of parking areas.
6. Prefabricated carports are not permitted.
7. Garage doors should be steel or aluminum and may include wood cladding or metal to
enhance architectural compatibility. Hinge -type garage doors are prohibited.
Pedestrian Acce
1. Pedestrian, bicycle and NEV access and circulation should connect planning areas to
encourage non -vehicular travel. Non -vehicular access must be integrated into project site
plans, occur on dedicated paths that protect pedestrians and bicyclists from automobiles, and
provide shaded areas and amenities for their users.
Pedestrian connections must be provided between Planning Area I and 2; Planning Area 3, 4
and 9; Planning Area 8 and 9; and Planning Area 5, 6 and 7. These pedestrian connections
must be dedicated to pedestrian and bicycle access only, and cannot be located within
roadways or internal driveways. Sidewalks on internal streets should not be the only form of
pedestrian access provided, but should be supplemented by internal walkways, trails or paths.
The City shall review each proposed project within this Specific Plan to assure connectivity
between these Planning Areas.
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The Millennium Palm Desert 1
Specific Plan
1
2. To the extent possible, the entrances to individual residential units should be plainly visible 1
from nearby parking areas.
3. Individual outdoor walkways, corridors, or access balconies should be designed to serve no
more than five residential units.
4. In the event that a building is located in close proximity to a street, and parking is provided at
the rear or side of the lot, clearly delineated secondary pedestrian access convenient to
parking areas should be provided to the greatest extent practical.
D. Architectural Elements
1. Architectural development plans will be reviewed for their focus on high -quality, attractive
design and compatibility with the intended objectives of this Specific Plan, as well as
existing and proposed development in the project vicinity. Designs should be harmonious
with regard to building style, form, size, color, material, and roofline.
2. Architectural designs should incorporate energy efficient materials and construction
techniques, and strive to exceed existing Building Code requirements.
3. Individual buildings should be distinguishable from one another, while also being viewed as
integral parts of the larger building design.
4. Large buildings should provide architectural interest through variations in building mass and
distribution.
5. Long, unbroken facades and unarticulated box -like forms should be avoided. Building
facades should be tied together through a unified and cohesive design. Building setbacks and
projections and varying rooflines can provide visual interest while maintaining function.
6. Balconies, porches, and patios should be integrated into single and multi -family development
to break up large wall masses, offset floor setbacks, and add human scale to structures.
7. Building design should be sensitive and responsive to the varying temperatures and outdoor
living opportunities of the low desert.
8. Buildings should provide a 360' articulation of all building facades.
9. Entryways on commercial buildings should be clearly identifiable to pedestrian and vehicular
traffic, and should be integral parts of building design. Entryways should provide safe and
unobstructed pedestrian access.
10. Monument signs will be located at project area intersections, and will serve as the primary
directional signage for the project. Monument signs will be designed to be integral to the
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The Millennium Palm Desert
Specific Plan
architectural style of the project, and will be consistent with the City's 'Zoning Ordinance
standards.
E. Landscaping
1. Landscape treatments should maximize the use of native desert and compatible drought -
tolerant plant materials. Species must comply with City and CV WD water conservation
ordinance requirements.
2. Landscape plans must address wind and water erosion issues and demonstrate the water
efficiency gained from plant and irrigation systems.
3. All areas not covered by structures, drives, parking or hardscape should be appropriately
landscaped.
4. The use of turf should be limited to functional play and active use areas.
5. Landscaping should provide shade where needed, including within parking areas, bus
shelters, park seating areas, and pedestrian paths/trails.
6. Where appropriate, organic and inorganic groundcovers are recommended in place of asphalt
or concrete.
F. Walls and Fences
1. Walls and fences should be an integral part of site design, especially in areas of public
visibility. Careful consideration must be given to their placement so as to assure a natural
transition between land uses.
2. Windbreak walls, berms, and fences may be constructed in areas that warrant protection from
prevailing winds.
G. Open Space
1. Common open space should be conveniently located for the majority of units.
2. Private open spaces should be contiguous to the units they serve and at least partially
screened from view.
3. Open space areas should be designed and oriented to take advantage of available sunlight and
sheltered from wind, traffic, and noise to the greatest extent practical.
4. Adequate and safe pedestrian and non -motorized access to open spaces should be provided.
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The Millennium Palm Desert
Specific Plan
1
5. Outdoor areas associated with commercial and multi -family developments should provide
attractive spaces that are carefully planned and not simply leftover areas between structures.
Pedestrian amenities, such as tables, benches, fountains, and shade structures, should be
provided.
H. Lighting
1. Exterior lighting fixtures should provide safety and convenience, and should be integral
design elements of the project.
2. All outdoor lights should be screened and shielded to avoid spilling onto adjoining properties
and streets, and must comply with the City's Outdoor Lighting requirements.
1. Accessory Facilities
1. Trash storage, transfer, and disposal facilities should be located in parking areas or at the end
of parking bays. Locations should be conveniently accessible for both trash collection and
maintenance and should not block access drives during loading operations.
2. Trash facilities should be enclosed in accordance with applicable City standards and the
minimum requirements of the disposal service provider. Pedestrian access should be
provided to the rear or side of the enclosure.
3. Accessory facilities in multifamily projects, such as laundry facilities, recreation buildings,
and pool cabanas should be as centrally located within the development and consistent in
architectural design and form with the rest of the complex. Sales and leasing offices also
should be compatible with these guidelines.
4. Where common mailboxes are provided, their location should be carefully considered so as
to provide adequate vehicular and pedestrian access and vehicular stacking. Design and
architectural character should be compatible and complementary in form, materials, and
colors to the surrounding buildings, as well as minimum U.S. Postal Service specifications.
5. Any roof -mounted equipment is to be located within an attic space or fully screened by an
architecturally appropriate parapet wall. All HVAC and similar equipment must be visually
and acoustically screened. The screening method must be functionally and architecturally
compatible with the building design in terms of materials, color, shape, and size.
33
I
1
1
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The Millennium Palm Desert
Specific Plan
V. PHASING AND FINANCING
The Millennium Palm Desert project will be developed in phases. The first phase is anticipated
to consist of Planning Area 1. This single family parcel is expected to be constructed
immediately following adoption of this Specific Plan. Concurrent with the development of
Planning Area 1 will be infrastructure improvements necessary for its development, as provided
in the Development Agreement for the Millennium Palm Desert project.
Future development beyond Planning Area 1 will be subject to market demand, and the
provisions of the Development Agreement.
As described in this document, infrastructure currently exists immediately adjacent to the project
site. Connections to this existing infrastructure will be made as planning areas develop, including
water, sanitary sewer and all dry utilities. Storm drainage will be developed consistent with the
approved hydrology study and the terms of the Development Agreement.
The project financing will generally be private, except as provided for in the Development
Agreement. As with any project, a variety of financing mechanisms are available to both the
owners and the City to fund specific project or infrastructure needs. These mechanisms may be
employed by the owners as needed throughout the construction of the project.
VI. PROCEDURES
Amendment of the Specific Plan
This Specific Plan may be amended by application for a proposed amendment by the land
owner(s) of the affected parcel(s) within the Specific Plan area, and approved by the City based
on the following criteria:
Amendments Subject to Director's Approval
The following amendments shall be subject to administrative review and approval by the
Director of Community Development:
■ Minor changes in this Specific Plan that provide supplemental detail consistent with the
existing content of the Specific Plan.
■ Minor changes in Planning Area boundaries that increases or decreases any Planning
Area acreage by 15% or less.
■ Minor changes in overall density or lot coverage that increase total land use allocation by
10% or less.
■ Reconfiguration of Planning Areas consistent with Section DA.
34
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The Millennium Palm Desert
Specific Plan
t
Amendments Subject to City Council Approval
The following amendments shall be subject to review and approval by the City Council, upon t
recommendation by the Planning Commission:
i
■ Any change in land use designation applicable to a Planning Area.
■ Major changes in the Specific Plan that affect the purpose and intent of this document. ,
■ Major changes in Planning Area boundaries that increase or decrease any Planning Area
acreage by 15.1 % or more.
■ Major changes in overall density or lot coverage that increase total land use allocation by
10.1 % or more.
Concurrent Applications
Whenever possible, applications for development approvals shall be processed concurrently.
when multiple applications are required. For example, if a commercial project within a Planning
Area requires a Parcel Map, Precise Plan and Conditional Use Permit, every effort shall be made
to process all three applications concurrently.
Precise Plans
Precise Plans will be required for most projects within this Specific Plan. Precise Plans shall be
submitted to and approved by the Planning Commission. Precise Plans may cover portions of a
Planning Area, an entire Planning Area, or multiple Planning Areas. Partial development of a
Planning Area shall not inhibit the overall development of the subject Planning Area or other
Specific Plan Planning Areas.
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The Millennium Palm Desert
Specific Plan
VII. CONSISTENCY WITH THE GENERAL PLAN
As required by Government Code Section 65451, this section of the Specific Plan addresses the
relationship of the Millennium Palm Desert Specific Plan to the City of Palm Desert General
Plan. The Goals, Policies and Programs of the General Plan have been reviewed, and where
applicable, have been analyzed individually for each Element. In the analysis below, the
applicable Goal, Policy and/or Program is first cited, followed by an analysis of this Specific
Plan's consistency.
Air Quality Element
Policy 2
All development proposals brought to the City shall be reviewed for potential adverse effects on
air quality and shall be required to mitigate any potentially significant impacts.
Program 2.A
The City shall conduct an initial study and, as appropriate, require detailed air quality analyses
for all applications which have the potential to adversely affect air quality.
Responsible Agency: Community Development Department
Schedule: Continuous
Policy-2, Prqgram 2.A: The proposed project has undergone air quality analysis and a Health
Risk Assessment as part of the CEQA Initial study process to determine potential adverse effects
on air quality. The Initial Study sees forth required mitigation measures and best management
practices to ensure that impacts related to air quality are reduced to less than significant levels.
Program 2.1)
Where practical, particularly in major project planning, the City shall encourage the development
of buffer zones between sensitive receptors and point source emitters such as highways and
industrial sources.
Responsible Agency: Community Development Department
Schedule: Continuous
Program 2.D: The proposed project includes both residential and a City park land uses. These
land uses are considered 'sensitive receptors " because future occupants are more susceptible to
the adverse effects of exposure to toxic pollutants generated from the Interstate-10 and the Union
Pacific Railroad All proposed residential planning areas will be located on the southernmost
portion of the site, which is the furthest point from Interstate-10 and the Union Pacific Railroad.
In addition, there is a I00 foot buffer between the project boundary and the major roadway and
36
The Millennium Palm Desert
Specific Plan
railroad. The Initial Study prepared for the project also includes mitigation measures to reduce
impacts to sensitive receptors to less than significant levels.
Program 3.B
Provide consistent and effective code enforcement of construction, grading and demolition
activities, on -going land uses, and off -road vehicle use to assure that the generation of blowing
sand, fugitive dust, smoke and other particulate emissions are eliminated or minimized.
Responsible Agency: Building & Safety Department
Schedule: Continuous
Program 3.0
Continue to implement and enforce the Fugitive Dust Control Ordinance to reduce PM 10
emissions to the greatest extent practical.
Responsible Agency: Community Development Department, Building & Safety Department
Schedule: Continuous
t
Program 3.B and 3.C: A fugitive dust plan consistent with SCAQMD Rule 403, in addition to �
best management practices, will be required for all stages of construction as set forth in the air
quality mitigation and monitoring section of the Initial .Study prepared .for this project. In
regards to operational emissions, the project encourages mixed -use development that will result
in a higher internal capture rate (traffic) and reduce the number of vehicle trips and vehicle
miles traveled, thus reducing. fugitive dust emissions.
Program 3.D e
Continue to provide an effective street sweeping program that combats the cumulative impacts of t
blowsand, transportation -related dust generation, and nuisance dust that result from natural
windstorm events.
Responsible Agency: Public Works Department, Sunline Transit Agency
Schedule: Continuous
Program 3.D: The proposed project does not interfere with street sweeping programs.
Development within the project will be placed on the City's street sweeping schedule.
Policy 4
The City shall promote the appropriate and cost-effective development and coordination of mass
transit/shuttle service linking residential, shopping, resort and commercial centers of the City,
and shall participate with CVAG, SCAG, Sunline Transit Agency and other public and private
service providers to improve and optimize regional transportation services.
Policy 5
The General Plan Circulation Element shall create and maintain a diversified transportation
system that maximizes system efficiencies, minimizes vehicle miles traveled, and reduces the
impact of motor vehicles on local air quality.
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The Millennium Palm Desert
Specific Plan
Program 5.A
The City shall continue to promote the development and use of pedestrian -oriented retail centers,
as well as community -wide multi -use trails, dedicated bike lanes, golf cart paths, and other
desirable alternatives to motor vehicle traffic. These components shall be integrated and
periodically updated in the General Plan Circulation Element.
Responsible Agency: Community Development Department, Public Works Department
Schedule: Continuous
Program 5.B
Consult and coordinate with CVAG and member jurisdictions to implement an integrated,
multiple use trail network that safely and efficiently connects major residential, commercial and
recreational centers in the Coachella Valley and also provides an adequate system of Electric
Vehicle Charging Stations. This network shall provide opportunities for pedestrian, bicycle and
golf cart uses.
Responsible Agency: Community Development Department, CVAG and Member Jurisdictions,
Sunline Transit Agency
Schedule: 2004-05
Policy 4, Policy 5, Program S.A and S.B: The proposed project is a large mixed -use development
that includes residential, business park, commercial, and City park land uses with the potential
for a hotel. The project design increases density, improves walkability and the pedestrian
network, and encourages transit use and NEV participation. In addition, the project will
encourage ride sharing programs and increase transit frequency to reduce the number of
passenger vehicle trips. Other design features that promote alternative modes of transportation
include improved project destination accessibility and adjacency to public transportation.
Policy 6
The City shall encourage the use of clean alternative energy sources for transportation, heating
and cooling, to the greatest extent practical.
Program 6.13
The City shall encourage the incorporation of energy -efficient design measures into site plans,
including appropriate site orientation to assure solar access, and the use of shade and windbreak
trees, to enhance the use of alternative energy systems and to reduce the need for excessive
heating and cooling.
Responsible Agency: Community Development Department
Schedule: Continuous
Program 6.B: All development within the proposed project will be built to Title 24 Building
Code, apply water conservation strategies, enforce turf reduction measures and drought tolerant
landscaping, and use high efficiency lighting and appliances where applicable.
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The Millennium Palm Desert
Specific Plan
Archeological and Cultural Resources Element
Program 1.A
Development or land use proposals, which have the potential to disturb or destroy sensitive
cultural resources, shall be evaluated by a qualified professional and, if necessary,
comprehensive Phase I studies and appropriate mitigation measures shall be incorporated into
project approvals.
Responsible Agency: Community Development Department. Native American Tribes
Schedule: Immediate; continuous
Program LA: The proposed project has undergone culture, historical, archeological, and
paleontological review as part of the CEQA Initial .Study process. The project would not disturb
or impact sensitive cultural resources and mitigation measures are not required
Biological Resources Element
Goal 1
Protection and preservation of City, planning area and regional biological resources, especially
sensitive, rare, threatened or endangered species of plants and wildlife and their habitats.
Policy 2
The City shall proactively monitor the conversion of open lands to urban uses by reviewing all
development proposals on vacant land to determine their potential to adversely impact sensitive
plants, animals and habitats, and to assure minimal impacts on habitats and wildlife
Program 2.A
As part of the development review process, the City shall conduct a thorough assessment of
impacts to habitat and/or wildlife occurring on or in the vicinity, and shall, where warranted,
require the preparation of detailed biological resource surveys and mitigation programs.
Responsible Agency: Community Development Department
Schedule: Continuous
Program 3.B
The City shall continue to participate and be a pro -active partner in the development and
implementation of the Coachella Valley Multiple Species Habitat Conservation Plan with a
particular focus on habitat located in the blowsand corridor and the Santa Rosa and Little San
Bernardino Mountains.
Responsible Agency: Community Development Department, CVAG
Schedule: Continuous
Program 3.0
In advance of the adoption of the Coachella Valley Multiple Species Habitat Conservation Plan,
the City shall participate in the interim project review process established by CVAG, as
39
The Millennium Palm Desert
St)ecific Plan
necessary, to evaluate the potential effect of development proposals on regional biological
resources.
Responsible Agency: Community Development Department, CVAG
Schedule: Continuous
Goal 1, Policy 2, Program 2.A, 3.B and 3.C: The proposed project has undergone a Biological
Resources Assessment as part of the CEQA Initial Study process. The project is not located in a
conservation area as delineated by the Coachella Valley Multiple Species Habitat Conservation
Plan, however the project is located within the general boundaries of'the Conservation Plan.
Results of the Assessment find that all impacts related to biological resources can be mitigated to
less than significant levels through payment of the Coachella Valley Multiple .Species Habitat
Conservation Plan mitigation fee and adherence to the Migratory Bird Treaty Act.
Program 4.13
Integral with efforts to facilitate preservation and incorporation of native vegetation in new
development, the City shall prepare and maintain a comprehensive list of plant materials, which
shall include native and non-native, drought tolerant trees, shrubs and groundcover that
complement the local environment, provide habitat for local wildlife, and extend the desert
environs into the built environment. A list of prohibited plant materials shall also be prepared.
Responsible Agency: Public Works Department, The Living Desert
Schedule: 2004; Continuous
Program t.B: Landscaping Throughout the project site will adhere to the Coachella Valley Water
District Landscaping and Irrigation Design Criteria and City's Conservation Strategies, which
promotes the use of a drought tolerant plant palate, turf reduction measures, and high efficiency
irrigation methods.
Circulation Element
Policy 5
To relieve congestion, preserve roadway capacity, and enhance transportation opportunities, the
City shall encourage expansion of ridership, regular updating of the service area, and the use of
advanced systems, fuels and technologies in the public transit systems operated by the SunLine
Transit Agency within the City.
Schedule: Ongoing
Program 5.A
The City shall continue to pro -actively promote the mass transit system expansion and
innovation through ongoing consultation and coordination with the SunLine Transit Agency and
CVAG, and shall assure vocal representation on the Agency Board and its decision making
process.
Responsible Agency: City Council, Community Development Department, SunLine Transit
Agency, CVAG
Schedule: Continuous.
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The Millennium Palm Desert
Specific Plan
Program 5.B
The City shall regularly consult and coordinate with the SunLine Transit Agency in the course of
reviewing development proposals, and shall solicit comments and suggestions on how bus stops
and other public transit facilities and design concepts, including enhanced lighting, security and
handicapped access, should be integrated into project designs.
Responsible Agency: City Council, Community Development Department, SunLine Transit
Agency. CVAG
Schedule: Continuous.
Polite Program 5.A, Priam S_B: The nearest bus route to the subject property is Line 53,
which extends along Cook .Street between Gerald Ford Drive and Highway I H. It includes 2 bus
stops (one on each side of the road) on herald Ford Drive near its intersection with Cook Street,
approximately 500 feet east of the subject property. No bus stops or routes are currently
adiacent to the subject property, because the property is vacant. Route 53 will be expanded to
the project site as development occurs. SunLine Transit will be involved in the expansion of
transit services to the proposed project area.
Policy 6
The City shall apply principles of integrated land use planning to enhance local land use
interactions and synergies, and as a means of reducing traffic associated with work -related out -
migration. In this regard, City land use plans shall take into consideration and, to the greatest
extent practical, make every reasonable effort to enhance the City's jobs/housing balance.
Program 6.A
The City shall make a conscientious effort to encourage planning that locates jobs and
commensurate housing opportunities near each other to produce shorter work commutes,
increase housing for those employed in the City; encourage mixed -use development with a
residential component contiguous with or near to employment centers.
Responsible Agency: Community Development Department. Redevelopment Agency, Chamber
of Commerce
Schedule: Continuous.
Program 6.13
The City shall encourage land use planning that integrates the assemblage of land uses, optimizes
nearby interactions, reduces the need for travel outside the neighborhood, and shortens trips to
work, shopping, public services and public park facilities.
Responsible Agency: Community Development Department, Redevelopment Agency, Chamber
of Commerce
Schedule: Continuous.
Policy 8
The City shall continue its efforts to develop and facilitate the use of continuous and convenient
bicycle routes and multi -use trails to places of employment, recreation, shopping, schools, and
other high activity areas with potential for increased bicycle, golf cart and other non -vehicular
use.
41
The Millennium Palm Desert
Specific Plan
Program 8.A
In order to facilitate alternative modes of transportation, the City shall prepare and adopt a
master plan of bicycle -ways and multi -use trails, and shall develop or require the development of
secure bicycle and golf cart storage facilities, and other support facilities which increase bicycle
and golf cart use.
Responsible Agency: Community Development Departments, Public Works Department
Schedule: 2004-05; Continuous.
Program 8.0
Facilitate pedestrian and other non -motorized access in the University Park planning area,
specifically between the California State University campus and lands west of Cook Street,
including residential and commercial lands and the future municipal golf course. If feasible, the
City shall affect the construction of a bridge, tunnel or other appropriate access that limits
disruption to traffic flows on Cook Street.
Responsible Agency: Community Development Departments, Public Works Department
Schedule: As determined appropriate.
Program 8.13
To facilitate pedestrian access, the City shall make every practical effort to provide sidewalks on
both sides of all arterial and collector streets. Local streets shall be designed with a minimum of
a sidewalk on one side of the street.
Responsible Agency: Community Development Departments, Public Works Department
Schedule: Continuous.
Policy 6, Program 6.A, Program 6.B, Policy 8, Program 8.A-C.': The proposed project is a
mixed -use development that encourages the use oj*alternative means of transportation including
transit, NEV use, biking, and walking through site design and increased accessibility.
Pedestrian, bicycle and NEV access and circulation should connect planning areas to encourage
non -vehicular travel. Non -vehicular access must be integrated into project site plans, occur on
dedicated paths that protect pedestrians and bicyclists.from automobiles, and provide shaded
areas and amenities for their users.
The mixed -use site design also encourages live/work opportunities. The project has the potential
to place 778 housing units in proximity to approximately 550,000 .square feet of commercial and
business park space. The multi -modal transportation design of the project encourages residents
who live within the project to find local job opportunities.
In addition, The City's Mid -Valley Bike Plan includes a bicycle path along the northern
boundary of the project, which will connect to Planning Area 9 and Portola Avenue. Final
alignment and full build out of the bicycle path will be part of the proposed project.
Policy 14
The Circulation Element shall be coordinated with the Community Design Element and the
Development Code to identify and establish appropriate design and development controls for
land uses along scenic roadways.
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The Millennium Palm Desert
Specific Plan
Program 14.A
Scenic roadways and corridors shall be identified and special set back requirements and
landscape standards shall be established for streets including but not limited to: US Interstate-10,
Monterey Avenue and Highway 74, Cook Street, Portola Avenue, Fred Waring Drive,
Washington Street, Frank Sinatra Drive, Gerald Ford Drive, Country Club Drive, Highway i l l
or other roadways deemed appropriate.
Responsible Agency: Community Development Department, City Engineer.
Schedule: 2004; Continuous
Policy 14, Program 14.A: Lands to the west and southwest occur at a higher elevation than the
proposed project, across Portola Avenue. As a result, view corridors for scenic vistas will not be
impacted for the residential units west and southwest of the proposed project. The project will
include landscaped parkways, medians and monumentation that will create an aesthetically
pleasing environment within and adjacent to the Specific Plan area.
Community Design Element
Goal 1
A high quality of life provided within a livable, sustainable and balanced community with a
distinct character consistent with the City's status as a premier resort community and important
commercial center.
Goal 2
An aesthetically pleasing community appearance achieved on all levels, which preserves and
enhances the City's resort identity, community image and natural setting.
Goal 3
Standards of community design, architecture, and landscaping that enhance land use and
development efficiencies and are integrated with the City's desert setting and natural scenic
resources.
Policy 1
Promote and maintain a land use pattern in the City and planning area that efficiently distributes
homes, employment centers, parks, schools and other institutions, shopping and services.
Policy 2
Promote and maintain a logical and efficient hierarchy of streets that are part of a connected
network, that disperses traffic by providing a variety of pedestrian and vehicular routes to any
destination.
Goal 1, Policy 1, Policy 2 The proposed project promotes mixed -use development patterns that
integrate residential, commercial, business park and City park land uses. The project also
encourages multimodal forms of'transportation, including walking, biking, and NEV use. Mixed-
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The Millennium Palm Desert
Specific Plan
use developments physically and functionally integrate the various land use types creating a
strong sense of place, making it a desirable location for residents and business owners. Mixed -
use developments also provide sustainability benefits such as reduced trip generation/VMTs
(traffic) and increased transit/multimodal transportation use, -which promotes environmental
health.
Policy 4
Equally apply City community design standards to all private and public sector development
projects to assure protection of the community's scenic viewsheds, provide community cohesion
and enhance the image of the City as a premier resort community.
Program 4.A
The City Zoning Ordinance and other regulatory documents shall be amended and maintained to
assure clear and concise development and design standards and guidelines within which both
public and private development project must conform.
Responsible Agency: Planning Department, Planning Commission; City Council
Schedule: Continuous
Policy 5
New development proposals shall be reviewed by City staff to assure compliance with applicable
neighborhood plans and to evaluate proposed design features, such as entry statements,
recreational facilities, neighborhood parks and schools, and landscaping along public rights -of -
way.
Policy 6
Specific Plans shall continue to be used to establish area -specific land use and development
standards and guidelines that address community design goals for these areas.
Program 6.A
The City shall continue to implement the adopted Specific Plan and, as appropriate, prepare new
plans, and shall review development proposals within the planning area for compliance with plan
land use, development and design standards and guidelines.
Responsible Agency: Planning Department, Redevelopment Agency, Planning Commission;
City Council
Schedule: Continuous
Polig) 4 Program 4A. Policy S, Policy 6,_ Program 6.A: This .Specific Plan includes
development standards and guidelines that complement those of the City to ensure integration of
community design that is cohesive with surrounding land uses and the desert environment. This
will include design standards for residential, commercial, business/industrial, park, and hotel
land uses, implementation oJ'a drought tolerant landscaping plan, and design of high quality
buildings and other structures.
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The Millennium Palm Desert
Specific Plan
Policy 8
Areas of special interest, including entry points, scenic roadway viewsheds and community
landmarks shall receive appropriate treatment whether part of public or private development
proposals.
Program 8.A
The City shall require the submittal of detailed site and circulation plans, landscape, architectural
and special signage designs, and other features to assure compliance with community design
standards and compatibility with the natural and built environments.
Responsible Agency: Planning Department, Public Works Department, Planning Commission,
City Council
Schedule: Ongoing
Policy 9
Site -sensitive architectural designs and native desert landscape materials shall be incorporated
into all public and private building projects to complement and enhance the connection between
the natural and built environments.
Policy 10
Commercial, institutional and industrial development projects shall contribute positively to the
design objectives of the community and the specific district or corridor design standards and
guidelines in which they are located.
Program 10.A
The City shall review all commercial, institutional and industrial development to assure
accommodation of pedestrian -oriented circulation, safe and convenient ingress and egress,
screening of outdoor storage/loading and other unsightly areas, lighting, signage, and the
planting of landscaping to provide an effect of permanency in the near -term.
Responsible Agency: Planning Department
Schedule: Continuous
Policy 8, Program 8.A, Policy 9, Policy 10, Program 10.A: The site design for the project
encourages pedestrian oriented circulation and internal vehicle circulation to connect the
residential land uses to the commercial and business/industrial land uses. The site will be
designed to include high quality standards to ensure proper site and architectural design that
promote safety and an attractive environment. This also includes the use of drought tolerant
landscaping and design that complements the desert environment.
Policy 11
Community and neighborhood activity centers shall be established at appropriate locations to
create recreational opportunities, encourage social interaction and provide a sense of public
space and center for neighborhood activity.
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The Millennium Palm Desert
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Program I LB
The City shall review development proposals for opportunities to integrate parks, plazas, squares
and other open space areas that allow and facilitate public use and social interaction.
Responsible Agency: Planning Department, Planning Commission, City Council
Schedule: Continuous
Policy 11, Program 11.B; The project includes a 27-acre park that will provide community -wide
recreational and open space amenities to facilitate public use and social interactions for
residents of the project area and beyond. In addition to the park, the residential planning areas
will incorporate private recreational amenities for their residents, to encourage park use within
the residential environment. Finally, the Specific Plan encourages the development of
commercial centers that include public gathering spaces and pedestrian and bicycle connections,
both within and between planning areas.
Economic and Fiscal Element
Goal 1
A healthy, balanced economy that preserves and strengthens the three legs of the City's
economy, including commercial retail, resorts and tourism, and education and culture.
Goal 2
A diverse economy that provides a wide range of employment opportunities and public services
and facilities, while maintaining high standards of development, environmental protection and an
enhanced quality of life.
Goal 3
An appropriate mix of commercial, tourist and other revenue generating land uses with long-term
viability and ability to continue to fund a high level of community and economic development
activities in the City.
Policy 1
The City's land use plan shall provide a thoughtful, balanced and synergistic mix of residential,
commercial, resort and tourist, R & D industrial and institutional development, and
recreational/open space amenities that maintain and enhance the City's core economic assets.
Program LA
The City shall routinely monitor the remaining capacity of vacant and under-utilized lands, and
assess lands within each General Plan land use category to assure that an appropriate variety of
economic development opportunities are available to the private sector.
Responsible Agency: Community Development Department, Finance Department, City Council
Schedule: Continuous: Every Five Years
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The Millennium Palm Desert
Saecific Plan
Program 1.13
All proposals for new development or redevelopment shall be evaluated to assure that these uses
complement, support and are compatible with the City's core economic assets.
Responsible Agency: Community Development Department, Finance Department, City Council
Schedule: Continuous
Policy 2
Where appropriate, the City shall consider the job creation aspects of development proposals and
may require the preparation of socio-economic and fiscal impact analyses to determine whether
and to what extent such development may complement or adversely impact the local economy.
Program 2.A
The City shall provide an outline and description of methodology for the preparation of
employment creation and socio-economic impact analyses as they relate to individual projects.
Said outline and methodology shall be provided to project proponents, as determined
appropriate.
Responsible Agency: Community Development Department, Finance Department, City Council
Schedule: Continuous
Policy 3
Development and redevelopment proposals shall be assessed for their potential to adversely
impact the natural environmental and aesthetic values of the City or the quality of the resort and
tourism experience.
Program 3.A
The City shall carefully assess each development proposal, whether on raw or previously
development lands, to characterize and measure the potential adverse impacts of such
development on the City's core natural assets, and to the quality of the resort and tourism
experience.
Responsible Agency: Community Development Department, Finance Department, City Council
Schedule: Continuous
Policy 4
Encourage the development of revenue -enhancing commercial businesses that complement the
City's resort/tourism base and also consistent with the general service needs of the community.
Policy 10
Assure the provision of sufficient utilities, roadway infrastructure, and capital facilities to
support existing economic development and attract new resort, commercial, education and R &
D industrial businesses to the City.
Program 10.A
All development interests shall be responsible for their fair share of on- and off -site
improvements required to support the developed site. Improvements may include, but are not
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The Millennium Palm Desert
Specific Plan
limited to, street construction and signalization, utility extensions, drainage facilities, parks and
other facilities.
Responsible Agency: Community Development Department, Public Works Department,
Building and Safety, Redevelopment Agency
Schedule: Immediate; Continuous
Goal 1, Goal 3, Policy 1, Program LA, Program I.B, Policy 2 Program 2.A Policy 3 Program
3.A, Policy 4, Policy 10, Program 10.A,: The proposed project will enhance the City's economy
through the creation of* a mixed -use, commercial retail center. The project will include
residential, park, business, commercial/retail, and potential hotel uses. The commercial/retail
portion (?f the project will support job creation, increase sales tax revenues, and attract new
businesses to the City. The project will be subject to design standards and guidelines to promote
an appealing space that will attract both businesses and shoppers/patrons. Location of the
project will help to,further strengthen the economy due to its proximity to the University Park
planning area, Cal State .San Bernardino, and access to the Interstate-10.
The project has undergone environmental review (CEQA Initial Study) to ensure that
development will not have a significant impact on the environment. All potential impacts have
been mitigated to less than significant levels.
Energy and Mineral Resources Element
Goal
Efficient, sustainable and environmentally appropriate use and management of energy and
mineral resources, assuring their long-term availability and affordability.
Policy 1
Promote energy conservation throughout all areas of the community and sectors of the local
economy, including the planning and construction of urban uses and in City and regional
transportation systems.
Program 1.A
The City shall strictly and consistently enforce all state mandated energy -conserving
development and building codes/regulations, and shall investigate and report on the
appropriateness of developing more stringent local energy performance standards.
Responsible Agencies: Building Department, Community Development Department
Schedule: 2004-05; Continuous
Policy 1, Program LA and Program I.B: Architectural designs within the project will
incorporate energy efficient materials and cons/ruction techniques, and strive to exceed existing
Building Code requirements. Furthermore, buildings will include high efficiency equipment and
projects will be designed with drought tolerant landscaping.
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The Millennium Palm Desert
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Program 1.D
The City shall continue to participate in the transportation planning efforts of SunLine Transit
Authority and shall encourage the expanded use of public transit, vehicles fueled by compressed
natural gas and hydrogen, buses with bike racks and other system improvements that enhance
overall transportation system operations and energy conservation.
Responsible Agency: Community Development Department, SunLine Transit Agency; CVAG
Schedule: Continuous
Program 1.E
The City shall strive for efficient community land use and transportation planning and design,
and shall assure the provision of convenient neighborhood shopping, medical and other
professional services appropriately located to minimize travel and facilitate the use of alternative
means of transportation.
Responsible Agency: Public Works Department, Community Development Department,
CVAG; Riverside County Transportation Commission (RCTC)
Schedule: Continuous
Program 1.D and I.E.• The proposed project is a mixed -use development that encourages the use
of alternative means of transportation including transit, NEV, biking, and walking through site
design and increased accessibility. Pedestrian, bicycle and NEV access and circulation .should
connect planning areas to encourage non -vehicular travel. Non -vehicular access must be
integrated into project site plans, occur on dedicated paths that protect pedestrians and
bicyclists from automobiles, and provide .shaded areas and amenities for their users.
The nearest bus route to the subject property is Line 53, which extends to Gerald Ford Drive
near its intersection with Cook .Street, approximately 500 feet east of the subject property. As
development occurs within the Specific Plan area, additional bus stops can be provided for
project residents and businesses.
In addition, The City's Mid -Valley Bike Plan includes a bicycle path along the northern
boundary of the project, which will connect to Planning Area 9 and Portola Avenue. Final
alignment and full build out of the bike path will be part of the proposed project.
Flooding and Hydrology Element
Policy 6
All new development shall be required to incorporate adequate flood mitigation measures, such
as grading that prevents adverse drainage impacts to adjacent properties, on -site retention of
runoff.. and the adequate siting of structures located within flood plains.
Program 6.A
Stormwater retention shall be enforced through the development review process and routine site
inspection.
Responsible Agencies: Public Works Department, Planning Department
Schedule: Continuous
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The Millennium Palm Desert
Specific Plan
Policy 6, Program 6.A: A hydrology analysis was conducted for the proposed project in
conformance with Pahn Desert Ordinance No. 1247, Section 26.49.060 f )r on -site stormwater
retention facilities. Results of the analysis indicate that the planned site stormwater facilities and
surrounding drainage.facilities are capable of managing a flood event. The project will provide
an integrated flood management program for all parcels within the Specific Plan.
Geotechnical Element
Goal
Maximized protection of human life, land, and property from the effects of seismic and
geotechnical hazards.
Goal I : A Geotechnical Investigation was prepared for the proposed project as part of the
CEQA Initial Study process. Findings of the investigation indicate that impacts related to
geotechnical hazards are considered less than significant, and development of the project is
considered feasible from a geotechnical point of view. All development within the City of Palm
Desert is required to meet the standards of the Uniform Building Code for Seismic Zone 4.
Policy 5
To minimize the potential impacts of subsidence due to extraction of groundwater, the City shall
actively support and participate in local and regional efforts at groundwater conservation and
recharge.
Program 5.13:
Continue and expand existing water conservation efforts, and coordinate with local districts, state
water agencies and CVAG members in a coordinated effort to eliminate overdraft of local
aquifers and affect a level of groundwater recharge adequate to address associated ground
subsidence hazards.
Responsible Agency: Community Development Department, City Engineer, Coachella Valley
Water District, U.S. Geological Survey, CVAG
Schedule: Continuous
Policy 5 and Program 5. B: The proposed project will incorporate water conservation measures
that include drought tolerant plant palettes, turf reduction measures, high efficiency irrigation,
and use of low flow appliances such as bathroom faucets, kitchen faucets, toilets, and showers.
Housing Element
Goal l
A variety of housing types that meet all of the needs for all income groups within the City.
Goal 2
The preservation and maintenance of the high quality of the City's affordable housing supply.
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The Millennium Palm Desert
Specific Plan
Policy 1
New affordable housing projects shall be encouraged in all areas of the City. Special attention
will be made to distributing the units so that large concentrations of affordable housing in any
one area are avoided.
Program 1.13
The City shall pursue the planning and implementation of the following projects for extremely
low, very low, low and moderate income households during the planning period. The City will
utilize public -private partnerships, grants and third party funding for these projects, and
affordable housing funds if restored by the State Legislature.
• 520 units that will include single family for -sale and multi -family for rent units at Gerald
Ford Drive and Portola
• an additional 52 units at the Vineyards
Responsible Agency: City
Schedule: 2014-2021
Policy 11
Promote the jobs/housing balance through the development of housing with convenient access to
commercial land uses, schools, available public transport and employment centers.
Policy 12
Encourage energy conservation through the implementation of new technologies, passive solar
site planning and enforcement of building codes. Please also see the Energy and Mineral
Resources Element.
Goal 1 Goal 2, Policy 1, Program 1.B, Policy 11, and Policy 12: The project has the potential to
create 228 single-family residential units, and 550 multi -family residential units. Of the SSO
multi family residential units, 286 are proposed to be affordable housing, as planned in Program
I.B. Housing will be located in close proximity to job opportunities, thereby increasing the
potential for jobs/housing balance at the project and in the City. Inclusion of both market rate
and affordable housing will helpmeet the housing needs.for all income groups within the City.
Land Use Element
Goal 1
A City that provides a balanced and functional mix of integrated land uses meeting the general
social and economic needs of the community through logical, compatible and consistent land use
and zoning designations.
Goal 2
A diverse resort residential community of desirable residential neighborhoods and resorts, full
commercial services, and institutional uses that complement the employment base and provide a
variety of community services and facilities.
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The Millennium Palm Desert
Specific Plan
Goal 3
An appropriate mix of commercial, resort and other revenue -generating land uses that will
continue to fund a high level of community development activities, services and facilities in the
City.
Goal 1, 2 and 3: The project offers a synergistic mix of land uses that provide housing,
employment, and commercial service opportunities to the City and surrounding communities.
Mixed -use developments help promote economic growth and provide desirable living areas with
easy access to transit, pedestrian friendly circulation networks, and highly accessible services.
Policy 4
Every opportunity shall be exploited to enhance the character and viability of the City's
commercial areas, including Highway 1 11, El Paseo, the University Park planning area and the
Interstate-10 corridor, by integrating nearby higher density residential uses with retail and
office/business park land uses.
Polices The proposed project is a large mixed -use development offering a mix of residential
densities in proximity to retail and o fice/business park land uses. The site is located in the
University Park planning area and will provide enhanced multimodal connectivity and further
diversify services/retail in the area.
Policy 5
The City shall consistently apply principles of land use compatibility in its determination of land
use designations and appropriateness, optimizing the ability of proposed development to
complement adjoining planned and existing land uses.
Policy 6
All land use development proposals shall be consistent with all applicable land use policies and
standards contained in the General Plan and findings of consistency shall be cited in appropriate
ordinances and resolutions.
Program 7 A
The City shall review and report on the state and efficacy of existing Specific Plans, set forth
recommendations for their updating or retirement, and make recommendations for new Specific
Plans that will facilitate achieving the City's General Plan goals.
Responsible Agency: Community Development Department, Public Works Department, City
Council
Schedule: 2004; Every Three Years Thereafter
Policy 5, Policy 6, Program 7.A: The project requires General Plan and zoning amendments to
revise land use designations in support of the mixed -use development. The project will enforce
development standards consistent and comparable to existing City's General Plan, zoning and
municipal code requirements, and.facilitate the development of a mixed use project, consistent
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The Millennium Palm Desert
Specific Plan
u4th the goals.1br the University Park area. The implementation of a Specific Plan 1vill assure
cohesive, high quality development ivith the planning area.
Residential Goals, Policies and Programs
Goal l
A balanced range of housing types, densities and affordabilities that accommodate existing and
future residents across all socio-economic sectors of the community.
Goal 3
Residential neighborhoods that are thoughtfully integrated with community parks and schools,
and have convenient and appropriately located access to employment centers and commercial
services.
Policy 1
The City shall strive to provide a balanced mix of housing product that thoughtfully responds to
the demands and opportunities associated with the City's strength as a retail commercial center
and major destination and residential resort community.
Policy 2
Residential land use planning in developing areas shall preserve neighborhood character and
assure a consistent and compatible residential land use pattern.
Program 2 A
The City shall assign and periodically review residential land use designations to assure that
related General Plan goals, including preservation of developed and developing neighborhoods,
are met.
Responsible Agency: City Council, Planning Commission, Community Development
Department.
Schedule: Ongoing; every five years.
Program 2 B
Consistently apply the City's discretionary powers and development review process to assure
that subdivision and development plans are compatible with existing residential areas.
Responsible Agency: Community Development Department.
Schedule: Continuous
Policy 4
Within master -planned developments, phased implementation shall be consistent with and
adhere to the maximum overall densities approved for the entire development.
Policy 8
Low income/affordable housing shall not be located within one area of the community, but shall
be dispersed where feasible, appropriate, and compatible with surrounding land uses.
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I
1
1
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The Millennium Palm Desert
Snecific Plan
Program &A
The City shall monitor the amount of low income housing available and make best efforts to
meet State requirements for providing such housing types.
Responsible Agency: City Council, Planning Commission, Community Development
Department; Redevelopment Agency
Schedule: Continuous
Goal 1, Goa13, Policy 1,. Policy.Program 2.A Program 2.A Policy 4.Policy 8 Program 8.A:
The proiect of a housing mix of single-family, multi -family, and affordable multi -family
housing, integrated into a larger mixed -use development that offers commercial/business
services, recreational amenities, and employment opportunities. The project is consistent with
the C ity s goals to diverse housing options and provide affordable opportunities to low income
residents. All development will be subject to design requirements and standards that are
consistent and comparable to those of the City's General Plan, Zoning Code, and Municipal
Code, to ensure a cohesive design and community character throughout the planning area.
Policy 9
Within the University Park planning area, the City shall uniformly apply a "High Density
Overlay" designation to all lands designated for Medium Density Residential (R-M)
development to provide the opportunity to develop at R-H densities in compliance with specific
performance criteria.
Program 9.A
The "High Density Overlay" development standards assigned to allow development of R-H
(High Density Residential, 10-22 du/ac) on any R-M lands within the University Park planning
area shall be further elaborated and incorporated into the City Zoning/Development Code and
shall be consistent with the following performance criteria.
1. The percentage of residential units, whether single or multi -family, that shall be available for
homeownership.
2. High density residential neighborhoods shall be located in proximity and have convenient
access to public transportation.
3. High density residential development shall be located in proximity to schools, parks and
commercial services, which shall be accessible by means of non -motorized vehicle routes.
4. The percent of proposed high -density units to be reserved to meet the affordable housing
needs of the community.
5. Adequacy and usability of landscaped open space planned internal and integral to the design
of high -density developments.
6. Development plans reflecting creative and innovative design in site planning, building design
and landscape treatment, consistent with the General Plan Community Design Element.
7. Development proposals with high -density residential units shall include analyses of the
potential fiscal impacts of the development.
Responsible Agency: City Council, Planning Commission, Community Development
Department; Redevelopment Agency
Schedule: 2004; On -going
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The Millennium Palm Desert
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Policy 9, Program 9.A: The project gffers 25 acres (up to 550 units) of High Density Residential
and 38 acres of single family residential in the University Park planning area. The project
improves walkability, provides commercial mixed -use in proximity to housing, and is located in
proximity to public transportation. Planning Area 8 (10 acres of high dentistry residential) is
expected to be developed as an affordable housing project. Development of the project will result
in high quality, more intense residential development consistent with the plans for the University
Park area.
Commercial Goals, Policies and Programs
Goal 1
An integrated and complementary mix of commercial land uses that meet the day-to-day needs
of local residents, fully exploit opportunities to serve the regional retail commercial market, and
provide hospitality and tourist commercial development opportunities.
Goal 2
A pattern of commercial land uses conveniently and appropriately distributed throughout the
City, meeting the community's needs while minimizing the disruption to or incompatibilities
with other land uses.
Policy 1
Sufficient lands shall be designated to provide a full range of conveniently located convenience,
neighborhood, regional and tourist commercial services to the residents and visitors of the
community and surrounding areas for present and future years.
Policy 3
The City shall encourage lot consolidation and integrated development planning wherever
possible, with special emphasis along the Monterey Avenue and Cook Street corridors, as well as
in the University Park planning area. Subdivisions shall be consistent with and complement the
development of City's coherent master land use plans.
Policy 4
The City's Land Use Plan shall take full advantage of the potential for University -related
commercial needs and/or development opportunities, including direct and indirect inducements
for complementary commercial development.
Goal 1, Goal 2, Policy 1, Policy 2, Policy 3, Policy 4: The project provides approximately
550,000 square feet of commercial space within a mixed -use development that also includes
residential, business, and park land uses. The project encourages economic growth and meets
the housing and commercial service needs of the planning area, including University Park and
the CalState campus. The project is located in proximity to the Interstate-10 freeway, which
facilitates regional access to services and job opportunities to surrounding communities.
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The Millennium Palm Desert
Specific Plan
Industrial Goals, Policies and Programs
Goal 1
Appropriately located and served lands that provide for the development of business parks and
non-polluting industrial uses, and which assure compatible integration with other, non -industrial
land uses.
Policy 1
Provide adequate and appropriate lands designated for business park/industrial uses to provide a
sufficient range of industrial development that is compatible with and complementary to local
needs and opportunities.
Policy 3
To enhance the efficient use and integration of industrial lands in the University Park Village
planning area, the City shall prepare the University Park Plan, which assures land use
compatibilities and provides master plans for the extension of roadways, drainage facilities,
utilities and other infrastructure.
Program 3 A
As an integral part of the University Park Plan, the City shall fully assess and integrate business
park and industrial lands and shall develop and adopt circulation, infrastructure, drainage and
development standards and guidelines to assure efficient industrial development consistent with
the character and quality of the planning area and community.
Responsible Agency: City Council, Planning Commission, Community Development
Department
Schedule: Continuous
Policy 4
The City shall seek to facilitate appropriate business park/industrial land uses for which the area
is particularly suited and encourage those industries to take advantage of the local labor force
and markets with which the City has a comparative advantage.
Program 4 A
In cooperation with property owners, local colleges and universities, Chamber of Commerce, as
well as other private interests, the City shall support development of business parks and
industrial lands through coordinated joint efforts.
Responsible Agency: Private Owners; Community Development Department. Redevelopment
Agency; Chamber of Commerce, CalState, UCR, COD
Schedule: Continuous
Policy 1, Policy 3 and Program 3.A Policy 4, Program 4. A. The proposed project offers 10 acres
of business park/service industrial lands and is located in the University Park planning area.
The proposed prgjecl will offer access to services and job opportunities.for residents of the
project, residents of the University Park planning area, and users of 'CalState University located
less than one mile southeast oj*the project. The project will be compatible with surrounding uses,
including University Park, and adhere to applicable development standards and guidelines.
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The Millennium Palm Desert
Specific Plan
Noise Element
Policy 1
Noise sensitive uses, including residential neighborhoods, schools, congregate care facilities,
libraries, churches, resorts, wildlife habitat, and community open space shall be protected from
potentially significant sources of community noise.
Program 1.0
Where noise mitigation measures are required to achieve the City's noise limit standards, the
emphasis of such measures shall be placed upon site planning and project design. On a project -
specific basis, the use of noise barriers shall be considered as a means of achieving the noise
standards only after all other practical design -related noise mitigation measures have been
integrated into the project building
Responsible Agency: Planning Department
Schedule: Continuous
Policy 2
Encourage proposed large-scale or mixed use developments with the potential to generate
substantial noise to be planned and designed to minimize noise impacts on nearby noise -sensitive
land uses.
Program 2.A
Use Specific Plans and other master planning processes, and the development review process to
assure the appropriate use of buffers, building setbacks and orientation, walls and other
acoustical barriers between noise sources and sensitive land uses. Walls and other acoustical
barriers shall be designed to be as visually pleasing as possible, incorporating landscaping,
variations in color and patterns, and/or changes in texture or building materials.
Responsible Agency: Planning Department; Planning Commission, City Council
Schedule: Project -specific; Ongoing.
Program 2.13
Noise created by new transportation improvements, including new or expanded roadways and
railroad improvement projects located near sensitive land uses, shall be mitigated to the greatest
extent practicable to assure that the noise environment on adjoining lands is compatible with the
City's Noise Control Ordinance for outdoor living/activity areas and for interior spaces.
Responsible Agency: Planning Department, Planning Commission, City Council
Schedule: Immediate; Continuous.
Program 2.0
The City shall encourage developers in potentially noisy areas to explore and utilize innovative
site planning, building and materials technology to mitigate environmental noise and enhance
living and work environments.
Responsible Agency: Planning Department, Public Works Department, Building and Safety
Department
Schedule: Project -specific; Ongoing.
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The Millennium Palm Desert
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Policy 3
The potential for long-term and project -specific land use patterns, traffic distribution, and
individual development to generate adverse and incompatible noise impacts shall be assessed,
and significant impacts shall be appropriately mitigated.
Policy 4
Project designs shall include measures that assure that residential interior noise exposures do not
exceed 45 dB CNEL levels and otherwise comply with State of California noise insulation
standards as defined in Title 25 (California Noise Insulation Standards).
Policy 1, Program 1.C, , Policy 2, Program 2.A-Program 2.C, Policy 3 and Policy 4: The project
land use distribution has been designed to place the least sensitive noise receptors closest to the
railroad right away, providing a buffer to the more sensitive residential land uses. A Noise
Impact Analysis was prepared .for the proposed project as part of the CEQA Initial Study
process. The Initial Study provides minimization measures, design recommendations, and
mitigation measures to ensure the C'ity's noise limit standards are achieved. This includes the
use of acoustical barriers, building setbacks, building orientation, and/or noise reducing
building design strategies.
Parks and Recreation Element
Goal 1
A high -quality public park system that meets the City's active and passive recreation needs with
adequate land and facilities to provide an appropriate mix of recreational facilities and activities
for the City's residents.
Goal 2
A comprehensive urban and open space trails network to meet the hiking, biking and equestrian
needs of the City's residents and visitors.
Goal 2: The .Specific Plan includes a 27 acre community park site that will provide recreational
opportunities jor not only the project site, but the surrounding neighborhoods as well. Individual
projects within the Specific Plan will also include parks, playgrounds, public plazas and other
community gathering places to create additional recreational opportunities.
The proposed project supports the development of* urban trails. The Otv's Mid-Vallev Bike Plan
includes a bicycle path along the northern boundary of the project, which will connect to
Planning Area 9 and Portola Avenue. Final alignment and full build out of the bike path will be
part of the proposed project.
58
The Millennium Palm Desert
Svecific Plan
Policy 3
Assure that new residential developments provide adequate on -site recreational and open space
amenities consistent with the values and standards of the community and the needs of new
development.
Program 3.A
On a case -by -case basis, evaluate the need for and appropriateness of requiring intra-project park
and recreation amenities that address the on -site needs of residents within new residential
developments.
Responsible Agency: Community Development Department, Parks and Recreation Commission,
City Council
Schedule: Immediate; Continuous
Policy 3, Program 3.A: All proposed residential developments (planning areas 1, 7, and 8) will
adhere to the City s standards and recommendations for dedication of on -site open space and
recreational amenities. Parks and open .space areas will have proper lighting, fencing, and other
improvements to ensure the safety of park patrons and surrounding land uses. Landscaping and
turfed areas will he designed in accordance with applicable City water conservation strategies,
including but not limited to reduced turf areas, drought tolerant plant palettes, and high
efficiency irrigation systems.
Policy 4
Utilize the lands within the north area of the city limits, between Cook Street and Monterey
Avenue for additional park space, and include a plan for an urban park abutting or in the
immediate vicinity of the CalState University campus and appropriate school districts.
Program 4.A
Pursue and encourage master -planned land uses in the north area of the city limits that
incorporate parks and other open space areas appropriate for recreational uses, which
complement CalState University facilities and provide easy and safe access from surrounding
neighborhoods.
Responsible Agency: Community Development Department
Schedule: Immediate; Continuous
Policy 4, Program 4.A: The project will add a 27-acre City park in the northern portion of the
City just west of Cook Street, which is in the recommended area for additional park space as
stated in Policy 4. The proposed park will provide additional recreational/open space facilities
to the University and surrounding neighborhoods.
Water Resources Element
Policy 1
To the greatest extent practical, the City shall continue to encourage the use of drought -tolerant,
low water consuming landscaping as a means of reducing overall and per capita water demand.
59
The Millennium Palm Desert
Saecific Plan
Program 1.A
Continue to implement the City's Water Efficient Landscape Ordinance to optimize conservation
and comply with State Assembly Bill 325 (AB 325), by requiring the use of native and other
drought -tolerant planting materials and efficient irrigation systems.
Responsible Agency: Public Works Department, Community Development Department, CVWD
Schedule: Continuous
Policy 1, Program LA: The project will be required to use drought tolerant landscape and limit
the amount of turf to the greatest extant possible. A Water Supply Assessment was prepared for
the proposed project under the assumption that such drought tolerant landscaping measures
were in place. The City s Water Efficient Landscape Ordinance will be strictly enforced
Policy 2
The City shall encourage, facilitate and/or require the use of water conserving appliances and
fixtures in all new development, as required by state law.
Policy 2: Buildings within the proposed development will be equipped with water -conserving
technologies and appliances including low-wThffe project
will be developed in accordance with current state Building Codes and Title 24 codes.
Policy 4
Encourage or require that all existing and new development be connected to the sewage
treatment system of the Coachella Valley Water District.
Policy 4: The proposed project will connect to CVWD's existing 18" sanitary sewer and 18"
water lines in Gerald Ford Drive.
Policy 5
The City shall provide direction and guidelines for the development of on -site storm water
retention facilities consistent with local and regional drainage plans and community design
standards.
Program 5.A
Establish and enforce regulations and guidelines for the development and maintenance of
project -specific on -site retention/detention basins, which implement the NPDES program,
enhance groundwater recharge, complement regional flood control facilities, and address
applicable community design policies.
Responsible Agency: Public Works Department, Community Development Department
Schedule: Continuous
Policy 5, Program S.A: The Specific Plan area's stormwater drainage plan comprehensively
addresses the food protection of all development areas, and master plans a drainage system that
uses a combination of retention basins throughout the Plan area,for storage and retention. The
drainage plan has been prepared to City standards, and reviewed and approved by City staff
60
The Millennium Palm Desert
Specific Plan
Water, Sewer and Utilities Element
Goal 1
A full range of water, sewer and utility facilities and services that safely, adequately and cost-
effectively meet the immediate and long-term needs of the City
Program LB
The City and CVWD shall continue and extend their efforts to increase domestic water
conservation by expanding efforts to increase the use of desert landscaping in all development,
and the installation of efficient water -using technologies in new and substantially re -modeled
buildings.
Responsible Agency: Coachella Valley Water District, Public Works Department
Schedule: Ongoing
Program 1.D
To the greatest extent practical, the City and CV W D shall require new development to extend
and connect to sewer lines rather than allow the installation of on -lot septic tanks. In the event
on -lot septic systems are required, development shall be required to install "dry sewers" in
anticipation of future sewer main extensions.
Responsible Agency: Coachella Valley Water District, Public Works Department, RivCo
Environmental health
Schedule: Ongoing
Goal 1, Program I.B, Program 1.D: All development within the proposed project will be
required to maximize drought tolerant landscaping and minimize turf where possible. The
project will also incorporate high efficiency irrigation methods, and low flow toilets and faucets.
The project will connect to the existing sewer system and will not allow on -lot septic tanks.
Policy 6
The City understands and proactively supports the wide -spread integration of energy resource
conserving technologies throughout all economic sectors of the community.
Program 6.A
The City shall explore and, as appropriate, implement actions and regulations that facilitate
residential and business conservation strategies and the implementation of technology retrofits of
that substantially increase energy use efficiencies.
Responsible Agency: Community Development & Public Works Departments, SCE, CCG, III)
Schedule: 2004-05, Ongoing
Policy 6, Program 6.A: The project will facilitate residential and business conservation
strategies through use of high efficiency building design, such as lighting, building orientation,
and bathroom and kitchen appliances. The project will be developed in accordance with current
Building Codes and will meet or exceed energy conservation standards.
61
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O
CITY OF PALM DESERT
CEQA Environmental Checklist & Environmental Assessment
Project Title: The Millennium Palm Desert, General Plan Amendment 14-332
Change of Zone 14-332, Development Agreement 14-332
Tentative Parcel Map 36792, Tentative Tract Map 36793
Lead agency name and address: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Contact persons and phone number: Eric Ceja, Associate Planner
760-346-0611
Project location: The project is bounded by Gerald Ford Drive on the south, Technology Drive on the east,
Portola Avenue on the west, and Interstate- 10/Union Pacific Railroad to the north.
Project sponsor's name and address: PD 80 T&S LLC and Palm Desert University Gateway LLC
38 Clancy Lane South
Rancho Mirage, CA 92270
General Plan Designation:
Zoning:
Industrial Business Park (I -BP)
Planned Community Development (P.C.D.)
Mixed Use (MU) — Commercial/High
Density R-H) 10-22 du/ac
Open Space — Parks (OS/PP)
Public Reserves (OS/PR)
Description of project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.)
The proposed project will result in a 152-acre mixed -use development to be located on lands bounded by
Gerald Ford Drive on the south, Technology Drive on the east, Portola Road on the west, and Interstate-
10/Union Pacific Railroad to the north in the City of Palm Desert, California.
The project consists of a Development Agreement between the City of Palm Desert and PD 80 T&S LLC and
Palm Desert University Gateway LLC (developer), which includes the project Master Plan, and a land
exchange between the City and the developer. In addition, General Plan and Zoning map amendments will be
required to support the proposed Master Plan, a Tentative Parcel Map and a Tentative Tract Map to subdivide
Planning Area 1 of the Master Plan have been requested (please see below).
Development Agreement
The purpose of the Development Agreement between the City and the developer is to establish the
development parameters for the 152-acre master planned project, which includes 9 individual planning areas
consisting of commercial, residential, business park, and park land uses (See Exhibit 4, Master Plan). Land use
allocations set forth below provide densities, land use designations, and development standards per planning
area for build out of the Master Plan. Development of the planning areas will be dependent on market demand
with anticipated build out of the project being 10-20 years (between 2025-2035).
The Millennium Palm Desert
Land Use Allocation
Planning Density/Lot
Density/Lot
Projected
Area Land Use Acres Coverage Min.
Coverage Max.
Units/SF
Single Family
1 Residential 38 2/ac
6/ac.
228
2 General Commercial 3.2 18,000
No Max
35,000
3 Regional Commercial 21.6 25%
50%
235,000
4 Service Industrial 10 25%
No Max
110,000
Planned
5 Commercial/Hotel 3.5 25% or 175
50% or 250
hotel rooms
hotel rooms
37,000
6 Planned Commercial 12.3 25%
50%
134,000
Multi -Family
7 Residential 15 18/acre
22/acre
330
Multi -Family
8 Residential 10 18/acre
22/acre
220
9 Park 27
N/A
N/A
Total Potential Residential Units
778
Total Potential Square Footage
551,000
General Plan Amendments
Changes to land use designations in the General Plan include the following:
1. PA 1: Medium Density Residential
2. PA 2: Community Commercial
3. PA 3: Regional Commercial
4. PA 4: Business Park
5. PA 5: Community Commercial
6. PA 6: Community Commercial
7. PA 7: High Density Residential
8. PA 8: High Density Residential
9. PA 9: Open Space Public Park
In addition to the Land Use Map amendments, the General Plan Amendment will include a request to remove
Technology Drive and Pacific Avenue as General Plan roads.
Zoning Amendments
Changes to the zoning designations in the General Plan include the following:
1. PA 1: Planned Residential-6
2. PA 2: General Commercial/C-1
3. PA 3: Planned Commercial-3/FCOZ
4. PA 4: Service Industrial
5. PA 5: Planned Commercial-2
6. PA 6: Planned Commercial-2
7. PA 7: Multifamily Residential
8. PA 8: Multifamily Residential
9. PA 9: Open Space
Subdivision Maps
A Tentative Parcel Map is proposed to subdivide the 152 acres into 9 parcels, consistent with the Development
-2-
Agreement's Planning Areas. The Parcel Map is being created in order to allow the sale and development of
individual Planning Areas.
A Tentative Tract Map (TTM) has been prepared for Planning Area 1 with anticipated build out in 2018 (three
years). The TTM proposes 166 single family lots, as well as lots for open space, parks, and private streets (See
Exhibit 5, Planning Area 1 Site Plan).
Land Exchange
The Development Agreement also includes a land exchange between the City of Palm Desert and the
developer. The transfer includes 37 acres of land currently owned by the City at the southeast corner of Portola
Avenue and the railroad to Planning Areas 8 and 9 of the Master Plan, and 37 acres currently owned by the
developer in Planning Areas 8 and 9 to 37 acres located at the southeast corner of Portola Avenue and the
railroad.
All components of the project, as described above, shall hereinafter be referred to as "the project."
Environmental Setting and Surrounding Land Uses
The subject property is located in the northeasterly portion of the City. The site is vacant, relatively flat, and
contains sparse native vegetation.
North: Interstate-10 (1-10), Union Pacific Railroad, undeveloped lands
South: Gerald Ford Drive, vacant lands, proposed residential and commercial
East: Technology Drive, commercial mixed -use
West: Portola Avenue, vacant lands, single-family residential
Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation
agreement.)
None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"Potentially Significant Impact" as indicated by the checklist on the following pages.
❑
Aesthetics
❑
Agriculture and
❑
Air Quality
Forestry Resources
❑
Biological Resources
❑
Cultural Resources
❑
Geology /Soils
❑
Greenhouse Gas
❑
Hazards & Hazardous
❑
Hydrology / Water Quality
Emissions
Materials
❑
Land Use / Planning
❑
Mineral Resources
❑
Noise
❑
Population / Housing
❑
Public Services
❑
Recreation
❑
Transportation/Traffic
❑
Utilities / Service
❑
Mandatory Findings of
Systems
Significance
xm
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
X
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing further
is required.
Eric Ceja, Assoc Planner
City of Palm De
I za 15
Dat
-4-
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based
on project -specific factors as well as general standards (e.g., the project will not expose sensitive
receptors to pollutants, based on a project -specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -site,
cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than significant
with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is
substantial evidence that an effect may be significant. If there are one or more "Potentially
Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"
to a "Less Than Significant Impact." The lead agency must describe the mitigation measures,
and briefly explain how they reduce the effect to a less than significant level (mitigation
measures from Section XV1I, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by mitigation
measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site -specific
conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared
or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
-5-
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
1. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a
X
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
X
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
X
surroundings?
d) Create a new source of substantial light or
glare which would adversely affect day or
X
nighttime views in the area?
Source: Palm Desert General Plan 2004, Zoning Ordinance, Municipal Code, project site plan.
I. a) Less than Significant Impact. The primary scenic viewsheds in the project area include the San
Jacinto, Santa Rosa, and San Bernardino Mountain ranges that encircle the desert floor. Scenic
resources are visible along essentially all major roadways in the City and project area.
Surrounding views have been impacted to some extent by surrounding commercial and
residential development to the south, commercial development to the east, residential
development to the west, and the I-10 freeway and railroad corridor to the north.
The proposed project is not expected to result in development that will significantly impact a
scenic vista. Scenic vistas have the potential to be impacted for lands to the south of the proposed
project. Lands to the west and southwest occur at a higher elevation than the proposed project,
across Portola Avenue. As a result, view corridors for scenic vistas will not be impacted for the
residential units west and southwest of the proposed project.
The Master Plan proposes building heights of up to 50 feet (four stories) in the commercial
planning areas, and up to 40 feet (3 stories) for the multi -family planning areas. The project area
is at a low elevation when compared to surrounding development, occurring at the base of the
eastern end of the Palm Springs Sand Ridge. As such, development to the south and west occurs,
or will occur, at an elevation higher than the project area. The 50 foot/4 story height is permitted
only for hotel development in the commercial areas. Retail and office commercial are limited to
35 feet in height. Existing development to the east, at the Hampton Inn hotel, has been
constructed with 3 stories, comparable in height to the mass and scale of likely commercial
development in the area. Hotel development, should it occur, could extend approximately 15 feet
higher than this existing development. Since surrounding development occurs at a higher
elevation, the mass of a potential 50 foot building would somewhat limit views of the San
Bernardino Mountains to the north, but would not impact views of the San Jacinto Mountains to
the west and southwest. Because development to the south will occur at a base elevation that will
be 6 to 10 feet higher than the base elevation of the commercial planning areas, the mass of the
structures on the project site will appear smaller, and impacts are expected to be less than
significant.
The 40 foot/3 story height proposed for the multi -family residential development in planning
areas 7 and 8 would also limit views of the San Bernardino Mountains to the north for future
development to the south of the project area, but would not impact views of the San Jacinto
Mountains to the west and southwest. As described above, development to the south will occur at
a higher base elevation, which will somewhat lessen the potential for impact, insofar as the
finished floor on the project site will be 6 to 10 feet below the finished floor elevation of projects
to the south. Development of the multi -family units is likely to occur in multiple smaller
buildings, rather than in one large structure. This type of design is likely to allow view corridors
through the project to the north.
b) No Impact. The 152-acre project area is currently vacant with sparse vegetation regrowth and
signs of site disturbance due to off -road vehicle use. The site does not contain on -site scenic
resources, including trees, rock outcroppings, or historical buildings.
c) Less Than Significant Impact. The area surrounding the 152-acre project site can be
characterized as largely developed with commercial development located east of the project site,
vacant land and commercial development to the south and southeast, and single-family
residential development to the west. The subject property itself is currently vacant, but was
previously partially graded and contains re -growth of native desert vegetation.
All development associated with the proposed project will be subject to mass and density
requirements consistent with the Palm Desert Zoning code and the project Master Plan.
Architectural style for the planning areas is expected to be consistent with that already occurring
in the area, and will be subject to review by the City through its Architectural Review and
Precise Planning process. Future landscaping will be limited to an approved plant palette in
keeping with the surrounding desert environment. Impacts to the visual character of the area are,
therefore, expected to be less than significant.
d) Less Than Significant Impact. Development within the project area is anticipated to result in
lighting from commercial and residential project lighting, landscape lighting, and the headlights
of vehicles travelling through the project area. In addition, sports field lighting may be proposed
for the City park planned in the center of the project.
All future development associated with the proposed project will be required to abide by City of
Palm Desert building code and lighting ordinance, which requires proper shielding of light
sources and prohibits light spillage on adjacent properties. A lighting plan will be submitted and
approved prior to the approval of any development, and all required conditions of approval
would be applied. Lighting for sports fields in the City park will be similarly controlled by City
standards, and will be reviewed when plans are prepared and submitted for review and approval.
The imposition of standard requirements and conditions of approval will assure that lighting
impacts associated with the proposed project are less than significant.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
"A
Potentially
Less Than
Less Than
No
Significant
Significant w(
Significant
Impact
Impact
Mitigation
Impact
If. AGRICULTURE RESOURCES:
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
X
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
X
4526), or timberland zoned Timberland
Production (as defined by Government code
section 51104(g))?
d) Result in the loss of forest land or conversion
of forest land to non -forest use?
X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland, to
X
non-agricultural use'?
Source: Palm Desert General Flan, farmland Mapping and Monitoring Program.
II. a-e) No Impact. The project site is located on vacant lands in the City. According to the Farmland
Mapping and Monitoring Program, the area is not considered Prime Farmland, Unique Farmland
or Farmland of Statewide Importance. Instead the project site is designated Other Land which is
characterized as nonagricultural land surrounded on all sides by urban development. Adjacent to
the project site and immediately north of the 1-10 freeway are lands designated Farmlands of
Local Importance. However these lands are currently vacant and are not actively being used for
agricultural purposes. The 1-10 freeway acts as a physical barrier that will eliminate the potential
for direct project impacts to such lands.
The project site will not conflict with zoning for agricultural uses, insofar as there are no
agriculturally zoned lands in the City. The project area does not currently include lands with
Williamson Act contracts, nor are such contracts applicable to surrounding lands. Therefore there
will be no impacts associated with agricultural resources resulting from development of the
proposed project.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-13-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
III. AIR QUALITY: Would the project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
X
b) Violate any air quality standard or
contribute substantially to an existing or
X
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non -attainment under an
applicable federal or state ambient air quality
X
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial
X
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
X
Source: Palm Desert General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012
Air Quality Management Plan; CaIEEMod Version 2013.2.2; "Millennium Village Health Risk Assessment Impact
Analysis," prepared by Kunzman Associates, Inc. October 6, 2014.
III. a) Less Than Significant Impact. The Coachella Valley, including the project area, is located
within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air
Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air
pollutant concentrations and establishing management policies for the SSAB. All development
within the SSAB is subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP)
and the 2003 Coachella Valley PMio State Implementation Plan (2003 CV PM10 SIP).
The project will be developed in accordance with all applicable air quality management plans.
The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The Master
Plan proposes both a General Plan land use and Zoning amendment to support the project land
uses (see project description). Although the subject property's land uses will be amended, the
existing General Plan and Zoning for the property include the commercial, residential and park
land uses that are proposed in the Master Plan. The project is consistent with surrounding land
uses and the overall build out goals of the City. The project will be developed in conformance
with the above -mentioned Management Plans and therefore impacts associated with applicable
management plans are expected to be less than significant.
b, c) Less than Significant with Mitigation. An air quality impact is considered potentially
significant if concentration of emissions exceed the State or National Ambient Air Quality
Standards. National and state air quality standards established for criteria pollutants are designed
to protect that segment of the population that is most susceptible to respiratory distress or
infection, including the elderly, children, asthmatics, or those who are weak from disease or
illness. Table 1 shows the state and national ambient air quality standards.
-14-
Table 1
State and National Ambient Air Quality Standards
State Standards
National Standards**
Pollutant
Averaging
Concentration
Averaging
Concentration
Time
Time
Ozone
1-hour
0.09 ppm
I -hour
8-hour
0.07 ppm
8-hour
0.075 ppm
Carbon Monoxide
i-hour
20.0 ppm
1-hour
35.0 ppm
8-hour
9.0 ppm
8-hour
9.0 ppm
Nitrogen Dioxide (NO2)
1-hour
0.18 ppm
0.10 ppm*
AAM
0.030 ppm
AAM
0.053 ppm
Sulfur Dioxide
1-hour
0.25 ppm
1 & 24 hour
.075ppm**
(S02)
24-hour
0.04 ppm
AAM
Particulate Matter (PM 10)
24-hour
50 µg/m3
24-hour
150 µg/m3
AAM
20 /m3
AAM
Particulate Matter (PM2.5)
AAM
12 µg/m3
AAM
12 µg/m3
24-hour
35 m3
24-hour
35 /m3
Lead
30 day Avg.
1.5 VWM3
3 month Avg.
0.15 m3
Visibility Reducing
8-hour
No standard
No federal
No federal
Particles
Standard
Standard
Sulfates
24-hour
25µg/m3
No federal
No federal
Standard
Standard
Hydrogen Sulfide
No federal
No federal
1-hour
0.03 ppm
Standard
Standard
Vinyl Chloride
24-hour
0.01 ppm
No federal
No federal
Standard
Standard
Source: California Air Resources Board, 06/04/13
Notes: ppm = parts per million; ppb= parts per billion; µg/ m3 = micrograms per cubic meter of air;
AAM = Annual Arithmetic Mean; * Note that this standard became effective as of January 22,2010.
** Final rule signed June 2, 2010, effective as of August 23, 2010
The two primary pollutants of concern in the Coachella Valley, including the project vicinity, are
ozone (03) and particulate matter (PMIo and PM2.5). The South Coast Air Quality Management
District operates and maintains two air quality management stations within Source Receptor
Area (SRA) 30 (Coachella Valley). The Coachella Valley monitoring stations include Indio -
Jackson Street and the Palm Springs fire station, which have been operational since 1985 and
1987, respectively.
Ozone 03) is formed when byproducts of combustion react in the presence of ultraviolet
sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive
organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent, colorless,
toxic gas, and a common component of photochemical smog. Although also produced within the
Coachella Valley, most ozone pollutants affecting the Valley are transported by coastal air mass
from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to
occasionally high local ozone concentrations. The Coachella Valley has a history of exceeding
regulatory ozone standards, although the number of days and months the Federal one -hour
standard is exceeded has dropped steadily over the past decade.
Table 2 (below) shows that the Palm Springs monitoring station exceeds the 1-hour and 8-hour
federal and state ozone standards more frequently than the Indio site. This exceedance is
attributable to the Palm Springs station's location closer to the San Gorgonio Pass, where ozone
is transported into the SSAB from air basins to the west.
-15-
Table 2
Ozone Monitoring Data for the Coachella Valley
No. Days Standard Exceeded
Monitoring
year
Max. Concentration
National'
State
Station
l Hour
8 Hour
g Hour
1 Hour
8 Hour
m
PPM
Palm Springs
2003
0.141
0.110
71
54
90
2004
0.125
0.106
53
36
88
2005
0.139
0.116
61
41
78
2006
0.126
0.109
61
37
79
2007
0.126
0.102
58
29
83
2008
0.112
0.101
51
26
70
2009
0.120
0.098
54
28
74
2010
0.114
0.099
52
20
78
2011
0.124
0.099
49
21
69
2012
0.126
0.101
51
17
79
2013
0.113
0.104
46
10
80
Indio
2003
0.123
0.104
40
24
60
2004
0.111
0.099
50
23
68
2005
0.114
0.095
34
18
58
2006
0.103
0.090
28
5
42
2007
0.106
0.095
30
8
48
2008
0.115
0.092
27
12
44
2009
0.097
0.090
24
6
41
2010
0.100
0.087
19
6
45
2011
0.099
0.090
19
3
42
2012
0.102
0.089
24
2
45
2013
0.105
0.087
1 18
2
38
Source: ARB Annual Air Quality Data Tables. http://www.arb.ca.gov/adam/
1 = > 0.075 parts per million for the 8 hour standard.
2 = > 0.09 and 0.070 parts per million in 1 hour and 8 hour respectively.
Particulate Matter (PMIo and PM2.5) consists of fine suspended particles of ten microns or
smaller in diameter, and are the byproducts of road dust, sand, diesel soot, windstorms, and the
abrasion of tires and brakes. The elderly, children and adults with pre-existing respiratory or
cardiovascular disease are most susceptible to the effects of Particulate Matter. Elevated PMIo
and PM2.5 levels are also associated with an increase in mortality rates, respiratory infections,
occurrences and severity of asthma attacks and hospital admissions. The SSAB is a non -
attainment area for PMIo and is classified as attairiment/unclassifiable for PM2.5.
South Coast Air Quality Management District (SCAQMD), in conjunction with the Coachella
Valley Association of Governments (CVAG), Riverside County and local jurisdictions, prepared
the "2003 Coachella Valley PMIo State Implementation Plan," which includes PMIo control
program enhancements and requests an extension of the region's PMIo attainment date. The
Coachella Valley is designated as a serious non -attainment area for PMIo and is subject to the
2003 State Implementation Plan (SIP) and local dust control regulations and guidelines. A State
Implementation Plan that addresses how Southern California will meet federal standards for finer
particulate matter (PM2.5) was adopted in 2007.
The Coachella Valley became eligible for re -designation as being in "attainment" for PMIo in
2010 due to the annual average concentrations meeting the revoked federal standard. On
-16-
February 25, 2010, the California Air Resources Board approved the Coachella Valley PMIo
Redesignation Request and Maintenance Plan, which modified its designation status from
"serious non -attainment" to "attainment" for the PMIO National Ambient Air Quality Standard
under CAA Section 107. As of July 20141, the Environmental Protection Agency has not re-
designated the PMIO classification for the Coachella Valley, as PMIo levels continue to exceed
state standards. Table 3, below, shows that the National 24-hour standard for PMIO has been
exceeded more frequently at the Indio station.
Table 3
PMIO Monitoring Data for the Coachella Valley
Maximum
No. Days
Annual Average
Monitoring Year
Concentration
Exceeding 24-hr.
(µg/m3)
Station
(11g/m'/24hours)
Standards
National'
State
AAM'
AGM°
Palm Springs 2003
108.0
0.0
23.0
27.1
26.4
2004
79.0
0.0
N/A
26.4
N/A
2005
66.0
0.0
13.0
25.9
25.4
2006
226.0
6.6
19.6
28.3
27.7
2007
83.0
0.0
N/A
30.0
N/A
2008
75.0
0.0
N/A
17.7
N/A
2009
140.0
0.0
N/A
20.4
N/A
2010
144.8
0.0
0.0
19.4
18.3
2011
396.9
2.0
0.0
21.7
18.1
2012
143.4
0.0
0.0
19.9
16.1
2013
185.8
0.0
13.1
25.3
22.1
Indio 2003
309.0
9.1
158.2
56.7
56.1
2004
161.0
2.9
74.0
40.2
40.6
2005
106.0
0.0
121.7
44.9
45.4
2006
97.0
N/A
N/A
39.8
N/A
2007
210.0
5.7
212.3
55.6
56.0
2008
128.0
0.0
76.3
40.0
39.8
2009
132.0
0.0
24.0
32.7
31.8
2010
107.0
0.0
23.9
28.8
29.7
2011
375.9
2.0
18.6
32.6
35.4
2012
270.6
N/A
43.2
35.3
33.4
2013
255.2
3.0
85.2
37.5
38.6
Source: Annual air quality site monitoring reports per ARB.
http://www.arb.ca.gov/adam/
I = > 150 µg/m3 in 24 hour period; 2 = > 50 µg/m3 in
24 hour
period; 3 Fedcral Annual
Average Standard AAM >
50µg/m3 revoked December
17, 2006. State standard is AAM
> 20µg/m'
4 State Annual Average Standard = AGM > 20µg/m3
' Data samples collected on high -wind days were excluded
per EPA's
Natural Events Policy.
•• Data may include exceptional events.
As previously discussed, the Coachella Valley is classified as "attainment/unclassified" for
PM2.5, based on the state and federal PM2.5 standards, and does not require an implementation
plan to demonstrate attainment. Table 4 shows that neither the National 24-hour PM2.5 standard,
nor the AAM state standard of > 12 µg/m3 were exceeded in the past 10 years at either
monitoring station.
I U.S. EPA Greenbook website. Accessed September 18, 2014.
-17-
Table 4
PM2.5 Monitoring Data for the Coachella Valley
Annual
Monitoring Max Concentration
Year
No. Days
Average
Station (µg/m3/24hours) Exceeding 24-hr. Standards
(µ1/m)
National"
AAM b,c
Palm Springs 2003 21.2
N/A
N/A
2004 27.1
0.0
8.9
2005* 25.0
N/A
N/A
2006* 24.7
N/A
N/A
2007* 32.5
0.0
8.5
2008 18.1
0.0
7.1
2009 21.8
0.0
6.6
2010 12.8
0.0
5.9
2011 26.3
0.0
6.0
2012 15.5
0.0
6.5
2013 18.5
0.0
6.5
Indio 2003 26.8
0.0
11.4
2004 28.5
0.0
10.6
2005* 44.3
N/A
N/A
2006* 24.2
0.0
9.4
2007" 26.7
NIA
N/A
2008 21.5
0.0
8.4
2009 27.5
0.0
7.8
2010 16.0
0.0
6.8
2011 35.4
0.0
7.2
2012 18.4
0.0
7.6
2013 25.8
0.0
8.3
Source: Annual air quality site monitoring reports, prepared by ARB. http://www.arb.ca.gov/adanV
a = > 35 µg/m3 in 24 hour period, Federal standard as of December 17, 2006.
b Federal Annual Average Standard = AAM > 15µg/m3
c State Annual Average Standard = AAM > 12µg/m3 as of July 5, 2003.
" Less than 12 full months of data; may not be representative.
Air Quality Pollutant Emission Projections
Both the construction and operational phases of the proposed project will result in the release of
criteria air pollutants. The California Emissions Estimator Model (CalEEMod) Version 2013.2.2
was used to calculate both short-term and long-term project -related air quality emissions. For
analysis purposes, two separate CalEEMod runs were conducted to compare the commercial vs.
hotel scenarios for Planning Area 6. Tables 5 and 6 summarize the short-term construction -
related emissions and operational emissions for the hotel scenario. Tables 7 and 8 summarize the
construction and operational emissions for the commercial scenario.
Modeling and Mitigation Assumptions
Various modeling assumptions were used to better reflect impacts associated with the
development and operation of a large mixed -us
e
-18-
Table 5
CalEEMod Assumptions: Construction and Operation
Phase
Category
Assumption/Mitigation Measure
Equipment
' Use Tier 4 Interim engines when possible
• Oxidation catalysts equivalent to 30% reduction
Construction
Fugitive Dust
• Water site 3 times per day (61% reduction)
Control'
• Apply soil stabilizer (10% reduction)
• Increase Density (0.13% reduction)
• Increase Diversity (0.28% reduction)
Land Use
' Improve Walkability Design (-0.12 reduction)
• Improve Destination Accessibility (0.2% reduction)
• Increase Transit Accessibility (0.16% reduction)
• Integrate Below Market Rate Housing 0.03% reduction
Neighborhood
' Provide traffic calming measures
Enhancements
' Implement NEV network (0.01 % reduction)
• Improve pedestrian network (2% reduction
Parking
• Limit parking supply
Transit
. Increase transit frequency
Improvements
Commute
' Implement trip reduction program (21 % reduction)
• Provide ride sharing program (15% reduction)
• Only natural gas hearths
• Use low VOC cleaning supplies
Area Mitigation
• Use low VOC paint (interior/exterior; 50 g/I VOC)
• 50% electrical landscaping equipment
Operation
• Do not include consumer product impacts in
Energy
. Install High Efficiency Lighting (50%)
Mitigation
• Clothes washer- 30%
Appliances
• Dishwasher- 15%
(Apartments)
• Fans- 50%
• Refri erator- 15%
• Apply water conservation strategy (50% indoor; 75%
outdoor)
• Install low -flow bathroom faucets, kitchen faucets, toilets,
Water
and showers.
Mitigation
• Turf reduction
• Water efficient irrigation systems
• Water efficient landscape
Solid Waste
Institute recycling and composting service (30% waste
reduction
• Trip rates based on ITE manual and mixed -use
Mobile
developments
Emissions
Assumes higher internal capture rate consistent with
mixed use developments
Source: CalEEMod Version 2013.2.2. See Appendix A for outputs and mitigation measures.
I. Does not include implementation of Rule 403, which will further reduce emissions.
-19-
Construction Emissions
The construction period includes all aspects of project development, such as site preparation,
grading, paving, building construction, and architectural coating. For analysis purposes, it is
assumed that construction will occur over a 20-year period extending from 2015 to 2035 to
account for individual planning area build out based on market demands.
As shown in Table 5 and 6, emissions generated by construction activities are projected to
remain below SCAQMD thresholds of significance for criteria air pollutants with proper
mitigation measures applied. The data reflect average daily emissions over the 20-year
construction period, including both summer and winter weather conditions. Applicable
mitigation measures include, but are not limited to, the implementation of dust control practices
in conformance with SCQAMD Rule 403, proper maintenance and limited idling of heavy
equipment, and the use of low -polluting architectural paint and coatings. A comprehensive list of
construction mitigation measures are provided in Table 5.
Table 6
Millennium Palm Desert- PA 6 Hotel Scenario
Construction Emissions (lbs./day)
CO NO= ROG
SOI
PMtp
PM2.5
Maximum Emissions 253.15 75.14 65.94
0.36
23.14
7.08
SCAQMD Threshold 550.00 100.00 75.00
150.00
150.00
55.00
Significant No No No
No
No
No
Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated.
October 13, 2014.
1. Maximum emissions per year. Emissions shown represent emissions from the highest emitting
year. CO - 2016; NO% = 2016; ROG = 2032; SOx = 2031, PM10
= 2016; PM2.5
= 2016
Table 7
Millennium Palm Desert- PA 6 Commercial Scenario
Construction Emissions (lbs./day)
CO NOx ROG
SOx
PMtp PM2.5
Maximum Emissions 237.23 70.45 70.65
0.34
21.61 6.62
SCAQMD Threshold 550.00 100.00 75.00
150.00
150.00 55.00
Significant No No No
No
No No
Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated.
October 13, 2014.
1. Maximum emissions per year. Emissions shown represent emissions
from the highest emitting
year. CO = 2016; NOx = 2016; ROG = 2032; SOx = 2031; PM10
= 2016; PM2_5
= 2016
Operational Emissions
Operational emissions are ongoing emissions that will occur over the life of the project. They
include area source emissions, emissions from energy (electric and natural gas) demand, and
mobile source (vehicle) emissions. Tables 7 and 8, below, provide summaries of projected
emissions at operation of the proposed project for both the hotel and commercial scenarios for
planning area 6. For analysis purposes, it is assumed that build out of the project will occur in
2035.
-20-
Table 8
Millennium Palm Desert- PA 6 Hotel Scenario
Operational Emissions (lbs./day)
CO NOx ROG'
SOx PMto
PM2.5
Maximum Emissions 511.81 72.33 62.97
0.56 31.81
10.57
SCAQMD Threshold 550.00 100.00 75.00
150.00 150.00
55.00
Significant No No No
No No
No
Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated.
October 13, 2014.
I. ROG emissions do not reflect emissions from consumer products.
CEQA does not require
analysis of consumer product emissions.
Table 9
Millennium Palm Desert- PA 6 Commercial Scenario
Operational Emissions (lbs./day)
CO NO% ROG' SOz PMto
PM2.5
Maximum Emissions 503.86 65.68 61.68 0.51 30.75
9.94
SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00
55.00
Significant No No No No No
No
Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated.
October 13, 2014.
I. ROG emissions do not reflect emissions from consumer products. CEQA does not require
analysis of consumer product emissions.
As shown in the tables above, operational emissions will remain below SCAQMD thresholds of
significance for criteria pollutants under both hotel and commercial scenarios. The data reflect
mitigated operations, including the use of energy -efficient appliances, and access to alternative
modes of transportation within the project (public transit, walking, bicycles). A comprehensive
list of operational mitigation measures are provided in Table 5.
Non -Attainment
Historically, the Coachella Valley, which includes the proposed project site, has been classified
as a "non -attainment" area for PM,o. In order to achieve attainment in the region, the 2003
Coachella Valley PM,o Management Plan was adopted, which established strict standards for
dust management for development proposals. The SSAB is currently a non- attainment area for
PM,,) and is classified as attainment/unclassifiable forPM2.5-
The proposed project will contribute to an incremental increase in regional ozone and PM10
emissions. However, this impact is not expected to be cumulatively considerable. Project
construction and operation emissions will not exceed SCAQMD thresholds for PMto or ozone
precursors, and appropriate mitigation measures will be implemented that will further reduce
emissions. Impacts associated with air quality standards or existing air quality violations are
therefore considered less than significant with mitigation incorporated.
d) Less than Significant with Mitigation. To determine if the proposed project has the potential to
generate significant adverse localized air quality impacts, the 5-acre mass rate LST Look -Up
Table for SRA 30 (Coachella Valley) was utilized. The nearest sensitive receptor is a single-
family residential development located west of Portola Avenue, adjacent to Planning Areas 1 and
2. Based on aerial mapping, the nearest residence is approximately 60 meters from the project
area boundary. Therefore, LSTs are summarized in the table below for sensitive receptors
located approximately 50 meters from the emission source for a conservative analysis. Emission
-21-
estimates reflect all phases of construction including site preparation, grading/excavation,
building, paving, and architectural coating. It should be noted that the project emissions set forth
below assumes build out of the entire project area (152.2 acres). In reality, the planning areas
will build out gradually over the next 10-20 years beginning with Planning Area 1. As shown in
Table 10 below, LST thresholds will not be exceeded during construction of the project.
Table 10
Localized Significance Thresholds
(pounds per day)
Project Emissions'
CO NO, PM10 PM2.5
PA 6: Hotel
253.15 75.14 23.14 7.08
PA 6: Commercial
237.23 70.45 21.61 6.62
LST
3,237 340 44 11
Exceed?
No No No No
Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated.
October 13, 2014.
1. Maximum emissions per year.
Emissions shown represent emissions from the highest
emitting construction year. CO =
2016; NOx = 2016; ROG = 2032, SOx = 2031; PM10 =
2016, PM,, = 2016
Health Risk Assessment
A Health Risk Assessment (HRA) was prepared for the project to assess the possibilities of
cancer risks from diesel particulate mater (DPM) emissions associated with the I- 10 Freeway and
rail line. DPM is considered a toxic air contaminant (TAC) defined as an air pollutant which may
cause or contribute to an increase in mortality or serious illness, or may pose a hazard to human
health. SCAQMD has developed thresholds for cancer risk when a project generates cancer risk
by the land uses it proposes (for example, a factory emitting TACs). That threshold is 10 cancer
cases per million population. No such threshold has been developed for projects which do not
generate TACs, but occur near TAC generating facilities. SCAQMD has conducted a survey of
estimated risk throughout its basins. The SCAQMD MATES -IV Study determined that the
average cancer risk in the South Coast Air Basin portion of Riverside County is 223 in one
million. Although the Study does not cover the entire project site, the southern portion of the
project area is estimated to have a cancer risk of 248 in one million, and to the southeast of the
project, east of Cook Street, the cancer risk is estimated to be 260 in one million.
A cancer risk represents the probability (in terms of risk per million individuals) that an
individual would contract cancer resulting from exposure to TACs continuously over a lifetime
exposure period of 70 years for sensitive receptors. Risk characterization for non -cancer health
hazards from TACs is expressed as a hazard index (HI). The HI is a ratio of the predicted
concentration of the project's emissions to a concentration considered acceptable to public health
professionals, termed the Reference Exposure Level (REL).
The nearest sensitive receptors being developed within the project site are the residential land
uses (Planning Areas 1, 7, and 8), and the City regional park (Planning Area 9). Results of the
HRA show that patrons of the park would experience levels of DPM exposure from rail and
freeway traffic ranging from 49 to 73 in one million, while residential uses would experience
levels ranging from 22 to 52 in one million without mitigation, with Planning Area 9
experiencing the higher risk of the three residential planning areas.
-22-
Table 11
TAC Thresholds
Receptor Placement
Unmitigated Cancer
Project Emissions
Number
Risk per Million
People
PA 1: Single Family Residential
1-4
22.37-33.72
PA 7: Multi -Family Residential
7,8
48.82-49.07
PA 8: Multi -Family Residential
5,6
50.57-52.03
PA 9: City Park
9-11
41.84-73.13
Source: "Millennium Village Health Risk Assessment," prepared by Kunzman Associates, Inc. October 6,
2014
The cancer risk at the project site will be higher than other areas of Riverside/San Bernardino
County, but much less than the average in the South Coast Air Basin, which is 260 in one
million. The impacts associated with the park represent a conservative value, insofar as park use
will be for short periods of time (as opposed to residency in the single family homes and
apartments). However, the results shown in Table 11 represent a potentially significant impact
associated with TACs, and require mitigation.
The threshold established for non -cancer risks associated with TACs is a Hazard Index increase
of 1.0 or greater. As calculated in the Health Risk Assessment, the Hazard Index increase of the
proposed project will be 0.045864, considerably less than the threshold of 1.0. Therefore,
impacts associated with non -cancer risks will be less than significant.
The HRA sets forth mitigation measures required to reduce DPM cancer risks for future residents
and park patrons. Mitigation requiring minimum efficiency reporting value (MERV) 16 filters
would remove a substantial amount of particulates, including DPM. Therefore, indoor (interior)
exposure to DPM (of particles greater than 0.3 microns) and consequently cancer risk would be
reduced by 90 percent, to 5.2 in one million, or half the threshold established for TAC-generating
land uses. Outdoor levels would still present a risk level of approximately 52 in one million at
residential uses and 73 in one million at the City Park, still considerably less than the average
risk in the Riverside County portion of the Air Basin of 223 in one million, and the current
cancer risk in the area surrounding the project site, which was estimated at 248 to 260 in one
million.
e) Less Than Significant Impact. The proposed project is not expected to generate objectionable
odors during any of the phases of construction or at project build out. The proposed project has
the potential to result in short term odors associated with paving and other construction activities.
However any such odors would be quickly dispersed below detectable thresholds as distance
from the construction site increases. Therefore, impacts from objectionable odors are expected to
be less than significant.
Mitigation Measures
As described in Table 5, and contained in the SCAQMD's management plans for the Coachella Valley,
the following measures will reduce emission and should be included in project grading and dust control
plans, as well as in construction and construction traffic staging:
1. All construction equipment shall be equipped with Tier 4 Interim engines when possible.
-23-
2. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time
to no more than 5 minutes.
The grading contractor shall certify in writing that all construction equipment is properly
serviced and maintained in good operating conditions. Certification shall be provided to City
Engineer for review and approval.
4. Diesel -powered construction equipment shall utilize aqueous diesel fuels, and be equipped with
diesel oxidation catalysts.
5. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City
Engineer. Said plan shall include but not be limited to the following best management practices:
• Chemically treat soil where activity will cease for at least four consecutive days;
• All construction grading operations and earth moving operations shall cease when winds
exceed 25 miles per hour;
• Water site and equipment at least 3 times per day;
• Operate street -sweepers on paved roads adjacent to site;
• Establish and strictly enforce limits of grading for each phase of development; and/or
• Stabilize and re -vegetate areas of temporary disturbance needed to accomplish each phase of
development.
• Wash off trucks as they leave the project site as necessary to control fugitive dust emissions.
• Cover all transported loads of soils, wet materials prior to transport, provide adequate
freeboard (space from the top of the material to the top of the truck) to reduce PM 10 and
deposition of particulate matter during transportation.
• Use track -out reduction measures such as gravel pads at project access points to minimize
dust and mud deposits on roads affected by construction traffic.
6. Construction equipment and materials shall be sited as far away from residential and park uses as
practicable.
7. Existing power sources should be utilized where feasible via temporary power poles to avoid on -
site power generation.
8. Imported fill and paving materials, as well as any exported material, shall be adequately watered
prior to transport, covered during transport, and watered prior to unloading.
9. Each portion of the project to be graded shall be pre -watered prior to the onset of excavation,
grading or other dust -generating activities.
10. The contractor shall notify the City of the start and end of grading and construction activities in
conformance and within the time frames established in the 2003 PM10 State Implementation
Plan.
11. Construction staging and management plans shall be reviewed and conditioned to require the
application of all reasonably available methods and technologies to assure the minimal emissions
of pollutants from the development. The City Engineer shall review grading plan applications to
ensure compliance with the mitigation measures set forth in this document and as otherwise
conditioned by the City.
&Z's
12. Residential units, daycare centers, or hospitals within 500 feet of the mainline of the I-10
Freeway shall be required to install high efficiency Minimum Efficiency Reporting Value
(MERV) filters of MERV 16 or better as indicated by the American Society of Heating
Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 52.2, in the intake of
ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed
with a fan unit power designed to force air through the MERV 16 filter.
13. To ensure long-term maintenance and replacement of the MERV 16 filters, the following shall
occur:
i) The developer, sales, and/or rental representative shall provide notification to all affected
tenants/residents of the potential health risk for all affected units.
ii) For rental units within 500 feet of the I-10 Freeway, the owner/property manager shall
maintain and replace MERV 16 filters in accordance with the manufacture's
recommendations. The property owner shall inform renters of increased risk of exposure
to diesel particulates from I-10 Freeway when windows are open.
For residential owned units within 500 feet of the 1-10 Freeway, the Homeowner's
Association (HOA) shall incorporate requirements for long-term maintenance in the
Covenant Conditions and Restrictions and inform homeowners of their responsibility to
maintain the MERV 16 filter in accordance with the manufacturer's recommendations.
The HOA shall inform homeowners of increased risk of exposure to diesel particulates
from the I-10 Freeway when windows are open.
Mitigation Monitoring and Reporting Program
A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall
review and approve project staging and detailed dust management plans. The dust control plan or
equivalent documentation shall also address issues of construction vehicle staging and
maintenance.
Responsible Parties: City Engineer, General Contractor
B. The City or its designee shall conduct regular inspections of the project and intervene when
contractor deviates from City -approved plans. Daily logs shall be maintained on the activities
and their conformance to the project's dust control plan.
Responsible Parties: City Engineer staff or designee
C. MERV 16 filters will be incorporated into building plans for all residential units within 500 feet
of the mainline of the I-10 freeway.
Responsible Parties: Building Department Plan Check staff
1). For rental units or residential properties within 500 feet of the 1-10 Freeway, the owner/property
manager shall maintain and replace MERV 16 filters in accordance with the manufacture's
recommendations.
Responsible Parties: Future property owners/managers.
-25-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IV. BIOLOGICAL RESOURCES --
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
X
plans, policies, or regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
X
plans, policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
X
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
X
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
X
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
X
approved local, regional, or state habitat
conservation plan?
Source: "PD 80, LLC Master Plan and Development Project Biological Resources Assessment," prepared by ANIEU Juiy
2014; Palm Desert General Plan, project materials.
IV a) Less than Significant with Mitigation. The subject property is located in an urbanized area of
the City and is adjacent to major roadways such as Interstate-10 and Gerald Ford Drive. The site
is currently vacant and surrounded by commercial development to the east, vacant lands to the
south and single-family residences to the west. Existing site conditions include areas of native
vegetation, areas affected by previous ground disturbing activities, small paved/gravel parking
areas, and areas of possible sediment dump sites.
-26-
AMEC Environment and Infrastructure prepared a Biological Resources Assessment of the area
in July 2014, including results from literature reviews and biological reconnaissance of the site.
The site includes areas that have been previously disturbed, and evidence of the application of
soil binders. Significant portions of the site exhibit characteristics of Stabilized and Partially -
Stabilized Desert Sand Field habitat. A total of 18 plant species were identified during the field
survey, 17% of which are non-native species. A total of 23 animal species were detected on the
project site during the site survey, including 5 reptiles, 15 birds and 3 mammals. Literature
review of the project vicinity indicated that 30 sensitive species could potentially occur in the
project area. The following discussion addresses sensitive species observed on -site.
Vegetation and Flora
Of the 12 sensitive plant species with the potential to occur in the planning area, only one occurs
onsite, the Coachella Valley Milkvetch (Astragalus lentiginosus var. coachellae). Based on the
requirements of the Coachella Valley Multiple Species flabitat Conservation Plan (MSHCP), the
project site is not located in an area that is to be conserved for Coachella Valley milk -vetch, and
impacts to this species can be mitigated through payment of the MSHCP fee described below.
CPncitiva Rini-,
There are five sensitive species of birds with the potential to occur onsite. Results of the field
survey found signs of two species within the project site, including Burrowing Owls (Athene
cunicularia) and the Loggerhead Shrike (Lanius ludovicianus). A burrow and Burrowing Owl
sign were identified on the western portion of the project area, and a Loggerhead Shrike was
observed on the site. Burrowing Owl are a state Specific of Concern, and are covered by the
MSHCP. The Loggerhead Shrike is also a Species of Concern, but is not covered by the
MSHCP. The Prairie Falcon (Falco mexicanus) has a low potential to occur onsite, and none
were observed.
The site contains suitable habitat and recent signs of burrowing owl activity. The CDFW requires
a protocol -compliant burrowing owl survey be conducted prior to any development activities
within a planning area. Mitigation measures are provided below.
Coachella Valley Multiple Species Habitat_ Conservation Plan
The City participates in the Coachella Valley Multiple Species Habitat Conservation Plan
(MSHCP), which is a comprehensive regional plan encompassing a planning area of
approximately 1.1 million acres and conserving approximately 240,000 acres of open space. The
Plan is intended to address the conservation needs of a variety of plant and animal species and
natural vegetation communities that occur in the Coachella Valley region. The project site is
located within the Coachella Valley Multiple Species Habitat Conservation Plan boundary, but is
not located in or adjacent to a conservation area. Development of the project will require
payment of the mitigation fee in place at the time that development occurs. This fee is designed
to mitigate impacts to locally sensitive species by allowing the purchase of conservation lands in
sensitive habitat areas. The payment of the fee will assure that most impacts associated with
sensitive species are less than significant.
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Migratory Bird Treaty Act
The Federal Migratory Bird Treaty Act (MBTA) requires that any vegetation or tree removal or
other ground disturbing activities occurring between January 1 and August 31 with the potential
to impact nesting birds be preceded by a nesting bird survey to determine if there is a potential
impact to such species. Conducting construction activities outside of the breeding season
(September 1 through December 31) can avoid having to implement such measures.
The mitigation measures set forth below will mitigate potential impacts to sensitive species to
less than significant levels.
b, c) No Impact. No riparian habitat or wetlands occur on or adjacent to the project site. Lands
surrounding the project do not include streams or rivers. The proposed project will have no
impact on riparian species or habitat, wetlands or other sensitive natural community.
d) No Impact. The proposed project area is highly urbanized, and does not provide substantial
wildlife corridors, which would facilitate migratory species' access. The project site is
surrounded on all sides by urban development, roadways, and is an isolated parcel of land. No
wildlife preserves or similar areas occur in the vicinity of the project area. The project will
therefore have no impact on migratory species or migratory wildlife corridors, or impede the use
of native wildlife nursery sites.
e, f) No Impact. The City implements the Coachella Valley Multiple Species Habitat Conservation
Plan. The proposed project will be required to pay the mitigation fee when development occurs.
This fee is designed to offset potential impacts and assure that impacts to sensitive species are
less than significant. The project will not impact local policies or conservation plans.
Mitigation Measures
1. To comply with the MBTA, any vegetation or tree removal, or other ground disturbing activities
occurring on any planning area between January 1 and August 31 with the potential to impact
nesting birds shall be preceded by a nesting bird survey to determine if there is a potential impact
to such species.
All vegetation and suitable nesting habitat (including open ground) on the project site, whether
or not it will be removed or disturbed, shall be surveyed for nesting birds. If no nests are present,
this mitigation measure will be concluded. If active nests of any native bird are found on site,
they will be avoided until after the young have fledged.
2. A protocol compliant burrowing owl survey will be conducted prior to the initiation of ground
disturbing activities on any part of the project site.
Mitigation Monitoring and Reporting Program
A. The City Engineer shall assure that necessary nesting bird surveys are completed in compliance
with the Migratory Bird Treaty Act and applicable CDFW protocol.
Responsible Parties: City Engineer
Schedule: Between January 1" and August 31" and no more than 30 days prior to site
disturbance.
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
V. CULTURAL RESOURCES -- Would
the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
X
' 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
X
to ' 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
X
feature?
d) Disturb any human remains, including those
X
interred outside of formal cemeteries?
Source: "Historical/Archaeological Resources Survey Report," prepared by CRM TECH, July 24, 2014; General Plan,
project materials.
V.a-c) No Impact. A Historical and Archaeological Resources Survey was conducted for the 152-acre
proposed site and planning area. Findings were established through a search of
historical/archaeological resources records, historical background research, contact with Native
American representatives, and an intensive -level field survey. Findings from the Eastern
Information Center (EIC) records search indicate that Site 33-003439, located in the northeast
portion of the project boundary, was recorded as containing scattered historic -period debris in
1988. In addition, Isolate 33-015432, consisting of a glass insulator, was recorded in the
northwestern corner of the property in 2006. However, results of the field survey found that
neither the site nor the isolate remains in existence today. The field survey did not identify any
other historic or archaeological resources on the site.
The City and the project area are well outside the boundary of ancient Lake Cahuilla, an area
where paleontological resources have occurred. Soils in the City are generally post -Pleistocene
age alluvium from the surrounding mountains, making them too young in the context of
paleontology to yield fossilized remains.
According to the Survey, there is no further evidence indicating the existence of historical,
archaeological, or paleontological resources within the project area. The proposed project is not
expected to impact such resources.
d) No Impact. It is not anticipated that any human remains will be encountered during development
of the proposed planning area because the site is not a known cemetery, nor is it located adjacent
to a known cemetery. However, should any previously unidentified or unanticipated human
remains be discovered during project construction, state law requires that law enforcement be
contacted, and the remains removed in a prescribed manner. The project will be subject to these
state requirements.
Mitigation Measures Mitigation Monitoring and Reporting Program
None required. None required.
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
VI. GEOLOGY AND SOILS -- Would
the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
X
State Geologist for the area or based on other
substantial evidence of a known fault?
ii) Strong seismic ground shaking?
X
iii) Seismic -related ground failure, including
X
liquefaction?
iv) Landslides?
X
b) Result in substantial soil erosion or the
X
loss of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
X
on- or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
X
(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
X
where sewers are not available for the
disposal of waste water?
Source: Palm Desert General Plan; Geotechnical Investigation Proposed PD 80 Centre at University Park," prepared by
Sladden Engineering July 21, 2014.
V1. a) A Geotechnical Investigation was prepared for the subject property by Sladden Engineering on
July 21, 2014. Results of the report, including recommended mitigation measures, are
summarized below.
Less Than Significant Impact. Results of the field study found no signs of active surface
faulting or secondary seismic effects, such as lateral spreading, on -site. The site is not located in
an Alquist Priolo Fault Zone. Risks associated with primary surface ground rupture is considered
"low" and are therefore less than significant.
ii. Less Than Significant Impact. The project site is located within an area identified as having
significant potential for groundshaking during an earthquake. The closest major fault system is
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the San Andreas located approximately 3.9 miles north of the project site, which is capable of
generating a magnitude 7.2 quake. Based on the USGS Interactive Deaggregation and shear
wave velocity of 320 m/s, the site could be subjected to ground motions on the order of 0.56g.
The peak ground acceleration at the site is judged to have a 475 year return period and a 10
percent chance of exceedance in 50 years.
All structures in the planning area will be subjected to this shaking, and could be seriously
damaged if not properly designed. The City requires that all new construction meet the standards
of the Uniform Building Code for Seismic Zone 4. In addition, the development
recommendations set forth in the Geotechnical Report and project -specific reports that will be
required for each development proposal within the project area will ensure the geotechnical
feasibility and safety of the proposed project. These standard requirements are designed to
reduce impacts related to strong ground shaking to less than significant levels.
iii. Less Than Significant Impact. According to the County of Riverside, the subject site is located
in an area of moderate liquefaction potential. However, findings from the field study conducted
by Sladden Engineering suggest that the risk associated with liquefaction is considered negligible
due to groundwater depths being greater than 50 feet. Impacts associated with liquefaction are
anticipated to be less than significant
Other forms of seismic related ground failure will be addressed through the development
recommendations set forth in the geotechnical report and adherence to standards of the Uniform
Building Code for Seismic Zone 4.
iv. No Impact. The proposed project site occurs on the Valley floor, far removed from hillsides.
According to Exhibit V-I of the General Plan, the project site is located in an area with low to no
susceptibility of being impacted by rock falls or landslides. There will be no impact associated
with landslides.
b) Less Than Significant Impact. The project site is located in an area susceptible to severe wind
erosion. The project will be required to implement a dust control and management plan as part of
the grading permit process, which will mitigate impacts associated with blowing dust and sand
(See Section III Air Quality). Once completed, the project will include impervious surfaces and
landscaped areas, which will stabilize soils. The impacts associated with soil erosion and loss of
topsoil will be less than significant.
c) Less Than Significant Impact. This project is not located within an area that is susceptible to
landslides, lateral spreading, liquefaction, or collapse.
According to the geotechnical report the site is located within a zone "susceptible" to subsidence.
Land subsidence can occur in valleys where aquifers have been subjected to extensive
groundwater pumping. The groundwater reduction can result in a rearrangement of skeletal
grains and could result in deformation of an aquifer system. The Coachella Valley Water District
(CVWD) has indicated commitment to groundwater replenishment programs intended to limit
future subsidence within the Coachella Valley. However, subsidence is considered a regional
problem requiring regional mitigation and not site -specific mitigation.
Although there has been recent documentation of subsidence occurring in the Coachella Valley,
Sladden found no fissures or other superficial evidence of subsidence on or near the site.
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Therefore, current and near future impacts due to subsidence are expected to be less than
significant.
However, building and seismic code requirements, in addition to recommendations set forth in
the Geotechnical Report, assure that the potential impact associated with ground subsidence is
reduced to less than significant levels through site preparation techniques such as ground
compaction.
d) Less Than Significant Impact. Expansive soils are considered a hazard due to the relatively
significant amounts of clay present in the lacustrine deposits of large lakes that once inundated
the Coachella Valley. Generally, site specific soil consists of sand (SP/SM). Results of laboratory
testing (EI=O) find that materials underlying the site are considered to have a "very low"
expansive potential and the risk of structural damage is considered low. Impacts will be less than
significant.
e) No Impact. The proposed project occurs in an urbanized area of the City. The proposed project
will be required to connect to sanitary sewer lines in the area, and no septic systems will be
permitted. No impact is expected.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
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VII. GREENHOUSE GAS EMISSIONS --
Would theproject:
Potentially
Significant
Impact
Less Than
Significant w/
Mitigation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
X
impact on the environment? (CaIEEMod)
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
X
emissions of greenhouse gases? (Development
Code; General Plan
Source: CaIEEMod Version 2013.2.2.
VII. a-b) Less Than Significant Impact. The proposed project will generate greenhouse gas (GHG)
emissions during both construction and operation. As mentioned in Section III (Air Quality),
CaIEEMod was used to quantify air quality emission projections, including greenhouse gas
emissions. Construction related greenhouse gas emissions will be temporary and will end once
the project is completed. Operation of the proposed project will create on -going greenhouse
gases through the consumption of electricity and natural gas, moving sources, the transport and
pumping of water for onsite use, and the disposal of solid waste. Table 12 provides projected
short-term and annual GIIG generation for the project as a whole, including the two potential
land use scenarios in Planning Area 6 (hotel and retail commercial).
Table 12
Projected GHG Emissions Summary
(Metric Tons)
Phase CO2e
Construction (20 year total)
Hotel Scenario 52,578.83
Commercial Scenario 49,395.64
Operational 2035 (Annually)
Hotel Scenario 11,674.25
Commercial Scenario 8,900.82
Source: CaIEEMod Version 2013.2.2.
As shown in Table 12, the commercial scenario for Planning Area 6 will generate fewer GHG
emissions than the hotel scenario. There are currently no adopted thresholds of significance for
GHG emissions for construction or operation of projects such as residential or commercial
developments. It is recognized that GIIG impacts are intrinsically cumulative. As such, project
construction and operation will be conducted in a manner that is consistent with applicable
rules and regulations pertaining to the release and generation of GHG's. Statewide programs
and standards will further reduce GHG emissions generated by the project, including new fuel -
efficient standards for cars, and newly adopted Building Code Title 24 standards. Finally, the
mix of residential, commercial and park uses within the project are likely to contribute to fewer
vehicle trips and an increase in non -motorized transportation. The proposed project will have a
less than significant impact on the environment from the emission of GHG's and will not
conflict with any applicable GHG plans, policies or regulations.
Mitigation Measures Mitigation Monitoring and Reporting Program
None required. None required.
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
VIII. HAZARDS AND HAZARDOUS
MATERIALS --Would theproject:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
X
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
X
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
X
waste within one -quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
X
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
X
airport, would the project result in a safety hazard
for people residing or working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety hazard
X
for people residing or working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency response
X
plan or emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
X
urbanized areas or where residences are
intermixed with wildlands?
Source: "Phase I Environmental Site Assessment," prepared by Terra Nova Planning and Research, Inc., May 2014;
California Department of Toxic Substances Control Hazardous Waste and Substance Site List, project materials, Palm Desert
General Plan.
Vlll. a,b) Less Than Significant Impact. The proposed project will result in residential units and
square feet of commercial development. Chemicals for household and business cleaning will be
present and transported or stored within the project. These will occur in limited quantities and are
not expected to represent a potentially significant impact. Businesses which store and sell
chemicals, such as pool supply stores or dry cleaners, may locate within the commercial parts of
the project. These businesses are highly regulated by the County and the State, including how
they store and handle the chemicals within their businesses. These requirements will assure that
the impacts associated with commercial quantities of chemicals will be less than significant.
The project site is immediately south of Interstate 10 freeway and the railroad right of way.
Hazardous materials are transported through the Palm Desert area along Highway 111, some
local roads, and on the Southern Pacific Railroad lines and the 1-10. For regional transport, the
freeway and railroad are the preferred transport route. Arterial streets are the preferred local
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truck routes. Designated truck routes in the City include Dinah Shore Drive, Gerald Ford Drive,
Monterey Avenue, and Highway I I I as well as portions of Bob Hope Drive, Frank Sinatra
Drive, and Country Club Drive. The City has established and adopted emergency response plans
for potential accidents on the freeway and on the railroad. These plans include the County's
Hazardous Materials Team, which is well trained in the proper handling of spills and similar
hazards. The proposed project does not propose sensitive receptors immediately adjacent to the
railroad. This will reduce potential impacts associated with hazardous materials spills. Further,
the railroad is separated from development areas on the project site by a drainage channel, and
the property occurs at a higher elevation than the railroad track. The channel will therefore act as
a physical barrier in the event of a railroad accident.
In the overall, the regulations, emergency response plans and physical features of the site will
assure that impacts associated with the transport, storage or use of hazardous materials will be
less than significant.
c) No Impact: There are no schools located or planned within one -quarter mile of the project site.
The two closest schools are Xavier College Preparatory High School, located 1.8 miles
northwest of the project area and University of California Riverside, Palm Desert Campus,
located one half mile southeast of the site. There will be no impact to the schools
d) No Impact: According the California Department of Toxic Substances Control Hazardous
Waste and Substance Site List, pursuant to Government Code Section 65962.5, the project site is
not located on or near a hazardous site. Therefore, no impacts are expected.
In addition, evidence for aboveground or underground storage tanks, clarifiers, sumps, or other
potentially hazardous material -containing structures were not encountered on any portion of the
site during the Phase I Environmental Site Assessments prepared for the property, nor was
documentation regarding such structures encountered.
e-f) No Impact: The proposed project is not located near an airport or airstrip. Bermuda Dunes
Airport is located approximately 5 miles southeast of the project site. Therefore the project will
not result in a safety hazard for people residing or working in he project area. No impact is
expected.
g) No Impact: The proposed project will be developed on the City's existing streets, and does not
propose to change the circulation pattern of these existing streets. The traffic impact analysis (see
Traffic and Circulation Section, below), found that City streets will operate at acceptable levels
of service. Therefore, emergency access and evacuation of the site will not be impaired by
project development. No impact is expected.
h) No Impact: The site is surrounded by development on all sides; the north side of the site is
bounded but railroad tracks and the I-10 freeway. There are no hillsides in the vicinity. The
project will not expose people or structures to widland fire hazards. No impact will occur.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IX. HYDROLOGY AND WATER
QUALITY -- Would the project:
a) Violate any water quality standards or waste
X
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
X
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which
X
would result in substantial erosion or siltation on- or
off -site?
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially
X
increase the rate or amount of surface runoff in a
manner which would result in flooding on- or off -
site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
X
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
X
g) Place housing within a 100-year flood hazard area
as mapped on a federal Flood hazard Boundary or
X
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood
X
flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
X
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
X
Sources: "Preliminary Hydrology Study for Millennium Village, TPM 36792" prepared by MDS Consulting, October 2014;
"Preliminary Hydrology Study for Millennium Village, TTM 36793" prepared by MDS Consulting, October 2014; "Project -
Specific Preliminary Water Quality Management Plan for Millennium Village, TPM 36792", prepared by MDS Consulting,
October; "Project -Specific Preliminary Water Quality Management Plan for Millennium Village, TTM 36793 "Infiltration
Testing for On -Site Storm Water Retention" for TTM 36792, prepared by Sladden Engineering, 7.14.14; "Geotechnical
Investigation (for) Proposed PD 80 Centre C University Park", prepared by Sladden Engineering, 7.21.14; "Water Supply
Assessment/Verification for the Millennium Village Project", prepared by Terra Nova Planning & Research, Inc., October
2014.
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IX.
a, e, f) Less Than Significant Impact. The subject property located at the bottom of the northeast -
facing slope of the Palm Springs Sand Ridge. On -site soils are comprised of sand, course sand
and silty sand to depths of up to 40-feet. The drilling logs indicate that no groundwater or
seepage was encountered to a depth of 50-feet. Percolation test pits were dug in the vicinity of
the Union Pacific Railroad right-of-way and near Gerald Ford Drive, with percolation rates
ranging from less that 1 inch per hour to over 8 inches per hour. A conservative infiltration rate
of 2 inches per hour was used for retention basin design.
The proposed project is expected to generate stormwater runoff with a range of pollutants, which
could include organisms, metals, nutrients, herbicides and pesticides, organic compounds, and
hydrocarbons and other petroleum -derived substances. The design of the project calls for on -site
stormwater retention for the 100-Year, 24-Hour storm. A variety of dedicated stormwater
retention basins and portions of the project park site will retain on -site flows, with any excess
flows being discharged to the surrounding street system. Impounded stormwater will percolate
into the underlying soils. This method of stormwater management will result in a generally
moderate to high effectiveness in pollutant removal.
The Water Quality Management Plans (WQMP) prepared for this project cite a variety of non-
structural and structural control best management practices (BMPs) that will be implemented.
These include the education of property owners, business owners and residents, activity
restrictions, irrigation and landscape management, and street sweeping. Also included are on -site
signage, and channel and slope protection. Based upon the water quality management plan
prepared for this project the proposed management scheme will not result in the impairment of
any receiving waters.
The project will not violate applicable water quality standards, will not discharge waste into the
project drainage system, nor exceed any waste discharge requirements. Neither will the project
otherwise substantially degrade water quality, create or contribute runoff water which would
exceed the capacity of any existing or planned stormwater drainage systems, or provide
substantial additional sources of polluted runoff.
b) Less Than Significant Impact. A Water Supply Assessment (WSA) and Water Supply
Verification (WSV) was prepared for the Millennium project and addresses the water demand
and supply conditions associated with buildout of the project. The WSA was approved by
CVWD on November 25, 2014. In addition to evaluating existing and future water demand for
the project, the WSA also evaluates the available existing and future water resources that the
local water purveyor, Coachella Valley Water District (CVWD), will use to meet future demand
throughout its service area.
The domestic (potable) water supply for the Project will be the Whitewater River Subbasin in the
Coachella Valley. Groundwater Storage will be used in dry years to make up the difference
between the demand and the supply. The groundwater basin has a storage capacity of
approximately 28.8 million ac-ft and currently contains approximately 25 million ac-ft. It is
capable of meeting the water demands of the Coachella Valley for extended normal and drought
periods.
CVWD has many programs to maximize the water resources available to it, including recharge
of the basin using its Colorado River and State Water Project (SWP) supplies, recycled
wastewater, desalinated agricultural drain water, conversion of groundwater -dependent uses to
-37-
canal water, and water conservation including tiered water rates, landscaping ordinance, outreach
and education. The CVWD groundwater replenishment programs establish a comprehensive and
managed effort to eliminate overdraft. These programs allow CVWD to maintain the
groundwater basin as its primary water supply and to recharge the groundwater basin as its other
supplies are available. Since 2002, CVWD has purchased 115,250 acre-feet of additional SWP
Table A water per year.
The proposed project encompasses 152.2f acres of vacant land and at build -out will provide a
blend of mixed -use development with an equivalent of up to 442,000 square feet
retail/commercial buildings; I10,000 square feet of office/service buildings; 27 acres of City
Park; 250 hotel rooms; and up to 758 residential units. The project also includes areas to be
preserved and maintained for use as storm water retention basins and residential common areas.
The Project is comprised of 10 individual planning areas to be developed over a phased 10-20
year build out.
The highest estimated total domestic water demand for the Project's indoor and outdoor use is
approximately 350 acre-feet per year (AFY) and accounts for approximately 0.14 percent of the
total projected growth in water demands presented in the 2010 CVWMP Update for the period
from 2010 to 2035. These project -specific water demand estimates account for all landscaping,
residential/commercial/business park users, pools, City park maintenance, medians and
catchment basins.
Based upon the supply/demand analyses conducted for this project, CVWD has indicated that
there are sufficient water supplies available to meet the demands of the project in addition to
current and planned future water users, including manufacturing, industrial, and agricultural
users, for the 25-year period between 2010 and 2035. The quantity of water available in the
groundwater basin, in addition to imported water supplies, assures that sufficient supplies are and
will continue to be available through 2035 and beyond. In addition, CVWD has and will
continue to invest resources in promoting water efficient practices throughout its service area
thereby reducing overall demand. Also, more stringent requirements will be placed on other new
development in all sectors, thereby further reducing future water demand.
Therefore, based upon the analysis of water supplies and projected long-term demand, the
project will have a less than significant impact on groundwater supplies and will not interfere
with groundwater recharge.
c, d) Less Than Significant Impact. The subject property is located in the northern portion of Zone
3 and Drainage Area # 8 of the City Master Drainage Plan, which is bounded by Portola Avenue
on the west, the Union Pacific Railroad lines and US Interstate-10 on the north, Cook Street on
the east and the Palm Springs Sand Ridge on the south. The site is located near and at the bottom
of the northeast -facing slope of the Palm Springs Sand Ridge. On -site soils are comprised of
sand, course sand and silty sand to depths of up to 40-feet. The drilling logs indicate that no
groundwater or seepage was encountered to a depth of 50-feet. Percolation test pits were dug in
the vicinity of the Union Pacific Railroad right-of-way and near Gerald Ford Drive, with
percolation rates ranging from less that 1 inch per hour to over 8 inches per hour. A conservative
infiltration rate of 2 inches per hour was used for retention basin design.
A hydrology analysis was conducted for this project in conformance with Palm Desert Ordinance
No. 1247, Section 26.49.060 for on -site stormwater retention facilities. The 100-year, 24-hour
storm was used for this analysis. Plans call for 10-Year storm flows to be contained within
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discrete basins, with the 100-Year runoff to be stored in these basins and within an integrated
retention basin within Parcel 9 (Park Site). Planned on -site retention basins are sized for a
combined capacity of 17.21 acre-feet to accommodate the calculated 14.5f acre-feet of runoff to
be channeled to these basins. The abandoned Mid -Valley Channel will provide 8.02f acre-feet of
storage, which once exceeded (by a storm greater than the 10-Year) will discharge into the Park
retention basin, which will have a capacity of 8.0± acre-feet. Any secondary overflow (> 100-
Year Storm) from these various on -site basins will discharge into adjoining streets.
The prevailing drainage pattern on the subject property is affected by both natural and manmade
structures. The site is located on and at the bottom of the northeast -facing slope of the Palm
Springs Sand Ridge, which extends from about DaVall Drive in Rancho Mirage to Tamarisk
Row Drive to the east. The northwest/southeast trending Union Pacific Railroad and US
Interstate-10 corridor follows the prevailing valley gradient and form the north boundary of the
project site. The now abandoned Mid -Valley Stormwater Channel also lies along the northeast
project boundary and will be used as a part of the on -site stormwater retention for the subject
project.
The proposed project will continue to drain in a manner consistent with the current on -site
drainage pattern. As noted, the now -abandoned Mid -Valley Stormwater Channel is located near
the bottom of the existing drainage pattern and that relationship will be maintained by the current
project design. Therefore, the project will not substantially alter the existing drainage pattern of
the site or area, no alteration of the course of a stream or river will result, nor will the project be
developed in a manner that would result in substantial erosion or siltation on- or off -site. Neither
will the project substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or off -site
g, h) No Impact: The subject property is not located in a floodplain either designated by the Federal
Emergency Management Agency (FEMA) or the regional flood control agency (CVWD).
Development of the project will not place housing within a 100-year flood hazard area. Neither
will the project place structures within a 100-year flood hazard area, structures which would
impede or redirect flood flows.
i, j) No Impact: As noted above, the proposed project is located outside a FEMA or regionally
designated floodplain. Neither are there dams or other bodies of water upstream of the subject
property. Upstream slopes are stable. Therefore, the project will not expose people or structures
to a significant risk of loss, injury or death involving flooding, including flooding as a result of
the failure of a levee or dam, or from inundation caused by seicheing, or from a tsunami or
mudflow.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-39-
Potentially
less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
X. LAND USE AND PLANNING -
Would the project:
a) Physically divide an established
X
community?
b) Conflict with any applicable land use
plan, policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
X
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
X
conservation plan?
Source: Palm Desert General Plan, project materials.
X. a) No Impact: The project site is currently vacant. It will not divide an established community. No
impact is expected.
b) Less than Significant Impact. The General Plan designates the majority of the site for Business
Park development, while the northeastern corner of Gerald Ford and Portola (40 acres) is
designated for Open Space -Public Park, and the northwestern corner of Gerald Ford and
Technology (30 acres) is designated for Mixed Use. The majority of the subject property is
currently zoned for Planned Commercial Development, while the northwestern corner of Gerald
Ford and Technology Drive (30 acres) and the southeastern corner of Portola and the railroad (27
acres) are zoned for Planned Residential.
The project proposes both zoning and General Plan amendments to accommodate all land uses
planned for the Millennium Palm Desert project. The project includes residential, commercial
and business park land uses, as well as a public park. The mix of land uses will vary in terms of
acreage from that currently proposed in the General Plan and Zoning Ordinance maps, but will
not be substantially different from those maps. The proposed land uses are consistent with land
uses immediately surrounding the site, which include residential, commercial and business park
uses.
The proposed Master Plan includes provisions for development standards that are generally
consistent with those in the Zoning Ordinance. Specific variations from the Ordinance include
increased height standards in the commercial areas of the plan, and variations to setback
requirements. These variations, if approved, are not significant changes to the City's standards,
and are allowed under the Municipal Code's provisions for Development Agreements.
As a result, impacts associated with the City's land use plans and policies are expected to be less
than significant.
-40-
c) No Impact: The project does not conflict with any applicable habitat conservation plan areas.
The project site is within the boundary of the MSHCP, but is not within a conservation area. The
proposed project will be required to pay development fees in conformance with the MSHCP (See
Section IV. Biological Resources). There will be no conflict with the Plan.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-41-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XI. MINERAL RESOURCES -- Would
the project:
a) Result in the loss of availability of a
known mineral resource that would be of
X
value to the region and the residents of the
state?
b) Result in the loss of availability of a
locally -important mineral resource recovery
X
site delineated on a local general plan,
specific plan or other land use plan?
Source: Palm Desert General Plan, project materials.
XI. a,b) No Impact. As described in the General Plan, the project site is located in Mineral Zone MRZ-
3, which indicates an area containing mineral deposits, however the significance of these
deposits cannot be evaluated from available data. The project site occurs in an urban setting, and
is not designated for mineral resources. The site consists of 9 individual planning areas that are
designated for commercial, residential, business park and parkland uses. Development of the
proposed project will not impact mineral resources.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-42-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XII. NOISE - Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or noise
X
ordinance, or applicable standards of other
agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
X
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity
X
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the
X
project vicinity above levels existing without
the project?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
X
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a
private airstrip, would the project expose
X
people residing or working in the project
area to excessive noise levels?
Source: City of Palm Desert General Plan, "Gateway Village Project Noise Impact Analysis," Kunzman Associates,
September 21, 2014
XII.
a), c), d) Less than Significant with Mitigation. A Noise Impact Analysis was prepared for this project
by Kurtzman Associates. The study considered existing noise and noise sources on the site, the
noise levels that can be expected from the build out of the project, and future noise sources in the
immediate area. The findings of the study are summarized below.
Noise levels in the City's General Plan are quantified on the basis of the Community Noise
Equivalent Level (CNEL), which is a measurement scale that sets appropriate levels of noise
based on land use types. Sensitive receptors, such as residences and schools, have a lower
acceptable CNEL level than commercial or business park noise levels. CNEL is a 24 hour
weighted scale that considers the more sensitive time periods in the evenings and at night, and
weights them accordingly. The General Plan establishes an outdoor noise level for residential
land uses at 65 dBA CNEL.
It is generally accepted that the human ear can barely perceive changes in noise of 3 decibels
(dBA), while a 5 dBA increase or decrease in noise is easily perceived by most people.
-43-
The noise study considered the land uses proposed on the site, the trips those land uses would
generate, and the increase in ambient noise in the project area to predict future noise levels.
Using the Federal Highway Administration Traffic Noise Prediction Model, future noise levels
were estimated. In addition, because of the project's proximity to the Union Pacific rail right of
way, the CREATE Rail Noise Model was used to quantify rail noise impacts. Currently, there are
32 freight trains per 24 hours passing on the tracks next to the site.
Construction Noise
Construction noise will occur throughout the build out of the project, as each planning area is
developed. Construction noise, however, is temporary and periodic. The loudest construction
noise is generally the grading phase, when more heavy equipment is used more consistently on a
site. Bulldozers can generate noise levels of up to 90 dB at 50 feet of distance, while heavy
trucks can generate up to 94 dB at the same distance. The noise study considered a worst case
scenario of six pieces of equipment operating simultaneously adjacent to planning area 1, with
single family homes constructed. The unmitigated noise levels could reach 77.4 dB at the
property line of the nearest homes. This represents an unacceptable noise level that would
require mitigation. A number of mitigation measures are included below to address construction
noise. These mitigation measures will alleviate noise levels during construction activities.
Operational Noise
The most significant source of noise in the project area is vehicle traffic noise, primarily from the
I-10 freeway, and also from local streets. Based on noise measurements taken on the site for the
noise study, current noise levels range from 53.6 dBA to 66.2 dBA. The study found that the
combined future noise level (both for traffic noise and rail noise) will be 84 dBA CNEL at the
northeastern boundary of the site. The 70 dBA CNEL noise contour from the I-10/Rail right of
way is 125 feet from the rail tracks, and the 65 dBA CNEL noise contour is 222 feet from the rail
tracks. On Gerald Ford Drive and Portola Avenue, the 65 dBA CNEL noise contour occurs at
412 feet from the centerline. These are all unmitigated noise contours.
The construction of buildings on the site will reduce noise levels from the I-10 and rail lines, and
along Portola Avenue and Gerald Ford Drive. Because the site plans for the majority of the site
have not been developed, the noise levels for specific projects cannot be estimated at this time,
with the exception of the Planning Area 1 noise levels, which have been modeled based on the
proposed Tract Map.
At the closest rear yards of the single family homes on Gerald Ford Drive and Portola Avenue,
the unmitigated noise level would be expected to reach 68.9 dBA CNEL. This noise level
exceeds the City's General Plan standard, and requires mitigation. The installation of a six foot
wall would reduce the noise levels in the closest rear yards by 5 dB, which would result in an
acceptable 63.9 dBA CNEL noise level for those homes. The noise levels for interior lots would
be further reduced by distance and intervening homes, and would therefore have noise levels
lower than the City's minimum standards.
Interior noise levels are required by the Building Code to be 45 dBA CNEL with windows
closed. Noise levels of 72.4 dBA CNEL will occur at Gerald Ford Drive adjacent to the multi-
family planning areas (7 and 8). The interior noise levels will need to be reduced by 39 dB on the
north side of these planning areas through construction techniques. For example, the inclusion of
air conditioning and mechanical ventilation will reduce the noise levels by 15 to 20 dB, while the
installation of resilient channels or double levels of sheet rock reduces noise levels by 25 to 30
dB. Because the design of the multi -family units is not known at this time, noise analysis should
-44-
be conducted as each project is processed by the City, to assure that site -specific noise mitigation
is included in the designs.
Finally, the General Plan's noise level standard for parks is 70 dBA CNEL. The proposed parks
noise level will exceed the City's standard without mitigation. In order to lower noise levels to
the acceptable standard, a wall must be constructed to a height that blocks the line of sight
between the park and the rail tracks.
With the implementation of mitigation measures, noise levels on the project site will be at
acceptable levels.
b) Less than Significant Impact. Vibration impacts are difficult to predict because they are
entirely dependent on the soil types that the vibration wave travels through. There are three types
of vibration -- vibration traveling on the ground surface, compression waves and shear waves.
Surface vibration can be compared to the ripples that result from throwing a rock into water. The
energy dissipates as the waves expands away from the source. Compression waves carry energy
in a push-pull motion, while shear waves carry energy in a side -to -side motion. Because of the
wave effect of vibration, it becomes less intense as it moves away from the source. The rate of
reduction is dependent on the type of soil through which the wave travels. Vibration is described
in terms of particle velocity, or PPV. Vibration impacts are considered to be significant if they
produce more than 0.2 inches per second PPV. The equipment most likely to be used on the
project site was analyzed on the basis of the vibration it creates. The equipment to be used on the
site will not result in vibration exceeding 0.2 inches per second.
As a result, the impacts associated with vibration will be less than significant, and mitigation is
not necessary.
e, f) No Impact. The project is located approximately 5 miles west of the Bermuda Dunes Airport.
Although an occasional overflight is likely, the approach patterns do not occur in the vicinity of
the proposed project. There are no private airstrips in the area. Therefore, there will be no impact
associated with airport noise.
Mitigation Measures
1. During all project site excavation and grading on -site, construction contractors shall equip all
construction equipment, fixed or mobile, with properly operating and maintained mufflers,
consistent with manufacturer standards.
2. The contractor shall place all stationary construction equipment so that emitted noise is directed
away from nearby single-family detached residential dwelling units.
The contractor shall locate equipment staging in areas that will create the greatest distance
between construction -related noise sources and sensitive receptors nearest the project site during
all project construction.
4. The construction contractor shall limit haul truck deliveries to the same hours specified for
construction equipment.
5. For the duration of construction activities, the construction manager shall serve as the contact
person should noise levels become disruptive to local residents. A sign should be posted at the
project site with the contact phone number.
-45-
6. Site specific noise analysis shall be prepared for planning areas 7 and 8 when site plans are
finalized. The noise analysis will include any necessary mitigation measures to assure exterior
noise levels of 65 dBA CNEL for recreation areas, and 45 dBA CNEL for interior spaces.
7. Assuming residential units will be developed near the property lines, approximately 39.0 dB of
exterior to interior noise attenuation shall be provided for units situated along the
north/northeastern property lines of Planning Areas 7 and 8; and 27.4 dB of exterior to interior
noise attenuation will be necessary for units along the western and southwestern property lines.
Construction of the proposed office park and commercial buildings will be required to comply
with Section 5.507 of the California Green Building Standards which require wall and roof -
ceiling assemblies to achieve STC ratings of at least 50 and windows to have a minimum STC
rating of 30. The City Building Department will require evidence showing that assembly/wall
combinations will be utilized that meet these requirements.
9. In order to be consistent with this the City's land use compatibility standards, parks in the project
area should be shielded from noise associated with the I-10 Freeway, the Union Pacific Rail Line
and Portola Avenue Gerald Ford Drive using noise buildings or noise barriers. The barriers
should be high enough to block the line of sight between the roadway(s) and rail and the
receiver.
10. In order to reduce backyard noise levels to below 65 dBA CNEL, a six foot barrier shall be
constructed between proposed single-family detached residential lots abutting Gerald Ford Drive
and Portola Avenue. This barrier should be continuous with no holes or cracks.
Mitigation Monitoring and Reporting Program
A. The Building Department will review and approve construction staging areas for their location
away from existing single family homes prior to the issuance of grading permits.
Responsible Parties: Building Official, General Contractor
B. Site specific noise analysis shall be completes prior to approval of projects on planning areas 7
and 8.
Responsible Parties: Planning Department, Future Developers
C. Building plans for residential projects on planning areas 7 and 8 will meet the requirements of
Section 5.507 of the California Green Building Standards.
Responsible Parties: Building Official, General Contractor
D. Plans for the City park shall include a sound wall along the northern property line.
Responsible Parties: Parks and Recreation Department, Planning Department
-46-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XIII. POPULATION AND HOUSING —
Would the project:
a) Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
X
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
X
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
X
housing elsewhere?
Source: CA Department of Finance, Report E-5 accessed August 2014; project materials.
X111. a) Less than Significant Impact. Development facilitated by the proposed project will both
directly and indirectly induce limited population growth in the area. The proposed project will
result in up to 758 residential units and about 552,000 square feet of commercial/retail
development. According to the California Department of Finance, the 2014 household size in
Palm Desert is 2.14 persons per household. The proposed housing units will add approximately
1,622 additional persons to the City's population. Additionally, the project has the potential to
indirectly induce population growth through job creation associated with the proposed
commercial and business park development.
The proposed project is expected to develop over a period of 10 to 20 years. The Southern
California Association of Governments (SCAG) anticipates that the City's population will grow
from its current 50,000 residents, to 56,800 in 2035. The proposed project will be part of that
growth. In addition, SCAG estimates that the City will have a need for 6,800 new jobs between
2008 and 2035. The commercial and business park components of the project will provide for
some of these jobs, and will expand employment opportunities in the City. Development of the
project will not result in any major extensions of roads and other infrastructure that would
directly or indirectly attract additional population to the area. Impacts to population growth are
expected to be less than significant and will be absorbed by the natural growth of the City over
time.
b-c) No Impact. The project area is currently vacant it will not displace existing housing and
replacement housing will not be required elsewhere. Proposed residential land uses within the
planning area include both single family and multi -family developments. The project will result
in no impact relating to displacement of people or housing.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-47-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XIV. PUBLIC SERVICES
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
Fire protection?
X
Police protection?
X
Schools?
X
Parks?
X
Other public facilities?
X
Source: City of Palm Desert General Plan; project materials.
XIV.
a) Fire
Less Than Significant Impact. Fire services for the City of Palm Desert are provided by the
Riverside County Fire Department. The service contract for fire protection is entered into jointly
by the member jurisdictions of the Cove Communities Service Commission. This means the
cities of Palm Desert, Rancho Mirage and Indian Wells cooperate in the maintenance and
operation of fire stations in the cities. Due to this contract the City of Palm Desert receives
additional fire support from station No. 55 in Indian Wells and Stations No. 50 and No. 69 in
Rancho Mirage, in addition to the services provided by its own stations. In total The Cove
Communities Fire Department has 84 personnel, distributed among the three cities, all of which
operate under a Regional Fire Protection Program. This means the station physically closest to
the emergency will respond even if it is outside the stations' official jurisdiction. The level of
service equates to 1.59 personnel per 1,000 populations. There are three fire stations located
within the boundaries of Palm Desert. Station No. 33, south of Fred Warning Drive serves as the
division headquarters. There are 24 crewmembers, one engine, one ambulance, one company
truck and a reserve truck.
Implementation of the proposed project will result in an increased demand for fire protection. It
should be noted that future development is expected to be phased, allowing the Fire Department
time to gradually increase necessary resources. The development within the project, however,
will contribute to the maintenance of fire services through the City's structural fire tax, which is
assessed on property tax bills, and assures that the City can continue to provide fire services as
development occurs.
All development plans for the project will be subject to review by the Fire Marshal and will be
required to comply with all applicable fire codes. Development of the proposed project will
result in less than significant impacts to fire services.
-48-
Police
Less Than Significant Impact. The Palm Desert Police Department is located one half mile
west of the project site on Gerald Ford Drive. The police department consists of 70 sworn
officers that include 45 deputies, 10 of which are dedicated to traffic enforcement. The City of
Palm Desert currently provides about 1.75 sworn officers for every 1,000 residents. The average
response time for the highest priority emergency calls was 4.6 minutes.
Development of the proposed project will increase the need for police services to the project
area. The proposed project will generate sales and property tax and in this manner contribute to
the offset of its increased demand.
All development associated with the proposed project will be subject to review by the City
Police Department review and will include review for defensible space and adequate levels of
security lighting around buildings, parking lots and other areas. Impacts associated with the
provision of police services are expected to be less than significant.
Schools
Less than Significant Impact. There are two school districts that provide public education to
the City of Palm Desert; Desert Sands Unified School District (DSUSD) and Palm Springs
Unified School District (PSUSD). DSUSD serves most of the developed portion of Palm Desert,
south of Frank Sinatra Drive and east of Washington Street. PSUSD includes northwestern Palm
Desert.
The proposed project is located within the PSUSD. PSUSD continues to plan for expanded
facilities to serve the growing population within the District boundaries. Based on current
developer impact fees of $3.42 per square foot of residential development and $0.54 per square
foot of commercial and industrial development, the following table provides an estimate of
developer impact fees that development within the proposed project could generate at build -out.
It should be noted that actual revenues will be based on size of residential units, which has not
yet been determined. Payment of the State mandated developer fee will help address and offset
the potential impacts to local schools, reducing impacts to less than significant levels.
-49-
Table 13
Estimated School Mitigation Fees at Buildout
Average
Dwelling
Square
Estimated
Planning
Land Use
SF Per
Units
Footage
School
Area
Unit'
(DU)
(SF)
Mitigation Fees
1
Single Family Residential2
2,100
166
348,600
$1,192,212
7
Multi -Family Residential
800
330
264,000
$902,880
8
Multi -Family Residential
950
200
190,000
$649,800
Subtotal
3,850
696
802,600
$2,744,892
2
Retail Commercial
35,000
$18,900
3 Retail Commercial 235,000
$126,900
4 Business Park 110,000
$59,400
5 Retail/1-lotel 37,000
$19,980
6 Retail Commercial 134,000
$72,360
Subtotal 552,000
$297,540
TOTAL $3,042,432
1. Average square footage estimates for analysis purposes. Actual square footage may vary.
2. Based on TTM for planning area 1.
Parks
Less Than Significant Impact. Palm Desert has various parks within the city limits. The Palm
Desert Civic Center Park is located on approximately 70 acres of land at the northeast corner of
Fred Waring Drive and San Pablo Avenue with an adjacent dog park. The civic center park
include six tennis courts, four volleyball courts, a date grove, a skateboard park, three basketball
courts, amphitheater, playground facilities, picnic pavilions, restrooms and as of recently a water
park. Other parks include; Palm Desert Soccer Park, located on the south side of Hovely Lane
East, Ironwood Park, Portola Park, located on Magnesia Falls Drive, Palm Desert Country Club
neighborhood Park, located on the north side of California Drive and two school parks; Sports
Complex and Cahuilla Hills Park.
The Quimby act requires developers to dedicate parklands or pay a development fee for every
new 1,000 residents resulting from the proposed residential subdivisions. The residential
components of the project will be subject to Quimby fees to offset their needs for park space. In
addition, the project will include 27 acres of City parkland (Planning Area 9) along the northern
boundary of the project area. Impacts associated with parks are expected to be less than
significant.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-50-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XV. RECREATION --
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
X
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
X
might have an adverse physical effect on the
environment?
XV. a, b) Less Than Significant Impact. The proposed project will increase the use of existing
neighborhood and regional parks. It will add an estimated 1,622 persons to the City of
Palm Desert population and will also include a 27-acre park within the project. The
residential components of the proposed project will have to participate in the City's
parkland fee program to offset impacts associated with the 1,622 new residents of the
project. With the development of the proposed park within the project, the City will
expand its recreational opportunities for residents in this part of the City, beyond the
proposed project. Impacts are expected to be less than significant.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-51-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XVI. TRANSPORTATION/TRAFFIC --
Would the project:
a) Conflict with an applicable plan,
ordinance or policy establishing measures of
effectiveness for the performance of the
circulation system, taking into account all
modes of transportation including mass
X
transit and non -motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other standards
X
established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
X
or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
X
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
X
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
X
pedestrian facilities, or otherwise decrease
the performance or safety of such facilities?
Sources: "Gateway Village Project Traffic Impact Analysis", prepared by Kunzman Associates November 24, 2014; City of
Palm Desert General Plan Circulation Element and General Plan EIR, 2004.
XVI. a) Less Than Significant Impact. A detailed traffic impact analysis (TIA) was prepared for the
proposed project by Kunzman Associates, the preparation of which was preceded by City
approval of an analysis scoping document. The traffic analysis was based upon an analysis of
existing roadway conditions in the project vicinity, a variety of traffic count sources (including
peak hour counts collected by the consulting traffic engineers), the General Plan Circulation
Element, planned roadway improvements and other data and information.
In addition to the review and analysis of the General Plan Circulation Element and other
documents regulating roadway development in the City, the project traffic engineer and project
planners also evaluated all modes of transportation, including individual motor vehicle travel,
mass transit and non -motorized travel, and relevant components of the circulation system,
including but not limited to intersections, streets, local highways, pedestrian and bicycle paths.
-52-
The applied measures of effectiveness for the performance of the circulation system were
derived from applicable City and County standards.
A variety of major roadways serving the project site and the vicinity were evaluated for their
existing and planned capacity, and included US Interstate-10, Cook Street, Gerald Ford Drive,
Technology Drive, Dinah Shore Drive, Portola Avenue, Monterey Avenue, Bob Hope Drive and
Varner Road. In addition, a total of twenty-two (22) intersections were evaluated for current and
future operating conditions. These included as yet unbuilt facilities, including the forthcoming
Portola AvenuelI-10 interchange and the extension of Dinah Shore and Technology Drive
through the subject property.
It should also be noted that the analysis is somewhat conservative and probably overstates the
volume of traffic that will be generated by the project at build out. Specifically, the peak hour
traffic estimates probably overstate existing condition volumes at key intersections. Equally
importantly, the land use allocation model used to generate project traffic assumes approximately
87,000 square feet of retail commercial space than is currently anticipated for development.
It should also be noted that the study area is currently served by the SunLine Transit Agency via
its Route 32 service line, which runs along Monterey Avenue, Dinah Shore Drive, Bob Hope
Drive, and Country Club Drive. The area is also served by SunLine Transit Agency Route 53,
which serves Cook Street, Gerald Ford Drive, Country Club Drive, and Portola Avenue.
Existing Conditions Summary
As noted above and as analyzed in the project traffic impact analysis, 22 area intersections were
analyzed, of which 19 are fully or partially constructed. All of the 19 existing intersections are
currently operating at acceptable Levels of Service (LOS), that is at LOS C or better (Table 1 of
TIA). Existing mid -block traffic volumes include the following:
Cook St. with 23,000± vehicles per day (vpd) and 27,900± vpd south and north of Gerald
Ford Drive, respectively (TIA Figure 6)
Gerald Ford Dr. with 8,000± vpd east of Cook Street and 11,900± vpd east of Portola
Avenue
• Portola Avenue with 9,000± vpd and 9,800± vpd north of Gerald Ford Drive, respectively.
Project_Impacts
Trip generation was calculated by land use type (single family and multi -family residential, retail
commercial, business park, city recreational park, and hotel uses), and were calculated using the
reference Trip Generation, 9" Edition (2012) prepared by the Institute of Transportation
Engineers (ITE).
The TIA calculates that, upon buildout, the project will generate approximately 35,907 daily
vehicle trips or average daily trips (ADT), with 1,200 ADT expected to be generated in the
morning peak hour and 2,317 ADT in the evening peak hour. It should also be noted that for
Planning Area (PA) 5 alternative land uses are proposed and were also evaluated in the TIA, and
resulted in slightly lower trips (Table 2a of TIA). PA 5 is planned to provide either 55,000 square
feet of retail commercial space or 250 hotel rooms.
Based upon the complementary mix of land uses and their interactions, which reduce project
traffic onto the surrounding arterial roadway network, an internal rate of trip capture of 13% was
applied to the trip generation calculations (15% for the hotel scenario). It should also be noted
-53-
that passer-by trips, that is trips that would be passing the project site in any event, were
estimated at 34% (Table 2b of TIA).
Trip distribution was based upon the existing and long-term roadway network serving the project
site and also on the type of land uses that are proposed for development. Based upon this
analysis, approximately 15% of project trips are expected to and from Cook Street, 40% to
Portola Avenue, 15% to Gerald Ford Drive west of Portola Avenue and 15% to Cook Street
south of Gerald Ford Drive (Figure 10 thru 27 of TIA). The distribution has been analyzed by
project PA and therefore the cited distributions should be considered representative of the project
overall.
Relevant Project Design Guidelines
The following are taken from the transportation and circulation design guidelines of the Master
Plan and further describe how the project design addresses vehicular and multi -modal
transportation.
Roads and Access Drives: The design of internal circulation elements will minimize
pedestrian/vehicle conflicts to the greatest extent possible. Structures are to be linked to public
sidewalks with textured paving, landscaping, or similar treatments.
Parkin Parking facilities are to be conveniently located, with street access made as direct as
possible. Wherever possible, parking areas should be visible from the residential units that use
them. Residential parking spaces not located within garages or carports should be shaded by
landscaping with effective summer shade of a minimum of 50%. Detached and attached garages,
carports, and accessory structures should be designed as integral parts of the project and
consistent with the principal structures of the project in their use of materials, color, and design
details. The preferred location for garages and carports is on the interior side of parking areas.
Garage doors should be steel or aluminum and may include wood cladding or metal to enhance
architectural compatibility. Roll -up types of garage doors are preferable.
Pedestrian Access: Pedestrian, bicycle and NEV access and circulation should connect planning
areas to encourage non -vehicular travel. Non -vehicular access should be integrated into project
site plans, occur on dedicated paths that protect pedestrians and bicyclists from automobiles, and
provide shaded areas and amenities for their users.
Pedestrian connections must be provided between Planning Area 1 and 2; Planning Area 3, 4 and
9; Planning Area 8 and 9; and Planning Area 5, 6 and 7. These pedestrian connections must be
dedicated to pedestrian and bicycle access only, and cannot be located within roadways or
internal driveways. Sidewalks on internal streets should not be the only form of pedestrian access
provided, but should be supplemented by internal walkways, trails or paths. The City shall
review each proposed project within this Master Plan to assure connectivity between these
Planning Areas.
To the extent possible, the entrances to individual residential units should be plainly visible from
nearby parking areas. Individual outdoor walkways, corridors, or access balconies should be
designed to serve no more than five residential units. In the event that a building is located close
to a street, and parking is provided at the rear or side of the lot, clearly delineated secondary
pedestrian access convenient to parking areas should be provided to the greatest extent practical.
-54-
Future Traffic Conditions
Future traffic conditions were evaluated taking into account a large number of other projects that
are currently under development or expected to be constructed by the year 2020. The traffic to be
generated by these projects was distributed across sixteen (16) zones to evaluate their
distribution and effects on the roadway network. This analysis provides the growth in
background traffic that occurs regardless of whether the proposed project is developed. Figure 55
of the TIA shows the distribution of background traffic in 2020 as traffic volumes on segments
of the local roadway network and Figure 56 shows these volumes in 2020 with the project.
The traffic impact analysis focuses on potentially affected intersections, which are the most
constrained component of the roadway network. The analysis includes an evaluation of impacts
for the year 2020 both with and without the proposed project. As previously noted, a total of
twenty-two (22) intersections (both built and planned) were analyzed. As shown on Table 6 of
the TIA, only three intersections are projected to operate at LOS D:
• Monterey Avenue @ 1-10 EB ramp (AM peak hr.)
• Monterey Avenue @ Dinah Shore Drive (PM peak hr.)
• Cook Street CQ? I-10 WB ramp (AM peak hr.)
All others intersections will operate at LOS C or better in 2020. Again, this assumes build out of
the various other projects and the proposed Millennium project. Based on the recommended
intersection improvements at the intersections of Portola Avenue at Dinah Shore Drive and
Pacific Avenue at Gerald Ford Drive, it is anticipated that the realigned cross-section widths for
Dinah Shore Drive/Pacific Avenue from Portola Avenue to Gerald Ford Drive will provide
acceptable Levels of Service.
Therefore, the proposed project will have a less than significant impact on the local roadway
network, the General Plan Circulation Element and other City transportation policies, and will
ensure the long-term effectiveness and performance of the circulation system. The project also
takes into account all modes of transportation, including local bus service, sidewalks and bicycle
paths to enhance multi -modal access within the project and connectivity to motorized and non -
motorized components of the surrounding transportation network
As noted above, the proposed project is not expected to have a significant adverse impact on the
area transportation network. The TIA has identified a few actions and recommendations that will
assure that the project optimizes the local network, precludes design deficiencies and maximizes
use of the non -motorized transportation network and system. Some also restate to such items as
future roadway rights -of -way, parking provisions, etc.
On -Site Recommendations
In conjunction with project development, construct Portola Avenue from the north project
boundary to Gerald Ford Drive at its ultimate half -section width as an Arterial Street (150
foot right-of-way), including landscaping and parkway.
2. In conjunction with project development, construct Dinah Shore Drive from Portola
Avenue to Gerald Ford Drive at its ultimate cross-section width realigned from a
Secondary Street (108 foot right-of-way) to a 76 to 116 foot right-of-way including
landscaping and parkway improvements.
-55-
In conjunction with project development, construct Gerald Ford Drive from Portola
Avenue to Technology Drive at its ultimate half -section width as an Arterial Street (150
foot right-of-way) including landscaping and parkway improvements.
4. In conjunction with project development, construct Technology Drive from Gerald Ford
Drive (to the north) to Gerald Ford Drive (to the south) at its ultimate cross-section width
realigned from a Secondary Street (108 foot right-of-way) to a 72 foot right-of-way
including landscaping and parkway improvements.
5. In conjunction with project development, construct Technology Drive from Gerald Ford
Drive (to the north) to Gerald Ford Drive (to the south) at its ultimate cross-section width
as a Secondary Street (108 foot right-of-way) including landscaping and parkway
improvements in conjunction with development.
6. The intersection of Technology Drive (at its western terminus) and Gerald Ford Drive shall
be restricted to right turns in/out only.
7. All project development shall provide sufficient parking spaces to meet City of Palm
Desert parking code requirements in order to service on -site parking demand.
6. On -site traffic signing/striping will be implemented in conjunction with detailed
construction plans for the project site.
7. Sight distance at the project accesses shall comply with standard California Department of
Transportation and City of Palm Desert sight distance standards. The final grading,
landscaping, and street improvement plans shall demonstrate that sight distance standards
are met. Such plans must be reviewed by the County and approved as consistent with this
measure prior to issue of grading permits
Off -Site Recommendations
It should be noted that the intersection improvements for the intersections of Portola
Avenue at Varner Road, 1-10 Freeway WB Ramps, I-10 Freeway EB Ramps, and Dinah
Shore Drive are consistent with the intersection improvements for these intersections in the
City -approved Portola Avenue/I-10 Interchange Traffic Operations Analysis.
2. In conjunction with project development, the developer shall participate in the phased
construction of off -site traffic signals through payment of traffic signal mitigation fees. The
traffic signals within the study area at buildout should specifically include an interconnect
of the traffic signals to function in a coordinated system.
As is the case for any roadway design, the City of Palm Desert will periodically review
traffic operations in the vicinity of the project once the project is constructed to assure that
the traffic operations are satisfactory.
b) Less Than Significant Impact. As noted above and in the Traffic Impact Analysis prepared for
this project, the generation, distribution and management of project traffic is not expected to
conflict with the County Congestion Management Plan (CMP); Monterey Avenue is the only
CMP roadway in the City and relevant intersections along this roadway are projected to operate
at LOS D or better in 2020. The project and background traffic will not exceed City level of
-56-
service standards or travel demand measures, or other standards established by the City or
Riverside County Transportation Commission (ROTC) for designated roads or highways.
c) Less Than Significant Impact. The project will have a very limited impact on the facilities or
operations of regional airports, and will not result in a change in air traffic patterns, including an
increase in traffic levels. The project is located more than seven miles east of the Palm Springs
International Airport, and about five miles northwest of the Bermuda Dunes Airport. The
proposed development will not affect the operations of these airports nor create a substantial
safety risks.
d) Less Than Significant Impact. As set forth in the master land use plan and the Master Plan
document, the project will not create a substantial increase in hazards due to a design feature.
Intersections are designed to occur at right -angles, access points are to be located with adequate
sight distances, sharp curves are avoided by design and design guidelines, and all land uses are
complementary rather than being incompatible.
e) Less Than Significant Impact. Access to the planning area is via major arterial, secondary
arterials, Interstate-10 and a variety of local roads. Design guidelines further ensure that
emergency access will be created and preserved within each planning sub -area. The proposed
project will not result in inadequate emergency access.
f) Less Than Significant Impact. As noted above, the project overall design and the master plan
design guidelines will not conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such
facilities.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
-57-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XVII. UTILITIES AND SERVICE
SYSTEMS. Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
X
Water Quality Control Board?
b) Require or result in the construction of
new water or wastewater treatment facilities
or expansion of existing facilities, the
X
construction of which could cause significant
environmental effects?
c) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities, the
X
construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
X
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the
wastewater treatment provider that serves or
may serve the project that it has adequate
X
capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
X
project's solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
X
waste?
Source: " Water Supply Assessment and Water Supply Verification for the Millennium Palm Desert Master Plan," prepared
by Terra Nova Planning & Research, Inc. October 2014.
XVII.
a) Less Than Significant Impact. Buildout of the planning area will include single family and
multi -family residential, commercial, hotel/hospitality, business park, and open space uses.
Development facilitated by the proposed project will result in increased wastewater flows. All
development will be required to connect to the existing sanitary sewer system. The CVWD,
which operates wastewater treatment facilities that serve the proposed project, is subject to
wastewater treatment standards established by the Regional Water Quality Control Board. All
components of the proposed project will be required to design facilities consistent with CVWD
and Regional Board standards. These standards and requirements will assure that impacts
associated with wastewater standards will be less than significant.
-58-
b-e) Less Than Significant Impact. The subject property falls under the jurisdiction of the
Coachella Valley Water District (CVWD) for domestic water supplies and wastewater treatment.
CVWD has indicated that it will provide domestic water and sewer conveyance and treatment
services to the project site. New on -site infrastructure will be built as part of the project.
However, the project will be able to connect to existing 18" sanitary sewer and 18" water lines in
Gerald Ford Drive, and no new regional infrastructure will be required. Wastewater produced by
the proposed project will be processed at the Mid -Valley Water Reclamation Plant (WRP-4)
located in Thermal.
CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long-term
planning document that helps it plan for current and future water demands. The Plan
demonstrates that the District has available, or can supply, sufficient water to serve the proposed
project. In addition, a Water Supply Assessment and Water Supply Verification were prepared
for the proposed project and approved by the District on November 25, 2014, indicating the
District is able to serve project water needs. No new regional infrastructure will be required. The
project will also be required to implement water conservation programs, including a drought
tolerant landscaping plan and the conformance to current Building Code, which requires that
high efficiency fixtures be used.
CVWD is also responsible for regional stormwater management in the Coachella Valley.
According to CVWD, the general project area is adequately protected from stormwater flows by
Dike No. 4, and drainage issues affecting the property are limited to the management of local
drainage. To manage onsite stormwater flows, the proposed project will be required to include
retention basins or other forms of stormwater management that will result in 100 year storm
flows being managed on site (please see Hydrology discussion, above).
Overall impacts to water, wastewater and stormwater facilities will be less than significant.
f, g) Less Than Significant Impact. The City has an exclusive franchise agreement with Waste
Management of the Desert and will utilize Burrtec Waste and Recycling Services for its
collection and disposal of solid waste from the project site. All waste generated on the project
site will be collected and transported to the Edom Hill transfer station, and once sorted to one of
two regional landfills; Lambs Canyon or Badlands. Both landfills are owned and operated by
Riverside County. They have the capacity to accommodate waste generated by future
development on the project site. Burrtec is also required to comply with local, regional and state
requirements associated with solid waste disposal. Impacts will be less than significant.
Mitigation Measures
None required.
Mitigation Monitoring and Reporting Program
None required.
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Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE --
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
X
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have the potential to
achieve short-term, to the disadvantage of
X
long-term environmental goals?
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
X
effects of a project are considerable when
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
d) Does the project have environmental
effects which will cause substantial adverse
X
effects on human beings, either directly or
indirectly?
a) Biological Resources
During a site -specific biological field survey in July 2014, 17 sensitive biological species were
identified as having potential to occur on the project site. Of those 17, only 3 were observed,
including the burrowing owl (bird), the Loggerhead Shrike (bird), and the Coachella Valley
Milkvetch (plant). The project site is not located in an area that is to be conserved for Coachella
Valley milkvetch; therefore impacts to this species can be mitigated through payment of the
CVMSHCP fee. Mitigation measures addressing impacts to the burrowing owl and the Migratory
Bird Treaty Act are set forth in this Initial Study to reduce impacts to less than significant levels.
Cultural Resources
A Phase I study of the subject property was conducted in July 2014. The study found no
evidence indicating the existence of historical, archaeological, or paleontological resources
within the project area. The proposed project is not expected to impact such resources.
b) The Master Plan proposes both land use and zoning amendments to support the planned land
uses. The amendments will result in a change in the potential acreage to be developed for
commercial, business park and residential uses, but will still result in these uses. The proposed
project will ensure the land use designations for the site are consistent with the long-range plan
roil]
for future development in the project area. The project is also consistent with the residential and
commercial development trends in the immediate vicinity. Public utility providers have indicated
they will be capable of serving the project with existing or planned facilities. Potential
environmental impacts are expected to remain at, or be mitigated to, levels below significance,
and long-term environmental goals are not expected to be adversely impacted by the project.
c) The project will result in incremental environmental impacts typically associated with new
mixed -use development, including increased emission of criteria pollutants during construction
and operation, loss of potential habitat for biological species, and increased demand for public
utilities and services. However, these impacts are expected to be less than significant or
mitigated to levels below significant. The project can be served by existing or planned public
infrastructure, and impacts are not expected to be cumulatively considerable.
d) This document identifies potential impacts associated with air quality and noise as a result of
build out of the proposed project. These impacts, however, have been mitigated to less than
significant levels by the mitigation measures imposed on the project. As a result, impacts to
human beings are expected to be less than significant.
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CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
PRELIMINARY MINUTES
TUESDAY, FEBRUARY 17, 2015 — 6:00 P.M.
COUNCIL CHAMBER
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER
Chair Ken Stendell called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present:
Commissioner Sonia Campbell
Commissioner Nancy DeLuna -�
Commissioner Joseph Pradetto'
Vice Chair John Greenwood
Chair Ken Stendell
Staff Present:
Jill Tremblay, City Attorney
Lauri Aylaian, Director of Community Development
Tony Bagato,. Principal Planner
Eric Ceja, Associate Planner
Kevin Swartz, Assistant Planner
Christina Canales, Assistant Engineer
Monica O'Reilly, Administrative Secretary
III. PLEDGE OF ALLEGIANCE
Vice Chair John Greenwood led the Pledge of Allegiance.
IV. SUMMARY OF COUNCIL ACTION
Ms. Lauri Aylaian, Director of Community Development, reported that at the
meeting of February 12, 2015, the City Council approved the resolution for a
large family day care center on Fairway Drive.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 17, 2015
V. ORAL COMMUNICATIONS
None
VI. CONSENT CALENDAR
A. MINUTES of the Planning Commission meeting of February 3, 2015.
Rec: By Minute Motion, approve as presented.
Upon a motion by Commissioner Campbell, second bCommissioner DeLuna,
and a 4-0-0-1 vote (AYES: Campbell, DeLuna, Greenwoott'artd Stendell; NOES: None;
ABSENT: None; ABSTAIN: Pradetto), minutes were approved askpresented.
B. REQUEST FOR CONSIDERATION of, a- two-year extension for the Term
Development Agreement 98-1 entered, between the City of I0"alm Desert and
Marriott Ownership Resorts, Inc. for Marriott,, Shadow Ridges at 36-750
Monterey Avenue. Case No. TT 28&1,8 (Marriott Ownership Resorts, Inc.,
6649 Westwood Boulevard, Orlando, Florida 32821, Applicant).
Rec: By Minute Motion, approve the extensidrv(until December 10, 2020),
Case No. TT 28818.
-a
Upon a motion by. Commissioner' Campbell, second by Commissioner DeLuna,
and a 5-0 vote of the PIarining,Commission (AYES:""Cariipbell, DeLuna, Greenwood,
Pradetto, and Stendell� NOES: None; ABSENT: None; ABSTAIN: None), the remainder
of the Consent Calendar was approved as presented.
VII. CONSENT ITEMS. HELD OVER'
None
Vill. NEW BUSINESS
IX. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION of a recommendation to the City Council
for approval of a Mitigated Negative Declaration of Environmental Impact, a
Development Agreement, a Specific Plan, a General Plan Amendment and a
Change of Zone to establish land use designations, a Tentative Parcel Map to
establish nine parcels within the Specific Plan Area, and a Tentative Tract
Map to subdivide 38+ acres into 166 single-family home lots, located on 152
acres north of Gerald Ford Drive and west of Technology Drive. Case Nos.
DA/GPA/CZ/EA 14-332; TPM 36792; TTM 36793 (PD 80 T & S, LLC, 38
Clancy Lane South, Rancho Mirage, California 92270; and Palm Desert
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PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 17, 2015
University Gateway, LLC, 38 Clancy Lane South, Rancho Mirage, California
92270, Applicants).
Commissioner Nancy DeLuna stated that she represents an affordable multi-
family housing developer that has had conversations with some of the owners
regarding possible development on this site and recused herself.
Vice Chair Greenwood also stated that he is employed by Prest Vuksic
Architects. The firm has worked with GHA companies within the last year;
therefore, he also recused himself.
Mr. Eric Ceja, Associate Planner, reported that Tho (Millennium Palm Desert
Specific Plan ("Specific Plan") encompasses 152`e acres of undeveloped land in
the northern portion of Palm Desert. The site is bounded, by Union Pacific
Railroad to the north, Gerald Ford Drive to the°south, Portola Avenue to the west,
and Technology Drive to the east. City staehas been working with the applicant
to establish a specific plan for this area; and displayed an image, indicating the
existing zoning designations that are within the proposed project area. He said
that the applicant is proposing nine specific planning areas that will comprise a
multi -use development. The proposed development will include single-family
homes, multi -family apartmentS; , a regional park, commercial and hotel
development, and an industriabusiness park. He' noted that the Specific Plan
emphasizes non -motorized co nections-' throughout, the project area, and
coordinated development of the �ine Planning,, Areas. As part of the Specific
Plan, a Development Agreement is included for the build out of the project, street
and drainage- trI6proveme%ts, and it requires the developer to provide 66
affordable housing units within one of, the project areas. Mr. Ceja stated that
there is a proposed land exchange with'the City for 37 acres for a regional park,
an affordable housing site, and 3.5, acres for the Portola Avenue interchange.
Due to the regional park, the Parks and Recreation Commission reviewed the
proposal and recommended approval of the land exchange for the park site. He
stated that the proposed,, Tentative Parcel Map 36792 will subdivide the 152
acres into nine separate p�reels and displayed a picture of the map. He noted
that.of the nine Planning Areas, Planning Area 1 is proposed to be developed
first. Planning Area 1-, is a single-family home site, which includes 38 acres. He
displayed,a picture of Tentative Tract Map 36793, gave a brief description of the
area, and -,listed _ the development standards. He stated that staff is
recommending that Planning Area 1 apply for an Architectural Review application
so landscape, site design, home design, and wall conditions could be evaluated.
Planning Area 2 is a 3.2-acre site proposed to be zoned General Commercial. He
noted that there are no special development standards proposed for Planning
Area 2. Planning Area 3 is 21 acres proposed to be zoned Planned Regional
Commercial, with a Freeway Commercial Overlay zone. This zone will allow for
hotels, drive through restaurants, big box development, and a height limit of 35
feet. Mr. Ceja mentioned that the applicant is proposing that the hotel
development be allowed at 50 feet in height, and staff is supportive of this
request. He noted that other hotels along Cook Street are up to 50 feet tall. The
3
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PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 17, 2015
height increase would only be applied to hotel development. Planning Area 4 is
proposed to be zoned Service Industrial. He said that staff hopes this site
provides research and development to support the university. Planning Areas 5
and 6 are proposed to be zoned Planned Commercial. Mr. Ceja said that it is a
smaller designation than the regional site. Areas 5 and 6 could accommodate
grocery stores, convenient shopping, and personal services. In these areas, the
applicant would like to utilize the Mixed Use Overlay zone, of which staff is
supportive. Staff also supports hotels at a 50-foot height limit in Planning Areas 5
and 6. Planning Areas 7 and 8 are multi -family housing sites. The proposed
height is three stories and a 40-foot height limitation. Playing Area 9 is 27 acres
proposed for the regional park site. Mr. Ceja noted thaanother consideration for
the Specific Plan includes a Mid -Valley Bike Path that,runs approximately one
mile along the project areas. The bike path connect . Bob Hope Drive to
Washington Street. Staff added a condition that the apple' t has the option of
building the bike path through their project areas, or submittin -a payment in lieu
to have the City develop the path. He note&that the Portola Avenue Interchange
is expected to begin in the next five years, and briefly mentioned the University
Park Planning Area. He referred to the General PlartAmendment a4Change of
Zone, and stated that each of the nine pafcels is -,zoned specifically for its type
development identified in the Specific Plart. In total, there are 63 acres for
residential properties, 40 acres for commercial, 27 acres for a regional park, 10
acres for industrial business development, and 11.6 acres for streets. Mr. Ceja
stated that the proposed project; is compatible wittv'Ve General Plan and the
University Park Planning Area. It.provides affordable housing units, a mix of
housing types, a balahceP of housing. grid commercial uses, and the proposed
project area., is� suitable for developmi ent. He mentioned that environmental
studies were performed, with no significant findings in the project area. He listed
several Conditions of Approval, and noted that there were some revisions made
to the conditions:'A copy:-of"tha'revisions was given to the Planning Commission
prior to the meeting~' H6 said that 'staff'is comfortable with the revisions, and the
applicant is amiable to the changes. Mr. Ceja stated that staff is recommending
that a Mitigated Negative,. Declaration be adopted. He noted that staff sent the
Mitigated Negativ4, Declaration to several agencies for review. He received
comments from the Coachella Valley Water District (CVWD), Southern California
Air Quality ManagemRent District (SCAQMD), and Union Pacific Railroad. He
offered to answer any questions.
Commissioner. Joseph Pradetto asked if the Parks and Recreation Commission
voted unanimously for approval of the land exchange.
Mr. Ceja responded that the Commission voted 4-1-3, with three commissioners
absent and one voting no. He mentioned that a land appraisal was performed for
both properties and the land values were similar. However, one Commissioner
was not comfortable with any agreement.
Commissioner Pradetto inquired if there was any discussion on the size of the
park from a larger planned park down to 27 acres.
4
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PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 17, 2015
Mr. Ceja said that the park size is approximately the same. He stated that there
was a concern with the narrowness of the park compared to the other park site.
City staff was able to show the Parks and Recreation Commission some layouts
with ball fields and soccer fields that were envisioned for that park, and the
Commission was comfortable with the layouts.
Commissioner Campbell commented that the staff report states that only the City
Council can approve the land exchange. It also states that staff does not
recommend that the land exchange be consummated since one of the minor
31
parties involved has outstanding obligations to the City ii another project. She
inquired if it is one of the Conditions of Approval.
Mr. Ceja replied no. He explained that staff is making bho recommendations to
the Planning Commission: 1) approve The Millennium %-Specific Plan and
supporting documents, and recommend approval to the Cit Council; and 2)
recommend that the City Council not approve the land swap uptil all parties
involved with the applicant are in good standing for. other properti&� in the City.
He stated that does not need to be `a, conditiorti but part of the Planning
Commission's recommendation.
Chair Stendell clarified that the red line in the photo indicates the Mid -Valley Bike
Path.
Mr. Ceja replied yes.
Chair Stendell referred to the single -story height limitation of 20 feet. He asked if
that is the ridgefine at 20 feet or all parts of the construction at 20 feet.
Mr. Ceja responded that it would be the ridgeline.
Commissions*,pampbeIJ asked if the two-story homes at the height of 27 feet will
be(integrated with the one-story homes.
Mr-Ceja replied that, he will let the applicant answer that question. He said that
staffs discussion with the applicant; the development is not only a two-story
product. The development will have a mix of one- and two-story homes.
Chair Stendell declared; the public hearing open and asked for any public testimony IN
FAVOR or OPPOSITION.
MR. MARIO GONZALES, GHA Companies/PD 80/Palm Desert University
Gateway, Cathedral City, California 92234, stated that he is pleased to be joined
by his investor, Mr. Ted Seldin. They are before the Planning Commission to
assure them that they are committed; they have the passion, the time, the team,
and the resources to reasonably see the proposed project through its fruition and
to complete all requirements of the process. He said that the property is the
gateway to Palm Desert. Once the Portola Drive interchange is complete and
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with the Cook Street interchange, there will be two corridor feeders to the inter
city limits. He stated that the proposed project is consistent with the goals of the
City of Palm Desert. It will provide an opportunity to create an integrated
commercial/residential mixed use center, within a regional park setting through
strict guidelines of the specific plan process. On April 24, 2014, they met with
City leaders and staff. This meeting set the tone and direction of their proposed
development, which gave them the confidence to purchase the remaining 37
acres to allow the final design and concept of their project. On November 25, the
CVWD approved the project Water Supply Assessment (WSA) report supporting
their development plan. He noted that the Parks and Recreation Commission
approved the land exchange and new park site. He is_hopeful that the Planning
Commission finds the information insightful and alwthem to experience the
vision and understanding of this development. Mr.- Gonzales stated that all their
efforts would not be possible if it were not ft�c,the time ands commitment of City
staff. City staff has treated them in a fair and transparent mangler throughout the
process. He believes this is why . Palm Desert is so stkcessful; great
management, a great team, and great attention to details. Mr. Gonzales thanked
City Manager John Wohlmuth, Director of Con)munity Development Lauri
Aylaian, Director of Public Works Mark'Greenwood, and their team. More
importantly, he gave a special.,thanks to Associate Planner Eric Ceja. He said
that Mr. Ceja demonstrated a great deal of pride in his work, he has been very
professional and responsive, and he Understands the., importance and magnitude
of this development. He mentibped that` he has fifs, development team and
consultants in the audience. He noted that he hers been honored to work with Ms.
Nicole Criste, Terra Nook f lanning'.& Research, Inc:, and stated that she is here
to answer any�,'4`6estions� the Commission may have. Mr. Chris Bergh, MDS
Consulting, is,,also availabr4 to answer. any questions pertaining to engineering.
Mr. Gonzales `referred to>*Yentative Tract Map 36793, and stated that they are
excited to introduce a cutting`etigo ofhhousing stock with fresh style and design
for all age groups. Histeam is very confident with this development. They have
reviewed the all required documents, conditions, and materials for this project
and agree with"- them. He humbly requested that the Planning Commission
support staffs recommendation for approval of this development. He offered to
address any questions and the opportunity to rebut.
Commissioner Pradetto asked when construction would begin for Phase 1, if
maps are approved.,�'
MR. GONZALES responded that they would like to start the grading process,
install Dinah Shore Drive, and start the project immediately. They are also
exploring some opportunities with apartments on the east side of the project, and
community commercial at the corner of Portola Avenue and Gerald Ford Drive.
Commissioner Campbell asked Mr. Gonzales about the one- and two-story
homes.
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MR. GONZALES explained that in Planning Area 1, they have a cluster housing
component with three product types for those smaller lots and smaller homes.
They have one single -story and two two-story homes. He said they believe in
both vertical and horizontal movement and streets. He also said they took great
advantage of the dropping slope, which will give it some interest. They will
position homes to provide privacy for neighbors. He pointed to another area of
Planning Area 1 where they will have their 500 series. The lots are 50 feet, and
will have two single -story and one two-story homes. With the two-story homes,
they have a detached casita in the front and will be strategically placed within the
community. He said that the lots that front Gerald Ford Dive and Portola Avenue
have three floor plans. These lots are the largest and will have the largest
homes, which will all be single -story homes.
Commissioner Campbell commented that the, map with they larger lots indicate
there are two-story homes.
MR. GONZALES apologized and stated. that the map,incorrect.
Chair Stendell referred to the cluster homes�.and asked if there will be additional
parking along the main streets to preclude disagreements between people for
parking in the alley.
.I
MR. GONZALES responded that they can precludd,gisagreements by having
strict guidelines in , the Covenants, Conditions,, and Restrictions (CC&Rs).
However, they will hav636-foot wide ste`eets pavement to pavement. With 36-
foot wide streetsr there could be parking on both sides of the street available.
� 4
y
Chair Stendell asked the applicant if they are clear with the additional Conditions
of Approval placed on the project:'
MR., GONZALES replieclthat is correct and accept the conditions.
Chair Stendell inquired if Mr. Gonzales is intending to build out most of the
residential himself.
MR. GONZALES responded that he is honored and pleased to work with his
investor Mir: Seldin. They are going to develop the single-family component. They
also have intentions of building out the balance of the properties. He stated that if
there are opportunities to work with other folks, they would look at it. GHA will be
creating the single-family component.
With no further testimony offered, Chair Stendell declared the public hearing closed.
Commissioner Campbell moved, by Minute Motion, to approve recommending to
the City Council approval of a Mitigated Negative Declaration of Environmental Impact,
the Development Agreement and Specific Plan documents, General Plan Amendment
and Change of Zone, Tentative Parcel Map 36792, Tentative Tract Map 36793, and
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recommend that the City Council not approve the Land Exchange until all applicants are
in compliance with the Palm Desert Municipal Code for other properties they control.
Motion was seconded by Commissioner Pradetto and carried by a 3-0-2 vote (AYES:
Campbell, Pradetto, and Stendell; NOES: None; ABSENT: DeLuna and Greenwood;
ABSTAIN: None).
Commissioner Campbell moved, by Minute Motion, to waive further reading and
adopt Resolution No. 2645, recommending to the City Council approval of Case Nos.
DA/GPA/CZ/EA 14-332; TPM 36792; and TTM 36793, subject ta;conditions. Motion was
seconded by Commissioner Pradetto and carried by a 3-0-2 . to (AYES: Campbell,
Pradetto, and Stendell; NOES: None; ABSENT: DeLuna anc Greenwood; ABSTAIN:
None).
Chair Stendell thanked the applicant.
Ms. Aylaian interjected that this project represents almost a year of collaborative
work. She stated that she would like to .acknowledge and thank Me Ceja for the
wonderful job he has done. She pointed out that -there was no one in the
audience speaking in either for or against the project, which happens a little too
frequently in Palm Desert. She said that staff is'96ware of that, and they redouble
their efforts to make sure that we ---look out for the interest of all residents. She
also thanked Mr. Gonzales and.,Mr. Soldin for all the, work they have done in the
past year.
Commissioner Campbell:ommentd that it wouldnot be possible without the
great staff the City has. 3.
Chair Stendell asked Ms. Ayjaian if the regional park has a dog park component.
Ms. Aylaian,fesponded that not at this point.
Bk- REQUEST FOR CONSIDERATION of a recommendation to the City Council
for adoption oV a notice of exemption in accordance with the California
Environmental duality A'ct (CEQA), and approve a new 674-square-foot
detached casita Ond facade renovation to an existing house on a hillside
planned residential property located at 72-375 Upper Way West (APN 628-
130-027), Caseh No. PP/HDP 14-289 (Mary Connor Limont IRA Sunwest
Trust, 72-120 Bel Air Road, Palm Desert, California 92260, Applicant).
Mr. Kevin Swartz, Assistant Planner, reported that the five -acre parcel was
developed and graded under the County of Riverside's jurisdiction prior to the
formation of the City of Palm Desert. The property has an existing 1,847-square-
foot residential home and a 490-square-foot garage. The parcel is located on the
hillside north of Stone Eagle and south of Homme-Adams Park. He displayed
photos of the site location and the location of the proposed casita. The applicant
is proposing a 674-square-foot casita that consists of a family room, bedroom,
bathroom, kitchenette (no stove), and a porch/patio area. The applicant is also
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