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HomeMy WebLinkAboutOrd 1156 and Res 08-42 PP 07-10, CUP 07-18, DA 07-03 & DA 07-04 - Davis Street Lnd Co.REQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT CITY COUNCIL STAFF REPORT Consideration of approval of a Development Agreement and revised Resolution for the Saks 5th Avenue Expansion and El Paseo Village Remodel. Subject properties are located at 73-425 - 73-545 El Paseo. (APN.627-252-004, 005 & 627-261-006) SUBMITTED BY: Ryan Stendell Associate Planner APPLICANT: Davis Street Land Company 622 Davis Street, Suite 200 Evanston, IL 60201 CASE NO: PP 07-10, CUP 07-18, DA 07-03, DA 07-04 DATE: May 22, 2008 I. RECOMMENDATION: That the City Council: 1) adopt the findings to approve Case No. DA 07-03 and DA 07-04 and pass Ordinance No. 1156 on to second reading and authorize mayor to execute the subject Development Agreements; and 2) adopt Resolution No. 08-42 , approving the revised resolution PP 07-10 and CUP 07-18, and 3) appropriate $750,000 from unobligated general funds for payment of public parking easement. II. EXECUTIVE SUMMARY: Approval of the staff recommendation will approve development agreements and a revised resolution for the Saks 5th Avenue Expansion and the El Paseo Village Remodel and provide $750,000 to the applicants in exchange for a public parking easement for the parking garage. III. BACKGROUND/DISCUSSION: Staff was directed to return to the Council with a development agreement for this project to include: preferential parking for hybrid vehicles; design meeting LEED Silver certification standards for the entire El Paseo Village; using best efforts to maintain the proposed landscaping; and providing reciprocal parking between the El Paseo Village and The Gardens on El Paseo. In exchange, the developer would be allowed to build a 42 foot high structure without providing the daylight triangle setbacks. Staff Report May 22, 2008 Page 2 of 2 The proposed development agreements provide all benefits that the City Council requested. Because this project encompasses two properties that are interdependent, staff has created two development agreements that link the projects together. Additionally, staff recommends that the City purchase a public parking easement for the amount of $750,000 for the El Paseo Village parking garage. This agreement will successfully facilitate the reciprocal parking requirement between the Gardens on El Paseo and the El Paseo Village. IV. ENVIRONMENTAL REVIEW: 0 z Staff has prepared an Environmental Assessment that resulted in a Mitigated +� Negative Declaration for the project site. (See attachments.) The site was analyzed based on the attributes and requirements of an infill project. Therefore, mitigations E are those regularly associated with development of this type and are listed in the attached Initial Study. 0 a V. ATTACHMENTS: 1 • m itt' • 1i1'/1 i Ryan Stendell Associate Planner 0 a • v+1 +J E 0 A. Development Agreements 07-03 and 07-04 b a 0 B. Draft Resolution 0 g C. Legal Notice D. Initial Study/Environmental Assessment (including visual simulations & traffi@ study) 0 "0 cl 0rf 4-1 U U7 a.) cd •rl cC P-1 U1 U CO 4-1 ,C Department : ,4 „ QJ b 1 1111v Puri Aylaian ° a Director, Community Development Approval: Homer Croy ACM, Development Services Approval: to sub a O �+rl r� ao 4-) 4 <4 0 cd N O 0 a rJ aCLI O 0 0 O '--I F+ $-4 O 1v CO a+ A Carlos L. Ort:f.a 4 CU X City Manager MEETING DATE 5. 08 .n 4,, +' AYES : ergu C6YJ , i:ef j• 4-1 0 NOES: rnerh l j 0 061ABSENT: AJN'}-E, a`r' o ABSTAIN: A/(r1 ' yy� • 0 co G:\Planning\Ryan Stendel]\Word Data �PP-07-1O_CC_RPT-DA-L1� ER I F I ED BY: fj l Tr] h2-r) i 1 z Original on File with y Clerk's Office Paul Gibson Director of Finance CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER MEETING DATE 5 - •2 © CONTINUED TO ORDINANCE NO. 1 rifi°—' ''"58ED TO 2ND READING.-_ Q A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM ut., _ . ; CALIFORNIA, APPROVING DEVELOPMENT AGREEMENTS AS THEY RELATE TO THE EXPANSION OF SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND THE EL PASEO VILLAGE REMODEL. CASE NO. DA 07-03 & DA 07-04 AS THEY RELATE TO CASE NO. PP 07-10 & CUP 07-18: WHEREAS, the Planning Commission by its Resolution No. 2467 has recommended approval of said project; and WHEREAS, at said public hearings, said City Council heard and considered all testimony and arguments of all interested persons. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That the Development Agreements 07-03 and 07-04 by Ordinance No. 1156 have been subject to environmental review under the California Environmental Quality Act and a Mitigated Negative Declaration has been adopted which addresses the Development Agreements and the development projects underlying said Agreements. That the Development Agreements are hereby found to be consistent with the City of Palm Desert General Plan and the Palm Desert Commercial Core Area Specific Plan. SECTION 2: That the Development Agreements 07-03 and 07-04 by Ordinance No. 1156 are hereby approved. SECTION 3: The City Clerk of the City of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California CITY COUNCIL RESOLUTION NO. 08-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN INCLUDING A CONDITIONAL USE PERMIT TO ALLOW A 27,000 SQUARE FOOT ADDITION TO THE EXISTING SAKS 5T" AVENUE AT THE EXISTING GARDENS ON EL PASEO AND DEMOLITION OF THE EXISTING EL PASEO VILLAGE (LOCATED BETWEEN SAN PABLO AND LUPINE LANE) AND CONSTRUCTION OF A 72,474 SQUARE FOOT TWO-STORY RETAIL, OFFICE, AND RESTAURANT DEVELOPMENT WITH PARKING STRUCTURE AND AN ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO. SUBJECT PROPERTIES ARE LOCATED AT 73-545 EL PASEO (GARDENS ON EL PASEO, APN: 627-261-006) AND 73-425 EL PASEO (EL PASEO VILLAGE, APN: 627-252-004, 005) CASE NOS.: PP 07-10, CUP 07-18 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February 2008, hold a duly noticed public hearing to consider the request by Davis Street Land Company, and granted preliminary approval for the project subject to the applicant entering into development agreements for the project; and WHEREAS, said application has complied with the requirements of the California Environmental Quality Act including the "City of Palm Desert Procedure for Implementation of the California Environmental Quality AcY', Resolution No. 06-78, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Mitigated Negative Declaration, as shown in exhibit `A'; and WHEREAS, the Architectural Review Commission recommended approval of the project at its January 8, 2008 meeting and the Planning Commission recommended approval of the project, including the Mitigated Negative Declaration, at its February 5, 2008 meeting; and WHEREAS, at the City Council's public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the approval of said request: Precise Plan/Conditional Use Permit: 1. The proposed location of the project is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The proposed project is located in a C-1, Genera/ Commercial zone, with a Scenic Preservation overlay and is covered by the Palm Desert Commercial Core Area Specific Plan which encourages the retail/restaurant and second story office enhancement of the EI Paseo Corridor. The proposed retail, RESOLUTION NO. os-42 restaurant and office project is in accordance with the district in which it is located and the superior architecture and design meets the intent of the Scenic Preservation overlay district. 2. The proposed location of the project and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. The redevelopment will improve the aesthetics and overall quality of the area and will not be materially injurious to properties or improvements in the vicinity or be detrimenfal to public health, safety or general welfare of the City. The Conditional Use Permits for the restaurant uses in the C-1 zone assure that they are operated in a manner that is not detrimenta/to the surrounding uses. 3. The proposed project will comply with each of the applicable provisions of this title. The project complies with all standards of the C-1, General Commercial zone. The project as conditioned complies with all provisions of the Zoning Ordinance including the precise plan and conditional use permit, except to the extent that those standards are superseded by standards provided in the development agreements.. 4. The proposed project complies with the goals, objectives, and policies of the city's adopted General Plan. The proposed project is consistent with the General Plan designation of Community Commercial and also the goa/s outlined in the Palm Deserf Commercial Core Area Specific Plan of keeping the EI Paseo area as a unique, pedestrian-oriented high-end retail shopping area. RESOLUTION NO. os-42 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve the Mitigated Negative Declaration, PP 07-10, and CUP 07-18 and approves the project, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22"d day of May 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE KLASSEN, City Clerk Palm Desert City Council RESOLUTION NO. os-42 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NOS: PP 07-10, CUP 07-18 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Approval of a precise plan of design including a conditional use permit to allow a 27,000 square foot addition to the existing saks 5�' avenue at the existing gardens on el paseo and demolition of the existing el paseo village (located between san pablo and lupine lane) and construction of a 72,474 square foot two-story retail, office, and restaurant development with parking structure and an adoption of a mitigated negative declaration as it relates to the project thereto. Subject properties are located at 73-545 EI Paseo (Gardens on EI Paseo, APN: 627-261-006) and 73-425 EI Paseo (EI Paseo Village, APN: 627-252-004, 005) The Director of the Department of Community Development and the City of Palm Desert, California Planning Commission and City Council have found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. LAURI AYLAIAN Date Director of Community Development RESOLUTION NO. os-42 CONDITIONS OF APPROVAL CASE NOS. PP 07-10, CUP 07-18 Department of Communitv Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time 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 all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 7. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 8. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 9. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. RESOLUTION NO. os-42 10. All conditions of approval shall be recorded against each parcel on which development is to occur before any building permits are issued for construction on that parcel. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 11. Prior to issuance of permits for the Saks expansion the applicant shall work with the City Attorney to review and amend as necessary the current public parking easements for the existing Gardens on EI Paseo parking deck to reflect the loss of parking spaces due to the Saks Fifth Avenue expansion. No permits shall be issued prior to the granting of replacement parking easements in the new parking structure at EI Paseo Village. 12. The applicants shall enter into two development agreements for the approval of the above noted project, one agreement for the expansion of the Saks Fifth Avenue and one agreement for the EI Paseo Village portions of the project. The development agreements shall address items including but not limited to: full reciprocity of parking between existing Gardens on EI Paseo and the EI Paseo Villiage remodel; shaded parking for top level of the parking decks at both portions of the project; parking for hybrid vehicles at the EI Paseo Village portion of the project; and designed to LEED Silver certification standards under the New Construction rating system or the Core and Shell and Commercial Interiors rating systems for the EI Paseo Village portion of the project. Occupancy of the Saks Fith Avenue expansion shall not be permitted until the easement for full public parking at the EI Paseo Village has been executed and recorded. 13. Owners of each portion of the project agree to defend, indemnify and hold harmless the City of Palm Desert ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of any portion of this Project or any entitlements granted therefore, including any associated development agreements. The city shall have sole discretion in selecting its defense counsel. The city shall promptly notify the owner of any claim, action or proceeding and shall cooperate fully in the defense. 14. The applicant shall provide a public parking easement to the City over the new parking garage at the EI Paseo Village as outlined in Development Agreement 07-03. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner who shall maintain the landscaping per the City approved landscape document package for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801). RESOLUTION NO. 08-42 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 6. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction taking into account the possible overflow of San Pablo and Lupine into the parking area incorporating preventative measures. 7. Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 9. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 10. Landscape installation shall be drought tolerant in nature and in accordance with the Citys Water Efficient Landscape Ordinance (24.04). 11. Landscape, grading, and utility plans shall be submitted for review concurrently. 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Rights-of-way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. RESOLUTION NO. og-42 CONSTRUCTION REQUIREMENT 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 14. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 15. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 16. Drainage study shall take into account the possible overflow of San Pablo and Lupine into the lower level parking area incorporating preventative measures. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm fire flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1/2"x2-1/2", located not less than 25' nor more than 150' feet from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. RESOLUTION NO. 08-42 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and finro family dwellings. (13 R and attic protector) 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 11. All buildings shall have illuminated addresses of a size approved by the city. 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 14. Fire Department ground floor access radius shall be not less than 31-feet inside and 52-feet outside. // CITY Of Pfllf� DESERT ]j-510 FR[U WARING DRIVf. PALM DESk:R'1',CALIFORNIA y2260-25�8 i TEL:760 ;46-06�� � FAX:]60 ;qi-7og8 � in(o@palm-desert.org CITY OF PALM DESERT PUBLIC NOTICE CASE NO. DA 07-03 NOTICE IS HEREBY GIVEN that a public hearing wili be held before the Palm Desert City Council to consider a request by Davis Street Land Company for approval of a Development Agreement for the Saks 5�' Avenue Expansion and EI Paseo Village Remodel. Subject properties are located at 73-425 — 73-545 EI Paseo. (APN.627-252- 004,005&627-261-006) C of Palm Des�rt 9ANOOR�w�r y 3 A ES�AMDRODR�y�� � �Do-ALE38ANDR0 R I STATE HWY 111 s EL PAEEO A � a �� �� � � / SMADOW OUNTAN D � � SAID public hearing will be held on Thursday, April 24, 2008, at 4:00 p.m. in the Council Chambers at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Palm Dese�t City Council at,or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk April 13, 2008 Palm Desert City Council Recording Requested by And When Recorded Return to: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt from Recorder's Fees Pursuant to Government Code § 6103, 27383 DEVELOPMENT AGREEMENT By and Between the CITY OF PALM DESERT And EL PASEO LAND COMPANY LLC Dated: , 2008 Page 1 of 24 \\iw-fnp01\data5\users�Robert.HargreavesVNy Dcxuments\Palm Dcsert EI Paseo Village DA with LEED rccilinc 5-14.doc Error!Unknown dacument property name. DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2008, by and between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California (the "City), and El Paseo Land Company L.L.C., a limited liability company organized and existing under the laws of the State of Delaware ("Developer"), with reference to the following facts, understandings and intentions of the parties: RECITALS: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. B. Government Code Sections 65684 through 65869.5 inclusive (the "Development Agreement Legislation") authorize the City to enter into development agreements in connection with the development of real property within its jurisdiction. Pursuant to the Development Agreement Legislation, on August 11, 1983, the City enacted procedures and requirements for the consideration of development agreements by Ordinance No. 341, as amended on December 7, 1989 by Ordinance I�1o. 589 (collectively, the "Development Agreement Ordinance"). C. Developer is the owner of a legal or equitable interest in the Property and is entitled to have filed the applications for the Project and to enter into this Agreement. The Project consists of the future redevelopment of the Property with retail, office and restaurant uses, together with a new two level parking structure. The Project is projected to generate a Page 2 of 24 \\iw-fnp0lWataS\users\Robert.HargreavcsUvty Dcxumenu\Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error:[;nknown document property name. signi�cant amount of property and sales tax revenue for the City's general fund and other funds. The Property is located at an important location in the City and the coordinated development of the Project pursuant to this Agreement represents an important and mutually beneficial economic development and land use planning opportunity for the City and Developer. D. The City has determined that the development of the Project as contemplated by this Agreement is consistent with and in furtherance of the goals, policies, objectives, zoning, general land uses and development programs of the City as set forth in the City's General Plan, the Palm Desert Commercial Core Area Specific Plan and Zoning Code. E. The City has determined that entry into this Agreement will further the goals and objectives of the City's land use planning policies by, among other things, encouraging investment in the El Paseo district, providing criteria for the uses, design and development of the Property, including flexibility in land use options which may be altered in order to respond to future economic conditions, eliminating uncertainty in planning, and securing orderly and expeditious processing and development of the Project. The benefits conferred on the City by Developer herein will (i) insure consistent, comprehensive planning which will result in aesthetically pleasing, environmentally harmonious, and economically viable development within the City; (ii) provide for the creation of pedestrian-oriented specialty retail, office and restaurant uses for the City; (iii) provide increased property and sales tax revenue for the City and its Redevelopment Agency; and (iv) further the development objectives of the City in the El Paseo district in an orderly manner, all of which will significantly promote the health, safety and welfare of the residents of the City. In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with the Project without fuRher regulation by City in Page 3 of 24 \�w-fnp01\dataS\uscrsU2obert.Hargreaves�Nly Documents�Palm De,scrt EI Pasco Village DA with LEED redline 5-14.doc Error!Unknown dacument property name. accordance with the Development Plan attached to this Agreement as Exhibit "A", and at a rate and phasing of its choosing, subject to the terms and conditions contained in this Agreement. F. By adopting this Agreement, the City Council has elected to exercise certain governmental powers at the present time rather than deferring such actions until an undetermined future date and has done so intending to bind the City and the City Council, now and in the future, intending to limit the City's future exercise of certain governmental powers, to the extent permitted by law. G. In order to effectuate the foregoing, the parties desire to enter into this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. Definitions. 1.1 Defined Terms. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 1.2 Agreement. This Development Agreement. 1.3 Buildin� Ordinances. The uniform building codes adopted by the City, of general application throughout the City and not imposed solely with respect to the Property, including, without limitation, the City's building, plumbing, electrical, mechanical, and fire codes. Page 4 of 24 \\iw-fnp01\data$\uscrs�Robert.HargreavesVvly Documen�s\Palm Descrt EI Pasw Village DA with C.EED redline 5-14.dex; Error:Unknown document property name. 1.4 Citv Council. The legislative body of the City of Palm Desert. 1.5 Effective Date. The date on which the Enacting Ordinance becomes legally effective. 1.6 Enactin�Ordinance. Ordinance , enacted by the City Council on , 2008, approving this Agreement. 1.7 Existing Land Use Re�ulations. The City's land use regulations in effect as of the Effective Date, which comprise the ordinances, resolutions, codes, rules, regulations and official policies of the City applicable to the Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions relating to the timing of development, all as applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, Existing Land Use Regulations shall include the City's General Plan, the City's Commercial Core Area Specific Plan, the City's zoning ordinance inclusive of the C-1 zoning standards and scenic preservation overlay standards, the City's subdivision code, the City's redevelopment plans and rules, and the City entitlements and approvals issued for the Project summarized in the Development Plan on Exhibit "A" hereto, including but not limited to the January 8, 2008 Architectural Review Commission approval, the City Council's February 28, 2008 approval of the precise development and parking plans (PP 07-10), conditional use permits for the restaurants (CUP 07-18) and the approval of the Mitigated Negative Declaration prepared for the Project. Existing Land Use Regulations shall exclude the City's Building Ordinances so long as applied generally to structures similar to the Project within the City. Page 5 of 24 Uiw-fn�l\dataS\users\Robert.HargrcavesVvly Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.dcx F,rror:Unknown dceument propeAy name. 1.8 Mort�a�e. A mortgage, deed of trust, sale and leaseback arrangement (in wl�ich all or a part of the Property, or an interest in it, is sold and leased back concurrently) or '��:�r transactions in which all or a part of the Property, or an interest in it, is pledged as security, contracted in good faith and for fair value. 1.9 Proiect. The development, associated amenities, and on-site and off-site improvements, as permitted under and described in the Development Plan (attached hereto and incorporated herein by this reference as Exhibit "A"), to be constructed on the Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement. In general, the Project comprises the demolition of the existing El Paseo Village shopping center and its redevelopment with 3 two-story buildings to form a new El Paseo Village retail, office and restaurant project. 1.10 PropertX. The real properties and any improvements thereon which are described in Exhibit "B" attached hereto and incorporated herein by this reference to this Agreement. 2. Term; Amendment. 2.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall terminate on the fifth (Sth) year anniversary date of the Effective Date, unless sooner terminated or extended as hereinafter provided. This Section 2.1 shall have the effect of extending the terms of all other City approvals, permits and entitlements pertaining to the Project so that such terms are co-extensive with the five (5) year term provided herein. 2.2 Amendment. The parties to this Agreement at their sole discretion and by their mutual written consent may from time to time amend the provisions and terms of this Page 6 of 24 \\iw-fnp01\data5\uscrs\Robert.HargreavesVNy Documents\Palm Desert EI Pasco Village DA with LEED rcdline 5-14.doc Error!Unknown document property name. Agreement. An amendment to this Agreement is not triggered by adjustments to the Project approved pursuant to the authority and discretion of the City's community development director by the Existing Land Use Regulations. 3. General Development of the Project 3.1 Vested Ri�ht to Develop Project. (a) The Project is defined and described in the Development Plan attached to this Agreement as Exhibit "A". (b) Developer shall immediately upon the Effective Date of this Agreement have the vested right to develop the Project in accordance with the Development Plan and, to the extent not inconsistent with or modified by the Development Plan, the Existing Land Use Regulations. Developer does not have the obligation to develop the Project and may proceed with some or all of the Project at its discretion, at a rate, sequence and phasing of Developer's sole choosing. Developer's right to develop the Property in accordance with this Section 3.1 shall be without regard to future changes or additions to the Existing Land Use Regulations of the City, however enacted, whether by moratorium, initiative and/or referenda of the City or of the voters of the City. Because the California Supreme Court held in Pardee Cnnstruction Co. v. Ciry nf Camarillo (1984) 37 Cal.3d 465 that failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the intent of the City and Developer to acknowledge and provide that, notwithstanding anything to the contrary in the Existing Land Use Regulations, Developer shall have the right(without the obligation) to develop the Property in such order and at such rate and at such times as the Developer deems appropriate within the exercise of its sole good faith business judgment in accordance with the Development Plan. Page 7 of 24 \\iw-fnp01\dataS\users�Robert.Hargn:avcsUvly Documents�Palm Desert EI Pasco Village DA with LEED redline 5-14.doc Error!Unknown dceument property name. (c) No moratorium, inclusive of moratoria contemplated by Government Code Section 65858, shall be effective or applicable to this Property on account of the vested rights provided through this Agreement. 3.2 Future Approvals such as Buildin� Permits and Other Approvals and Permits. Subject to (a) Developer's compliance with this Agreement, the Development Plan, and the Existing Land Use Regulations, and (b) payment of the usual and customary processing fees of general application set forth on a written fee schedule as may then be applicable, the City shall process and issue to Developer promptly upon application thereof all necessary building permits, occupancy certificates, grading, demolition and construction approvals, utility hook-ups and other required permits for the construction, use and occupancy of the Project, or any portion thereof, pursuant to Existing Land Use Regulations. 3.3 Effect of A�reement. This Agreement shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. The parties acknowledge that this Agreement is intended to grant Developer the vested right to develop the Project pursuant to specified and known criteria and rules as set forth in the Development Plan and the Existing Land Use Regulations, and to grant the City and the residents of the City certain benefits which they otherwise would not receive. This Agreement shall control over the provisions of other Project approvals, permits, conditions of approval, mitigation measures and entitlements as well as the Existing Land use Regulations. This Agreement shall be binding upon the City and its successors in accordance with and subject to its terms and conditions notwithstanding any subsequent action of the City, whether taken by minute order, ordinance or resolution of the City Council, by referenda, Page 8 of 24 \\iw-fnp01\data$\users\Robert.HazgreavesVvly Documents�Palm Descrt EI Paseo Viflage DA with LEED redline 5-14.doc Error!Unknown document properly name. initiative, or otherwise. The parties acknowledge and agree that by entering into this Agreement and relying thereupon, the Developer has obtained, subject to the terms and conditions of this ngreement, a vested right to proceed with, but not the obligation to proceed with, development of the Project in accordance with the Development Plan and the Existing Land Use Regulations. The City has entered into this Agreement in order to secure the public benefits conferred upon it hereunder which are essential to provide for the public health, safety and welfare of the City and its residents, and this Agreement is an essential element in the achievement of those goals. 4. Speci�c Criteria Applicable to Development of the Project. 4.1 Applicable City Re�ulations. Except as set forth in the Development Plan and subject to the provisions of Section 4.2 below, the Existing Land Use Regulations shall govern the development of the Property hereunder and the issuance of all permits or approvals required to develop the Property; provided, however, that(a) Developer shall be subject to reasonable changes in processing, inspection and plan-check fees, charges imposed by City in connection with the processing of applications for development and construction upon the Property, and development impact fees, at the rates existing at the time of payment, so long as such fees and charges are of general application and are not imposed solely with respect to the Property or Project; and (b) Developer shall abide by the Building Ordinances in effect at the time of each application. 4.2 Amendment to Applicable Re�ulations. In the event that the Existing Land Use Regulations are amended by the City in a manner which provides more favornble site development standards for the Property or Project or any part thereof than those in effect as of the Effective Date, Developer shall have the right to notify the City in writing of its desire to be subject to all or any such new standards for the remaining term of this Agreement. If City Page 9 of 24 \\iw-fnp01\data$\users\Robert.HazgreavesUvty Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. agrees, by action of the City Planning Director or City Manager, such new standards shall become applicable to the Property or portions thereof. Should City thereafter amend such new standards, upon the effective date of such amendment, the original new standards shall continue to apply to the Property as provided above, but Developer may notify City in writing of its desire to be subject to all or any such amended new standards and City may agree in the manner above provided to apply such amended new standards to the Property. 5. Project Enhancements. The City and Developer desire to cooperate with each other to secure enhancements to the Project to be furnished by Developer, at its sole cost. The following enhancements shall be provided as part of the Project: (a) inclusion of preferential parking spaces for hybrid or hydrocarbon-fuel-alternative vehicles at the new EI Paseo Village parking structure; (b) Developer shall construct Project to the specifications that would be necessary to obtain a green building rating under the 2008 Leadership in Energy and Environmental Design ([.EED) silver certification program ("Silver LEED specifications"); to the extent that Silver LEED specifications are subjective or not clearly defined, Developer shall use its best efforts to comply with reasonable interpretations of what those standards would be. In addition,Developer shall submit the Project to the USGBC for LEED Silver certification under either the New Construction rating system or under the Core&Shell and Commerciai Interiors rating systems ; (c) Developer shall use its best efforts to install and sustain shade landscaping in the new Project's parking structure; (d) reciprocal parking within the Project's new parking structure shall be provided for customers of the adjacent Gardens on El Paseo shopping center by means of a private easement executed by Developer; (e) the City shall provide written notification to Developer and shall consult with Developer in advance of any future consideration to place any objects taller than four(4) feet Page 10 of 24 \\iw-fnp01\data�\users\Roberi.HazgreavcsVvly Documents�Palm Deseri EI Paseo Village DA with LEED redline 5-14.doc Error:Unknown dceument property name. within the public right of way in front of the Project; and (� within sixty(60) days of issuance of a certificate of occupancy for the parking structure and tender by Developer to the City of a recordable easement for public parking in the parking structure and a Parking Management Plan for the parking structure, both in a form acceptable to the city attorney, the City shall pay Developer seven hundred fifty thousand dollars ($750,000). 6. Periodic Review of Compliance. In accordance with Govt. Code Section 65865.1, the Planning Director or City Manager shall review this Agreement each calendar year during the term of this Agreement by providing Developer written notice commencing such review. The periodic review shall address only those parts of the Project owned or controlled by Developer. At such periodic reviews, Developer shall demonstrate its good faith compliance with the terms of this Agreement which shall mean that it has acted in a commercially reasonable manner (taking into account circumstances which then exist) and in good faith in attempting to adhere to this Agreement ("standard of review"). Should the City initially determine non-compliance in accordance with this standard of review, then City shall provide Developer with written notice outlining the circumstances of non-compliance and requesting a cure within ninety(90) days or a statement from the Developer invoking an event(s) of force majeure as set forth in Section 7.1. After compliance is achieved, the City shall issue a final written notice to Developer attesting to such final compliance. 7. Permitted Delays, Force Majeure; Supersedure by Subsequent Laws. 7.1 Permitted Delays, Force Majeure. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused from performance of Page 11 of 24 \�iw-fnpOl\data$\uscrs\Robert.HargreavesVvty Dcx:uments�Palm Desert EI Paseo Village DA with LEED redlinc 5-14.doc Error!Unknown document property name. their obligations hereunder during any period of delay caused by acts of mother nature, civil commotion, riots, strikes,picketing,or other labor disputes, shortage of personnel, materials or ,���plies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, any referendum elections held on the Enacting Ordinance, or the Land Use Regulations, or any other regulation affecting the Project or the approvals, permits or other entitlements related thereto, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder (collectively, "Laws"), orders of courts of competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the reasonable control of City or Developer, as applicable. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The time of performance of such obligations shall be extended by the period of any delay hereunder. 7.2 Supersedure of Subsequent Laws or Judicial Action. The provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with any new Law or decision issued by a court of competent jurisdiction (a "Decision"), enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreement. Promptly after enactment of any such new Law, or issuance of such Decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. In addition, Developer and City shall have the right to challenge the new Law or the Decision preventing compliance with the terms of this Page 12 of 24 \\iw-fnp01\data$\users\RobeR.HargreavesUvly Dcxuments�Palm Dcscrt EI Pasco Village DA with LEED rcdlinc 5-14.doc Error:Unknown document properly name. Agreement. In the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect. 8. Events of Default; Remedies; Termination. 8.1 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 7.1 above regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute an event of default hereunder("Event of Default") if such defaulting party does not cure such failure within thirty (30) days following receipt of written notice of default from the other party; provided, however, that if the nature of the default is such that it cannot be cured within such thirty (30) day period, an Event of Default shall not exist so long as the party charged therewith shall have commenced the cure within such thirty (30) day period and shall be diligently pursuing the cure. Any notice of default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner, if any, in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be subject, because of the alleged default of this Agreement, to (i) remedies, including termination, for breach of this Agreement, (ii) institution of legal proceedings with respect thereto, or(iii) suspension, red tag, revocation or withholding of any permit, map, certificate of occupancy, approval or entitlement with respect to the Project. 8.2 Remedies. Upon the occurrence of an Event of Default which has not been cured, the nondefaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Page 13 of 24 \\iw-fnp01\dataS\users\Robert.Hazgrcavcs\My Documents�Palm Ih;scrt El Pasec�Villagc DA with LEED reclline 5-ld.doc Error!Unknown document property name. Agreement or seek mandamus, specific performance, injunctive or declaratory relief, but excluding monetary damages. 8.3 Waiver; Remedies Cumulative. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time not speci�ed in such express waiver. 8.4 Effect of Termination. If Developer terminates this Agreement because of City's default, then Developer shall be entitled to all of the benefits arising out of, or approvals, permits, certificates or other entitlements, on account of, any exactions paid, given or dedicated to, or received by, City prior to the date of termination of this Agreement. Except as otherwise provided in this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of the termination of this Agreement. The parties respective obligations under Sections 5 and 9.4 shall survive termination and be of continuing force and effect despite any such termination of this Agreement. If this Agreement is terminated pursuant to any provision hereof, then the City shall, after such action takes effect, cause an appropriate notice of such action to be recorded in the official records of the County of Riverside. The cost of such recordation shall be borne by the party causing such action. Page 14 of 24 \\iw-fnp01\data5\usersUtobert.Hargreaves\My Documents\Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown dceument property name. 8.5 Third Party Actions. Any court action or proceeding brought by any third party to challenge this Agreement or any permit or approval or entitlement or Land Use Regulation required from City or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party defendant to or real party defendant in interest in such action or proceeding, shall constitute a permitted delay under Section 7.1. 9. Encumbrances on Property. 9.1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property. The City acknowledges that the lenders providing such financing may require certain operating memorandum or modifications to this Agreement, and the City agrees upon request, from time-to-time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for an operating memorandum or modification. City further agrees that it will not unreasonably withhold its consent to any such requested operating memorandum or modification . 9.2 Mort�ge Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the PropeRy or any portion thereof by a mortgagee(whether pursuant to a mortgage foreclosure, trustee's sale, Page 15 of 24 \Uw-fnp01\data$\users�Robert.HargreavesVvty Documents�Palm Desert EI Pas�ro Village DA with LEED reJline 5-14.dcx Error:Unknown document propeAy name. deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement. 9.3 Mortga�ee Not Obli ag ted. Notwithstanding the provisions of Section 9.2, no mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 9.4 Estoppel Certi�cates. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified, or if so amended or modified, identifying such amendments or modifications, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default pursuant to the required written notice described in Section 8.1, list therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees, assignees and lessees of the Developer and the holders of any Mortgage. 10. Transfers and Assignments; Effect of A�reement on Title. 10.1 Ri�hts and Interests Appurtenant. The rights and interests provided through this Agreement to Developer benefit and are appurtenant to the Property. Developer has Page 16 of 24 \\iw-fnp01\data$\users\Robert.HargreavesVvty Dcx;uments\Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown dxument properly name. the right to sell, assign and transfer all or any portion of the Property and any and all of its rights and interests hereunder and to delegate and assign any and all of its duties and obligations hereunder. Such rights and interests hereunder may be sold, transferred or assigned and such duties and obligations may be delegated or assigned. 10.2 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise), assigns, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise} and assigns; (ii) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; (iii) Each covenant to do or refrain from doing some act on the Property hereunder(A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands, and (C) is binding upon each party and each successive owner during its ownership of the Property or any portions thereof, and shall benefit each party and its lands hereunder, and each such other person or entity succeeding to an interest in such lands 11. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt Page 17 of 24 \\iw-fnpOl\data3\users�Robert.Hargreaves\My Documents�Palm Desert EI Pasco Village DA with LEED redline 5-14.doc Error:Unknown dceument ornoertv name. requested, with postage prepaid or nationally recognized overnight courier, to the following addresses: If to City: City Clerk of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 If to Developer: El Paseo Land Company, LLC c/o Davis Street Land Company 622 Davis Street, Suite 200 Evanston, I1160201 Attn: Robert Perlmutter Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt or overnight service (e.g. Fedex) receipt. 12.0 Miscellaneous 12.1 Relationship of Parties. It is understood that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contractor. It is further understood that none of the terms or provisions of this Agreement are intended to or shall be deemed to create a partnership,joint venture or joint enterprise between the parties hereto. 12.2 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project or any portion thereof, to the general public, for the general public, or for any public use Page 18 of 24 \\iw-fnp01\data5\usersUtobert.HargreavesVvfy Documents\Palm Desert EI Paseo Village DA with LEED reciline 5-14.doc Error:Unknown dceument nrmrrfv name_ or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the private purposes herein expressed for the development of the Project as private property. 12.3 Severabilitv. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or would frustrate the purposes of this Agreement. 12.4 Exhibits. The Exhibits, to which reference is made herein, are deemed incorporated into this Agreement in their entirety by reference thereto. 12.5 Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof, including but not limited to the vesting of Project entitlements. Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, resolutions, minutes, ordinances, warranties or representations are superseded in total by this Agreement and Exhibits hereto. 12.6 Governing Law; Construction of Agreement. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the state of California. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties hereunder. The captions preceding the text of each Section, subsection and the Table of Page 19 of 24 \Uw-fnp01\data$\users\Robert.HazgrcavcsVvly Documents\Palm DeseR EI Pasco Village DA with LEED redline 5-14.doc Error!Unknown document nrmorfv nnmw ('ontents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 12.7 Separate Signature Pa�s. For convenience, the signatures of the parties of this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. 12.8 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. 12.9 Prevailing Party's Attorney's Fees and Costs. If any party to this Agreement shall fail to perform any of its obligations hereunder, or if a dispute arises with respect to any provision hereof or the performance of the obligations of any party hereto, the defaulting party or the party not prevailing in such dispute, as the case may be, shall promptly pay any and all costs and expenses (including without limitation, all court costs and reasonable attorneys' fees and expenses) incurred by the other party with respect to such to such dispute or in enforcing or establishing its rights hereunder. 12.10 Further Cooperation. Each party shall cooperate with and provide reasonable assistance to the other party, such as timely execution, filing and recording of any instruments or writings necessary or desirable to carry out the terms of this Agreement. Page 20 of 24 Uiw-fnp0lWata$\users\Robert.HazgreavesVvTy Dcx uments\Palm Dcsert EI Paseo Village DA with LEED redline 5-14.dcx Error!Unknown dceument properly name. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. DEVELOPER: El Paseo Land Company, LLC, a Delaware limited liability company B y: Robert Perlmutter Its: Manager C ITY: CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California B y: . Mayor Attest: , City Clerk Page 21 of 24 \\iw-fnp01\data$\users\Robert.HargreavesUvly Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error:Unknown document properly name. STATE OF ILLINOIS COUNTY OF COOK On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S ignature (Seal) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Page 22 of 24 \\iw-fnp01\dataS\users�Robert.Hargreaves\My Doc;uments�Palm Desert EI Pasco Village DA with LEED redline 5-14.dcx Error!Unknown dacument property name. EXHIBIT "A" DEVELOPMENT PLAN The Project Development Plan represents City approval of demolition of the El Paseo Village shopping center on the Property described on Exhibit "B" and replacement with an approximate 75,000 square foot retail, restaurant and/or office complex and a new one-story parking structure. The Project Development Plan shall include and shall be constructed consistent with the following: 1. The City approved plans by Developer on file with the City. 2. The City approved Precise Plan PP 07-10 and Conditional Use Permits CUP07-18. 3. The City approved Mitigated Negative Declaration prepared in compliance with the California Environmental Quality Act (CEQA). 4. The City Architectural Review Commission approval. 5. The Existing Land Use Regulations except that the following specific development standards shall apply irrespective of any conflict or inconsistency with any existing Land Use Regulation: a. The Project is allowed to encroach into the eastern and western corner lot setback of the "daylight triangle" pursuant to Palm Desert Municipal Code Section 25.25.016. b. The Project is allowed to reach a maximum height of 42 feet. c. The new one-story parking deck at the Project shall be constructed with a minimum of 295 parking spaces. The total number of spaces is allowed to fluctuate thereafter by no more than 5%. d. Tenant improvements are allowed to fluctuate from the Project Development Plan so long as they do not substantially alter the overall aesthetic of the approved Project. Page 23 of 24 \�w-fnp01\data$\usersU2obert.HargrcavesVvty Documcnts�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error:Unknown dceument property name. EXHIBIT "B" LEGAL DESCRIPTION OF DEVELOPMENT PROPERTIES El Paseo Village Shopping Center: LOT 2 OF TRACT NO. 11881, IN THE CITY OF PALM DESERT, AS SHOWN BY MAP ON FILE TN BOOK 99, PAGE(S)48 AND 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND AS RESERVED IN PATENT FROM THE STATE OF CALIFORNIA, RECORDED JULY 17, 1925, IN BOOK 9, PAGE 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Assessors Parcel Number: 627-252-004-4 AND 627-252-005-5 Page 24 of 24 \\iw-fnp01\data$\usersUtobert.HazgreavesVvly Documents\Palm Desert EI Paseo Village DA with LEED redlinc 5-14.doc F,rror!Unknown dceument property name. Recording Requested by And When Recorded Return to: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt from Recorder's Fees Pursuant to Government Code § 6103, 27383 DEVELOPMENT AGREEMENT By and Between the CITY OF PALM DESERT And GARDENS SPE II, LLC Dated: , 2008 Page 1 of 24 5313835�3 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2008,by and between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California(the "City), and Gardens SPE II, LLC, a limited liability company organized and existing under the laws of the State of Delaware ("Developer"), with reference to the following facts, understandings and intentions of the parties: RECITALS: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. B. Government Code Sections 65684 through 65869.5 inclusive (the "Development Agreement Legislation") authorize the City to enter into development agreements in connection with the development of real property within its jurisdiction. Pursuant to the Development Agreement Legislation, on August 11, 1983, the City enacted procedures and requirements for the consideration of development agreements by Ordinance No. 341, as amended on December 7, 1989 by Ordinance No. 589 (collectively, the "Development Agreement Ordinance"). C. Developer is the owner of a legal or equitable interest in the Property and is entitled to have filed the applications for the Project and to enter into this Agreement. The Project consists of the expansion of the Saks Fifth Avenue building and modifications to the existing parking structure, which is projected to increase property and sales tax revenue for the Page 2 of 24 5313835v3 City's general fund and other funds. The Property is located at an important location in the City and the coordinated development of the Project pursuant to this Agreement represents an important and mutually beneficial economic development and land use planning opportunity for the City and Developer. D. The City has determined that the development of the Project as contemplated by this Agreement is consistent with and in furtherance of the goals, policies, objectives, zoning, general land uses and development programs of the City as set forth in the City's General Plan, the Palm Desert Commercial Core Area Specific Plan and Zoning Code. E. The City has determined that entry into this Agreement will further the goals and objectives of the City's land use planning policies by, among other things, encouraging investment in the El Paseo district, providing criteria for the uses, design and development of the Property, including flexibility in land use options which may be altered in order to respond to future economic conditions, eliminating uncertainty in planning, and securing orderly and expeditious processing and development of the Project. The benefits conferred on the City by Developer herein will (i) insure consistent, comprehensive planning which will result in aesthetically pleasing, environmentally harmonious, and economically viable development within the City; (ii) provide for increased and enhanced pedestrian-oriented retail shopping for the City; (iii) provide increased property and sales tax revenue for the City and its Redevelopment Agency; and (iv) further the development objectives of the City in the El Paseo district in an orderly manner, all of which will significantly promote the health, safety and welfare of the residents of the City. In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with the Project without further regulation by City in Page 3 of 24 5313835v3 accordance with the Development Plan attached to this Agreement as Exhibit "A", and at a rate and phasing of its choosing, subject to the terms and conditions contained in this Agreement. F. By adopting this Agreement, the City Council has elected to exercise certain governmental powers at the present time rather than deferring such actions until an undetermined future date and has done so intending to bind the City and the City Council, now and in the future, intending to limit the City's future exercise of certain governmental powers, to the extent permitted by law. G. In order to effectuate the foregoing, the parties desire to enter into this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. Definitions. 1.1 Defined Terms. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 1.2 Agreement. This Development Agreement. 1.3 Buildin� Ordinances. The uniform building codes adopted by the City, of general application throughout the City and not imposed solely with respect to the Property, including, without limitation, the City's building, plumbing, electrical, mechanical, and fire codes. Page 4 of 24 531383.5v3 1.4 City Council. The legislative body of the City of Palm Desert. 1.5 Effective Date. The date on which the Enacting Ordinance becomes legally effective. 1.6 EnactinQ Ordinance. Ordinance , enacted by the City Council on , 2008, approving this Agreement. 1.7 Existin�Land Use Regulations. The City's land use regulations in effect as of the Effective Date, which comprise the ordinances, resolutions, codes, rules, regulations and official policies of the City applicable to the Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions relating to the timing of development, all as applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, Existing Land Use Regulations shall include the City's General Plan, the City's Commercial Core Area Specific Plan, the City's zoning ordinance inclusive of the C-1 zoning standards and scenic preservation overlay standards, the City's subdivision code, the City's redevelopment plans and rules, and the City entitlements and approvals issued for the Project summarized in the Development Plan on Exhibit "A" hereto, including but not limited to the January 8, 2008 Architectural Review Commission approval, the City Council's February 28, 2008 approval of the precise development and parking plans (PP 07-10) and the approval of the Mitigated Negative Declaration prepared for the Project. Existing Land Use Regulations shall exclude the City's Building Ordinances so long as applied generally to structures similar to the Project within the City. Page 5 of 24 5313835v3 1.8 Mort�a�e. A mortgage, deed of trust, sale and leaseback arrangement(in which all or a part of the Property, or an interest in it, is sold and leased back concurrently) or other transactions in which all or a part of the Property, or an interest in it, is pledged as security, contracted in good faith and for fair value. 1.9 Project. The development, associated amenities, and on-site and off-site improvements, as permitted under and described in the Development Plan (attached hereto and incorporated herein by this reference as Exhibit "A"), to be constructed on the Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement. In general, the Project comprises a two-story expansion of the existing Saks Fifth Avenue building in the existing Gardens on El Paseo shopping center and associated modifications to the existing parking structure on the Property. 1.10 Property. The real properties and any improvements thereon which are described in Exhibit "B" attached hereto and incorporated herein by this reference to this Agreement. 2. Term; Amendment. 2.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall terminate on the fifth (Sth) year anniversary date of the Effective Date, unless sooner terminated or extended as hereinafter provided. This Section 2.1 shall have the effect of extending the terms of all other City approvals, permits and entitlements pertaining to the Project so that such terms are co-extensive with the five (5) year term provided herein. 2.2 Amendment. The parties to this Agreement at their sole discretion and by their mutual written consent may from time to time amend the provisions and terms of this Page 6 of 24 5313835v3 Agreement. An amendment to this Agreement is not triggered by adjustments to the Project approved pursuant to the authority and discretion of the City's community development director by the Existing Land Use Regulations. 3. General Development of the Project 3.1 Vested Ri�ht to Develop Project. (a) The Project is defined and described in the Development Plan attached to this Agreement as Exhibit "A". (b) Developer shall immediately upon the Effective Date of this Agreement have the vested right to develop the Project in accordance with the Development Plan and, to the extent not inconsistent with or modified by the Development Plan, the Existing Land Use Regulations. Developer does not have the obligation to develop the Project and may proceed with some or all of the Project at its discretion, at a rate, sequence and phasing of Developer's sole choosing. Developer's right to develop the Property in accordance with this Section 3.1 shall be without regard to future changes or additions to the Existing Land Use Regulations of the City, however enacted, whether by moratorium, initiative and/or referenda of the City or of the voters of the City. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465 that failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the intent of the City and Developer to acknowledge and provide that, notwithstanding anything to the contrary in the Existing Land Use Regulations, Developer shall have the right(without the obligation) to develop the PropeRy in such order and at such rate and at such times as the Developer deems appropriate within the exercise of its sole good faith business judgment in accordance with the Development Plan. Page 7 of 24 5313835v3 (c) No moratorium, inclusive of moratoria contemplated by Government Code Section 65858, shall be effective or applicable to this Property on account of the vested rights provided through this Agreement. 3.2 Future Approvals such as Building Permits and Other Approvals and Permits. Subject to (a) Developer's compliance with this Agreement, the Development Plan, and the Existing Land Use Regulations, and (b) payment of the usual and customary processing fees of general application set forth on a written fee schedule as may then be applicable, the City shall process and issue to Developer promptly upon application thereof all necessary building permits, occupancy certificates, grading, demolition and construction approvals, utility hook-ups and other required permits for the construction, use and occupancy of the Project, or any portion thereof, pursuant to Existing Land Use Regulations. 3.3 Effect of A�reement. This Agreement shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. The parties acknowledge that this Agreement is intended to grant Developer the vested right to develop the Project pursuant to specified and known criteria and rules as set forth in the Development Plan and the Existing Land Use Regulations, and to grant the City and the residents of the City certain bene�ts which they otherwise would not receive. This Agreement shall control over the provisions of other Project approvals, permits, conditions of approval, mitigation measures and entitlements as well as the Existing Land use Regulations. This Agreement shall be binding upon the City and its successors in accordance with and subject to its terms and conditions notwithstanding any subsequent action of the City, whether taken by minute order, ordinance or resolution of the City Council, by referenda, Page 8 of 24 5313835v3 initiative, or otherwise. The parties acknowledge and agree that by entering into this Agreement and relying thereupon, the Developer has obtained, subject to the terms and conditions of this Agreement, a vested right to proceed with, but not the obligation to proceed with, development of the Project in accordance with the Development Plan and the Existing Land Use Regulations. The City has entered into this Agreement in order to secure the public benefits conferred upon it hereunder which are essential to provide for the public health, safety and welfare of the City and its residents, and this Agreement is an essential element in the achievement of those goals. 4. Speci�c Criteria Applicable to Development of the Project. 4.1 Applicable Cit�Regulations. Except as set forth in the Development Plan and subject to the provisions of Section 4.2 below, the Existing Land Use Regulations shall govern the development of the Property hereunder and the issuance of all permits or approvals required to develop the Property; provided, however, that (a) Developer shall be subject to reasonable changes in processing, inspection and plan-check fees, charges imposed by City in connection with the processing of applications for development and construction upon the Property, and development impact fees, at the rates existing at the time of payment, so long as such fees and charges are of general application and are not imposed solely with respect to the Property or Project; and (b) Developer shall abide by the Building Ordinances in effect at the time of each application, 4.2 Amendment to Applicable Regulations. In the event that the Existing Land Use Regulations are amended by the City in a manner which provides more favorable site development standards for the Property or Project or any part thereof than those in effect as of the Effective Date, Developer shall have the right to notify the City in writing of its desire to be subject to all or any such new standards for the remaining term of this Agreement. If City Page 9 of 24 5313R35v3 agrees, by action of the City Planning Director or City Manager, such new standards shall become applicable to the Property or poRions thereof. Should City thereafter amend such new standards, upon the effective date of such amendment, the original new standards shall continue to apply to the Property as provided above, but Developer may notify City in writing of its desire to be subject to all or any such amended new standards and City may agree in the manner above provided to apply such amended new standards to the Property. 5. Project Enhancement. The City and Developer desire to cooperate with each other to secure the following enhancement to the Project to be furnished by Developer, at its sole cost: (a) Developer shall use its best efforts to install and sustain shade landscaping within the existing parking structure on the Property. 6. Periodic Review of Compliance. In accordance with Govt. Code Section 65865.1, the Planning Director or City Manager shall review this Agreement each calendar year during the term of this Agreement by providing Developer written notice commencing such review. The periodic review shall address only those paRs of the Project owned or controlled by Developer. At such periodic reviews, Developer shall demonstrate its good faith compliance with the terms of this Agreement which shall mean that it has acted in a commercially reasonable manner(taking into account circumstances which then exist) and in good faith in attempting to adhere to this Agreement ("standard of review"). Should the City initially determine non-compliance in accordance with this standard of review, then City shall provide Developer with written notice outlining the circumstances of non-compliance and requesting a cure within ninety(90) days or a statement Page 10 of 24 sst3s3s�3 from the Developer invoking an event(s) of force majeure as set forth in Section 7.1. After compliance is achieved, the City shall issue a final written notice to Developer attesting to such final compliance. 7. Permitted Delays, Force Majeure; Supersedure by Subsequent Laws. 7.1 Permitted Delays, Force Majeure. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused from performance of their obligations hereunder during any period of delay caused by acts of mother nature, civil commotion, riots, strikes, picketing, or other labor disputes, shortage of personnel, materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, any referendum elections held on the Enacting Ordinance, or the Land Use Regulations, or any other regulation affecting the Project or the approvals, permits or other entitlements related thereto, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder(collectively, "Laws"), orders of courts of competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the reasonable control of City or Developer, as applicable. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The time of performance of such obligations shall be extended by the period of any delay hereunder. 7.2 Supersedure of Subsequent Laws or Judicial Action. The provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to Page 11 of 24 53I3835v3 comply with any new Law or decision issued by a court of competent jurisdiction (a "Decision"), enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreement. Promptly after enactment of any such new Law, or issuance of such Decision, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. In addition, Developer and City shall have the right to challenge the new Law or the Decision preventing compliance with the terms of this Agreement. In the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect. 8. Events of Default; Remedies; Termination. 8.1 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 7.1 above regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute an event of default hereunder("Event of Default") if such defaulting party does not cure such failure within thirty(30) days following receipt of written notice of default from the other party; provided, however, that if the nature of the default is such that it cannot be cured within such thirty(30) day period, an Event of Default shall not exist so long as the party charged therewith shall have commenced the cure within such thirty (30) day period and shall be diligently pursuing the cure. Any notice of default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner, if any, in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be subject, because of the alleged default of this Agreement, to (i) remedies, including Page 12 of 24 5313835v3 termination, for breach of this Agreement, (ii) institution of legal proceedings with respect thereto, or(iii) suspension, red tag, revocation or withholding of any permit, map, certificate of occupancy, approval or entitlement with respect to the Project. 8.2 Remedies. Upon the occurrence of an Event of Default which has not been cured, the nondefaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement or seek mandamus, specific performance, injunctive or declaratory relief, but excluding monetary damages. 8.3 Waiver; Remedies Cumulative. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time not specified in such express waiver. 8.4 Effect of Termination. If Developer terminates this Agreement because of City's default, then Developer shall be entitled to all of the benefits arising out of, or approvals, permits, certificates or other entitlements, on account of, any exactions paid, given or dedicated to, or received by, City prior to the date of termination of this Agreement. Except as otherwise provided in this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of the termination of this Agreement. The parties respective Page 13 of 24 5313835v3 obligations under Sections 5 and 9.4 shall survive termination and be of continuing force and effect despite any such termination of this Agreement. If this Agreement is terminated pursuant to any provision hereof, then the City shall, after such action takes effect, cause an appropriate notice of such action to be recorded in the official records of the County of Riverside. The cost of such recordation shall be borne by the party causing such action. 8.5 Third PartX Actions. Any court action or proceeding brought by any third party to challenge this Agreement or any permit or approval or entitlement or Land Use Regulation required from City or any other governmental entity for development or construction of all or any poRion of the Project, whether or not Developer is a party defendant to or real party defendant in interest in such action or proceeding, shall constitute a permitted delay under Section 7.1. 9. Encumbrances on Property. 9.1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property. The City acknowledges that the lenders providing such financing may require certain operating memorandum or modifications to this Agreement, and the City agrees upon request, from time-to-time, to meet with Developer and/or representatives of such lenders to negotiate in good faith any such request for an operating memorandum or modification. City Page 14 of 24 5313835v3 further agrees that it will not unreasonably withhold its consent to any such requested operating memorandum or modification . 9.2 Mortga�e Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a mortgagee (whether pursuant to a moRgage foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement. 9.3 Mortga�ee Not Obli at�ed. Notwithstanding the provisions of Section 9.2, no mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 9.4 Estoppel Certificates. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified, or if so amended or modified, identifying such amendments or modifications, and (iii)the requesting party is not in default in the performance of its obligations under this Agreement, or if in default pursuant to the required written notice described in Section 8.1, list therein the nature and amount of any Page 15 of 24 5313R35v3 such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty(30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees, assignees and lessees of the Developer and the holders of any Mortgage. 10. Transfers and Assignments; Effect of A�reement on Title. 10.1 Ri�hts and Interests Appurtenant. The rights and interests provided through this Agreement to Developer benefit and are appurtenant to the Property. Developer has the right to sell, assign and transfer all or any portion of the Property and any and all of its rights and interests hereunder and to delegate and assign any and all of its duties and obligations hereunder. Such rights and interests hereunder may be sold, transferred or assigned and such duties and obligations may be delegated or assigned. 10.2 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise), assigns, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns; (ii) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; Page 16 of 24 5313A35v3 (iii) Each covenant to do or refrain from doing some act on the Property hereunder(A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands, and (C) is binding upon each party and each successive owner during its ownership of the Property or any portions thereof, and shall benefit each party and its lands hereunder, and each such other person or entity succeeding to an interest in such lands 11. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid or nationally recognized overnight courier, to the following addresses: If to City: City Clerk of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 If to Developer: Gardens SPE II, LLC c/o Davis Street Land Company 622 Davis Street, Suite 200 Evanston, Ill 60201 Attn: Robert Perlmutter Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt or overnight service (e.g. Fedex) receipt. 12.0 Miscellaneous Page 17 of 24 5313835v3 12.1 Relationship of Parties. It is understood that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contractor. It is further understood that none of the terms or provisions of this Agreement are intended to or shall be deemed to create a partnership,joint venture or joint enterprise between the parties hereto. 12.2 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the private purposes herein expressed for the development of the Project as private propefty. 12.3 Severabilitv. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or would frustrate the purposes of this Agreement. 12.4 Exhibits. The Exhibits, to which reference is made herein, are deemed incorporated into this Agreement in their entirety by reference thereto. 12.5 Entire A�reement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof, including but not limited to the vesting of Project entitlements. Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, Page 18 of 24 S313835v3 memoranda, agreements, resolutions, minutes, ordinances, warranties or representations are superseded in total by this Agreement and Exhibits hereto. 12.6 Governin� Law; Construction of A�reement. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the state of California. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties hereunder. The captions preceding the text of each Section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 12.7 Separate Si�nature Pa es. For convenience, the signatures of the parties of this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. 12.8 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. 12.9 PrevailingParty's Attorney's Fees and Costs. If any party to this Agreement shall fail to perform any of its obligations hereunder, or if a dispute arises with respect to any provision hereof or the performance of the obligations of any party hereto, the defaulting party or the party not prevailing in such dispute, as the case may be, shall promptly pay any and all costs and expenses (including without limitation, all court costs and reasonable Page 19 of 24 5313835v3 attorneys' fees and expenses) incurred by the other party with respect to such to such dispute or in enforcing or establishing its rights hereunder. 12.10 Further Cooperation. Each party shall cooperate with and provide reasonable assistance to the other party, such as timely execution, filing and recording of any instruments or writings necessary or desirable to carry out the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. DEVELOPER: Gardens SPE II, LLC, a Delaware limited liability company B y: Robert Perlmutter Its: Manager CITY: CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California B y: . Mayor Attest: Page 20 of 24 5313R35v3 , City Clerk 53I3835v3 Page 21 of 24 STATE OF ILLINOIS COUNTY OF COOK On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S ignature (Seal) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S ignature Page 22 of 24 5313835v3 EXHIBIT "A" DEVELOPMENT PLAN The Project Development Plan represents City approval of an approximate 27,000 square foot two-story expansion of the existing Saks Fifth Avenue Building and associated improvements, including without limitation modifications to the existing two-story parking structure, all of which are located at the existing Gardens at El Paseo shopping center on the Property described on Exhibit "B". The Project Development Plan shall include and shall be constructed consistent with the following: 1. The City approved plans by Developer on file with the City. 2. The City approved Precise Plan PP 07-10. 3. The City approved Mitigated Negative Declaration prepared in compliance with the California Environmental Quality Act (CEQA). 4. The City Architectural Review Commission approval. 5. The Existing Land Use Regulations except that the following speci�c development standards shall apply irrespective of any conflict or inconsistency with any existing Land Use Regulation: a. In consideration of the present state of excess parking capacity in the parking structure, and the condition of approval which requires access be granted to the new parking deck at the El Paseo Village project, the Project is allowed to operate below the parking requirements of 1 space for each 250 square feet of net floor area set forth in the Existing Land Use Regulations. After the project is constructed, the total number of spaces is allowed to fluctuate by no more than 2°Io. b. Tenant improvements are allowed to fluctuate from the Project Development Plan so long as they do not substantially alter the overall aesthetic of the approved Project. Page 23 of 24 5313835v3 EXHIBIT "B" LEGAL DESCRIPTION OF DEVELOPMENT PROPERTIES The Gardens on El Paseo Shopping Center: PARCELS 1 AND 2 OF PARCEL MAP NO. 4655, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 42 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, RECORDED JULY 17, 1925 IN BOOK. 9, 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Assessors Parcel Number: 627-261-006-4 Page 24 of 24 5313835v3 � Terra[Vova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment 1 Project title: Gardens Expansion/New El Paseo Village Project 2 CEQA Lead agency name and address: City of Palm Desert 75-510 Fred Waring Drive Palm Desert, CA 92260 3 Contact persons and phone number: City of Palm Desert: Lauri Aylaian; Community Development Director Ryan Stendell; Associate Planner (760) 346-0611 4 Project location: El Paseo Drive Palm Desert, California Riverside County, California 5 Project sponsor's name and address: Steven Divito and Michael Radis Davis Street Land Company 73-545 El Paseo, Suite 2500 Palm Desert, Ca 92260 6. General Plan Designation: (C-C) Community Commercial 7. Zoning: (C-1) 8. 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.) Proposed Action: The proposed project is located in the City of Palm Desert, south of Highway 111, on the south side of El Paseo Drive, between Lupine Lane and Larkspur Lane. The project constitutes a limited expansion of an existing retail center (Gardens on El Paseo) and the total reconstruction of the adjacent commercial center located immediately west of the Gardens, known as El Paseo Village, and herein referred to as the New El Paseo Village. The Palm Desert Zoning Ordinance and Map designate this portion of El Paseo Drive as a pedestrian specialty retail/personal service district, which is intended to encourage pedestrian-oriented uses by providing a mix of service businesses.� The proposed project appears to meet this standard by offering high quality commercial retail, office, and restaurant space that includes pedestrian friendly features in its design. The "Project" includes a two-story expansion of the existing Saks Fifth Avenue building by 27,000 square feet (13,500 sf each floor) at the existing Gardens property. The second component of this application includes the demolition of the existing 35,812 sf cluster of commercial buildings collectively known as "El Paseo Village," which is located on the south side of El Paseo Drive between San Pablo Drive and Lupine Lane. The existing El Paseo Village will be replaced by the New El Paseo Village development, which will consist of 3 two-story service buildings that will contain approximately 70,000 square feet of leasable space at buildout. In addition, the parking lot south of the IVew El Paseo Village will be enhanced to a one-story parking deck above ground level parking. � "Palm Desert Zoning Ordinance,"adopted February 25"', 1999. -1- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA[nitial Study/5.08.08 The Project requires a precise plan approval and a conditional use permit for the restaurants. Special project standards for the street corner lot setback requirements, minimum parking requirements and height maximum requirements that are different from those set forth in the C 1 zone will be approved through Development Agreements between the City and the Applicant. Chronology The proposed Project was recommended for approval by the City Architectural Review Commission on January 8, 2008 and by the Planning Commission on February 5, 2008. The Mitigated Negative Declaration was noticed for public review on January 17, 2008, and received no comments during the 20-day review period. On February 28, 2008 the City Council approved the project with the understanding that Development Agreements (DA) would be prepared in lieu of the requested Variances. The provisions set forth in the DAs memorialize the City's approval of the special project standards and several Project enhancements not related to mitigating potential environmental effects of the Project: The DAs do not change the conclusion of this document in any way or "substantially revise" the MND; therefore, according to CEQA Guidelines Section 15073.5 this document does not need to be recirculated. The DAs are prepared in lieu of the variances and are not required under CEQA, nor do they create significant environmental effects nor are they necessary to mitigate a significant effect. The new information about the DA added to this MND merely clarifies, ampli�es and makes insignificant modifications to the MND based on the form of approval being development agreements instead of variances. None of the provisions of the DA relate to, or trigger, potentially significant environmental effects or are necessary to mitigate previously identified potential effects. Revisions to the Mitigated Negative Declaration pertain exclusively to the DA and are incorporated into the following discussions: Aesthetic Resources, Air Quality, and Transportation and Traf�c. As mentioned, Development Agreements (DA) between the City and the applicant will approve the special project standards. Additional terms of the agreements require the applicant to incorporate the mitigation measures set forth herein and the City's conditions of approval. The following non-mitigation project enhancements requested by the City Council will also be addressed in the DAs: • include preferential parking spaces for hybrid vehicles at or in the vicinity of the golf cart parking at the Gardens parking structure; • attempt to achieve LEED certification in select owner-controlled areas within the new El Paseo Village development; • install shade landscaping within the parking structures at the new El Paseo Village and the existing Gardens on El Paseo; • provide reciprocal parking between the Gardens on El Paseo and the new El Peseo V illage. Saks Fifth Avenue The project proposes a two-story 27,000 square foot (s� expansion of the existing 50,247 sf Saks Fifth Avenue building located within the Gardens development on El Paseo Drive. Currently, the Gardens encompasses 196,639 square feet of gross leasable space. At project completion the -2- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New El Paseo Village/CEQA Initial Study/5.08.08 Gardens gross leasable space will be 223,639 square feet. This will be accomplished through the southerly extension of the south fa�ade of the Saks Fifth Avenue building into the existing parking structure on the south side of the building. Currently the parking structure provides 919 vehicle parking spaces and 58 golf cart spaces, which will be reduced to approximately 887 vehicle spaces once the expansion is complete since expansion of the Saks Fifth Avenue building will result in the loss of parking spaces. Connecting drive lanes will remain on both the lower and upper parking decks. New El Paseo V illa�e The New El Paseo Village component of the Project consists of two phases, which will ultimately result in the demolition of the existing buildings and the construction of three freestanding two- story commercial buildings that will mimic the architectural design of the adjacent Gardens on El Paseo complex located to the immediate east, across San Pablo Avenue. A one-story parking deck above surface level parking will be constructed as part of this redevelopment and will provide approximately 295 total parking spaces. The proposed New El Paseo Village site is currently developed with a collection of one and two-story buildings, walkways, rear parking, which is accessed by steps, and service areas and facilities. The existing development is older, unattractive, and inefficient. Construction of phase one is expected to begin in November of 2008, and will involve the demolition of existing structures and the construction of 2 two-story buildings. Phase one demolition will remove the majority of the existing structures, leaving the 3,678 square foot eastern most structure, which is currently occupied by Roc's Firehouse Grille and Hubbard Enterprises. This lease expires in September of 2011, at which time phase two will commence with demolition of the remaining El Paseo Village building and construction of the third and final New El Paseo Village building. Completion of phase one is expected to occur in the summer of 2009, with businesses operational by October of 2009. Phase two demolition and construction is planned to begin in September of 2011 and will take approximately 6 months to complete. This final phase will include the demolition of the remaining structure and the construction of a two- story restaurant and retail building. If control of the existing retail space occupying the phase II area is prior to November 2008, phase I and phase II development will occur simultaneously. At buildout the New El Paseo Village will consist of 15,734 sf of office space, 36,893 sf of retail, 17,366 sf of indoor restaurant space and 2,841 sf of patio dinning (associated with the indoor restaurant space), and a one-story parking decking above surface level parking with approximately 153 ground level parking spaces and approximately 142 parking spaces on the parking deck (approximately 295 total). The three freestanding two-story buildings will contain retail on the ground level, office space in upper level of the center building, and restaurants on the upper levels of the two end buildings. 9. Surrounding land uses and setting: North: El Paseo Drive and commercial retail and shopping centers. South: Shadow Mountain Drive and residential neighborhoods. West: Commercial Retail and shopping centers. East: Commercial Retail and shopping centers. 10. Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) CVWD, Fire Marshal, Palm Desert Architectural Commission, and Public Works Department. Summary of CEQA Findings: -3- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Paseo Expansion Projecd[Vew EI Paseo Village/CEQA Initial Study/5.08.08 The proposed project, Gardens Expansion/ New EI Paseo Village Project, is expected to have a less than signi�cant impact on potential environmental factors with the implementation of mitigation measures. The environmental factors that have the potential to be impacted by this project without any mitigation measures are aesthetic resources,geology and soils, noise, and traffic and parking. Purpose of this IniNal Study This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report,the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. -4- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Project/New El Paseo Village/CEQA Initial Study/5.08.08 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one im act that is a "Potentially Significant Im act" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Haz. Mat.s Hydrology/Water Qual. Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, �{ there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature (Lauri Aylaian, Community Development Director, Date City of Palm Desert) -5- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Project/New EI Paseo Village/CEQA Initial Study/5.08.08 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-speci�c 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 signi�cant, 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 Signi�cant 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 Signi�cant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level 5) Earlier analyses may be used where, pursuant to the tiring, program EIR or EIS, or other CEQA or NEPA process, an effect has been adequately analyzed in an earlier EIR or EIS or negative declaration or FONSI. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Eazlier 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 -6- 5225632v6 Terca Nova/City of Palm Desert Gardens on El Paseo Expansion Projecd New EI Paseo V illage/CEQA Initial Study/5.08.08 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 state scenic highway? c) Substantially degrade the existing X visual character or quality of the site and its surroundings? d) Create a new source of substantial X light or glare, which would adversely affect day or nighttime views in the area? Sources: Palm Desert General Plan, Palm Desert Zoning Ordinance, and Visual Simulations. Findings oF Fact: The proposed project is not expected to have a significant adverse cumulative effect on visual resources since the proposed project will result in minimal changes from the existing condition. There are no significant trees, rock outcroppings, historic buildings or other significant aesthetic resources on the project site and the proposed project will not create a new or intensified source of light or glare during the day or at night. Gardens on El Paseo/Saks Expansion The existing Saks Fifth Avenue building and its adjoining parking lot structure are the predominant features in this area. The expansion will be a modest addition to the existing structure and will utilize space that is currently occupied by the existing parking structure, which appears to have been constructed to facilitate the proposed expansion and certain landscape enhancements to increase shade opportunities on the top of the parking structure will be attempted by the applicant. While some of the viewsheds surrounding the Saks Fifth Avenue Building may be modestly altered, the project will not impact any scenic resources nor will it have a significant effect on the views along Shadow Mountain Drive from which the building will appear to be a single story (see Appendix A for Saks Visual Simulations). In order to determine how viewshed will be impacted as a result of this project, visual impact analyses were conducted for the Saks Fifth Avenue building expansion. The analyses initially consisted of the taking of photographs at four locations surrounding the proposed project, and the super-imposition of the corresponding portion of the proposed building expansion. Two views were taken from Shadow Mountain both east and west of the expansion site, and the third was taken from the condominium project located immediately west of the proposed expansion. A fourth viewshed was prepared to further assess potential impacts from Shadow Mountain Drive near Larkspur Lane. (Please see the attached viewshed analyses located in appendix A of this document.) -7- 5225632v6 Terra Nova/City of Palm Dcsert Gardens on El Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 New El Paseo Village The New El Paseo Village portion of the Project will include the demolition of the existing structures and the construction of a two-story mixed-commercial complex providing retail, restaurant, office space, and an adjoining one-story parking deck above surface level parking with 295 parking spaces. The existing structures (El Paseo Village) on this site occur along the south side of El Paseo Drive and present a somewhat incoherent mix of storefronts, elevations and sidewalk connections. The proposed New El Paseo Village provides a varied but unified series of elevations that incorporate design elements and color used at the existing Gardens on El Paseo retail center. The project also continues the streetscape treatment along the parkway and includes a series of planters along the building as well as incorporates designated areas for the display of artwork. LEED certification of certain owner-controlled areas will be attempted by the developer. The existing structures are two-stories and effectively cut off views for the pedestrian and driving public along El Paseo Drive, and from adjoining residential development located to the immediate south. The proposed project will not change this characteristic of the existing site. Development will result in the construction of a one-story parking deck above the existing surface level parking lot. Construction of the parking deck will require modifications to the existing surface level parking lot including lowering the level of the parking lot through excavation. The lowering of the parking lot will also address the grade differences across the site from north to south. Parking deck design incorporates parapets and screening that will limit light and glare from vehicles maneuvering within the parking deck structure. In addition, substantial landscaping is planned for the parking lot and one-story deck, particularly along the south fa�ade. Landscaping design will provide an aesthetically pleasing barrier between the parking deck and nearby residences. The project design includes the use of planters and may include the use of trellises and hanging baskets, as well as irrigation and in-ground landscaping to enhance the visual character of the proposed building. The landscape and irrigation design shall assure that all landscape treatments remain healthy throughout the year. In order to demonstrate the parking deck design and potential impacts to views from nearby residences, visual simulations were conducted for the New El Paseo Village parking deck. Although development of the one-story parking deck above surface parking will somewhat alter current views, implementation of mitigation measures and incorporation of design features will reduce the level of impact to less than significant. Visual simulations for the New El Paseo Village parking deck can be seen in Appendix B of this document. As currently designed, the south wall of the parking deck is 12.5 feet higher than the tennis courts within the residential complex immediately south of the proposed project. Every effort was made to reduce at grade level of the surface level lot and associated parking deck. Current design connects the north end of parking deck with the second level of the proposed New El Paseo Village buildings. Based upon the existing conditions and the assessment of the project's potential effects on aesthetic resources, the proposed project only slightly alters the existing conditions, and will provide needed improvements to an underutilized and obsolete commercial center in this important retail district. Development of the one-story parking deck above surface level parking will provide additional parking for the El Paseo Shopping District. Implementation of the following mitigation measures will ensure that any potential impacts to visual resources are reduced to less than signi�cant levels. -s- 5225632v6 Terca Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Pasco Village/CEQA[nitial Study/5.08.08 Mitigation Measures Service Areas 1. Prior to the issuance of a grading permit for the New El Paseo Village component, the City shall review and approve the final locations of service areas, electrical transformers and other service areas serving both project components. Landscaping 1. Prior to the issuance of grading permits, a final landscape plan shall be prepared that assures that the design conforms to the City's landscape ordinance and guidelines, including the use of native and other drought-tolerant landscape materials to the greatest extent practicable. 2. The landscaping barrier immediately south of the New El Paseo V illage parking deck shall incorporate the use of climbing or trainable vines on the south fa�ade of the parking deck wall, and layering of smaller shrubs and bushes in the foreground to further enhance the depth of the landscaping barrier. Li htin 1. Parking deck and pedestrian area lighting shall utilize the lowest levels of illumination practicable, while adequately addressing safety and defensible space. Landscape lighting shall be shielded to direct and limit areas of illumination to the subject property. Lighting plans shall be provided with landscape plans. 2. Exterior building and other security lighting shall be integral to the building architecture and/or landscape plan, shall avoid excessive lighting levels and direct illumination downward to protect adjoining properties and night skies. New El Paseo Village Parkin� 1. The parking deck shall be lowered to the greatest extent practicable in order to limit the impact to viewsheds from nearby by residences. 2. To further reduce impacts to viewsheds from nearby residences, the slope of the parking deck shall be limited to the greatest extent practicable. Mitigation Monitoring and Reporting A. The City Public Works and Community Development Departments shall provide �nal review of final architectural designs, grading plans and landscape plans, as well as required lighting plans. Said plans shall be approved prior to issuance of grading permits. -9- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New El Paseo V illage/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Signiticant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the ro'ect: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farniland), as shown on the maps prepazed pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agri- X cultural use, or a Williamson Act contract? c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Sources: Site plan, Palm Desert General Plan, and California Farmland Mapping and Monitoring Program. Findings of Fact: Agricultural activities are not known or suspected of having taken place within the site. The subject property is located in an urban environment surrounded by commercial and residential land uses, and does not present any potential impacts to agricultural resources in the area. The project will have no impact on agricultural resources since it does not include the conversion of farmland, conflict with existing zoning for agricultural use, or result in the loss of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The proposed project is not currently in agriculture production, nor are there Williamson Act contracts on the subject property. Development of the proposed Gardens Expansion/ New El Paseo Village Project will not impact agricultural resources, and therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -to- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Paseo Expansion Projecd New El Pasco Village/CEQA Initial Study/5.08.08 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 implement- X ation 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 X net increase of any criteria pollutant for which the project region is non-attain- ment under an applicable federal or state ambient air quality standard (including re-leasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? Sources: Project development plans, Palm Desert General Plan and Environmental Impact Report, South Coast Air Quality Management District EIR Handbook, 2003 Coachella Valley State � Implementation Plan for PMIo, Draft Final 2007 Air Quality Management Plan, and Traffic Impact & Parking Demand Analysis Report. Findings of Fact: The two primary pollutants of concern in the Coachella Valley are particulate matter (PMi�) and ozone (03). The Coachella Valley has a history of exceeding regulatory ozone standards, although the number of days and months the Federal one-hour standard has dropped steadily over the past decade. The Coachella Valley is classified as a "severe-17" ozone non-attainment area under the Federal Clean Air Act.2 Ozone (03) is formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent, colorless, toxic gas, and a common component of photochemical smog. Although also produced within the Coachella Valley, most ozone pollutants are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high ozone concentrations in the valley. 2 "2007 Air Quality Management Plan,"prepared by South Coast Air Quality Management District,2007. -11- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New El Paseo Village/CEQA Initial Study/5.08.08 South Coast Air Quality Management District (SCAQMD), in conjunction with Coachella Valley Association of Governments (CVAG), Riverside County and local jurisdictions, prepared the "2003 Coachella Valley PMio State Implementation Plan," which includes PMIo control program enhancements and requests an extension of the region's PM10 attainment date. The Coachella Valley is in a severe non-attainment area for PMio and is subject to the 2003 SIP and local dust control regulations and guidelines. A State Implementation Plan that addresses how Southern California will meet federal standards for finer particulate matter(PM2,5) must be adopted and sent to the EPA by April of 2008. Particulate Matter (PM�o and PM2,5� consists of fine suspended particles of ten microns or smaller in diameter, which are byproducts of road dust, sand, diesel soot, wind storms and the abrasion of tires and brakes. PMio or smaller is one of the most prevalent forms of pollution in the Coachella Valley and is associated with land disturbance and strong desert winds. Fine particulate matter poses a significant threat to public health. The elderly, children, and adults with pre-existing respiratory or cardiovascular disease are most susceptible to the effects of PMio. More than half the smallest suspended particles can be inhaled and deposited in the lungs, resulting in permanent lung damage.3 Elevated PM�o levels are also associated with an increase in respiratory infections and occurrences of asthma attacks. In the near-term, potential impacts to air quality from the proposed development may result from site grading and associated construction activities. In addition to 03, PMio and PM2.5, there are other pollutants of concern for which air quality standards have been developed. An assessment of potential pollutant emissions associated with the proposed Gardens Expansion/ New El Paseo Village Project was conducted, and the impacts of construction, as well as operational impacts associated traffic and stationary sources from electricity and natural gas consumption were determined to be less than significant. Findings from this assessment are shown in the tables below. Table-1 lists State and Federal air quality standards. Table 1 State and Federal Ambient Air Quality Standards State Standards Federal Standards Pollutant Averaging Time Concentration Averaging Time Concentration Ozone (03) 1 hour 0.09 ppm 1 hour 0.12 ppm 8 hour 0.07 ppm 8 hour 0.08 ppm Carbon Monoxide 1 hour 20.0 ppm 1 hour 35.0 ppm 8 hours 9.0 ppm 8 hours 9.0 ppm Nitrogen Dioxide 1 hour 0.25 ppm AAM 0.05 ppm Sulfur Dioxide 1 hour 0.25 ppm AAM 0.03 ppm 24 hours 0.04 ppm 24 hours 0.14 ppm Suspended Particulate Matter(PMio) 24 hours 50 mg/m3 24 hours 150mg/m3 AGM 30 mg/m3 AAM SOmg/m3 Notes: ppm= parts per million; mg/m = micrograms per cubic meter of air AAM =Annual Arithmetic Mean ; AGM = Annual Geometric Mean Source: California Air Resources Board, 2005 3 "2007 Air Quality Management Plan,"prepared by South Coast Air Quality Management District,2007. -I 2- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Pasco Expansion ProjecU New EI Paseo V illage/CEQA Initial Study/5.08.08 Gradin� and Construction Related Emissions The proposed project will result in the disturbance of approximately 3.42 acres, which includes the Saks Fifth Avenue expansion and 2.82 acres for the New El Paseo Village site. A disturbance area of this size has the potential to generate approximately 90.288 pounds of dust per day (see Table 2 below). In order to limit impacts from dust that may be generated during construction of the project, impacted areas, which are not expected to exceed 3.42 acres, will be watered continuously. This and other mitigation measures are discussed in further detail below. Table 2 Calculations of Fugitive Dust Potential Unmitigated Condition Total Area to be Total Potential Excavated/Disturbed Factor Dust Generation 3.42 ±acres 26.4-1bs./day/acre 90.2881bs./day Source:Table A9-9,"CEQA Air Quality Handbook,"prepared by South Coast Air Quality Management District,April 1993. Table 3 summarizes emissions from grading equipment and workers vehicle trips. Grading operations may begin in the fall of 2008; therefore emission factors for diesel powered grading equipment are based on California Air Resource Board's 2008 scenario numbers. Table 3 Grading Emissions Summary (Pounds per Day) CO ROG NOx SOx PM10 PM2.5 CO2 *Equipment Emissions 37.48 10.42 94.55 0.09 4.26 3.79 8,724.20 Workers' Vehicle Emissions 1.62 0.20 1.24 0.00 0.05 0.04 190.95 Total Grading Emissions 39.11 10.62 95.79 0.09 4.31 3.83 8,915.15 SCAQNID Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 55.00 N/A Source: EMFAC 2007 (Version 2.3) Emissions Factors for On-Road Passenger Vehicles & Delivery Trucks. Passenger Vehicles are < 8500 Ibs, and Delivery Trucks are > 85W Ibs. Total trips for worker are 125°Ic of grading equipment pieces. Grading activities are expected to begin in 2008.Passenger vehicle trips and delivery truck trips are each 50°Ic of total daily trips. *SCAB F7eet Average Emission Factors (Diesel): Scenario Year 2008.For all equipment the composite factor was used. For Equipment Emissions PM2.5 is 89°Ic of PM10, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM)l0 and PM2.5 Significance Thresholds,October 2006." PM10 accounts for all particulate matter less than 10 microns in diameter. Table 4 summarizes emissions from construction equipment and worker vehicle trips to and from the construction site. In addition, off gassing from the laying of asphalt and the architectural coating are included. -13- 5225632v6 Terra IVova/Ciry of Palm Desert Gardens on EI Paseo Expansion ProjecU New EI Paseo Village/CEQA Initial Study15.08.08 Table 4 Construction Emissions Summary (Pounds per Day) CO ROG NOx SOx PM10 PM2.5 CO2 Equipment Emissions 21.15 12.83 64.99 0.06 3.37 3.00 5,747.71 Workers Vehicle Emissions 1.30 0.16 0.99 0.00 0.04 0.03 152.76 Asphalt Paving Emissions - 1.31 - - - - - Architectural Coatings - 55.5 - - - - - Total Construction Emissions 22.45 69.81 65.98 0.06 3.41 3.03 5,900.46 SCAQMD Thresholds 550.00 75.00 100.00 150.00 150.00 55.00 N/A of SigniFcance Source: Equipment Emissions: EMFAC 2007(Version 23)SCAB Fleet Average Emission Factors(Diesel) for 2008. Assumes 8 hours of operation per day. *PM2.5 is 89% of PM 10, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM) ]0 and PM 2.5 Significance Thresholds, October 2006." PM10 accounts for all particulate matter less than 10 microns in diameter. Workers Vehicle Emissions: EMFAC 2007 (Version 2.3) Emissions Factors for On-Road Passenger Vehicles &Delivery Trucks.Passenger Vehicles are<8500 lbs,and Delivery Trucks are>8500 lbs. Total trips for worker are 125°l0 of grading equipment pieces. Grading activities are expected to begin in 2008. Passenger vehicle trips and Delivery truck trips are each 50% of total daily trips. Asphalt Paving: URBEMIS2002 Users'Guide Version 7.4 May 2003. Architectural Coating: Estimated maximum area that could be coated in one day during construction activities. As indicated by the above tables, unmitigated grading and construction activities are expected to be well below the SCAQMD daily emission threshold for all pollutants. It should be noted that these impacts are short-term and will occur over a limited period of time and then will end. Site preparation, grading, and construction activities will result in less than significant emissions and will consist of demolition and removal of existing commercial buildings on the New El Paseo Village site, and the removal of the portion of the Gardens parking structure that will make way for the Salcs Fifth Avenue building expansion. Subsequent activities will include grading, delivery of concrete and other building materials, and building construction. With proper grading and site development controls, the construction phase of the project is not expected to expose residents to dangerous levels of pollutants. Therefore, the Gardens Expansion/New El Paseo Village Project is not expected to result in significant adverse impacts to local or regional air quality. -14- 5225632v6 Tcrra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Operational Buildout Emissions Operation of the Gardens Expansion/ New El Paseo Village project, including stationary and moving source emissions is expected to be well below the SCAQMD threshold for all pollutants of concern. The summary table for operational emissions at project buildout can be seen below in Table 5. Appendix C contains detailed tables for all data given within the summary table. Emissions from stationary sources, electricity (power plants) and natural gas, are projected to result in less than signi�cant impacts to air quality resources. The annual electricity consumption for the project is estimated at nearly 1.9 million kilowatt-hours (Table AQ-10; Appendix C). This amount of energy generated by a power plant will result in the emission of the specified pollutants in Table 5. Natural gas consumption for the Gardens Expansion/ New El Paseo Village Project is estimated at 3.6 million cubic feet per year (see Table AQ-12; Appendix C). Table 5 shows the amount of emissions of various pollutants that may result from the consumption of 3.6 million cubic feet of natural gas per year. (Table AQ-13; Appendix C shows the detailed emissions from natural gas consumption.) At buildout the Gardens Expansion/ New El Paseo Village Project is expected to generate an average of 2,536 additional vehicle trips per day with an average trip length of 7 miles. Estimated moving exhaust emissions associated with this number of trips is detailed in Table AQ-14 of Appendix C, and shows that none of the daily thresholds are expected to be exceeded. Emission levels for all pollutants are well below the SCAQMD thresholds of significance. Therefore, moving exhaust emissions that may be generated as a result of the Gardens Expansion/ New El Paseo Village Project are expected to be less than significant. Table 5 Summary of Operational Emissions (Pounds per Day) Moving Stationary Source Total SCAQMD Source Emissions Emissions Anticipated Threshold Power Nat. Gas Emissions Criteria* Plants Consumption (Lbs./day) (lbs./day) (lbs./day) Carbon Monoxide 1.04 0.20 171.94 173.17 550.0 Reactive Organic Gases 0.05 0.05 17.62 17.72 55.0 Nitrogen Oxides 5.97 1.18 17.84 24.99 55.0 Sulfur Oxides 0.62 0.00 0.19 0.81 150.0 Particulates 0.21 0.00 2.48 2.69 150.0 Carbon Dioxide N/A N/A 19,483.78 N/A N/A *Threshold criteria offered by the South Coast Air Quality Management District for assistance in determining the significance of air quality impacts.Source: "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,April 1993,Revised January 2(xK. -15- 5225632v6 Terra Nova/City of Palm Desert ' Gardens on El Paseo Expansion Projecd New Ei Paseo V illagc/CEQA Initial Study/5.08.08 LEED Certification Efforts and Prefened Parkin f�or Hybrids As set forth in one of the Development Agreements, the new El Paseo Village is being designed to standards that may help it to attain LEED certification for certain owner-controlled areas. Parking facilities associated with the new El Paseo Village project will incorporate preferred parking spaces for hybrid vehicles. Although not necessary as mitigation measures, these items will benefit the local environment. Climate Change The regulatory environment for dealing with climate change is just beginning to take shape. Currently, there are very few established and agreed upon standards for quantifying greenhouse gas emissions and thresholds for determining level of significance. However, AB 32 establishes a comprehensive program of regulatory and economically viable mechanisms to achieve quantifiable and cost effective reduction of greenhouse gases, and designates the Air Resources Board as the responsible agency for developing appropriate regulations that include monitoring and tracking greenhouse gas emissions 4 Therefore, it is expected that within a relatively short period regulations and thresholds will be developed that allow for accurate and feasible ways to quantify project specific emissions, which can then be properly assessed in CEQA documents. The primary goal of AB 32 is to require a reduction in global warming emissions to 1990 levels by the year 2020. In order to accomplish this goal, the bill establishes a statewide emissions cap that will be phased in beginning in 2012. The Berkeley Energy and Resources (BEAR) model analyzed eight policies and determined that implementing them would achieve almost half of the emissions standards for 2020 emissions goa1.5 There are a number of additional policies that have not been thoroughly analyzed, but are expected to provide viable options for further reducing greenhouse gas emissions. Air quality has become an increasing concern because of human health issues, and because air pollutants are thought to be contributing to global warming and climate change. Air pollution is a chemical, physical or biological process that modifies the characteristics of the atmosphere. The primary contributor to air pollution is burning fossil fuels through the use of automobiles, power and heat generators, and industrial processes. The byproduct from the combustion of fossil fuels can contain a number air polluting substances. These emissions are responsible for the poor air quality that is evident in industrial centers worldwide, and may be responsible for global warming trends. Some air polluting agents are also greenhouse gases such as carbon dioxide (COZ), methane (CH4), nitrous oxide (N20), and fluorinated gases (hydrolflourocardons, perflourocarbons, and sulfur hexafluoride), which are released into the atmosphere through natural processes and human activities. These gases are termed greenhouse gases due to their shared characteristic of trapping heat, and may be responsible for the global average increase in surface temperatures of 1.0-1.7 °F that were observed during the 20th century. The quantity of greenhouse gases in the atmosphere has increased drastically over a relatively short period. For example, by 2005 the concentration of COz in the atmosphere had increased by 36%, methane by 148%, and nitrous oxide by 18°Io since pre-industrial times.6 a "AB 32: Global Warming Solutions Act"prepared by Fabian Nunez and Fran Pavlev,adopted September 27,2006. 5 "Managing Greenhouse Gas Emission in California,"prepared by the California Climate Change Center at UC Berkeley, January 2006. 6 U.S.Environmental Protection Agency,Climate Change.Retrieved on October 1 1`�2007 from <http://epa.gov/cl imatechange/index.html> -I 6- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New EI Paseo V illage/CEQA Initial Study/5.08.08 Carbon dioxide is the primary greenhouse gas that is stimulating concern due to current and projected levels and the highly correlated temperature regression curve that has been observed and is predicted to rise as carbon dioxide levels rise. Currently, carbon dioxide concentrations in the atmosphere are around 370 parts per million (ppm). Comparatively, prior to the Industrial Revolution, about 250 years ago, COZ levels were 278 ppm, and over the past 650,000 years carbon dioxide levels have fluctuated between 180 and 300 ppm.� There is much debate over what the effects of climate change will be, but there is a general consensus that emissions need to be reduced in order to limit air pollution and minimize the amount of carbon dioxide, methane, and nitrous oxide that is released. Carbon dioxide levels are currently around 370 ppm but are projected to increase to at least 540 ppm and maybe as much as 970 ppm by the year 2100.g Currently, there are limited incentives for reducing emission and few laws that require reductions, however some regulations have been adopted. Reducing emissions is necessary in order to limit the extent of global warming that will occur as a result of increased levels of carbon dioxide and other greenhouse gases, but it is also important to reduce emissions in order to maintain a certain degree of air quality in which humans are not exposed to harmful agents. Miti�ation Measures for reducing Impacts to Climate Chan� The project shall comply with local, state, and federal regulations regarding applicable air quality/pollution and climate change. Greenhouse gas inventories may be required to quantify the amount of greenhouse gases emitted for a specific land use designation over a specific period of time. Recommendations for reducing global warming and air pollution are discussed below: l. Promotion and facilitation of alternative energy and conservation programs such as district energy, landfill gas co-generation, water conservation, heat recovery systems, street lighting, and employee energy efficiency programs; 2. Implementation of smog control measures that discourage such activities as the use of single occupancy vehicles and high energy- consumption vehicles and appliances, and that promotes walking, cycling and the use of public transit, transportation demand management and use of alternative fuels and alternative fuel vehicles (hybrids, biodiesel, ethanol, etc); 3. Control of non-source emissions such as wood combustion and road dust; 4. Promotion of Green Buildings and alignment of associated regulatory and design considerations. This will include development of an internal policy to achieve LEED status for municipal buildings, then extension and promotion of this standard to the community, in concert with other levels of government; 5. Creation of a Better Buildings Partnership to promote and provide financial incentives for industrial, commercial and institutional bodies to reduce their building energy use; 7 "Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change,"prepared by B.Metz,O.R. Davidson,P.R Bosch,et al. 2007. 8 "Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change,"prepared by B. Metz,O.R. Davidson,P.R Bosch,et al. 2007. -17- 5225632v6 Terra Nova/City of Palm Desert • Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 6. Implementation of sustainable land use planning and community greening by encouraging mixed use development, community energy planning, maintenance of forest cover and use of best management practices for natural areas, green spaces and agricultural lands; 7. On-going review of municipal regulations and their role in creating a sustainable community, including advocacy for the incorporation of sustainability principles into the National Building Codes. Cumulative Impacts The proposed project will have very limited cumulative impacts, which will result in minimal contribution to local and regional air quality as a result of construction. Although the project is expected to increase patronage slightly, it will not be growth inducing and will not lead to a permanent increase in population to the area. Increased patronage has the potential to impact air quality, but based on the Air Quality analysis including the above tables, impacts aze not expected to have a significant adverse effect on local or regional air quality. The project will not be a significant contributor to greenhouse gas emissions and impacts associated with climate change are expected to be less than signi�cant. Mitigation Measures As noted above, the City of Palm Desert and the Coachella Valley are a severe non-attainment area for PMIo (particulates of 10 microns or less). The 2003 PMio Plan adopted much stricter measures than were previously imposed for the control of dust to be implemented during the site grading and development phase. These measures will be integrated into construction management for the proposed project. These include the control measures cited below under mitigation and monitoring. A variety of mitigation measures are available to and will be required by the City and/or other regulatory agencies as a paR of the grading permit, which must include a detailed dust control plan conforming to the City's dust control ordinance. In addition, the following Best Control Measures (BCMs) are described below and shall be applied as deemed appropriate by the City Building Department. Control Measures BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, and track-out control. BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, and revegetation. BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, and revegetation. BCM-4 Paved Road Dust: Minimal track-out, stabilization of unpaved road shoulders, and clean streets maintenance. The proposed project has the potential to generate dust during construction. Under high winds and uncontrolled conditions, grading could result in the generation of up to 90.29 pounds per day for a limited period. The bulk of the grading will occur during the first few weeks of project development. The grading contractor will be required to submit a PM�o Management Plan prior to initiation of grading. The grading plan shall provide for the most efficient management of cut and fill activities; an estimated 8,400 cubic yards of cut is anticipated. In addition, the potential impacts associated with PM�o can be mitigated by the following measures: -18- 5225632v6 Terra lVova/Ciry of Palm Desert Gardens on EI Paseo Expansion Projecd New El Paseo Village/CEQA tnitial Study/5.08.08 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on- site power generation. 3. Construction personnel shall be informed of ride sharing opportunities. 4. Imported fill and exported excess cut shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 5. Any portion of the project to be graded shall be pre-watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 7. Any area which will remain unpaved or otherwise stabilized for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction-related dirt on approach routes to and from the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2003 PMio Management Plan. 12. Grading and development permits shall be reviewed and conditioned to require the provision of all reasonably available methods and technologies to assure the minimal emissions of pollutants from the development. The City Community Development and Building Departments shall review grading plan applications to ensure compliance with the mitigation measures set forth in this document and as otherwise conditioned by the City. 13. As part of the City's Grading Permit process, the applicant shall concurrently submit a dust control plan consistent with the City's Air Quality Management Plan. Mitigation measures to be implemented through this plan include but are not limited to the use of water trucks and temporary irrigation systems, post-grading soil stabilization, phased roadway paving, as well as other measures which will effectively limit fugitive dust emissions resulting from construction or other site disturbance. 14. The City and developer shall encourage effective design and implementation of transportation management programs for commercial employees, which may include coordinated carpooling, off- peak shift times, employee flex time and other components. -I 9- 5225632v6 Terra Nova/City of Palm Desert ' Gardens on EI Paseo Expansion Projecd New El Paseo V illage/CEQA Initial Study/5.08.08 15. Prior to commencement of grubbing, grading or any other site disturbing construction activities at the site, the developer shall notify the City and SCAQMD at least 24-hours prior to initiating earth- movement activities. 16. Earth-moving operations at the site shall require pre-grading watering and the on-going application of water via irrigation system andlor water truck to assure appropriate soil moisture and preclude signi�cant dust generation Mitigation Monitoring and Reporting A. Prior to the issuance of grading permits, the City Public Works Department shall require, review and approve a detailed dust management plan consistent with the project grading plan. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of these mitigation measures will ensure that impacts associated with PMio are mitigated to a less than signi�cant level. -20- 52?5632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New El Paseo V illage/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Signi�cant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on X federally protected wetlands as de�ned by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? � Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? -2l- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New EI Paseo Village/CEQA Initial Study/5.08.08 Sources: Palm Desert General Plan and Environmental Impact Report, Riverside County General Plan and Environmental Impact Report, and Coachella Valley Multiple Species Habitat Conservation Plan. Findings of Fact: The subject property is located in an urban environment surrounded by commercial and residential land uses, and does not support habitat for sensitive species. There have not been any sensitive or special status species identified onsite and none are expected to inhabit the subject property or adjacent properties. No trees or other assemblages of vegetation with significant habitat value currently exist onsite. The project boundary and vicinity does not contain any riparian or wetlands habitat, and it does not serve as a migratory corridor or nursery site. The proposed project will result in temporary and permanent disturbance to land that has already been significantly impacted and does not serve as viable habitat for species. Therefore, development of the project will not impact sensitive species of plants, or animals, or natural communities and no mitigation measures will be required. Mitigation Measures None required Mitigation Monitoring and Report None required -22- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the ro'ect: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including X those interred outside of formal cemeteries? Sources: Palm Desert General Plan and Environmental Impact Report, Riverside County General Plan and Environmental Impact Report. Findings of Fact: Cultural resources are generally defined as those resources of traditional, cultural, religious, or historic importance to Indian tribes, other socio-cultural groups, or to the American people in general. They include, but are not limited to, archeological,historical, and traditional cultural historic districts, sites, buildings, structures, landscapes, or objects. The proposed project will not impact any known paleontological resource or culturally significant geological features. No cultural resources have been identified within or adjacent to the project area, and there is no evidence to indicate that cultural resources exist onsite. The Gardens Expansion/ New El Paseo Village Project will result in temporary and permanent disturbance to land that has already been significantly impacted. Development is not expected to disturb any known cultural resources; therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -23- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New El Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Sign�cant Significant w/ Signiticant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to poten- X tial substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Sources: Palm Desert General Plan and Environmental Impact Report. -24- 5225632v6 Tcrra Nova/City of Palm Dcsert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Findings of Fact The project site is located approximately 7 miles from the seismically active San Andreas Fault. The site is not located within an Alquist Priolo Fault Hazard Study Zone and no active faulting is expected to occur on site or in the project vicinity. The site, as with the rest of the City, has the potential to be subject to significant ground movement and shaking in the event of a major earthquake on the San Andreas Fault Zone. Structures, fill, and manufactured slopes associated with this project will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for the site's seismic zone. Compliance with the Uniform Building Code will ensure that potential impacts from ground shaking are reduced to less than significant levels. The geotechnical aspects of the subject property are such that they are expected o provide for a stable building foundation and with the use of current building code standards any potential geotechnical hazards will be reduced to less than signi�cant levels. The potential for liquefaction is considered to be low, given the distance from active faults, existing soils conditions and the depth to groundwater, which is in excess of 300 feet. Although the site is located within an area that is considered to have a high susceptibility to seismically induced settlement, compliance with the Unified Building Code will minimize impacts in the event of that ground shaking were to occur. The potential for slope failure is considered minimal with appropriate design engineering and construction of the proposed retaining wall along the south boundary of the New El Paseo Village site. Soils Erosion: Although the site is located in an area that is considered to have a sever wind erosion hazard, the subject property and vicinity have been urbanized and no natural blowsand areas remain. Therefore the Gardens Expansion/ New El Paseo V illage Project will not impact any existing blowsand areas. During grading and construction the site may be subjected to temporary wind erosion. Since strong winds are common within the subject area, appropriate measures will be taken to ensure that during construction potential soil erosion from wind will be kept to a minimum. The air quality discussion includes analysis that quantifies the potential level of impact and outlines mitigation measures that will reduce impacts associated with soil erosion from wind to less than significant levels. -25- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Pasco Expansion Project/New EI Paseo Village/CEQA Initial Study/5.08.08 Mitigation Measures Mitigation measures specific to the Gardens Expansion/ New El Paseo Village Project are discussed below. Further elaboration of ineasures may be required concurrent with detailed project engineering. 1. Clearing and Grubbing: All surfaces to receive �11 shall be cleared of roots, vegetation, debris, and other unsuitable materials. Soils that are disturbed due to removal of surface vegetation and debris shall be replaced as controlled compact fill under the direction of the project soils engineer. 2. Preparation of Fill Areas: All fill areas shall be properly processed and recompacted. Fill areas shall be scarified and watered as prescribed. 3. Placement of Compacted Fill: Fill consisting of on-site or approved imported soils shall be spread in thin lifts and compacted at near optimum moisture content to a minimum of 90% relative compaction. 4. Finish cut slopes shall not be inclined steeper than 2:1 (horizontal to vertical). All cut slopes shall be inspected during grading to provide additional recommendations for safe construction. 5. Prior to the initiation of grading or construction, a final grading plan and associated engineering report addressing dust control, retaining wall engineering details and other design analysis, shall be submitted to the Public Works Department for review and approval. Mitigation Monitoring and Reporting A. Prior to the issuance of grading permits, the applicant shall submit a final grading and drainage plan, which shall include information on any planned on-site catchments and or storage facilities, demolition and dust control plan, details on cut and fill, location of staging areas, haul routes and other details. Responsible Agency: Public Works, Building and Safety, and Planning Departments. B. Prior to the issuance of grading permits, the applicant shall submit engineering drawings detailing the design and construction of the retaining wall proposed along the project's south boundary. Responsible Agency: Public Works, Building and Safety, and Planning Departments. -26- 5225632v6 Terra Nova/City of Palm DeseR Gardens on El Pasco Expansion Projecd New El Paseo Villagc/CEQA initial Study/5.08.08 Potentially Less Than Less Than No Signi�cant Significant w/ Signi�cant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the ro'ect: a) Create a significant hazard to the public or X the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the pub-lic or X the environment through reason-ably foreseeable upset and accident con-ditions involving the release of hazard-ous materials into the environment? c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a X list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a signi�cant hazard to the public or the environment? e) For a project located within an airport land X use plan or, where such a plan has not been adopted> within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the area? � For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X interfere with an adopted emergency response or evacuation plan? h) Expose people or structures to a significant X risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? -27- 5225632v6 Terra[Vova/City of Palm Desert Gardens on El Paseo Expansion ProjecU New EI Paseo V illage/CEQA Initial Study/5.08.08 Sources: Palm Desert General Plan and Environmental Impact Report. Findings of Fact During the demolition phase of this project, there will be a substantial potential for the generation of dust associated with routine but temporary transport of construction materials from the site. The demolition process will be regulated through permit conditions to be imposed by the City. No significant hazardous or toxic materials are expected to be generated by this demolition phase. Based on a review of the properties within the site vicinity and the data made available during this assessment, there is expected to be a very low likelihood that contaminants from offsite properties have migrated to the subject site and impacted the underlying soil and/or groundwater. Based on the findings of this assessment, soil and/or groundwater investigations to assess the possible presence of hazardous materials at the subject site are not considered warranted. No additional hazardous materials studies are recommended for the site. The project will not make a cumulatively significant contribution to the generation or release of hazardous or toxic materials. Neither will it have cumulative effects on emergency response capabilities, or contribute to an increased wildland fire hazard. Mitigation Measures No mitigation measures are required. Mitigation Monitoring and Reporting No specific monitoring or reporting required. -28- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Pasco Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the ro'ect: a) Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (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 ermits have been ranted)? c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner resulting in substantial erosion/siltation on- or off-site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? � Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard X area structures, which would impede or redirect flood flows? -29- 522S632v6 Terra Nova/City of Palm Desert Gardens on El Pasco Expansion Projecd New El Paseo V illage/CEQA lnitial Study/5.08.08 Sources: Gardens on El Paseo Hydrology Report, City Public Works Department, and Palm Desert General Plan and Environmental Impact Report. Findings of Fact: The proposed project will result in an expansion and redevelopment of lands within and adjacent to the existing Gardens on El Paseo retail center, but will not result in the generation of contaminated urban runoff or otherwise compromise local or regional water quality. NPDES permit requirements will be imposed by the City, as appropriate. The project is not expected to generate a significant need for additional water resources. The project will result in an intensification of land use but most of this is associated with low water-demand uses such as office and commercial retail. The substantially more efficient landscape palette is expected to be comprised of native desert and other drought-tolerant materials and should also limit water demand. The proposed project will meet the requirements of the City's water-conserving landscaping ordinance. The project will not interfere with groundwater recharge, and the project will not violate any water quality standards or waste discharge requirements. The project's long-term demand for water resources is expected to be less than significant, and the implementation of water conservation standards will reduce potential impacts to less than significant levels. Flooding and Hydrology9 The proposed Gardens Expansion/ New EI Paseo Village Project is not expected to have a signi�cant effect on the local stormwater management system or significantly increase site runoff. Stormwater runoff onsite will be collected in drop inlets and conveyed to the street drain on El Paseo Drive via an underground storm drain system, which has been sized to manage the 10-year storm event at "open flow" conditions. The total peak runoff for the proposed project is expected to generate 1.41 cfs and 2.48 cfs more than the existing conditions for a 10-year and 100-year storm event respectively. The project will not make a cumulatively significant contribution to stormwater runoff or have a significant adverse effect on local or regional flood control capabilities. The project will not have a significant adverse effect on local or regional ground water. The hydrology report can be viewed in Appendix E of this document. Mitigation Measures l. The final development plans shall provide details on stormwater management. The applicant shall also submit a final landscape plan and plant palette for the project, which shall comply with the City Landscape Ordinance, incorporating native and other drought-tolerant plant materials to the greatest extent practicable. No invasive plants, as identified by the City and/or the Coachella Valley Mountains Conservancy, shall be permitted. Mitigation Monitoring and Reporting A. Prior to the issuance of grading permits, detailed stormwater management and landscaping plans and palettes shall be reviewed and approved by the City. Responsible Agencies: Public Works Department, and Community Development Department. 9 "Hydrology Report for the Gardens on El Paseo,"prepared by EKN Engineering,Inc.,September 15,2007. -30- 5225632v6 Tcrra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New EI Paseo Villagc/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? Sources: Palm Desert General Plan, and Palm Desert Zoning Ordinance. Findings of Fact: The proposed project is well suited for the location and is consistent with the land use as delineated in the City's General Plan and Zoning Ordinance. The proposed project will not physically divide an established community. The proposed project does not conflict with any applicable land use plan, policy, or regulation including the General Plan, any Specific Plan or the City of Palm Desert Zoning Ordinance. The Gardens Expansion/ New El Paseo Village will have no adverse impacts to land use and planning. The proposed project will facilitate the interconnectivity of existing commercial development in the vicinity by following similar design and instituting a shared parking arrangement between the two properties. The proposed project will enhance rather than adversely impact surrounding land uses. The project is not located within a Conservation Area and is not affected by the implementation of the Coachella Valley Multiple Species habitat Conservation Plan. The proposed project will not make a significant cumulative contribution to land use incompatibilities, and no mitigation measures are required. Mitigation Measures No mitigation measures required. Mitigation Monitoring and Reporting No mitigation monitoring or reporting required. -31- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Project/New El Paseo V illage/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Significant w/ 5ignificant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a X locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Sources: Palm Desert General Plan and Environmental Impact Report, and Riverside County General Plan and Environmental Impact Report. Findings of Fact: Aggregate resources in the Coachella Valley were evaluated by the California Department of Conservation, Division of Mines and Geology (DMG), now known as the California Geological Survey, (CGS) in a 1988 report entitled, "Aggre�ate Land Classification: Aggregate Materials in the Palm Springs Production-Consumption Region." ° The proposed project site is located within an urban area where extensive development has occurred and is not considered a viable source for mineral resources. The proposed project will not impact an identified mineral resource area. The project is located adjacent to existing and approved land uses that would be incompatible with mineral extraction operations. The proposed project will have a less than significant cumulative effect on mineral resources; therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. 10 "Mineral Land Classification: Aggregate Materials in the Palm Springs Production-Consumption Region,"prepared by the California Department of Conservation Division of Mines and Geology, 1988. -32- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Paseo Expansion Projecb New EI Paseo Village/CEQA[nitial Study/5.08.08 Potentially Less Than Less Than No Signi�cant Significant w/ Signi�cant Impact Impact Mitigation Impact XI.NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? � For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Sources: Project Description and site survey, Palm Desert Noise Control Ordinance, and "Traf�c Impact & Parking Demand Analysis Report, The Gardens on El Paseo, Palm Desert, California," prepared by Linscott, Law & Greenspan, Engineers, on June 29, 2007. -33- 5225632v6 Terra Nova/City of Palm Desert Gardens on Ei Paseo Expansion Projecd New El Paseo V illagei CEQA Initial Study/5.08.08 Findings of Fact: The proposed Saks Fifth Avenue expansion site is currently a portion of a lazger deck connecting second-level parking to the east and west. The existing El Paseo Village property currently includes the same mix of uses as are planned for the proposed expansion project. The post-construction expansion of the Saks Fifth Avenue building is expected to have no impact on the existing noise environment. The New El Paseo Village component will be a new and enlarged version of the current land use, and will include two restaurants that provide outdoor terrace dining oriented towards El Paseo Drive. Restaurants are proposed to be sited at the corners of Lupine Lane and El Paseo, and San Pablo and El Paseo. Service areas remain on the south side of the buildings and the north side of the parking deck, which is accessed from drives located on San Pablo and Lupine Lane. Construction Noise The construction of the project will generate temporary but occasionally intrusive noise levels from building demolition and parking structure disassembly, site grading and excavation, material deliveries, and other construction equipment and activities. An existing multi-family neighborhood is located across Shadow Mountain Drive and south of the Saks expansion site. Condominium units and associated outdoor recreation areas are located to the immediate south of the New El Paseo Village site. Homes are considered sensitive receptors to noise, and the construction at the site could have a negative, if limited and temporary, impact on nearby residences. Construction activities are regulated by City ordinance and limited to the least sensitive times of the day. Operational Noise Operational noise associated with the day-to-day business activities at the Saks Fifth Avenue expansion and the New El Paseo Village sites are expected to be very limited, with the most pronounced source of noise expected to be traf�c noise at levels comparable to existing conditions. Development plans indicate that no additional roof area will need to be dedicated to HVAC equipment for the proposed Saks Fifth Avenue expansion. The New El Paseo Village will use roof-mounted HVAC equipment, which will be acoustically and visually screened by a parapet and architectural screens. Music is expected to be piped onto the aforementioned restaurant terraces and buildout conditions are represented by the applicant as being comparable to similarly situated restaurants at the existing Gardens development; these potential impacts are expected to be mitigated by design and are considered to be less than significant. No other sources of operational stationary noise are expected to result from the project. Noise Regulation and Impact Summary The City has established community-wide noise standards that emphasize the value of an acceptable noise environment and are intended to regulate excessive noise from existing uses and associated activities. They are also meant to serve as a guide for identifying other pertinent noise regulations so as to direct the location of potential noise generators and sensitive land uses. The regulations for noise measurement and monitoring, as well as special provisions and exemptions, are set forth in the City's Noise Control Ordinance as part of the Palm Desert Municipal Code.l l By conforming to the City Noise Ordinance the project is expected to have a less than significant near-term, operational and long-term cumulative effect on the noise environment of the area. The following measures are recommended to assure that noise impacts are kept at less than significant levels. i i "Noise Element the City of Palm Desert Draft General Plan,"prepared by City of Palm Desert and Terra Nova Planning &Research,Inc.,2003. -34- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Mitigation Measures In order to assure the limitation of potential noise impacts from the proposed development, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating on the project shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located as far away from existing homes and other sensitive receptors as possible. 3. Construction activities shall be limited to the hours prescribed in the City Noise Ordinance. 4. With the issuance of grading and building permits, stockpiling and vehicle staging areas shall be located as far as practicable from homes and other noise sensitive receptors during construction activities. 5. To the greatest extent practicable, HVAC equipment shall be acoustically and architecturally screened to buffer associated mechanical noise from nearby residences. 6. Outdoor music levels shall conform to the City Noise Ordinance. Mitigation Monitoring and Reporting A. The City shall review the project grading and development plans and assure that stationary noise sources, as well as equipment maintenance and staging areas sources are located sufficiently away from existing residences. City inspectors, as well as the grading and general contractors, shall regularly monitor construction operations and associated noise generation near residences. Operational noise issues will be mitigated on a case-by-case basis, if and when they arise. Responsible Agencies: Palm Desert Building and Safety Department, Palm Desert Planning Department, and the City Engineer. -35- 5225632v6 Tena Nova/City of Palm Desert " Gardens on EI Paseo Expansion Projecd New El Pasco Village/CEQA Initial Study/5.08.08 Potentially Less Thau Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII.POPULATION AND HOUSING —Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly(for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? Sources: Project description, and Palm Desert General Plan and Draft Environmental Impact Report. Findings of Fact: The proposed project is consistent with the General Plan Land Use Element and associated designations for the property. The proposed project will not have a direct effect on the loss or construction of housing or on changes in population in the City or area. The project will result in a modest increase in retails sales and other commercial space in the El Paseo shopping district, and will not signi�cantly induce growth or displace an existing community. Limited additional job opportunities may be provided beyond those under existing conditions. The project will not have any direct or indirect significant effect on housing or population, nor on growth-inducement or the displacement of an existing community. Therefore, no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -36- 5225632v6 Terra Nova/City of Palm Desert Gardcns on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Sign�cant Signi�cant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perform- ance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Sources: Palm Desert General Plan and Environmental Impact Report. Findings of Fact: The proposed project will result in a modest increase in retail and other commercial space. Existing fire and police protective services are expected to be sufficient to meet the needs of the propose development. School impact fees for the net increase in commercial space will be paid to the Desert Sand Unified School District prior to the issuance of building permits. The project is not expected to generate any additional demand for parks or recreational facilities. Buildout of the Gardens Expansion/ New El Paseo Village Project is not expected to have a significant adverse impact on public services or facilities. Cumulative Impacts The proposed project will result in a modest increase in retail and other commercial space, and is not expected to generate any cumulatively significant impacts to public services or facilities, and no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -37- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Significant w/ Signi�cant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Sources: Project description, and Palm Desert General Plan and Draft Environmental Impact Report. Findings of Fact: Development of the proposed project will have no direct, indirect or cumulatively significant adverse impacts on area parks, recreational facilities or trails. The project will not directly increase household formation in the City, so no additional demand for park facilities is expected as a result of the proposed project. There is no reason that project development will cause added use of park facilities, therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -38- 5225632v6 Terra Nova/City of Palm Dcscrt Gardens on EI Paseo Expansion Project/New EI Paseo Village/CEQA Initial Study/S.OA.O8 Potentially Less Than Less Than No Significant Signi�cant w/ Signiticant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic, which is X substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? fl Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, X or programs supporting alternative transportation(e.g., bus turnouts, bicycle racks)? Sources: Palm Desert Zoning Ordinance, Palm Desert General Plan and EIR, and "Traffic Impact & Parking Demand Analysis Report, The Gardens on El Paseo, Palm Desert, California," prepared by Linscott, Law & Greenspan, Engineers, on October 16, 2007. -39- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Findings of Fact: The proposed Gardens Expansion/ New El Paseo Village Project will not result in elevated traffic flows, but it will create an additional parking demand. The subject project is not expected to generate additional traffic beyond the estimated 1% per year overall increase in traffic that is anticipated within the City of Palm Desert. With the consideration o� efficiencies gained from shared parking, continued availability of on-street parking, optimized parking facilities with the option for valet services, and the pedestrian oriented nature of the El Paseo district, existing and proposed parking facilities are expected to be more than suf�cient to meet additional parking demands. Traf�c A traffic impact analysis was prepared for this project in order to consider the potential impacts associated with additional retail, office, and restaurant space within the existing Gardens on El Paseo area.12 Trip generation estimates, shown in Table 5-2 of the Traffic and Parking Study, include the total trips generated for all aspects of the Gardens Expansion!New El Paseo Village Project and estimate that a maximum addition of 2,536 average daily trips will result from the project's development. The traffic study found that most area intersections, both signalized and unsignalized, currently (2007) operate at Level of Service (LOS)13 C or above; however, 2 of the 14 intersections studied operated at a LOS D or E depending on the time and day. LOS D is generally considered the minimum satisfactory level in urban environments. Therefore, 13 of the 14 intersections analyzed currently operate at acceptable levels of service. The intersection of San Pablo Avenue and Highway 111 currently operates at LOS E during Saturday midday peak traffic flows. According to the traffic study, development of the project will not impact traffic flows in the area. Table 6-1 from the Traffic Study shows that there is no difference in level of service between the projected conditions without the project and what is projected with the proposed development. The majority of the traffic impacts to project area intersections are the result of current and future growth in background traffic, which will occur separate from and independent of the traffic that may be generated as a result of the proposed project. Therefore, potential traffic related impacts as a result of this project are considered to be less than significant. No consideration has been made for public or mass transit, which has the potential of providing substantial reductions in the number of trips generated by the proposed commercial shopping center. Trip generation may also be overstated in consideration of the pedestrian-oriented nature of the Gardens on El Paseo Shopping District as a whole, which encourages park-and-walk shopping and thereby reduces the trips generated per unit of commercial space. The synergistic mix of land uses proposed may also serve to reduce the number of trips generated by the Gardens Expansion/ New El Paseo Village Project. i2 "Traffic Impact&Parking Demand Analysis Report,The Gardens on El Paseo,Palm Desert,California,"prepared by Linscott,Law&Greenspan,Engineers,on October 16,2007. �3 The"Level of Service"(LOS) is a qualitative measurement,which describes operational conditions within a traffic stream and considers speed,vavel time,driving comfort,safety and traffic interruptions.LOS is described as a range of alphabetical connotations,"A"through"F,"which are used to characterize roadway operating conditions.LOS A represents the best,free flow conditions,and LOS F indicates the worst conditions,delays,and system failure. -40- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion ProjecU New EI Pasco Village/CEQA Initial Study/5.08.08 Parkin� The existing parking supply at the Gardens on El Paseo and El Paseo Village consists of 1,123 spaces, including 919 vehicle spaces and 58 golf cart spaces in The Gardens' parking structure, and 146 spaces in the existing El Paseo Village parking lot. The Traffic and Parking study included a parking survey to determine the peak total demand for The Gardens' parking structure, and concluded that there is an existing parking surplus of 191 spaces in this facility. Upon buildout, the proposed Gardens Expansion/ New El Paseo Village Project will result in a total parking supply of 1,232 spaces consisting of 887 vehicle spaces and 50 golf cart spaces in The Gardens' parking structure, and 295 parking spaces in the proposed New El Paseo Village parking deck. Therefore, 1,182 vehicle parking spaces and 50 golf cart spaces will be provided at buildout. In order to determine parking availability for the proposed project, a parking analysis was conducted. Due to the mix of uses proposed and the associated varying peak parking periods that these uses generate, the Shared Parking methodology from Urban Land Institute (ULI) was used to analyze parking supply at buildout. The details of this analysis can be found in the Traffic and Parking Report in Appendix D of this document. The Shared Parking analysis determined that peak demand across all uses at the Gardens and New El Paseo Village development would require a total of 1,110 parking spaces. At buildout, the project will provide a total of 1,182 parking spaces, which yields a 72 vehicle parking space surplus at peak demand. The Shared Parking methodology is a conservative estimate and when considered in conjunction with the pedestrian friendly district, the availability of on-street parking, and the free shuttle service, it is reasonable to expect that the 1,182 parking spaces will be more than sufficient to meet the parking demand for the existing Gardens on El Paseo retail center and the proposed Gardens Expansion/ New El Paseo Village Project. It should be noted that the proposed supply of 1,182 parking spaces does not consider the on-street parking that is provided along El Paseo Drive, Lupine Lane, San Pablo Avenue, and San Luis Rey. Also the Shopper Hopper, a free trolley, offers shuttle service to the El Paseo Shopping District and surrounding shopping centers, and may further reduce the parking demand on-site. Finally, the pedestrian oriented nature of the El Paseo district is not accounted for in the shared parking analysis, and may further reduce the expected parking demand due to walk-in customers. Access to parking at the Gardens on El Paseo project will remain as currently provided. The two proposed access drives that will serve the New El Paseo Village parking deck will be located slightly south of their current locations, which will accommodate the additional stacking that may result from increased patronage. In accordance with those provisions set forth in the Development Agreements, the proposed project will assure reciprocal parking between the existing Gardens on El Paseo Parking Structure and the proposed parking deck associated with the new El Paseo Village as well as allow a variance from the City's customary 1 space per each 250 square feet of net floor area. As set forth above, the Project provides more than suf�cient parking to meet expected demand. -41- 5225632v6 Terra Nova/City of Palm Desert Gardcns on EI Paseo Expansion ProjecU New EI Paseo V illage/CEQA Initial Study/5.08.08 Mitigation Measures The implementation of the following mitigation measures will assure that impacts related to traffic and parking are less than significant. 1. Work within the public right-of-way shall require an approved encroachment permit from the City Public Works Department. 2. The developer shall pay appropriate Transportation Uniform Mitigation Fees (TUMF) in accordance with the prevailing impacts fee. 3. A reciprocal parking agreement or other covenant shall be established to assure that the reciprocal parking arrangement between the Gardens and New El Paseo Village properties is maintained for the life of these developments. 4. Prior to recordation of the Final Plan, the City Building and Safety Department and Engineering/Public Works Department shall ensure that clear unobstructed sight distances have been provided at all intersections abutting the project boundaries. Mitigation Monitoring and Reporting A. The project proponent shall pay Transportation Uniform Mitigation Fees (TUMF) and other transportation improvement fees required by the City of Palm Desert for the net additional commercial space resulting from the project's development. . Responsible Parties: Project Proponent, and City of Palm Desert. -42- 5225632v6 Terra Nova/City of Palm Desert Gazdens on EI Paseo Expansion Projecd lVew EI Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Signi�cant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? � Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, & local X solid waste statutes and regulations? Sources: Palm Desert General Plan and Draft Environmental Impact Report. -43- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo V illage/CEQA Initial Study/5.08.08 Findings of Fact: Domestic water and sanitary sewer services are provided to the site by CVWD, which has facilities in the project vicinity with adequate existing capacity to fully serve the site. Demolition of the existing commercial buildings, El Paseo Village, will result in a one-time increase is solid waste generated at the site. The project will generate a modest and less than significant increase in demand for utilities and municipal service systems. The Proposed Action will not have a cumulatively significant impact on public services or facilities being delivered to the area, therefore no mitigation measures are required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -44- 5225632v6 Terra Nova/City of Palm Desert Gardens on EI Paseo Expansion Projecd New EI Paseo Village/CEQA Initial Study/5.08.08 Potentially Less Than Less Than No Significant Signiticant w/ Signi�cant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANC� -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a�sh or wildlife species, cause a�sh or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future ro'ects)? d) Does the project have environmental X effects, which will cause substantial adverse effects on human bcings, either directly or indirectly? Sources: Project Description, and Palm Desert General Plan and Draft Environmental Impact Report. Findings of Fact: The proposed project does not have the potential to significantly degrade the quality of the environment. The project will not have a significant impact on sensitive wildlife or habitat, or impact important historic or cultural resources. By intensifying the use of the subject property, the project enhances the use of limited land and other resources in a more efficient manner. No significant cumulative impacts have been found to be associated with this project, and no mitigation is required. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -45- 5225632v6 Terra Nova/City of Palm Desert Gardens on El Paseo Expansion Projecd New EI Paseo V illage/CEQA Initial Study/5.08.08 Technical Appendices Prepared for this Environmental Assessment A. Computer-based visual simulations of Proposed Saks Expansion, prepared by VisionScape Imagery, Inc., September 2007. B. Computer-based visual simulations of Proposed New El Paseo Village parking deck, prepared by VisionScape Imagery, Inc., Januazy 2008. C. "Air Quality Analysis for the Gardens Expansion/ New El Paseo Village Project," prepared by Terra Nova Planning and Research Inc.,January 10`�, 2008. D. "Traffic Impact & Parking Demand Analysis Report, The Gazdens on El Paseo, Palm Desert, California," prepared by Linscott, Law & Greenspan, Engineers, on June 29, 2007. E. "Hydrology Report for the Gardens on El Paseo," prepared by EKN Engineering, Inc., September 15, 2007. Sources: A. "Traffic Impact & Parking Demand Analysis Report, The Gardens on El Paseo, Palm Desert, California," prepared by Linscott, Law & Greenspan, Engineers, on June 29, 2007. B. Computer-based visual simulations of Proposed Saks Expansion and New El Paseo Village, prepared by V isionScape Imagery, Inc., September 2007. C. "Palm Desert Comprehensive General Plan," prepared by General Plan Advisory Committee Community, Development Department City of Palm Desert and Terra Nova Planning and Research, Inc., adopted March 15, 2004. D. "Palm Desert Comprehensive General Plan Draft Environmental Impact Report," prepared by Terra Nova Planning and Research, Inc., September 2003. E. "Palm Desert Zoning Ordinance," adopted February 25, 1999. F. "CEQA Air Quality Handbook," prepared by the South Coast Air Quality Management District, April 1993. G. "2003 Coachella Valley PMio State Implementation Plan," prepared by Julia C. Lester, Ph.D., and Laki Tisopulos, Ph.D., August 1, 2003. H. "Final 2007 Air Quality Management Plan," prepared by South Coast Air Quality Management District, et al., adopted May 2007. I. "Riverside County General Plan" prepared by County of Riverside Transportation and Land Management Agency, adopted October 2003. J. "Riverside County General Plan Draft Environmental Impact Report," prepared by County of Riverside Transportation and Land Management Agency, adopted October 2003. -46- 5225632v6 � Garden Expansion/ New El Paso Village Table AQ-1 State and Federal Ambient Air Quality Standards State Standards Federal Standards Pollutant Averaging Time Concentration Averaging Time Concentration Ozone 1 hour 0.09 ppm 1 hour 0.12 ppm 8 hour 0.07 ppm 8 hour 0.08 ppm Carbon Monoxide 1 hour 20.0 ppm 1 hour 35.0 ppm 8 hours 9.0 ppm 8 hours 9.0 ppm Nitrogen Dioxide 1 hour 0.25 ppm AAM 0.053 ppm Sulfur Dioxide 1 hour 0.25 ppm AAM 0.03 ppm 24 hours 0.04 ppm 24 hours 0.14 ppm Suspended 24 hours 50 µg/m� 24 hours 150µg/m3 Particulate Matter AGM 30µg/m3 AAM SOµg/m� (PMio) Notes: ppm=parts per million;µg/m;=micrograms per cubic meter of air AAM=Annual Arithmetic Mean;AGM=Annual Geomeuic Mean Source: California Air Resources Board,2(x)5 Page 1 of 15 Garden Expansion/New El Paso Village ` Table AQ-2 Projected Grading Equipment Emissions (Pounds per Day) # Equipment Pieces CO ROG NOx SOx PMIo *PMi,s CO2 Off-Highway Trucks 1 6.8 2.2 21.8 0.0 0.8 0.7 2081.0 Scraper 1 11.4 2.8 25.8 0.0 1.1 1.0 2100.0 Tractor/ Loader 1 3.3 1.0 6.2 0.0 0.5 0.4 534.5 Grader 1 5.2 1.5 13.0 0.0 0.7 0.6 1061.9 Miscellaneous 3 10.8 2.9 27.8 0.0 1.2 1.1 2946.8 Totals 37.5 10.4 94.5 0.1 4.3 3.8 8,724.20 Source: SCAB F7eet Average Emission Factors (Diesel): Scenario Year 2008. For all equipment the composite factor was used. *PM�.S is 89% of PM,o, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM),o and PMz.S Significance Thresholds, October 2006." PM�o accounts for all particulate matter less than 10 microns in diameter. EMFAC 2007 (Version 2.3) SCAB Fleet Average Emission Factors (Diesel) for 2008 Lbs er hour CO ROG NOx SOx PMIo PM2.� CO2 Off-Highway Trucks 0.85 0.27 2.73 0.40 0.10 260.1 Scraper 1.42 0.35 3.23 0.00 0.14 262.5 Tractors/Loaders 0.41 0.12 0.77 0.00 0.06 66.8 Grader 0.66 0.19 1.62 0.00 0.08 132.7 Miscellaneous 0.45 0.12 1.16 0.00 0.05 122.8 Lbs er da CO ROG NOx SOx PMIo PM2.5 CO2 Off-Highway Trucks 6.80 2.18 21.81 0.02 0.79 2,081.0 Scraper 11.38 2.80 25.81 0.02 1.11 2,100.0 Tractors/Loaders 3.25 0.95 6.20 0.01 0.48 534.5 Grader 5.25 1.55 12.95 0.01 0.67 1,061.9 Miscellaneous 3.60 0.97 9.26 0.01 0.40 982.3 Page 2 of 15 Garden Expansion/ New El Paso Village Table AQ-3 Worker Trips Moving Exhaust Emissions for Grading (pounds per day in 2008) Total No. Vehicle Average Mile Total Trips/Day per Trip Miles 10 X 10 = 100 Pollutant lbs CO ROG NOx SOx PM10 PM2.5 CO2 Passenger Vehicle 0.53 0.05 0.06 0.00 0.00 0.00 54.98 Delivery Truck 1.10 0.15 1.19 0.00 0.04 0.04 135.97 Total 1.62 0.20 1.24 0.0018 0.0471 0.0396 190.95 Source: EIvff�'AC 2007 (Version 2.3) Emissions Factors for On-Road Passenger Vehicles & Delivery Trucks. Passenger Vehicles are < 8500 Ibs, and Delivery Trucks are > 850() Ibs. Total trips for worker are 125% of grading equipment pieces. Grading activities are expected to begin in 2008. Passenger vehicle trips and Delivery vuck trips are each 50%of total daily trips. EMFAC2007 Version 2.3 Scenario Year 2008 -- Model Years 1965 to 2008 Pollutant CO ROG NOX SOX PM 10 PM2.5 CO2 Passenger Vehicle 0.01055 0.00108 0.00110 0.00001 0.00009 0.00005 1.09953 Delivery Truck 0.02195 0.00299 0.02371 0.00003 0.00086 0.00074 2.71943 Page 3 of 15 Garden Expansion/New El Paso Village • Table AQ-4 Grading Emissions Summary (Pounds per Day) CO ROG NOx SOx PM10 PM2.5 CO2 *Equipment Emissions 37.48 10.42 94.55 0.09 4.26 3.79 8,724.20 Workers' Vehicle Emissions 1.62 0.20 1.24 0.00 0.05 0.04 190.95 Total Grading Emissions 39.11 10.62 95.79 0.09 4.31 3.83 8,915.15 SCAQIVID Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 55.00 N/A Source: EMFAC 2007 (Version 2.3) Emissions Factors for On-Road Passenger Vehicles & Delivery Trucks. Passenger Vehicles are < 8500 ibs, and Delivery Trucks are > 8500 Ibs. Total trips for worker are l25% of grading equipment pieces. Grading activities are expected to begin in 2008. Passenger vehicle trips and delivery truck trips are each 50°Ic of total daily trips. *SCAB F1eet Average Emission Factors(Diesel): Scenario Year 2008. For all equipment the composite factor was used. For Equipment Emissions PM2.5 is 89°Ic of PM l0, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM)10 and PM2.5 Significance Thresholds,October 2W6." PM 10 accounts for all particulate matter less than l0 microns in diameter. Page 4 of 15 Garden Expansion/New El Paso Village Table AQ-5 Construction Equipment Projected Emission (Pounds per Day) Equipment pieces CO ROG NOx SOx PM10 PM2.5 CO2 Off-Highway Truck 1 6.80 2.18 21.81 0.02 0.79 0.70 2�081.03 Roller 1 1.06 3.47 6.89 0.01 0.48 0.43 536.42 Tractor/Loader 1 3.25 0.96 6.20 0.01 0.48 0.43 534.45 Grader 1 5.25 1.55 12.95 0.01 0.67 0.60 1,061.95 Paving Equipment 1 1.18 3.69 7.89 0.01 0.55 0.49 551.60 Miscellaneous 1 3.60 0.97 9.26 0.01 0.40 0.36 982.25 Totals 21.15 12.83 64.99 0.06 3.37 3.00 5,747.71 Source: EMFAC 2007 (Version 2.3) SCAB Fleet Average Emission Factors (Diesel) for 2008. Assumes 8 hours of operation per day. *PM2.5 is 89% of PM10, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM)10 and PM 2.5 Significance Thresholds, October 2006." PM 10 accounts for all particulate matter less than 10 microns in diameter. EMFAC 2007 (Version 2.3) SCAB Fleet Average Emission Factors (Diesel) for 2008 Lb per hour CO ROG NOx SOx PM10 PM2.5 CO2 Off-Highway Trucks 0.8499 0.2730 2.7256 0.0027 0.0989 260.13 Roller 0.1328 0.4341 0.8607 0.0008 0.0601 67.05 Tractors/Loaders 0.4063 0.1204 0.7746 0.0008 0.0599 66.81 Grader 0.6561 0.1936 1.6191 0.0015 0.0840 132.74 Paving Equipment 0.1479 0.4616 0.9857 0.0008 0.0681 68.95 Miscellaneous 0.4504 0.1215 1.1575 0.0013 O.OSU3 122.78 Lbs per day CO ROG NOx SOx PM10 PM2.5 CO2 Off-Highway Trucks 6.80 2.18 21.81 0.02 0.79 2,081.03 Roller 1.06 3.47 6.89 0.01 0.48 536.42 Tractors/Loaders 3.25 0.96 6.20 0.01 0.48 534.45 Motor Grader 5.25 1.55 12.95 0.01 0.67 1,061.95 Paving Equipment 1.18 3.69 7.89 0.01 0.55 551.60 Miscellaneous 3.60 0.97 9.26 0.01 0.40 982.25 Page 5 of 15 Garden Expansion/ New El Paso Village Table AQ-6 Worker Trips Moving Exhaust Emission for Construction (Pounds per Day) Total No. Vehicle Average Mile Total Miles Trips/Day per Trip per Day 8 X 10 = 80 Pollutant lbs CO ROG NOx SOx PM10 PM2.5 CO2 Passenger Vehicle 0.42 0.04 0.04 0.00 0.00 0.00 43.98 Delivery Truck 0.88 0.12 0.95 0.00 0.03 0.03 108.78 Total 1.30 0.16 0.99 0.00 0.04 0.03 152.76 Source:EMFAC 2007(Version 2.3)Emissions Factors for On-Road Passenger Vehicles&Delivery Trucks.Passenger Vehicles are<8500 Ibs,and Delivery Trucks are>8500 lbs.Total trips for worker are 125%of grading equipment pieces. Grading activities are expected to begin in 2008.Passenger vehicle trips and Delivery uuck trips are each 50%of total daily trips. ENIFAC2007 Version2.3 Scenario Year 2008 -- Model Years 1965 to 2008 Pollutant CO ROG NOx SOx PM 10 PM2.5 CO2 Passenger Vehicle 0.010548 0.001079 0.001103 0.000011 0.000085 0.000053 1.099532 Delivery Truck 0.021949 0.002993 0.023713 0.000026 0.000856 0.400739 2.719434 Page 6 of 15 Garden Expansion/ New El Paso Village Table AQ-7 Asphalt Off Gassing (Pounds per Day) Asphalt Acreage VOC Factor Total Potential VOC per day (Lbs./acre) (Lbs. per day) 0.5 2.62 1.31 Source: URBEMIS2002 Users'Guide Version 7.4 May 2003. Page 7 of 15 Garden Expansion/ New El Paso Village � Table AQ-8 Architectural Coating Off Gassing (Pounds per day) Maximum Daily Building VOC Factor Total Potential VOC Coverage (sqft)* (1bsJ1,000 sqft) Generation (lbs.) 3,000 18.5 55.5 Source: Table A9-13, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,April 1993. Page 8 of 15 Garden Expansion/New El Paso Village Table AQ-9 Construction Emissions Summary (Pounds per Day) CO ROG NOx SOx PM10 PM2.5 CO2 Equipment Emissions 21.15 12.83 64.99 0.06 3.37 3.00 5,747.71 Workers Vehicle Emissions 1.30 0.16 0.99 0.00 0.04 0.03 152.76 Asphalt Paving Emissions - 1.31 - - - - - Architectural Coatings - 55.5 - - - - - Total Construction Emissions 22.45 69.81 65.98 0.06 3.41 3.03 5,900.46 SCAQNID Thresholds of 550.00 75.00 100.00 150.00 150.00 55.00 N/A Significance Source: Equipment Emissions: EMFAC 2007 (Version 2.3) SCAB Fleet Average Emission Factors (Diesel) for 2(�8. Assumes 8 hours of operation per day. *PM2.5 is 89% of PM10, based on South Coast Air Quality Management District's "Final- Methodology to Calculate Particulate Matter (PM)]0 and PM 2.5 Signiticance Thresholds, October 2(H)6." PM10 accounts for all particulate matter less than 10 microns in diameter. Workers Vehicle Emissions: EMFAC 2007 (Version 2.3) Emissions Factors for On-Road Passenger Vehicles & Delivery Trucks. Passenger Vehicles are < 8500 lbs, and Delivery Trucks are> 8500 lbs. Total trips for worker are 125%of grading equipment pieces. Grading activities are expected to begin in 2008. Passenger vehicle trips and Delivery truck trips are each 50% of total daily trips. Asphalt Paving: URBEMIS2002 Users' Guide Version 7.4 May 2003. Architectural Coating: Estimated maximum area that could be coated in one day during construction activities. Page 9 of 15 Garden Expansion/New El Paso Village • Table AQ-10 Estimated Electrical Usage Rates (Kilowatt Hours per Year) Usage Land Use Land Use Type Rate Unit Type (Square Kilowatt hours Feet) per year Retail 13.55 kilowatt- 63,881.00 865,587.55 Commercial hour/sq.ft./year Office 12.95 kilowatt- 15,734.00 203,755.30 hour/sq.ft./year Restaurant 47.45 kilowatt- 17,366.00 824,016.70 hour/sq.ft./year Total 96,981.00 1,893,359.55 Source: Table A9-1 I-A, Electricity Usage Rate, "CEQA Air Quality Handbook," prepared by the South Coast Air Quality Management District, April 1993. Retail commercial includes 27,OOOsf for the Saks Fifth Ave.expansion and 36,881 sf for the New EI Paseo Village. Page 10 of 15 ' Garden Expansion/New El Paso Village Table AQ-11 Power Plant Emission Projections at Project Buildout (Lbs. per 1,000 kwh) Annual Electric Energy Total Annual Usage (kwh/sqfUyear) Total No. Square Feet Electric Usage (kwh) 96,981 1,893,359.55 Pollutants CO ROG NOx SOx PM kwh 1,893 1,893 1,893 1,893 1,893 Factor 0.2 0.01 1.15 0.12 0.04 Lbs./Year 378.7 18.9 2177.4 227.2 75.7 Lbs./Day 1.04 0.05 5.97 0.62 0.21 Based on per unit usage and emissions factors provided in Tables A9-I l-A and A9-I 1-B, "CEQA Air Quality Handbook," prepared by the South Coast Air Quality Management District, April 1993. Assumes continued availability and use of natural gas in power plants and an average contribution from hydroelectric sources. Represents total pounds emitted per year by all land use types at buildout (see Table AQ-l0 for land use breakout). Page 11 of 15 Garden Expansion/ New El Paso Village • Table AQ-12 Natural Gas Consumption Factors (Cubic Feet per Year) Natural Gas Land Use Consumption Land Use Type Natural Gas Usage Factor (SF) (cf/yr) Retail/Shopping Center 2.9 cubic feeVsq. ft./month 63,881.00 2,223,058.80 Office 2 cubic feeVsq. ft./month 15,734.00 377,616.00 *Restaurant 4.8 cubic feeVsq. ft./month 17,366.00 1,000,281.60 Total 96,981.00 3,600,956.40 Source: Based on emissions factors provided in Tables A9-12, "CEQA Air Quality Handbook," prepared by the South Coast Air Quality Management Disuict, April 1993. *Assumes Restaurant usage is comparable to hotel/motel usage. Page 12 of 15 ' Garden Expansion/New El Paso Village Table AQ-13 Natural Gas Consumption Emission (Lbs. per 106 cubic feet) Estimated Total Annual Natural Gas Use: 3,600,956.40 CO ROG NOx SOx PM Project(cf/year/mil.) 3.60 3.60 3.60 3.60 3.60 Factor(lbs/mil.sqft) 20 5.3 120 0.0 0.2 Lbs./year 72.02 19.08 432.00 0.00 0.72 Lbs./day 0.20 0.05 1.18 0.00 0.00 Source: Based on cf/square foot usage and emissions factors for"Nonresidential Office" as provided in Tables A9-12-A and A9-12-B, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,April 1993. Page 13 of 15 Garden Expansion/ New El Paso Village ' Table AQ-14 Moving Exhaust Emission at Buildout (Pounds per Day) Total No. Vehicle Ave. Trip Total Trips/Day* Length (miles) miles/day 2,536 x 7 - 17,752 Pollutant CO ROG NOx SOx PM10 PM2.5 CO2 Pounds per day 171.94 17.62 17.84 0.19 1.53 0.96 19,483.78 SCAQIVID Thresholds of 550.00 75.00 100.00 150.00 150.00 55.00 N/A Significance Based on California Air Resources Board Highest EMFAC 2(}07 (version 2.3) Emissions Factors for On-Road Passenger Vehicles: Scenario Year 2009. All the emission factors account for the emissions from start, running and idling exhaust. In addition, the ROG emission factors take into account diurnal, hot, soak, running, and resting emissions,and PM 10 emission factor takes into account the tire and brake wear. *Total No. Vehicle Trips per day taken from "Traffic Impact & Parking Demand Analysis Report, The Gardens on EI Paseo, Palm Desert, California,"prepared by Linscott,Law&Greenspan,Engineers,on June 29,2007. Page 14 of I S � Garden Expansion/New El Paso Village Table AQ-15 Operational Emissions at Buildout (Pounds per Day) Moving Stationary Source Total SCAQMD Source Emissions Emissions Anticipated Threshold Power Nat.Gas Emissions Criteria* Plants Consumption (lbs./day) (lbs./day) (lbs./day) Carbon Monoxide 1.04 0.20 171.94 173.17 550.0 Reactive Organic Gases 0.05 0.05 17.62 17.72 55.0 Nitrogen Oxides 5.97 1.18 17.84 24.99 55.0 Sulfur Oxides 0.62 0.00 0.19 0.81 150.0 Particulates 0.21 0.00 2.48 2.69 150.0 Carbon Dioxide N/A N/A 19,483.78 N/A N/A *Threshold criteria offered by the South Coast Air Quality Management District for assistance in determining the significance of air quality impacts. Source: "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,April 1993,Revised January 2006. Page 15 of 15 � : , TRAFFIC IMPACT 8c PARKING DEMAND ANALYSIS REPORT THE GARDENS ON EL PASEO Palm Desert,Califomia October 16,2007 P►�pared for: Davis Street Land Company 622 Davis Street, Suite 200 Evanston, Illinois 60203 LLG Ref. 2-07-2888 ���°'� �� � ���a a � � '� Z � �,,. �3° °8�,� * � `g'y��AFF�' � OF CAU� Prepared By: Unscott law& Trissa(de Jesus)Allen, P.E. Greens�n,Engineers Senior Transportation Engineer 1580 Corporate Drive Suite 122 Coste Mese,CA 92626 714.641.1587 T 714.641.0139 F wwwJigengineers.com TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTI ON................................................................................................................... 1 2.0 PROJECT DESCRIPTION AND SE'I'TING.......................................................................2 3.0 STUDY SCOPE.......................................................................................................................4 4.0 EXISTING CONDITIONS....................................................................................................6 4.1 EXISTING STREET TIETWORK.................................................................................................6 4.2 EXISTING TRAFFIC VOLUMES ................................................................................................6 4.3 EXISTMG PEAK HOUR LEVELS OF SERVICE...........................................................................6 4.4 EXISTING�tAFFIC CONDITIONS .......................................................................................... 12 5.0 TRAFFIC FORECASTS...................................................................................................... 16 5.1 PROJECT T�tAFFIC VOLUMES................................................................................................ 16 5.1.1 Project Trip Generation Rates.................................................................................... 16 5.1.2 Project Trip Generation Estimates............................................................................. 16 5.1.3 Project Tra�c Distribution and Assignment.............................................................. 19 S.2 CUMULATIVE BASE PROJEC'I'IONS........................................................................................ 19 5.2.1 Year 2009: Background Traffic Growth..................................................................... 19 5.2.2 Year 2008: Cumulative Project Forecasts.................................................................. 19 5.3 YEAR 2009 CUMULATIVE BASE TRAFFIC VOLUMES............................................................25 S.4 YEAR 2009 CUMULATIVE PLUS PROJECT TRAFFIC FORECASTS...........................................2$ 6.0 TRAFFIC IMPACT ANALYSIS........................................................................................32 fi.l SIGNIFICANT TRAFFIC IMPACT CRITERIA............................................................................. 32 6.2 YEAR 2009 CUMLJLATIVE BASE�tAFFIC CONDITIONS........................................................ 32 6.3 YEAR ZOO9 CUMULATIVE PLUS PROJECT�tAFFIC CONDITIONS.......................................... 3S 7.0 PARKING DEMAND ANALYSIS.....................................................................................36 7.1 PARKING SUPPLY................................................................................................................. 36 7.2 PARKING SURVEYS AT THE GARDENS ON EL PASEO............................................................ 36 7.2.1 Existing Parking Demand in The Gardens'Parking Structure.................................. 36 7.2.2 Existing Parking Demand versus Supply in The Gardens'Parking Structure........... 38 7.3 CITY CODE PARKING REQUIREMENTS .................................................................................38 �.4 SHARED PARKING ANALYSIS............................................................................................... 39 7.4.1 Shared Parking Rationale and Basis.......................................................................... 39 7.4.2 Shared Parking Ratios and Proftles........................................................................... 40 7.4.3 Shared Parking Analysis Results................................................................................ 40 LerSCO7T,LAw&GREENSPAN,engineeis LLG Ref.2-07-2886 � The Gardens on EI Paseo,Palm Desert n�aeou�.zor.:u;svt�po�:�sss-�M-ioa�,-o�aa: APPENDICES APPENDIX A. Intersection Peak Period Traffic Counts B. Intersection Peak Hour Level of Service VVorksheets C. Shazed Parking Analysis Worksheets LIST OF FIGURES SECTION•FIGURE# PAGE Figure2-1: Vicinity Map.................................................................................................................3 Figrure 3-l: Study Area....................................................................................................................5 Figure 4-1: Existing Roadway and Intersection Physical Characteristics.......................................7 Figure 4-2: Existing(2007) Weekday Midday Peak Hour Traffic Volumes .................................. 8 Figure 4-3: Existing(2007) Weekday PM Peak Hour Traffic Volumes.........................................9 Figure 4-4: Existing(2007) Saturday Midday Peak Hour Tr�c Volumes ................................. 10 Figure 5-1: Saks Fifth Avenue Expansion Project Traffic Distribution Pattern............................20 Figure 5-2: El Paseo Village Expansion Project Traffic Distribution Pattern...............................21 Figure 5-3: Project-Generated Weekday Midday Peak Hour Traffic Volumes............................22 Figure 5-4: Project-Generated Weekday PM Peak Hour Traffic Volumes...................................23 Figure 5-5: Project-Generated Saturday Midday Peak Hour Traffic Volumes.............................24 Figure 5-6: Year 2009 Cumulative Base Weekday Midday Peak Hour Traffic Volumes............26 Figure 5-7: Year 2009 Cumulative Base Weekday PM Peak Hour Traffic Volumes...................27 Figure 5-8: Yeaz 2009 Cumulative Base Saturday Midday Peak Hour Tra�c Volumes.............28 Figure 5-9: Year 2009 Cumulative+Project Weekday Midday Peak Hour Traffic Volumes .....29 Figure 5-10: Year 2009 Cumulative+project Weekday PM Peak Hour Traffic Volumes............ 30 Figure 5-11: Year 2009 Cumulative+Project Saturday Midday Peak Hour Traffic Volumes...... 31 LwscA7T,LAw&GREENSPAN,engineers LLG Ref.2-07-2888 �� The Gazdens on El Paseo,Palm Desert \�.`:?BOU`?07?.4R8Utepom�dBR�rya-10-10.07 doc LIST OF TABLES SECTION-TABLE# PAGE Table 4-1: Level of Service Criteria for Signalized Intersections................................................... l l Table 4-2: Level of Service Criteria For Unsignalized Intersections.............................................. 13 Table 4-3: Existing(2007) Intersection Peak Hour Levels Of Service........................................... 14 Table 5-1: Project Trip Generation Rates........................................................................................ 17 Table 5-2: Project Trip Generation Estimates................................................................................. 18 Table 6-1: Year 2009 Intersection Peak Hour Levels of Service....................................................33 Table 7-1: Parking Utilization Survey Results..................................... ...........................................37 Table 7-2: Weekday Shared Parking Demand Analysis.................................................................41 Table 7-3: Weekend Shared Parking Demand Analysis.................................................................42 uNSCATi,LAW�GREEI�.SaAN,englneers LLG Ref.2-07-2888 III The Gardens on EI Pueo,Palm Desert n:zxoa�zoizsss�ae�n�,_asa-��w-io-ie-nia«: TRAFFIC IMPACT 8c PARKING DEMAND ANALYSIS REPORT THE GARDENS ON EL PASEO Palm Desert,Califom(a October 16,2007 1.0 INTRODUCTION This report documents the findings of the traffic impact and parking demand analysis report conducted by Linscott, Law & Greenspan, Engineers (LLG) to determine and evaluate the traffic impacts and pazking needs associated with The Gardens on El Paseo project. The report presents an inventory of existing chazacteristics and traffic volumes on roadways adjouung the project site, forecasts vehicular traffic anticipated to be generated by the project, evaluates potential impacts of these project-generated trips on the surrounding street system, and determines whether mitigation measures are necessary to alleviate project-specific impacts. In addition, the study estimates the shared parking demand of the project, and compazes the demand against the existing and proposed pazking supply to determine any parking surplus or deficiency. LiNscoTi,LAw&GREEnsPntr,engfneers 1 LLG Ref.2-OT-2888 The Gardens on El Peseo,Palm Desert 4.`��ROU`3072RSS•,Repon\'RSB-rpi-10-I(.-0?doc 2.0 PROJECT DESCRIPTION AND SETTING The project is located in the City of Palm Desert's El Paseo Shopping District, also known as the "Rodeo Drive of the Desert". This mile-long stretch of El Paseo serves a mix of retail, restaurant, and office uses, and runs parallel to SR-111, one block to the south of the Highway. El Paseo has a landscaped median, and provides on-street parking on both sides of the street. On-street parking also exists along the north-south streets that intersect El Paseo. The two sites that comprise the project are located on the south side of El Paseo,in the center of the shopping district. The project has the following two components: (1)addition of 27,000 square feet(SF)to the existing Saks Fifth Avenue store in The Gazdens on El Paseo shopping center,and(2)development of 36,893 SF of retail, 20,207 SF of restaurant, and 15,734 SF of general office uses (including the demolition of 35,812 SF of existing commercial uses) in El Paseo Village, which adjoins The Gardens on El Paseo on the west. The project is expected to be completed in the Yeaz 2009. Figure 2-1 shows the location of the project site in relation to the surrounding street system. As shown, T'he Gardens on El Paseo site is bound by El Paseo on the north, Shadow Mountain Drive on the south, San Pablo Avenue on the west, and Larkspur Lane on the east. Driveways for The Gardens are located on San Pablo Avenue and Larkspur Lane. A two-level, 919-space parking structure (plus 58 golf cart spaces) exists south of the shopping center, with pedestrian access for The Gardens provided on both levels of the parking structure. The El Paseo Village site adjoins The Gardens on the west, and is bound by El Paseo on the north, Lupine Lane on the west, and San Pablo Avenue on the east. Driveways for this site are located on Lupine Avenue and San Pablo Avenue, providing vehicular access for a 146-space parking lot located on the southern portion of the site. _ ` LulsCort,Lnw�GREENSPAN,englneers LLG Rcf.2-07-2888 2 The Gardens on EI Paseo,Palm Desert . \`2R(riP:?07'SSStReponl:SSR-r�n-ID-Ib-01.da: �a coot-�a-Qo e�aa�u dm �v�-a�ec\�v\ea�oa\ooa�w tte�i �.+.^~�t .,.,.,. -._ r�.. �son�. .��, QI! NON�Y� �,,, d3�0 �r' ' . !: m \ A� v� � + '� � w � { 3 �,1�►r(�� `�� �i r� `:�f1 ls[7�5� y� •� I � N1 tlpyMf9 NYI011 "V'' �'+--�:" '� ' ! � 1��L O '��'� /� � � "��i-� y � �i � � �►I -'� f� � � � _�� iAA `�- — roa�an�— s�D�r I�tp �.. � PANtlC�P vt�+ona+► ,, V a � �;s j �-�� � 'Y � ~� i� 5 w i ��i � u �" -` � AV �OTll�6�1 � �M �I > � R�B T ��' ti��: v a � � � a�+�n ; � P� ►� '�t� ' ' r--� a " � S � �-� � � 1� ` ,�; J � 1 , � o Y� � I '�' I ^�a� �� � N� � ,T„ I�h*� „�„I 4�,,� W Wk $y'�:� � � � 1 W�t1 �' O � �� OQ��Y �.TY kl K31A 111ViNf10M � � fn . 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I '��$ a � . �, � � a �� v� � 714 i 'G�,,�j U �yTyj � MlANF%]Yd � � � � �V ��qq�''r' '_ Vl F^' �� y p�C? ~ �� � � � �,;�y � Z � � J � i+3 f Q • � ���� � `` ���� �`y� � Ya �s��� y�(�:y� ►� � . + 4 i` �'�'- �L1 /1 !- Ml � � '�a �1`• � I U �r,��_I. � ~�" f, .., �l31K39 tl31lC3� Nh101 ��,� � �_y. vt�3�-' ' r= �'.- (jNO,L _ 4y j� 1 L-'1 ^�� 'r.-�' 'rs I � �� �,� �!_ r``� ,-.-��_�,.�� y�; �� I �-� -� -���:- ; �t o ��,. Q?��� ��.�:__:-�"�-''� , ; � ! .� � �� � � -:, , iC - f �- /���t�. � -a.Y�l�.:. I 3 3.0 STUDY SCOPE The work scope for this study, including the base assumptions, technical methodologies, and geographic coverage, satisfies standard City and CMP impact study guidelines/requirements, and was developed in conjunction with City of Palm Desert Traffic Engineering and Planning staff. The following traffic scenarios are addressed in the study: • Existing (200'n Conditions - The analysis of existing traffic conditions is intended to provide a base analysis for the remainder of the study. The existing conditions analysis includes an assessment of the key roadways in the area, current traffic volumes, and circulation. ■ Year 2009 Cumulative Base Conditions—This phase of analysis projects future traffic growth and operating conditions in the Yeaz 2009 (anticipated completion year for the project) which could be expected to result from regional growth and related/cumulative projects without the addition of project traffic. • Year 2009 Cumulative plus Project Conditions - This is an analysis of future traffic conditions in the Yeaz 2009 with the addition of project-generated traffic. Any potential tr�c impacts will be determined,and mitigation measures developed. Five signalized intersections and nine stop-controlled intersections were selected for detailed peak hour level of service analysis under each of the scenarios identified above. The analysis is focused on assessing potential impacts during the weekday midday peak hour (between 11:00 AM and 1:00 PIvn, weekday afternoon commute peak hour (between 4:00 and 6:00 PM), and Saturday midday peak hour(between 12:00 noon and 2:00 PM). Figure 3-1 illustrates the study azea and the 14 key intersections analyzed, which include the following(signalized intersection, except where noted): 1. San Pablo Avenue at SR-111 2. Plaza Way at El Paseo (unsignalized) 3. SR-74 at El Paseo 4. Ocotillo Drive at El Paseo (unsignalized) 5. Sage Lane at El Paseo(unsignalized) 6. Lupine Lane at El Paseo (unsignalized) 7. San Pablo Avenue at El Paseo 8. Lazkspur Lane at El Paseo 9. San Luis Rey Avenue at El Paseo 10. Tumbleweed Lane at Shadow Mountain Drive(unsignalized) 11. Lupine Lane at Shadow Mountain Drive(unsignalized) 12. San Pablo Avenue at Shadow Mountain Drive(unsignalized) 13.Larkspur Lane at Shadow Mountain Drive(unsignalized) 14. Shadow Mountain Drive at Ironwood Street(unsignalized) LtNScoTr,UW 8 GREENSPAN,engJneers LLG Ref.2-07-2888 4 The Gerdens on EI Paseo,Palm Desert ��,sa��.zo�:.�ss�xoNoo�sax-��,-io-ic o�ao� �a caoa-�a-so er•ar-u dm a+v�-c�z�b•�a�nz�oo�� � � � � � w N � o � � � � a POR N � � O rti W `J Q � a J � W Z O N � Z �r W 0 � � Q C9 M W � � N SAN � Z i;:;:;� � '- W LUPIN �'� W � � tD W � Z � Y � � � �a M N .t N 1N �:;:�� 0 �, � u � � N � U � O 2 � � �-- 5 4.0 EXISTING CONDITIONS The assessment of existing conditions includes an inventory of the street system, traffic volumes using these facilities, and traffic operating conditions at analyzed locations. 4.1 Existing Street Network A comprehensive inventory of the street system within the study azea was undertaken to develop a detailed description of existing tra�'ic conditions. Figure 4-1 illustrates the existing physical characteristics of the streets, including lane configurations and traffic control at intersections, number of travel lanes, posted speed limits, and median types along roadways. 4.2 Existing Traffic Volumes Weekday midday and PM peak period, and Saturday midday peak period traffic counts were collected at the 14 key intersections in Mazch 2007. Appendix A contains the intersection peak period traffic counts. Figures 4-2 through 4-4 illustrate the existing weekday midday, weekday PM, and Saturday midday peak hour traffic volumes, respectively. 4.3 Existing Peak Hour Levels of Service Level of Service (LOS) qualitatively measures the operating conditions within a traffic system and how drivers and passengers perceive these conditions. Level of service ranges from LOS A to overloaded conditions at LOS F. Per the City's General Plan, LOS C is the goal in Palm Desert. Exceeding that goal would only be acceptable where maximum feasible intersection improvements have been implemented. Based upon City guidelines, the 2000 Highway Capacity Manual (HCM) signalized methodology was used to determine the level of service for the five signalized key intersections. Based on the HCM method of analysis, level of service for signalized intersections is defined in terms of average control delay per vehicle,which is a measure of driver discomfort, fiustration, fuel consumption,and lost travel time. The level of service criteria for signalized intersections are shown in Table 4-1. The following default values and assumptions were applied in the level of service analyses, based on the County of Riverside input parameters (Traff c Impact Analysis Preparation Guide, August 2005) and other traffic studies completed in the area. � Base Saturation Flow Rate: 1900 pc/hr/1n(per RCTD) ■ Heavy Vehicle Factor: 0% (per LLG) ■ Cycle Length: 100 seconds (per LLG) ■ Lost Time: 16 seconds for four-phase signals; 12 seconds for three-phase signals; 8 seconds for two-phase signals(per RCTD and HCIvn ■ Amber Time: 4 seconds/phase (per LLG) ■ Minimum Green: through movements aze given the minimum pedestrian crossing time and turning movements aze given 7 seconds (per RCTD) � Lr�SCOr7,Uw 8 GREENSPu�1,engineers LLG Ref.2-07-2888 6 The Gardens on EI Paseo,Palm Desert 1�'�.'�2ROU`�072%S6�Rtponi'.86R-rp-IP-Ih.07 da; �a tooz-xa-90 oror�� dm d+r►-r�aaaa\�n\eaauoz�ao�� �--i zv� ►- � �� � d� W� o W�y aF � P W �i V a 3S NP � `� � z O aa � � W a �/ a� �1 A Q � � �i w �� a ,,.� J g���/ �� � t� d V zo �� �� \�— �/ �,��, z w �� `�0 Op„� � �n P p � �' Q C9 � .�1 �-��P-1 � � W a� •_ � � E-� � � � E;::;:;?�:;:;:�:.; 3 V] -�ii � a... 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Short cycle lengths may aiso contribute to low delay. This level generally occurs with good progression, B > 10.0 and<20.0 short cycle lengths,or both.More vehicles stop than with LOS A,causing higher levels of average delay. Average traffic delays.These higher delays may result from fair progression,longer cycle lengths,or C >20.0 and<35.0 both.Individual cycle failures may begin to appear — at this level.The number of vehicles stopping is significant at this level,though many still pass through the intersection without stopping. Long traffic delays At level D,the influencc of congesrion becomes more noticeable.Longer delays may result from some combination of unfavorable D >35.0 and<55.0 progression,long cycle lengths,or high v/c ratios. Many vehicles stop,and the proportion of vehicles not stopping declines.Individual cycle failures are noticeable. Very long traffic delays This level is considered by many agencies(i.e. SANBAG)to be the limit of E >55.0 and<80.0 acceptable delay.These high delay values generally — indicate poor progression,long cycle lengths,and high v/c ratios.Individual cycle failures are frequent occurrences. Severe congestion This level,considered to be unacceptable to most drivers,often occurs with over saturation,that is,when arrival flow rates exceed F >_80.0 the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures.Poor progression and long cycle lengths may also be major contributing factors to such delay levels. � Sowce:Htghway Capactty Manua12000,Chapter 16(Signaliud Intersections). UtasCoiT,LAw&GREENSPAN,engineers LLG Ref.2-07-2888 11 The Gardens on EI Paseo,Palm Desert A'\260u`�07�SR6�Re�x,n�sS6-rM-io-ir,-o7 aoc ■ Minimum Pedestrian Crossing Time: based on the signal timing plans if available, or calculated by using the minunum pedestrian crossing time equation(per HCM) ■ Analysis Time Period: 0.25 hour(per HCIvn ■ Peak Hour Factor: 0.95 (per LLG) The 2000 HCM unsignalized methodology for stop-controlled int�ersections was utilized for the analysis of the nine unsignalized key intersections. This methodology estimates the control delay (expressed in seconds per vehicle) foz each of the traffic movements on each approach of the intersection, and determines the level of service for each movement based on the control delay for the subject movement. The control delay and level of service reported for the intersection corresponds to the most constrained movement. The level of service criteria for unsignalized intersections aze shown in Table 4-2. Based upon the level of service methodologies described, the existing peak hour trafFic volumes presented in Figures 4-2 through 4-4 were used in conjunction with existing lane configurations illustrated in Figure 4-1 to determine the current traffic operating conditions at the 14 key intersections. Appendix B contains the detailed level of service worksheets. 4.4 Existing Traffic Conditions Table 4-3 summarizes the existing (2007) peak hour levels of service at the 14 study intersections. As shown, 12 of the 14 key intersections currently meet the City's LOS C goal during the weekday midday, weekday PM, and Saturday midday peak hours, and the following intersections cunently operate at a LOS D or LOS E during the peak hour noted: 1. San Pablo Avenue at SR-111 (weekday midday,PM, and Saturday midday peak hours) 3. SR-74 at El Paseo(PM peak hour) � LwsCoit,Law&GREENSPAra,enqineers LLG Ref.2-07-2888 �2 T'he Gardens on EI Paseo,Palm Desert \�':280tM?072SR8�Repnni?SSP-r�p-I(�-16.07 dcc TABLE 42 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS2 Level of Service Highway Capacity Manual �vel of Service Description (LOS) Delay Value(secJveh) A S 10.0 Little or no delay B > 10.0 and 5 15.0 Short traffic delays C > 15.0 and 5 25.0 Average traf�ic delays D >25.0 and 5 35.0 Long traffic delays E >35.0 and<_50.0 Very long traffic delays F >50.0 Severe congestion 2 Sourca Highway Capaciry Manua12000,Chapter 17(Unsignalized Intersections). Unscarr,Law�GREErrsPnN,englneers 13 LLG Ref.2-07-2888 The Gardens on El Paseo,Palm Dcscrt �"�'R(�r.?01'_3RS�Repnn'.?�iBMp-10-16.O7.da Tae�e 43 EXISTING(2007�(NTERSECTION PEAK HOUR LEVELS OF SERVICE3 Time Control Detay Key Intersections Period Type (sec/veh) LOS 1. San Pablo Ave at Midday 8fd Tr�c 50.5 D SR-111 PM Signal 47.1 D Sat.Midday 55.1 E 2. Plaza Way at Midday All-Way 12.4 B EI Paseo PM Stop Control 11.5 B Sat.Midday 11.S B 3. SR-74 at Midday 8(�Traffic 34.1 C El Paseo PM Signal 42.9 D Sat.Midday 32.8 C 4. Ocotillo Drive at Midday All-Way 22.7 C EI Paseo PM Stop Control 16.3 C Sat.Midday 16.S C 5. Sage Lane at Midday All-Way 15.3 C EI Paseo PM Stop Contro! 12.3 B Sat. Midday 12.2 B 6. Lupine Lane at Midday All-Way 13.4 B EI Paseo PM Stop Control 11.4 B Sat.Midday 11.8 B 7. San Pablo Ave at Midday 5�Traffic 19.2 B El Paseo PM Signal 19.0 B Sat.Midday 18.5 B 8• Larkspur Lane at Midday SQl Tr�c 23.4 C EI Paseo PM Signal 22.2 C Sat.Midday 24.2 C 9. San Luis Rey Ave at Midday 50 Traffic 22.7 C El Paseo PM Signal 23.0 C Sat.Midday 22.5 C 10. Tumbleweed Lane at Midday All-Way 7.7 A Shadow Mountain Dr PM Stop Control 7.6 A Sat. Midday 7.S A 11. Lupine Lane at Midday One-Way 9.9 A Shadow Mountain Dr PM Stop Control 9.7 A Sat.Midday 9.3 A 3 Appendtx B contains HCM LOS sheeu for key study intersections. L1NSCA7T,LAw&GREBaSPAN,englneers 14 LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desert \",26(rin2072xR8�Repnn'�8S8-�p-1416-OJ.doc TABLE 43(CONTINUED) EJCISTING(2007�PEAK HOUR LEVELS OF SERVICE4 Time Control Delay Key Intersections Period Type (sec/veh) LOS 12. San Pablo Ave at Midday One-Way 10.4 B Shadow Mountain Dr PM Stop Control 10.3 B Sat. Midday 9.6 A 13. Larkspur Lane at Midday One-Way 10.3 B Shadow Mountain Dr PM Stop Control 10.2 B Sat.Midday 10.1 B 14. Shadow Mountain Dr Midday All-Way 7.3 A Ironwood St PM Stop Control 7.3 A Sat Midday 7.3 A tes: ■ LOS=Level of Service,please rofer to Tables 4-1 and 4-2 for the LOS definitions. • Bold Deley/LOS values indicate adverse service levels based on City of Palm Desert LOS standards. ° Appendix B contains HCM sheets for key study intersections. Lrvscorr,LAW�GREENSPAN,englneers �5 LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desert N.`GSDU`.207�36$�Reyon�ASP-rpr 10-I6-0?Jo. 5.0 TRAFFIC FORECASTS In order to evaluate the potential traffic impacts of the proposed development, the amount of traffic that could be generated by the project (i.e., project traffic generation), and future tra.i�c volumes on the surrounding street system (i.e., Cumulative Base forecasts), need to be estimated. The Cumulative Base scenario (representing future conditions without the proposed project) could then be compazed with the Cumulative Plus Project scenario (representing future conditions with the project). 5.1 Project Traffic Volumes A multi-step process was utilized to develop project tr�c forecasts. The first step is project traffic generation, which estimates the total arriving and departing haffic at the project site on a peak hour and daily basis. The second step of the forecasting process is project traffic distribution, which involves the development of a geographic trip distribution pattern that identifies the origins/destinations of project traffic. The third step is project traffic assignment, by which project- generated trips are allocated on the street system. 5.1.1 Project Trlp�eneration Rates Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation factors and equations used in the tr�c forecasting procedure are found in the Seventh Edition of Trip Generation, published by the Instiiute of Transportation Engineers (ITE) [Washington, D.C., 2003J. Table S-1 summarizes the trip generation rates for the project. To reflect the unique tripmaking characteristics in Palm Desert, the PM peak hour trip rates were also applied to the weekday midday peak hour. 5.1.2 Project Trip Generation Estimates Because of the retail components of the project, "pass-by" reductions were applied to the gross project-generated trips. This is typically done to account for instances when the total number of trips generated by a retail development is different from the amount of new traffic added to the external street system serving the project. Retail-oriented sites attract a portion of their trips from traffic passing by the site, on the way from an origin to an ultimate destination. These retail trips do not add new traffic to the surrounding street system. The methodology used in estimating pass-by trips for the project is contained in ITE's Trip Generation Handbook [Washington, D.C., June 2004]. It should be noted that pass-by reductions are not applied to traffic movements entering and exiting the project site via project driveways. Table S-2 presents the resulting gross trip generation estimates for the project, and the net traffic generation after the pass-by reductions were applied. As indicated in Table S-2, it is estimated that on a typical weekday, the project would generate approximately 2,536 daily trips, 141 midday peak hour trips, and 141 PM peak hour trips. On a Saturday, the project would generate approximately 2,413 daily trips and 197 midday peak hour trips. urrsco77,Uw&Grt��nN,engineers 16 LLG Ref.2-07-2888 The Gardcns on EI Paseo,Palm Desen \.',2R(KP.20J28SS�Repon vSSR-rp�-10-1 h-0?.doc °° �S � � � +� ,�. 0�+. ,u � �t � �;� 4 � O F-� � � � N 4,E� � N ,- � �..;a E � � o 0 0 � o a $ a ° v v v �Ov r�, �a � � O w � _ � � � o � o o e y b � ,� v�i � v�i � o � b �� w '� a o � � � ^ � wi � � O M � M N ,a; � G VI � ,�y. � � N � � � � e � .� � \ \ \ \' c e � "" •� � A O O O � �O � p a� ..".i 44: e � a� 0 0 0 o e � � \ \ \ \ \ ^ � O O O O O �y V1 V1 V1 V1 V1 � � p' 4-� y N � O y h L O ,�. t� � '�t O � � � O E., c�i � --� x e � o > o � w � a o e � a � '" F � O �A � M 00 M � � 3 •� � � � � 3 � o � � v � � � � � z [- � � `" � .a F� >C � � L � ,cV. � � !f O � W W 7 F., cV t� o f� J � � � � e v' 'N a � M ~' a .p �' " � � o e e � � g F"' ,� a o � � M � M N � y f" � p � � ¢ � W 3 � � °° � F M O O M I� O�C '� e e � \ o o ."y. '3 ao � � N c� °- � �y V'�' � b � � [ s h M M �O M � O + + �' -F �' 'o � o" .-. .-. r. .-. .-. 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F .: � � -� �`' N � , '^ � � `4 a .a o '�' 0 � � a�. `• �r c� �o- `� a Q y�j V1 V'� N N h V�1 � � N � N � � �'�1 '��' � � 3 � \ W a � N a V � N � O V� � � 0' � � � M � n N � '� 'O '(i1� � � y� �u' F'� Z � � F � a o�o �'�',� 7 � � N N '�a,' � � �i � b a � � � W � 0 c� � 3 � ,�,�', ,< � � � a ; °` � v� o �n �o o a '^ 2 O v�i v'+ � �'a N �n �n N N � N � � N � b G 00 W i � � � 1-' � 'b � �,�o a �O E a o `� � o,° M a. -� o� a v r F � �„y � � � � N �. O � � i � M i o�0 M � � � 'C � ~ �W 7 � pp � � � � y�j �O � �.�j � M � �"� N � � � O � � 1A M � \ a o � oo� � � � � o � , �q � NN � N � b ' � .� � �. � w ;_, � � � � � � � � o � � � � � � . � p y ►• o F-� ra' T V] S O � •� � 0�0 N � � � 0�0� .•N•� v�j 0 •« O ca N O � � �Z � N � � � ^ � a�i Z ,a 'p N N 'S p � i � � Q _7 C 6� � LY. � � °� p� � G�. � o. a � � ��C. � s .�' �eg a�i o O F" � P: � 7 Q OA [� 0. � �. � T w �. .� � -."Y, � w `� � C � '� � '� O�i Oi � iC y pp q � q W � � � � o a � � C7 W � " � ° a � 3 � r�q q E `i' '��7� � � a >p � � � � X ,� _ � p' A � y C �' .0 �, .. � � O Y! B � v C Cy � .� � m' " ' a 3 w ;"' �1d� o ` a o' y a fl a� 7 e� a� � W �C `a� � y o � � c � � � � c o a F m �, n� d' o y �S, p; O .y � � ° � o � a�i W � io � � �j F; � � � � u �,, � y � •� � $ y x a• w � 3 � a � � o; v�i a C7 � o � � S � va W F' ol � 8 a z " � J 5.1.3 Project Traffic Dlstrlbution and Asslgnment The geographic distribution of tr�c generated by developments such as the project is dependent upon the following factors: ■ The project's markedservice area ■ Location of site access points in relation to the surrounding street system ■ Location of pazking areas, and ingress/egress availability at the patking azeas ■ The site's proximity to major traffic carriers and regional access routes ■ Physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns ■ Presence of traffic congestion in the surrounding vicinity Based upon these considerations and preyious traffic studies completed in the study area, a traffic distribution pattern was developed for The Gardens on El Paseo and El Paseo Village components of the project,as presented on Figures S-1 and S-2. The tr�c expected to be generated by the project was assigned to the local street network using the project trip generation esrimates presented in Table 5-2, and the distribution patterns illustrated on Figures S-1 and S-2. Figures S-3 through S-S illustraxe the resulting project-generated tra�c volumes during the weekday midday, weekday PM, and Saturday midday peak hours,respectively. 5.2 Cumulative Base Projections The Cumulative Base or "background" tra�c projections account for existing traffic volumes, and include two growth elements over existing traffic volumes: (1) increase in the existing traffic volumes due to overall regional growth; and, (2) traffic generated by specific developments expected to be constructed by Year 2009 in the vicinity of the project study area. The following sections describe these two growth elements in existing traffic volumes. 5.2.1 Year 2009:Background Traffic Growth Background traffic in the study azea has been estimated to increase at a historical rate of approximately 1% per year. Future increases in background traffic due to regional development are expected to continue at the same rate. For the Year 2009, the existing (2007) traffic volumes were increased by 2% to reflect area-wide regional growth in traffic. The 1% annual growth rate was determined based on discussions with City staff. 5.2.2 Year 2008: Cumulative Project Forecasts The traffic expected to be generated by future projects that aze either under construction or proposed within the study area accounts for the second traffic growth element of the Year 2009 Cumulative Base scenario. According to City staff, there are no related projects expected to be developed by Yeaz 2009 within the study area. 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P i �� W � W / `�� `0 � � F a � + ` � \ � � � a � � o J '�° � w z w � a �� \ o; �'��� /� �� � a o \� ' / J � � EI x z � 1� � I V w � oNro � � \\ �^ A � 5 ��� /� O � � � J oJ���� �., ��R � � ���� \� �� a �, � � � �� � _� d � ':: N � �� \\ ` ��/ OOiCI t- �j � � � � O\� �I �- 0 � � �Q /� O Q � � � ,� ,5 ::: � � o ��� ` � � � � — °-' ��� � � � oJ�� � �o �-s� °� � r ���. '' �' � � � � o�� �z � � � ��::�� � �� � �` �� � J � �� � � — 1 � ,�f� / � . ��� i� � �. � o�o `o i W � \��� �/� AJ � �� � Y N � � � � oo �-s��� o � �I o �::1 � o�� � o �o N� oo Lo J � ��z1 � � � N/Yl � � � -yr �� pJ��� I \ � o � � 0 .° � �� . � ad� � — � � � — i d � � . / 1 � �/�O t-0 � /� � \ o� � � 1 � � ,� J � ��� �° � J �� � � —o \ �� o ���� / o J �� � o� �f I � \\ i� � � \� , N�� N \ �� O 2 � � � 5.3 Year 2009 Cumulative Base Traffic Volumes Figures S-6 through S-8 illustrate the Yeaz 2009 Cumulative Base weekday midday, weekday PM, and Saturday midday peak hour traffic volumes,respectively. 5.4 Year 2009 Cumulative plus Project Traffic Forecasts The estimates of project-generated trai�c volumes were added to the Yeaz 2009 Cumulative Base forecasts to develop traffic projections for the Year 2009 Cumulative plus Project scenario. The resulting Year 2009 Cumulative plus Project traffic volumes at each of the analyzed locations are shown in Figures S-9 through 5-11 during the weekday midday, weekday PM, and Saturday midday peak hours,respectively. �NscArr,LAW 8 GREENSPAN,engineers 25 LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desert ��.;2Rot�'.;072Y58'�Rryon�XS&r�n-10-t P•0'dm: �a toot-�a-so e�wct dci �oro-cwa��d•v\awztn�aoo�:u � WW � � �� w � � o W �� � P � �v a —� � '-' o w �, � � Q �) + � Sf \ � � a �' � � _' � �"' v�a W � \�s� _ ���, �'� _� �� o \ �� � �� � � \ � / J � \ �x � / �`'�'N � �\ "� 1 9 1 cv� / � a J 1 �� � � J �� ,`�� ,�� �a W �� s J��� r-_ -- :::::�:�:;:: 1 � �� __ Q � '�N;� •. �� / \��� �/� ��� � 55 � / � / �`,� A -- 95 / /��� � � sM, P J { � �4 � � � , � � I -�� � � ) �� � _� 1s4� �*f ,�� � �`�' / >+ �/a�'oic� `-Q� � 13U'1 `r:Fin � i:�::� �^ , � 16 � k+ �' J � ��� � _� j ������ J � i� �- � � � � ��� 2 // � W 1 ,�� J�'� l u��.n � 20--t�� � � ,� �n�o r+ LZ ^/ W ��oe �, � � /� � .--s� � Y � � �Z �\ ��� �� J 1 � ���M `9 `� Z6 y vi�r ,r^^ �8` � J � L/� \ a � NI1 J � l�9 1 `s J i3"'c� � � t9 � � / ��gy � `�i � \ 8 , `vcli� � �� � \ / i � / \ d� � ^ ��� `-lOt\ /� $v�, ^ 1� / J � L�� \ �� � ��� �F� JI 1 i� -� t � � + � �� \� ��� � ' ,�r'// �� J er 1 � -► � � � \\ J/ y� � � �CO! 1 �o,/ \ N � J/ � Z � � � 26 �i cooa-�a-so �sr-u dm �vc-s+�aw\mr.coz�oo�w I� W� � I �� � � a � W �� � POR �j �V a � —� o ���' �� � � a \ � a � , )o� � '�` � w " W / � ` �y � —� vofx / \bbt 1 ���i / �� � o� o � ,\ �— �N / J � �� �x W ���� � s�� M 1 £z � 11 � � Q � J � �� � � � g �' ��` J�� a' W � ���� r�_ __ ..:::: � �' a � ��13\-1 �/ $�� � 68 .,'.'� ...' °O� �/ / � 6 \\ � -- 102 / /�,,�� � p d s�, P � + r- to2 �� �': � I � �L� ` � � � � —� �o� d :'' ���� � � � 5 �,,� � w � /�s��. �o � 'a�-, ��� :�:.:!�� �� � `� / � � J � l�as � , � �'� w + � �— � � J � — 20J�� � �4� 1 SZt --��v�,,� •r`�cr 14� � � >- \\� � �M �/ ��M �Z // � Y � � �i J � �Z - r �� ��� 5� � � � /�i�� �sl � sg � "'�� �-�.o ` �`::� t .� � `/� \ a N n'1N J � ��s 1\ � ����/� \ � y; 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r ��4 � ::: � � � ,�� � I A � �� 201J t� �����`` � � � � �,�, � W �s�� �-l� \ j� '�"�� .::"-� N� i �� / � � \ ��'��� � I � �� � v� � �9u � J �J r49 _, �N ������� z��� i� � :.: � 1 �;9 � � � � �s-� �� i r '� � O� � t �i� r�i ii►`r-� t-9Z / Y a �� ,/ �JI �� � � � � � � ,� �� �� si -- M1 €:J � ���' � `� � -�o �� ��� �S J � ��� \ N � N1 � rl� I f9J1�,,[ � � 6�= \\� � "'� � �\ f 1 ?,1� � � \ � / � �� / � �t �[ / � ^ � � �� J � �rs�\� ,� J � ���+ `� \\ J � � �Z J� � � / P rv,r s�+� '� I t69 — �n�� J ` , w �g£t � Nw� OU �M 8l -► ,� � a �� J/ LZ � �`� \6[ 1 ���/ v�i � i� O Z � � � ^�W LOOZ-9l-Ol sz:oz�o� am uw•<<-sreoez\�a\aeezcoa\ooaz\� f"�� E"�(/� � r� t"�W W Iti�-�- w �a � � a� � Q � w ��, a P � a�" o �",a'r� LZy� � a ¢ � � d � , rS � '—�� I w � W � 1 1 � � �� a I/ � ��9, ���� �� M� � �o O 1 � �- ' � � � �x z w / rn� � 78\ / R � 9� J � { � U'y�,' � � i��� �, 59 \ ��, A � �Z -1 �,o � �W Ca.� � + Lr 108 J � �� � , �G, � � w � SJ �t� r ,_ _ �R :::7 :::::.� �� _ _ �� � �r- N ��176-1 '/� o�°r�° � 76 �. �� M^ �/ � `-�� \\ �A � � r 803 : �/ /,�,r��,rn �2� �A / _ SAN P �� :;:'• / ; ` ,�,r`r� I �i 1 � � � /��� � � 122-� �°��i�� �:�::� N� i ���� // �`' A \ :::: J � � ��_ / � c� —zs � J � L ��b �� LUPINE � . �gJ 1 � �/ c� ►'7 � � so� -J 1 f ,� � �8-� �� i W E-' � Z� ' °�N�n� r�'i�N �4£ / Y a � �� ,� �J � ��z � � �� � �� ��/ £[ J 1� �;:1 � � ;�� �-sa � sb -�W �� � W ��' Lb� J { L rll \ <a `� m N/Y1N n,� ��9 1� �g J�}� � � �9 � .L l M �� Ll 1 � / � 61 A�� �� �/ �� b / � �� � d � � ° �o �i"rd �L6 \ /� ,,'�, r� ,�,,, _� / J I � r%i � � � �`�'�� �� ' � ; �� � l —oa \ J I ���5� — ��r � ,� J � � � Zt � �6 � s<< -� ��� bs N,� sa � � } �� �/ LZ � � �\ , ��� N � �� o z � �- � 6.0 TRAFFIC IMPACT ANALYSIS This section presents a comparison of conditions with and without the project at each analyzed intersection to determine the incremental effect of the proposed project on Year 2009 traffic conditions. Detailed calculations of the levels of service aze included in Appendix B. 6.1 Significant Traffic Impact Criteria In order to provide a quantitative basis for determining the significant traffic impact at a specific location, it was necessary to establish the criteria to be used in the analysis of intersections for this study. Based upon the City's traffic study guidelines, a project is considered to have a significant impact at an intersection if the following criteria are met: For Signalized Intersections: ■ the Delay value under "with project" conditions is �eater than 55.0 seconds per vehicle (LOS E or F),and ■ there is an Average Delay increase attributable to the project For Unsignalized Intersections: ■ the Average Delay under"with project" conditions is greater than 35 seconds per vehicle (LOS E or F), and ■ there is an Average Delay increase attributable to the project The potential significant impact at the key intersection should be mitigated to offset the Average Delay increment attributable to the project, and to bring back the level of service to pre-project or Cumulative Base conditions. 6.2 Year 2009 Cumulative Base Traffic Conditions The projected Year 2009 Cumulative Base peak hour traffic volumes were analyzed to determine the level of service for each of the analyzed intersections. As presented in Ta61e 6-1, 11 of the 14 key intersections would meet the City's LOS C goa� during the weekday midday,weekday PM, and Saturday midday peak hours,and the following intersections would operate at a LOS D or LOS E during the peak hour noted: 1. San Pablo Avenue at SR-111 (weekday midday,PM, and Saturday midday peak hours) 3. SR-74 at El Paseo (weekday midday and PM peak hours) 4. Ocotillo Drive at El Paseo (weekday midday peak hour) UNSCorT,Lnw 8 GttEEt�anw,englneers 32 'I'he Garduu on EI Pascoe Palm Desert A"�R(kY1C728SS11tepon,'_86&r�t-10-IG.O?doc TABLE 6-1 YEAR 2009 INTERSECTION PEAK HOUR LEVELS OF SERVICES 1 �2� 3 Year 2009 I'ear 2009 Sig ificant Cumutative Base Cumulative Plus Impact Project Ke Intersections Time Period Delay LOS De�ay LOS Yes/No Y (sec/veh) (sec/veh) 1. San Pablo Ave at Midday 58.5 E 58.3 E No SR-1116 PM 53.5 D 53.4 D No Sat.Midday 65.6 E 65.4 E No 2. Plaza Way at Mrdday 12.9 B 13.0 B No El Paseo PM 11.8 B I2.0 B No Sat Midday 11.8 B 12.0 B No 3. $R-74 at Midday 35.1 D 35.3 D No El Paseo PM 46.2 D 46.6 D No Sat.Midday 33.6 C 34.0 C No 4. Ocotillo Drive at Midday 25.6 D 27.3 D No El Paseo PM 17.5 C 18.2 C No Sat. Midday 17.7 C 18.7 C No 5. Sage Lane at Midday 16.4 C 17.0 C No EI Paseo PM 12.8 B 13.1 B No Sat. Midday 12.7 B 13.2 B No 6. Lupine Lane at Midday 14.0 B 14.6 B No El Paseo PM 11.8 B 12.1 B No Sat.Midday 12.2 B l2.7 B No 7. San Pablo Ave at Midday 19.4 B 19.7 B No EI Paseo PM 19.1 B 19.6 B No Sat.Midday 18.7 B 19.1 B No 8. Larkspw Lane at Midday 23.5 C 23.5 C No El Paseo PM 223 C 22.3 C No Sat.Midday 24.8 C 24.5 C No 9. San Luis Rey Ave at Midday 22.9 C 22.9 C No El Paseob PM 23.1 C 23.1 C No Sat.Midday 22.7 C 22.6 C No S Appendrs B contains HCM LOS shats for key study inursections. 6 Unda the HCM unsignalized methodology,it is possible to have better LOS under conditions with the project(in comparison to base conditions without the project),because the delay reported for the entire intersection is a weighted average of the different Vaffic movements on each approach based upon volumes. Therefore,the project-generated traffic may have been added to those movements with vcry good LOS,so that this benefit is further exemplified in the weighted average reported for the entire intersection. � UNSCo7T,Lnw&G�ENSPnN,engineers LLG Ref.2-07-2888 33 The Gardens on EI Peseo,Palm Desert \+2R(k�:2072S88�Repon-�RSB-qw-10-IG-07 dcx TABLE 6-1 (CONTINUED) YEAR 2009 INTERSECTION PEAK HOUR LEVELS OF SERVICE7 �l� Year 2009 �3� Year 2009 Significant Cumulative Base Cumulative Plus Impact Project Key Intersections Time Period �D�/�,h� LOS ���h� LOS Yes/No 10. Tumbleweed Lane at Midday 7.7 A 7.8 A No Shadow Mountain Dr PM 7.7 A 7.7 A No Sat. Midday 7.S A 7.6 A No 11. Lupine Lane at Midday 10.0 A 10.1 A No Shadow Mountain Dr PM 9.8 A 9.9 A No Sat. Midday 9.3 A 9.S A No 12. San Pablo Ave at Midday IO.S B 10.8 B No Shadow Mountain Dr PM 10.4 B 10.7 B No Sat. Midday 9.7 A 10.0 A No 13. Larkspw Lane at Midday 10.S B 10.7 B No Shadow Mountain Dr PM 1�.3 B 10.5 B No Sat. Midday 10.2 B 10.S B No 14. Shadow Mountain Dr Midday 7.4 A 7.4 A No Iromvood St PM 7.4 A 7.4 A No Sat. Midday 7.4 A 7.4 A No Notes; ■ LOS=Level of Service,please refer to Tables 3-1 and 3-2 for the LOS definitions. _ ■ Bold Dday/LOS values indicate adverse service levels based on City of Palm Desert LAS standazds. 'Appendix B contains HCM LOS shats for key study inursections. � LiNSCorr,Lnw 8 G�o�sPar,engineers LLG Ref.2-07-2888 34 The Gardens on El Paseo,Palm Desert \.';?BAP.�C7_'888'�Repom_NSA.rya-10-IG-D?dec e 6.3 Year 2009 Cumulative plus Project Traffic Conditions The Yeaz 2009 Cumulative plus Project peak hour traffic volumes were analyzed to determine the level of service for each of the analyzed intersections. Based upon the application of the significance criteria described previously, Table 6-1 indicates that the project is not expected to cause significant traffic impacts at any of the 14 key study intersections. Therefore,project-related mitigation measures are not necessary. LINSCo7T,Lnw&Gr�ENSPnN,engineers LLG Re£2-07-2888 35 The Gardens on El Paseo,Palm Desert \"�AOut207�8SSUtepnn�RSB-rp�-10-1P-07 do� 7.0 PARKING DEMAND ANALYSIS This parking study evaluates existing pazking conditions at The Gazdens on El Paseo (in terms of the number of vehicles actually pazked in the parking structure), calculates the number of Code-required parking spaces for the Saks Expansion and El Paseo Village components of the project, describes the basis and application of the Shared Parking concept, and compazes pazking demand to supply to determine any parking surpluses or deficiencies under future conditions with the project. Parking surveys were not performed at El Paseo Village due to the tenant vacation underway. 7.1 Parking Supply Based upon a comprehensive inventory of on-site/off-street spaces, it was determined that the existing parking supply for the project totals 919 vehicle spaces (plus 58 golf cart spaces) in The Gazdens' pazking structure, and 146 vehicle spaces in the El Paseo Village lot. The 919 vehicle spaces in the structure aze comprised of 455 spaces on the lower level and 464 spaces on the upper level. The 58 golf cart spaces in the structure consist of 48 spaces on the lower level and 10 spaces on the upper level. It should be noted that although prior development approvals for The Gazdens consider the 58 golf cart spaces in the structure as part of existing supply for The Gardens, those golf cart spaces have been excluded from the demand-versus-supply comparisons in this study as a conservative measure. On-street parking is provided along El Paseo, Lupine Lane, San Pablo Avenue, and San Luis Rey Avenue,and these on-street spaces have not been added to the supply inventory. Under future conditions with the completion of the project, 20 vehicle spaces would be removed from the structure, and 44 spaces would be added to the El Paseo Village parking lot, resulting in a future total off-street supply of 1,081 spaces (comprised of 899 vehicle spaces in the structure, and 182 spaces in the Village lot). 7.2 Parking Surveys at The Gardens on EI Paseo In order to determine the existing pazking characteristics at T'he Gardens' parking structure at various times throughout a typical day, a survey of actual parking utilization was conducted on the following days: ■ Thursday,Mazch 29, 2007 ■ Saturday, March 31, 2007 The vehicles parked in the structure were counted every hour, beginning at 10:00 AM and ending at l 0:00 PM. Table 7-1 presents the results of the pazking surveys performed at The Gardens' structure. 7.2.1 Existing Parking Demand in The Gardens'Parking Structure Table 7-1 indicates the existing parking supply of 919 spaces,the number of spaces occupied by time of day, the percent occupancy during each observation, and a comparison of the peak demand against supply indicating an e�sting parking surplus or deficiency. L�SCorr,Lnw&GREENSPaN,engineers LLG Ref.2-07-2888 36 The Gardens on EI Paseo,Palm Desert K.'2R;kl'�_Oi:tsSB'�Repon��R86•rpi-10.16-07 dce: TAe�e 7-1 PARKING UTILIZATION SURVEY RESULTS Thursday,March 29,2007 Saturday,March 31,2007 On-Site Parking Supply On-Site Parking Sapply Supply= 919 Minus Supply= 919 Minus Spaces Percent Demand Spaces Percent Demand Tirae Occupied Occupancy (spaces) Occapied Occupancy (spaces) 10:00 AM 262 29% 657 157 17% 762 11:00 AM 377 41% 542 321 3S% 598 12:00 PM 592 64% 327 461 SO% 458 1:00 PM 601 65% 318 665 72% 254 2:00 PM 679 74% 240 728 79% 191 3:00 PM 549 60% 370 635 69% 284 4:00 PM 427 46% 492 586 69% 333 5:00 PM 440 48% 479 650 71% 269 6:00 PM S36 58% 383 716 78% 203 7:00 PM 517 56% 402 657 71% 262 8:00 PM 416 45% 503 525 57% 394 9:00 PM 326 35% 593 365 40% 554 10:00 PM 187 20% 732 275 30% 644 � �Nscorr,V+w&GR�NSaaa,engineers LLG Ref.2-07-2888 37 Thc Gerdens on El Paseo,Palm Desert K;?R(kt3o7:s�iS�Kepon,=SSN•rFa-i u.i t�U?aoc As indicated in Table 7-1, the peak parking demand observed on Thursday, March 29, 2007, was 679 spaces, which occurred at 2:00 PM. This 679-space demand conesponds to 74% of the 919- space total parking supply being occupied. Table 7-1 indicates that the peak parking demand observed on Saturday, Mazch 31, 2007, was 728 spaces, which also occurred at 2:00 PM. This 728-space demand indicates that 79% of the 919- space total existing supply in the structure was occupied. The demand of 728 spaces on Saturday is considered the peak demand, since it is greater than the 679-space demand under Thursday conditions. Therefore, Saturday condirions provide the basis for the pazking demand analysis. Parking facilities with occupancy levels of 85% or more are typically considered "full"; therefore, The Gazdens' parking structure was not fully occupied during the Thursday and Saturday survey time periods. It should be noted that because The Gardens' parking structure is centrally located in the El Paseo Shopping District, and is unrestricted and open to the general public ("Public Parking" signs are posted along El Paseo that direct parkers to the structure), the structure currently serves the parking needs of The Gardens' visitors and employees,plus additional demand generated by the surrounding retail, restaurant, and office uses. Therefore, the results of the pazking utilization surveys (per Table 7-1)account for both The Gardens' and general public pazking demand. 7.2.2 Existing Parking Demand versus Supply in The Gardens'Parking Structure As indicated in Table 7-1, comparing the peak total demand of 728 spaces against the total supply of 919 spaces yields an existing pazking surplus of 191 spaces in The Gardens' structure. Therefore, there is adequate supply to serve the existing demand for The Gardens on El Paseo and additional public pazking demand generated by the surrounding commercial uses. In general, there are two methods that can be used to estimate a project's peak pazking demands. These methods include: ■ Application of City Code pazking ratios (which typically treat each use as a"stand alone" use at maximum demand); and ■ Application of shazed parking usage pattems by time-of-day (which recognizes that the parking demand for each land use component varies by time of day, day of week, andlor month of year). 7.3 City Code Parking Requirements The City Code/City-approved ratios used in this study include the following: - ■ General retail: 4 spaces per 1,000 SF ■ Office: 4 spaces per 1,000 SF ■ Restaurants: 10 spaces minimum, plus 10 spaces for each 1,000 SF for restaurants up to 3,000 SF,and 15 spaces for each 1,000 SF in excess of 3,000 SF ■ City-Approved parking ratio for The Gardens: 4 spaces per 1,000 SF � LINSCOTT,UW&GREENSPAN,eng'u�ee�s LLG Ref.2-07-2888 38 The Gazdens on EI Paseo,Palm Descrt _ \�;^_ROtv,��7'SRS�RryxmCRRR-q+t-10.1C-O7 dnc The application of City Code parking ratios to the project yields a total Code-based requirement of 587 spaces,comprised of the following: ■ 108 spaces for the 27,000-SF Saks Expansion in The Gazdens on El Paseo ■ 148 spaces for the 36,893 SF of retail in El Paseo Village ■ 63 spaces for the 15,734 SF of office in El Paseo Village ■ 268 spaces for the 20,207 SF of restaurant use in El Paseo Village 7.4 Shared Parking Analysis In order to estimate the parking needs of the project, and assure that sufficient parking is available for its proposed development program, the Shared Parking methodology was utilized. This goes beyond simply calculating the City Code requirement, and looks at the operational demand picture within the actual physical setting. The objective of this Shazed Parking analysis is to estimate the peak parking reqwirements for the various uses based upon their combined parking demand patterns. 7.4.1 Shared Parking Rationale and Basls Parking experience indicates that combining different land uses, whose parking demands peak at different times(of the day, week,and year), generally result in a parking demand that is significantly lower than "stand-alone" or "free-standing" facilities. In other words, a mixed-use development results in an overall pazking need that is less than the sum of the individual peak parking requirements for each land use(parking ratios/factors specific to each land use,or city parking code rates aze typically applied to these"stand-alone"developments). Given the mixed-use nature of the proposed project, with varying peak parking periods (early afternoon for retail, late morning for general office, and evening for restaurants), it is appropriate to utilize the Shared Parking concept in forecasting the overall parking demand for the project. The analytical procedures in a Shared Parking analysis are well documented in the Urban Land Instit�te's (LJLI's) Shared Parking (Second Edition) publication. The publication defines Shared Parking as"parking space that can be used to serve two or more individual land uses without conflict or encroachment." Therefore, Shared Pazking calculations recognize that whcn different uses shaze a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding the different parking profiles (by time of day or day of week) of each use comprising the mixed-use developmen� This is done rather than applying individual peak ratios to each land use component. There is an important common element between the traditional "code" and the Shared Pazking calculation methodologies. The peak pazking ratios, or "highpoint" for each land use's pazking profile, typically equals the "code" pazking ratio for that use. LINSCOrr,LAw&C��SPar,engineers 39 LLG Ref.Z-07-2888 The Gardens on EI Paseo,Palm Desert �.�aar,=o��sss�k�,oncsse-rp-io-t<.-o7ao,: 7.4.2 Shared Parking Ratios and Pro�les The hourly pazking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the project are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2"d Edition. The ULI publication presents hourly pazking demand profiles for seven general land uses: office, retail, restaurant, cinema, residential (Central Business District: CBD and non-CBD), hotel (consisting of separate factors for guest rooms, restaurantllounge, conference room, and convention area). These factors present a profile of pazking demand over time and have been used directly, by land use type, in the analysis of this project. The ULI retail use profiles are applied directly to the El Paseo Village retail component. In doing so, there is an intermediate step in expressing ULI profiles as a percentage of the week-long peak, thus arriving at a weekday profile and weekend profile each expressed as a percentage of the baseline pazking ratio (iJLI actually starts with separate ratios for weekday and weekend day, and develops profiles for each accordingly; it is more convenient to translate both profiles to a percent of expected maximum demand, which, for retail, turns out to be on a Saturday). The resulting profiles represent the most likely hourly parking demand profile, and are applied to the City's retail parking ratio of 4 spaces per 1,000 SF. Peak demand for retail uses occurs between 1:00 PM and 2:00 PM on weekdays, and between 2:00 PM and 4:00 PM on weekends. The ULI office profiles are also directly applied to the El Paseo Village office component. For office uses,peak demand occurs between 10:00 AM and 12:00 PM on weekdays and weekends, and between 2:00 PM and 4:00 PM on weekdays. The profiles are applied to the City's office pazking ratio of 4 spaces per 1,000 SF. The restaurant use profile applied in the study is based on fine/casual dining. Like the retail and office profiles, the restaurant profiles are derived from the ULI baseline. A parking ratio of 10 spaces per 1,000 SF was applied, based on parking studies LLG previously completed for cities adjoining Palm Desert. According to the Shared Parking publication, the peak demand for fine/casual dining uses occurs between 7:00 PM and 10:00 PM on weekdays, and between 8:00 PM and 9:Q0 PM on weekends. For the Saks Expansion at The Gardens on El Paseo,the hourly pazking profile was derived from the pazking survey results and applied in the Shazed Parking analysis. The resulting empirical profile was then applied to the City-approved parking ratio of 4.0 spaces per 1,000 SF for The Gardens. The pazking survey results, which correspond to the existing hourly pazking demand at The Gardens' parking structure, were incorporated directly into the Shazed Parking analysis. 7.4.3 Shared Parking Analysis Results Tables ?-2 and 7-3 present the weekday and weekend parking demand summaries for the project based on the application of the Shared Parking methodology. These tables present the parking accumulation characteristics and pazking demand for the proposed project and existing shopping LINSC0T7,LAW E�GREENSPAN,@nglllBB/S 40 LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desert �'r�sou:3c�_xss,xe�o�;=ese.��i-in-w-m aoc TABLE 7•2 WEEKDAY SHARED PARKING DEMAND ANALYSIS El Paseo Village El Paseo Gardens Lsnd Use Retail Fine/Casual Office Saks Dining Ezpansion Size 36.9 KSF 20.2 KSF 15.7 KSF 27.0 KSF EP Garden S6ared Supply Ratio[1] 4.0/KSF 10.0/KSF 4.0/KSF 4.0/KSF parking parking Minus Survey Spaces 148 Spc. 202 Spc. 63 Spc. 108 Spc. Results Demand Demand 1,081 Supply No.of No.of No.of No.of No.of No.of Surplus or Time of Day Spaces Spaces Spaces Spaces Spaces Spaces (Deficieacy) 6:00 AM 4 0 2 3 20 29 1,052 7:00 AM 10 6 17 7 50 90 991 8:00 AM 27 14 45 20 140 246 835 9:00 AM 58 21 58 42 200 379 702 10:00 AM 92 49 63 67 262 533 548 11:00 AM 117 87 60 85 377 726 355 12:00 PM 128 141 53 94 592 1,008 73 1:00 PM 133 141 54 97 601 1,026 55 2:00 PM 128 126 63 94 679 1,090 (9) 3:00 PM 122 83 60 89 549 903 178 4:00 PM 122 98 53 89 427 789 292 5:00 PM 127 144 30 93 44� 834 247 6:00 PM 127 175 15 93 536 946 135 7:00 PM 127 182 6 93 517 925 156 8:00 PM 109 182 4 80 416 791 290 9:00 PM 74 182 2 53 326 637 444 10:00 PM 42 175 1 31 187 436 645 11:00 PM IS 140 0 11 65 231 850 12:00 AM 0 49 0 0 0 49 1,032 Notes: Source: ULI-Urban Land Institute"Shared Pazking," Second Edition,2005. [1] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. LiNSCo7i,LAW&GREENSPAN,engineers LLG Ref.2-07-2888 - 41 7'he Gardens on EI Paseo,Palm Desert V`-2ROU`:?D7'3S8iRepnrt�R6A-rpi-10.1 G-07.doa T�s�7-3 WEEKEND SHARED PARKING DEMAND ANALYSIS EI Paseo Village EI Paseo Gardens Land Use Retail Fine/Casual Office Saks Dining Expansion Size 36.9 KSF 20.2 KSF 15.7 KSF 27.0 KSF EP Garden Shared Supply Ratio[1) 4.0/KSF 10.0/KSF 4.0/KSF 4.0/KSF Parkfng parking Minus Survey Spaces 148 Spc. Z02 Spc. 63 Spc. 108 Spc. Results Demand Demand 1,081 Supply No.of No.of No.of No.of No.of No.of Surplus or Time of Day Spaces Spaces Spaces Spaces Spaces Spaces (Deficiency) 6:00 AM 4 0 0 3 20 27 1,054 7:00 AM 11 6 1 7 50 7S 1,006 8:00 AM 24 9 3 I 8 80 134 947 9:00 AM 58 18 S 43 100 224 857 10:00 AM 85 23 5 b2 157 332 749 11:00 AM 106 49 7 77 321 560 521 12:00 PM 124 109 5 91 461 790 291 1:00 PM 136 118 S 99 665 1,023 58 2:00 PM 148 100 3 108 728 1,087 (6) 3:00 PM 148 100 2 108 635 993 88 4:00 PM 142 100 1 104 586 933 148 5:00 PM 135 133 1 98 650 1,017 64 6:00 PM 120 185 1 88 716 1,110 (29) 7:00 PM 113 193 0 83 657 1,046 35 8:00 PM 100 202 0 73 525 900 181 9:00 PM 79 185 0 57 365 686 395 10:00 PM 55 185 0 40 275 555 526 11:00 PM 23 l81 0 16 110 330 751 12:00 AM 0 101 0 0 0 101 980 Notes: Source: ULI-Urban Land Institute"Shared Parking," Second Edition,2005. [1] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. LwsCOrr,LAw&G�orsPnN,engineers LLG Ref.2-07-2888` 42 The Gardens on EI Paseo,Palm Dcsert T.;2R(NPti07�RRSViepon�SS6-rM-10.16-O7.doc center (The Gazdens) between 6:00 AM and 12:00 midnight, the expected overall,joint-use parking demand on an hourly basis, and the hourly parking surplus/deficiency compared to a future, total parking supply of 1,081 spaces. Appendix C contains the shared pazking analysis calculation worksheets for the weekday and weekend day pazking scenarios. As shown in Table 7-2, under weekday conditions, the project would generate a peak parking demand of 1,090 spaces, which is expected to occur at 2:00 PM. This 1,090-space weekday demand corresponds to a parking deficiency of 9 spaces when compared against the total parking supply of 1,081 spaces. Table 7-3 indicates that under weekend day conditions, the peak pazking demand for the project is 1,110 spaces, which is expected to occur at 6:00 PM. This 1,110-space weekend day demand corresponds to a parking deficiency of 29 spaces when compazed against the total parking supply of 1,081 spaces. The pazking shortfall of 29 spaces on a weekend day is considered the peak deficiency, since it is greater than the 9-space deficiency under weekday conditions. The 29-space shortfall will be reduced to 13 spaces through the addition of 16 vehicle spaces. The additional 16 spaces will be obtained by restriping the existing 58 golf cart spaces in The Gardens parking structure to convert them into 16 vehicle parking spaces. The resulting 13-space deficiency is considered nominal based upon the following considerations: ■ Due to the close proximity of the two sites (The Gardens and El Paseo Village), the application of the Shared Parking concept to the project combines the future parking lot at El Paseo Village and The Gardens parking structure into one parking pool, to be shared by both project components. Pedestrian connectivity between the two components is to be expected, given the tripmaking and pazking characteristics of visitors and employees of the El Paseo District. The City-run, public "Courtesy Cart" shuttle program (with ridership at its current peak since its inception in 2004) will help support the shared use of parking facilities for the project. ■ The shared parking demand analysis for the project is considered to result in conservative estimates of parking needs, and surplus or deficiency, because it does not take into account any reductions in the project's parking demand due to "walk-in" traffic from the other uses on El Paseo and the availability of on-street parking in the area. Based on traffic and pazking studies previously completed by LLG in similar areas (i.e., Beverly Hills"Triangle"), as many as 20%of trips could be attributed to"walk-in"traffic. ■ On-street parking is provided along EI Paseo, Lupine Lane, San Pablo Avenue, and San Luis Rey Avenue, and these on-street spaces have not been added to the supply inventory for the project. ■ The demand estimated for the project is conservative because it includes demand from other uses on El Paseo. It was difficult to isolate the project's parking demand from the surveys because The Gardens' parking structure is centrally located in the El Paseo Shopping - --- - � LINSCO7i,U,w&GREENSPAN,engineers 43 LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desett '::'�R(%Y�?07_'SrF�ReponLSBR-r�n-10-i6-07 do; District, and is unrestricted and open to the general public ("Public Parking" signs aze posted along El Paseo that direct pazkers to the structure). The structure currently serves the pazking needs of The Gardens' visitors and employees, plus additional demand generated by the surrounding retail, restaurant, and office uses, and parking for the City- run "Courtesy Cart" shuttle program. Therefore, the results of the parking utilization surveys (which were included in the shazed pazking analysis) account for both The Gardens' and general public parking demand. ■ The industry-based standard of 85% parking occupancy (corresponding to a 15% pazking contingency)is projected to be met at 12:00 PM, 1:00 PM,2:00 PM, 6:00 PM,and 7:00 PM on a weekday, and between 1:00 PM and 7:00 PM on a weekend day, but these may not necessarily translate to actual, operational pazking deficiencies based on the considerations discussed above. Furthermore, the pazking ratios (per City Code and design ratios) used as basis for the shared pazking analysis, and which were applied to the proposed uses for the project, akeady typically include a 15%parking contingency. LitrsCorr,LAW 8 GREENSPAN,engineers � LLG Ref.2-07-2888 The Gardens on EI Paseo,Palm Desert K.•280:�;?07=8&SUteponC88R-qu-10-I4-O7.doc HYDROL�GY REPORT FOR THE GARDENS ON EL PASEO SOUTHWEST CORNER OF SAN PABLO AVENUE AND EL PASED PALM DESERT, CALIFORNIA Prepared By: EKN ENGINEERING, INC. 1920 Main Street, Suite 850 Irvine, CA 92fi14 September 15, 2007 This Hydrology and Hydraulics Report was prepared under my supervision: By: Date: TABLE OF CONTENTS Introduction..................................................................................................Page 1 Methodolo9Y................................................................................................Page 1 Summary.....................................................................................................Page 1 � Attachment 1 10-Yr Hydrology Calculations......................... ..Page 2 ..................... Attachment 2 100-Yr Hydrology Calculations..............................................Page 8 Attachment 3 Catch Basin Capacity Calculation........................................Page 14 Attachment 4 Hyd�ology Map ....................................................................Page 15 INTRODUCTION This Hydrology Study was prepared for the devefopment of the Gardens on EI Paseo Project in Palm Desert, California. The site is approximately 2.8 acres and is situated at the southwest corner of San Pablo Avenue and EI Paseo Drive. The existing site consists of an office complex and drains generally to the aforementioned intersection. The proposed project will demolish the site and build a similar retail use. METHODOLOGY The Riverside County F1ood Control Department Hydrology Manual was used utilizing the Rational Method to determine the peak runoff from the site for a 10 and 100-year storm events. Flows from the site will be collected in drop inlets and conveyed via an underground storm drain system to a bubbler on EI Paseo Drive. The storm drain system has been hydraulicalfy sized to convey the 10-year storm event at"open-flow" conditions. Standard charts were used to size the on-site drop inlets. SUMMARY AND C�NCLUSION The totaf peak runoff from the existing site is 6.27 cfs and 10.63 cfs for a 10-year and 100- year storm event respectively. The total peak runoff from the proposed site is 7.68 cfs and 13.11 cfs for a 10-year and 100-year storm event respectively. 1 ATTACHMENT 1 ***.***�*****��***,***�*****+******.*****�***��*******�*�**#**************�* RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM BASED ON RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (RCFC&WCD) 1978 HYDROLOGY MANUAL (c) Copyright 1982-2007 Advanced Engineering Software (aes) (Rational Tabling Version 7.OD) Release Date: 06/O1/2007 Li.cense ID 1558 *********�******W,r******** DESCRZPTION OF STUDY *********+****:*******+r*,r,t * The Gardens on E1 Paseo ' * Palm Desert, CA * * 10-Yr Storm * ,t*�***+�,�,r.**+*.*��******+r*�*+*x�,r***t,r+r*,r******�*,t*++*�a********x*,t******* FILE I3AME: 0706810E.DAT TIME/DATE OF STUDX: 22::8 09/191200� ---------------------------------------------------------------------------- USnR SPECIFIED HYDk20L0�Y AND HYDRAULZ:, MODEL INFORMATION: ---------------------------------------------------------------------------- USER SPECIFIED STORM EVENT(YEAR) = 10.00 SPECIFIED MI?JIMUM PIPE SIZE(INCH) = b.00 SPECIFIED PERCENT OE GRADIENTS (DECIMAL) TO USE FOR FRICTION SLOPE = 1.00 2-YEAR, 1-HOUR PRECIPITATION(INCH� = 0.500 100-YEAR, 1-HOLR PRECIPITATION(�NCH) = 1.. 600 COMPUTED RAINFALL INTENSITY DATA: STORM EVEIdT = 10.00 1-HOUR INTENSITY(iNCH/HOJR) = 0. 962 SI,OPE OF INiENSITY D'JRATION CURVE = C.5900 RCFC&WCD HYDROLOGY MANUAL "C"-VALUES USED FOR RAT�CNAL METHQD NOTE: CCMPUTE CO:�IFLUENCE VALUES ACCORDI:3G TO RCrC&WCD i-iXDRO�OGY MANUAL AND �oNORE OTHER CONFLUENCE C0�9BZNATIONS FQR DOWNSTREAM ANALYSES Existing Condition *****yr7F**#*******kic***'k*****�kW'X******k******;Y**+***!"X*****�k***#'i1'***iF**7"k*'i** FLOW PROCESS FROM NODE 1.00 TO NODE 101.00 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ASSUMED INITTAL SUBAREA UNIFORM DEVELOPMEN:' IS APARTMENT TC = K* [ (LENGTH**3) / (��EVATION CHAI�GE) ]**.2 INITIAL SUBAREA F'�OW-LENGTH{FEET) = Sb0.00 UPSTREAM ELEVATION(FEET) = 297.00 DO'�vNSTREAM ELEVATION(FEET) = 239.?8 ELEVATION DIrFERENCE{FEET) = 7.82 TC = 0.323*[ ( 560.00**3}/( 7.82? ] **.2 = 9.530 10 YEAR RAINFA�L INTE'.�ISITY(INCH/HOUR) = 2.797 APARTMENT DEVELOPMENT RUNOFF COEFFICiENT = .8044 SOIL CLASSIFICATION IS "A" SUBAREA RU�iOFF(CFS) = 2.60 TQTAL AREA(ACRES) = 1.1� TOTAI� RUNOFF(CFS) = 2.60 *#�r****�k�i k*x**#�t*ir**�k,krr�t f.ir#t***#*Yr�r*ir Yr�/.,ti.+rx�t>1r,tiF+�r+.Yr�k+I.bwv,Y+a�r�ra.ra�+.�.�.r,!�.�h,t 2 FLOW PROCESS FROM NODE 101.00 TO NODE 102.00 SS CODE = 1 ---------------------------------------------------------------------------- »»>DESZGNATE INDEPENDENT STREAM FOR CONFLUENCE««< TOTAL NUM6ER OF STREAMS = 2 CON�LUENCE VALUES USED FOR INDEPENDENT STREAM 1 ARE: TIME OF CONCE�TRATION(MIN.) = 9.53 RAINFALL INTENSITX{INCH/HR} = 2.80 TOTAL STREAM AREA(ACRES) = 1.15 PEAK FLOW RAmE(CFS) AT CONFLUENCE = 2.60 x*��*++�****�*****�*******�****�******�*�********+�**+***+****t**�*********� FLOW PROCESS FROM �ODE 2.00 TO NODE 102.00 IS C�DE = 21 ---------------------------------------------------------------------------- »»>RATIONAL ME'PHOD INITIAL SUBAREA ANALYSIS««< ASSUMED INyTIAL SUBAREA UNIFORM DEVELOPMENT IS COMMERC�AL TC = K* [ (LENGTH**3) /(�LEVATION CHAtvGE) ]**.2 INITIAL SUBAREA FLOW-T.ENGTH(FEET) = 500.00 UPSTREAM ELEVATION(FEET) = 248.00 DOWNSTREAM ELEVATION(FEET) = 295.00 BLEVATION DIFFERENC�(FEET) = 3.00 TC = 0.303* [ ( 50d.b0**3) /( 3.00) ]**.2 = 10.126 10 YEAR RA�NFALL INTENSITY(INCfi/HOUR) = 2.700 COMMERCIAL DEVELOPMENT RUNOFF COE��FICIENT = .8539 SOIL C?�P.SSIFICATION IS "A" SUBAREA RUNOFF(CFS) = 3.76 TOTAL AREA(ACRES) = 1.63 TOTAL RUN�FF(CFS) = 3.76 �***,r�r,r*x,r*+,r****�,r**.,+**�*,r***+,r�**,r*****,r,r**�,r�*:*****,r*�,r**+*�,r�***r*:,r** FLOW PROCESS FROM NODE 102.00 '^O NODE 101.�0 IS CODE = 1 »»>DESIGNATE INDEPEI�D�NT STREAM FOR CONE'LUENCE««< »»>AND COMPU'"E VARSOUS CONFLUENCED STREAM VALUES««< iOTAL NUMBER OF STREAMS = 2 ^ CONFLliENCE VALUES US�D FOR INDEPENDENT STREAM 2 ARE: TIME 0� CONCENTRATION(MIN. ) = 10.13 RAINFALL INTENSITY(T:ICi-I/HR) = 2.70 TOTAL STREAM AREA(ACRES) = 1.63 ?EAK FLOW RATE(CFS) AT CONFLUENC� = 3.76 � ** CONFLUENCE DATA ** STRET�M RUAIOFF Tc INTEKSITY AREA ! NUMBER (:;F,`'i) (M:N.) (INCH/riOUR) (ACRE) 1 2.60 9.53 2.797 1.15 2 3.76 10.13 7_.700 1 .63 **.�+*�***.**++*�**.***�x��*+****+*WARN�NG�*#x**�x�**x�****+****a,:***.t;.;.,t�*r� IN THIS COMPUTER PROGRAM, TIIE CONFLUEI3CE VALUE USED IS BASED ON THE RCFC&WCD FORMULA OF PLATE D-� AS D�FAULT VALUE. THIS FORMULA W;LL NOT NECESSARILY RESULT TN THE MAXitiIUM VALUE OF PEAK FLOW. �,r**xx�***,r+******�**+**,�*�*******«.,*w******+*.*+�r**�+,**********�*v�***,r*** RAIIvFALL INTENSITY AND '�IME OE' CONCENTRATION RATIO CONFL'JENCE FORM:JLA USED �OR 2 STREAMS. ** PEAK FLOW RATE TABLE ** ' STREAM RUNOFF Tc TNTENSII'Y NJMBER (CFS} (MIN. ) (INCH/HOUR) 1 6.14 9.53 2.797 2 6.27 ].0. 1.3 2.700 � 3 � COMPUTED CONFLUENCE ESTTMATES ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 6.27 TC(MIN.) = 10.13 TOTAL AREA(ACRES) = 2.8 �ONGEST FLOWPATH FROM NO�E 1.00 TO NODE 101.00 = 560.00 FEET. Proposed Condition ***.**************�*******�**�***�****+********�**************�******�****** FLOW PROCESS FROM NODE 10.00 TO NODE 110.00 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANALYSIS««< ASSUMED INITIAL SUBAREA UNIF�RM DEVELOPMENT IS APARTMENT TC = K*[ {LENGTH**3)/(ELEVATION CHANGE) ]**.2 INITIAL SUBAREA FLOW-LENGTH(rEET) = 225.00 UPSTREAM ELEVATION(FEET) = 248.00 DOWNSTREAM ELEVATION(FEET) = 240.50 ELEVATION DIFF:RENCE(FEET) = 7.50 TC = 0.323* [ ( 225.00**3)/ ( 7.50? ]**.2 = 5.560 10 YEAR RAINFALL IN:ENSITY(INCH/HOUR) = 3.823 APARTMENT DEVELOPMENT RUNOFF COEFFICIENT = .6234 SOIL CLASSIFICATION IS "A" SCBAREA RUhOFF(C�'S) = 3.15 TOTAL AREA(ACRES� = 1.00 TOTAL RUNOFF(CFS) = 3.15 *.,r*,r***,+.,.***************��*******+�*****,r*,r*+*x****,r*****************++*++ E'LOW PROCESS FROM NODE 110.00 TO NODE 120.00 IS CODE = 31 ----------------------------------------------------------------------------- »»>COMPUTE PIPE-FLOW TRAVEL TIME THRU SUBAREA««< »»>USING COMPUTER-ESTIMA,TED PI?ESIZE (NON-PRESSURE FLOW)««< ELEVATION DATA: �PSTREAM(FEET) = 236.50 DOWIvSTREAM(FEET) = 235.70 FLOW LENGTH(FEET} = 133.00 :�IANtiING'S N = 0.010 DEPTH O� FLOW IN 12.0 I?VCH PIPE IS 8.7 INCHES PIPE-FLOW VELOC;TY(E'EET/SEC.) = 5.16 ESTIMATED PIPE DIAMETER(INCH) = 12.00 NUMBER OF PIPES = 1 PI?E-FLOW(Cr5) = 3.15 PIPE TRAVEL TI:^_E(MIN.� = 0.93 Tc(MZN.) = 5.99 LONGEST FLOWPATH FROM NODE 10.00 TO NODE 120.00 = 358.00 FEET. *Y��F*�******Yr�k*****�t�1#**�t*�k�r*#x�kJc**Y�k**#'*****4iF****!r*Yr**rtf*****�t#*�Y***�Y**�k Yt1c* FLOW PROCESS F'ROM Iv'ODE 20.00 TO NODE 120.00 IS CODE = 91 ---------------------------------------------------------------------------- »»>ADDITION OF SUBArZEA TO MAINLIATE PEAK FLOW««< 10 YEAR RAINFALL 7NTENSITY(INCH/HOUR) = 3.661 APARTMENT DEVELOPMENT RUNOFF COEFFICIENT = .8215 SOIL CLASSIFICATION IS "A" SU$AREA AREA(ACRES) = 1.07 5UBAREA RiINOFF{CFS) = 3.22 TOTAL AREA(ACRES) = 2.1 �OTAL RUNOFF{CFS) = 6.37 TC(MIN.) = 5.99 +�k�k�k,F#*#�M�k�ti�i�i.ir++e#i.i.#iri.�k**�,t�k,t,t�ki*i.ik�k**�.*rt#x�#f��k**++#*<A iryrlr,t*�k irir+,k+r+ir r ix#�k,t FLOW PROCESS FROM NODE 120.00 TO NODE i31.00 IS CODE = 31 ---------------------------------------------------------------------------- 4 »»>COMPUTE PIPE-FLOW TRAVEL TIME THRU SUBAREA««< »»>USING COMPUTER-ESTIMATED PIPESIZE (NON-PRESSURE FLOW}««< _____=____�___________-�----------------------- ELEVATION DATA: UPSTREAM(rEET) = 235.70 DOWNSTREAM(FEET) = 235.3� FLOW LENGTH(FEET) = 66.00 MANNING'S N = 0.010 DEPTH OF FLOW IN i8.0 INCH PIPE IS 10.5 INCHES PIPE-FLOW VELOCTTY(r'EET/SEC. } = 5.97 ESTIMATED PIPE DIAMETER(INCH) = 18.00 NUMBER OE' PIPES = 1 PIPE-FLOW(CFS) = 6.37 PIPE TRAVEL TIME{MIN.) = 0.18 TC(MIN.) = 5.17 LONGESi FLOWPATH FROM NODE 10.00 TO NO�E 131.00 = 424.00 FEET. *****�**�*************�*�*�*****�*��.*******+****+********�*******+**+�***** FLCW PROCESS FROM NODE 131.00 TO NODE 131.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< TOTAL NUMBER OF STREFIMS = 2 CONFLUENCE VAL'JES USED FOFt INDEPENDENT STREAM 1 ARE: TIME OF CONCr.NTRATION{MIN.) = 6.17 RAINFALL INTENSITY(INCH/HR) = 3.6U TOTAL STREAM AREA(ACR�'S) = 2.07 PEAK .LOW RATE(CrS) AT CONF:,UENCE = 6.37 ********+**W*********.******W**+*�*+�******,r,r***,..*******,r****«**,r**,t*****,r,r ^LCW PROCESS FROM NODE 30.00 TO NOp� 130.00 IS CODE = 21 -----------------------------------------•----------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA AIvALYSIS««< ^ ASSUM�D Ih2TIAL SL'BAREA UNIFORM DEVELOPM.ENT IS APARTMENT TC = K* [ (LENGTH**3) /{ELEVATION CHANGE) ]**.2 TNITIAL SUBAREA FLOW-LEt�1GTH(FEET) = 175.Q0 UPSTREAM EL�'VATION(FEET) = 247.00 COW.ISTREAM ELEVATIQN(FE�T) = 239.80 E�EVATION DIFFER�'NCE (FEET) = 7.20 TC = 0.323* [ ( 1'75.00**31 /( '7.20) ] '"*.2 = 4.821 COM�LTED TIME Or CONC3N'PRATION _TNCREASED TO 5 NfIN. 10 Y�AR RAIVFALL INTENSITY(INCH/HOUR) = 4.066 APARTMENT DEVELOPMENT RUNOFF COEFFICIEN'F = .8261 SOIL CLASSIFICATION IS "A" SUBAREA RUNOFF(CFS) = 0.57 TOTA:. AREA(ACRES) = 0.17 TOTAL RUtvOk'F(CFS) = 0.57 *,�**,:,r*.r�r**�**,r**********�***++***�*�*,���*********�****.�*>+w*�**�**�******* F'LOW PROCESS FROM NODE 130.00 TO NODE 1.31.00 IS CODE = 31 ---------------------------------------------------------------------------- »»>COMPUTE PIPE-FLOW TRAVEL TIME THRJ SUBAREA««< »»>USING COMPUTER-ESTIMATED ?IPESIZE (VOh-PRESSUR� FLOW)««< EL�VATIOhT DATA: UPSTREAM(Fr..ET} = 235.80 DOWNS':.'REAM(FEET) = 235.35 FLOW LENGTH(FEET) = 75.00 MANNIIvG'S IQ = 0.010 DEPTH OF FLOW IN 9.0 INCH P�PE IS 3.6 INCHES PIPE-FyOW V�LOCITY(FEETJS�C.) = 3.90 ESTIMA':ED PIP� DIAMETER(INCH) = 9.00 NUMBER OF PIPES = 1 PIPE-FLOW{CFS) = 0.57 ?IPE TRAVEL TIME(MIN.} = 0.37 Tc(MIN.} = 5.37 LCNGFST FLOWPATH EROM NODE 30.00 TO NODE 131.00 = 250.00 F'EET. ****.**+***,+,r****.*x«***�f**�*W**,.+**�.**+rf�****,r�***�+*****+*****W,r�*�rx*,r*,r F.LOW PROCESS FROM NOD� 131.00 TO NODE 132.00 IS CODE = 1 »»>DESIGNAiE INDEPENDENT STREAM FOR CONFLUENCF.«.<. S »»>AND COMPUTE VARIOUS COVFLUENCED STREAM VALUES««< _____________________====a=====__________=__________________=___==_____=_==_ TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 2 ARE: TIME OF CONCENTRATION(MIN.) = 5.37 RAINFALL INTENSITX{INCH/HR) = 3.90 TOTAL STREAM AREA(ACRES) = 0.17 PEAK FLOW RATE(CFS) AT CONFLUENCE = 0.57 ** CONFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) (MIN.) (INCH/HOUR) (ACRE) � 1 6.37 6.17 3.597 2.07 2 0.57 5.37 3.902 0.17 *r�,r::�*w+**:*#,rw***,r*******,r*:e,r*WARNING*********+*,+a*�*****++*****,r,t*+�**+r IN THIS COMPUTER PROGRAM, THE CONFLUENCE VALUE USED IS BASED ON THE RCEC&WCD FORMULA OF PLATE D-1 AS DEFAULT VALUE. THIS FORMULA WTLL NOT NECESSARZLX RESULT IN THE MAXIMUM VALUE OF PEAK rLOW. �.*+*+v�x*,r**,r**************+*�*�******�+*************�**+**��+******,r*.**� RAINFALL INTENSITY AND TiME OF CONCENTRATION RAiIO CONFLUENCE FORMULA USED FOR 2 STREAMS. ** PEAK FLOW rf2ATE TABiE ** STREAM RL'NOFF Tc INTENSITY NUMBER (CFS) (MIN.) (INCH/HOL'R) 1 6.10 5.37 3.902 2 6.89 6.17 3.597 COMPUTED CONFLUENCE ESTZMATES ARE AS FOLLOWS: PEAK FLOW RATE (CFS) = 6.89 TC{MIN. ) = 6.17 TOTAL AREA(ACRES) = 2.2 LONGEST FLOWPATIi FROM :�10CE 1�.00 TO NODE 131.00 = 424.00 FEET. �******+**�*x+++*,.********�*.+*+****.,r�*«,.********.***.+rt.*>**��*,�**,r**,r*.*� FLOW PROCESS FRON NODE 131.00 TO NODE 140.00 IS CODE = 31 ----------------------------------------------------------------------------- »»>COMPUTE PIPE-FLOW TRAVEL TI'�IE THRJ SUBAREA««< »»>USING COM.PUTER-ESTTMATED PIPESIZE (NON-PRESSURn FLO[+I)««< ____=___�________________________________________________________________�__ ELEVATION DATA: UPSTREAM(FEETj = 235.35 DdG1:JSTREAM(FEET) = 234.40 FLOW LENGTH(FEET) = 20�.00 MANNING'S' N = 0.p10 DEPTH OF FLOW IN 18.G TNCH PIPE I5 11.5 INCI?ES PIPE-FLOW VELCC_T'PY(FEE:.'/SEC.) = 5.76 ESTIMATED PIPE DIAMETER(INCH) = 18.Q0 AIUMBER OF PIPES = 1 PIPE-FLOW(CFS) = 6.89 PIPE TRAVEL TIME(MIN.} = 0.59 TC(MTN.) = 6.77 LCVGEST FLOWPATH FROM NOUE lO.OG TO NODE .190.00 = 629.00 FEET. *,r*�********x******x**+*�*+**,�*�*:********+*****+****,r+�r********+*********** FL�W PROCESS E'ROM NODE 19Q.00 TO NODE i4C.Q0 IS CODE = 1 --------------------------------------------------------�-------------------- »»>DESIGNATE INDEPENDENT �TREAM FOR CONFLUENCE««< -- -----------------------=______=____=____=________ TOTAL NUMBER CF STREAMS = 2 CONFLUENCE VALUES USED FOR IN�EPENDEiVT S'_"REAM 1 ARE: TIME OF CONCENTRATION(MZN.) = 6. 77 RAINI'ALL INTENSITY(INCH/H�) = 3.91 TOTAL STREAM AREA{ACRES) = 2.24 PEAK FLOW RATE(CFS) AT CONFLUENCE = 6.89 ��***:F1F�Mfeil��k**�t�k�F**�4##�F�t M-�F*i:*�h**�t#rr*�t�F*ic�k**xx�kk 1.*t1r**ir*�k-k�Ih**+f t+**�F+r+rY.y�f I.�4i..4 V FLOW PROCESS FRCM NODE 40.00 TO NODE 140.00 ?S CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL MET60D INITIAL SUBAREA ANALYSIS««< ASSUMED INITIAL SUBAREA UNIFORM DEVELOPMENT IS APARTMENT TC = K*[ (LENGTH**3)/ (ELEVATION CHANGE} ] **.2 INITIAL SUBAREA ELOW-LENGTH(FEEi) = 4B0.00 UPSTREAM ELEVATION(FEET) = 293.00 DOWNSTREAM ELEVATION(FEET) = 239.3Q ELEVATION DIF�ERENCE(FEET} = 3.70 TC = 0.323*[ ( 480.00**3) /( 3.70) ] **.2 = 10.C90 10 YEAR RAINFALL INTENSITY{INCH/HOUR) = 2.706 APARTMENT DEVELOPI�NT RUNOFF COEFFICT_ENT = .8p�9 SOIL CLASSIF�CATION �S "A" SUBAREA RUtiOFF(CFS) = 1.18 TOTAL AREA(ACRES) = 0.54 TOTAL RUNOFF{CFS) = 1.�.8 +*�***�********++*****x*r*�.**�******+*�+#*,r***�.******,+�****+***+**,.*,�f****�* FLOW PROCESS E'ROM NODE 140.Q0 TO NODE i40.00 IS COCE = 1 ----------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< »»>AND COMPUTE VARIOUS CONFLUENCED STREAM VALJES««< TQTAL NCMBER OF STF2EAMS = 2 CONFi,UEtvCE VALi7ES USr�D FOR INDEPENDENT STREAM 2 ARE: TIME OF CONCENTRATION{MIN.) = 10.09 RAINFALL INTENSITY(INCH/HP,) = 2.71 TOTAL S^REAM AREA{ACRES) = a.59 ?EAK rLOW RATE(CFS) AT CONFLUENCE = 1.18 ** CONFL`JENCE DATA ** STREAM RL'NOFF Tc INTEVSITY AREA NUMBER {CE'S) (MIN.) (INCH/HOLTR) (ACRE) 1 6.89 6.77 3.411 2.24 2 �.18 10.09 2.706 b.54 ���***xv��***,t**,r**#****,r**.r***k**WARNING**++x***,r***++*r******x**+*+**�*** .iV THIS �CMPUTER PRCGRAM, THE CONFLUENCE VALUE USED IS BASED ON THE RCFC&WCD FORMULA Or PLATE D-1 AS DEFAULT VALUE. THIS FORM[JLA WIL� NOT NEC�SSARILY RESU;,T II� THE MAXIMUM VALUE OF PEAK FLCW. ,r***,e++r****�****:**i+***********�xx�******t�,r***,+*�,.***.***�**.r**�,r��****;* RAiNFALL TNTENSITY AND 'PIME OI' CONCENTRATION L2ATI0 CCNFLUENC� FORMULA USED FOR 2 STREF,MS. ** PF.AK FLOW RATE TABLE ** STREAM RUNOFF TC iNTENSITY NliMBER (CFS) (MIN.) {INCH/HOCR} _ 7.68 6.77 3.411 2 6.65 10.09 2.706 CQNfPUTED CONFLUENCE ESTIMAT�S ARE AS FOLLOWS: PEAK FLaW RAmE(CFS) = 7.EB Tc(�?IN.) = 6.7'] TOTAL AREA(ACRES) = 2.8 LONGEST FLOWPATt�I FROM NCJE i.0.00 TO NODE i90.00 = 629.00 FEET. -------�_____________________________________ END OF STUDY SUMMARY: TOTAL AREA(ACRES) - 2.8 TC(MIN. ) = 6.77 PEAK FLOW RATE(CFS) = 7.68 ----------------------------- END nF RATIONAL METHOD ANALYSIS 7 ATTACHMENT 2 ,.********�******************.*********,�*�*�*****�**.*x**************.*****�� RATIONAL METHOD HYDROLOGY COMPUTER PROGRAM BASED ON RIVERSIDE COtJNTX FLOOD CONTROL � WATER COI3SERVATION DISTRICT (RCFC&WCD) 1978 HYDROLOGY MANUAL (c) Copyright 1982-2007 Advanced Engineering Software (aes) (Rational Tabling Version 7.CD) Reiease Date: 06/Oi/2007 License ID 1558 *,rx**,r****t+****+***,r*,r,t*,r DESCRIPTIOt� OF STUDY ***+,r�++*+,r*,r*,t****+*+*++* * The Gardens on E1 Paseo * * Palm Desert, CA '" * 100-Yr Storm * t*****�****.******,�**+***�.***.*****.�****.*.***��*�**********�*******�**� FILE NAME: 07068100.DAT TIME/DATE OF STUDY: 22:44 09/14/2007 ----------------------------------------------------------------------------- USER SPECTFIED HYDROLOGY AND HYDRAULIC MODEL INFORMATION: ----------------------------------------------------------------------------- USER SPECIFIED STORM EVENT(YEAR) = 100.00 SPECIFTED MINIMUM PIPE SIZE{Ii�iCH) = 6.00 SPECIFIED Pr.RCEIvT OF GRADIENTS(DECIMAi�) TO USE FOR FRICTION SLOPE = 1.00 2-YEAR� 1-HO[3R PRECIPITRTION(TNCH) = 0.50Q 100-YEAR, 1-HOUR PRECIPITATION(IDICH) = 1.600 CONPUTED RA2I3FALL INTEhSITY DATA: STORM EVENT = 100.00 1-HOUR INTENSITY(INCH/HOUR) = 1.6C0 SLOPE �F INTENSITY DUI2ATION CURVE = 0.5800 RCE'C&h'CD HYDROLOGY M.AIv'UAL "C"-VALUES USED FOR RATIONAL METHOD NOTE: COMPUTE CONFLUENCE VAi.�UES ACCORDING TO RCFC&WCD HYDRdLOGY MAIGUAL AND IGNCRE OTB�R CONFLUE'�CE COMBINATIO:JS FCR DOR'NSTREAM ANALYSES Existing Cond.ition *****�***�*,.*************z�***�.******w***..�*****�****�***�********�******* FLOW PROCESS FF20M NODE 1.00 TO NODE 101.00 IS CODE = 21 ------------------------------------------------------------------------------ »»>RATIONA:, VETHOD INITiAL SL'BAREA ANALYSi5««< ASSTJMED INITIAL SUBAREA UNIFORM DEVELOPMENT IS APARTMENT TC = K*� (LENGTfi**3) /(E�EVATION CHANGE) ] **.2 INITIAL SUBAREA FLOW-LENGTH(FEET) = 560.00 UPSTREAM ELEVATION(FEET) = 297.00 DOWNSTREAM ELEVATION(FEET) = 239.18 �.LEVATION DIrFERENCE(FEET) = 7.82 TC = 0.323*[ ( 56Q.00**3) / ( 7_82) )**.2 = 9.�30 100 YEAR RAINFALL INTr,NS�TY(INCH/HOUR) = 4. 651 APARTMENT DEVELOPMENi RLTNOFF COEFCTCIENT = .8319 SOIL CLASSIFICATION IS "A" SUBAREA RUNOFF(CFS) = 4.95 TOTAL AREA(ACRES) = 1.�5 '"OTAL RUNOFF(CFS) = 9.95 +*****v�*+**�**,r,r***�#******a****,rr****�**�t*,r****�***:r**,r******,t*********+*** 8 FLOW PROCESS FROM NCDE 101.00 TO NODE 102.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALUES USED FOR INDEPENDENT STi2EAM 1 ARE: TIME OF CONCENTRATTON(MII3.) = 9.53 RAINFALL INTENSITX{INCH/HR) = 4.65 TOTAL STREAM AREA(ACRES) = 1.15 PEAK ELOW RATE(CFS) AT CONrL,UENCE = 4.45 ****+�********�******��*�*************+*******+***�*****,r«�**,r*.**�*�***+*�* FLOW PROCESS FROM NODE 2.00 TO NODE IO2.00 IS CODE = 21 ------------------------------------------------------------------------------ »»>RATIONAL METHOD INITIAL SUBAREA ANRLYSIS««< ----------------------------------------------------------------------------- ASSUMED INITIAL SUBAREA UNIFORM DEVELOPMENT IS COMMERCIAL TC = K*[ (LENGTH**3)/(ELEVATION CHANGE} ]**.2 INITIAL SUBAREA FLOW-LENGTH(�'EET) = 500.00 tJPSTREAN: ELEVATION(^EET) = 248.00 DCWNSTREAM ELEVATiON(FEET) = 295.OG ELEVATION DIFFERENCE{FEET) = 3.00 TC = 0.303* [ ( 500.00**3) /( 3.00) j**.2 = 10. 128 100 YEAR RAIN�ALL INTENSITX(INCH/HOUR} = 4.490 COMME'RCIAL DEVELOPMENT RUNOFF COEFFICIE2vT = .86�2 SOIL CLASSIFICATION IS "A" SliBAREA RUNOFF;CFS) = 6.33 TOTAL AREA(ACRES) = 1.63 TOTAL RUNOFF(CcS) = 6.33 **�**+**+*******,r*�r******+**+*************+***+***.*x,r*****�****�*�**.�,r:r**� FLCW PROCESS FROM NCDE i02.00 T� NODE 101.00 :S CODE = 1 ----------------------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAN, FOR CONFLUENCE««< »»>AND COMPUTE VARIOUS CONFLUENCED STREAM VAL'JES««< TOTAL NUMBER OF STREAM.S = 2 CONFLUENCE VALUES USED FOR INDEPEND�NT STREPu�I 2 AktE: TIME OF CONCENTRATION(MIN.) = 10.13 RAINFALL INTENSiTY(IIGCH/HR) = 4.49 TOTAL STREAM AR�A(ACRES) = 1.63 PEAK FLOW R�1TE{CFS) AT CONFLUENCE = 6.33 ** CONFiUENCR DATA ** STR�AM R'JNOF� TC INTENSITY AREA NL'MBER (CFS) (MIv. ) (INCH/i-IOliR) (ACRE) :i. 4.45 9.53 4.651 1.15 2 6.33 10.�3 4.490 1.63 ***+***++. t**+,r******+*,.***«*+*,t*WARNIIJG++**�**a*********x�***�*****�****,r* IN THIS COMPUTER PROGRAM, THE CONFLUENCE VALUE USED IS BASED ON THE RCFC&WCD FORMULA OF PLATE D-1 AS DEFAULT VALUE. THIS FORMULA W?LL NOT NECESSARILY RESULT IN THE MAXIML;Nf VALUE OF PEAK FLOW. �***�***#*;�*�*+�,r�****,�,r*,r*****x*******W*********+**�**W�**x***�***�***�** RAINFALL INTENSITY AND TIME OF CONCENTRATION RATIO CONFLUENCE FORMLI�A GSED FOR 2 STREAMS. ** PEAK FLOW RATE TABLE ** S^REAM RUVOFF Tc INTENSITX NU[�513ER (CFS} (MIN.} (INCH/HO'JR) 1 Z0.41 9.53 4.651 2 iC.63 10.7.3 4.q9p 9 COMPUTED CONFLUENCE ESTIMATES ARE AS FOLLOWS: PEAK FLOW RATE(CcS} = 10. 63 Tc(MIN.} = 10.13 TOTAL AREA{ACRES) = 2.6 LONGEST FLOWPATH FROt�f NODE 1.00 TO NODE 101.00 = 560.00 FEET. Proposed Condition ,r*,t,r***,r*+�+*���+.,t*�********�tr*t*****+r****++r��*w*****,t+*,r**+,t*,r*****t**,t.** FLOW PROCESS FROM I30DE 10.00 TO NODE 110.00 IS CODE = 21 ---------------------�------------------------------------------------------ »»>RATIONAL METHOD INTTIAL SUBAREA ANALYSIS««< ASSUMFD INITIAL SUBAREA UNIFORM DEVELOPMENT TS APARTMENT TC = K* [ (L�NGTA**3) /(ELEVATION CHANGE) ]**.2 INITIAL SUBAREA FLOW-LENGTH(FEET) = 225.00 UPSTRnAM ELEVATION(FEET) = 298.00 DOWNSTREAM ELEVATIQN(FEET) = 240.50 ELEVATION DIFFERENCE(FEET) = 7.50 TC = 0.323* � ( 225.00**3)/ ( 7.50) ] **.2 = 5.560 100 YEAR RAINFALL INTENSITY(INCH/hOUR) = 6.358 APARTMENT DEVELOPMENT RGNOFE COEFFICIENT = .8945 SOIL CLASSIFICATION IS "A" SUHAREA RUNOFF(CFS) = 5.37 TOTAL AREA(ACRES) = 1.00 TOTAL RL':�IOFF(CFS) = 5.37 ******,r,r,r*,r******v�*****�***�**��***,r*«***�*******+****�tvr*�***.******,c**�+*** F'LOW P�OCESS FROM NODE liG.O� TO NODE 120.00 IS CODE = 31 ------------------------------------------------------------------------------ »»>COMPUTE PIPE-FLOW TRAVEL iIME THRU SUBAREA««< »»>JSING COMPUTER-ESTIMA�ED PIPESIZE (;�0?V-FRESSURE FLOW)««< ----- ----------�---- ELEVATIOiv DATA: UPS:'REAM{FEET) = 236.50 DCW?�1STREAM(FEET) = 235.70 FLOW LENGTH(F?ET} = 133.00 MANNII�G'S N = 0.010 DEPTH OF FLOW IN 15.0 INCi-I PIP� IS 10.4 INCHES PIPE-FLOW VELOC�TY(FEET/Sc,C.) = 5_93 ESTIMATED PIPE DIAMETER(INCS) = 15.00 NCTMBER OF PIPES = 1 PIYE-FLOW(CFS) = 5.37 PIPE TRAV�L TIME(MIN. ) = 0.37 'iC(MIN.) = 5.93 LONGEST FLOWPATH FROM NODE 10.00 TO NODE 120.00 = 358.00 FEc,T. *+**>+*****�*r**,.�**+�r*********.*a*�*,r***,�**,r#*,r+�*.+**W****+,r**+*****,r**.** FI,OW PROCESS FROM NODE 20.00 TO NODE 120.00 IS CODE = 81 ---------------------------------------------------------------------------- »»>ADDITION OF SUBAREA TO MAINLZNE PEAK FLOW««< - -----------------------------------=-----�=_____ 100 YEAR RAIVFALL INTENSIIY(INCH/HOUR) = 6.122 APARTMENT DEVELOPMEtQT RUNOFF COEFFICIENT = .$93; SOIL CLASSIrICATION IS "A" SUBAREA AREA(ACRES) = 1.07 SUBAREA RUNOFF(CFS) = 5.52 TOTAL AREA(ACRES) = 2,1 TOTAL RUNOFF(CrS) = 10.89 TC(MIN.) = 5.93 �****�w�***,t******�*++*,r�*�«*.**�*****x**�****+,*.*************#W************ FLOW PROCESS E'ROEVI NODE 12C.Q0 TO NODE i31.00 1S CODE = 31 ----------------------------------------------------------------------------- »»>CdMPUTE PIPE-FLOW TRAVF,L TIME .THRU SUBAREA««< »»>USThG COMPUTER-ESTI.^4ATED PIPESIZE (NON-PRESSURE FLOW}««< - ---------------------------------=------=---=---------- ELEVATION DATA: UPSTREAM(FEET) = 235.70 COWNST�EAM(FEET) = 235.35 IQ FLOW LENGTH(FEET} = 66.00 MANNING'S N = 0.010 DEPTH OF FLOW IN 21.0 INCH PIPE IS 13.3 INCHES PIPE-FLOW VELOCITY(FEET/SEC. ) = 6.8Q ESTZMATED PIPE DIAMETER(�NCH) = 21.00 NL'MBER OF PIPES = 1 PIPE-FLOW(CFS) = 10.89 ?IPE TRAVEL TIME(MIN. ) = 0.16 TC(MIN.) = 6.10 LONGEST FLOWPATH FROM NODE 10.00 TO NODE 131.OG = 924.00 FEET. *+*****+*****�w***a�*******�k��k�*t***************�******�*a*wx*�****e**�W***t rLOW PROCESS FROM NODE 131.00 TO �ODE 131.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEPENDE�T STREAN: FOR CONFLUENCE««< ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- TOTAL NUMBER Or STREAMS = 2 CONFLUENCE VALUES USED FOR INDEPENDENT STREAM 1 ARE: '�'IME OF CONCENTRATION(MiN.} = 6.10 RAINFALL INTENSITY(INCH/HRy = d.03 _^OTAL STREAM AREA(ACRES) = 2.07 PEAK FLOW RATE(CFS) AT COI�FLUEf10E = 10.89 f*�t***�k*•k*�k*�tt�r**#*�k�lr�kyr�k*y:*�k+�t**�k�k1F�k*�k**�tiF*Y�#�ktr�k*�k�kYriY�h**�k*****#*ik****�!*�t***+ FLOW PROCESS FROM :VODE 30.OQ TO NODE 130.00 IS CODE = 21 ---------------------------------------------------------------------------- »»>RATIONAL METHOD INITIAL SUBAREA ANPLYSIS««< ASSUM�� INITIAL SUBAREA UNIFORM ^^ DEVELOPMENT IS APARTMEt�T TC = K*[ (LENGTH**3) /(ELEVATION CHAIv'GE) ] **.2 INITIAL SUBAREA FLOW-LENGTH(FEET) _ :.75.00 :JPSTREAM ELEVATION(FEET) _ ?97.00 DOWNSTFLAM ELEVATION(FEET} = 239.80 �LEVATTON AIFFERENCE(FEET) = 7.20 TC = 0.323*[ ( 175.00**3) /( 7.20) : **.2 = 4. 821 COMPtiTED TIME OF CO!JCENTRATION INCREASED i0 5 MIN. 100 YEAR RAIVFALL TNTENSITY(I:�CH/HOUR) = 6.762 A?ARTMENT DEVELOPMEN^ RUNOEk' COEFFICIENT = .6468 SOIL CLASSIFTCATICN IS "A" SJ3AREA RUNOFF{CFS} _ �, 97 TOTAL A�EA(ACRES) = 0.17 TOTAL RUNOFF(CFS) = 0.97 ***��*��*�*,r*********,r**�r**x�****x**+*.*********�r***,r*********+**�**********+ FLOW PROC�SS FROM NOD� 130.00 TO N�DE 131.00 IS CODE = 31 ---------------------•------------------------------------------------------- »»>COMPUTE PZPE-FLOW TRAVEL ^.INF THRU SUBAREAG«« »»>USING COMPUTER-ESTIMATED PIPESIZ�� (NON-PRESSURE FLOW)««< -----------------------------=---------=--- ELEVATION DATA: UPSTREAM(,�E^}  235.80 DOWNSTREAM(FEET) = 235.35 'r'LOW' LENGTH(FEET) = 75.CO MA:INING'S N = 0.O10 DEPTH OF FLOW IN 9.0 INCH PIPE IS 5.0 INCH�S PIP$-FLOW VELOCTTY(FEET/SEC.) = 3. 91 ESTIMATED PI2E DIAMETER(INCH) = 9.00 NU:�;3ER OF PIPES = 1 PIPE-FLOW(CFS) = 0.97 PIPE TRAVEL TIME(MIV. ) = 0.32 Tc(MIN. ) = 5.32 LONGEST FLOWPATH FROM NOD,:. 30.00 TO NODE 131.00 = 250.00 FEET. ir�k***�kt*k*******tyr�t***�.***�Fie*Rx�k********iM�k�k;F**+*�F***�k*YriF*****�Y�k*�k*ic*+�kx�4**** Fi.OW PROCESS FROM NODE �3i.00 TO NODE 131.00 IS CODE = 1 ----------__----------------------------------------------------------------- »»>DESIGNATE INDEPENDENT STREAM FOR CONFLUENCE««< »»>AND COMPUTE VARIOUS CONFLUENCEp STREAM VALUES««< -----------------------=---=-------�________=____-___=____ TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALL'ES US�'D FOR INDEPEI�TDENT STREAM 2 ARE: ll TIME OF CONCENTRATION(MIN.) = 5.32 RAINFALL INTENSITY(INCH/HR) = 6.52 TOTAL STREAM AREA(ACR�S) = 0.17 PEAK FLOW RATE(CFS) AT CONFLUEN�E = 0.97 ** C�NFLUENCE DATA ** STREAM RUNOFF Tc INTENSITY AREA NUMBER (CFS) {MIN.) (INCH/HOUR) (ACRE) 1 10.89 6.10 6.027 2.07 2 0.97 5.32 6.523 0.17 ***+*K*,r,r***�,��*,t*********+**,r*,t*WARNING**�**r*�*�*�**,r*****,r,�***+�*+***,r,t IN THIS COMPUTER PROGRAM, THE CONFLUENCE VALUE USED IS BASED ON THE RCFC&WCD FORMULA OF PLATE D-1 AS DEFAULT VALUE. THIS FORMULA WILL NOT NECESSARILY RESULT IN THE MAXIMUM VALUE OF PEAK FLOW. *****��**,r*******�+*.****t******�*****,.********�*.**+****w*******,.******** RAINFALL INTENSIiY AND TIME 0� CONCENTRATION RATIO CONFLUENCE FORMULA USEQ FOR 2 STREAMS. ** PEAi{ FLOW RATE ':A3LE ** STREAM RUNOFF TC �NTENSITY NL'MBER (CFS) (MIN.) (TNCH/HOUR) 1 10.98 5.32 6.523 2 11.79 6.10 6.027 COMPUTED CONFLUENCE ESTIu.ATE5 ARE AS FOLLOWS: PEAK FLOW RATE(CFS) = 11.'79 Tc{MIN.) = 6.T0 TOTAL AREA(ACRES) = 2.2 LONGEST FLOWPATH FROM NODE 10.00 TO NODE �.31.00 = 424.GC FEET. **rc+**t�k#it�kiri�ir*#**�k�rit***irxirYr+x�lr##*ir•kiclr*it***�k ir*4 ir**rt**ir#�k�k*�k*it+it Yr#*t!r#�t+*irY�ir* FLOW PROCESS F�OM NODE 131.00 TO tvOvE 190.00 IS CODE = 31 ----------------------------------------------------------------------------- »»>COMPUTE PIPE-FLOW TRAV�:, TIME THRU SUBAREA««< »»>TJS?NG COMPUTER-ESTIMATED PIPESIZE (NON-PRESSURE FLOW)««< ELEVATION DATA: I7PSTREAM(F�ET) = 235.35 DOWNSTREAM(FEET) = 234.90 FLOW LEI3GTH(FEET) = 2C5.00 MANNING'S N = O.G':.0 DEPTH OF FLOW IN 21.0 INCH PIPE IS 14.7 SNCHES PIPE-FLOW VELOC�TY(FEET/SEC.) = 6.53 ESTIMATED PZPE DIAMETER(INCH) = 21.00 NUMBER OF PIPES = 1 PIPE-FLOW{CFS) = 11.79 PIPE TRAVEL TIME{MIN.} = 0.52 Tc(MIN.) = 6.62 LONGEST FLOPJPATH FROM t�ODE 10.00 TO NODE 14C.00 = 629.00 FEET. ,tW*ir��,t*ir***,t,t*,t,t*#*+r*****�t*,t,t*****,tt,t,rir,t,t****,rirx*+**t,tw,t*,t**��*,k,r#w�i.**,t,t,t,r FLaW PROCESS FROM NODE 140.CQ TO '.�IODE 140.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE INDEP�NDENT S:REAM FOR COIvrLUENCE««< TOTAL NLTMBER Oc STREAMS = 2 CONFLUF.NCE VA?�LIES USED FOR INDEPEIvDENT STREA.^�I 1 ARE: TIME OF CONCENTRATION(MIN.) = 6.62 RAINFALL INTFNSITY(INCH/HR) = 5.75 TOTAL S�REAM AREA(ACRES) = 2.24 PEAK FLOW RATE(CFS) AT COIv'FL"JENCE = 11.7 9 ,t#�k#,t**+,t*�kx,txrt�r#f�lr�k,tfi�k�k*�ki+iclfit�,Y+�4A�w�kirW�*ir,k,t##irirfrir�k,F+#:k�k�k�k+i��ki.+,t�k�F,t�ti�+�k+i��k# I'LOW PROCESS FROM NODE 40.00 TO NODE 140.00 IS CODE = 21 ----------------------------------------------------------------------------- »»>RATIONAL D;ETH�D INITIRL SUBAREA ANALYSIS««< 12 ASSUMED INITIAL SUBAREA UNIFORM AEVELOPI�3ENT IS APARTMENT TC = K* [ (LENGTH**3) /(ELEVATION CHANGE) a**.2 INITIAI. SUBAREA FLOW-LENGTfi(F�,ET) = 480.00 UPSTREAM ELEVATION(FEET} � 293.00 DOWNSTREAM ELEVATION(FEET) = 239.30 ELEVATION DIFFERENCE(FEET) = 3.")0 TC = 0.323*[ ( 480.00**3)/! 3.70) ]**.2 = 10.090 100 YEAR RAINFALL INTENSITY(INCH/HOUR) = 9.500 APARTMENT DEVELOPMENT RUNOFF COEFFICI�NT = .8305 SOIL CLASSIFICATION IS "A" SiJBAREA RUNOFF(CFS) = 2.02 TOTAL AREA(ACRES) = 0.54 TOTAL RUNOFF(CFS) = 2.02 �t�x**x*�Fir�F*�k*ic*�kir*i:t***#***+t**�hie*�t**�k�lt�kiri'�1'****##�t�t*iF*t*.Fi*,k1r�t�t#�k�kt+t*irt*ir#ac�t�k FLOW PR�CESS FROM NODE 190.00 TO NODE 140.00 IS CODE = 1 ---------------------------------------------------------------------------- »»>DESIGNATE TNDEPENDENT STREAM FOR CONFLUENCE««< »»>AND COMPUTE VARIOliS CONFLUENCED STREAM VALUES««< TOTAL NUMBER OF STREAMS = 2 CONFLUENCE VALiJES USED FOR INDEPENDENT STREAM 2 AItE: TIME OF CONCENTRATION(MIN. ) = 10.C9 RAINFALL INTENSITX(INCH/HR} = 9.50 TOTAL STREAM AREA(ACRES} = 0.54 P�'AK FLOW RATE(CFS) AT CONF.T�tiENCE = 2.02 ** CONFLUENCE DATA ** STREAM RU;10FF Tc INTENSITY AT.tEA NL'MBER (CFS) (MIN.) (INCH/HOUR) (ACRE) 1 11.79 6. 62 5.746 2.24 2 2.02 10.09 4.500 0.54 *+**+x***x**.*****�*****+«*�****,tWARNING+*,r***,�**+v�*******,�+.t***,r**�**,t*** IN THIS COMP�TER PROGRAM, THE CONFLUENCE VALUE USED IS BASED ON THE RCFC&WCD FORMULA OP FLATE D-1 AS DEFAi.;LT VALUE. THIS rORMULA WILL NOT NECESSARILY RESULT IIv' THE MAXINIUM VALUE OF PEAK F`LOW. ***k�r.****,r**�++*t***�,+�W*x+r�****��******+*.***:*****,r,.**+**,.+*+***>*x�**t RAINcALL IN`FENS?TY AND TIN� OF CO:�ICENTRATION RHTIO CONEL;;EI�?CE FORMULA USED FOR 2 SxR3AMS. ** PEAK FLOW RATE TABLE ** STREAM R[:NOI'F Tc INTENSITX NUMBER (CFS) (MIN.) (INCH/HOUR} 1 13.11 6.62 5.'7S6 2 11.25 :.C.�9 9.500 COMPUTEC CONF�C;ENCE ESTZMAT�'S ARE AS FOLLOWS: PEAK FLOW 12ATE(CFS) = 13.i1 TC(MIN. ) = 6.62 TOTAL AREA(ACRES} = 2.8 LONGEST FLOW?ATH FROM NODE i0.00 TO NCDE 140.00 = 629.00 FEET. END CF STUDY SUMI�IARY: TOTAL AREA{ACRES) = 2.8 TC{MIN.) = 6.62 PEAK FLOW RATE(CFS) = 13.11 END OF RATIONAL METHOD ANALYSIS 13 ATTACHMENT 3 CATCH BASIN CAPACITY DROP INLET (DI) CAPACITY (Use Figure 5-18) Use 24"x24� Grate DI-1 {Node 11 Q} Q=3.15 cfs, P=6' d=0.31 DI-2 (Node 120) Q=3.22 cfs, P=8' d=0.27' DI-3 {Node 130) Q=0.57 cfs, P=4' d=0.25' 14 i0 ' ~ I�� s . . s � � � � 4 r ^ O I � 2 � 7 � I W r t - ; 0.� r • _ �•_ � � os cuRe o., � T � �t � w 0.i �� � C� ,1, 1"r"` L r"'� 02 '�4 ,►■CLC�Y! OrtlilMG AAl.I r� 21N+L (MttT N CLR!1 ' r•ttw��) tw�n+ovr aMsl ti.t � z 3 4 s � • so to 3a so so so DtsplA7tiE O ffT3/s3 GRATE fNLET CAPACITY IN SUWP C�NORIONS {Table assumes no clogging. ) S-51 Figure 5-I8 ATTACHMENT 4 HYDROLOGY MAPS , E t 3F�i,� � �f�fi�= L�/J A !p t�a 9��S{) , - - —. . , _ - . p R ������ , •. j j����l i' .. F; + � �' L ._. .. I r l 'F 1�t �. `�± �� '' y� :�; ,. 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G fs7 i I � ±� '��i l n �b �� , • : �:� ,� . F � �, � i 'l. - _. m � e �,1 �+ � . ,'��.. � + r�',�r;�.,:,: � d � ` 1� ���5,""�•��;�*�.� O " I � ;� l.��� ' r � � � � -7 ' � � .'��. �1-���t'�s � - . "� o � � ; � ��'= , �� ,x �w�' ��� +,'" �} e g . �-'.�•t�x�" •+ ,- . w �, � i " ����� �i � f . 4 i,.-'v��K���'�,�'�y ~-�f*+'d „`�' . °� � ''1` �' '`�.�}� "wt .. ' - --a 7, �� �r "�,�4�: ��'� '�. � . .� '���+r,* ���� �� ' . - —� � � i�. '� .�e�:.,.!{� � � �,��' �`�` 'r l�� � „ w � � .� .� r�i 4 � 4 -��# � .� i � f � {} ,I ��I � F�4�' �+tir��'� r�� S� � � � � 'h�k ' i yY k��S�F�.'f{ ,r.f {FI� I �y�� 4 � r�F x.'L�J�'+���}�ti� �. .� �`) '�a�'���.`.� f 'i�' w�� �'� i � �s:- �" 'X� ��' � � '��� " � L. '� ��,� � �: ,�,� �`��;�r���.�� ��y;. �` . I�IIf[ .�'�y�. fSi�L.:} {.�55. . . s.ti�j .R � �� y �' �� �\5'� .* '1�'� i 1. �.i � ' : y '+ 5 ' ��= ';4{F�€�:ti k}�+'-�r'Y� µ . �� Ii S __ ' } ��i ..t k. .,�_�; .�':';'_:,, ',� ��4�',:"�_'.` 'I 'f .�';:,�r� � ._�ti. I�F 5' � �. ��.,}F,�1-,i�.�;J�-�.G'?� ' .�"`'�k . ��.:.gL=�. Ctl x', � � �'', � ` :; � ��.' �.�r-r @ r-,� . �a r 1�, ;: i rL l�r�` @ 6,!` I...f•`. d t +.,+', Recording Requested by � �. And When Recorded Return to: rj r , ',,I�, �, � ��k �� �� City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt from Recorder's Fees Pursuant to Government Code § 6103, 27383 DEVELOPMENT AGREEMENT By and Between the CITY OF PALM DESERT And EL PASEO LAND COMPANY LLC Dated: , 2008 Page 1 of 24 \�iw-fnp01\data$\users�Robert.HargreavesU�Iy Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2008,by and between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California(the "City), and El Paseo Land Company L.L.C., a limited liability company organized and existing under the laws of the State of Delaware ("Developer"), with reference to the following facts, understandings and intentions of the parties: RECITALS: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. B. Government Code Sections 65684 through 65869.5 inclusive (the "Development Agreement Legislation") authorize the City to enter into development agreements in connection with the development of real property within its jurisdiction. Pursuant to the Development Agreement Legislation, on August 11, 1983, the City enacted procedures and requirements for the consideration of development agreements by Ordinance No. 341, as amended on December 7, 1989 by Ordinance No. 589 (collectively, the "Development Agreement Ordinance"). C. Developer is the owner of a legal or equitable interest in the Property and is entitled to have filed the applications for the Project and to enter into this Agreement. The Project consists of the future redevelopment of the Property with retail, office and restaurant uses, together with a new one level parking structure. The Project is projected to generate a Page 2 of 24 \�iw-fnp01\data$\users�Robert.Hargreaves�ty Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. significant amount of property and sales tax revenue for the City's general fund and other funds. The Property is located at an important location in the City and the coordinated development of the Project pursuant to this Agreement represents an important and mutually beneficial economic development and land use planning opportunity for the City and Developer. D. The City has determined that the development of the Project as contemplated by this Agreement is consistent with and in furtherance of the goals, policies, objectives, zoning, general land uses and development programs of the City as set forth in the City's General Plan, the Palm Desert Commercial Core Area Specific Plan and Zoning Code. E. The City has determined that entry into this Agreement will further the goals and objectives of the City's land use planning policies by, among other things, encouraging investment in the El Paseo district, providing criteria for the uses, design and development of the Property, including flexibility in land use options which may be altered in order to respond to future economic conditions, eliminating uncertainty in planning, and securing orderly and expeditious processing and development of the Project. The benefits conferred on the City by Developer herein will (i) insure consistent, comprehensive planning which will result in aesthetically pleasing, environmentally harmonious, and economically viable development within the City; (ii) provide for the creation of pedestrian-oriented specialty retail, office and restaurant uses for the City; (iii)provide increased property and sales tax revenue for the City and its Redevelopment Agency; and(iv) further the development objectives of the City in the El Paseo district in an orderly manner, all of which will significantly promote the health, safety and welfare of the residents of the City. In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with the Project without further regulation by City in Page 3 of 24 \Uw-fnp01\data$\users�Robert.Hazgreaves�My Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. accordance with the Development Plan attached to this Agreement as Exhibit "A", and at a rate and phasing of its choosing, subject to the terms and conditions contained in this Agreement. F. By adopting this Agreement, the City Council has elected to exercise certain governmental powers at the present time rather than deferring such actions until an undetermined future date and has done so intending to bind the City and the City Council, now and in the future, intending to limit the City's future exercise of certain governmental powers, to the extent permitted by law. G. In order to effectuate the foregoing, the parties desire to enter into this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. Definitions. 1.1 Defined Terms. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 1.2 Agreement. This Development Agreement. 1.3 Building Ordinances. The uniform building codes adopted by the City, of general application throughout the City and not imposed solely with respect to the Property, including, without limitation, the City's building, plumbing, electrical, mechanical, and fire codes. Page 4 of 24 \�w-fnp01\data$\users�Robert.HargreavesUviy Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error:Unknown document property name. 1.4 City Council. The legislative body of the City of Palm Desert. 1.5 Effective Date. The date on which the Enacting Ordinance becomes legally effective. 1.6 Enacting Ordinance. Ordinance , enacted by the City Council on , 2008, approving this Agreement. 1.7 Existin�Land Use Regulations. The City's land use regulations in effect as of the Effective Date, which comprise the ordinances, resolutions, codes, rules, regulations and official policies of the City applicable to the Property, including but not limited to, the permitted uses of land, the density and intensity of use of land, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and provisions relating to the timing of development, all as applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, Existing Land Use Regulations shall include the City's General Plan, the City's Commercial Core Area Specific Plan, the City's zoning ordinance inclusive of the C-1 zoning standards and scenic preservation overlay standards, the City's subdivision code, the City's redevelopment plans and rules, and the City entitlements and approvals issued for the Project summarized in the Development Plan on Exhibit "A" hereto, including but not limited to the January 8, 2008 Architectural Review Commission approval, the City Council's February 28, 2008 approval of the precise development and parking plans (PP 07-10), conditional use permits for the restaurants (CUP 07-18) and the approval of the Mitigated Negative Declaration prepared for the Project. Existing Land Use Regulations shall exclude the City's Building Ordinances so long as applied generally to structures similar to the Project within the City. Page 5 of 24 \�iw-fnp01\data$\users�Robert.HargreavesU�Iy Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error:Unknown document property name. 1.8 Mortea�e. A mortgage, deed of trust, sale and leaseback arrangement(in which all or a part of the Property, or an interest in it, is sold and leased back concurrently) or other transactions in which all or a part of the Property, or an interest in it, is pledged as security, contracted in good faith and for fair value. 1.9 Project. The development, associated amenities, and on-site and off-site improvements, as permitted under and described in the Development Plan(attached hereto and incorporated herein by this reference as Exhibit "A"), to be constructed on the Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Agreement. In general, the Project comprises the demolition of the existing El Paseo Village shopping center and its redevelopment with 3 two-story buildings to form a new El Paseo Village retail, office and restaurant project. 1.10 Pro�ert�. The real properties and any improvements thereon which are described in Exhibit "B" attached hereto and incorporated herein by this reference to this Agreement. 2. Term; Amendment. 2.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall terminate on the fifth (Sth) year anniversary date of the Effective Date, unless sooner terminated or extended as hereinafter provided. This Section 2.1 shall have the effect of extending the terms of all other City approvals, permits and entitlements pertaining to the Project so that such terms are co-extensive with the five (5) year term provided herein. 2.2 Amendment. The parties to this Agreement at their sole discretion and by their mutual written consent may from time to time amend the provisions and terms of this Page 6 of 24 \�iw-fnp01\data$\users�Robert.Hargreaves�My Documents�Palm Desert EI Paseo Village DA with L,EED redline 5-14.doc Error!Unknown document property name. Agreement. An amendment to this Agreement is not triggered by adjustments to the Project approved pursuant to the authority and discretion of the City's community development director by the Existing Land Use Regulations. 3. General Development of the Project 3.1 Vested Right to Develop Project. (a) The Project is defined and described in the Development Plan attached to this Agreement as Exhibit "A". (b) Developer shall immediately upon the Effective Date of this Agreement have the vested right to develop the Project in accordance with the Development Plan and, to the extent not inconsistent with or modified by the Development Plan, the Existing Land Use Regulations. Developer does not have the obligation to develop the Project and may proceed with some or all of the Project at its discretion, at a rate, sequence and phasing of Developer's sole choosing. Developer's right to develop the Property in accordance with this Section 3.1 shall be without regard to future changes or additions to the Existing Land Use Regulations of the City, however enacted, whether by moratorium, initiative and/or referenda of the City or of the voters of the City. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465 that failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the intent of the City and Developer to acknowledge and provide that, notwithstanding anything to the contrary in the Existing Land Use Regulations, Developer shall have the right(without the obligation) to develop the Property in such order and at such rate and at such times as the Developer deems appropriate within the exercise of its sole good faith business judgment in accordance with the Development Plan. Page 7 of 24 \�iw-fnp01\data$\users�Robed.HargreavesU�ty Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error:Unknown dacument property name. (c) No moratorium, inclusive of moratoria contemplated by Government Code Section 65858, shall be effective or applicable to this Property on account of the vested rights provided through this Agreement. 3.2 Future Anprovals such as Buildin�Permits and Other A�provals and Permits. Subject to (a) Developer's compliance with this Agreement, the Development Plan, and the Existing Land Use Regulations, and (b) payment of the usual and customary processing fees of general application set forth on a written fee schedule as may then be applicable, the City shall process and issue to Developer promptly upon application thereof all necessary building permits, occupancy certificates, grading, demolition and construction approvals, utility hook-ups and other required permits for the construction, use and occupancy of the Project, or any portion thereof, pursuant to Existing Land Use Regulations. 3.3 Effect of Agreement. This Agreement shall constitute a part of the Enacting Ordinance, as if incorporated by reference therein in full. The parties acknowledge that this Agreement is intended to grant Developer the vested right to develop the Project pursuant to specified and known criteria and rules as set forth in the Development Plan and the Existing Land Use Regulations, and to grant the City and the residents of the City certain benefits which they otherwise would not receive. This Agreement shall control over the provisions of other Project approvals, permits, conditions of approval, mitigation measures and entitlements as well as the Existing Land use Regulations. This Agreement shall be binding upon the City and its successors in accordance with and subject to its terms and conditions notwithstanding any subsequent action of the City, whether taken by minute order, ordinance or resolution of the City Council, by referenda, Page 8 of 24 \\iw-fnp01\data$\users�Robert.HargreavesVVly Documents�Palm Desert El Paseo Village DA with L,EED redline 5-14.doc Error!Unknown document property name. initiative, or otherwise. The parties acknowledge and agree that by entering into this Agreement and relying thereupon, the Developer has obtained, subject to the terms and conditions of this Agreement, a vested right to proceed with, but not the obligation to proceed with, development of the Project in accordance with the Development Plan and the Existing Land Use Regulations. The City has entered into this Agreement in order to secure the public benefits conferred upon it hereunder which are essential to provide for the public health, safety and welfare of the City and its residents, and this Agreement is an essential element in the achievement of those goals. 4. Specific Criteria Applicable to Development of the Project. 4.1 Applicable City Regulations. Except as set forth in the Development Plan and subject to the provisions of Section 4.2 below, the Existing Land Use Regulations shall govern the development of the Property hereunder and the issuance of all permits or approvals required to develop the Property; provided,however, that(a) Developer shall be subject to reasonable changes in processing, inspection and plan-check fees, charges imposed by City in connection with the processing of applications for development and construction upon the Property, and development impact fees, at the rates existing at the time of payment, so long as such fees and charges are of general application and are not imposed solely with respect to the Property or Project; and (b) Developer shall abide by the Building Ordinances in effect at the time of each application. 4.2 Amendment to Applicable Regulations. In the event that the Existing Land Use Regulations are amended by the City in a manner which provides more favorable site development standards for the Property or Project or any part thereof than those in effect as of the Effective Date, Developer shall have the right to notify the City in writing of its desire to be subject to all or any such new standards for the remaining term of this Agreement. If City Page 9 of 24 \\iw-fnp01\data$\users�Robert.Hazgreaves�My Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. agrees,by action of the City Planning Director or City Manager, such new standards shall become applicable to the Property or portions thereof. Should City thereafter amend such new �t:fndards, upon the effective date of such amendment, the original new standards shall continue to apply to the Property as provided above,but Developer may notify City in writing of its desire to be subject to all or any such amended new standards and City may agree in the manner above provided to apply such amended new standards to the Property. 5. Project Enhancements. The City and Developer desire to cooperate with each other to secure enhancements to the Project to be furnished by Developer, at its sole cost. The following enhancements shall be provided as part of the Project: (a) inclusion of preferential parking spaces for hybrid or hydrocarbon-fuel-alternative vehicles at the new El Paseo Village parking structure; (b) Developer shall construct Project to the specifications that would be necessary to obtain a green building rating under the 2008 Leadership in Energy and Environmental Design (LEED) silver certification program("Silver LEED specifications"); to the extent that Silver LEED specifications are subjective or not clearly defined, Developer shall use its best efforts to comply with reasonable interpretations of what those standards would be. In addition, Developer shall submit the Project to the USGBC for LEED Silver certification under either the New Construction rating system or under the Core & Shell and Commercial Interiors rating systems ; (c) Developer shall use its best efforts to install and sustain shade landscaping in the new Project's parking structure; (d) reciprocal parking within the Project's new parking structure shall be provided for customers of the adjacent Gardens on El Paseo shopping center by means of a private easement executed by Developer; (e)the City shall provide written notification to Developer and shall consult with Developer in advance of any future consideration to place any Page 10 of 24 \Uw-fnp01\data$\users�Robert.HargreavesuVly Documents�Palm Desert El Paseo Village DA with L,EED redline 5-14.doc Error!Unknown document property name. objects taller than four(4) feet within the public right of way in front of the Project; and(�� within sixty(60) days of issuance of a certificate of occupancy for the parking structure and tender by Developer to the City of a recordable easement for public parking in the parking structure and a Parking Management Plan for the parking structure, both in a form acceptable to the city attorney, the City shall pay Developer seven hundred fifty thousand dollars ($750,000) for an estimated 100 parking spaces within the public easement in excess of the spaces that are replacement for spaces eliminated from the Gardens on El Paseo parking structure by the Saks� �expansion. 6. Periodic Review of Compliance. In accordance with Govt. Code Section 65865.1, the Planning Director or City Manager shall review this Agreement each calendar year during the term of this Agreement by providing Developer written notice commencing such review. The periodic review shall address only those parts of the Project owned or controlled by Developer. At such periodic reviews, Developer shall demonstrate its good faith compliance with the terms of this Agreement which shall mean that it has acted in a commercially reasonable manner(taking into account circumstances which then exist) and in good faith in attempting to adhere to this Agreement ("standard of review"). Should the City initially determine non-compliance in accordance with this standard of review, then City shall provide Developer with written notice outlining the circumstances of non-compliance and requesting a cure within ninety(90) days or a statement from the Developer invoking an event(s) of force majeure as set forth in Section 7.1. After compliance is achieved, the City shall issue a final written notice to Developer attesting to such final compliance. Page 11 of 24 \�iw-fnp01\data$\users�Robert.Hargreavesuvly Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. 7. Permitted Delays, Force Majeure; Supersedure by Subsequent Laws. 7.1 Permitted Delays, Force Ma�eure. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused from performance of their obligations hereunder during any period of delay caused by acts of mother nature, civil commotion, riots, strikes, picketing, or other labor disputes, shortage of personnel, materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, any referendum elections held on the Enacting Ordinance, or the Land Use Regulations, or any other regulation affecting the Project or the approvals, permits or other entitlements related thereto, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder(collectively, "Laws"), orders of courts of competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the reasonable control of City or Developer, as applicable. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The time of performance of such obligations shall be extended by the period of any delay hereunder. 7.2 Supersedure of Subsequent Laws or Judicial Action. The provisions of this Agreement shall, to the extent feasible,be modified or suspended as may be necessary to comply with any new Law or decision issued by a court of competent jurisdiction(a "Decision"), enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreement. Promptly after enactment of any such new Law, or issuance of such Decision, the parties shall meet and confer in good faith to determine the feasibility of Page 12 of 24 \Uw-fnp01\data$\users�Robert.Hargreaves�My Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. In addition, Developer and City shall have the right to challenge the new Law or the Decision preventing compliance with the terms of this Agreement. In the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect. 8. Events of Default; Remedies; Termination. 8.1 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 7.1 above regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute an event of default hereunder("Event of Default") if such defaulting party does not cure such failure within thirty(30) days following receipt of written notice of default from the other party; provided, however, that if the nature of the default is such that it cannot be cured within such thirty (30) day period, an Event of Default shall not exist so long as the party charged therewith shall have commenced the cure within such thirty (30) day period and shall be diligently pursuing the cure. Any notice of default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner, if any, in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be subject,because of the alleged default of this Agreement, to (i) remedies, including termination, for breach of this Agreement, (ii) institution of legal proceedings with respect thereto, or(iii) suspension, red tag, revocation or withholding of any permit, map, certificate of occupancy, approval or entitlement with respect to the Project. Page 13 of 24 \\iw-fnp01\data$\users�Robert.HargreavesU�ty Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. 8.2 Remedies. Upon the occurrence of an Event of Default which has not been cured, the nondefaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement or seek mandamus, specific performance, injunctive or declaratory relief,but excluding monetary damages. 8.3 Waiver; Remedies Cumulative. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time not specified in such express waiver. 8.4 Effect of Termination. If Developer terminates this Agreement because of City's default, then Developer shall be entitled to all of the benefits arising out of, or approvals, permits, certificates or other entitlements, on account of, any exactions paid, given or dedicated to, or received by, City prior to the date of termination of this Agreement. Except as otherwise provided in this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of the termination of this Agreement. The parties respective obligations under Sections 5 and 9.4 shall survive termination and be of continuing force and effect despite any such termination of this Agreement. If this Agreement is terminated pursuant to any provision hereof, then the City shall, after such action takes effect, cause an appropriate notice of such action to be recorded in the official Page 14 of 24 \\iw-fnp01\data$\users�Robert.HargreavesU�ly Documents�Palm Desert El Paseo Village DA with L.EED redline 5-14.doc Error!Unknown document property name. records of the County of Riverside. The cost of such recordation shall be borne by the party causing such action. 8.5 Third Partv Actions. Any court action or proceeding brought by any third party to challenge this Agreement or any permit or approval or entitlement or Land Use Regulation required from City or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party defendant to or real party defendant in interest in such action or proceeding, shall constitute a permitted delay under Section 7.1. 9. Encumbrances on Property. 9.1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property. The City acknowledges that the lenders providing such financing may require certain operating memorandum or modifications to this Agreement, and the City agrees upon request, from time-to-time, to meet with Developer andlor representatives of such lenders to negotiate in good faith any such request for an operating memorandum or modification. City further agrees that it will not unreasonably withhold its consent to any such requested operating memorandum or modification . 9.2 Mort�age Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and Page 15 of 24 \�iw-fnp01\data$\users�Robert.Hargreaves�Ivly Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a mortgagee (whether pursuant to a mortgage foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement. 9.3 Mort�agee Not Obli ag ted. Notwithstanding the provisions of Section 9.2, no mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 9.4 Estop�el Certificates. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified, or if so amended or modified, identifying such amendments or modifications, and (iii)the requesting party is not in default in the performance of its obligations under this Agreement, or if in default pursuant to the required written notice described in Section 8.1, list therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty(30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees, assignees and lessees of the Developer and the holders of any Mortgage. 10. Transfers and Assignments; Effect of Agreement on Title. Page 16 of 24 \Uw-fnp01\data$\users�Robert.HargreavesV�iy Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error:Unknown document property name. 10.1 Ri�hts and Interests Appurtenant. The rights and interests provided through this Agreement to Developer benefit and are appurtenant to the Property. Developer has the right to sell, assign and transfer all or any portion of the Property and any and all of its rights and interests hereunder and to delegate and assign any and all of its duties and obligations hereunder. Such rights and interests hereunder may be sold, transferred or assigned and such duties and obligations may be delegated or assigned. 10.2 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise), assigns, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns; (ii) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; (iii) Each covenant to do or refrain from doing some act on the Property hereunder(A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands, and (C) is binding upon each party and each successive owner during its ownership of the Property or any portions thereof, and shall benefit each party and its lands hereunder, and each such other person or entity succeeding to an interest in such lands Page 17 of 24 \�iw-fnp01\data$\users�Robert.HargreavesV�fy Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. 11. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt rc�c�uested, with postage prepaid ar nationally recognized overnight courier, to the following addresses: If to City: City Clerk of the City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 If to Developer: El Paseo Land Company, LLC c/o Davis Street Land Company 622 Davis Street, Suite 200 Evanston, I1160201 Attn: Robert Perlmutter Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt or overnight service (e.g. Fedex) receipt. 12.0 Miscellaneous 12.1 Relationship of Parties. It is understood that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contractor. It is further understood that none of the terms or provisions of this Agreement are intended to or shall be deemed to create a partnership,joint venture or joint enterprise between the parties hereto. Page 18 of 24 \�w-fnp01\data$\users�Robert.Hargreavesuvly Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. 12.2 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the private purposes herein expressed for the development of the Project as private property. 12.3 Severabilitv. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or would frustrate the purposes of this Agreement. 12.4 Exhibits. The Exhibits, to which reference is made herein, are deemed incorporated into this Agreement in their entirety by reference thereto. 12.5 Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof, including but not limited to the vesting of Project entitlements. Except as otherwise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, resolutions, minutes, ordinances, warranties or representations are superseded in total by this Agreement and Exhibits hereto. 12.6 Governin�Law; Construction of Agreement. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the state of California. The provisions of this Agreement and the Exhibits hereto shall be Page 19 of 24 \\iw-fnp01\data$\users�Robert.HargreavesU�Iy Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties hereunder. The captions preceding the text of each Section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 12.7 Separate Si�nature Pages. For convenience, the signatures of the parties of this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. 12.8 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. 12.9 Prevailin�Party's Attornev's Fees and Costs. If any party to this Agreement shall fail to perform any of its obligations hereunder, or if a dispute arises with respect to any provision hereof or the performance of the obligations of any party hereto, the defaulting party or the party not prevailing in such dispute, as the case may be, shall promptly pay any and all costs and expenses (including without limitation, all court costs and reasonable attorneys' fees and expenses) incurred by the other party with respect to such to such dispute or in enforcing or establishing its rights hereunder. 12.10 Further Cooperation. Each party shall cooperate with and provide reasonable assistance to the other party, such as timely execution, filing and recording of any instruments or writings necessary or desirable to carry out the terms of this Agreement. Page 20 of 24 \\iw-fnp01\data$\users�Robert.Hargreaves�My Documents�Palm DeseR El Paseo Village DA with LEED redline 5-14.doc Error:Unknown document praperty name. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. DEVELOPER: El Paseo Land Company, LLC, a Delaware limited liability company B y: Robert Perlmutter Its: Manager CITY: CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California B y: . Mayor Attest: , City Clerk Page 21 of 24 \�iw-fnp01\data$\users�Robert.HargreavesVvty Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. STATE OF ILLINOIS COUNTY OF COOK On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2008 before me, (here insert name and title of notary), personally appeared , personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), � and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Page 22 of 24 \Uw-fnp01\data$\users�Robert.HazgreavesU�ly Documents�Palm Desert El Paseo Village DA with L,EED redline 5-14.doc Error!Unknown document property name. EXHIBIT "A" DEVELOPMENT PLAN The Project Development Plan represents City approval of demolition of the El Paseo Village shopping center on the Property described on Exhibit "B" and replacement with an approximate 75,000 square foot retail, restaurant and/or office complex and a new one-story parking structure. The Project Development Plan shall include and shall be constructed consistent with the following: 1. The City approved plans by Developer on file with the City. 2. The City approved Precise Plan PP 07-10 and Conditional Use Permits CUP07-18. 3. The City approved Mitigated Negative Declaration prepared in compliance with the California Environmental Quality Act(CEQA). 4. The City Architectural Review Commission approval. 5. The Existing Land Use Regulations except that the following specific development standards shall apply irrespective of any conflict or inconsistency with any existing Land Use Regulation: a. The Project is allowed to encroach into the eastern and western corner lot setback of the "daylight triangle" pursuant to Palm Desert Municipal Code Section 25.25.016. b. The Project is allowed to reach a maximum height of 42 feet. c. The new one-story parking deck at the Project shall be constructed with a minimum of 295 parking spaces. The total number of spaces is allowed to fluctuate thereafter by no more than 5°Io. d. Tenant improvements are allowed to fluctuate from the Project Development Plan so long as they do not substantially alter the overall aesthetic of the approved Project. Page 23 of 24 \�iw-fnp01\data$\users�Robert.HazgreavesVVly Documents�Palm Desert El Paseo Village DA with LEED redline 5-14.doc Error!Unknown document property name. EXHIBIT "B" LEGAL DESCRIPTION OF DEVELOPMENT PROPERTIES El Paseo Village Shopping Center: LOT 2 OF TRACT NO. 11881, IN THE CITY OF PALM DESERT, AS SHOWN BY MAP ON FILE IN BOOK 99, PAGE(S)48 AND 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN SAID LAND AS RESERVED IN PATENT FROM THE STATE OF CALIFORNIA, RECORDED JULY 17, 1925, IN BOOK 9, PAGE 102 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Assessors Parcel Number: 627-252-004-4 AND 627-252-005-5 Page 24 of 24 \�iw-fnp01\data$\users�Robert.HargreavesVvly Documents�Palm Desert EI Paseo Village DA with LEED redline 5-14.doc Error!Unknown dacument property name.