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HomeMy WebLinkAbout2017-04-04 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, APRIL 4, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION APRIL 4, 2017 A. MINUTES of the Regular Planning Commission meeting of March 21, 2017. Rec: Approve as presented. Action.- B. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Case No. TT 36342 (WSI Mojave Investments, LLC, Irvine, California, Applicant). Rec: By Minute Motion, approve a one-year time extension for Case No. TT 36342 until May 3, 2018. Action: VII. CONSENT ITEMS HELD OVER VIII. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Mitigated Negative Declaration, Specific Plan, Precise Plan, Conditional Use Permit, and Tentative Parcel Map 37157 for Monterey Crossings, an 18-acre commercial development located at the northeast corner of Monterey Avenue and Dinah Shore Drive. Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157 (Fountainhead Shrugged, LLC, Newport Beach, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2693, recommending to the City Council approval of Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157. Action: 2 GAPlanningWonica OReilly\Planning Commission\2017\Agenda\4-4-17 agn.dou AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION APRIL 4, 2017 X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XII. COMMENTS XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31st day of March 2017. l Monica O'Reilly, Recording Sec e ry Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanningWonica OReilly\Planning Commission\2017Wgenda\4 7-17 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, MARCH 21, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM SERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to or y. a :00 p.m, ,, . Ill. ROLL CALL Present: Commissioner John Greenwood Commissioner Ron Gregory Commissioner Lindsay Holt ft�' " Vice Chair Joseph Pradetto Chair Nancy DeLuna ' Staff Present: ." Jill Trembl ity Attorne 7 Ryan Stendelh� " ,ectoror " nity D`' ��lopment Eric Ce'a, Princi H �" As I Planner ztina s) A 'nt Engineer nica O'Reil' min ive Secretary III. GE OF ALLYANCE ' Chair una led t ledge of Allegiance. IV. SUMMAR NCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of February 21, 2017. Rec: Approve as presented. On a motion by Vice Chair Pradetto, second by Commissioner Gregory, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None t IX. PUBLIC HEARINGS A. REQUEST FOR CONS w RATION t t a Notice of Exemption in accordance with the Cali vironment ality Act; and approve a Precise Plan to demolish an existi i mily rest- a and construct a new 5,162- square-foot classroom build for ea I lic School at 43-775 Deep Canyon Road C se No. P 6-31 Vuk Architects, Palm Desert, California,Commissio ' hn Grefl ood st that he is an employee of Prest Vuksic Architects, architect the abo entioned project; therefore, he recused himself. uck istant Planne , presented the staff report (staff report is able at _. ''"�' .city' desert.org). She noted that staff received one comment �om an adjace ' ide cerned with traffic. Staff notified the resident that there ; w no additiona .uden eing proposed, and there are no changes to the c tion of traf Staff recommended approval and offered to answer any que s. Chair De `n a if the resident was comfortable with staff's response. Ms. Buck reply that she did not hear back from the resident. Chair DeLuna noted there is a driveway at the single-family home to be demolished. She asked what would happen to the curb cut. Ms. Buck deferred the question to the applicant. However, she believed that curb cut would be removed from the existing driveway. 2 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Speaking from the audience, the applicant said it is a rolled curb and would remain as it exists. Commissioner Lindsay Holt inquired if the existing emergency access adjacent to the existing single-family residence would be utilized in any way for construction activities. Ms. Buck deferred the question to the applicant. Chair DeLuna declared the public hearing open and invited publi Yl stimony FAVORING or OPPOSING this matter. ` ; ' MR. DAVID PREST, Prest Vuksic Architects, Pal California, assumed that the staging area for construction would be next a cl oms that are currently being built. = Commissioner Holt asked if the emery access would be for egress or ingress for any construction purposes,` the gate s 'ctly for emery access. MR. PREST responded that the gate wo " e for construction, which is off Florine Avenue. He mentione hat construct'',4 rkers would park anywhere in the parking lot. During school ho ,t ing is avai ', in the school parking lot. Commissioner Holt commented- � t he oncer Id be construction traffic in the neighborhood. MR. PREST constr would take nine months to complete. He noted that F . Lincoln . at a fu iser this evening raising money for the new building. Com{ 'oner tha project. She asked if there are any plans t the emaining sing -family residence. R. PREST re' ded Sacred Heart School has tried for a long time to acquire property, but have been successful. With no fu testimony o ed, Chair DeLuna declared the public hearing closed. Commis r regory commented that it is a very straight forward project. It continues t ectural style of the existing building, it is low-key, it fits in with the neighborhoo nd he believed it would be an asset to the community. He moved to approve the project. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution No. 2690, approving Case No. PP 16-313, subject to conditions. Motion was seconded by Vice Chair Pradetto and carried by a 4-0-1 vote (AYES: DeLuna, Gregory, Holt, and Pradetto; NOES: None; ABSENT: Greenwood). 3 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 B. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Zoning Ordinance Amendment to Palm Desert Municipal Code Section 25.16.04H "Specific Use Standards" for commercial and industrial districts to allow drive-through restaurants on arterial streets with a freeway interchange (or planned interchange) and within one and a half (1'/2) miles of the northern city boundary. Case No. ZOA 17-028 (Lumar Devco, LLC, Newport Beach, California, Applicant). Ms. Buck outlined the salient points in the staff report (staff report is available at www.cityofpalmdesert.org). Based on review and com , is received after the staff report was completed, staff proposed to revise; ' ' commendation to limit the land use on Cook Street so it is compatible wit University Neighborhood Specific Plan and the General Plan. Therefore, biking Cook Street from the Zoning Ordinance Amendment. Staff offere" " ans % ny questions. 4 F Commissioner Holt said that south of B � "Road would n included in the amendment. She asked if the portion ��`north of Gerald For , e is going to "I roll be included or not. �r Ms. Buck responded that staff would remo nguage regarding Cook Street. The language would remain urrently exi 4 - the City's Zoning Ordinance. �t Chair DeLuna asked how man rc' ffecte he amendment. Ms. Buck replied t does n no u ber of parcels affected, but could look up th n. Chair DeL- r sked how ny area re affected by the amendment; exempting Cook Street. Ms ferred vicinity splayed on the screen and pointed to the hair DeLuna i ed i applicant is requesting two different sites for a drive- gh restauran 'ust o ite on Washington Street. Ms. r replied ju ne site. Chair De ioned if it is possible for someone else to come in later and make a req r a drive-through restaurant on the other parcel. Ms. Buck replied yes. Chair DeLuna asked if the Zoning Ordinance Amendment (ZOA) is approved, is there a possibility of two drive-through restaurants next to each other. Ms. Buck replied theoretically yes. However, a Conditional Use Permit (CUP) would be required. 4 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Chair DeLuna asked if there is an area of the proposed interchange on Portola Avenue that is included in the ZOA. Ms. Buck responded that there are two parcels as indicated on the vicinity map. Chair DeLuna inquired if the parcels affected by the ZOA are contained within the Walmart shopping center strip. Ms. Buck referred to the vicinity map and pointed to the affected areas on Monterey Avenue. Mr. Eric Ceja, Principal Planner, added that the ern portion of Monterey Avenue near Gerald Ford Drive (Lowe's area) co modate potential drive- through restaurants. The area between A Stre d D" elly Drive is currently undeveloped. However, staff is working with . plicant o pecific Plan, which would likely include drive-through restaurant' that site. Chair DeLuna clarified that any prop o drive-throu restaurants - Id not have an egress or ingress onto Monterey Ave M 6 . Mr. Ceja replied that is corr t. Drive-thro staurants would not have direct access or exits to arterial str Commissioner Greenwood ref d to uag terms within the ZOA in regard to screenin drive-thro rest a ed if the language and processes in pla ff, the i al Commission (ARC), and the Planning Com, on w be abl ddress concerns that have come up in the past with dr' ; rough res rants. Ms. Buck res d th t or ` nce for the Freeway Commercial Overlay Zone -. OZ) m, a sc rive-through restaurant windows, which is i am ent for consis cy. The vehicle queue is also included. She of be'r to ified the manner of screening; however, that could be { viewed by th Can Planning Commission. issioner Gre ood s ' ted that there is an additional level of detail that needs to `'.to drive-th r h restaurants in specific areas to mitigate concerns with scree In term the processes in place, staff would discuss with the applicant potentia er h the layout of the site as they first see the project. Would ARC look at so a concerns with the site? For example, Carlos Ortega Villas are adjacent to a oposed drive-through restaurant. He asked if the placement of the drive-through would be considered early in the process, as well as screening and aesthetic issues. So an applicant does not get to the Planning Commission without any site plan review, and have to start the review process all over. Commissioner Gregory remarked that he could provide an anecdote. He was on the ARC during the approval process for the Wendy's restaurant at the intersection of Washington Street and Interstate 10 (1-10). The ARC was concerned with the view looking down from the traffic coming off 1-10. He said it was one precedent; however, the ARC was very careful reviewing the site plan. 5 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Ms. Buck added that staff reviews site development concerns before it goes to the ARC. Chair DeLuna asked what the setback from a major arterial street from a drive- through restaurant is. Ms. Buck responded that there is no specific setback. Chair DeLuna noted that theoretically an applicant could have a drive-through restaurant close to the interstate so it is seen and there w d be a sign. She asked if signage would be addressed during the CUP process. Mr. Ceja answered that for this ZOA request, s t asking for sign design concerns or suggestions. He explained that eve a is to be reviewed on a case-by-case basis. ' Chair DeLuna mentioned when the Carl on Gerald Ford Driv ar Cook Street was going through the approval proc a applica contended t e economy was not what Carl's Jr. had anticipate erefor applicant wa d signage with a certain height on Cook Street, whic s ermitted and not allowed. She asked if there is a way to set the process City is not going back and forth with an applicant in regard to approval. Ms. Buck asked Chair DeLuna i e w ing to I pole sign near the 1-10. Chair DeLuna re I She sa ility od restaurants have tall signs that are lit, s' close freewa d signs c ose to arterial streets. She is cautious a giving bl t appr, to a ZOA without having some sort of restrictions ce. Mr. stated is uage in the Palm Desert Municipal Code (P res ument signs.`' erefore, staff would defer to the language in DMC. ted ment signs are reviewed by the ARC. it DeLuna a if th developed parcel near Monterey Avenue and Dick Drive would b onstra ned by the ordinance in place, and an applicant could not est for som ng different just because it is a new site. Mr. Ceja ed "s correct. Vice Chair Jo h Pradetto interjected that just because something is in the books, it is not going to prevent an applicant from asking for more. The PDMC is not going to be 100 percent bullet proof to stop all ridiculous questions and requests. Chair DeLuna stated that the request is a mile and a half (11/2). Ms. Buck replied that is correct. 6 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Chair DeLuna asked how staff would handle if an applicant comes in that has a property located two miles from the freeway, and the applicant requests a ZOA to allow a drive-through restaurant. Ms. Buck explained that when staff developed the ZOA, staff looked at the location of the industrial and commercial areas that are close to the 1-10. Staff looked into capturing the appropriate areas, and felt that the one and a half mile distance captures the areas close to the freeway and interchanges, and does not capture the resort areas. This maintains the original intent of the Zoning Ordinance. Chair DeLuna expressed she felt better that Cook Stree empt from the ZOA. Vice Chair Pradetto pointed to the proposed langu ZOA, and asked if staff is going to strike Cook Street from the ZOA; ver, e-through restaurants would still be allowed in the Cook Street FCO . Ms. Buck said that drive-through rests would be permitt' the FCOZ on Cook Street. The ZOA would be revis .. , read as fol ws, "On ante ; reets with a freeway interchange (or planned interc ) and one and a hlmiles of the northern city boundary. Generally on the i ets and as indicated in Figure 25.10-2: Monterey Avenue, P ola Avenue, ashington Street." She noted that Figure 25.10-2 would also b ; Vice Chair Pradetto inquired i Z be specific to indicate where drive-through restau nts are p ,fitted cy. or example, on Monterey Avenue and Por 5 e the p i se c" ' nclude at Gerald Ford Drive. He noted tha hin Street ittle unique because it borders Riverside County, an ounty ha .. ive-thro restaurants up and down that area. Chair DeLun eed 'r hair ' 't detto, and asked staff if they had an Sr obje to Pray, ges uck re` that' does not object. kmissioner G woo mented that at Cook Street and the University Village il ercial parcel re is a existing drive-through with additional pads. After the Pu earing, he nterested in the Commissioner's thoughts whether the pads shoul ncluded not eliminated from the existing zoning. Chair DeL a confused with Commissioner Greenwood's comment. So Ms. Buck display e map of Cook Street, which showed the existing FCOZ. Ms. Buck asked Commissioner Greenwood if he is proposing to eliminate parcels from the existing FCOZ on Cook Street. Commissioner Greenwood replied to the contrary. He clarified that there are additional parcels within the Carl's Jr. commercial center that are vacant, but the parcels fall outside the FCOZ. He stated that to be consistent within the Carl's Jr. commercial center, he is curious if the parcels should be included in the FCOZ. 7 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Ms. Buck responded that drive-through restaurants are currently allowed in the FCOZ on Cook Street. Staff does not feel any revisions would be needed for Cook Street since it is remaining the same. Mr. Stendell mentioned that there was once an application for a drive-through restaurant that exited directly to Cook Street and the application was denied. He said that Cook Street has a future vision, and staff believes it should remain the same. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair DeLuna declared the public ng closed. Commissioner Greenwood asked staff if they a z map of Washington Street. Ms. Buck displayed the map on the scre Commissioner Greenwood noted that th a and was establish specifically for the parcel on Washington Street (Case a nt). He asked what happens if there are commercial opportu ' 'es farther so ashington Street. Ms. Buck pointed out that so o Drive ones are Office Professional, Residential, and Office Profess , 1. ther not additional Commercial or Industrial zones s th of Dud[ rive. ` Chair DeLun ted a are Casey's Restaurant and asked what is currently in bertson's opping ter. °r Ms. Buck re ther, tatio car wash, Jiffy Lube, Panda Express, Star b and 'x missio' - ree d inquired if the drive-through element is only within ommercial are' r directly off the arterial street. Could there be an ument made t ' tend e arterial by a certain distance. Ms. responde' at there is a little ambiguity in the way the ZOA is written. The ordina states " Virally on the following streets . . ." Mr. Ceja n Figure 25.10-2 included in the staff report would be adopted as part of the Z Figure 25.10-2 would only be limited to parcels on those primary corridors. Chair DeLuna clarified that Cook Street is being removed from the ZOA consideration. Ms. Buck replied that is correct. Chair DeLuna clarified that Monterey Avenue and Portola Avenue would be scaled back to Gerald Ford Drive. 8 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Ms. Buck replied that is correct. Chair DeLuna asked the Commissioners if there were any changes to Washington Street. Vice Chair Pradetto responded that on Washington Street, it would be scaled back to Dudley Drive. Commissioner Holt stated that instead of preparing a written description of where the uses are permitted, she asked if there could be an exhibit 9 map that identifies the general locations. , Vice Chair Pradetto asked Commissioner Holt if s want to review an exhibit or map at the next Planning Commission meeti fore ZOA goes to the City Council. Mr. Ceja interjected that Figure 25.10-2 be included in the Figure 25.10- 2 would be updated based on the corm . s of the PI ning Commi Y Commissioner Holt questioned if Figure 0 part of the ZOA, what is the purpose of having the streets a fined since i not be consistent in the one and a half mile length. She state reality, th 0 not including all arterial streets with interchanges or propose Mr. Ceja responded hat the Ian a in .wo be modified based on the Planning Commi ments. Chair DeLu mmente here is on to be crafted, would it be inclusive of the alterations original report so oves forward. Vice r Pra Ae following "and within one and a half (11/2) orth ty boundary" n continue with "Generally on the following is as ted I figure 25.10-2: Monterey Avenue and Portola Avenue tending sou t° Ger ` ord Drive, and Washington Street extending south to ley Drive fro H, 1 "Permitted locations" of Section 25.16.40. Vic air Pradett " ked Commissioner Greenwood if he had any comments on the de ment s ards. Commissio enwood replied no. He felt staff and ARC do a fantastic job in what they do. Vice Chair Pradetto said he would move for approval of staff's recommendation, with the amendment to the language. He asked Commissioner Holt if she wanted to see the changes before it goes to the City Council. Commissioner Holt responded that she is comfortable with recommended changes. 9 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 After the motion was clarified, Vice Chair Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2691, recommending approval of Case No. ZOA 17-028 to the City Council with the following amendment: amend language to Section 25.16.040 Specific Use Standards; H. Restaurants; 1. Permitted locations; ii. to read as follows "On arterial streets with a freeway interchange (or planned interchange). Generally, on the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive; and Washington Street from the northern city boundary to the north side of Dudley Drive. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). C. REQUEST FOR CONSIDERATION of a recomm ion to the City Council for an ordinance amendment to amend Sectio 30 "Accessory Dwelling Units" and Section 25.99.020 "Definitions" a Zo Ordinance to comply with recently enacted state legislation rel to access welling units. Case No. ZOA 17-018 (City of Palm Desert, P esert, Califorr5 *;..pplicant). Mr. Ceja gave a PowerPoint present reviewing a staff repo `? .detail (staff report is available at www.cityofpa ert.or >;'r ' e offered to ' nswer any questions. .: Commissioner Gregory said rstood th i has to conform to new state legislation. However, every c h opportu o respond in a way that is perhaps unique to their city. H ke ' ropo OA would allow people to build a rental unit. also ask Nf thi o '' a new era of annoyance, parking problem in Pal Mr. Ceja re , ' potentiall a state at accessory dwelling units are permitted in the city an units co a rente explained that a primary unit cannot be rented if the a dar d ing unit is also rented; therefore, one of the ust b ' ccup pes the language would help soften some o: at rrP rise since the` ner would be on-site to address issues with f "renter. ted the City's ordinance currently allows for the units to be nted. issioner Gre ' inquired if someone wants to build an accessory dwelling uni would nee conform to current setbacks and guidelines. Mr. Ceja ` lie at is correct. The development standards still apply to the accessory units. Commissioner Gregory asked if it is likely the development standards would preclude the construction of many proposed units. Mr. Ceja responded absolutely in some of areas of the city where homes have maxed out their building area. Commissioner Gregory questioned if it is likely or possible that the development standards may be changed in an effort to enable units to be built to illegal setback 10 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 intrusion. He voiced he was afraid the setback standard might be relaxed to enable more accessory dwelling units to be constructed. Mr. Ceja said staff is not proposing to change the standards at this time. There are two items that may arise: 1) state law could change again; and 2) staff is reviewing the zoning standards for all the zones as part of the General Plan update. There might be changes to residential districts to possibly expand the setbacks; however, it is unknown at this time because the study is not complete. Commissioner Gregory referred to the provision for par df He asked if covered parking and off-street parking is the same thing. Mr. Ceja replied that it is not the same thing. He that off-street parking is on the property. He said that the current ordi is the City requires that space to be covered. Commissioner Gregory questioned if is a reason for equirement of covered parking. f Mr. Ceja answered that it is part of today' Ji He believed it had to do with equity. Chair DeLuna asked if a casita ave a fu hen. Mr. Ceja responded that is a ition ita the City of Palm Desert. However, an acc elling u' ave kitchen. Chair DeLu quired if ZOA h nything to do with zoning, such as an R-1 zone oppo the desi ion on El eo. Mr. said th d pplies to residential properties. He noted t, is co red a Downto District and allows for mix-use. air DeLuna ied he provision for covered parking would not necessarily ly to both loca s (Re' ntial and a Downtown District). Mr. replied tha correct. Vice Ch a sked if an accessory dwelling unit with two bedrooms would require two parking spaces. Mr. Ceja replied that is correct. Commissioner Holt asked if a home had a three- or four-car garage, could the accessory dwelling unit use one of the garage parking spaces or would they have to build a parking space for the unit. Mr. Ceja responded that he was not sure. He believed staff has reviewed a project both ways on a case-by case basis. He said that in most instances, staff has directed the property owner to build a separate garage or parking space for that unit. 11 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Mr. Stendell commented that the existing ordinance was developed specifically to make it more difficult to develop secondary units. He stated that the ZOA being proposed is to be in conformance with state legislation. He expressed that the primary unit must be owner-occupied, which would hopefully limit bad behavior. Chair DeLuna asked if the ZOA would apply to gated communities. Mr. Ceja replied yes. Vice Chair Pradetto asked if an owner in a gated co nity would need their homeowners' association's (HOA) approval. Mr. Ceja replied that is correct. Commissioner Greenwood asked if the own s to occup main dwelling unit or one of the two. Mr. Ceja stated he mistakenly said a one of th two units; h yer, it is the primary unit. Vice Chair Pradetto inquired if. OAs could n accessory dwelling units. Mr. Stendell replied that HOAs t allowi cessory dwelling units. Chair DeLuna declared the ublic heari en p c testimony FAVORING or OPPOSING this matter. With no testimony d, Chair una de d the public hearing closed. Commissione ego d t it is likely this would be an unusual phen on oc a s es in Palm Desert are built on properties t nou a support that se. It will be an unusual situation. air DeLuna i , 'red i proposed accessory dwelling unit would be covered by short-term re rdin Mr. replied yes Since th es welling unit is not subject to review and approval by the ARC, Commissio asked the Planning Commission if they felt there would be an impact on ther velopment of the units. Mr. Ceja stated that staff reviews a lot of items over the counter, including single- family homes. Staff hopes that the language in the proposed ZOA where it states "shall architecturally match and/or be compatible with the design of the primary unit" should cover any concerns during the review process. 12 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 21, 2017 Vice Chair Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2692, recommending approval of Case No. ZOA 17-018 to the City Council as presented. Motion was seconded by Commissioner Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Greenwood reported t iends of t Desert Mo s would be working with the City to develop signa J` trails. said the Park ` ommission also mentioned the Desert X exhibit, whi i ocations in Palm Desert: Cap Homme/Ralph Adams park ark. off of Portola"' e. Chair DeLuna commented i unced Assemblyman Chad Mayes introduced legislation to prese e e of the N' Grind trail. XII. COMMENTS Chair DeL flanked f Planni ommission. She felt they all work well together, a ight's m g was a t ment to that. XIII. ADJ NME v' the Pla ;p Co , `' sion concurrence, Chair DeLuna adjourned the meeting at p.m. fµ NANCY DE LUNA, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 13 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\3-21-17.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 36342 FOR THE SUBDIVISION OF 22+ ACRES INTO 196 UNITS CONSISTING OF 84 CLUSTER UNITS, 64 ATTACHED UNITS, 48 SINGLE-FAMILY HOMES, AND A PRIVATE RECREATION FACILITY DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY PARK DRIVE AND COLLEGE DRIVE. SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Mike Byer, Vice President WSI Mojave Investments, LLC 3161 Michelson Drive, Suite 425 Irvine, CA 92612 CASE NOS: TT 36342 -Time Extension No. 2 DATE: April 4, 2017 CONTENTS: Applicant's Time Extension Request Letter Tentative Tract Map 36342 Recommendation By Minute Motion, approve the applicant's request for a one-year time extension for Tentative Tract (TT) Map 36342 until May 3, 2018. Property Description On May 3, 2011, the Planning Commission approved Precise Plan 06-05 and new tentative tract map 36342 for 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation area.The site has been rough graded and sewer and water lines have been installed. On August 7, 2013, the Planning Commission ratified an extension granted by AB 116 for tentative tract and parcel maps approved after January 1, 2000, and unexpired as of July 11, 2013. AB 116 extended TT 36342 until May 3, 2017. In 2014, the current applicant's company purchased the property and the rights to TT 36342. The applicant is not a home builder and plans to sell the property to a developer. Staff Report Case Nos. TT 36342 Ext 2 Page 2 of 2 April 4, 2017 University Neighborhood Specific Plan On January 7, 2017, the City Council approved the University Neighborhood Specific Plan (UNSP), consisting of approximately 400 acres. The UNSP supersedes the former 2006 University Park Master Plan. The applicant's property and TT 36342 falls within the Neighborhood Medium(NM)Zone. The NM is to provide a lively neighborhood environment, within the range of attached single-family housing and intermixed with single-family detached housing. The NM also discourages large private yards since there are parks throughout the UNSP. The NM also encourages non-gated private developments and homes facing along streets. The applicant has not changed the original project density or product type, but has made minor modifications to better comply with the UNSP. The minor modifications are allowed per the Subdivision Map Act and do not require additional public hearings. The following modifications have been made in an effort to gain compliance with the UNSP: • Non-gated community. • Re-oriented the single-family lots facing University Park Drive to be front facing. • Removal of the perimeter block wall along University Park Drive • Relocation of the park area to front on University Park Drive. Time Extension The applicant is seeking a buyer for the tract map, and the extension will allow him to do so. Generally, as conditioned, the map conforms to the goals and policies of the General Plan. The applicant has also been working with staff to modify the existing map to comply with the vision and goals of the UNSP. Staff is recommending a one-year time extension as allowed by Palm Desert Municipal Code Section 26.20.140 "Extensions of Time" and the Subdivision Map Act. If approved, the map will remain in effect until May 3, 2018. Submitted By: Kevin Swartz, Associate Planner jDe artme ad: % yan Sten Director of Community Development G:\Planning\Kevin Swartz\Word\Precise Plans\PP 06-05,TT 36342 High\PC-Staff Report(Time Ext.1).doc MOJAVE INVESTMENTS, . L w Kevin Swartz Associate Planner City of Palm Desert Via email 311117 Subject: TTM 36342—University Park Dear Mr. Swartz, Due to the continued depressed housing market conditions we are asking that the Planning Department and Planning Commission accept this letter as our official request to extend TTM 36342 for 1 year from the current expiration date of May T", 2017. Some of the core inland empire markets have just started to see some recovery from the deep recession we have gone through and we expect that recovery to make its way to the desert communities over the next year or two when we expect this project will be built out. Sincerely, Mike Byer Vice President 3161 Michelson Drive I Suite 425 1 Irvine, CA 92612 i IL Nmri - F --- Y V p, < 0 1�y < w � a o z w d� - ` a 0 g V 0 m Co Lj o 4 .'__. z z z z wtj Ta 10 r o'er" s� z I = i w 13�a I - f L _ r In IN- a I � I �mro I Y; i NW Jn o< a LL ————————— r o� r�r , R� 1 2 Z u o 0 NI I f o o12 . < r N o� F J N A a 6 J w - G x _ a 0 w 1 i � a c N Q Z 1� N ti in n n o o vm.�a A W a s m m to IYI ni W co W o �➢O - L lil � t) goo©00000000©©oo®o®®0000©�000 f1 o ;�' W a 133H 33S a �Ll(�n �LRA y� lnbk y R `\I —1 Px � < ♦; .. --•W133H1$ �—'.'.. _ JAB 1 ��_ 6c\\��tOY� -Lt._,ac FJ. ry o H flow ry e w LL < 4,� I� F �"I 1 1 - r a e �I"" YT Out < l d { J „ I u _ Pi:�1 to e I n n 1 f?j d ' N41a�z _ v ry i s w Hip t-ter^ I e )II I,i 69 I I' I �JII oil, c y I I J v kl T I J - zs if kwN t w 111 II J 314M5 10. 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' __LL� LLd Y.-`>el � - a Wo Z I AA AAJ 8b ki -111- 5 -17 46 .. .I ....... 717ls o12 mho - ti t- - ---- - - - - 1-1 t T V T CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A MITIGATED NEGATIVE DECLARATION, SPECIFIC PLAN, PRECISE PLAN, CONDITIONAL USE PERMIT,AND TENTATIVE PARCEL MAP 37157 FOR MONTEREY CROSSINGS, AN 18-ACRE COMMERCIAL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: Fountainhead Shrugged, LLC c/o: Ms. Vasanthi Okuma 1401 Quail Street, Suite 100 Newport Beach, CA 92660 CASE NO: SP/PP/CUP/EA 16-188&TPM 37157 DATE: April 4, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2693 2. Legal Notice 3. Architectural Review Commission (ARC) Notice of Action 4. Initial Study and Mitigated Negative Declaration (MND) 5. Monterey Crossings Specific Plan 6. Architectural Exhibits, Site Plans, Landscape Plans Recommendation Waive further reading and adopt Planning Commission Resolution No. 2693, recommending to the City Council approval of a Mitigated Negative Declaration of Environmental Impact, a Specific Plan document, a Precise Plan, a Conditional Use Permit and Tentative Parcel Map 37157, subject to conditions. Executive Summary Approval of staff's request will result in a recommendation of approval to the City Council for a Specific Plan, Precise Plan, Conditional Use Permit, and Tentative Parcel Map. The project, referred to as"Monterey Crossings," covers 18 acres of a regional mixed-commercial center that includes drive-through restaurants, shop and retail buildings, automotive services,and hospitality facilities. Staff is recommending that the Planning Commission approve the Specific Plan, as Staff Report Case No. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossings Specific Plan Page 2of7 April 4, 2017 submitted and conditioned. Architectural Review Commission The City's ARC met on December 13, 2016, to review the applicant's request for a Specific Plan document. At that meeting, the Commission approved the preliminary landscape design for the shopping center and architecture for buildings 5, 6 and 8. All other buildings will require an Architectural Review application to ensure the architecture is consistent with the renderings and materials shown in the specific plan document. The Commission voted 6-0-2 (Commissioners McIntosh and Vuksic absent) in recommending approval of the landscape and architecture provided in the Specific Plan document. Background A. Property Location: The 18-acre site is located at the northeast corner of Monterey Avenue and Dinah Shore Drive. Currently, staff is processing a Specific Plan document to establish a new regional commercial shopping center at the site that will accommodate drive-through restaurants,shop and pad buildings, an automotive repair center, automotive dealership, and four-story hotel. B. General Plan and Zoning_ Zoning Designation(s): • PC - 3; Planned Regional Commercial • F.C.O.Z — Freeway Commercial Overlay Zone General Plan Land Use Designation(s): • Regional Retail District C. Adjacent Zoning and Land Use: North: Riverside County— Interstate 10/Union Pacific Railroad South: PC-3 — Desert Gateway Shopping Center East: SI —Service Industrial/Vacant Land West: PC-3 — Monterey Shores Shopping Center Project Description The applicant has submitted a Specific Plan document(attached)for the development of a mixed- commercial regional shopping center that includes drive-through restaurants, shop and pad buildings, a four-story hotel, and options for automotive related uses. The property is zoned Planned Regional Commercial(PC-3)with a Freeway Commercial Overlay Zone(FCOZ)and as required by the FCOZ, the applicant has prepared a Specific Plan document for development of \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\Monterey Cross ings\Planning Commission\PC-Staff Report Monterey Crossings.doc Staff Report Case No. SP/PP/CUP/EA 16-188 &TPM 37157: Monterey Crossings Specific Plan Page 3 of 7 April 4, 2017 the site. A. Specific Plan The applicant has submitted the Monterey Crossings Specific Plan (Specific Plan)document to develop 18 acres at the northeast corner of Monterey Avenue and Dinah Shore Drive. The specific plan includes information related to the existing conditions of the site, existing and proposed street circulation patterns, a land use and site plan, development standards, and design criteria for the development of four (4) distinct districts. The objective of the Specific Plan is to provide the City with a high quality development plan for a regional commercial center that expands employment opportunities, expands the City's tax base, and provides flexibility to existing zoning standards and land use in proximity to the Monterey Avenue interchange. Districts within the specific plan are as follows: Restaurants and Shop Retail District: This district is located at the southwest portion of the project site and consists of five(5) buildings. Three(3) of the five (5) buildings are identified for drive-through restaurants. The two (2) buildings closest to the intersection of Monterey Avenue and Dinah Shore Drive consist of a mix of retail and restaurant space. The two (2) buildings are adjacent to a public plaza space that makes them attractive for sit-down restaurants and enhances the center's presence at the intersection. As per the Specific Plan, retail buildings are allowed a maximum building height of thirty-five(35)feet with architectural elements up to forty-five (45) feet. Hotel District: This district consists of a single four-story hotel building located at the northwest corner of the project site. The hotel is shown parallel to Monterey Avenue with a pool and outdoor areas located along Monterey Avenue. Due to the slopes created by the Monterey Avenue interchange, setbacks of thirty (30) feet are provided between the roadway and outdoor spaces. As per the Specific Plan, hotel buildings are allowed a maximum building height of fifty(50) feet with architectural elements up to sixty (60) feet. Manor Retail District: This district consists of up to 30,000 square feet of retail space for mid- sized box retail stores. Due to the proximity of the freeway and existing mid-size retail stores in the area, the Specific Plan allows flexibility for this district to accommodate a second hotel. The hotel would occupy approximately the same space as the retail buildings shown on the site plan. Northeast District: This district encompasses the eastern portion of the project site and includes all areas east of the main project entrance from Dinah Shore Drive. The intent of this district is to allow auto-oriented uses, including automotive repair and sales, drive-through restaurants, service stations, and similar types of uses. In addition, a third hotel site is possible within this district.All automotive services are screened from public view along Dinah Shore Drive and a thirty(30)-foot landscape buffer is provided between any building and the roadway. B. Tentative Parcel Map Tentative Parcel Map 37157 was prepared to subdivide the project site and to create sellable \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\Monterey Crossings\Planning Commission\PC-Staff Report Monterey Crossings.doc Staff Report Case No. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossings Specific Plan Page 4 of 7 April 4, 2017 portions of the project for interested tenants and businesses. A total of eleven (11) parcels are created within the project boundaries. Each parcel contains at least one building pad and parking facilities. Reciprocal access and parking easement are provided for all eleven (11) parcels. C. Circulation The project area is bounded by Monterey Avenue to the west, Dinah Shore Drive to the south and southeast, and Union Pacific Railroad to the north. Monterey Avenue and Dinah Shore Drive are built-out to their ultimate configuration. Because Monterey Avenue rises to the north to cross the railroad and Interstate 10, no vehicular access is provided into the project site from Monterey Avenue. Three vehicular access points into the project are provided along Dinah Shore Drive; one at the intersection of Dinah Shore Drive and Toni, one east of that intersection, and one at the southeast corner of the project.The Dinah Shore Drive and Toni intersection is signalized and will be improved to accommodate two left-turn pockets from Dinah Shore Drive into the project site. The southeast project entry will also have an unprotected left turn in from Dinah Shore Drive, while the middle project entry is limited to right-in and right-out vehicular movements. Dinah Shore Drive will also be improved to accommodate new sidewalks and landscape along the project perimeter. Analysis A. The Specific Plan: The current zoning designation for the property is PC-3 with an FCOZ. In accordance with the FCOZ, a Specific Plan document was prepared for development of a new commercial center. This Specific Plan is designed to establish a master site plan and coordinate land uses on properties in proximity to a freeway interchange. The applicant has satisfied this requirement by preparing the Specific Plan document. The 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 48-54). Staff supports the Specific Plan document as a means of identifying desirable land uses and development standards for this particular project.As proposed, the Specific Plan establishes a distinct project and provides a commitment of what will be built within the project boundaries, commits development of the project to a unifying architectural theme, and provides sufficient flexibility for changes to the project. Infrastructure distribution, including sewer, water, electricity, natural gas, communications, solid waste and drainage, is also included in the document. Infrastructure for such utilities is \\srv-f12k3\groups\Planning\Eric Ceja\Case Files\Monterey Cross ings\Planning Commission\PC-Staff Report Monterey Crossings.doc Staff Report Case No. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossings Specific Plan Page 5 of 7 April 4, 2017 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. Building Heights and Development Standards In general, the Specific Plan document follows the development standards established in the PC-3 zoning district. Perimeter street setbacks(30 feet), landscape requirements(20%), and maximum building coverage(40%)conform to the development standards of the PC-3 zone. The PC-3 zoning district also establishes a maximum building height of thirty-five (35) feet. Retail buildings within the Specific Plan boundaries conform to the maximum building height standards. The Specific Plan also allows for an additional ten (10) feet of height for architectural features. This standard is consistent with the standards for architectural elements in the Municipal Code. The Specific Plan establishes a maximum building height of fifty (50) feet for hotel developments within the project boundaries. This height limit exceeds the maximum building heights established in the PC-3 zone by fifteen (15) feet. Staff is supportive of the height increase, only for hotel development, as existing hotels in the vicinity were approved at forty- two(42)feet(Hampton Inn), fifty-six(56)feet(Fairfield Inn), and fifty(50)feet in height for the Millennium Specific Plan. In addition, hotel development at this site is sufficiently distant from existing residential development, is partially screened by the Monterey Avenue interchange, and impacts to surrounding views are limited. Architectural Standards Architectural plans for buildings 5, 6 and 8, and for the pedestrian plaza at the corner of Monterey Avenue and Dinah Shore Drive have been reviewed and approved by the City's ARC. The remaining buildings within the Specific Plan boundaries will require additional review by the ARC through an Architectural Review Application.The Specific Plan establishes architectural and design guidelines for all remaining buildings. The Specific Plan also provides a conceptual architectural rendering for all remaining buildings at the site, with the exception of Parcel 9. Because architectural renderings and color and material samples are incorporated into the Specific Plan, all new buildings will adhere to the standards provided for within the document. Staff believes that the document provides sufficient information and guidance to require compatibility and quality architecture for any new building development. Staff is recommending a condition of approval to require an Architectural Review application for any new building development with the exception of buildings 5, 6, and 8. Plan Flexibility The Specific Plan allows for sufficient flexibility in the ultimate land uses proposed within the project boundaries. Most parcels within the project boundaries have identified specific uses that will be built to satisfy the Specific Plan. However, parcels 2, 9, 10, and 11, which make up the Major Retail and Northeast District of the Specific Plan, allow for additional land use considerations. Specifically, the plan allows consideration of new hotel development on those parcels. Because this flexibility is built into the Specific Plan, amendments to consider those changes are not necessary, and staff would perform a consistency review of any land use \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\Monterey Crossings\Planning Commission\PC-Staff Report Monterey Crossings.doc Staff Report Case No. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossings Specific Plan Page 6 of 7 April 4, 2017 changes. Since new buildings will also require review by the ARC, staff is comfortable with the flexibility of the plan and believes that additional hotel development in proximity to the freeway is a benefit. One critical factor influencing the Specific Plan is the current peak traffic volumes, and the project's contribution to those traffic volumes, at the intersection of Monterey Avenue and Dinah Shore Drive. The flexibility in the plan may allow for changes in land uses so long as the developer can demonstrate that vehicle trips generated by these changes do not exceed the trip generation allocated under the Traffic Impact Analysis. Any changes to the land use will require additional staff review and demonstration by the developer that the traffic volumes are below the PM Peak trip budget. B. Tentative Parcel Map 37157 The parcel map to subdivide the project site into individual parcels conforms to all City standards and the Subdivision Map Act. All parcels have reciprocal parking and access easement to allow for vehicular and pedestrian movements within the project area. In addition Codes, Covenants and Restrictions (CCRs) will be established to further define responsibilities of all property owners within the Specific Plan. C. Circulation The circulation pattern internal to the site conforms to City standards for travel lane widths, vehicular stacking requirements, and parking stall dimensions. Every effort has been made to ensure that drive-through facilities have proper vehicle stacking and that vehicle queues are screened from public view. The main entry into the project at Dinah Shore Drive and Toni is also enhanced to create a grand entry and sense of identity for the project. The project necessitates modifications to the surrounding roadway, specifically the following: the Monterey Avenue and Dinah Shore Drive intersection and Dinah Shore Drive. The Monterey Avenue and Dinah Shore Drive intersection will be modified to accommodate a triple-left turn lane for eastbound traffic on Dinah Shore Drive heading north on Monterey Avenue, and a double-left turn lane for westbound traffic on Dinah Shore Drive heading south on Monterey Avenue. The project will also require modification of the intersection of Dinah Shore Drive and Toni to provide a double-left turn lane into the project site. Modifications to the existing median will also be made to accommodate a left-turn lane into the project site at the eastern most project entrance. The modifications to the Monterey Avenue and Dinah Shore Drive intersection,the Dinah Shore Drive and Toni intersection, and the Dinah Shore Drive median have undergone extensive review by the City's Traffic Engineer and in consultation with the City of Rancho Mirage. The roadway modifications are acceptable to City staff and should improve existing circulation patterns in the project vicinity and accommodate traffic generated by this project. \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\Monterey Crossings\Planning Commission\PC-Staff Report Monterey Crossings.doc Staff Report Case No. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossings Specific Plan Page 7 of 7 April 4, 2017 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 of Environmental Impact(MND). The initial study and MND are attached as part of this report and filing of the MND has occurred in accordance with CEQA Guidelines. Findinqs of Approval Findings in support of the project can be made and are provided in the Planning Commission Resolution attached to this staff report. Submitted By: Eric Ceja, Principal tanner Department ad: yan Stendel , Director of Community Development \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\Monterey Crossings\Planning Commission\PC-Staff Report Monterey Crossings.doc PLANNING COMMISSION RESOLUTION NO. 2693 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A SPECIFIC PLAN, PRECISE PLAN, A CONDITIONAL USE PERMIT, AND A TENTATIVE PARCEL MAP TO ESTABLISH THE MONTEREY CROSSINGS COMMERCIAL CENTER LOCATED ON 18 ACRES NORTH OF DINAH SHORE DRIVE, EAST OF MONTEREY AVENUE, AND BOUND BY UNION PACIFIC RAILROAD TO THE NORTH AND EAST CASE NOS: SP/PP/CUP/EA 16-188 & TPM 37157 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted; 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. 2015-75, in that 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 al[interested persons desiring to be heard, said the Planning Commission did find the following facts and reasons to exist to justify the approval of said request: 1. The Monterey Crossings Specific Plan, as proposed, is consistent with the goals and policies'.of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossings Specific Plan is compatible with adjacent properties and surrounding ,uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossings Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. 4. That the proposed Tentative Parcel Map is 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. PLANNING COMMISSION RESOLUTION NO. 2693 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a mitigated negative declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. Findings for Approval: 1 . That the density of the proposed subdivision is consistent with applicable general and specific plans. The project includes a mix of commercial uses and intensities ranging from drive-thru restaurants, pad buildings, general retail, and automotive services. In addition, hospitality facilities for up to two hotel sites are provided with the project area. The General Plan identifies the project area as being within the "Regional Retail District" and encourages the mix of "large-format retail, commercial services, and lodging." As it relates to General Plan Land Use Goal 1 and 2, the project provides a scale of development suitable for the Monterey Avenue corridor and provides a pedestrian focus by providing interconnecting pedestrians paths and sidewalks both internally to the project and externally to the surrounding developments. Specifically, the project complies with Land Use policy 2.9 "Commercial Requirements" in that building frontages are sidewalk adjacent, vehicle intrusions across sidewalks are minimized, and an outdoor plaza and dining areas are provided. 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 perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for the type of development. The 18-acre' site located at the northeast corner of Monterey Avenue and Dinah Shore Drive is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the project site. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing regional commercial centers in the vicinity have successfully constructed similar types of development and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically 2 PLANNING COMMISSION RESOLUTION NO. 2693 suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Mitigated Negative Declaration. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by regional commercial centers to the south, southwest, and west, and the Union Pacific Railroad to the north. As proposed, the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan includes°commercial and hotel development within the project area at heights and intensities similar to existing commercial and hotel uses in the vicinity and along Interstate 10 in the City of Palm Desert. 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, drainage, shared vehicle access and parking requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways. Mitigation measures are also in place to minimize air and noise impacts from the adjoining railroad and freeway. 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 and electrical distribution easements located within and adjacent to the project site. The parcel map identifies the use of this area and will record an easement for 3 PLANNING COMMISSION RESOLUTION NO. 2693 drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built-out to the General Plan designation and the developer will make modifications to Dinah Shore Drive for project access. In addition, the developer and the City will make modifications to the existing signalized intersection of Monterey Avenue and Dinah Shore Drive to accommodate any increased traffic demand. Pedestrian connections are provided throughout the project area and an enhanced pedestrian plaza is provided at the intersection of Monterey Avenue and Dinah Shore Drive. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve SP/PP/CUP/EA 16-188 and TPM 37175, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4th day of April 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2693 CONDITIONS OF APPROVAL CASE NOS. SP/PP/CUP/EA 16-188 and TPM 37175 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record Tentative Parcel Map 37175'' within two (2) years of project approval. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan, 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 the 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. 5 PLANNING COMMISSION RESOLUTION NO. 2693 7. Land uses identified in the City's Planned Regional Commercial zoning district and Freeway Commercial Overlay Zone are permitted within the Specific Plan boundaries. 8. Each developable building pad shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 9. All building pads 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. 10. All future building development within the project site shall generally conform to the architectural renderings provided in the Specific Plan and Precise Plan applications. Building design deviations are permitted, but shall conform to the architectural guidelines and colors and material samples provided for in the Specific Plan. 11. Architectural plans for Buildings 5, 6 and 8, and the pedestrian ''plaza at the intersection of Monterey Avenue and Dinah Shore Drive were approved by the City's Architectural Review Commission. All other buildings within the Specific Plan shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for final approval. 12. Parcels 2, 9, 10, and 11, may propose alternative land uses and site design other than those identified in Tentative Parcel Map 37157. Land uses and site design shall conform with the language provided for in the Specific Plan, including that any alternative land uses or site design does not exceed the P.M. Peak trip budget identified in the Traffic Impact Analysis prepare for this Specific Plan. 13. All drive-through restaurant queues, and automotive service and repair bays, shall be screened'from public views along Dinah Shore Drive. Screening methods shall include block walls, landscape mounding, and landscape hedges. Screening methods for these uses shall be identified in the Architectural Review application. 14. Final landscape plans shall be prepared by a registered and licenses landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. 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 the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications and details must be site specific. 6 PLANNING COMMISSION RESOLUTION NO. 2693 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. 15. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on-site public art project within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 16. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 17. 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. DEPARTMENT OF PUBLIC WORKS: 18. The parcel map shall be submitted to the City Engineer for review and approval. 19. Easements for drainage, reciprocal access, parking, sidewalk and public utility purposes shall be required on the parcel map. 20. Right-of-way, as may be necessary for the construction of required public improvements, shall be provided on the parcel map. 21. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 22. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 23. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 24. Prior to City Council approval of final Tentative Parcel Map 37157, the applicant shall 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 including but are not limited to: A. The traffic signal modification at Toni and Dinah Shore Drive. B. Construction of an 8' curb adjacent sidewalk on Dinah Shore Drive. C. Median modification on Dinah Shore Drive per design approved by the Public Works Department. 7 PLANNING COMMISSION RESOLUTION NO. 2693 D. Traffic signal vehicle detection and striping modification on Dinah Shore Drive for an eastbound triple left turn and dual westbound left turn lanes on Monterey Avenue. 25. Tentative Parcel Map 37157 shall retain to the 100-year storm. 26. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 27. Identify all proposed and existing utilities on the precise grading plan. 28. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 29. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control 30. 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 a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County's Recorder Office and a conformed copy shall be provided to the Department of Public Works. 31. 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. 32. The applicant shall pay park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the recordation of the tract map. BUILDING AND SAFETY DEPARTMENT: 33. Development of this project shall comply with the latest adopted edition of the following codes;,., A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. 8 PLANNING COMMISSION RESOLUTION NO. 2693 H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 34. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 35. 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 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 36. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 37. 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. 38. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 39. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 40. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 41. 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. 42. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 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 PDMC Section 15.28 from the Department of Building and Safety counter staff. 43. Please contact Cherie Williams, Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. 9 PLANNING COMMISSION RESOLUTION NO. 2693 FIRE DEPARTMENT: 44. The project may have a cumulative adverse impact to the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increases presence of structures, traffic and population. This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 45. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to the building permit issuance. 46. Fire Department water systems(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building''permit issuance. Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. 10 I Y ;L 73-5io FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6ii FAx: 760 341-7098 info@palm-deserr.org CITY LEGAL NOTICE CASE NOS. SP/PP/CUP/EA 16-188 & TPM 37157 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR A PRECISE PLAN CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP 37157 FOR A SPECIFIC PLAN DOCUMENT FOR MONTEREY CROSSINGS AN 18-ACRE COMMERCIAL DEVELOPMENT BOUNDED BY DINAH SHORE DRIVE TO THE SOUTH MONTEREY AVENUE TO THE WEST,AND UNION PACIFIC RAILROAD TO THE NORTH AND EAST 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 located at the northeast corner of Dinah Shore Drive and Monterey Avenue and is bounded by Dinah Shore Drive to the south, Monterey Avenue to the west, and Union Pacific Railroad to the north and east. Project Description: The project consists of 18 acres bounded by Dinah Shore Drive to the south, Monterey Avenue to the west, and Union Pacific Railroad to the north and east. A Specific Plan has been submitted to establish design criteria, provide development flexibility and to establish permitted uses, including drive-through restaurants, hotels, automotive service and sale facilities, and general retail uses. A total of 73,200 square feet of commercial space is proposed for the site. A four-story hotel, at a maximum height of fifty (50), is proposed at the northwest corner of the site. Recommendation: Staff is recommending that the Planning Commission approve a Notice of Intent to adopt a Mitigated Negative Declaration and recommend approval of the Specific Plan and supporting applications to the City Council. Public Hearing: The public hearing will be held before the Planning Commission on April 4, 2017, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from March 22, 2017 to April 4, 2017. Public Review: The Mitigated Negative Declaration, Specific Plan, and supporting documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the 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, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary 7 3—5 10 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 2 60-2 5 7 8 TEL: 760 346-o6 i i info@cit)�ofpalmdesert.org December 16, 2016 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION CASE NO: SP/CUP/PP/EA 16-188 TTM 37157 APPLICANT AND ADDRESS: FOUNTAINHEAD SHRUGGED, LLC, c/o Vasanthi Okuma, 1401 Quail Street, Suite 100, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve the specific plan for; Monterey Crossings. LOCATION: NEC Monterey Avenue and Dinah Shore Drive ZONE: P.C. (3) F.C.O.Z. Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval of the Specific Plan, site landscaping, and architecture for Buildings 5, 6, and 8 as submitted subject to: 1) consider a wind defense on the west elevation in an architecturally compatible manner; 2) review the canopy on the north elevation of Building #6 and aligning it rather than having a staggered step; and 3) quality of materials to relatively remain as submitted. Date of Action: December 13, 2016 Vote: Motion carried 6-0-2, with Commissioners McIntosh and Vuksic absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. %4� .PAl11IE0.ON AE(YElEO PgPF0. CITY OF PALM DESERT CEQA Environmental Checklist& Environmental Assessment Project Title: Monterey Crossing, Specific Plan 16-166 Conditional Use Pen-nit 16-166 Tentative Vesting Parcel Map 37157 Waiver of Parcel Map 16-166 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, Principal Planner 760-346-0611 Project location: The northeast corner of Monterey Avenue and Dinah Shore Drive. Project sponsor's name and address: Fountainhead Shrugged, LLC Vasanthi Okuma 1401 Quail Street Suite 100 Newport Beach, CA 92660 General Plan Designation: Zoning: Regional Commercial(C-R) Planned Regional Commercial(PC3) Freeway Commercial Overlay(FCOZ) 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 is a commercial development comprised of a four story hotel building with 130 hotel rooms; and 73,200 square feet of single story commercial development comprised of a 6,815-square-foot automobile sales building, car wash and sales lot, an 12,185 square-foot tire store, two multi-tenant retail/restaurant buildings totaling 14,400 square feet, three fast-food restaurants with drive-through service totaling 11,200-square feet, and three contiguous buildings for retail uses totaling 28,600 square feet (See Exhibit 4; Table 1). The project is located on 17.79 acres of undeveloped land bounded by Dinah Shore Drive on the south, undeveloped desert land on the east, Monterey Avenue on the west, and the Interstate-10/Union Pacific Railroad to the north,in the City of Palm Desert, California. Access to the project site will be provided via one primary full-access driveway at Toni Drive and Dinah Shore Drive, one right-in/right-out only driveway on Dinah Shore Drive to the east of the primary entry, and one right-in/right-out/left-in only (left-turn egress is restricted) driveway at the east end of the property onto Dinah Shore Drive. Interior driveways will connect all buildings within the project site. Parking areas (651 spaces) will be provided for each building throughout the project site. An infiltration basin has been designed for the project site, located on the northern portion of the site paralleling the existing railroad tracks. The infiltration basin is a flat earthen basin and will capture the design capture volume from the site. The total capacity of the infiltration basin is approximately 14,223 cubic feet. Dry wells would be implemented throughout the project site at key locations. The project site consists of two parcels: 685-020-020 and 694-060-010. The County of Riverside owns parcel 685-020-020, and Coachella Valley Water District (CV WD) owns parcel 694-060-010. Both of these parcels together create a triangle-shaped parcel. -1- The project site is being subdivided into 11 parcels (Tentative Parcel Map 37157) to allow mixed commercial development (hotel, restaurants, retail, and auto sales). Both a tentative and final map are required by the State Subdivision Map Act (Government Code Section 66410 et seq). The applicant has submitted "Parcel Map Waiver 16-166" along with the application package to allow the auto sales parcel to be created and to be purchased simultaneously with the closing of the property and ahead of the recordation of the parcel map. Existing Project-Site Conditions: The project site is currently undeveloped and vacant, with the exception of a walled well site at its southeastern corner. A perimeter wall was built around parcel number 694-060-010 between 2004 and 2005 which is still present. Monterey Avenue rises significantly along the property boundary, to cross over the I-10 and railroad rights-of-way. As a result, the project site occurs at a lower elevation than most of Monterey Avenue. Dinah Shore Drive is fully developed to the south of the site, including a free right turn"pork chop" at its intersection with Monterey Avenue. A CVWD sewer trunk line is located along the northern edge of the project site. A second sewer line, which enters the site at the corner of Monterey Avenue and Dinah Shore Drive and extends northeasterly to connect to the trunk line, will be relocated to Dinah Shore Drive, and will turn north into the site under the main access driveway. The site topography gently slopes at 1% towards the easterly end of the site towards an existing drainage channel which parallels the Union Pacific Railroad. A summary of the proposed building square footages and project components follows: Table 1 Monterey Crossing Proposed Building Square Footage Projected Building Square Parcel Stalls Stalls Footage/Hotel No. Land Use Acres Required Provided Rooms 1 Hotel 2.65 130 130 130 2 Retail 1.11 30 50 10,000 3 Fast Food Restaurant 0.73 24 29 3,000 4 Fast Food Restaurant 0.90 39 50 4,800 5 Retail/Restaurant 1.07 66 66 8,400 6 Retail/Restaurant 0.93 48 56 6,000 7 Fast Food Restaurant 0.85 27 32 3,400 8 Retail/tire store 1.59 12 33 12,185 9 Auto Sales 5.34 14 77 6,815 10 Retail 1.27 30 64 10,000 11 Retail 1.35 30 64 8,600 73,200 s.f./ Total 17.79 450 651 130 rooms * Source: Monterey Crossing Site Plan by Bickel Group Architecture Zoning Standards The proposed site is currently zoned for Planned Regional Commercial (PC-3) which allows commercial -2- development. A Conditional Use Permit (CUP) is required to allow the following uses: hotels (full service, limited service and extended stay), automotive sales (including car wash for sales lot and repair facilities), automotive repairs, automotive parts and service including tire store, medical office and laboratories, fast food restaurants with drive-through, and alcohol sales for restaurants (full service, fast casual and fast food). An additional CUP will be required to allow alcohol sales not a part of restaurant should a retail location propose alcohol sales. The City applies a Freeway Commercial Overlay Zone (FCOZ) district regulation to development close to freeways. The main purpose of FCOZ is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage. The site is located within the FCOZ. Project Applications The applicant has filed a Specific Plan application, to allow for variation from City zoning standards. A Conditional Use Permit has been filed to address the conditionally permitted uses in the zone. And a parcel map is proposed to subdivide the property for each land use/building proposed. Utilities and Service Providers The following utilities will provide service to the project: 1. Sewer: Coachella Valley Water District(CVWD) 2. Water: Coachella Valley Water District(CVWD) 3. Electricity: Southern California Edison(SCE) 4. Gas: Southern California Gas Company 5. Telephone: Frontier(Formally Verizon) 6. Storm Drain: City of Palm Desert Environmental Setting and Surrounding Land Uses The subject property is located in the northwesterly portion of the City. The site is undeveloped, vacant, relatively flat, and contains sparse native vegetation. Land uses nearby and adjacent to the site are mainly commercial and office uses. The nearest residential development is located approximately 0.159 miles (256 meters)northeast of the project site, on the north side of I-10. North: Union Pacific Railroad,Interstate-10(1-10) South: Dinah Shore Drive, Commercial development East: Undeveloped desert land, SCE electrical poles, CVWD drainage and levee West: Monterey Avenue,Costco Wholesale Other public agencies whose approval is or may be required(e.g.,permits, financing approval, or participation agreement.) None. -3- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED. The envirormental factors checked below would be potentially affected by this project,involving at mast one impact that is a "Potentially Significant Impact"as indicated bv,the checklist can the following pages, Aesthetics agriculture and 1 [� Air Quality Forestry Resources Biological Resources � Cultural Resources El ,Neology "Sails i Greenhouse Gras hazards& Hazardous gy Quality y 1 Emissions Materials � ilydrerlo Water u�ihty 3 Land Use Planninv El. Mineral Resources 0 i Noise ++:1 Population= Dousing Public Sen,aces Recreation � { i E TrarrsponatiowTraffic utilities Service Nlandatory Findings o Systems Siznificance DETERN41NATION: Jo be completed by the Lead Agency) On the basis of this initial evaluation: I fine] that the proposed project COULD NOT have a significant effect can the environment, and a NEGATIVE. DECLARATION will be prepared, _ ... I find that althougli the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been trade by or weed to by the project proponent. A MITIGATED NEGATIVE DECLARATION "^i11 be prepared, I find that the proposed project MAY have it significant effect on the environn"tent. and an ENVIRONMENTAL IMPACT REPO T is required. 1 I rind that the proposed project :vtAt' have a "potentially significant impact" or "potentially significant unless mitigated" impact on the enviroru-rent. but at least one effect 1) has been j adequately analyzed in an earlier document pursuant to applicable legal standards, and ) Etas been addressed by mitigation measures based on the earlier analysis as described on attached lsheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the 1 effects that rernaitt 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 E:IR ' I j 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 unposed upon the proposed project, nothing further is required, y I ric. Ceja,Principe f lannrr Date City of Palm Des 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 XVII, "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- t CALIFORNIA �f PACIFIC OCEAN MEXICO �` Rrver�su�e s Desert Not Springs G h-Tn� Palm Springs Cathedral City. _ yg3 i Rancho Mirage' R04 Desert :»indto lndian iA1 s° 'Coachella La quints° RIVERIVASM&E COU104 I I N w T Ln a co r Monterey Crossing Exhibit L 'A TERRA NOVA Regional Location Map 1 PLANNING 8 RESEARCH,INC. Palm Desert, California 9LIVS0 .. N sow 0 r i 7 do r wig 1 1 _ f � 4 AS � O CL £p' � ,,,F •. � e sly ��:a� �V ;N'I q{\s fol ol < a a�� � 75 � � ® � i�• `� ,��y��; i to a a p o 2 E 1 '4 QCLL b n AS a u, t m IN Cr ..: 0 L c� c°o i`. J I r ? � �aPPRtJ�XIM SITE " -44 LOCATIO. -�- w x AL a Dinah Shore Drive > � N r s. � a p{ gg a E N CD It Source:Earth Systems Southwest,Water Quality Management Plan,2016 yr o r 1 Monterey Crossing Exhibit L .1 TERRA NOVA Project Location Map 3 PLANNING S RESEARCH,INC. Palm Desert, California WSTOL .. 10 a to A s $ e /+ CL �' t •� 'ems+` � F �# � xa a to i s d ca is r r l � CD f e '� � � y•' �. ��rw .gg 1 �j x 99 7 �� > � U T ��� 1 U -: y ' cD _ Lei = ' 9 Lu L m cn L. �d 9 VZO'60 .. x LO uw f F fin a In Aca C1• ± f,,' -' CM•E o 0 i V .P N •�� CD a f i'ph 77 CM 9E?p CD 0a$iC uCD � '1110- ` cn E-... :.� 34.w Yh•ihA ,— � f••A 4,,�, roi, ,A--rx:'ma" ui CN'� +CV A3kiihxq -Rww Yv.`A U i T co : J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I.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; Palm Desert General Plan 2016; Zoning Ordinance; Municipal Code; Project's site plan and architectural design plans. Setting The City of Palm Desert, including the project site, is located in the Coachella Valley, surrounded by the San Bernardino, San Jacinto, and Santa Rosa Mountain Ranges in all directions. The San Bernardino, Santa Rosa, and San Jacinto Mountain Ranges have a significant rise over the valley floor and are visible from most locations in the City. The foothills of the San Bernardino Mountains extend along the northerly and easterly portion of the City, beginning approximately 2.85 miles northeast of the subject property. The foothills of the Santa Rosa and San Jacinto Mountains extend along the westerly and southerly portions of the City, beginning approximately 4.27 miles southwest of the subject property. Ultimate development of the site will result in the construction of mixed-use single story commercial buildings and a hotel of up to four stories in height. Discussion of Impacts a) Less Than Significant Impact. The subject property is located approximately 2.85 miles southwest of the San Bernardino Mountain foothills and approximately 4.27 miles east of the Santa Rosa and San Jacinto and Mountain foothills, which are considered a scenic vista for much of the Coachella Valley(See Exhibit 1 and 2).From the subject property, scenic views of the San Bernardino Mountains are to the north, northeast, and east. Views of the San Jacinto and Santa Rosa Mountains are to the south and west. Views of the lower elevations of the mountains are blocked by intervening development in all directions. However, middle and upper elevations of the mountains are visible above. Lands immediately to the east are currently undeveloped natural space (See Exhibit 2). The mountains are visible to the east and southeast, but are more distant, so their immediate scenic value is diminished. Surrounding views have been impacted to some extent by surrounding commercial development to the south and west and by the Union Pacific Railroad/Interstate-10 to the north. Currently, the subject property is vacant and undeveloped, and is surrounded by commercial buildings to the south and west, consistent with other urban development in the area in scale and -It- height. The development of the proposed project will primarily affect scenic mountain views as seen from properties west and south of the subject site. Building height on the subject site can extend to 50 feet. The ultimate construction of mixed-use commercial buildings on the site would result in limited obstruction of views for viewers looking to the east and north from Dinah Shore Drive, insofar as four stories would result in short-range view blockage. However, views to the northwest would remain. Subdivision of assessor's parcel numbers 685-020-020 and 694-060-010 into eleven parcels and project implementation will impact views from other properties in the project vicinity to a lesser degree.From the south and west, street level views of the Costco Wholesale and Sam's Club will remain largely unchanged from current conditions. Building appearances and materials can be expected to be similar to existing structures in the area(See Exhibit 6, 7, 8, 9, and 10). The architectural design plan proposes hotel building heights of up to 50 feet (four stories) in Parcel 1, and up to 40 feet for the other mixed commercial planning areas (See Exhibit 6, 7, 8, 9, and 10). The proposed project will include full site improvements, including landscaping and architecturally treated buildings to enhance the site's appearance (See Exhibit 11). Build-out of the proposed project would result in limited new obstruction to surrounding views. Proposed building appearance and materials will be consistent with surrounding development. Overall, although there will be some impact from the proposed project on short-range views to the west and south, impacts to views of scenic vistas from surrounding properties will be less than significant. b) No Impact. The project site is located south of Union Pacific Railroad/Interstate-10. It is not located within a state scenic highway or locally designated scenic corridor. It does not contain scenic resources such as rock outcroppings or trees. No impact is expected. c) Less Than Significant Impact. The project site is currently vacant and undeveloped. The ultimate commercial development of the site will result in the construction of a four-story hotel building and 30 to 40 foot high commercial buildings in a style that is expected to be consistent with the style of development in the area (See Exhibit 6, 7, 8, 9, 10). Commercial buildings to the west and south of the subject property have maximum heights of about 30 feet. For the proposed mixed-use commercial development, structure heights of up to 50 feet would be somewhat greater (up to 20 feet) than the building heights currently occurring in the immediate vicinity. Buildings to the south are located at a higher elevation than the proposed project site, and will appear consistent. Buildings to the west are located at an elevation equal to or less than the project site, but are separated by the Monterey Avenue right of way, and are of similar character. The Specific Plan zoning and design standards will be incorporated into the project to assure that project's structure heights and associated visual impact will be less than significant. The visual character of Monterey Avenue and Dinah Shore Drive is similar to that proposed for the project, being dominated by commercial development immediately west and south of the site. The existing buildings are up to 30 feet in height (i.e. Costco Wholesale, Sam's Club, and a gas station). The proposed project will increase the mass of the structures on Monterey Avenue and Dinah Shore Drive, but design review and the inclusion of view corridors, variations in building massing and high quality architectural treatment to the structures will improve the visual character.The impacts associated with visual character are expected to be less than significant. -12- d) Less Than Significant Impact. The site is currently vacant and undeveloped and there is no lighting onsite. Implementation of the Specific Plan, Conditional Use Permit and Tentative Vesting Parcel Map can be expected to generate increased levels of light and glare from interior and exterior building lighting, safety and security lighting, landscape lighting, and vehicles accessing the site. However, lighting and glare levels are not expected to exceed typical levels within the surrounding urban environment, and will be regulated by the city's lighting standards. The project will be designed according to the city's zoning ordinance and will properly shield light fixtures to minimize spillage onto adjacent properties. The zoning ordinance and design standards will be incorporated to assure that project light and glare impacts will be less than significant. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -13- 3 w a �Ors r II 4 NOW II I yl NORTH ELEVATION ' J V �I�liu�ll�fll��71 I,ty,i' E�1��+��Yl�il���+�x�1�491iY1�1��IM� ��11 ' li Illli il'II MR ram� 3 SOUTH ELEVATION to r N O Source: Bickel Group Architecture, Inc.,2016 c Monterey Crossing Exhibit L j TERRA NOVA Building Elevations - North and South 6 PLAN14ING&RESEARCH,INC, Palm Desert, California 9L70'60 ,. ti W : ems; / r N y � � y LL! N � � E � N U U c *; >, O c m0 O LU E � a m few ism.. U c � �i+ M all a � 0 � Ne l.6� ix W J_ 9VZO'60 00 ul 4 CM CL m ((D Fu a) .......... ma .......... WWI ,v LU ........... 0 C21 9L V60 w w Al k A off A c W 10 ti kk we �, 1, 4 ' l s U) t a 'L a 2 .2 (� L O �Q E 1 SW O O U a o sx Y cr Up 7 cn L -4 9VZO'60 .• x w M � i3 a i i` a •• a_ d i OM � jI- •N N � O z O U W W cO S � a m 'l i. a x ' •Arm �. S•s�:•. a��EE� € ,� � C L7 or y� Q O •' (� mot'" �' ,. . 9L70-60 := Z.ff x ui It I Md.111 MEW '110N. 1 I AIR jQ�g WWI �P Rm f Aims " n;, 2, thin: 1010 A'S za gy MOSCOW 1 L At- W 14 A CD Cc cc 3 con L �A Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I1. 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 Plan 2004; Palm Desert General Plan 2016; Riverside County Important Farmland Map, 2010. Setting The project site is located in an area of the City designated for commercial land use. There are no active agricultural lands within the vicinity of the project. Discussion of Impacts a-e) No Impact. Currently, the project site is designated as regional commercial (C-R) on City land use maps. According to the Riverside County Important Farmland, 2010 map, the area is considered Other Land and is not suitable for livestock grazing, confined livestock, or poultry. The site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance by the California Department of Conservation. In addition, the site is surrounded by lands which are not in agricultural uses. The proposed development will not conflict with zoning for agricultural uses or a Williamson Act contract. It will not result in other changes that could result in the conversion of farmland to non-agricultural uses. There will be no impact to agricultural resources as a result of the proposed project. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -20- 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 X of the applicable air quality plan? 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 X substantial number of people? Source: Patin Desert General Plan 2004; "Air Quality and Greenhouse Gas Technical Report for the NEC Dinah Shore and Monterey Avenue Development Project," prepared by Dudek in August 2016; "Health Risk Assessment Impact Analysis"prepared by Kunzman Associates,Inc. in August 2016 Setting The project site is located in the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District(SCAQMD). All development within the SSAB is subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The proposed site is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio. The Indio station has been operational since 1985 and the Palm Springs station since 1987.A new station in Thermal was recently established, but has limited data collected at this time. The California Emissions Estimator Model (CalEEMod) Version 2013.2.2 was used to project air quality emissions that will be generated by the proposed projects construction and calculate the maximum number of acres disturbed during peak hours per day using crawler tractors, graders, rubber tired dozers, and scrapers. Criteria air pollutants are contaminants for which state and federal air quality standards have been established. The Salton Sea Air Basin exceeds state and federal standards for fugitive dust (PM,o) and ozone (03), and is in attainment/unclassified for PM2.5. Ambient air quality in the SSAB, including the project site, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates,hydrogen sulfide, or Vinyl Chloride. -21- Table 2 Ambient Air Quality Standards California Standard? National Standards Pollutant Average Time �,� Concentration' Primary Secondary 03 1 hour 0.09 ppm (180 µg/m') Same as Primary 8 hours 0.070 ppm (137 µg/m') 0.070 ppm(137 Standard{ µg/m')f NW' 1 hour 0.18 ppm (339 µg/in') 0.100 ppm (188 Same as Primary Standard Annual Arithmetic 0.030 ppm (57 µg/m') 0.053 ppm (100 Mean µg/m') CO 1 hour 20 ppm (23 mg/m') 35 ppm (40 mg/m') None 8 hours 9.0 ppm (10 mg/m') 9 ppm (10 mg/m') SO,� 1 hour 0.25 ppm (655 µg/m') 0.075 ppm (196 — µg/m') 3 hours 0.5 ppm (1,300 µg/m') 24 hours 0.04 ppm (105 µg/m') 0.14 ppm (for certain — areas)` Annual 0.030 ppm(for certain — areas)` PM'0' 24 hours 50 µg/m, 150 µg/m' Same as Primary Annual Arithmetic 20 µg/m' Standard Mean PM,;' 24 hours — 35 µg/m3 Same as Primary Standard Annual Arithmetic 12 µg/m' 12.0 µg/m' 15.0 µg/m' Mean Lead'" 30-day Average 1.5 µg/m' Calendar Quarter — 1.5 µg/m3(for certain Same as Primary areas)" Standard Rolling 3-Month 0.15 µg/m' Average Hydrogen 1-hour 0.03 ppm (42 µg/m3) sulfide Vinyl 24-hour 0.01 ppm (26 µg/m3) chloride' Sulfates 24-hour 25 µg/m' Visibility 8-how-(10:00 a.m. to Insufficient amount to — — reducing 6:00 p.m. PST) produce an extinction particles coefficient of 0.23 per kilometer due to particles when the relative humidity is less than 70% Source: CARB 2016b. Notes: ppm=parts per million by volume;µg/m3=micrograms per cubic meter;mg/m3=milligrams per cubic meter. a California standards for 03,CO,SO,(1-hour and 24-hour),NO,,suspended particulate matter—PMio,PM1.5,and visibility-reducing particles,are values that are not to be exceeded.All others are not to be equaled or exceeded.CAAQS are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. e National standards(other than 03,NO,,SO,,particulate matter,and those based on annual averages or annual arithmetic mean)are not to be exceeded more than once a year.The O3 standard is attained when the fourth highest 8-hour concentration measured at each site in a year,averaged over 3 years,is equal to or less than the standard.For PM10,the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter(µg/m3)is equal to or -22- less than one.For PM,.',the 24-hour standard is attained when 98%of the daily concentrations,averaged over 3 years,are equal to or less than the standard. Concentration expressed first in units in which it was promulgated.Equivalent units given in parentheses are based upon a reference temperature of 25'Celsius(°C)and a reference pressure of 760 torr.Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 ton-;ppm in this table refers to ppm by volume,or micromoles of pollutant per mole of gas. d National Primary Standards:The levels of air quality necessary,with an adequate margin of safety to protect the public health. e National Secondary Standards:The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. f On October 1,2015,the primary and secondary NAAQS for O;were lowered from 0.075 ppm to 0.070 ppm. To attain the 1-hour national standard,the 3-year average of the annual 98th percentile of the I-hour daily maximum concentrations at each site must not exceed 100 parts per billion(ppb).Note that the national 1-hour standard is in units of ppb.California standards are in units of parts per million(ppm).To directly compare the national 1-hour standard to the California standards the units can be converted from ppb to ppm.In this case,the national standard of 100 ppb is identical to 0.100 ppm. n On June 2,2010,a new 1-hour SO,standard was established and the existing 24-hour and annual primary standards were revoked.To attain the 1-hour national standard,the 3-year average of the annual 99th percentile of the l-hour daily maximum concentrations at each site must not exceed 75 ppb.The 1971 SO,national standards(24-hour and annual)remain in effect until I year after an area is designated for the 2010 standard,except that in areas designated nonattainment of the 1971 standards,the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved. On December 14,2012,the national annual PM,,primary standard was lowered from 15 µg/m'to 12.0 µg/rn3.The existing national 24- hour PM,;standards(primary and secondary)were retained at 35 µg/m',as was the annual secondary standard of 15 µg/m'.The existing 24-hour PM10 standards(primary and secondary)of 150 µg/m3 also were retained.The form of the annual primary and secondary standards is the annual mean,averaged over 3 years. CARB has identified lead and vinyl chloride as TACs with no threshold level of exposure for adverse health effects determined.These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants. x The national standard for lead was revised on October 15,2008,to a rolling 3-month average.The 1978 lead standard(1.5 µg/m3 as a quarterly average)remains in effect until one year after an area is designated for the 2008 standard,except that in areas designated nonattainment for the 1978 standard,the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. The proposed project impacts may include emissions of pollutants identified as Toxic Air Contaminant (TAC). The greatest potential for TAC emissions during construction would be diesel particulate emissions from heavy equipment operations and heavy-duty trucks and the associated health impacts to sensitive receptors. The project's proximity to the railroad and high-volume of traffic on I-10 increase the TAC hazard for sensitive receptors, including hotel guests. These air pollutants are highly toxic and may pose health risks in human beings. The major concern is that TACs may cause cancer. For this reason, a "Health Risk Assessment Impact Analysis" was prepared by Kurtzman Associates, Inc. in August 2016 for the proposed project to assess the possibilities of cancer risks from diesel particulate mater (DPM) emissions associated with the Interstate-10/Union Pacific Railroad, located north of the project site. Ultimate development of the site will result in short-term impacts associated with site disturbance and construction,and long-term impacts associated with mobile emissions and facility operation. Discussion of Impacts a) No Impact. The project site is located in the Salton Sea Air Basin (SSAB) and will be subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. The proposed project is consistent with the City of Palm Desert land use designations assigned to the subject property. Therefore, the proposed project is consistent with the intent of the AQMP and will not conflict with or obstruct implementation of the applicable air quality plan. No impact associated with compliance with applicable management plans is expected. -23- b) Less Than Significant Impact. The California Emissions Estimator Model (CalEEMod) Version 2013.2.2 was used by Dudek to project air quality emissions that will be generated by the proposed project. Criteria air pollutants will be released during both the construction and operation of the proposed project, as summarized in Tables 4 and 5. Table 4 summarizes short- term construction-related emissions, and Table 5 summarizes ongoing emissions generated during operation. Construction Emissions The construction period includes all aspects of project development, including site preparation, grading, hauling, paving, building construction, and application of architectural coatings. For analysis purposes, and to provide a conservative analysis, it is assumed that construction will occur over 18 months' period from early 2017 to mid 2018. The assumptions used for the construction period are shown in Table 3. Table 3 Construction Scenario Assumptions One-way Vehicle Trips Equipment Construction Average Phase Daily Worker Average Daily Total Haul Usage Trips Vendor Truck Trips Truck Trips Equipment Type Quantity Hours Site Preparation 18 0 0 Rubber Tired Dozers 3 8 Tractors/Loaders/Backhoe 4 8 s Grading 20 0 0 Excavator 1 6 Grader 1 6 Rubber Tired Dozers 1 6 Scrapers 1 6 Tractors/Loaders/Backhoe 1 6 s Building 340 136 0 Cranes 1 7 Construction Forklifts 3 8 Generator Sets 1 8 Tractors/Loaders/Backhoe 3 7 s Welders 1 8 Paving 16 0 0 Pavers 2 8 Paving Equipment 2 8 Rollers 2 8 Architectural 68 0 0 Air Compressors 1 6 Coating As shown in Table 4, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant. The model was run with two assumptions: that a fugitive dust control program,as required by SCAQMD Rule 403 and the Coachella Valley SIP would be implemented, and that low VOC architectural coatings would be employed. -24- Table 4 Estimated Maximum Daily Construction Emissions VOC NO, CO so, PM" PM,." Year (pounds/day) (pounds/day) (pounds/day) (pounds/day) (pounds/day) (pounds/day) Strrn na er 2017 6.17 69.67 47.82 0.10 10.00 6.46 2018 38.23 33.98 43.81 0.10 6.36 2.85 Winter 2017 6.16 69.68 47.82 0.10 10.00 6.46 2018 38.22 34.28 43.27 0.10 6.36 2.85 Maximum Daily 38.23 69.68 47.82 0.10 10.00 6.46 Pollutant Threshold 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes:These estimates reflect control of fugitive dust required by Rule 403 requiring that active sites are watered three times daily which would result in a 61%reduction of fugitive dust emissions and Rule 1 113 requiring architectural coatings to have low VOC content. Operational Emissions Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy demand (electricity), and mobile source (vehicle) emissions. Traffic generation trip rates were calculated by Linscott, Law & Greenspan, Engineers (LLC). It was assumed that the project would generate approximately 7,803 daily vehicle trips. Table 5 provides a summary of projected emissions at operation of the proposed project. -25- Table 5 Estimated Daily Maximum Operational Emissions VOC NO, CO SO, PM, PM,s Emission Source (pounds/day) (pounds/day) (pounds/day) (pounds/day) (pounds/day) (pounds/day) Summer Area 16.50 0.00 0.11 0.00 0.00 0.00 Energy 0.24 2.20 1.85 0.01 0.17 0.17 Mobile 20.21 39.12 153.43 0.38 25.26 7.12 Total Summer 36.95 41.32 155.39 0.55 25.43 7.29 Winter Area 16.50 0.00 0.11 0.00 0.00 0.00 Energy 0.24 2.20 1.85 0.01 0.17 0.17 Mobile 19.77 40.46 154.29 0.35 25.26 7.13 Total Winter 36.51 42.66 156.25 0.36 25.43 7.30 Maximum Daily 36.95 42.66 156.25 0.55 25.43 7.30 SCAQMD pollutant 75 100 550 150 150 55 threshold Threshold exceeded? No No No No No No Notes:These estimates reflect states goal of 20%reduction in indoor water use and 25%reduction in outdoor water use,compliance with 2013 Title 24 standards,City's goal of exceeding Title 24 by 10%,and the City's waste diversion goal of 74%. VOC=volatile organic compound; NO, =oxides of nitrogen; CO=carbon monoxide; SO,=sulfur oxides; PMio= coarse particulate matter;PM,.s=fine particulate matter. As shown in Table 5, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. Impacts related to operation will be less than significant. c) Less Than Significant Impact. The project site is located in the Coachella Valley portion of the Salton Sea Air Basin, which is classified as a"non-attainment"area for PMto and ozone. In order to achieve attainment in the region, the 2003 Coachella Valley PM10 Management Plan was adopted,which established strict standards for dust management for development proposals. The proposed project will contribute to an incremental increase in regional PM10 and ozone emissions. However, given its limited size and scope, cumulative impacts are not expected to be considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for PMio or ozone precursors (NOx and CO). The project will not conflict with any attainment plans and will result in less than significant impacts. d) Less Than Significant Impact with Mitigation Incorporated. The nearest sensitive receptors are single-family residences located approximately 0.159 miles (256 meters) northeast of the project site. To determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used. The City of Palm Desert and the project property are located within Source Receptor Area 30 (Coachella Valley). Maximum acres on the project site that would be disturbed by off-road equipment would be 4.0 acres per day. As SCAQMD does not provide allowable emission (lb/day) values for 4 acres of land, the LST values for 2 and 5 acres within SRA 30 were interpolated to generate LSTs for a disturbed acreage of 4 acres for the proposed project. Table 6 shows on-site emission concentrations for project construction and the associated LST. -26- As shown in the Table 6, LSTs will not be exceeded under unmitigated conditions for all criteria pollutants. Therefore, air quality impacts to nearby sensitive receptors during construction will be less than significant. Table 6 Monterey Crossing Localized Significance Thresholds (pounds per day) CO NO, PM10 PM2.5 Project Emissions 47 70 7 4 LST Threshold 12,967 569 130 51 Exceeds? No No No No Source: SCAQMD 2009. Note: Localized significance thresholds are shown for a 4-acre project site corresponding to a distance to a sensitive receptor of 256 meters. These estimates reflect control of fugitive dust required by Rule 403. LST = localized significance threshold; NO2 = nitrogen dioxide; CO = carbon monoxide; PM10=particulate matter; PM2.5=fine particulate matter Health Risk Assessment A Health Risk Assessment Impact Analysis for the project was prepared by Kurtzman Associates, Inc. in August 2016 to assess the possibilities of cancer risks from diesel particulate mater (DPM) emissions associated with the Interstate-10/Union Pacific Railroad, located north of the project site. DPM is considered a toxic air contaminant(TAC) which is 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. TACs are usually present in small quantities in the ambient air. However, these air pollutants are highly toxic and may pose health risks in human beings. The major concern is, TACs may cause cancer. South Coast Air Quality Management District (SCAQMD) and Air Resources Board (ARB) operate monitoring stations in the South Coast Air Basin (SCAB) to measure ambient concentrations of certain TACs, associated with important health-related effects. SCAQMD has established thresholds for cancer risk that apply to new development projects within SCAQMD jurisdictions. Generally, the threshold for cancer risk is 10 cancer cases per million of 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 of population. The nearest sensitive receptors to the project site are the Palm Estate and Country Club mobile home work park located approximately 860.12 feet northeast. The nearest sensitive receptor being developed within the project site is the hotel, close to northern boundary(See Exhibit 12). The proposed project site would be exposed to TAC emissions from diesel truck emissions generated by the Interstate-10/Union Pacific Railroad uses. The Health Risk Assessment analysis -27- shows that the highest cancer risks (12.45 cancer cases per million of population) would occur along the northern portion of the project site which includes Pads 2A-2C. Hotel workers within 500 feet of the I-10/Union Pacific Railroad would experience a cancer risk of 11.44 cancer cases per million of population(Table 7). 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). Table 7 Monterey Crossing MEIR—Adult Worker Exposure Scenario(25 years) Carcinogenic Hazards Non carcinogenic Hazards Receptor Contaminant CPF Risk REL RfD Index (e) (mg/kg/day) (per million) (ug/m3) (mg/kg/day) 0) (fl (g) (h) 0) Hotel area DPM 1.1E+00 11.44 5.0E+00 1.4E-03 0.035 Hot Pool DPM 1.1 E+00 7.45 5.0E+00 1.4E-03 0.023 Commercial DPM 1.1E+00 12.45 5.0E+00 1.4E-03 0.038 Source:"Health Risk Assessment Impact Analysis,"prepared by Kunanan Associates,Inc.in August 2016 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. However, to minimize the cancer risk at the project site, a mitigation measure is provided at the end of this section. Installation of high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 16 will reduce 90% of particulates, including DPM, resulting in a cancer risk of 1.2 in one million, and the project-related impacts will be less than significance with mitigation. e) Less Than Significant Impact. The proposed project will be developed with commercial uses and is not expected to generate objectionable odors during any phase of construction or at project buildout. Short term odors associated with paving and construction activities could be generated; however, any such odors would be quickly dispersed below detectable levels as distance from the construction site increases. Therefore, impacts from objectionable odors are expected to be less than significant. Mitigation Measures As described above, the proposed project impacts may include emissions of pollutants identified as Toxic Air Contaminant(TAC). The following measure is required to reduce diesel particulate emissions: 1. Commercial uses within 500 feet of the mainline of the 1-10 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) -28- 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. 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 commercial tenants of the potential health risk from I-10 Freeway for all affected commercial units. ii) For commercial rental space 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 prospective tenants of increased risk of exposure to diesel particulates from 1-10 Freeway while workers are outside, or if doors are open. Mitigation Monitoring and Reporting Program A. MERV 16 filters will be incorporated into building plans for all commercial buildings within 500 feet of the mainline of the I-10 freeway. Responsible Parties: Building Department Plan Check staff -29- a r3 �" h I �y y �r U,.. n, C o g.. dot pool 2 Comm h , qq S � E i �I .).. ., 556700 556800 556900 557000 55710 UTM East[m Cancer Risk for Commercial Uses 20 in One Million 10 in One Million =5 in One Million _l _ -1 in One Million CV O Source: Kunzman Associates, 2016 0 r- 1 Monterey Crossing Exhibit L I TERRA NOVA@ Cancer Risk Map 12 PLANNING S RESEARCH,INC, Palm Desert, California 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, such as a tree preservation policy or X 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: Palm Desert General Plan 2004; Palm Desert General Plan 2016; "Biological Site Assessment,"prepared by Dudek March 2016; Final Recirculated Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan prepared by CVAG in 2007. Setting The subject site is primarily characterized as stabilized shielded desert. The site is surrounded on all sides by development, including Interstate-10/Union Pacific Railroad, paved roads, parking lots, and commercial uses. Dudek prepared a biological resource assessment for the proposed project in March, -31- 2016. There are no sensitive habitats present or potentially occurring within the project site. No avoidance or mitigation measures are required. During the biological assessment, a buffer zone of 500 feet was studied around the project site to assure consideration of biological resource movement. Based on the literature review and field assessment of the site, the subject property is located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). The site is neither located within nor adjacent to any designated conservation areas. The nearest conservation area is Thousand Palms Conservation Area, located approximately 1.25 miles northeast of the project site. In the CVMSHCP, the project site is mapped as stabilized shielded sand fields. Discussion of Impacts a) Less Than Significant Impact with Mitigation Incorporated. The project site is predominantly comprised of stabilized shielded desert sand fields. This plant community is typically comprised of perennial species including Creosote Bush (Larrea tridentate), four-wing Saltbrush (Atriplex canescens), California croton (Croton californicus), and indigo bush (Psorothamnus arborescens). Other plant communities include Arrow Weed Scrub, Desert Saltbrush Scrub, disturbed Desert Saltbush Scrub, and disturbed habitat. Special-Status Plant/Wildlife Species on Project Site During site visit, no special-status plant species including USFWS-designated critical habitat were identified within the subject site. No special-status wildlife including USFWS-designated critical habitat was observed within the project area during the reconnaissance survey. Common wildlife species including American kestrel (Falco sparverius), American crow (Corvus brachyrhynchos), California harvester ant (Pogonomyrmex californicus), monarch butterfly (Danaus plexippus), house finch (Haemorhous mexicanus) Anna's hummingbird (Calypte anna), common raven (Corvus corax), Say's phoebe (Sayorms saya), and desert iguana(Dipsosaurus dorsalis) were observed on site. There is a low potential for the following special-status wildlife species to occur onsite: Loggerhead Shrike (Lanius ludovicianus), Golden Eagle (Aquila chrysaetos), Pallid San Diego Pocket Mouse (Chaetodipus fallax pallidus), and Pocketed Free-tailed Bat (Nyctinomops femorosaccus). These are not covered under the CVMSHCP. Nesting Birds There is a low potential for the project site to support nesting birds. Although potential nesting habitat is limited within the site due to sparse vegetation cover and the disturbed nature of the site, the potential for birds to nest on site still remains, and direct impacts to migratory nesting birds must be avoided for compliance with the Migratory Bird Treaty Act and Fish and Game Code 3516. There are ornamental trees and shrubs outside the project site but close to site boundaries that could provide potential nesting and foraging habitat for a variety of songbirds and raptors in the area. Nesting birds can be significantly affected by indirect impacts from short-term construction-related noise especially during the breeding season (January 15—July 31). This may result in decreased reproductive success or abandonment of an area as a nesting habitat. -32- In conclusion, the proposed project will not have substantial adverse effect on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. In order to protect nesting birds, mitigation measures are provided at the end of this section. With implementation of the mitigation measures, impacts associated with sensitive species will be less than significant. b, c) Less Than Significant Impact. The project site does not contain any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. The man-made Mid-Valley Stormwater Channel runs beneath the project site and emerges at the northeastern corner of the site. A small patch of arrow weed scrub found at the northeastern corner of the site could be indicative of a potential jurisdictional feature because of its Facultative Wetland (FACW) indicator status. However, this small patch of arrow weed scrub does not appear in historic aerial views of the site. For this reason, it is a man-made feature in association with the construction of the channel not a Jurisdictional Water resource. d) No Impact. The subject property is located in an urban area and surrounded by roadways, the Interstate-10/Union Pacific Railroad, Monterey Avenue, Dinah Shore Drive, and commercial development. Habitat and other features onsite are not suitable for a migratory wildlife corridor. No project-related impacts will occur. e, f) No Impact. The subject property is located within the boundaries of the CVMSHCP, therefore, is subject to payment of the Development Mitigation Fee, which will mitigate potential impacts to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area, so no additional mitigation measures or provisions are required. The project will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. No project-related impacts will occur. Mitigation Measures 1. If ground disturbance, tree or plant removal is proposed between January 15`h and July 311h, a qualified biologist shall conduct a nesting-bird survey within 72 hours of initiation of grading onsite focusing on MBTA covered species. The survey shall consist of full coverage of the project site footprint and up to a 300-foot buffer. The specific survey buffer will be determined in the field by the project biologist and will take into account the species nesting in the area, the habitat present, and where access is permitted. If no active nests are found, no additional measures are required. If active nests are reported, then the qualified biologist with GPS equipment shall map nest locations, where feasible. The nesting bird species will be documented and, to the degree feasible, the nesting stage (e.g., incubation of eggs, feeding of young, near fledging). The biologist shall establish a no-disturbance buffer of 300 feet around each active nest. The qualified biologist based on the biology of the species present and surrounding will determine the buffer habitat. No construction or ground disturbance activities shall be conducted within the -33- buffer until the biologist has determined the nest is no longer active and has informed the construction supervisor that activities may resume. 2. The limits of the Mid-Valley Stormwater Channel shall be flagged with silt fencing prior to the beginning of construction activities to avoid potential impacts to it. 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. Responsible Parties: City Engineer Schedule: Between January I s`and August 3 1" and no more than 72 prior to site disturbance. -34- 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: Palm Desert General Plan 2004; Palm Desert General Plan 2016; "Cultural Resource Technical Report," prepared by Dudek, June, 2016. Setting At the beginning of the historic period, the City of Palm Desert fell within the vast lands of the Cahuilla Indian tribe where the Cahuilla Tribe typically lived in camps of between 75 and 100 individuals, preferentially located along the lower edges of alluvial fans near permanent sources of water. One such camp was the Palm Oasis at modern day Thousand Palms, north of and adjacent to the City's boundaries. The camps characteristically contained community houses and sweat lodges, with houses being semi-excavated and having heavy and flat roofs supported by large cottonwood poles. In the 1930s,the City of Palm Desert was a cluster of a few homes located on the north side of Highway 111. After World War II, a group of businessmen (four brothers — Clifford, Randall, Phil, and Carl Henderson) came to the region between Indian Wells and Rancho Mirage. Instead of desert and scrubland, they visualized "fine homes and swimming pools, schools, churches, and culture that would draw visitors and families from far and wide," and in 1945 they formed the Palm Desert Corporation. In 1946, they started constructing streets and commercial buildings which later became known as Palm Desert. The project site is located in an area designated as "relatively high sensitivity for historical structures or archaeological resources from pre-1940-era (General Plan; Exhibit IV-1)." Based on Eastern Information Center records, there are three previously recorded cultural resources within one-half mile of the project site, all of which consist of historic-age resources. One of these resources, the UPRR(CA- RIV-6381H) is outside but adjacent to the project site paralleling the northern perimeter of the proposed site. The remaining sites (CA-RIV-3440H and P-33-005625) are clustered around the UPRR nearly a quarter-mile northwest of the project site. Discussion of Impacts a-b) Less Than Significant with Mitigation Incorporated. Dudek prepared a cultural resource technical report for the proposed project site in June 2016. The survey included a comprehensive records search, historical research, consultation with Native American representatives, an on-site -35- field survey. Two newly identified historic-age cultural resources were recorded by Dudek within the project site: NEC-AD-01 and NEC-ISO-01. These resources were further analyzed in a Phase II investigation. NEC-AD-01 consists of a widely dispersed and diverse assemblage of historic-age debris, splintered lumber and slag, fragments of glass insulators, sanitary cans, soft-top aluminum beer cans, a sun colored amethyst glass fragment,various glass bottles, and modern materials (such as plastic from buckets, caution tape, surveyor flags, paper and plastic food containers, and discarded clothing).NEC- AD-01 parallels the UPRR/SPRR but is separated from the railroad by approximately 80 feet. Results of Shovel Test Pit Excavations at NEC-AD-01 show that NEC- AD-01 has no apparent potential to yield important archaeological information due to its lack of a sub-surface component. The site appears to be of little scientific or cultural value. Most probably, it is associated with the maintenance and/or dismantling of the telegraph line that previously ran parallel to the UPRR/SPRR not with any significant events locally,regionally, or nationally, therefore, it is not eligible for listing on the CRHR or the local register. NEC-AD-01 is not a "unique" archaeological resource under CEQA, and is not significant under CEQA. No further cultural resource considerations are recommended. NEC-ISO-01 consists of three historic-age cans which are concentrated near the center of the project site. Two of the cans are the sanitary type and one can is a one-gallon paint type. These cans are crushed and are not suitable for measuring and chronological dating based on size and dimensions. Further analysis shows that NEC-ISO-O 1 has no potential to be an eligible resource, therefore, no additional cultural resources considerations are necessary. Nevertheless, resources could be uncovered during project construction, and Dudek recommended implementation of mitigation measures to conform to Section 15064.5 regulations. Mitigation measures are provided at the end of this section. c) No Impact. The subject site is not known to contain unique paleontological features. Also, there are no unique geological features (river, lake, hills, faults, and folds etc.) located on-site that can directly or indirectly be destroyed. The surface soils consist of light brown, fine-to-coarse alluvial sands mixed with small rocks. Recent deposits are not conducive to the location of paleontological resources. The proposed project will result in the development of four-story hotel building and other mixed-use commercial buildings which will not require deep excavation. The proposed project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Therefore, no project-related impacts are anticipated. d) Less Than Significant with Mitigation Incorporated. No cemeteries or human remains are known to occur on-site, and it is unlikely that human remains will be uncovered during project development. However, if resources to be uncovered during ground disturbance activities then with the implementation of mitigation measures to conform to Section 7050.5 of the California Health and Safety Code, impacts to the resources will be less than significant. Mitigation Measures 1. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the proposed project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the find and -36- determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work such as preparation of an archaeological treatment plan,testing, or data recovery may be warranted. 2. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the County Coroner shall be notified within 24 hours of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined, within two working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the remains are determined to be Native American, the Coroner shall notify the NAHC in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the NAHC must immediately notify those persons it believes to be the MLD from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner,the disposition of the human remains. Mitigation Monitoring and Reporting Program A. The applicant shall immediately notify the City if resources are identified. Responsible parties: Planning Department, City Engineer,Building Department. -37- 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 ill) 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 2004; Palm Desert General Plan 2016; "Geotechnical Engineering and Infiltration Testing Report," prepared by Earth Systems Southwest in March 2016. "Soil Survey of Riverside County, California, Coachella Valley Area,"U.S. Dept. of Agriculture Soil Conservation Service, 1980. Setting The Coachella Valley is located in the northwestern portion of the Salton Trough, a tectonic depression roughly 130 miles long and 70 miles wide that extends from the San Gorgonio Pass to the Gulf of Mexico. The valley is bounded by the San Bernardino Mountains on the northwest, San Jacinto Mountains on the west, Santa Rosa Mountains on the south, and Little San Bernardino Mountains and Indio Hills on the north. The Salton Sea is located to the southeast. The valley's geologic composition is directly related to its proximity to the San Andreas Fault, which passes through the northeasterly portion of the valley, and other active faults. The region is susceptible to a range of geologic hazards, including ground rupture, major ground shaking, slope instability, and collapsible and expansive soils. -38- Episodic flooding of major regional drainages, including the Whitewater River, results in the deposition of sand and gravel on the valley floor. Strong sustained winds emanating from the San Gorgonio Pass cause wind erosion and transport and deposit dry, finely granulated, sandy soils on the central valley floor. Regional soils range from rocky outcrops within the mountains bordering the valley to coarse gravels of mountain canyons and recently laid fine- and medium-grained alluvial (stream deposited) and aeolian (wind deposited) sediments on the central valley floor. Earth Systems Southwest prepared a, "Geotechnical Engineering and Infiltration Testing Report" for the project site on March 14, 2016. The exploration and testing methods included literature review, field exploration, and laboratory testing of the site. Results of the project site's assessment are as follows: Soil Conditions The site predominantly consists of poorly graded sand, poorly graded sand with silt, and silty sand to the maximum depth of 51 '/2 feet below the ground surface. Seven borings were extracted from the project site to investigate the subsurface soil conditions. In borings logs, loose to medium dense sandy soils were observed from the ground surface to a depth of approximately 12 feet. Below 12 feet (up to 23 feet), medium dense sandy soils were encountered. Below 23 feet(up to 33 feet), medium dense to very dense sandy soils were observed. Below 33 feet(up to 50 feet), the sands were very dense. The soils were dry to damp with moisture levels generally less than 2 percent. Overall, the site soils are classified as Type C in accordance with Cal OSHA. The project site lies within a recognized blow sand hazard area and fine particulate matter(PM�o) which can create an air quality hazard if dust is blowing. Watering the surface, planting grass or landscaping, or placing hardscape normally mitigates this hazard. Groundwater Depth to the groundwater is greater than 100 feet in the project area. However, groundwater levels may fluctuate with precipitation, irrigation, drainage, regional pumping from wells, and site grading. Moisture content of soil ranges between dry and damp. Collapse Potential/Consolidation Potential The site is located in a geological environment where the potential for collapsible soil exists. Collapse potential tests were performed on few samples from the site which show low collapse potential (0.2 to 1.3%). Within the project site, the consolidation potential of the soil under the anticipated overburden and foundation loads is low. Expansive Soils The soil with the project site is granular with a "very low" Expansion Index. Corrosion Potential Two soil samples from the project site were tested for potential of corrosion of concrete and ferrous metals. Results revealed pH values between 8.5 and 9.3, chloride contents between 4 and 7 ppm, sulfate contents between 14 to 25 ppm, and minimum resistivities between 5,464 and 6,369 ohm-cm. -39- Geologic Hazards The project site is not located within the Alquist Priolo Earthquake Fault Zone. No active faults are mapped in the immediate vicinity of the project site. However, segments of the San Andreas fault are located approximately 2.8 miles northeast of the project site. The project site is located within an active seismic area in Southern California where large numbers of earthquakes occur each year. Therefore, strong ground shaking can be expected onsite during earthquakes on surrounding faults. Infiltration and Percolation Testing Earth Systems Southwest further excavated three borings from the project site to perform infiltration and percolation testing to determine the absorption rate of site soil for a storm water runoff drain. The results show that the onsite soil is mainly loose fill up to 3 feet. Below that, the soil mainly consists of alluvial sediment to a depth of up to 30 feet. Conclusion The geotechnical analysis also included a number of recommendations for site and building construction, to assure that soils are properly sited and compacted, and that structures withstand groundshaking.These recommendations will be incorporated into the site-specific geotechnical analysis required for submittal of grading plans, and will be reflected in the City's review of grading and building plans. These standard requirements will be imposed as conditions of approval by the City. Discussion of Impacts a.i) No Impact. The subject property is not located in an Alquist-Priolo Earthquake Fault Zone. The nearest earthquake fault is the San Andreas Fault (southern segment), which are capable of generating earthquakes of magnitude 5.5. Fault rupture is not expected on the project site. a.ii) Less Than Significant Impact. The project site is located in a seismically active region where earthquakes originating on local and regional seismic faults can produce severe ground shaking. Buildings proposed for the site will be required to be constructed in accordance with the most recent edition of the California Building Code (CBC) and Palm Desert Municipal Code to provide collapse-resistant design. The City has adopted several modifications to the CBC in accordance to local geology. The Palm Desert Municipal Code provides regulations for collapse-resistant design. Project-related impacts associated with seismic ground shaking are less than significance. a.iii) Less Than Significant Impact. The California Geological Survey does not identify liquefaction susceptible areas for the City of Palm Desert. The project site is located in an area that has a low susceptibility to liquefaction (General Plan, Exhibit V-5). Onsite underlying soils consist of poorly graded sand, poorly graded sand with silt, and silty sand, which are soft, expansive, and could be susceptible to liquefaction. The depth of the groundwater in the area is greater than 100 feet below the ground surface. For liquefaction to occur, groundwater levels must be within 50 feet of the ground surface. The City will require, with the submittal of grading and building plans, the preparation of site- specific soil analysis to address design loads specifically related to the site. These City -40- requirements assure that project-related impacts associated with seismic related ground failure including liquefaction are less than significance. a.iv) No Impact. The project site lies on the Coachella Valley floor, and is just outside the landslide and rockfall hazard area (General Plan; Exhibit V-1). The site consists of, and is surrounded by, relatively flat terrain; therefore,no impacts associated with landslides are anticipated. b) Less Than Significant Impact. The project site is located in an area designated as an area "high wind erodibility" (General Plan; Exhibit V-3). The City will require the preparation and implementation of a dust management plan as part of the grading permit process for the project site. This plan will include wind erosion best management practices, as prescribed by the SCAQMD. Project related impacts associated with wind erosion will be less than significant. c) Less Than Significant Impact. Surface soils of the project site consist of poorly graded sand, poorly graded sand with silt, and silty sand. As described in Section VI a) iv., above, the site has low susceptibility to liquefaction due to groundwater levels greater than 100 feet below the ground surface. The site is not susceptible to lateral spreading, which requires a shallow water table or proximity to a water source that could cause inundation of onsite soils. The site is not susceptible to landslides due to its relatively flat terrain and distance from mountainous slopes. Land subsidence has been documented in the Coachella Valley due to extensive groundwater pumping. The project site is located north of a "USGS subsidence zone study area" which is monitored to record subsidence in the City of Palm Desert. The Coachella Valley Water District (CVWD) has indicated a 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, Earth Systems Southwest found no fissures or other superficial evidence of subsidence on or near the project site. Therefore, current and near future impacts due to subsidence are expected to be less than significant. d) Less Than Significant Impact. Expansive soils typically contain large amounts of clay that expand when water is absorbed and shrink when they dry. As described in VI a) iv., above, the site's underlying soils consist of poorly graded sand,poorly graded sand with silt, and silty sand, which have a low-moderate shrink-swell potential and "very low" Expansion Index. These values can potentially change based on several factors, such as importing soil from other site and the quality of water used during construction and subsequent landscape irrigation. Therefore, it is recommended that the samples of building pad soils should further be analyzed during site grading to test the volume change capacity under various moisture content. Implementation of City's policies and programs will decrease the project-related impact. Furthermore, Earth Systems Southwest has provided several recommendations to improve the building foundation prior project's construction which are provided at the end of this section. Therefore, less than significant impacts associated with expansive soils will occur. e) No Impact. The proposed project will connect to the CVWD existing sewer system. No septic tanks or alternative wastewater disposal systems are proposed. No adverse impacts associated with wastewater disposal systems will occur. -41- Mitigation Measures: None. Mitigation Monitoring and Reporting Program None. -42- Potentially Less Than Less Than No VII. GREENHOUSE GAS EMISSIONS -- Significant Significant w/ Significant Impact Would theproject: Impact Mitigation Impact a)Generate greenhouse gas emissions,either directly or indirectly, that may have a significant X impact on the environment?(CalEEMod) 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: Patin Desert General Plan 2004; Patin Desert General Plan 2016; "Air Quality and Greenhouse Gas Technical Report for the NEC Dinah Shore and Monterey Avenue Development Project," prepared by Dudek in August 2016. Setting Principal GHGs include carbon dioxide(CO,), methane(CH4), nitrous oxide(NCO), 03, and water vapor (H2O). Some GHGs, such as CO,, CH4, and NCO, occur naturally and are emitted to the atmosphere through natural processes and human activities. Of these gases, CO, and CH4 are emitted in the greatest quantities from human activities. Emissions of CO, are largely byproducts of fossil fuel combustion, whereas CH4 results mostly from off-gassing associated with agricultural practices and landfills. Man-made GHGs, which have a much greater heat-absorption potential than CO,, include fluorinated gases, such as hydro fluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SFA and nitrogen trifluoride (NF3), which are associated with certain industrial products and processes. Greenhouse gas emissions are generated by both moving and stationary sources, including vehicles, the production of electricity and natural gas, water pumping and fertilizers. State law mandates that all cities decrease their greenhouse gas emissions to 1990 levels by the year 2020. In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S-3-05. The Executive Order established the following goals: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80% below 1990 levels by 2050. In furtherance of the goals established in Executive Order 5-3-05, the legislature enacted AB 32 (Nunez and Pavley), the California Global Warming Solutions Act of 2006, which Governor Schwarzenegger signed on September 27, 2006. On April 29, 2015, Governor Jerry Brown issued an executive order which identified an interim GHG reduction target in support of targets previously identified under 5-3-05 and AB 32. Executive Order B-30-15 set an interim target goal of reducing GHG emissions to 40%below 1990 levels by 2030 to keep California on its trajectory toward meeting or exceeding the long-term goal of reducing GHG emissions to 80%below 1990 levels by 2050 as set forth in S-3-05. The SCAQMD has not adopted recommended numeric CEQA significance thresholds for GHG emissions for lead agencies to use in assessing GHG impacts of residential and commercial development projects. The SCAQMD formed a GHG CEQA Significance Threshold Working Group to work with SCAQMD staff on developing GHG CEQA significance thresholds until statewide significance thresholds or guidelines are established. The SCAQMD proposed three tiers of compliance that may lead to a determination that impacts are less than significant,including the following: -43- 1. Projects with GHGs within budgets set out in approved regional plans to be developed under the SB 375 process. 2. Projects with GHG emissions that are below designated quantitative thresholds: a. Industrial projects with an incremental GHG emissions increase that falls below (or is mitigated to be less than) 10,000 MT CODE per year. b. Commercial and residential projects with an incremental GHG emissions increase that falls below (or is mitigated to be less than) 3,000 MT CO,E per year, provided that such projects also meet energy efficiency and water conservation performance targets that have yet to be developed. 3. Projects that purchase GHG offsets that, either alone or in combination with one of the three tiers mentioned above, achieve the target significance screening level. Because the proposed project consists of mixed-use development, the recommended SCAQMD threshold to apply to the project is the Option 1, 3,000 MT CODE per year. This analysis added amortized construction emissions to the estimated annual operational emissions before comparing operational emissions to the proposed SCAQMD threshold of 3,000 MT CO'E per year. In 2010, the City adopted the Environmental Sustainability Plan (ESP), which demonstrates how the City has been involved on issues relating to environmental sustainability including, energy, waste management, storm water, water reclamation, transportation, and landscaping. The Plan sets out a series of goals for the City that are grounded in the principles of environmental soundness and sustainable development and addresses six resource areas, including the built environment. Discussion of Impacts a-b) Less Than Significant Impact with Mitigation Incorporated. The proposed project will generate greenhouse gas (GHG) emissions during both construction and operation. As described in Section I11, the CalEEMod model was used to quantify air quality emission projections, including greenhouse gas emissions. Construction Emissions The estimated total GHG emissions during construction would be approximately 989 MT CO2E in 2017 and 343 MT CO2E in 2018,for a total of 1,332 MT CO2E over the construction period. Estimated project-generated construction emissions amortized over 30 years would be approximately 44 MT CO2E per year. However, construction related greenhouse gas emissions will be temporary and will end once the project is completed. Operational Emissions Operation of the proposed project will create on-going greenhouse gases through area source emissions, such as vehicle trips, landscaping and off-gassing from the pavement.The estimated annual project-generated GHG emissions would be approximately 6,042 MT CO2E per year as a result of project operation. Estimated annual project-generated operational emissions in 2019 and amortized project construction emissions would be approximately 6,086 MT CO2E per year. Table 8 provides a summary of the proposed projected short-term and annual GHG generation associated with the potential operational buildings and amortized construction phase on the site. -44- Table 8 Monterey Crossing Estimated Annual Greenhouse Gas Emissions (Metric Tons per year) Phase CO2e Construction- 2017 989.13 2018 343.12 Total Construction 1,332.25 Operational -2019 6,041.91 Amortized Construction Emissions -2019 44.41 Total Operational 6,086.32 Source: CalEEMod Version 2013.2.2. GHG Thresholds In November 2009, during SCAQMD GHG working group meetings, SCAQMD staff had proposed a variety of thresholds for GHG emissions, including a "land use" threshold that would be 3,500 MTCO2e/yr for residential projects, 1,400 MTCO2e/yr for commercial projects, and 3,000 MTCO2e/yr for mixed-use projects. Based on this proposal, the annual operational GHG emissions with amortized construction emissions would exceed the SCAQMD screening threshold of 3,000 MT CO2E per year for the proposed project. However, as of August 2016, the SCAQMD Governing Board has not formally adopted the proposed interim tiered approach for evaluating GHG impacts, including the 3,000 MTCO2e/yr threshold for mixed-use projects. The SCAQMD draft threshold tiered approach states that a project would not have significant GHG emissions if it were consistent with a qualifying local GHG reduction plan. In August 2015, the City of Palm Desert updated its adopted Environmental Sustainability Plan (ESP) with approaches to reducing GHG emissions by a total of 35,829 MT CO2E, a reduction target of approximately 5.8% below the 2008 baseline. To reduce the generation of the GHG during project's construction and operational phases, the updated ESP goals and policies (such as requiring that new development must exceed Title 24 standards by at least 5 to 15% and complying with the City's current diversion rate of 74%) were incorporated into the CalEEMod modeling. The implementation of the mitigation measure provided below will assure that GHG emissions from the proposed project will meet the proposed thresholds of the SCAQMD, through compliance with the City's ESP. As a result, impacts associated with GHG emissions will be less than significant. Mitigation Measures 1. The following GHG emissions reduction measures shall be implemented: • Use light-colored surfaces and shading mechanisms in parking areas. • Provide preferential parking for carpool,shared, electric, and hydrogen vehicles. • Exceed 2016 Title 24 Building Energy Efficiency Standards by 10%. -45- • Implement energy-efficient design practices such as high-performance glazing,Energy Star compliant systems and appliances,radiant heat roof barriers, insulation on all pipes, programmable thermostats, solar access, and sealed ducts. • Equip the pool(s) and spa(s) with active solar water heating systems. • Use native species and drought tolerant species for a minimum of 50% of the ornamental plant palette in non-turf areas for to minimize water demand. • Ensure recycling of construction debris and waste through administration by an on-site recycling coordinator and presence of recycling/separation areas. Mitigation Monitoring and Reporting Program A. Building plans shall incorporate the measures listed in mitigation measure 1. Responsible parties: Planning Department, City Engineer,Building Department. -46- 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: Palm Desert General Plan 2004; Palm Desert General Plan 2016; California Department of Toxic Substances Control Hazardous Waste, https://www.dtsc.ca.ggv/HazardousWaste/; Accessed on 08.04.2016; State Water Resources Control Board, http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=palm+desert; Accessed on 08.23.2016. Setting The project site is flat, vacant, and undeveloped. In the City of Palm Desert, hazardous materials transport, storage, and use is strictly regulated for large quantity users, such as industrial processing plants and commercial dry cleaners. The City implements the General Plan's Hazardous and Toxic Materials element through regular consultation with the Regional Water Quality Control Board (RWQCB) and Department of Environmental Health. The City also monitors and regulates industrial plants and commercial areas through the element's goals,policies, and programs. The State Water Resources Control Board's online database (Geo Tracker) indicates that the City of Palm Desert contains 53 sites that are either listed or permitted as hazardous material sites under the -47- California Department of Toxic Substances Control (DTSC). The majority of these sites are located along Country Club Drive, Hovley Lane East, Cook Street, Hwy 111, Monterey Avenue, Cook Street, and Washington Street. According to GeoTracker, one permitted underground storage tank (UST) is located on the western side of the Monterey Avenue, located at 72800 Dinah Shore Drive, and named as Costco Wholesale#441. Costco Wholesale# 441 (Facility ID No. 250) is permitted by Riverside County and is located in proximately to the project site. No further information was provided by the GeoTracker Database. Potential impacts to the project site are very limited due to distance (approximately 0.09 miles west) from the project area. Discussion of Impacts a, b) Less Than Significant Impact. The proposed project will result in the development of mixed- use commercial buildings. Cleaners, solvents, fertilizers and pesticides may be used on-site for routine cleaning and landscaping. The proposed project also includes automotive uses which may generate several different types of hazardous waste (e.g. engine oil, transmission oil, and lubricants/grease), however, they will be in small amounts, regulated by the Department of Environmental Health and the Fire Department. These materials, if used, shall be properly stored, handled and treated according to the regulations issued by the State of California (See Chapter 30, Title 22 of the California Code of Regulations. None of those cleaners, solvents, fertilizers and pesticides will be used in sufficient quantities to pose a threat to humans or cause a foreseeable chemical release into the environment. The construction phase would involve the use of heavy equipment,which uses small amounts of oil and fuels and other potential flammable substances. During construction, equipment would require refueling and minor maintenance on location that could lead to fuel and oil spills. The contractor will be required to identify a staging area for storing materials. The use and handling of hazardous materials during construction activities would occur in accordance with applicable Federal, State, and local laws including California Occupational Health and Safety Administration (CalOSHA) requirements. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. The project site is immediately south of Pacific Railroad lines and the I-10. Hazardous materials are transported through the freeway and railroad which are the preferred transport route. Arterial streets are the preferred local truck routes. Designated truck routes in the City of Palm Desert include Dinah Shore Drive, Gerald Ford Drive, Monterey Avenue, and Highway 111 as well as portions of Bob Hope Drive, Frank Sinatra Drive, and Country Club Drive. The City, County and Highway Patrol have 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. 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. 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. -48- c) No Impact: No schools are located within one-quarter mile of the project site. The nearest school is Xavier College Preparatory High School located approximately 2.03 miles northeast from the proposed site. There will be no hazardous materials-related impacts to schools. d) No Impact: The subject property is not included on a list compiled pursuant to Government Code Section 65962.3. The proposed project will not create a significant hazard to the public or environment. e-f) No Impact: The Palm Springs International Airport is located approximately 8.4 miles northwest of the subject property. The Bermuda Dunes Airport is located approximately 7.2 miles southeast of the project site. The subject site is not located within the boundaries of either of the airports' land use compatibility plan. The site is not located in the vicinity of a private airstrip. The project will not result in safety hazards for people living or working in the area. g) No Impact: The proposed project will not significantly alter the existing circulation pattern in the project area or adversely impact evacuation plans. The primary project access point is on Dinah Shore Drive, which is currently fully developed. Proposed parking and circulation plans will be reviewed by the Fire and Police Departments to assure that driveways and roads are adequate for emergency vehicles. A construction plan will be required by the City to assure that the project does not interfere with emergency access during development. These standard requirements will assure that impacts associated with emergency response remain less than significant. h) No Impact: The project site is not located in a wildland fire hazard zone and is not susceptible to wildfires. Therefore, the proposed project will not expose people or structures to significant risks associated with wildfires. No related impact is expected. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -49- 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 Source: Patin Desert General Plan 2004; https://rainfall.weatherdb.com/l/19812/Palm-Desert-California, Accessed on 08.03.2016; "Preliminary Hydrology Study for Monterey Crossing, Tentative Parcel Map 37157" prepared by Proactive Engineering Consultations West, Inc. July 2016; "Water Quality Management Plan for Monterey Crossing" prepared by Proactive Engineering Consultants West, Inc. June 2016; Coachella Valley Water Management Plan Update(Final Report), January 2012. -50- Setting The Coachella Valley Water District (CVWD) provides domestic water to the City of Palm Desert, including the project site. Its primary source of fresh water is groundwater extracted by deep wells from the Whitewater River sub-basin. The Whitewater River Subbasin water resource consists of a combination of natural runoff,recycled water, imported water, inflows from adjacent basins, and ground water system. This subbasin is also artificially recharged through imported State Water Project Exchange and Colorado River water. The total storage capacity of the Whitewater River Subbasin is approximately 28.8 million acre feet and it currently contains approximately 25 million acre feet. It is capable of meeting the water demands of the Coachella Valley, including the City of Palm Desert, for extended normal and drought periods. CVWD's domestic water system includes 50 wells with an average depth of 900 feet to serve the City of Palm Desert and its wider customer base. CVWD has a total of 27 reservoirs, with an average capacity of 1.8 million gallons. CVWD also provides wastewater collection and treatment services to the City of Palm Desert. CVWD treats and recycles Palm Desert wastewater at the Cook Street Wastewater Reclamation Plant, with a capacity of 20 million gal/day (mgd). CVWD continually increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. The project site is located in the northern portion of the Coachella Valley. It has an average rainfall of 3.76 inches per year. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. The Whitewater River is the primary drainage course for the City of Palm Desert, which runs approximately 4 miles south of the project site. The Mid-Valley Stormwater Channel runs just south of the railroad tracks that make the northern boundary of the project site. At the subject site, the Mid-Valley Stormwater Channel runs beneath the ground and emerges at the northeastern portion of the project site. The Mid-Valley Stormwater Channel mainly collects runoff from the southern portion of the Southern Pacific Railroad. The project site and areas surrounding it are subject to City requirements relating to flood control. The City implements standard requirements for the retention of storm flows, and participates in the National Pollution Discharge Elimination System (NPDES) to protect surface waters from pollution. Development projects must retain the 100 year storm flow on site. Discussion of Impacts: a) Less Than Significant Impact. The project site is located in the Whitewater River watershed. All water providers in the watershed are required to comply with Regional Water Quality Control Board standards for the protection of water quality, including the preparation of site- specific Water Quality Management Plans (WQMP) for surface waters. The proposed project will connect to an existing 8 inch water line located in Dinah Shore Drive. The CVWD is required to meet water quality requirements in its production and delivery of domestic water. The CVWD is regulated by the State Water Resources Control Board Division of Drinking Water (DDW) and the U.S. Environmental Protection Agency (USEPA), and must maintain strict water quality standards in the treatment of effluent. -51- Wastewater will be transported to and processed at the Cook Street Wastewater Treatment Plant (Water Reclamation Plant No. 10) located in the central portion of the City on Cook Street. The proposed project will extend an 8-inch sanitary sewer line from the project site to connect to an existing 8-inch line. The proposed project will not violate water quality standards or waste discharge requirements. The project will connect to existing sewer lines located in the immediate project vicinity. The project will also be required to comply with National Pollutant Discharge Elimination System (NPDES) regulations, which minimize the pollutant load associated with urban runoff. The imposition of conditions of approval, local, state and federal standard requirements and the requirements of law will assure that the project will not violate any water quality standards or waste discharge requirements. No impact is associated. b) Less Than Significant Impact. The proposed project will require water for commercial use and landscape irrigation. The Coachella Valley Water District has developed demand factors by land use that the City has deemed appropriate for this analysis. The commercial demand factor was provided by CVWD staff from the CVWD draft Supplemental Water Supply Program and Fee Study. Annual demand (consumption) factors were developed based on collected data specific to the Coachella Valley and local water purveyors. Commercial land uses are expected to generate a demand of 1.92 acre-feet per acre per year, which means the site has the potential to generate a demand of 34.15 acre-feet per year. The site's proposed development is consistent with the land use designation for the property, on which CVWD's water demand and supply analysis is based. Based on the District's Urban Water Management Plan (2015-2016), CVWD will be able to fulfill the project's water demand. Project impacts associated with domestic water demand are expected to be less than significant. The project will connect to existing water lines beneath Dinah Shore Drive and Monterey Avenue. No new wells or additional water infrastructure are proposed for the project water requirement. The project will be required to comply with the City's water-efficiency requirements, including the use of drought-tolerant planting materials and limited landscaping irrigation. Implementation of these and other applicable requirements will assure that water-related impacts are reduced to less than significant levels. c-e) Less Than Significant Impact. The subject site is generally flat and contains no rivers or streams. Development of the proposed project will increase impermeable surfaces on site, and therefore increase on-site storm flows. Infiltration basins are proposed throughout the project site to capture the on-site runoff. Drainage System for the Project Site: Proactive Engineering Consultants West, Inc. has prepared the "Preliminary Hydrology Study" for the project site in July 2016. The study area is divided into six sub-areas (Areas "1", "2", "3", "4", "5", "6") (Exhibit 13). Onsite runoff from "Area 1" will be conveyed in the parking aisleways. From there, it will be collected at gutters to further convey the flow towards the north end of the project site. The strategic dry wells will be used to avoid gutter flow depths exceeding top of curb for 10-year flows or building pads for 100-year flows. These flows will be collected -52- in infiltration basin "A". The infiltration basin "A" will mitigate for water quality and retain the 100-year, 24-hour storm event. Onsite runoff from Areas "2" through "6" will be conveyed in the parking aisleways to an infiltration basin located within each area where the water quality will be mitigated, and the 100- year, 24-hour storm event retained. The proposed infiltration basins will mitigate for water quality, 100%retention of the 100-year, 24-hour storm event as well as the offsite flow from the adjacent slope on the west end of the project site. Infiltration Basin for the Project Site: The majority of the project site will be paved for parking lots and driveway access which can increase the runoff volumes and velocities to the existing downstream drainage channel. Also, stormwater runoff from the project site may contain numerous pollutants. The site topography gently slopes at 1% to the easterly end of the site towards an existing drainage channel which parallels the Union Pacific Railroad. To reduce discharge of pollutants into urban runoff from the proposed development, Proactive Engineering Consultants West, Inc.prepared the "Water Quality Management Plan (WQMP)"in June 2016. An infiltration basin "A" is designed for the site, located on the eastern portion of the site and parallels the existing railroad tracks (See Exhibit 13 and 14). An infiltration basin is a flat earthen basin designed to capture the design capture volume (Vbmp) from the site. The total capacity of infiltration basin "A" is designed to capture approximately 14,223 cubic feet of project runoff. The stormwater will infiltrate through the bottom of the basin into the underlying soil over a 72 hour drawdown period. Flows exceeding Vbmp will be discharged to a downstream conveyance system. Infiltration basins are highly effective in removing all targeted pollutants from stormwater runoff. The infiltration basin "A" will also capture the 100-year, 24-hour storm event as required by the City. In future as development occurs, dry wells would be implemented throughout the project site at key locations to mitigate the 100-year 24-hour storm event and the water quality volume. The proposed development project will be required to comply with the City's requirements as they relate to storm water retention, including the approval of a project-specific hydrology study and water quality management plan. Implementation of these and other applicable requirements will assure that drainage and stormwater will not create or contribute water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Less Than Significant Impact. The proposed project will be required to comply with all applicable water quality standards, and will implement a Water Quality Management Plan approved by the City and the Regional Water Quality Control Board for both construction activities and long term operation of the site. Adherence to the City's standard requirements related to water quality will ensure impacts will be less than significant. g,h, i) No Impact. The project site is not located in the 100-year floodplain and will not place housing or other structures in an area that would impede or redirect flows (General Plan; Exhibit V-6). According to Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the site is located in Zone X, which represents "areas outside of 0.2%annual chance flood." (FIRM Map No. 06065C1595G, August 24, 2016) -53- i,j) Less Than Significant Impact. As noted above, the proposed project is located outside a FEMA or regionally designated floodplain. However, the Mid-Valley Stormwater Channel runs beneath the project site and emerges at the northeastern corner of the site. This project site is also in a seismic active region. As a result, seismic waves can cause oscillations in the enclosed water channel, beneath the site, called seiche. However, the onsite infiltration basin will be capable of accommodating the generated flow. Less than significant impact is expected. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -54- 9 VZO'60 .. Cl) LU 14 I ji, t A t W . x r R d �a O d I A; O >. E z c Q 3 tj >� 9 � cr C �� ro w �P, E O ' Lu r 11 4` cn L A. 9 VZO'60 i W f J �raace. k: { + i f CL A S O CC �C c a o E V i (D c4 d r #+ 13 O _a cc � 3 cz cn LU S :� cz r �µ 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 community? X 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 2004. Setting The project site is governed by the policies and land use designations of the City of Palm Desert General Plan and Zoning Ordinance. The site is designated as a Regional Commercial (C-R) in the General Plan Land Use Map. The site is zoned as Planned Commercial. Discussion of Impacts a) No Impact. The subject property is currently vacant and located in an area that is developed for similar commercial land uses. The proposed development will not physically divide an established community. No impact is expected. b) No Impact. The subject property occurs in an area designated for Regional Commercial (C-R) development in the General Plan. The project proposes a Specific Plan to address site specific regulations and standards for the site. The project includes a four story hotel building, automobile sales, tire store, restaurants, and retail buildings. The mix of land uses will not be substantially different from that planned in the General Plan. The proposed land uses are consistent with commercial land uses immediately surrounding the site. The proposed hotel building will extend up to 50 feet. Minor variations from the Ordinance include increased variations to setback requirements to improve sight distance within driveways. These variations, if approved,are not significant changes to the City's standards, and are allowed with approval of a Specific Plan. All activities will be conducted pursuant to the City's Municipal Code requirements and standards to avoid any conflict with any land use plan, policy, or regulation of an agency with jurisdiction.No impact is expected. -57- Overall, the provisions of the Specific Plan and the development of the project are not expected to conflict with any applicable land use plan,policy, or regulation of an agency with jurisdiction over the project. No impact is expected. c) No Impact. As described in Section IV, Biological Resources, the project site is located in the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) boundaries. The proposed project is required to comply with its requirements, including payment of the MSHCP Local Development Mitigation Fee. No conservation plan-related conflict is expected. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -58- 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: Patin Desert General Plan 2004. Setting The majority of the City of Palm Desert is made up of alluvial fans, which are mainly sand and gravel. Sand and gravels are considered an economic resource and commonly used for road base and other building materials. Small amounts of limestone, copper and gold have been explored from some parts of the city in past.No existing sand or gravel operations occur in the vicinity of the project site. Discussion of Impacts a,b) Less Than Significant Impact. 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 (Palm Desert General Plan; Exhibit IV-7). The site is designated for regional commercial development, and is not in an area designated for mining activities. Although development of the site has the potential to reduce the area available for sand and gravel mining, the reduction will be minimal, and impacts to mineral resources will be less than significant. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -59- 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 groundbome vibration or X groundbome 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: Palm Desert General Plan 2004; Palm Desert General Plan 2016. Setting The project site is located on Monterey Avenue and Dinah Shore Drive. Both streets are designated an "Arterial" roadway as defined by the City's General Plan Circulation Element. Noise levels on these roadways can be expected to be greater than would be typical of local streets. Primary sources of noise in the City of Palm Desert include traffic. As part of the development of the Noise Element of the General Plan, noise level measurements were collected at various locations throughout the City. The noise levels on Monterey Avenue from Varner Road to the I-10 Freeway were estimated to be 74.7 dBA CNEL at 100 feet from the centerline, and 74.2 dBA CNEL 100 feet from centerline north of Gerald Ford at General Plan buildout. Discussion of Impacts a,b) Less Than Significant Impact. The subject property is currently vacant and undeveloped. The main noise source in the area is vehicular traffic on adjacent and nearby roadways (Union Pacific Railroad, Interstate-10, Monterey Avenue, and Dinah Shore Drive). The nearest sensitive -60- receptors are single-family residences located approximately 0.159 miles (256 meters) northeast of the project site. Impacts of Off-Site Noise Sources on the Proposed Project The proposed project will experience noise levels of 74.7 at buildout of the General Plan, which is below the City's standard for commercial development.According to the Palm Desert General Plan, the noise levels on Monterey Avenue would be under 75 dBA, the established standard for commercial development Structures will be required to meet the most recent version of the California Building Code noise insulation standards, which will assure that off-site noise impacts to the project are minimized to less than significant levels. Adherence to standards will ensure operations related noise would remain less than significant. The proposed hotel will occur adjacent to Monterey Avenue,near the I-10 freeway. Noise levels have the potential to be elevated for guests of the hotel. However, the City will require that project specific noise analysis be submitted with building plans that demonstrate that interior noise levels will be 45 dBA or less. The implementation of building standards, such as dual glazing, additional insulation and building orientation will be assessed as part of this analysis, thereby ensuring that noise impacts to the hotel's residents will be less than significant. Impacts of the Proposed Project on Surrounding Development Primary project-related noise sources will include vehicular traffic accessing the site, grounds maintenance equipment, and heating,ventilation and air conditioning (HVAC) units. The vehicle mix will be comparable with existing vehicles on surrounding roads. Noise generated by the visitors and employees is expected to be consistent with noise levels at any commercial development, and will not exceed City standards. The proposed project is compatible with surrounding land uses, and operational noise impacts are not expected to exceed acceptable commercial noise standards. Groundborne Vibration Ground-borne vibration and/or ground-borne noise would be generated during construction of the proposed project, which could be felt by adjacent land uses. The primary source of ground- borne vibration will be operation of heavy equipment, such as bulldozers; however, the impacts will be temporary and will end once construction is complete. Furthermore, the site is isolated by roadways and railroad right of way, and groundborne vibration will dissipate prior to reaching existing development to the east. Long-term operation of the project is not expected to generate ground-borne vibrations or noise. Impacts will be less than significant. c) Less Than Significant Impact. As described above, the primary permanent noise sources will be vehicles traveling to and from the site, HVAC units, and grounds maintenance equipment. The proposed project is not expected to results a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Project-related vehicles will be consistent with vehicles already using area roadways. Less than significant impacts are expected. d) Less Than Significant Impact with Mitigation. Temporary noise generated during the construction phase of the proposed project could exceed acceptable noise levels. Primary noise sources will be heavy equipment, some of which will operate in close proximity to sensitive -61- receptors, including hotel guests if the hotel is built before the balance of the site. However, these impacts will be short-lived and temporary. The City will require that construction activity comply with Section 9.24.070 of the Municipal Code, which limits construction activity to between 6 a.m. to 7 p.m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No activity is permitted on Sundays and holidays. Construction of the project will therefore not occur during the sensitive evening hours, when hotel guests would be impacted. This standard requirement will assure that construction impacts on the proposed hotel will be less than significant. e-f) No Impact. The Palm Springs International Airport is located approximately 8.4 miles northwest of the subject property and its noise contours are localized, and not located in the vicinity of the proposed project site. No impacts will occur. Mitigation Measures 1. Project construction activities shall only occur between the permitted hours of the city's Municipal Code. 2. During all project site construction, all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction supervisor shall place all stationary construction equipment so that emitted noise is directed away from the noise-sensitive receivers nearest the Project site. Mitigation Monitoring and Reporting Program A. Project construction shall be monitored to assure compliance with City construction hours. Responsible Party: Building Department -62- 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:Palm Desert General Plan 2004; California Department of Finance, Report E-5 accessed July 2016. Setting The current population of the City of Palm Desert is 49,335 (2016), and the average household size is 2.14 persons. The City is composed of a mix of single family and multi-family development, but the majority (55%) of housing units are single-family homes. The proposed development will be a mixed- use commercial development which will result in a need for employees for hotel, retail stores, restaurants, and similar businesses. Discussion of Impacts a) Less Than Significant Impact. The proposed project will not directly generate population growth in the area. The proposed mixed-use commercial development will result in a number of hotel guests and/or visitors and need for employees for each commercial building development. The facility will generate a need for approximately 150 employees. New jobs are likely to be filled by existing residents, or new residents to the area who will move based on employment and housing opportunities. The Southern California Association of Governments (SCAG) estimates that the City will have a total population of 52,100 in 2020 and 56,00 in 2035. In addition, SCAG estimates that the City will have a need for 6,800 new jobs between 2008 and 2035. 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. The anticipated population growth will be considerably greater than that needed to supply employees to the proposed development. The project will benefit from anticipated population growth, and is not expected to induce it. 63 b-c) No Impact. Currently, the project site is vacant and undeveloped and no residents will be displaced, and no replacement housing will be required elsewhere. No project-related impact is expected. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -64- 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: Palm Desert General Plan 2004. Setting Fire Protection: The City contracts with Riverside County Fire Department for its local service. The nearest fire station is Riverside County Fire Palm Desert Station 71 at 73995 Country Club Drive, approximately 4.2 mile southeast of the project site. The City of Palm Desert also 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. The Cove Communities Fire Department has 84 personnel in total, distributed among the three cities, all of which operate under a Regional Fire Protection Program. The station physically closest to the emergency will respond even if it is outside the station's official jurisdiction. Police Protection: The City of Palm Desert contracts with the Riverside County Sheriffs Department for police protection services. The nearest police station is Palm Desert Police Department at 73705 Gerald Ford Drive, approximately 1.6 mile southeast of the project site. 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. Schools: The City of Palm Desert is located within the boundaries of the two school districts: Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District (PSUSD). Most of the city is served by DSUSD. PSUSD includes the northwestern portion of the city. Both the school districts currently operate four elementary schools, one middle school, one continuation high school, and one high school within the City. The nearest school is Xavier College Preparatory High School, a private school located approximately 2.03 miles northeast from the proposed site. -65- Parks: In the City of Palm Desert, a total of 911 acres are dedicated for parks (General Plan Table I1I-2). The three types of parks serving the Palm Desert area are community, neighborhood, and mini/pocket parks. The nearest park to the project site is Palm Desert Civic Center Park, approximately 5.5 miles south. Discussion of Impacts XIV. a) Fire Protection Less Than Significant Impact. Development of the project will marginally increase the demand on fire service in the City. The project will not induce population growth requiring additional fire protection services. The project will require fire protection services comparable to surrounding commercial land uses. 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. Given the site's proximity to a local fire station, fire personnel will be able to reach the site within the target five-minute response time. Emergency access will be provided to the property via the existing public roadway network. The Fire Department will review the project site plan to ensure it meets applicable fire standards and regulations. No construction of new or expanded fire services or facilities are required for the proposed project. Project-related fire protection impacts will be less than significant. Police Protection Less Than Significant Impact. The proposed project will result in a marginal increase in demand for police services. Project operations will require police services comparable to surrounding commercial land uses. Police personnel will be able to access the site using Monterey Avenue and Dinah Shore Drive. The project will be required to comply with all Police Department regulations and procedures. Project related impacts are expected to be less than significant. Schools No Impact. The proposed project will not require the construction of a new school facility. The project is a mixed-use commercial development that will not increase the City's student population. The proposed project will be required to pay the mandated school development impact fees to offset increases in student population associated with the employees at the facility. Based on current PSUSD developer impact fees of$0.56 per square foot, Table 9 provides an estimate of developer impact fees that development within the proposed project could generate at build-out. These fees are designed to mitigate impacts to schools.No impact is anticipated. -66- Table 9 Estimated School Mitigation Fees at Buildout Square Estimated Parcel Land Use Footage School No. Acres (SF) Mitigation Fees 1 Hotel 2.65 63,500 $35,560.00 2 Retail 1.11 10,000 $ 5,600.00 3 Fast Food Restaurant 0.73 3,000 51,680.00 4 Fast Food Restaurant 0.90 4,800 $2,688.00 5 Retail/Restaurant 1.07 8,400 54,704.00 6 Retail/Restaurant 0.93 6,000 53,360.00 7 Fast Food Restaurant 0.85 3,400 51,904.00 8 Retail/Tire Store 1.59 12,185 56,823.60 9 Auto Sales 5.34 6,815 53,816.40 10 Retail 1.27 10,000 $5,600.00 11 Retail 1.35 8,600 54,816.00 TOTAL $76,552.00 Source: Project's site plan; Palm Springs Unified School District updated fee program (2016) Parks/Other public facilities Less Than Significant Impact. Project buildout is not expected to impact local and/or regional parks significantly. The project proposes a mixed-use development that will not induce population growth in the area and therefore, would not result in the need for new parks and recreation facilities. No additional public facilities are required for the proposed project to accommodate the employees. Increase in demand for the city's existing facilities will be less than significant. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -67- 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? Source:Palm Desert General Plan 2004; Palm Desert General Plan 2016. Setting Within the City of Palm Desert, there are several mini, neighborhood, community, and school parks, one community center, a Community Health and Wellness Centers, a senior center, and a museum. Discussion of Impacts a,b) Less Than Significant Impact. The proposed project will include onsite recreational amenities at the hotel, as required in the Zoning Ordinance for that use. Hotel guests can be expected to utilize onsite recreational amenities as well as local and regional recreational facilities. The proposed development will not induce substantial population growth that would result in significant impacts to existing neighborhood and regional parks or other recreational facilities. Project-related impacts are expected to be less than significant. Mitigation Measures None. Mitigation Monitoring and Reporting Program None. -68- 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 dangerous intersections) or incompatible X 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? Source: Palm Desert General Plan 2004; Palm Desert General Plan 2016; "Focused Traffic Impact Analysis for the I-10 & Monterey Mixed-Use Project", prepared by Linscott, Law & Greenspan, Engineers (LLC) in June 21, 2016. Setting The project site is located on the northeast corner of Monterey Avenue and Dinah Shore Drive. Access to the project site will be provided via one full-access driveway at Toni Drive and Dinah Shore Drive, one right-in/right-out only driveway along Dinah Shore Drive, and one right-in/right-out/left-in (with restricted left turn)only driveway at the project's southeastern corner on Dinah Shore Drive. The applied measures of effectiveness for the performance of the circulation system were derived from applicable City standards. The City of Palm Desert has established a goal for Monterey Avenue and -69- Dinah Shore Drive intersection operations and roadway link segment operations of Level of Service (LOS) D or better. The Trip Generation Handbook,published by the Institute of Transportation Engineers (ITE) was used to calculate trip generation for the project. The categories used for the existing site condition analysis are No. 310 (hotel), No. 820 (shopping center), No. 841 (automobile sales), No. 848 (tire store), No. 932 (high-turnover (site-down) restaurant) and No. 934 (fast-food restaurant with drive-through window rates),which correctly describes the proposed development. Linscott, Law & Greenspan, Engineers (LLC) prepared a "Focused Traffic Impact Analysis Report" for the proposed project in October 2016. The traffic analysis was based upon a variety of sources, including the General Plan Circulation Element and the Institute of Transportation Engineers' 9th Edition Trip Generation Manual (2012). Discussion of Impacts a, b) Less Than Significant Impact with Mitigation Incorporated. The following traffic analysis was based upon a variety of sources, including the General Plan Circulation Element and the project specific Traffic Impact Analysis Report prepared by Linscott, Law & Greenspan, Engineers (LLC). Existing Traffic Conditions The site is currently undeveloped. Existing roadways in the vicinity of the project site include Monterey Avenue and Dinah Shore Drive. Both are designated as an "Arterial" in the General Plan. These roadways carried approximately 32,700 (avg.) and 20,500 (avg.) vehicles per day, respectively, based on year 2000 General Plan analysis. General Plan conditions and traffic analysis indicated that Monterey Avenue at Dinah Shore Drive was operating at LOS B (Palm Desert General Plan; Table III-3). Linscott, Law & Greenspan,Engineers (LLC) calculated existing traffic conditions (2016) along Monterey Avenue/Dinah Shore Drive based on existing traffic volumes and current street geometry. Monterey Avenue/Dinah Shore Drive currently operates at an unacceptable LOS F in the PM peak hour. Traffic Conditions at Project Build-out Four key intersections, in the project vicinity, have been selected to evaluate the potential trip generation as a result of proposed project: Monterey Avenue at Dinah Shore Drive, Toni Drive/Driveway A at Dinah Shore Drive, Driveway B at Dinah Shore Drive (Right-in/right-out only), and Driveway C at Dinah Shore Drive (Right-in/right-out/left-in only— left-turn egress is restricted). The proposed project will generate 7,803 daily trips, with 492 trips (275 inbound, 217 outbound) during AM peak hour and 439 trips (218 inbound, 221 outbound) during PM peak hour on a "typical" weekday (Table 10 & 11). The analysis includes adjustments for internal capture and pass-by. The pass-by reduction factors used in this report are based on information published in the Trip Generation Handbook, published by ITE (2014) and have been reduced by 50% based on engineering judgment. -70- Table 10 Monterey Crossing Project Traffic Generation Rates Daily AM Peak Hour PM Peak Hour ITE Land Use Code 2-Way Enter Exit Total Enter Exit Total Generation Rates: 310: Hotel,TE/RM 8.17 0.31 0.22 0.53 0.31 0.29 0.60 820: Shopping Center (TE/1000SF)4 95.18 1.42 0.88 2.30 3.99 4.33 8.23 841: Auto. Sales (TE/IOOOSF) 32.30 1.44 0.48 1.92 1.05 1.57 2.62 848: Tire Store (TE/1000SF) 24.87 1.82 1.07 2.89 1.78 2.37 4.15 932: High-TRH (TE/1000SF) 127.15 5.95 4.86 10.81 5.91 3.94 9.85 934: Fast-FR2 (TE/1000SF) 496.12 23.16 22.26 45.42 16.98 15.67 32.65 High-Turnover(Sit-down)Restaurant Fast-Food Restaurant with Drive-Through Window Notes:TE/1000 SF-Trip end per 1,000 SF of development and TE/RM=Trip end per room Table 11 Monterey Crossing Project Traffic Generation Forecast Daily AM Peak Hour PM Peak Hour Project Description 2-Way Enter Exit Total Enter Exit Total Generation Rates: Hotel(130 Rooms) 806 40 25 65 29 30 59 Shopping Center (38,200 SF) 2,520 45 27 72 75 87 162 Automobile Sales (6,815 SF) 176 9 3 12 5 9 14 Tire Store(10,140 SF) 211 19 11 30 12 18 30 High-TR'(6,000 SF) 579 31 26 57 17 10 27 Fast-FR-(11,200 SF) 3,511 131 125 256 80 67 147 Project Trip Generation (Sub-Total) 9,340 411 343 754 353 349 702 Total Project Net Trip Generation 7,803 275 217 492 218 221 439 'High-Turnover(Sit-down)Restaurant Fast-Food Restaurant with Drive-Through Window Notes:TE/1000 SF=Trip end per 1,000 SF of development and TE/RM=Trip end per room The analysis included two improvements planned as part of the proposed project. These improvements are: • Monterey Avenue at Dinah Shore Drive: Eliminate the median and restripe the east leg of the intersection to construct westbound dual left-turn pockets of 160-feet with a 120-foot transition. -71- • Toni Drive/Driveway A at Dinah Shore Drive: North leg (Project Driveway A) of the intersection shall be modified to include two inbound lanes, a southbound left-turn lane, and a shared through/right-turn lane. Eliminate the median and restripe the west leg of the intersection to construct eastbound dual left-turn pockets of 145-feet with a 120-foot transition. The existing traffic signal shall be modified as necessary. Multiple intersections, five intersections along Dinah Shore Drive and one intersection along Monterey Avenue, will be synchronized through signal coordination mechanism' to further improve the overall flow of traffic in the project vicinity. The intersections that will be synchronized include: • Miriam Way at Dinah Shore Drive • Shoppers lane at Dina Shore Drive • Monterey Avenue at Dinah Shore Drive • Toni Drive at Dinah Shore Drive • Monterey Avenue at Market Place Way The traffic report analyzed opening year (2018) plus ambient growth plus cumulative projects. The analysis assumes that all components of the project will be operational in 2018. This represents a conservative analysis, because project development is expected to occur over a longer time period,as tenants are secured. The analysis shows that with project-related improvements, all of the key intersections are forecast to operate at acceptable levels of service during the AM and PM peak hours, with the exception of the intersection of Monetary Avenue/Dinah Shore Drive which is forecast to operate at unacceptable LOS F in the PM peak hour. Although the intersection of Monterey Avenue/Dinah Shore Drive is forecast to operate at adverse LOS F, the proposed project will not significantly impact that condition, which currently exists. The planned improvements by the project to the intersection, described above, offset the impact directly associated with the project. Queuing Analysis A queuing assessment was also conducted for the proposed project to assess the potential impacts along Dinah Shore Drive associated with the proposed development and the construction of the east-bound left-turn pockets at Driveway A and Driveway C as well as the west-bound left-turn pockets at Monterey Avenue/Dinah Shore Drive. Queuing analysis shows that the proposed turn-pockets along Dinah Shore Drive will provide adequate storage to minimize impacts to through traffic along Dinah Shore Drive. Also, motorists entering and exiting the project site will be able to do so comfortably, safely, and without undue congestion. Site Access and Internal Circulation Evaluation Level of Service Analysis for Project Access Locations Access to the subject site will be provided via one full-access driveway at Toni Drive and Dinah Shore Drive, a right-in/right-out only driveway along Dinah Shore Drive, and a right-in/right- Signal Coordination: The ability to synchronize multiple intersections to enhance the operation of one or more directional movements in a traffic system. -72- out/left-in only (left-turn egress is restricted) driveway at the eastern end of the project on Dinah Shore Drive. Analysis included assumptions allowing for the development of extensive other cumulative projects in the surrounding area, and for ambient growth. On the basis of these assumptions, the traffic study found that all three-project driveways are forecast to operate at an acceptable LOS B or better during the AM and PM peak hours. Overall, impacts associated with the ultimate development of the site will be less than significant with mitigation with onsite and offsite improvements and signal coordination. c) No Impact. The Palm Springs International Airport is located approximately 8.4 miles northwest of the subject property. The development of the proposed project will have no 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. It will also not create substantial safety risks. No project related impact is anticipated. d) Less Than Significant Impact. The project will be developed in accordance with City design guidelines and will not create a substantial increase in hazards due to a design feature. The project's access point will be located with adequate sight distances, and project-generated traffic will be consistent with existing traffic in the area. Improvements along Dinah Shore Drive at Monterey Avenue and Toni Drive/Driveway A will be provided to offset the project related impact from the regular traffic. Therefore,project related impact would be less than significant. e) Less Than Significant Impact. Access to the project site will be provided via one full-access driveway at Toni Drive and Dinah Shore Drive and one right-in/right-out only driveway and one right-in/right-out/left-in (with restricted left turn) only driveway at the eastern end of the project on Dinah Shore Drive. A sight distance evaluation was also performed for all three project driveways as well as the proposed left-turn in median break at the easterly project driveway based on criteria and procedures set forth by the California Department of Transportation (Caltrans) in the State's Highway Design Manual(HDM). Based on the evaluation, a posted speed limit of 45 mph along Dinah Shore Drive, a corner sight distance (7 '/2 second criteria) of the Caltrans HDM, and a corner sight distance of 495 feet is required for the proposed project driveways. This will minimize the obstructions within the sight triangle provided by sight lines at the project driveways. Further analysis of existing conditions on Dinah Shore Drive along the project frontage indicates that obstructions, with the exception of landscaping/street trees, along the sidewalks are minimal. Any additional landscaping and/or hardscapes (i.e. monument signs) shall be designed such that a driver's clear line of sight is not obstructed. All three driveways will also be available for emergency purposes, therefore, emergency access should not impact traffic flow along Dinah Shore Drive significantly. However, prior to construction,both the Fire Department and Police Department will review the project site plan to ensure safety measures are addressed, including emergency access. The proposed project will not result in inadequate emergency access. Less than significant impact is anticipated. f) Less Than Significant Impact. SunLine Transit operates bus routes along Monterey Avenue and Dinah Shore Drive and will provide public transit access to the proposed project. SunLine -73- has adequate capacity in its system to accommodate the proposed project. The project design 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. Less than significant impact is anticipated. Mitigation Measures 1. The proposed project shall construct off-site intersection improvements described above, consistent with the requirements of the City. 2. Signal coordination shall be incorporated mitigate the overall flow of traffic in the project vicinity. Mitigation Monitoring and Reporting Program A. The project proponent shall submit improvement plans to the Public Works Department reflecting added turn lanes and signal coordination, for approval by the City Engineer. Responsible Party: Engineer of record, City Engineer. -74- 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 enviromental 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: Palm Desert General Plan 2004; Palm Desert General Plan 2016; Ordinance No. 1422.3 titled "Ordinance of the Coachella Valley Water District Imposing Revised and Additional Restrictions on Water Use to Comply with Statewide Drought Regulations.", http://ww_w_.cvwd._o_ig/ArchiveCenter/ViewFile/Item/5l1, Accessed on 08.23.2016. Setting Wastewater Treatment The City works with Coachella Valley Water District (CVWD) to treat and recycle wastewater at the Cook Street Wastewater Treatment Plant. This wastewater treatment plant also serves other communities and has a tertiary water capacity of 20 million gallons per day (mgd). CVWD continually -75- increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures throughout the Coachella Valley. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. Domestic Water The Coachella Valley Water District (CVWD) provides domestic water to the project area. Its primary source of fresh water is groundwater extracted by deep wells from the Whitewater River sub-basin. CVWD's service area lies in the Whitewater River Watershed, and adopted Ordinance No. 1422.3 titled "Ordinance of the Coachella Valley Water District Imposing Revised and Additional Restrictions on Water Use to Comply with Statewide Drought Regulations" to implement regional management of water supplies.CVWD, as an urban water supplier, is required to prepare an"Urban Water Management Plan (UWMP)" every five years in response to the requirements of the Urban Water Management Planning Act(UWMP Act), California Water Code Sections 10610 through 10656. CVWD's UWMP is a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet existing and future urban water demands. In addition to its UWMP, CVWD prepares an annual report each year to document and analyze the region's water needs and long-term demand for domestic water. This analysis includes conservation measures and replenishment programs to make it possible for CVWD to meet increasing demand of the services area. The proposed project will be required to implement all water conservation measures imposed by CVWD under both normal and drought conditions over the life of the project. In addition, the State Water Resources Control Board (SWRCB) has issued Emergency Order 2014-0718-01E, which mandates water suppliers enact certain water restrictions. On May 9, 2016, the Governor issued an Executive Order to direct the State Water Resources Control Board to adjust and extend its emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions for many communities. The project will also be required to implement the updated 2016 emergency measures, if in effect at the time construction occurs. The proposed project will tie into existing domestic water lines in Dinah Shore Drive. No new wells or additional water infrastructure or entitlements will be required. Storm Water Management Storm water drainage infrastructure within the City of Palm Desert consists of a network of regional and local drainage systems which are ultimately interrelated. The regional and local drainage system includes natural and improved streams, storm drains, storm channels, and catch basins intended to manage stormwater that flows into the Whitewater Storm Water Channel, Deep Canyon Stormwater Channel, Palm Valley Stormwater Channel, Mid-Valley Stormwater Channel, Dead Indian Channel, Ironwood Channel, and Portola and Haystack Channels. The Coachella Valley Water District (CVWD), the Riverside County Flood Control District, and the City of Palm Desert control this drainage system. In 1993, the "Palm Desert Comprehensive Storm Drain Master Plan" was prepared to better manage the storm water runoff in the City. In that Master Plan, the City is divided into four drainage areas (Zone 1, Zone 2, Zone 3, and Zone 4) to manage and divert the runoff into the regional and local drainage systems. The project site is located in the Zone 1 which mainly drains into the Whitewater Channel, Palm Valley Channel,Haystack, and San Pascual Channels. -76- The "Preliminary Hydrology Study" prepared for the project site in 2016 to fulfill the City's drainage requirements for the entitlement of the proposed project evaluated the 10 and 100 year 1-hour storm runoff conditions. The project site is divided into six areas to divert the onsite runoff into infiltration basins for each area drainage area. Solid Waste Waste Management of the Desert provides solid waste disposal, through a franchise agreement with the City, and will be responsible for collection and disposal of solid waste from the project site. Trash and recycled materials are collected from customers in the City and transported to the Badlands Landfill, located at 31125 Ironwood Avenue, Moreno Valley. Other possible alternatives include the Lamb Canyon Landfill and El Sobrante Landfill. The County of Riverside operates all these landfills. Discussion of Impacts a) Less Than Significant Impact. Buildout of the planning area will include a four story hotel building with 130 hotel rooms, automobile sales building and sales lot, tire store, high turnover (site down) restaurant, three fast-food restaurants with drive-through service, and two additional buildings for retail 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 in the City of Palm Desert will serve the proposed project and 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. b, d) Less Than Significant Impact. The proposed project will be required to connect to existing water lines in adjacent roadways. As previously identified, sanitary sewer service is available in the area of the proposed project along Dinah Shore Drive. The project site will be served by the Cook Street Wastewater Treatment Plant. The proposed project will be responsible for the connections necessary to tie into existing water lines to the standards set by the City and CVWD. The site is being developed with land uses consistent with the parcel's land use designation for regional commercial uses, which is consistent with the assumptions made by CVWD in their UWMP. Build out of the project will result in an increase of less than 1% in demand over current conditions. This is within the CVWD's capacity, and impacts associated with water supplies will be less than significant. The City's and CVWD's standards and requirements will assure that impacts associated with water conveyance and water supply will be less than significant. c) Less Than Significant Impact. The proposed project will be required to contain the 100-year storm on-site, as required by City standards. The site will be graded to drain to several infiltration basins. From there, concrete ribbon gutters will convey stormwater to the common retention basin in the eastern portion of the property. This system will be reviewed and approved by the City Engineer to assure that it meets City standards. These standards and requirements will assure that impacts associated with storm water management will be less than significant. e) Less Than Significant Impact. The City works with Coachella Valley Water District(CVWD) to treat and recycle wastewater at the Cook Street Wastewater Treatment Plant. This wastewater -77- treatment plant also serves other communities and has a tertiary water capacity of 20 million gallons per day (mgd). CVWD continually increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. There will be less than significant impact to wastewater treatment capacities associated with the proposed project. f, g) Less Than Significant Impact. The City has an exclusive franchise agreement with Waste Management of the Desert 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 Badlands Landfill. This landfills is 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. Mitigation Monitoring and Reporting Program None. -78- 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 enviromnent, 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 envirommental 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) Less Than Significant Impact with Mitigation Incorporated: Biological Resources The project site is not located within the boundaries of a CVMS HCP-designated conservation area, and does not contain any wildlife corridor or biological linkage area. However, mitigation measures have been included in this Initial Study to reduce potential impacts to migratory birds to less than significant levels. The proposed project will not significantly reduce fish or wildlife habitat or otherwise adversely impact a fish or wildlife species. Cultural Resources The site has a low probability of containing archaeological resources, and there are no historic structures on site. However, mitigation measures have been included in this Initial Study to assure that impacts associated with cultural resources remain less than significant. With implementation of the mitigation measures provided in this report,impacts will be less than significant. -79- b) Less Than Significant Impact with Mitigation Incorporated: The proposed project proposes a Specific Plan and Conditional Use Permit to support the planned land uses. The project also proposes Tentative Vesting Parcel Map to subdivide the subject site's two parcel into 11 parcels to further support the mixed-use commercial development. The proposed project will be consistent with the land use designations for the site. The project is also consistent with the commercial development trends in the immediate vicinity. Public utility providers have indicated they will be capable of serving the project with existing and/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) Less Than Significant Impact with Mitigation Incorporated: The project will contribute to the cumulative impacts of development in the City of Palm Desert and broader Coachella Valley. Project construction will contribute to the region's current exceedances of PMio; however, these impacts will be mitigated to less than significant levels through implementation of City requirements, consistent with the region's fugitive dust reduction measures. These impacts will be further mitigated to less than significant levels through implementation of air quality mitigation measures. d) Less Than Significant Impact with Mitigation Incorporated: This Initial Study document identifies potential impacts associated with greenhouse gas emissions and TACs, as well as noise impacts as a result of build out of the proposed project. Air Quality The proposed project site would be exposed to Toxic Air Contaminations (TAC) which increase cancer risk. The main source of generated TAC emissions would be diesel truck and railroad emissions generated by the Interstate-10/Union Pacific Railroad uses. Mitigation measures have been included in this Initial Study to assure that impacts associated with TACs remain less than significant. Greenhouse Gas The proposed project will generate greenhouse gas emissions during construction and operation. A set of mitigation measures is included in this Initial Study to minimize the greenhouse emissions and assure that GHG emissions from the proposed project will meet the proposed thresholds of the SCAQMD, through compliance with the City's ESP. As a result, impacts associated with GHG emissions will be less than significant. Noise The proposed project has the potential to generate high levels of noise during construction; however, mitigation measures will be implemented to minimize the environmental effects and reduce substantial adverse effects on human beings. Suitable mitigation measures have been provided to mitigate the potential impacts to less than significant levels. 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