HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (5) DATE: DECEMBER 15, 1999
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND BUILDING
TTM 28907 AND CASE 5.0789-PD 252.GEOPETRO/PRIETO. APPEAL TO THE CITY
COUNCIL BY GEOPETRO,LLC OF A DECISION BY THE PLANNING AND BUILDING
DEPARTMENT TO DENY THE ISSUANCE OF A BUILDING PERMIT FOR A 3100 SQUARE
FOOT MINI-MARKET WITH GASOLINE PUMPING FACILITIES ON 1.22 ACRES OF
LAND LOCATED ON THE NORTH SIDE OF RAMON ROAD,WEST OF AVENIDA
EVELITA,M-1 ZONE, SECTION 18.
APPEAL: The appeal is submitted by Geopetro LLC,a company formed by its majority,controlling
owner,Damon Prieto. Mr.Prieto is a Tribal Member of the Agua Caliente Band of Cahuilla Indians.
The appellant has appealed the following:
1. The`refusal"of the Department of Planning and Building,Building Division to grant a building
permit for previously approved ARCO am/pm mini-market(phase one,Planned Development
District 252)until the appellant pays the Transportation Uniform Mitigation Fee(TUNE).
This appeal is in response to the City's letter of October 25, 1999 confirming that the TUMF must be
paid. A complete copy of the appeal is attached. (Attachment 1)
There are two basic issues before the City Council. One is to determine if the appeal is timely. If the
City Council decides that it is,then the City Council must vote on the merits. The staff believes that the
appeal is not timely and that,as to the merits,the appeal is not justified.
BACKGROUND
Permit Issuance:Application Status
On October 8, 1998,the applicant applied for approval of Preliminary Planned Development District
Number 252 and approval of Tentative Parcel Map 28907. More specifically,the applicant applied
for a Preliminary Planned Development District for a multiple-phased commercial/retail center on 23.15
acres of vacant land on the north side of Ramon Road, west of Avenida Evelita. Phase I of the
proposed Planned Development includes the construction of a 3100 square foot mini-market with
gasoline pumping facilities on 1.22 acres of land. In conjunction with the Preliminary Planned
Development District,the applicant also filed an application for a Tentative Parcel Map to subdivide the
property into eight(8) lots.
In accordance with Section 9403 of the Palm Springs Zoning Ordinance,it is the intent of the Planned
Development District to ensure compliance with the General Plan and good zoning practices while
allowing certain desirable departures from the strict provisions of specific zone classifications.
Approval of a Planned Development District is a two step process. Step one is Preliminary
Development Plan approval. Preliminary Development Plan approval requires approval by both the
Planning Commission and the City Council. Step two is Final Development Plan approval. Final
Development Plan approval requires approval by the Planning Commission. Final Development Plan
approval is a prerequisite to issuance of a building permit.
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In accordance with the Map Act for the State of California,both a Tentative Parcel Map and a Final
Parcel Map are subject to approval by the City Council.
Preliminary Planned Development District Number 252 was approved by the Planning Commission on
November 12,1998 by passing Resolution 4618. Preliminary Planned Development District 252 and
Tentative Parcel Map 28907 were approved by the City Council on December 16, 1998 by passing
Resolution 19430. No appeal or request for reconsideration was taken from these actions. Neither
Final Development Plan approval nor Final Parcel Map approval has been issued,although it is
anticipated that the Final Parcel Map will be ready for consideration by the City Council at its meeting
of December 15, 1999.
In passing Resolution Number 19430,the City Council included a number of Conditions of Approval.
Condition Number 60 required payment of the TUMF. In addition,the following conditions,required
for Final Planned Development approval,have not been met. Note that this is not a complete list,but
provides an illustration of the scope of non-compliance.
6. Complete final development plans have not been submitted. These plans are required to
include site plans,building elevations,floor plans,roof plans,grading plans,a revised
preliminary landscape plan and irrigation plan for Phase One development,exterior
lighting plans,sign program,mitigation monitoring programs,site cross-sections,
property developmem,standards and other such documents as required by the Planning
Commission.. To date,final plans are incomplete.
7. Landscaping requirements along the street frontages are not met.
8. A detailed design guidelines supplement has not been submitted for consideration by the
Planning Commission. Such a supplement is required prior to the issuance of any permits for the
Planned Development. At a minimum,the design guidelines supplement must include samples of
appropriate architectural themes,including acceptable primary and accent exterior building
treatments and color palettes,a landscape concept with material palette,decorative hardscape
treatments,parking lot light standard design,the design and/or catalog cuts of pedestrian
amenities,such as exterior trash receptacles and ash urns,exterior drinking fountains,shade
structures,such as trellises over outdoor seating areas,and structural extensions over pick-up
windows,street furniture and the conceptual design of the proposed water features.
9. Final landscaping,irrigation,exterior lighting,and fencing plans have not been submitted. Such
plans are required prior to issuance of a building permit.
16. A draft declaration of covenants,conditions and restrictions("CC&R's")has not been submitted.
This must be submitted to the Director of Planning and Building for approval in a form to be
approved by the City Attorney prior to issuance of a building permit.
25. An exterior lighting plan in accordance with the lighting ordinance in effect at the time
each phase has not been submitted. This is required to be reviewed and approved by the
Director of Planning&Building prior to the issuance of building permits.
45. A decorative screen wall and/or berming has not been provided along the Ramon Road
and El Placer streetscape areas.
Since the City Council action on December 16, 1998 to pass Resolution 19430 approving Tentative
Parcel Map Number 28907 and Case Number 5.0789(PD 252),the applicant has begun rough
grading the property and has applied for a building permit. Prior to issuance of the building permit,the
Planning and Building Department must find that construction plans are in compliance with the
requirements of Building Code,Electrical Code,Mechanical Code,Plumbing Code,Zoning Ordinance,
any other conditions established as part of the approval,and that applicable fees are paid.
On January 28, 1999,March 3, 1999 and May 4, 1999,the City's Plans Examiner sent letters to the
project architect noting the project status and forwarding a list of items needed to comply with
conditions of approval and zoning requirements. Although staff has met with the owner on several
occasions since May 4, 1999,complete plans have not been submitted since that date.
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APPEAL ISSUES
Staff finds that there are several issues to be considered with respect to this appeal of the Planning and
Building Department's refusal to issue a building permit, some going to procedural questions and others
to the merits. The issues are:
Procedural
1. Rather than filing an appeal with the Tribal Council within 10 days of the City Council's
decision,as required in Section 941 LB of the Zoning Ordinance,the applicant has submitted
the appeal to the City nearly a year later. The City Council decision was made on December
16, 1998 when it passed Resolution 19430.
2. As the applicant has not submitted complete Final Planned Development plans,the Planning
Commission has not approved the Final Planned Development District pursuant to Condition of
Approval Number 6 and Section 9303.E.4 of the Zoning Ordinance(Final Development Plan-
Approval by the Planning Commission). The Final Planned Development District is required to
conform to the Preliminary Planned Development District. If the applicant wishes to make
substantial changes,they must resubmit or amend the Preliminary Planned Development
District.
3. The applicant has not submitted a building application in compliance with all of the conditions
identified in Resolution 19430 passed on December 16, 1998 by the City of Palm Springs City
Council,or in conformance with a Final Planned Development District.
Merit
4. Failure by the City to uniformly and equitably collect the Transportation Uniform Mitigation Fee
(TUMF)on a citywide basis may jeopardize receipt of future Measure A funds from the
Coachella Valley Association of Governments(CVAG),and CVAG has established specific
appeal procedures. The City was previously assessed the TUMF by CVAG after the City did
not collect the entire fee in a case that was appealed to Tribal Council. The appellant has the
option of paying the TUMF and filing a separate appeal with CVAG.
Discussion of Procedural Matters
1. Appeal of Building Permit
Generally in California law,issuance of a building permit is considered ministerial and not subject to
discretionary action,or appeal to the City Council. In actuality the City did not refuse to issue a buildng
permit but sent a letter confirming that it intended to collect the TUMF. The applicant appealed this
letter. This issue has been processed in this matter only due to the provisions of the City's Land Use
Agreement with the Agua Caliente Tribe which provides for appeals of building permits.
2. Timeliness of Appeal
Traffic Condition Number 60 of Resolution Number 19430 passed by the Palm Springs City Council
on December 16, 1998 states the following:
60. This property is subject to the Transportation Uniform Mitigation Fee based on
the MISCELLANEOUS RETAIL SERVICES/SERVICE STATION AND
CONVENIENCE MARKET ITE Codes H and A land uses.
Section 941 LB of the Palm Springs Zoning Ordinance(APPEALS,INDIAN TRUST LAND) states
that"Notice of appeals to the Tribal Council must be filed within ten(10)days of the written decision of
the City Council which is being appealed,and such filing stays all proceedings in the matter until the
decision of the Tribal Council on the appeal."
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Note that since City Council has approval authority of preliminary planned Developments and of
Tentative Parcel Maps,the appeal of its decision of these matters is as noted in Section 941 LB of the
Zoning Ordinance.
As this appeal of Traffic Condition#60 of Resolution 19430 has been received by the City nearly
eleven months after action,staff finds that the timeliness requirements outlined in Section 941 LB are not
satisfied
3. Planning Commission Has Not Approved the Final Development Plan
The Zoning Ordinance provides that after a Preliminary Planned Development District is approved,the
applicant is to prepare final plans and drawings and obtain approval of a Final Development Plan.
Section 9403.E.4 of the Zoning Ordinance states that the Final Development Plan for a Planned
Development is subject to approval by the Planning Commission. Approval of the Final Development
Plan is a prerequisite to issuance of a building permit. The applicant has not submitted many of the
items required for the Final Development Plan and the Final Development Plan has therefore not even
been submitted to the Planning Commission. Without these components,it appears no building permit
can be issued under City ordinances.
Discussion of Merit
4. Potential Repercussions of Not Collecting TUMF Uniformly and Equitably
The appellant has focused the appeal on the requirement for a payment of a TUMF prior to the
issuance of a building permit. Failure by the City to uniformly and equitably collect the TUMF on a
citywide basis may jeopardize receipt of future Measure A fiords from the Coachella Valley Association
of Governments(CVAG).
The TUMF was included in the Riverside County Ballot Measure"A"which passed on November 8,
1988. Measure"A"requires that the revenue generated in the Coachella Valley be returned to the
Coachella Valley and be used for transportation purposes. The funds are divided into four programs,
15%is dedicated to State Highways,no less than 35%and no more than 40%is being returned to the
10 local jurisdictions for local road improvements,no less than 5%and no more than 10%is dedicated
to public transit projects,and 40%is dedicated to the Valley's regional arterials. The voter approved
Measure A Expenditure Plan requires that over the twenty year life of the Measure A program the
TUMF generate at least the equivalent of Measure A funding toward the regional arterial system.
In general,the Measure A program establishes a comprehensive transportation program which includes
the following:
1. Sales tax allocated to regional transportation programs.
2. TUMF Program.
3. Project mitigation of traffic improvements.
4. Agency maintenance of effort.
All components were deemed necessary to fund regional transportation improvements. Regional
transportation improvements include bridges,roadways,traffic signalization,traffic coordination,and
other transportation improvements. Measure A sales tax funds and TUMF funds have been utilized to
construct numerous transportation projects which benefit all properties,including Indian Reservation
lands,throughout the Coachella Valley.
Specific Measure A/TUMF funded projects which directly benefit Agua Caliente Indian Reservation
lands include the Mid-Valley Parkway,the Dinah Shore Bridge,improvements along Indian Canyon
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Drive and Gene Autry Trail,the Vista Chino Bridge study,and other projects located outside of the
City of Palm Springs.
The required TUMF for this project is$134,992.75. A sample building permit and estimated fees from
this project are attached as Exhibit 5. TUMF is calculated based on two inputs: average daily trips and
use(residential,nonresidential w/no sales tax,or nonresidential w/sales tax.) The trips generated for
each land use are derived from the Institute of Transportation Engineers(ITE)Trip Generation Manual.
The ITE Trip Generation manual is also utilized in preparing traffic studies for all types of land use. The
applicant's Traffic Study utilized the ITE document to estimate projected traffic volume.
In 1995,the City allowed a developer to make a partial payment of a TUMF fee with the
understanding that the remainder of the TUMF fee would be held in trust with the Bureau of Indian
Affairs(BIA)pending a resolution with CVAG. This decision was made because the developer,BIA
and the Tribal Council felt that the TUMF fee was excessive for a temporary use permit and desired to
review the development traffic study and associated calculated fee with CVAG directly. The matter of
the appropriate fee was not resolved as of February 27, 1996 and CVAG billed the City for the
balance plus interest. The City paid this bill of$27,412.17. The developer and BIA never followed up
with CVAG nor were funds deposited with BIA.
The Tribal Council is now a member of CVAG. The TUMF approval process involves a process
established and administered by CVAG. The appellant is directed to file an appropriate appeal with
CVAG and utilize this administrative remedy. In the event the Tribal Council is concerned about the
TUMF program,it should address this issue directly to CVAG.
In the 1995 case,the Tribal Council determined that the short term land lease and temporary nature of
the use created a justification to question the fee amount. The current appeal is for permanent
improvement and land use.
SUMMARY
On the surface,the City Council is being asked to direct the Building Division of the Planning and
Building Department to issue a building permit. Slightly below the surface, City Council is being asked
not to apply TUMF to Indian owned lands proposed for development by tribal members.
In terms of issuing the building permit,criteria needed to be satisfied for issuance of a building permit
has not been met. Many of the conditions established by City Council by passing Resolution 19410 on
December 16, 1998 have not been met. These conditions of approval specifically stated that the
conditions must be met prior to issuance of a building permit. Additionally,in accordance Section
9403.E of the Zoning Ordinance,the Planning Commission is authorized to approve Final Development
Plans for a Planned Development District. As the information needed for the proposed Final
Development Plan has not been submitted,the Planning Commission has not even considered an
application. Final Development Plan approval is a prerequisite to issuance of a building permit.
Regarding TUMF,the City collects TUMF in a uniform and equitable manner consistent with the
requirements outlined in Measure A and the requirements of CVAG. TUMF funds have been used to
make regional transportation improvements that benefit numerous properties,including Indian owned
properties. Failure by the City to implement the TUMF consistent with guidelines could jeopardize
receipt of future Measure A funds from CVAG. Deviation from current City practice is not advisable.
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In sum,the staff recommends that the Council take the following action:
1. The appeal is rejected because:
a. The applicant failed to appeal the City's action on December 16, 1998 approving the
Preliminary Planned Development District. A building permit could not be issued now unless it
were consistent with the City's 1998 approval;and
b. The building permit also cannot be issued because the applicant has not obtained a Final
Planned Development District and has not complied with the requirements thereof.
2. The City Council will reconsider the issues raised here if the applicant submits an amended
Preliminary Planned Development addressing the conditions the applicant wishes to change
along with a Final Planned Development District consistent therewith through the Planning
Commission.
3. The City Council recommends that the applicant pursue relief from the TUMF requirement
through the CVAG administrative process; directs that the applicant will be relieved of the
condition if so relieved by CVAG; and directs the City Manager to propose a measure to
CVAG on behalf of the City providing that any city be relieved of its TUMF obligation with
respect to any project where a sovereign governing entity such as an Indian Tribe determines
that a development project on reservation land is exempt from the payment of TUMF.
Douglas vans
Director—oT Planning&Building
1494oz z
Dallas J.Flicek
Interim City Manager
Attachments:
1. Notice of Appeal-Geopetro LLC
2. Report to City Council Dated December 16, 1998 including Resolution and Environmental
Assessment.
3. Letters of January 28, 1999;March 3, 1999;and May 4, 1999 from the City Plans Examiner
to the project architect.
4. Letter dated May 12, 1999 from the City's Principal Planner to Golden State Enterprises.
5. Sample Building Permit
6. Land use Agreement and Appeal Ordinance.
7. Resolution
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ATTACHMENT 1
NOTICE OF APPEAL
R MEMM
Identification of Annellant: %*Ycu�
Geopetro LLC
clo Criste,Pippin&Golds
73-550 Alessandro Drive,Suite 200
Palm Desert,California WM
Phone: (760)862-1111
Facsimile: (760)776-4197
Action pttealed:
The City of Palm Springs,Department of Plaiming&Building,Building
Division's October 25, 1999 refusal to issue a building permit. (Attached hereto
as Exhibit A is a true and correct copy of the conrespondence firm Angela A.
LaFrance,Permit Center Technician,denying the permit.)
Grounds for AngW:
Geopetro LLC is a company formed by its majority,controlling owner,Damon
Prieto. Mr.Prieto is a Tribal Member of the Agua Caliente Band of Cahuilla
Indians("the Tribe'). Geopetro LLC seeks to develop a gas station and
convenience store on Mr. Prieto's Indian trust property located at 3600 East
Ramon Road,Palm Springs,California
The City of Palm Springs,Department of Planning&Building,Building Division
(hereafter"the City")rd4sed to grant a permit until Mr.Prieto pays a
Transportation Uniform Mitigation Fee("TUhff fee")'
The TUMF fee constitutes an illegal tax on Indian economic activity within the
reservation boundaries. Denial of this permit based on this tax is improper.
'The City contends that Geopetro must first pay the TUMF fee and then appeal to the
Coachella Valley Association of Governments(CVAG). However,Geopetro is not appealing the
TUMF fee,but the failure to issue the permit. Nonetheless,in order to ensure all administrative
appeals are exhausted,this appeal is being filed three places:(1)the City of Palm Springs City
Council,(2)the City of Palm Springs Administrative Appeals Board,and(3)CVAG. Geopetro
will pursue each appeal simultaneously.
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ORIGINAL
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Relief Sou¢ht
This issuance of a building permit for the convenience store development located at 3600
East Ramon Road in Palm Springs,Califomie.
Baelmround
Mr. Prieto is the beneficial owner of an Indian trust allotment within the reservation
boundaries of the Tribe. Mr. Prieto,through Golden State Enterprise LLC,a company in which
he is the controlling owner,is constructing a phased development on his allotment. As the initial
phase of this development,named Airport Plaza,Mr.Prieto,through another company he
controls,Geopetro(the appellant hum),is developing a convenience market with gas pumps
and canopies. Airport Plaza is an Indian-owned development on reservation land.
On January 26, 1999,Geopetro submitted an application to the City for all required
building permits,plan checks,inspections,and fees. Among the fees requested by the City is a
TLW fee of$134,992.75. The City is collecting the TUMF fee on behalf of CVAG.
TUMF Fees
In November 1988,Riverside County voters approved Measure A,which authorized a
one-half cent increase in sales tax over a twenty-year period to be used for transportation
purposes. The fiord of money will pay for 25%of regional transportation improvements. The
TUMF program was developed by CVAG to create an additional 25%for improvements to the
transportation system. The remaining 50%must be funded by local jurisdictions using federal,
state or local fiords.
CVAG describes TUMF as"a development impact assessment which will provide
funding for transportation improvements throughout the Coachella Valley dictated by the
demands of new development." In other words,a tax on new development.
The tax assessment is based upon the number of vehicle trips the new development is
expected to generate. The fee is calculated based on a table established by CVAG. The fee is
collected by the local jurisdiction and transferred to CVAG for allocation to the Regional Arterial
Program.
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TEO R Fees Cannot Be Collected from Indian DffAopers on Indian Land
The federal purposes implicit in setting aside Indian lands for the residence of the tribe—
self government and economic support—preempt state and local jurisdiction to tax Indians.The
reasoning applies to all foams of taxation and exaction. Mescalero Apache Tribe v.Jones.411
U.S. 145, 148(1973). As a matter of federal law,state or local government cannot impose a tax
on Indian economic activity or Indian trust land located within a reservation. This is generally
recognized as the per se rule against Indian taxation. McClanahan v.Arizona Tax Commission
411 U.S. 164(1973).
Federal preemption arises from extensive federal Indian land legislatioa,such as the
restrictions on alienation cited above. The protection of Indian trust land through federal
legislation has been one of the principal means by which the federal government has sought to
secure the economic well being and tribal autonomy of native Americans. "If tribal lands were
not subject to restraints on alienation and tax immunities,market forces and state tax assessors
would eventually erode Indian ownership of the reservation." Boisclair v. Superior Corot (1990)
51 Cal.3d 1140.
Moreover,the fact that California is a Public Law 280 state does not change the
presumption against taxation of Indian land. Bryan v.Itasca County.426 U.S. 373 (1976)
[holding that Public Law 280 did not authorize the taxation of Indians].
The TUMF fee is based on a local sales tax provision approved by Measure A.
Therefore,such a fee is unlawful under federal law. To the extent the fee is a disguised sales tax
on the patrons of the store,it is an impermissible sales tax. If the TUMF fee is characterized as a
fee to local government for transportation infinstructure improvement,it is an impermissible
encumbrance on the economic activity of a Tribal Member on Tribal lands. In any regard,the
TUMF fee,as applied to economic activity on Indian land,is a per se violation of federal law.
The City cannot withhold a building permit based on a failure to pay an illegal tax.
The Collection of TUMF Fees Violates the Citv's Agn ment with the Tnbe
The'City and the Tribe,in an agreement with the Tribe over the application of zoning and
land use regulations,entered into an agreement that allowed the City to"collect all fees
heretofore collected or as may be amended and reasonably related to the cost of.."zoning and
land use ordinances. This agreement was entered into before the passage of Measure A.
The TUMF fees are not part of the agreement between the City and the Tribe,which sets
forth the exclusive mechanism for the City to charge foes to Tribal members with respect to
zoning issues on Tribal land. Therefore,the City cannot impose payment of such fees as a
condition to issuing pgrmits for current development of Tribal land.
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Geopetm Is Providing Transportation Infrastructure
The stated reason for the imposition of the TUMF fee is to pay for improvemems to
transportation infiastructure. Geopetro(and its related entities)is paying for all the
transportation infiashucture improvements required by this development on Indian land
Geopetro will incur the following costs to improve the public right-of-way on Ramon
Road near Airport Plaza:
Adhft S
Paving Removal 24,010.00
Reinstall Paving 57,967.00
Traffic Signal 160,078.00
Traffic Striping 19,000.00
Curbs and Gutters 13,320.00
Adjust Manholes 1,375.00
A/C Overlay 5,120.00
X Gutter 3,750.00
Bike Path 19,950.00
Bus Turnout 10,800.00
Handicapped Ramps 1,750.00
Sidewalk 12,000.00
Overhead 49,038.00
Landscaping Right-of-Way 65,000.00.
Total Transportation
Infrastructure Improvements
In addition,Geopetro also intends to widen Ramon Road,which will require it to permit a
right-of-way to the City for additional property.
There is no basis to impose a TUMF Fee in addition to these improvemems.
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Conclusion
There exists no legal basis for the imposition of TUMF fees on Tn'bd land .As this is the
only stated reason for failing to issue a permit to Geopetro LLC,a permit should be issued
forthwith.
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• OP PALM Sp
City • of Palm Springs
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'`' •� Building Division
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October 25, 1999
Geopetro Mc
P.O.Boot 1319
Palm Desert,CA 92260
Please let this servo as final written clarification that we are unable to issue a building permit for
3600 Ramon Road Fast. The permit will"be issued until all fees am paid including the
Transportation Uniftan Motion Foe(T.U-KF.)-
The City ofPalm Springs does not have a process for appealing this fm The fee must be paid
and than appealed through Coachella Valley Association of Governments(C.V.AG) I am
attaching a copy of the appeal process for your review.
Ifyou have any questions please lot me Imow.
Sincerely, ,p
R O{4 � e
Angela A ranee
" Permit Center Technician
Post Office Box 2743 • Pajm Springs,California 92263-2743
ATTACHMENT 2
DATE: December 16, 1998
TO: City Connell
FROM: Director of Planning&Building
CASE NO. 5.0789 (PLANNED DEVELOPMENT DISTRICT 252) AND
TENTATIVE PARCEL MAP NO. 28907 - APPLICATIONS BY GOLDEN STATE
ENTERPRISE, L.LC, FOR A PRELIMINARY PLANNED DEVELOPMENT
DISTRICT AND TENTATIVE PARCEL MAP FOR THE DEVELOPMENT OF AN
EIGHT (8) LOT, MULTIPLE-PHASED, COMMERCIAL/MAIL CENTER ON
23.15 ACRES OF LAND WITH PHASE ONE DEVELOPMENT CONSISTING OF
A 3,100 SQUARE-FOOT MINI-MARKET WITH GASOLINE PUMPING
FACIUTIFS ON 1.22 ACRES OF LAND LOCATED ON THE NORTH SIDE 6F
RAMON ROAD, WEST OF AVENIDA EVELITA, M-1 ZONE, SECTION 18.
RECOMMENDATION:
That the City Council adopt a Mitigated Negative Declaration and approve Preliminary
Planned Development District No. 252 and Tentative Parcel Map 28907 for the
development of an eight (8) lot, multiple-phased, commercial/retail center on 23.15
acres of land with phase one development consisting of a 3,100 square-foot mini-
market with gasoline pumping facilities on 1.22 acres of land located on the north side
of Ramon Road, west of Avenida Evelita, M-1 Zone, Section 18, through adoption of
the attached Resolution of Approval with Conditions. The applicant is Damon Prieto,
owner and George Nicholas, officer of Golden State Enterprise, L.L.C.
BACKGROUND:
Goldea State Enterprise, LLC, has filed an application for a Preliminary Planned
Development District for a multiple-Abased commerciallretail center on 23.15 acres of
vacant land on the north side of Ramon Road, west of Avenida Evelita. The applicant
has also filed an application for a Tentative Parcel Map to subdivide the property into
eight (8) lots to allow for a phased development of the site. In conjunction with the
subdivision map, the applicant is also proposing to improve the entire Ramon Road
street frontage with curb, gutter, sidewalk, and streetside landscaping. In addition, the
applicant is proposing to build extensions of El Placer, north of Ramon Road and
Airport Centre Drive, west of Avenida Evelita and improve these street frontages with
curb, gutter sidewalk and streaside landscaping. The streets within the boundaries of
the project are proposed to be private, consistent with the planned development to the
east.
The proposed on-site development plan includes three phases. Phase One consists of
an ARCO amlpm convenience market with gasoline facilities on approximately 1.22
acres of land on the north side of Ramon Road, immediately west on the proposed
northern extension of El Placer. The main building within Phase One is approximately
3,100 square feet in size and includes an administrative office area on the second floor.
as part of Phase One. The second phase of development encompasses the remaining
6.01 awes of vacant land along Ramon Road. This area is proposed to be subdivided
into six (6) lots for the future development of commercial retail uses, such as
restaurants (sit down and fast food), general recoil and hotels. Phase Three, which
consists of the remaining 13.3 acres north of the extension of Airport Centre Drive, has
not been master planned for future development, but is of a size and shape that may
provide for a complimentary industrial or support use for the Palm Springs Regional
Airport.
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The applicant is proposing a continuous evergreen shrub hedge along the Ramon Road
and El Placer street frontages to screen the cars and pump island activity from public
view. Pursuant to the Zoning Ordinance Section 9306.00, a decorative screen wall
and/or bereft shall be used as screening devices for parking and loading activities.
The purpose of the screen wall and/or berming requirement is to insure that a screening
device will be provided independent of the fltture maintenance of the hedge. The
Planning Commission feels that it is essential to provide a permanent screening device
consistent with the provisions of the Zoning Ordinance to augment to proposed shrub
hedge and has incorporated a recommended condition of approval into the attached
conditions requiring a screen wall and/or significant berm to screen all on-site
vehicular and pump island activities from public view, to thg satisfaction of the
Director of Planning and Building.
PROPERTY DEVELOPMENT ANALYSIS:
At the request of staff, the applicant has increased the proposed landscaped setback
along Raman Road to an average of approximately 25 feet frdm property line across
the frontage of the proposed ARCO minimarket and gas station. The balance of the
lots fronting Rahn Road are shown conceptually to have a 20-foot landscape setback
from property lime along this major thoroughfare.
The Planning Commission has reviewed a comparison between the proposed project
and the existing Planted Development immediately to the east. While the proposed
interior private street minimum landscape setback of 10 feet is consistent, the required
minimum landscape setback along Ramon Road within the adjacent PD was 35 feet
from property line. All existing or approved projects within the PD (Fatburger, Mobil
Airport Car Wash and Enterprise Rent-A-Car) comply with this requirement, except
for the portion of Raman Road frontage where a bus lacy turnout was required. Given
the specific constraints related to on-site traffic circulation and fuel tanker maneuvering
with the ARCO facility, staff is recommending that a minimum landscape setback of 25
feet, only across the frontage of Parcel 3. A condition of approval has been
incorporated requiring a minimum 35-foot landscape setback (Prom property line) for
the balance of the lots along Ramon Road (Lots 1, 2 and 4 through T) and a minimum
10-1oot landscape setback (from property line) along all interior street frontages
(Airport Centro Drive, El Placer, Avenida Evelita) on future phases. In addition,
streetside landscaping for all street frontages shall be installed in conjunction with
Phase One, prior to occupancy of the ARCO am/pm mini-market. This
recommendation is consistent with the approved conditions for the adjacent
development to the east.
Ramon Road is identified on the City's General Plan Land Use Map as a major
thoroughfare. A raised, landscaped median may be required on major thoroughfares
where it helps maintain an appropriate level of service. Although it is desirable to have
a landscaped median on Ramon Road across the project frontage, the minimal distance
of the property frontage in comparison to the distance in which the median does not
currently exist (from Vella Road westerly)makes construction of the median across the
project frontage impractical. Furthermore, the City does not currently have an
established mechanism (i.e. landscape maintenance district, community facilities
district) to provide landscaping within raised landscaped median throughout the City.
Therefore, the Planning Commission is only recommending that the existing median
striping on Ramon Road be modified to reflect new turn movements associated with
development of this site and the new signalization, to the satisfaction of the City
Engineer. The Planning Commission is recommmling that the developer enter into a
covenant with the City for the future construction of the landscaped median. This
recommendation has been included in the attached conditions of approval.
M-1-P Performance Standards, it is not anticipated that any proposed or future use on
the property will be conducted in a manner inconsistent with these requirements.
The proposal includes a subdivision of the 23.15 acre site into eight (8) lots ranging in
size from 0.71 acres to 13.3 acres. Lots 2 through 7, all of which have frontage along
Ramon Road, are the smallest lots within the subdivision, ranging in size from 0.71 to
1.22 acres. These lots are contemplated to be developed with restaurant and/or retail
uses.
Pursuant to Section 9217.03A of the Zoning Ordinance, all lots which are adjacent to a
Major or Secondary Thoroughfare, such as Ramon goad, are required to have a
minimum lot size of 40,000 square feet, which equates to apprbximately 0.92 acres.
During the development review process, staff has noted concern with the future
development flexibility for the smaller parcels, especially lots 2, 4; 5 and 7"all' of
which are 0.75 acres or less. These parcels are of a suitable size for fast-food
restaurants and/or smaller retail buildings, but would be difficult to develop with other
complimentary uses, such as sit-down restaurants. As proposed, these lots are of a size
where they would be difficult to develop with buildings with a footprint any larger than
a fast-food restaurant, and still meet all applicable development criteria, such as
parking and landscaping. Therefore, the future development options for the applicant
could be restricted on these parcels.
Staff expressed concern throughout the development process and the Planning
Commission concurred that the potential for a large number of fast-food establishments
along Ramon Road within the master plan boundaries, and more broadly, between
Gene Autry Trail and El Cielo Road, is a significant planting issue. Since these
smaller parcels are most conducive to the establishment of fast-food restaurants, it is
possiblb that as many as four fast-food restaurants could locate within the boundaries of
the master plan area. In addition, the Fatburger Restaurant is within one-eighth of a
mile east of the eastern boundary of the project. The Planning Commission
recommended that the number of fast-food, drive-dtrouugh establishments along the
Ramon Road project frontage be limited to a maximum of two parcels within the
subdivision and Planned Development. The Planning Commission also required that
clear, concise notes regarding this condition be provided on the Final Development
Plans and the Final Parcel Map. Each fast-food restaurant proposed will also still
require consideration through the Architectural Approval process, consistent with the
Planned Development to the east.
The applicant is proposing to reduce the required number of parking spaces for phase
one development of the convenience market. The Zoning Ordinance requires one
parking space per 200 square feet for automobile stations with mini-markets plus one
parking space for water/air dispensers. With a 3,100 square-foot mini-market and air
and water dispensers, this project will be required to have a total of 16 parking spaces.
A total of 13 parking spaces are shown on the phase one site plan. Originally, the
applicant was proposing an additional four Barking spaces near the northeast corner of
the parcel. However, during the development process, these four panting spaces were
removed and replaced with landscaping, as it was recommended that the applicant
incorporate more landscaping on-site, especially along the perimeter of the parcel. The
Planning Commission has reviewed a comparison between this proposal with the
existing ARCO am/pm facility at the southeast corner of Vista Chino and Sunrise Way
and it is projected that the current proposal will have sufficient panting on the
property. A condition of approval has been incorporated into the attached conditions
requiring that reciprocal parking and access throughout the proposed master plan area.
.,. G 15
ano
a.AwvJ4
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
Staff has prepared a detailed Environmental Assessment of the project. In completing
the Fmv mnmental Checklist, staff found that there could be a significant environmental
impact in certain areas, such as traffic and circulation, if mitigation measures are not
incorporated into the project design. However, on the basis of the Initial Study,
including all recommended mitigation measures as recommended conditions of
approval for the projeM it has been determined that the proposed project could not
have a significant effect on the environment, and the Planning Commission
recommends that a Mitigated Negative Declaration be prepared.
A traffic impact analysis was submitted by the applicant in conjunction with the
application to assess all current and projected traffic patterns and counts in the
immediate area. All recommendations of the study, which include ttaffic signalization
at the Ramon RoadBl Placer intersection, frill width improvements along the Ramon
Road frontage project, as well as all staff recommendations relative to the final design
of EI Placer and the elimination of the direct vehicular access on Ramon Road for
Phase One, have been incorporated into the attached conditions of approval.
All property owners within a 400-foot radius of the site boundaries were notified of the
City Council Public Hearing. As of this writing, staff had not received any opposition
to the proposed project.
PLANNING COMMISSION ACTION:
On November 12, 1998, the Planning Commission voted 6-0 (one absent) to
recommend approval of the Preliminary Planned Development District and Tentative
Parcel'Map subject to conditions, and adopt a mitigated negative declaration for the
project. The attached Conditions of Approval have been modified to reflect the
recommendations of the Planning Commission.
A number of topics were discussed at the Planning Commission megtmg. First, the
Commission determined that the unsignalized driveway access onto Ramon Road for
Parcel 3 was deemed acceptable in its proposed location subject to design
modifications. Secondly, the Planning Commission determined that it would be
appropriate to modify the street section for El Placer in order to accommodate a second
northbound travel lane and a landscaped median. Third, the Planning Commission
recommended that a screen wall and/or undulating berming be required across the
Ramon Road frontage to screen on-site vehicuW activities from areas of public view.
Finally, the Commission recommended that the traffic signal at the Ramon Road/El
Placer intersection be installed with the development of Phase One.
The Traffic Study prepared for this project indicated that a traffic signal would not be
warranted until Phase Two, the development of the balance of pad buildings along
Ramon Road. The proposed gas station by itself would not meet any of the traffic
signal warrants included in the study. Pedestrian warrants were not included in the
may.
Engineering staff ugly recommends against installing traffic signals where,warrants
are not met. Unwarranted signals have been shown to result in unnecessary delays to
major streets, such as Ramon Road, and ultimately tend to increase the number of
drivers who ignore the signal, compromising Vehicular safety.
DOUoLAVL EVANS, Director,
Planning and Building
City Manager
ATTACHMENTS:
I. Vicinity Map
2. Tentative Parcel Map
3. Site Plan(Phase One)
4. Draft Planning Commission Minutes dated November 12, 1998
5. Environmemal Assessment
6. Resolution/Conditions
a -u- 17
a-u - ��
CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING AND BUILDING
INITIAL STUDY
Application No(s:): Case No. 5.0789(ID 252)
Tentative Parcel Map No. 28907
Date of Completed Application: October 8, 1998
Name of Applicant: Golden State Enterprises, LLC
Project Description and Location:
A proposed Planned Development District application for the development of a multi-phased,
master-planned, 23.15 acre commercial/retail center with Phase one consisting of a 3,100
square foot ARCO am/pm mini-market with gasoline pumping des on a 1.22 acre parcel
located on the north side of Ramon Road, west of Avenida Bvelita, M-1 Zone, Section 18.
A proposed subdivision of approximately 23.15 acres of land for the purpose of creating 8 lots
for property locked on the north side of Ramon Road, west of Avenida Evelita, M-1 Zone,
Section 18.
General Plan Land Use De siguation(s): A (Airport and Related Uses)
Proposed General Plan Land Use Desigoation(s): No changes proposed
Present Land Use(s): Vacant land
Existing Zoning(s): M-1 ( Zone)
Proposed Zomng(s): Planned Development District 252
I. is the proposed action a "project" as defined by CBQA? (See section
2.6 of State CBQA Guidelines. If more than one project is present in
the same area, cumulative impact should be considered). ®Yes ONo
II. If "yes" above, does the project fall into say of the Emergency
Projects listed in Section 15269 of the State CBQA Guidelines? OYes ®No
III. If "no" on II., does the project fall under any of the Ministerial Acts
listed in Section 15268 (b) of the State CBQA Guidelines? Oyes ®No
IV. If "no" on III., does the project fall under any of the Statutory
Exemptions listed in Article 18 of the State CEQA Guidelines? OYes ®No
V. If "no" on IV., does the project qualify for one of the Categorical
Exemptions listed in Article 19 of the State CBQA Guidelines?
(Where there is a reasonable probability that the activity will have a
significant effect due to special circumstances, a categorical exemption
does not apply). OYes ®No
VI. Project Description: The proposed project contemplates the
development of a multi phased, master-planned, 23.15 acre
commercial/retail shopping center with phase one development
consisting of the development of a 3,100 square foot ARCO am/pm
mini-market with gasoline pumping facilities on a 1.22 acre parcel
located on the north side of Ramon Road, and west of the northerly
extension of El Placer Road. The 23.15 acre master planned area is
generally located on the north side of Ramon. Road and west of
Avenida Evelita. In addition, the project consists of a proposed
subdivision of approximately 23.15 acres of land for the purpose of
creating 81ots for property located on the north side of Rana Road,
west of Avenida Evelita, M-1 Zone, Section 18.
The site is zoned M-1 (Serviceillanufacturing Zone) such that the
proposed Master Plan is best suited to be processed as a Planned
Development District pursuant to the provisions of Section 9403.00 of
the City's Zoning Ordinance.
In addition, a Tentative Parcel Map is being processed to subdivide the
23.15 acre site into eight (8) lots for phased development of the site.
Phase One, which consists of the 1.22 acre parcel at the northwest
corner of Ramos Road and El Placer, will linclude the on-site
development of this parcel, as well as all off-site frontage
improvements along Rahn Road (curb, gutter, sidewalk,
landscaping), the construction of El Placer and Airport Centre Drive,
aA-a�
and aheetside landscaping along all sum frontages.
VII. Site Description: Ile site is currently void of any structures Lures and
consists of compacted dirt and other native vegetation. The site slopes
minimally from north to south.
VM. Surrounding land uses:
North: Vacant land-A zone
South(across Ramon Road): Office buildings and vaunt land- P
zone
East (across Avenida Evelita): - Existing mixed commercial use
development and vacant land-PD 189 and M-1 zone.
West: Existing Condominium project-R-2 zone
Surrounding General Plan:
North: A (Airport and related uses)
South: P(Professional)
East: A (Airport and related uses)
West: M 15 (Medium Residential)
IX. Is the proposed project consistent with:
If answered yea or not applicable, no explanation is required)
City of Palm Springs General Plan ®Yea DNo []N/A
Applicable Specific Plan Dyes DNo ®N/A
City of Patin Springs Zoning Ordinance ®Yes []No []N/A
South Coast Air Quality Management Plan ®Yes DNo DN/A
Airport Part 150 Noise Study ®Yes DNo DN/A
X. Are there any of the following studies required?
1. Soils Report ®Yes ❑No
2. Slope Study Oyes ®No
3. Geotechnical Report ❑Yes ®No
4. Traffic Study ®Yes ❑No
5. Air Quality Study ❑Yes ®No
6. Hydrology ®Yes ❑No
7. Sewer Study ❑Yes ®No
8. Biological Study ❑Yes ®No
9. Noise Study ❑Yes ®No
10. Hazardous Materials Study ❑Yes ®No
11. Housing Analysis ❑Yes ®No
12. Archaeological Report ❑Yes ®No
13. Groundwater Analysis ❑Yes ®No
14. Water Quality Report ❑Yes ®No
15. O1her ❑Yes ®No
M. Incorporabod herein by reference is the Final
Plan LhWO. Traffic Imp=801dy for�rt Plaza, prepared by ACTT Consulting
Bngineers and Pre imin=HYAmImysjy Cdadadma for AkMd 1»am FWared by
CNC Engineering. htc.
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so nahtral drainage course or flood control channel exist on the ske. The the is located nosh of the Tabgft Creak channel.
Therd ie,die p 4m will not be Impacted by water cad flood related issues not aeate impacts on water related haves.
5. AIR Zi At i TrY
Would the proposal:
a) Violate any air quality standard or contribute
to an adetag or projected air gnUW
violation? ❑ ® O O
b) Bxpaee sensitive receptors to pofluam ? ❑ O O
c) Aker air movement, moistuM or
temparatum amuse any champ is climate? O O O
d) Crate cNecdonable odors? O O ❑
!.a) POTENTIALLY SIGNIFICANT UNLESS MMGATLON INWRPORATED. The project is consimmt with the Gemaral
Pin and me Zoa ft Onilmom Wkh the adoption of the General Plan update in 1993.tits City Commit adopted a Shtement of
Overrift Considerations regardimg air qu ty. Tbh sumentent admmwledpee dot it is not hadble to reduce Chy-wide growth
related Impacts to air quality to a krd of insignificance at this time. Addition*,due to the relatively small mine of do mraafl
prgjers In nowd catems and the projected number of employers and patron at say a e time shsaid not have a dgdflamt impact
on do surrounding area.Tic project will also be consistent with the Sonth Coast Air Quality Mamapm ent District(SCAQMD)
CEQA Air Quality Handbook- However.due to project tam aueliom and grading activities,duct teem huprrts to air guahky could
occur.The project will tas need to comply with the CWs Fughive Dust and Erosion Contrd Ordinsooe.Theredbre,shot term
impacts(PKIO related)will be mNipstted to a level of imigmiflaroe.
S. ON). NO EdPACT. The project will be located on a site tat is surmmded by vacant land in all dketdons ame1 lbr tic
west, where a oondomidnm project currently adsts. Phase One development is at kart 200 fact from development in every
direction. Additionally. the she and same of the p qua is such that a champ in climate will not cans. WI&the proposed
commereld and renal ones anticipated on the site,such as service station and rtntansaatr,all neees ary mitlgmtmn measuros will
be required relative to odor control prior to operatk t. lberefo e, no impacts will aaar as a result of this prtject to senddve
receptor and the current climate.
N dpadoa Nk ma
1. The applicant doll be required to submit a Fugitive Dust Mldpdoo Ptah,preprte I in accordance wish Chapter SJO of
the Palm Sprimp Municipal Code reprft Fugitive Dust and Brodon Control,which dolt be sdm tied for review and
approval by the BWWiog Oflleld prior to the imam of a grsdkp pamlt.
6; TRANSPORTATION/ IRCUTATION
Would die proposal result in:
a) Baimated Averspe Daily Trips generated by the
projed? (S.F - 10; M.F. - 6; or atom)
NW. O ® ❑ O
b) Incased vehicle trips or traffic O ® O O
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Potentially Udm Less Ulm No
Significant Mitigation impact
S. ENERUY AND HHERALUBDIUM
would me proposal create:
a) Conflict with adopted energy conservation
place? ❑ O O fel
b) Use na�rooewable team=in a waeWbl and
ivdfic(ar Mannar? O O O
c) Result in the iota of availability of a known
mineral resource dot would be of a MMe valve
to the region and the of the Staa7 ❑ O O
84 c) NO 1MPACr. Due to the size and nature of the proposed planned dewdapmmcm,.die project will not conflict or interfere
with an energy'comervadon plan. Aldiough Phase One of the project commuplams the development of a gas dispensing hdllty,
die sale of gasoline will ant occe in a wamclid and icefficfent manner. It is anticipated dale pan=of don gas station will be
commuting bctareen destinations,and dart the gas station itsdf will not typkally serve as a deshution for momrlats. Thavibm
tide project should not read[in a negative impact oa energy and mksaal ramaces.
9. HAZARDS
Would the proposal:
a) Be a risk of accidental explosion or release
sutatances(including,but ant limbed to: oil,
pesticides,diemiahn,or radiation? ❑ O O
b) Grua possible Interfaernce with an
enimpow response Plan or emovaq
evacuation plad O O O
c) Grue ar y haldt hazard or pole" health
hazard? ❑ O O
d) Goa expmme of people to exishq{ sources
of potential bald& hazards? O O O
e) Inomme do risk of fire hazard in areas wldt
flammable brush. Smas or trees? O O O
9.a)-e) NO IMPACT. In the Judgment of the Department of Plc and Building,th avaWbft and swage of gas prodscis
proposed with Phase One development should Ewe no adverse negative impact to existing or fAM m s in ele arc.
Forde oor%the hat illation and monitoring of new underground gas tanks doll be addreemd porsoa .m Tide Votdo Riverside
Department of Baviromenol Hakit Hazardom Mmerlds. The entire site Is currently view and so!mown hazardom materials
are known to either be Wad on the property, burled underground or will be need in widt the proposed aelmal
hospital use.Aaxnding to the General Plan,the die would be in a No Fire Rhk area. The proposed project will no pate any
possible intafarvoe with an emergency reverse Plan and will not pate any hahlt hazard. Themf % 08 project will rot
result to a risk,dos peas any haft bands,nos expose people to potential haft hazards.
10. )
Would tit proposal result iv:
a) Increases in arising noise levels? O O O
Significant
Potentially unless Leas Than No
Significs Mitigation Significaut Impact
b) Exposure of people to severe noise kvds7 O O O O
c) Will the project be compatible wish the noise
compatibility planning criteria according to Table
6-F of the Palm Springs Municipal
Airport P.A.R. Part I50 Notre Cility
Saw OYES ONO
10.a). NO hMPACf. The proposed comme cialfretaff center, with Phase One development of a convenience undo with gas
pumping fid8tla is not expected to psame noise levels grater than noise levels stated within too Chapter 11.74 of the Palm
Springs M=L*d Code. Additionally,the project she is not located in proximity to say sensitive receptor.Tihemkm no impact
regarding wise is expected to occur as a rank of die project.
10. b). SIGNIFICANT UNLESS WMGATTON INCORPORATED. The project is located within an area subject to periodic
nose Levels above 65 CNEL (noise impact combiwtog zone), as ldeotitled by die City of Man,Sprhags General Plan and the
Zoning Ordimnoe. The gels:source that psoducea the periodic noise Levels is air traffic from tie nearby Palm Spriggs Regional
Airport. The proposed use is not expressly Prohibited in the area and, it proper mil pd m are incorporated into the enascual
dedga of the building, the noise Level should be limited to a Level of insignificance.
1. A standard`Avigation comment and nonauk coveame in form prescribed and approved by the City AmM sing be
Provided by and with rekrmce to present and fours owners of the land an which tie structure is to be Weaned. The
developer shad sign said agreement as to die admowledgment of do note levels created by rho Palm Spriggs RcgiomP
Airport and hold the City of Palm Springs barmtess relative to any noise issues associated with the a4aceot airport to
eordxmcdm with development of their project for development.
2. Construction of the buildhhg stall comply with and meet minimum sormdproofrog reghtreaDents applicable 10 the prgm
per Section 1092 (and related section.if my)of m&25,Cai fords,Administrative Code and any applicable Uniform
Building Cade requirements to assure tot interior noise an be mhtgssed to .safe" levels, approximately 45 CNBL.
Details of how the required noise attenuation can occur shall be incorporated into the required construction drawings,
which shall be rsvkwed by the City for compliance prior so the ismance otbolift permits.
11. PUBLIC SER3MM
Would the proposal have an effect upon or result in a
need for new or altered goverameot services in ay of
the hilowlag areasx
a) Fire Irk O O O O
Distance to nearest fire station MOTT.�
b) Pdbe l O O O O
e) Schools? O O O O
d) Maintenance of public Willies, including
roads? O O O O
c) Other governmental sa^'WW O O O O
11.a)-e) NO 1h1PACT. The proposed project is within the Chy's five mines:spouse time lbr fire service and within dose
prey to the Police stator Given the nature of the proposed gas station use with Phase On, the Palm Spriggs Fire
Department will require the the six be equipped with appropriate fire control measures. The project will be adegnatdy serviced
by other public services as well, and school ibex are required for an new constructims to midgsse any potential impacts so the
a - Q• a9
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PnteOW [Ideas Ina TIm No
Significant Mitlgadm Significant Inspect
DWM IMPOO
14. CULTURAL IRAs RESOURCES
Would me proposal:
a) Disturb paleontological resources? O O O
b) Disturb archaeological resources? O O O
c) Afflict hhxerherl resources? O O O IN
d) Have the potential to cause a physical change
which would atibcr unkpe cthdc cultural
values? O O O
e) Reams existing religious or sacred uses
within the pool" impact area? O O O
14.it)-a) NO BeACT. According to the Oenad MA the subject site Is not bated within an Archaeological Resources Ara
sack dot no manners of historic or arc6eobgial significance are Identified an the she Therefore,no impacts so meheologlad
and historic resources should occur as a result of this project.
IS. EECREMON
would the proposal:
a) Incase the demand for odghtimbood or
regional pautre or other roanNoal 8clfitia? ❑ O O
b) Affect existing recradoal opportunities? O O O
IS.a)-b) NO D eACT. The exuustrtuaion of tie eommacialfretafi coma and relied subdivision of land will not immerse the
demand for rewoNOal 8clB8es our will it affect etisd raapdoml lSullhks.Thaefom a negative impact on existing or the
demand for recreational fisdltfs will not occur as a result of Wit project.
16. PEMLIC CONTROVERSY
a) Is the proposed project or action mvi oomeonQy
controversial in aturu at an It renooe*
be exposed to become
oammroedal Won disclosure to the purWb? O O O
16. NO 11PACT. The proposed commerciaUraall oecfer master plan ad related Tentative Parcel Map are a ohdad with the
Oaaal Pis and Zoning Ordinance. As pa the social;Ordinance Salim 9403AQ the project it being psoxssad as a Planned
Development, which the proposed project is crosistest in spirit and huent. In Will , due proposed project is surrounded by
predomhamely vacant had and has been designed to minimize die potaaial for public concern in due arc. AN propony owners
wlthb a 400 foot radius will be notified of do public hearing for the Planned Development application and Te main Parcel Mau,
which will m*dre cooddeaatbn by do CWs Phuohtg Commission and Chy Council. Thus,b do judgment of the Department:
of Ph dog and Baik bg,the psojas is not(mown to be emironmeoWgr omauversW, nor is it tenon*aupeoted to become
cmnaramal upon disclosure to the public.
POMONY ud= Less Tbm No
Significant Mitigation Significant WOOL
17. MANDATORY FINDINGS OF
a) Does the preja t have the potential to degrade tie
quality of the envirornnNC wismo wly reduce
the habitat of fish or wfidlite spaces canto a fish
or wig population to drop below self-
sustaining levela,threaten to eliminate a plant or
animal community,to&=the number or restrict
the moge of a rue or endangered plant or
aobual,or dimivaoe hopoaant examples of the
msjor periods of Cal0brom
bistoy or 1 O O O
b) Does the project have the potauhl to scidave
shormann, to the disadvantage of long-term,
sow O O O
c) Does the project have hopaos that am
individually armed, but armnlatively
c able? eCumniatively conddemble-
nu aua dot the incremental effects of a prcdm
arc considerable when viewed in connection
with the eReuxs of past p*M. the effects of
otter current prgiaas,and efiaas of probable
fin are projects.) O O O
d) Does the project have envirommnl dh m
which win cause substantial adverse efftu
on hum bdop4 O O O
17. a) - d) NO WAM This amdua(on is based upon the responses in l through 16 of this enviomenml ameasment.
Thaefmu,them should be no potential for a significant impact with the proposed mitipdm mas ores as a rain of this project.
Is. LMM BELOW THE PERSON OR PERSONS WHO PREPAR13D OR PARTICIPATED IN
THE PREP RATION OF THE DINIAT.STf Y:
Richard hard L Patemud%Planning Manager
Steve Hnl m AMP,Associate Hama
19.
On the bads of this idWl evahnatbn
O I find die proposed project COULD NOT have a significant efif x t on the environment,
and a NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a dpifitant effect on the
environment, time will not be a significant effect in this case because of the mitigation
measures described in the Mitigated Negative Declaration.
I find the Proposed Project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
O I find that the Proposed Project is consistent with the Program ERR on:
October 19, 1999
Donglas R. E Date
Director of Planning&Building
a - �i • INS
APPROVED BY PLAIMINU UOMM ION
111016 w Date Initial
APPROVED BY CITY COUNCIL
RESOLUTION NO. JJy30 /�/(L . S.o7F9�P�j�
�M7
ESlM1T A T s*ft s M3 0 Ordinew #_ __
AL JECT TO Erf W EO
GOLDEN STATE EMERPRISE9 Cos IONS GY AME MR.
Case No.5.0789/PD 252JTPM 28M
North site not Ramon Road,west of Avenida Evelita
December 16, 1998
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shell be completed to time
satisfaaion of the City Boginew, the Director of Planning, the Chief of Police, the Fine Chief or
then'designee, depending on which department recommended the condidon.
Any agreements, eascum ads or covets required to be catered into shall be in a form approved
by the City Atto®cy.
ENGHUCHBENG.
The Bngim eft Division recommends that if this application is approved, sash approval is
subject to the following conditions being completed in compliance with City standards and
ordinances:
Before final acceptance of the project, all conditions listed below sball be completed to the
setisandon of the City Bvghm r.
SAMMY SEWER
1. Convect all sanitary he ides to the City sewer system. lateral shall not be
connected at manhole.
2. •Developer shall construct an 8 inch sewer main across the entire AIRPORT
CENTRE DRIVE AND EL PLACER fiontages and comma to the cdsteg 15
inch seams main at intersection of Ramon Road Bast and into do existing 8 inch
sewer main in Airport Cenft Drive east of Avenida Bvelita.
3. All sewer mains comuocted by the developer and to become part of the City
seams system shall be televised by the developerprior to acceptance of said lines.
4. Slrbmrit sewer improvement plans prepared by a Registered Civil Bagbmer to the
Engineering Division. The plans shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal shall include the following:
A. Copy of signed Condition of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements6 encroacbment
a greements/kicenses, covenants, reimbursement ate, ew. required
by these conditions.
C. sewer Studyfflwport,IF muired by these conditions.
GRADM
5. A copy of a TMe Report prepared/updated within the past 3 and copies of
record documents shall be submitted to the City Bngioeer with the first submittal
of the Grading Plan.
6. Submit a Grading Plan prepared by a Registered Pwkssional to the Engineering
Division. for plan check. Grading plan shall be snbmiaed to the Planning
Department for comments prior to submittal to the Engineering Division. JU
Grading Plan shall be approved by the City Engineer prior to issuance of aW
grading or building permits.
Ism submittal includes the following:
A. Copy of final Planning Department comments.
B. Copy of signet Conditions of Approval from Planing Department.
C. Copy of Site Plan stamped approved and signed by the Planing
D. Copy of Me Report preparaltupdated within past 3 momhs.
E. Copy of Soils Report,IF required by these conditions.
F. Copy of Hydrology StudyMeport,IP rcquirod by these conditions.
a. Copy of me General Construction Activity Stagy Wafer Prcutit from the
State Water Resources Control Board (Phone No. 916 657-06M to the
City Engines prior to issuance of the grading permit.
7. Drainage maim shall be provided adjacent to all curbs and sidewalks - 3' wide
and 6• deep -to keep nuisance water from entering the public struts, roadways,
or gutters.
8. Developer shall obtain a General Corotructim Activity Sum Water Permit from
the state Water Resources Control Board abone No p16r6s7-0687) and
provide a copy of same, when executed, to the City Eoginew prior to issnaoce of
theipermit.
(Phis permit Is required where oonstmetion activity mob In lam disaubance of
5 Ac. or more OR Iess than 5 Ac., but part of a larger common plan of
devekopmeot or sale.)
9. In accordance with City of Patin Springs hbnkipal Code, Section 8.50.00, the
developer shall post with the City a cash bond of two thousand dollars
($2,000.00) per acne for mitigation measures of erosioniNowsaxid relating to his
p>operY and developmu.
a � G - 35
10. A soils report Prepared by a licensed Soils Engineer shall be required for and
hmrpmT&d as an integral part of the grading plan for the preps site. A copy
of the soils report shall be submitted to the Building Department and to the
Bogloming Division along with plans, cdonladons and otbai kfintmadon subject
to approval by dye CIW Engineer prior to the issuance of fhe grading permit.
11. Contact the Daift Department to get PM10 requirements prior to request for
grading permk
DRAjNAi�
12. The developer shall accept all flows impinging upon his land and conduct these
Ron to an approved drainage structure. On4k reteation/detendon or other
measures approved by the City Engineer shall be required if off-m hdWw are
determined to be unable to handle the increased flows generated by dye
devok nyent of the site. Provide a detailed drainage study to determine N the
developed Q exceeds the capacity of the approed drainage carriers prior to
approval of the Paroel Map.
13. The project is subject to flood control and drainage implementadon fax. The
acreage drainage fee at fie present time is$9,212.00 per am per Resolution No.
15189. Fees shall be pail prior to issuance of a building permit.
BEHMAL
14. Any uMW cats in fie esisdng offsite pavement made by this development shall
receive trench replacement pavement to match existing pavement plus one
additional inch. See City of Palm SOW Standard Drawing No. 115. Pavement
shall be restored to a smooth rideable stulke.
15. All proposed utility lines on/or adjacent to this project shall be undwWounded
prior to issuance of a Certificate of Occupancy.
16. All existing utilities shall be shown on the gcading/sized plans. The existing and
proposed service laterals shall be shown from the main line to the properwy line.
The approved original gradiog/strxt plena shall be as4x t and returned to the
CftX of Patin Springs Engineering Division prior to issuance of the certificate of
17. The developer is advised to contact all utility pmveyosa for detailed reqndrements
for this pre ject at die earliest possible date.
18. Nothing shall be cxnsftucted or planted in the coma cuff area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Standard Drawing No. 203.
19. All proposed tress within the public right-off and within 10 fled of the public
sidewalk and/or nab shall have City approved dap root barriers instaIled per
City of Palm Springs Engineering Vemcadons.
20. The Engineering Division recommends deferral of off-site improvement 1TE m
32, 33 and 34 at this time doe to lack of full h opwomeats in the immediate area.
The developer shall eater into a covenant agreeing to construct all mentioned
Improvements along the entire frontage upon the request of the City of Palm
Springs Director. Department of Trampartatiom at such time as deemed
necessary. The covenant shall be submitted with the Grading Plan. The Grading
Pemdt will not be issues until completion of the covenant.
21. Any improvements within the street right-of way require a City of Palm Springs
Encroachment Permit. work shall be allowed s000rdiog to RODWIon 17M -
Restcictiog Street Work on Major and Secondary Thorough6m.
22. Submit street improvement plans Prepared by a Registered Civil Engineer to the
Engineering Division. The plans)shall be approved by the City Engineer prior to
Issuance of any grading or Waft permits.
Minimum submittal shall include die following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement Plans approved by City Engineer. IF
applicable.
C. Proof of processing dedications of r3ghtrof-way. easements, coccoacbment
a- covenants, reimbursement agreements, etc. required
by these conditions.
23. The developer shall pay his proportionate share of the Ramon Road East at El
Cido Road or Ramon Road East at Vella Road Traffic St#ft and Rung
Improvements which have been calculated to be$1,740.00 per the Traffic hoped
Study,dated October 5, IM,Prepared by ACT Consulting Engineer, Inc.
RAMQNROAnRAST
24. Dedicate an additional right-of-way of 10 fat to provide the nldmate half street
width of 50 feu along the entire finntege and an additional dedication of night-f-
way for the bus tun-out and sidewalk along a portion of the fignaggs of parcels 1
and 2.
25. Dedicate an additional 12 loot wide easement for lame, sidewalk and bicycle
path puposep along the entire fi+ontage.
26. Construct an 8 inch curb and gutter,42 feet NORTH of cen erline along the entire
fib, with a 35 foot radios curb re, at the SOUTHEAST comer of the
subject property.AND AT THE RAMON ROAD EAST AND EL PLACER
DnIMSECTION per City of Palm Springs Standard Drawing No. 200.
27. Construct the EAST AND WEST halves of a 6 foot cross gutter and spandrel at
the intersection of RAMON ROAD EAST and EL PLACER with a flow line
Parallel to the waterline of RAMON ROAD EAST in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
28. The driveway approach shall be constructed in woordanoe with City of Palm
Springs Standard Drawing No. 205 and boo a minimum width of 24 feet to
aecomodate a curb ramp on bath sides north of the "park chop" median island.
The driveway approach shall be right turn in and right tau out only. The median
island shall be designed to discourage left turning movements acm Ramon Road
East.
29. Construct a mhdmmn 8 foot wide sidewalk behind the curb along this entire
f stage in accordance with City of Pahn Spdags Standard Drawing No. 210.
30. Camstnuct a 8 foot wide Class I meandering bicycle path (Calttans•Design
Manual, Chapta. 1000-B&mq Planains and Design)along the entire fiontage.
The bicycle path shall be conottucted of colored Portland cement concrete. The
airtmee shall be Desert Sand, Pahn Springs Tan, or approved equal color by
the Engineering Division. The conmft shall receive a broom finish.
31. Camstmct a curb ramp meeting current Califoi State AccesdI ty standards at
the NORTHWEST AND NORTHEAST comers of the Ramon Road Bast and ID
Placer Intersection and at the NORTHWEST corner of the Ramon Road Bast and
Avenida Evelita intersection per City of Pahm Springs Std. Dwg. Nos. 212 and
212A.
* 32. Conatruct a 14-foot wide landscaped, raised median island as specified by the City
Engineer ffam AVENIDA 13VffidTA to THE WEST PROPERTY LDM.
Provide a left tum pocket on the NORTH AND SOUTH sides of the RAMON
ROAD BAST at EL PLACER hneceection. The nose width shall be 4 feet wide
and shall bane stone cobbles to the point where the desertscape can begin. The
Length of the turn pocket shall be determined per C,alhxns Highway Design
Manual Sec.405 and be approved by the Chy Engineer..
* 33. Remove and replace existing pavement with a miiam pavement section of 5
inch asphalt coomft pavement over 4 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
proposed barrier curb to clean sawcut edge of existing Pavement along the Mire
flu age of the landscaped median island in accordance with City of Palm Springs
Standard Drawing No. 110 and 347. The pavement section, shall be designed,
using "R" values,by a licence Soils Engineer and submitted to the City Engineer
for approval.
* 34. Constiuct an 8 inch barrier curb as required for die landscaped median island,
inclusive of turning podmts, per City of Palm Springs Standard Drawing No.
200.
35. Construct a 14 hoot wide painted median island fi+om the RAMON ROAD EAST
at AVBNIDA BVELITA intersection to the WEST PROPERTY IlNE. Provide a
left tum pocket on the NORTH AND SOUTH aides of the RAMON ROAD
BAST at EL PLACER intersection. The rase width shall be 4 het wide. The
length of the turn poclaxs shall be determined per Caltans Highway Design
Manual Sec.405 and be approved by the City Engineer.
36. Conswid a 160-ibot long by 12-foot wide bus tum-out on a portion,of the parcel
1 and 2 frontages. The configuration shall be approved by the City Engineer in
eomjumin with SWI= Transit. Contact SudLme Transit for details regarding
bus stop fumitmelsbdkr requirements.
37. All broken or off grade CURB , GUTTER AND AC PAVEMENT shall be
repaired or replaced along the entire property frontage a4went to the property.
38. Remove and replace existing pavement with a inn pavement section of 5
inch asphalt concrete pavement over 4 inch aggregate base with a mm mu n
subgrade of 24 inches at 95% relative eonipaction, OR equal, fiat edge of
proposed gutter to clean sawru t edge of existing pavement along the entme
frontage is accordance with City of Palm Sprites Standard Drawing No. 110 and
347. The pavement section shall be designed, using "R" values, by a licensed
Soils Begineer and submitted to the Chy Brigioeer for approval.
39. Construct a 6 inch curb and gutter, 29 feet both sides of centerline along the
entire f adage, with a 35 foot radios curb return at the NORTHWEST AND
NORTHEAST comas of the Ramon Road East and BL Placer intersection and at
the SOUTHWEST AND SOUTHEAST corners of the Airport Centre Drive and
El Placer intersection per City of Palm Springs Standard Drawing No. 200.
39L Construct an 8-foot wide landscaped, raised median island 4 feet both sides of
centerlim as specified by the City Engineer from Ramon Road East Intersection to
40 feet south of the with side of the driveway approach into Lot 3. Provide a
center turn lame, 10 feet wide,using double yellow striping from the north end of
the median island to the imersection with Airport Centre Drive.
40. The driveway approach for parcel 3 shall be constructed in accordance with City
of Palm Springs Standard Drawing No. 201 and have mininmm width of 24 feet.
41. Construct a miihm 8 foot wide sidewalk behind the curb along both aides of
the entire fin age in accordance with Cjly of Palm Springs Standard Drawing
No. 210.
42. Consfr ut a curb ramp mating current California State Accessibility standards at
the sou&wert and southeast coma of the Airport Centre Drive and El Placer
intersection per(Sty of Palm Springs Std. Dwg. Nos. 212 and 212A.
43. Construct pavement with a mialomhm pavement section of 3 inch asphalt concrete
pavement over 6 inch aggregate base with a mhdmufn sabgrade of 24 inches at
95% relative compaction, OR equal, from edge of proposed gutter to edge of
proposed gutter along the entire frontage in accordance with(Sty of Palm Springs
Standard Drawing No. 110 and 310. The pavement section shall be designed,
using "R" values,by's licensed Sons Engineer and submitted to the City Engineer
for approval.
AIRPORT R DRIVE ILOT"A" --PRIVATE STREET 50 aide)
44. Construct a 6 inch nub and gutter, 20 fro NORTH and SOUTH of cenerlim
with a 35 foot radios curb return at the SW coma of the Avenida Bvelita and
Airport Centre Drive intersection per City of Palm Springs Standard Drawing No.
200.
45. The driveway approach for parcel 3 shall be constructed in accordance with City
of Palm Springs Standard Drawing No. 201 and have minimrtm width of 24 feet.
46. Construct a minimran 5 foot wide sidewalk behind the nab along bath sides of
the sfl eet in accordance with City of Palm Springs Standard Drawing No. 210.
47. Construct pavement with a mininumn pavement section of 3 inch asphalt concrete
pavement over 6 inch aggregate base with a minimhm smbgrade of 24 inches at
95% relative compaction, OR eginal, fmmm edge of proposed Saw to edge of
proposed pUm slang fie emthe firmoge in accordance with City of Palm Springs
Standard Drawling No. 110 and 315. The pavement section shall be designed,
using "R" values,by a licensed Soils Engineer and submoimed to the City Engineer
for approval.
48 The on-sine cal-de-sac shall be constructed in accordance with City of Pahn
Springs Standard Drawing No. 101, curb portion only.
49. ConsWx:t a curb ramp meeting cam California State Accessibility standards at
the SW corm of 6e Avenida Evedita and Airport Cant re Drive hanection per
City of Palm Springs Sod. Dwg. Nos. 212 and 212A.
50. All broken or off grade CURB, GUlTBR, AND AC PAVEMMNT shall be
repaked or reps 9g the endw 1roPey ftntBp 4acm to the propesiy.
MAP
51. The Tito Repast prepared for subdivision guarantee for the subject property and
the traverse closures for the existing parcel and all areas of right-of--way or
easeement dedication shall be submitted to the City Bingmer for review and
approval with the Parcel Map.
52. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Begineeriog Division for mview. Rxordatk m sball
be completed prior to issuance of grading or building permits.
TRAMC
53. The developer shall-provide a mininomm of 48 inches of sidewalk clearance around
all street fim M=, fire hydrants and other above-ground facilities for handicap
accessibility. The developer shall provide same through dedication of additional
ri&-of way and widening of the sidewalk 1z sball be responsible for the
relocation,of all existing traffic signalfsa&ty light poles, eoadmit, poll bons and
all appurtenances located on the RAMON ROAD BAST, EL PLACER, and
AIRPORT CENTRE DRIVE fioatages of the subject properly.
54. The developer shall replace all damaged, destroyed, or modified pavenment
legends and striping that is required by die City Engineer on the RAMON
ROAD EAST fide prior to issuance of a Certificate of Occupancy.
55. Separate striping plans are to be prepared and submitted along with street
improvement Plans for review and approval by the City Engineer.
56. El Placer shall be striped to provide a miainmrm of 2 lames southbouud and
northbound to Ramon Road East and Airport Centre Drive, respectively.
57. Street name signs shall be required at each h oerecfiom in accordance with City of
Palm Springs Standard Drawing Nos. 620 through 625.
58. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LBGEND" shall
be insWW per Cily of Palm Springs Standard Drawing Nos. 620.626 at the
following locations:
NW Comes Ramon Road Bast @ El Placer
SE Comer El Placer 0 Airport Centre Drive
SE Cor. Avenida Evelila 0 Anport Centre Drive
59. Common signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the(Sty Engineer. As a minimum,
all constroaran signing, lighting and bartrading shall be In accordance with State
of Cali broia, Department of 1Ya Vmution, "MANUAL OF TRAFFIC
CONTROLS FOR CONSTRUCTION AND MAIPU NANCE WORK
ZONES"dated 1990, or subsequent additions in farce at the time of construction.
60. This property is subject to the Transportation. Uniform Mitigation Fee based on
the MISCELLANEOUS RBTAEL SERVICEWERVIC E STATION AND
CONVENIENCE E MARKET rM Codes H and A land uses.
61. The developer shall install a 6-phase traffic signal at RAMON ROAD EAST and
EL PLACER. Design shall incorporate emdstmg Ramon Road East interconnect.
PLANNINIQ
1. The proposed development of the premises shall c:onfomm to all applicable regulations of
the Patin Springs Zonhog Ordinance, Municipal Code, or any other City Codes,
ord umoes and resolutions which wpplement the=uft district regnlatons.
Ia. The owner shall defend, indemnify, and hold harmless the City of Patin Springs, its
agents. officers, and employees from any claim, action, or Proceeding against the City of
Pahm Springs or its agents, officers or employees to attach, sa aside, void or annul, an
approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Case No. 5.0789/PD 2WTPM 28907. 7hmd City of
PWM SPdQP will hey notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertab deEanae of the
matter and pay the City's associated legal costs or will advance hinds to pay for defense
of the matter by the City Attorney. H the City of Palm Springs Fails to pmompta:y notify
the applicant of any such claim, action or proceeding or falls to cooperate try in the
defense, the applicant shall not, t> er, be responsible to deEsud, indeannify, or hold
harmless the City of Palm Springs. Notwidamoding the foregoing. the City retains the
right to settle or abandon the matter without the applicant's consent but should it do so,
the (Sty shall waive the won herein, except. the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal. shall not cause a
waiver of the won rights heron.
2. Parwaat to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This
project has a de minimos impact on fish and wiWiik and a CatiScate of Foe Eaten
shall be completed by the City and two copies Sled with the County Clerk. This
application shall not be Seal until such fee is paid and the Cafficate of Fee Bxmptmn is
Sled. Fee shall in the farm of a money order or cashier's check payable to Riverside
may
3. All mitigation measures of the environmental assessoma shall apply, with the coweption
of the proposed unsignalimd driveway on Ramon Road, as described in the Initial Study.
a - a •w
a �4_ y�
T,da driveway is permitted at die l proposed ondie Preliminary developmm
Plana, with the finsl design of the driveway inoosporatin$ a landscaped "Pork
chop- island to mWgate potentially hazardous left tam movements in and out of this
driveway. The final design of the driveway and "pork chop- median shall be mvkwed
and approved in conjunction with the Final Development Plans.
4. Case No. 5.0789/PD MaPM 28907 and the arcbttectural approval of Phase One
development for shall be valid for a period of two (2)years. Bafenlons of time may be
granted by the Planning Commission upon demonstration of good dose.
5. The appeal period for this application is 15 calendar days fmm dtie date of p0ject
approval. Pamils will not be issued until the appeal period has concluded.
6. The final development plans shall be submitted in accordance with Sectiam 9409.00 of the
Zoning Ordinance. Final development plans shall include she flans, building elevations,
floor per, roof plans, gig Plans, a revised preliminary landscape plan and irrigation
plan for Phase One development, landscape and irrigation plans for f m phases of
&wJopment (at such time dry are applicable). exocrine Noting flans, sign program,
mitigetiom manioorkng Program, she cross-sections, pr%erly develoPmtent standards and
otira such documents as repaired by tha Planning Commission. Final devokpnent plans
shall be submitted within two (2) years of die City Council approval of tie preliminazy
planned development district.
6a. Minimum landscape and parking sew for die project am established as follows (as
measured from property line):
Ramon Road-25 feet(Parcel 3)**
35,feet(all remaining lots)
Airport Centre Dive- 10 fiea
El Placer- 10 feet
Avenida Evelita- 10 feet
Interior'Mperty dim(e=ept west property line of lots 1 and 8)-5 feet
Wen property line of lots 1 and 8-25 feet
Or as not to interfere with tract flow and tanber deliveries, to we satisfaction of
the Director of Plate and Baildmg.
6b. Mmimoum building setbacb for the project are established as follows (as measures from
pswerty lam):
Ramon Road-35 feet
Airport Centre Drive-20 fxt
lfl Placer-20 font
Avenida Bverb-20 feet
Interior Property lines(euxpt west property lone of Lota 1 and 8)-5 feet
Wed property lino of Lots 1 and 8- 10o see
7. Landscaping shall be installed along all strax fivnftw 14 conjunction with Phase One
development of Parcel 3. At a minimnnr, budscepmg shall be installed along all street
fiomages at a depth in accordance with the minimum landscape setback requirements
Hated in eat no. 8a. above.
8. A detailed design guidelines supplement shall be submitted for review and approval of the
Planning Commission as part of the Final Development plena, prior to issuance of any
permits for the Planned Development. At a minimum, the design guidelines supplement
shall includi samples of appropriate architatural themes, inhchhdirhg acceptable primary
and accent exterior building treatments and color palettes, a landscape concept with
material palette, doomtive handscape treafments, pandas lot light standard design, the
design and/or catalog carts of pedestrian amenities, such as exterior trash receptacles and
ash ums, cactior drioldng fountams, shade stmctures, such as trellises over outdoor
seating areas, and structural extensions over pick-up windows, street f zoitum and the
ccncepmal design of the proposed water featores.
9. Fiat landscaping, irrigation, exterior lighting, and plans shall be submitted for
approval by the Department of Planning and Building prior to issuance of a building
permit. Landscape plans shell be approved by the Riverside County Agricultural
Commissiona's Offte prior to submittal.
10. A revised preliminary landscape plan for Phase One development, which includes Parcel
3 and all sneetscape fiomtages shall be submitted for review and approval of the Director
of Planning and Bo&ft prior to or with the construction document padwge for Phase
One. Detailed landacapelirrigation plans for Phase One shall be reviewed as part of the
find development plans and reviewed in acooadance with Condom No. 8 above.
11. The project is subject to the City of Palm Springs water BMCJM Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Bailing for review and approval prior to &a issuance of a
building permit. Refer to Chapter 8.60 of tie Municipal Code for specific rests.
12. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and apinoved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
13. The grading plan shall show the disposition.of all cut and fill mateiab. I.inits of site
disturbance shall be shown and all disturbed areas shall be fitly restored or landscaped.
A Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6'
deep. The hiigation system shall be field tested prier to final approval of tie projeeL
Section 14.24.020 of the Municipal Code prohibits nuisance water Dom entering tie
public streets, mx w p or gutters.
15. All proposed trees within the public right-of-sV and within 10 feet of ire public
sidewalk and/or curb shall have City approved deep root barriers installed per City of
Pahm Springs Bngi Ming specifications.
16. The applicant prior to issuance of bnildiog permits shall submit a draft declaration of
cam, conditions and restrictions ("CC&R's7 to the Director of 1 and
Building for approval in a farm to be approved by the City Attorney, to be recorded prior
to issuance of occupancy permits. The CC&R's shall be anibrceable by the City, shall
not be amended without City approval, shall require maintenance of all property in a
aA-W
good condition and in accordance with all The CC tit R's shall explain the
required mhdm m landscape and buffeting setbacks listed in item 8a above, the
maintenance of all private streets and the regaired landscape median m El Placer and
required reciprocal parking and access easements and agreement that shall be recorded
throughout the p p*ct site.
The applicant shall submit to the City of Pahn Springs, a deposit in an amount to be
determined by the City Manager, for the review of the CC&Ws by the City Attorney.
17. Separate alclritectnal approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits. Sigoage for the proposed ARCO am/pm mini-
madmt should either be recessed or individual channel letters. The "spark" symbol on
the pump island ropy shall also be treated in the same manner, and/or texture coated to
j
match the fascia of the canopy, to the s of the Director of Planning and
Bolding.
18. All materials on the flat portions of the roof shall be earth tone in color.
19. All roof mounted mechanical egnipnent shall be screened from all possible vantage
points both existing and Ndre per Section 9308 00 of the Zoning Ordinance. The
screening shall be considered as an element:of the overall design and must blend with the
anal design of the buildho(s). The exterior elevations and roof plans of the
buildings shall indicate any 2aares or equipment to be looted on the roof of the
b , the equipment heights, and type of screening. Parapets shall be at least 6"
above the egnipment for the purpose of screening.
20. No exterior downspouts shall be permitted on any Estate on the proposed building(s)
which are visible from adjacent strccts or residential and commercial areas.
21. Perimeter walls shall be designed, installed and maintained in compliance with the comer
cutback requirements as required in Section 9302.00.D.
22. The design, height, texture and color of buildh*s), fenees and walls shall be submitted
for review and approval prior to issuance of building permits.
23. The stress address numbering/letteriog shall not exceed eight inches in heigbt.
24. Construction of all new buildings within the project shall meet mhminnhm soundproofing
rephements press pursuant to Sector 1092 and related seetkros of Tide 25 of the
California Administrative Code. Compliance shall be demonstrated to the satisfaction of
the Director of Building and Safety.
25. An exterior ligbtiog plan in accordance with the Boot ordinance in effect at the thus
each phase is proposed for development shall be submitted for review and approval by
the Director of planning 8t Building prior to the issuance of building permits. A
photometric study and manufacturer's cat sheets'of all exterior lighting on the building,
in the landscaping, and in the parr ft lot shall be submitted for approval prior to issuance
of a building permit. N lights are proposed to be mounted on buildings, down4ights shall
be utilized.
26. Dhunination levels in the parking area shall be an average of one-Boot candle with a ratio
of average light to minimum light of fair tonne(4.1).
27. Paddo lot light fimaanes shall align with stall striping and shall be located two to then
Feet from nub Fact.
28. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials &do =pft to iswanee of a building permit. The wietMw of time trash
enclosures for Phase Ode development shall be modified so that the doors face westGdy
and that an on-de laadioghudoe tag area is provided on tbe property, to the satisfcd=
of the Dh sane of Planning and Building. Said tacilifLes shall be indicated on the site plan
and approved Plot to issuance of building permits.
29. This project aball be subject to Chapters 2.24 and 3.37 of the Municipal Coda regarding
public art. The project"eider provide public art or payment of an in ilea fee. in the
case of the in lien fee, the fee than be bawd%=the total building permit valuation as
calculated pmtcsuam to tit valuation table in the UnO mm Building Code, the heing being
1/2% for cam"puro"or 1/4% for residential projects with first$100,000 of total
building permit valuation for bbid ual single-ftmily units mapt. Should the public at
be located on tbe project site, said location shall be reviewed and approved by the
Direaw of Planning and Building and the Public Aria Commission, and the properly
owner shall enter into a recorded agreement to maimain due art wont and protect nix
public rights of access and viewing.
30. No sirens, outside paging or any type of signalh atim will be permitted, except approved
alarm systems.
31. No outside storage,of any kind shall be permitted =apt as approved as a part of dw
proPosed k?lan.
32. Vehicles associated wide the operation of dw proposed development including company
vehicles or employees vehicles shall not be permitted to part off the proposed building
site unless a paling management plan bar been approved per Section MAD.
33. Prior to the issuance of building permits, locations of all telephone and electrical braces
mast be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward tbe interior of
the project maiming a sufficient distaae from the ems) of the project. Said
w(s)must be adequately and dec rs&*screened.
34. The applicant shall provide all tenauts with Conditions of Approval of this project.
35. Islands of not less dean 9 fed in wkddn with a minimum of 6 fat of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements below.
36. Shading requirements for parking lot areas as set fm*in Section 9306.00 of the Z.ommg
Ordinance shall be met. Details to be provided with fiml landscape plan.
37. Parking stalls shall be delimited with a 4 to 6 inch doable stripe - hairpin or elongated
'U' design. Individual wheel stops stall be probIbed; a continuous 61 barrier curb
shall provide wheel stops.
38. ConCrM walks with a minimmn width of two (2) feet shall be installed adjacent Wend
padiag spaces or end spaces shall be increased to eleven(11)fret wide.
39. Standard paling spaces shall be 17 fed dap by 9 feet wide; compact sired spaces shall
be 15 &et dap by 8 feet wide. 13andicap parkftg spaces shall be 18 feet deep by 9 feet
a
_a00 �G
wide plus a 5 foot wakway at die right side of tbe leg sp�two(2) pspaces
can shave a cam wahhcway. One in every eigbt(8)handicap accessible spars,but not
less Nan are (1), shall be served by an 8 Boot walkway on the right side and shall be
designated as "van accesBible".
40. Handicapped accessibility shall be indicated on the site plan to incfade the location of
handicapped pKft Spaces, the main entrance to the proposed structure and the path of
travel to the main entrance. Consideration shall be gives to potential diffiailties with the
handicapped a cessr'br W t0 tie bu0ding doe to tie f.dme grading plans for the property.
41. Camped and hanilicapped spaces shall be appropriately marked per Section 9306.00C
10.
42. Cuubs shall be installed at a mhdmoam of fro (5) feet from Face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall boo
curbs placed at a mhdnmm of two (2) feet from the face of walls, fences or buildings
a�driveways.
43. All awnings shall be maiomined and periodically cleaned.
44. Video surveillance egmhpment shall be provided, 11 rsaant 10 the proviSions of Zoning
Ordinance Saxton 9402.00H.2.m.2.
45. A deooratta am=wall and/or tmdalating berming shall be provided along the Ramon
Road and 111 Placer streetsc ape areas to screen all ve7dCalar and primp island activity
associated with Phase One development from areas of public view, pursuant to the
requh,ements of Section 9306.00 of the Zoning Ordinance. UWalatiog beaming shall
also be provided as a means to screen activities from view along Ramon Road for future
phases of developnmeoL
46. Additional landscaping, such as sbrmbs and annual flowering plants, shall be provided
along the south and east elevations of the building, adjacent to the tows
entry col m ns,to the satisfaction of the Director of Planning and Building.
47. A landscaped median island shall be incorporated into the design of the 13l Placer strew
section,from Ramon Road northward to the south end of the drive approach one Parcel 3.
ID Ph =shall be designed as to have two northbound traffic lames and two soul bound
traffic laces. The final design and width of El Placer shall be reviewed by the City
Bogincer and the Director of Planning and Building prior t0 Foal Map recordation or the
issuance of any permits for the project, whichever occurs first.
48. A maximum. to two (2) fasttfood, drive-Nroagh restaurants shall be allowed in
c gjanction with the proposed Planned Development and Tentative Parcel Map. This
requirement shall be clearly noted on the Foal Map and Pimal Development Plans, to the
satisfaction of the Director of Planning and Wiling.
49. Bach WMInal phase of development will be required to be processed as an architecdnal
review application or Conditional Use Pant, as deemed appropriate by the Dhector of
Planning and Mdin8.
50. The project shall be designed ad operated as to comply with Section 9216.04 of the
Zoning Ordinance, which relates to Palbrmance Standards for the M 1-P Zone.
51. Reciprocal parking and access casements shall be provided thmughout the project ate,
with specific details incorporated into the C, C&We for the project.
52. The distance between the pump island areas associated with Phase One developmrent shall
be reduced by moving the southern canopy northeast, thereby allDwi g for additional
landscaping and vehicular maneuvering area, to the salon of the Planning
Commission,as put of the Final Development Plans for Phase One of the project.
POLICE DEPARTMENT:
53. Developer shall comply with Saxiom II of Chapter 8.04 of the Patin Springs Municipal
Code.
WASTE DISPOSAL SERVICES:
54. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details.
The orientation shall be modified as specified in condition no. 31 above.
BUILDING DEPARTMENT:
55. Prior to any construction on-site, all appropriate permits mist be secured.
FIRE DEPARTMENT:
56. A new H 2 Fire Hydrant shall be installed on El Placer and Airport Centre Drive, prior
to oonshnctlon commencing on-site.
57. New Super Fire Hydrants shall be provided on site in accordance with Fire Department
standards.
58. Domestic water shall be provided for constmodon fee protection. Constinctiam sites in
excess of 10,000 square feet shall be fenced and have an access gate at least 16 feet in
width with "KNOX* or PFSD lock. A security guard will be required during all nen-
working hours poor to construction emceedmg 12,000 square feet.
59. Any building in access of 3,000 square feet and the pump island canopy structures shall
be fire-sprml3ed, PMWJMt to the provisions of the NFPA and to Palm Springs Fire
Department. Buildings with over 100 fire sprinkler heads will require ekdromc
supervision on watt flow. The above structures shall also be equipped with appropriate
fire extingtdshmg systems,to the satislaaron of the Fire D4 wWmnt.
60. A fire alarm system shall be required,to fine sefislaction of the Fire Department.
61. Provide garden hoses with adjustable spray nordw able to reach all areas of combustible
construction.during construction.
62. AboveVound fuel tank installation plans shall be submitted.and be designed to comply
with 1994 UFC Article 79 and Part Vill,Article 90-Standards.
. . a
63. iW tarok#b ns stall be to&e> CommW DV=Ume&of i3 wko m enW
&aft ft review and approval prior to sobm hW to ft Me Dew
&. If regntred ea*ftminadon is rardred per 19%UW, Chapter 33, I.ow Level alit sus
are regained. Phot im signs arc not approved.
wide plus a 5 foot wallrway at the right side of dye paddng space;two(2)handicap woes
can share a common walkway. One in every eight(8)handicap accessible spaces, but"
less than one (1), shall be served by an 8 foot wadkaray on dye right side and shall be
designated as 'van accessible'.
40. Haadicappcd accessibility shall be indicated on the site plan to include the location of
handicapped parddog spaces, the main entrance to the proposed Mucture and the path of
travel to the main entrance. Consideration shall be given to potential Oficultes with the
handicapped accesathility to the building due to the futm+e grading ph=for the property.
41. Compact and handicapped spaces shall be appropriately madaed per Section 9306.000
10.
42. Curbs shall be installed at a minimum of five (5) feet 8nmo face of walls, fences,
bmldings, or other structures. Areas that are not pact of the maneuvering area shall have
curbs placed at a minimum of two (2) feet from die face of walls, Peaces or buildings
a0olaing driveways.
43. All awnings sball be mainmined and periodically cleared.
44. Video shaveMem equipment shall be provided, patsuaut to the provisions of Zoning
Ordinance Section 9402.00H.2.m.2.
45. A decorative screen wall and/or undahating bemoing shall be provided along the Ramon
Road and El Placer streetscape areas to screen all vehicular and pump island activity
associated with Phase Ow development from areas of public view, pursuant to the
requirements of Section 9306.00 of the Zoning Ordinance. Undulating bertniog shall
also be provided as a means to seseen activities from view along Ramon Road for ibtare
phases of development.
46. Additional landscaping, such as shrubs and anmtal flowering plants, shall be provided
along the south and east devatons of the mini-made building, adjacent to the tower
entry cohmms,to the sadshctiOn of dye Director of Plahmimg and Building.
47. A landscaped nwilign island shall be incorporated into the design of the Bl Plater street
section, from Ramon Road northward to dye south end of the drive approach on Parcel 3.
E Placer shall be designed as to have two nod bound traffic lases and two souWboamd
traffic lass. The Snd design and width of dB Placer shall be reviewed by the City
Boginew and the Director of Planning and Building prior to Fseh Map recordation or the
issuance of any permits for the project, whichever occurs first.
48. A maximum to two (2) fast-food, drive-rough restaurants shall be allowed in
won with dye proposed Planed Devdopmeut and Tentative Parcel Map. This
requirement shall be clearly noted on the Final Map and Furl Develop rent Plans, to the
sath tcdon of the Director of Plaaoiog and Building.
49. Bach individual phase of development will be required to be Processed.as an architectural
review application or Conditional Use Permit, as deemed appropriate by die Director of
Planning and Building.
50. The project shall be designed and operated as to comply with Section 9216.04 of die
Zoning Ordinance, which relates to Performance Standards for the M—I--P Zone.
51. Reciprocal paddng and access easements shall be puovided dhromghout dye project area,
with specific details incorporated into the C, C&IN for the project.
a -G- �y
• ATTACHMENT 2
DATE: December 16, 1998 gV4
TO: City Council
FROM: Director of Planing&Building
CASE NO. 5.0789 (PLANNED DEVELOPMENT DISTRICT 252) AND
TENTATIVE PARCEL MAP NO. 28907 - APPLICATIONS BY GOLDEN STATE
ENTERPRISE, LLC, FOR A PRELIMINARY PLANNED DEVELOPMENT
DISTRICT AND TENTATIVE PARCEL MAP FOR THE DEVELOPMENT OF AN
EIGHT (8) LOT, MULTIPLE-PHASED, COMMERCWJRETAIL CENTER ON
23.15 ACRES OF LAND WITH PHASE ONE DEVELOPMENT CONSISTING OF
A 3,100 SQUARE-FOOT MINI-MARKET WITH GASOLINE PUMPING
FACIIITIES ON 1.22 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
RAMON ROAD, WEST OF AVENIDA EVELITA, M 1 ZONE, SECTION 18.
RECOMMENDATION:
That the City Council adopt a Mitigated Negative Declaration and approve Preliminary
Planned Development Dbuict No. 252 and Tentative Parcel Map 28907 for the
development of an eight (8) lot, multiple-phased, commercialhetail cenw on 23.15
acres of land with phase one development consisting of a 3,100 square-foot mini-
marloet with gasoline pumping facilities on 1.22 acres of land located on the north side
of Ramon Road, vest of Avenida Evelita, M-1 Zone, Satin 18, through adoption of
the attached Resolution of Approval with Conditions. The applicant is Damn Prieto,
owner and George Nicholas, officer of Golden State Enterprise, LLC.
BACKGROUND:
Golden State Enterprise, LLC, has filed an application for a Preliminary Planned
Development District for a muhlple-phased commercialtretail center on 23.15 acres of
vacant land on the north side of Ramon Road, west of Avenida Evelita. The applicant
has also Med an application for a Tentative Parcel Map to subdivide the property into
eight (8) lots to allow for a phased development of the site. In co*ncdon with the
subdivision map,. the applicant is also proposing to improve the entire Ramon Road
street frontage with curb, gutter, sidewalk, and stream landscaping. In addition, the
applicant is proposing to build wansins of El Maw, north of Rama Road and
Airport Centre Drive, west of Avenida Evelita and improve these street frontages with
curb, gutter sidewalk and streetside landscaping. The streets within the boundaries of
the project are proposed to be private, consistent with the planed development to the
east.
The proposed on-site development plan includes three phases. Phase One consists of
an ARCO am/pm convenience market with gasoline facilities on approximately 1.22
acres of land on the north side of Ramon Road, immediately west on the proposed
northern extension of El Placer. The main building within Phase One is approximately
3,100 square Beet in size and includes an administrative office area on the second floor.
as part of Phase One. The sued phase of development encompasses the remaining
6.01 acres of vacant land along Ramon Road. This area is proposed to be subdivided
into six (6) lots for the future development of commercial retail uses, such as
restaurants (sit down and fast food), general retail and hotels. Phase Three, which
consists of the remaining 13.3 acres north of the extension of Airport Centre Drive, has
not been master planed for future development, but is of a aim and shape that may
provide for a complimentary industrial or support use for the Palm Springs Regional
Airport.
The applicant is proposing a continuous evergreen shrub hedge along the Ramon Road
and El Placer stmet firm to saecu the can and pump island activity from public
view. Pursuant to the Zoning Ordinance Section 9306.00, a decorative screen wall
and/or burning shall be used as screening devices for parking and loading activities.
The purpose of the screen wall and/or banning requirement is to insure that a screening
device will be. provided independent of the future maintenance of the hedge. The
Planning Commission feels that it is essential to provide a permanent screening device
consistent with the provisions of the Zoning Ordinance 10 augment to proposed Arab
hedge and has incorporated a recommended condition of approval into the attached
conditions requiring a screen wall and/or signifk ant berm to screen all on-site
vehicular and pump island acthvMw from public view, to the satisfaction of the
Director of Planning and Building.
PROPERTY DEVELOPMENT ANALYSIS:
At the request of staff, the applicant has increased the proposed landscaped setback
along Ramon Road to an average of approximately 25 feet from property line across
the fimage of the proposed ARCO mini-market and gas station. The balance of the
lots fixmtmg Ramos Road are shown conceptually to have a 20-foot landscape setback
from property line along this major thoroughfare.
The Planing Commission has reviewed a comparison between the proposed project
and the existing Planned Development immediately to We east. While the proposed
Interior private street minimum landscape setback of 10 feet is consistent, tie required
mimmnm landscape setback along Ramon Road within the adjacent PD was 35 feet
from property line. All existing or approved projects within the PD (Fatbnrger, Mobil
Airport Car Wash and EnDerprise Rent-A-Car) comply with this requirement, except
for the portion of Ramon Road frontage where a bus bay turnout was required. Given
the specific constraints related to on-site traffic circulation and fuel tanloer maneuvering
with the ARCO facility, staff is recommending that a minimum landscape setback of 25
feet, only across the f stage of Parcel 3. A condition of approval has been
incorporated requiring a mininmm 35-foot landscape setback (fi+om property line) for
the balance of the IM along Ramon Road (Lots 1, 2 and 4 through T) and a minimum
10-foot landscape setback (firm property line) along all interior street frontages
(Airport Centre Drive, El Placer. Avenida Evelita) on future phases. In addition,
atreetside landscaping for all street fontages shall be installed in coquncdm with
Phase One, prior to occupancy of the ARCO am/pm mini-market. This
recommendation is consistent with the approved conditions for the adjacent
development to the east.
Ramon Road is identified on the.City's General Plan Land Use Map as a major
thoroughfare. A raised, landscaped median may be required on major thorn ugbhres
where it helps maintain an appropriate level of service. Although it is desirable to have
a landscaped median on Ramon Road across the project froitage, the minimal distance
of the property homage in comparison to the distance in which the median does not
curready exist(firm Vella Road westerly)makes construction of the median across the
project frontage impractical. Furtlenaore, the City does not c rrendy have an
established mechanism (i.e. landscape maintenance dishict, community facilities
district) to provide landscaping within raised landscaped median throughout the City.
Therefore, the Planning Commission is only recommending that the existing median
striping on Ramon Road be modified to reflect new turn movements associated with
development of this site and the new signalization, to the satisfaction of the City
Engineer. The Planning Commission is recommending that the developer enter into a
covenant with the City for the future construction of the landscaped median. This
recommendation has been included in the attached conditions of approval.
a �-sl
d .4,0
M-1-P Performance Standards, it is not anticipated that any proposed or future use on
the property will be conducted in a manner inconsistent with these requirements.
The proposal includes a subdivision of the 23.15 acne site into eight (8) lots ranging in
size from 0.71 acres W 13.3 saes. Lots 2 through 7, all of which have frontage along
Ramon Road, are the smallest lots within the subdivision, ranging in size fromm 0.71 to
1.22 acres. These lots are contemplated to be developed with restaurant and/or retail
uses.
Pursuant to Section 9217.03A of the Zoning Ordinance, all lots which are adjacent W a
Major or Secondary Thoroughfare, such as Ramon goad, are required to have a
minimum lot size of 40,000 square fee, which egaate's to approximatr4y 0.92 aces.
Daring the development review process, staff has noted concern with the future
development flexibility for the smaller parcels, especially lots 2, 4, 5 and 7, all of
which are 0.75 acres or less. These parcels are of a suitable size for fast food
restaurants and/or smaller reta0 buildings, but would be difficult to develop with other
complimentary uses, such as sit-down restaurants. As proposed, these lots are of a size
where they would be difficult to develop with buildings with a footprint any larger than
a fast-food restaurant, and still meet all applicable development criteria, such as
parking and landscaping. Thatfore, the future development options for the applicant
could be restricted on time parcels.
Staff expressed concern throughout the development process and the Planning
Commission concurred that the potential for a large number of fastfood establishments
along Ramon Road within the master plan boundaries, and more broadly, between
Gene Autry Trail and M Cielo Road, is a sigmflcant planning issue. Since these
smaller parcels are most conducive to the establishment of fist-food restaurants, it is
possible that as many as feu fast-food restaurants could locate within the boundaries of
the master plan area. In addition, the Fatbmger Restaurant is within onotighth of a
mile east of the eastern boundary of the project. The Planning Commission
recommended that the number of fast-food, dnv&ftoagh establishments along the
Ramon Road project frontage be limited to a maximmmm of two parcels within the
subdivision and Planned Development. The Planning Commission also required that
clear, concise notes regarding this condition be provided on the Final Development
Plans and the Final Parcel Map. Each fast-food restaurant proposed will also still
require consideration through the Architecturtural Approval process, consistent with the
Planned Development to the east.
The applicant is proposing to reduce the required number of panting spaces for phase
one development of the convenience market. The Zoning Ordinance requires one
parking space per 200 square feet for automobile atat= with mini-marla is phis one
parking space for water/air dispensers. With a 3,100 square-foot mini-market and air
and water dispensers, this project will be required to have a total of 16 parking spaces.
A total of 13 panting spaces are shown on the phase one site plan. Originally, the
applicant was proposing an additional feu parking spaces new the northeast corner of
the parcel. However, during the development process, these four parking spaces were
removed and replaced with landscaping, as it was mended that the applicant
incorporate more landscaping on-M, especially along the perimeter of the parcel. The
Planning Commission has reviewed a comparison between this proposal with the
existing ARCO am/pm facility at the southeast corner of Vista Chino and Sunrise Way
and' it is projected that the current proposal will have sufficient parking on the
property. A condition of approval has been incorporated into the attached conditions
requiring that reciprocal parking and access throughout the proposed master plan area.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
Staff has prepared a detailed Environmental Assessment of the project. In completing
the Environmental Checklist, staff found that there could be a sigma environmental
impact in certain areas, such as traffic and circulation, if mitigation measures are not
Incorporated into the project design. however, on the basis of the Initial Study,
incladmg all recommended mitigation measures as recommended conditions of
approval for the project, it has been determined that the proposed project could not
have a significant effect on the environment, and the Planning Commission
rands that a Mitigated Negative Declaration be prepared.
A traffic impact analysis was submitted by the applicant in conjunction with the
application to assess all cuirent and projected traffic Patterns and counts in the
immediate area. All recommendations of the study, wbich include traffic signalization
at the Ramon Road/El Placer interwcann, full width improvements along the Ramon
Road frontage project, as well as all staff recommendations relative to the Seal design
of El Placer and the elimination of the direct vehicular access on Ramon Road for
Phase One, have been incorporated into the attached conditions of approval.
All property owners within a 400-1oot radius of the aide boundaries were notified of the
City Council Public hearing. As of this writing, staff had not received any opposition
to the proposed project.
PLANNING COMMISSION ACTION:
On November 12, 1998, the Planning Commission voted " (one absent) to
recommend approval of the Preliminary Planned Development District and Tentative
Parcel Map subject to conditions, and adopt a mitigated negative declaration for the
Project. The attached Conditions of Approval have been modified to reflect the
recommesidations of the Planning Commission.
A number of topics were discussed at the Planning Commission meeting. First, the
Commission det=med that the mnaignalized driveway access onto Ramon Road for
Parcel 3 was deemed acceptable in its proposed location subject to design
modifications. Secondly, the Planning Commission determined that it would be
appropriate to modify the street section for El Placer in order to accommodate a second
northbound travel lane and a landscaped median Third, the Planning Commission
recommended that a screen wall and/or undulating banning be required across toe.
Ramon Road frontage to screen on-ite vehicular activities from areas of public view.
Finally, the Commission recommended that the traffic signal at the Ramon Road/El
Placer intersection be installed with the development of Phase One.
The Traffic Study prepared for this project indicated that a traffic signal would net be
warranted until Phase Two, the development of me balam of pad buildings along
Ramon Road. The proposed gas station by itself would not meet any of the traffic
signal warrants included in tbe study. Pedestrian warrants wen not included in the
Study.
a
5OY
staff strongly rec:ommennd$ against installing traffic signals where warrants
are not met. Unwarranted signals have been shown to result in,unnecessary delays to
major streets, such as Ramon Road, and ultimately tend to increase the number of
drivers who ignore the signal, compromising vehicular safety.
r
DOT5GIAqX EVANS, Director,
Planning and Building
city Marlow
ATTACIMEONTS:
1. Vicinity Map
2. Tentative Parcel Map
3. Site Plan(Phase One)
4. Draft Planning Commission Minutes dated November 12, 1998
5. Bnviromnental Assessment
6. Resol tion/Condidom
I
ATTACHMENT 3
C[YYOF PALM SPMM
3200 BAST TAfiQD11Z CANYON DRIVE
.P.O.BOX 2743
PALM SPRINGS,CA 92263
FAX(760)322 8339
TO: Cadiz And Amodates Atto.Gregory Hahn
FAX NUMBER: 949-=46%
DATE 28 Jamm y 19"
TIM& INS hours
NUMBER OFPAGBS(DXL IDING OOVBA): 3
SENDER: John Mmnaker,Plana Rwmhw
DEPARTMENT:Building and Safety
SEMER'S PHONE NUMBER: (760)323.8242 ezt.8720
DESCRIPTION OF TRANSMl9113D DOCW+IBNTS:Commeab on pin check#M
MESSAGE: Please call Wyou do not receive all pages
❑Faywrinammation
❑Payourn"mt
OPieaoe review and retina your coounauls
EMU will he the onlyoopyyouw1B=wive
❑Ao odglad will ha mailed to you today
City of Palm Springs -�'
o a
3200 Bast TdRu tz Canyon Way
P.O.Box 2743
Palm Springs,CA 92263
(760)323-8242 cm 8720
28 brainy 1999
Cadiz and AsmdalK Attu:GkM Helm
110 West BaalonM Suite A
San Clemente,CA 92672
PlanChemxombec ism
Psa WAddmat 3600BastR=mRoad
ProjeaDescdpfion: CwsStedonandMmi-Mart
To Whom It may canoem:
This hater is to infimm you that the*M captioned projax may be subject to review by varkma City Departments and,at
thaw,other outside apencies.
The folbwing is a list of Chy Departments.The Mus deadh Departments review is chedwd bob r its name.
Forwarded OFrevloalyFarvvarded OPreviouslyForwarded ❑ Wviou*Farwardcd
OForthcombW ®Forthcoming ❑Fort>anming OFarthoa®ing
M*ES i on ❑Not Ap licable ❑Nat Applicable ❑Not ARAicable
Please be aware that it will be the respodIdlity of the applicant to address any and all of I he comments Lam each
Departowd and to resubmit plans directly to the Departments, Once the wouncats hm been addressed to each
Daparbnmts sgW d M that will RD*the Building Depattmehi that die plans are approvaA permits shell notbe issuednntil suchadmeas sR ofdwDgmtmmu bavebeen sadsfied
Pkm=mthoappmvdsofaUappHcd)IeDqwtmmainaflmdymommasnottDdd*tbc isstmnoe of yuar building
pem ilsattheeoncludonafthepiondtackprocess.
Thank you in advance br your attention to dds now.
fib.
John Member
plansElculahm
OM Plan Check File
arc OPASON
PLAN ROUTING
E. aya
PFICUECT ND. (P/4 *5 46 7) SITE GRADING
CASE NM STFEET W
BPC Np, /5S3 SEWER - - - -MAP
LOT LIFE ADJI.JSTMBVT
DATE TRANSNOT M — — — — — — OTHER — — — — — — —
DMSION
R/W . TRAFFIC • PLANNING DATE REVWWEDJI2?1Rg
FIELD ENG M • e-SUOILOING BY aU •_Va_M_tfiW_ — —
OTHER — — — — — — — — —
COMMENTS :
: /
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City of Palm Springs
Building Division
3200 Fast Tahgwtz Canyon Way
P.O.Box 2743
Palm Springs,CA 92263
(760)323-8242 ext.SM
4 May 1999
Cadiz and Associates
Attu:(heMHahn
110 West Bscshme%Silos A
San Clemente,CA 92672
Plan Check Number: 1553
Project Address: 3600 Fast Ramon Road
Pwpot l3 amption: Gas Station and Mmi-Matt
To Whom It May Concern;
This latteristo informyou.69&a don captioned padeCt maybe saticatoreviewbyvariaae C tyDepartmentsand,
attunes,other outside agencies.
The following is a list of City Departments.The status of each Departneaft review is checked x1owitename.
Building: Planning.. Engineering: Fire Pr wention:
IN Approved O Approved O Approved
•Previously Forwarded OPreviouslyFawarded 0Previo*Forwarded OF eviously,Forwarded
O Enclosed ®Encased O Encased O
O Forthcoming O Forthcoming O Forthcomiag O
O By Will Corpoation O Not Applicable O Not Applicable O k Dt Applicable
Please be aware that it will be the responsibility of the applicant to address any and aB of comments firam
each Department and to resubmit plans directly to the Departments Once the comments he obeenaddoessadto
each Department's saddhodlon,they will no*the Balding Department do the plans are a Vrovable.Building
permits shall not be issued mbl such a time as all tithe Departments have ban satisfied
Please secure the approvals of all applicable Departments in a timely manner so as not to delay beismanceofyour
permits at the conclusion of the plan check prooesL
Thank you in advance to your attention to this matter.
may.
John Shoemaker
Plans Examiner
W. Plan check Me
PAL
MEMORA31DUM
DATE: �jAy 3 199?
TO: Joan Sl, KM41k , 0 ll lli
FROM: 0100< X-Yo , Plw.*4'r
CASE NO./ADDRESS: S.o7ov? C Po gs;) 7P/y ??9o7
REVIEWED THE FOLLOWING:
APPROVE DISAPPROVED SUBJECT TO THE FOLLOWING CONDITIONS•
` n %.f4t t , ntis a /1«d
���aJ)n
(N�dIVKihai.T nnuee_ •T htVltV A Qoo1XWVt( TW a.arl.L.. UIV/S/+'1 /JYf r'llJ
Of �r�� �1/I/ti. Dt/�rtf�f. t /�
�L ,4, A` L Nu.�C+yr�a,5 oV 4L Sf2z of Ti� �7►INrI.:+� JL
ld
W IL n..,►k e.j! eJf �t. �ILL. twJ n4 erw:t 6 fl"..�
1
�ls /3'S/4►.t
r ( J 7E1 &e Q�nlicfJ�/�n�rru�' 1�-f,'�sll+rl� irS1 .L .
3) • �' �^f/w,Xf/tsi lk�1 O/iaA e�J-ns 1 /Siruw KK_ `t 1R M 4 Mln� Ipf w� �t
�/' O S -/ac! t''hv� 01";/�-fy �1+U.. .LY ��✓ 4`fnr.. Svti a 11 areR / I
foe /11•ntMVNyn; / „�/ coyc444/ A1)1.n.Qd/W✓a/ 1.
�) / /Wv��j /htawL�(�Ima �571.Gkn.I�4 �ley7�a��.I Ad10N� Blin9.
SIGNATURE:
BUILDING DIVISION: 2 COPIES
a
PQ� a
ORANDUM G !op
DATE. 3, I99q �( _ •
TO:
���///
PROM:
CASE NO./ADDRESS: S-07 89 CPO a Sad TTI°/t'M 2 P907
REVIEWED THE FOLLOWING:
APPrPROVVED/lIDIS,JA'J1tP_PRO_IVED SUBJECT TOn THE FOLLOWING CONDITIONS: /JJ J
.�/M.dY b/,1 I `+' F� C�/p\\ l�� )N� /'7�1 40 N/SG WMQfi
e~J/S (lop 'Y'l� .OYt+d✓IY o7-1 `Y'IL�t. I/..�ne.}lrp,.n �rtrG lo1G�w/� `' a/
�/ r/N+:� dfGcynCl7�a� d'tirtf.N Lp 1� e/in�e S`a,..,.'I' 7�,a•'f�v.� QtI' Gin lt�w A/o -/��
?) / (.G4A 40-tArgs// Q Plow.' ^f d 1., Js( &41*4. ✓ a, !/7T
g� �(. sfstw.�irR.rb Dst/.r.e � gIl Ir'�le..l✓ atee53 �w.r� ��M/MIMI.N� IOT-iN
via")-
.s Oh I , / •� • ad-Ili A
A- ! �anJSce
VC. nci K Co+97�
o A Tw elra'r' S M Jn lJOv �/�
SIGNATURE:
BUILDING DMSION: 2 COPIES
J
MEMOMMUM
DATE: 31 �199
TO:
FROM: T
CASE NO./ADDRESS: p.0789 (100 �s-1)71347 OP07
REVIEWED THE FOLLOWING:
APPROVED ISAPPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
�,,�t,+ s�-•P„dls Gw�s-�.rF w�6 cw,.1.�'i.M� o� 9�o�w► .,orra.-lo
Q1sst..,u. 61F .z.»,I.�r,.
SIGNATURE:
BUILDING DIVISION: 2 COPIES
0 -
NMI&;
g R
� $ � �
[tell �
8
ir
Q.R 0. fill
wf
Rif I
a � � Or
0
Thb ddvmq is penWtted at do loatian propond an die PwHmbW dwek=M
pLd,with die f d desipo of the ddveW i000s mft s dPOW bDhc+@ed'Pade
clap• I&A to midp a potad dW bon d= is tom movemuls In sod out of dds
MMM uapproveddiinagioadon god&dp�do Dosdop nwPPhms medico 6sll be oevieaad
4. Cue Jim 3.07MM 2S2JP?M 28M and die mb bcMd approval of Ph= One
b9 n Vm d of two M mw n��bd of ihae mq be
gukdS. The appal period for dib gVuw hm is IS almdu days Poem die dace of p *ct
WwmL pwm b wM notbe bred uwR dw appal period bu eaocbaied.
UThe&d dadopmm pbms dmn be aobm8sed in aoardmoe with Sxdon 9409.00 otdio
2aftoognme. 19d1 devdopmea p Po9
floor pLd,soofplad,Sm ft pal.
plan Poo Phase One&vdopmeM b nhcW and kdrdon Plain far 200 Pb m of
devdopmmt(at each dm day am appliable), abdw Npbft ph. dSR Pam.
mhigwm modwft pmptam,sib amwalod.FWCW&vdwmw madams and
odic smh daammb u=WW by the PLa ft Cammbdm Pidl devdopmtmt Pied
sbafl be abmW wbbin two(2)years of Oro C?W Oooa+ll Mnval of die p OmloW
�^ P�
R dam bn&u a sod parting abbada fm the p*ct am esbbSshed ere s(as
v m==df,omFVmWline).
Ramon Rood 2Sfat )
AlspoetCeabe Dfm-10&a
El Phv a-10 feat
AvmddsBvdits-10Ad
Mar ptopaW lino(aooept vmst ptopaW Hm of Ids I sod 8)-5 feet
wag p gmwlidafI=1aod8-25hd
Or u cot to iotedae widi ttM now and tuba ddtveda,to der of
Awvbedw ofPhaft and BaBd &
a Wb mom bdit sdbrfa for die PWJ"ate esbbB"u follows(as masma Poem
Form sm):
Ra Road-35feet
AhpatCabeDdm-20fea
MPbm-20fea
AvedbBpe8LL-20ftet
b kdwpropaw Boa Ompt watPmpaty Hoe of Lob 1 and 8)-5*a
a -
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City of Palm Springs
Building Division
3200 Bast Tahquitz Canyon Way
P.O.Box 2743
Palm SpriM CA 92263
(760)323-8242 eat 8720
3 March 1999
Cadiz and Assoctates,Attu:GmM Halm
110 WadEscalonM SubA
San Clemente,CA 92672
Plan Check Number: ISO
Pr*d Address: 36W BastRanwn Road
Project Description: Gas Static and MulAI t
To Whom It May Concern;
ThiskWistoioformymMattheabongoonedprojxtmaybeat&dtomviewbymmb Delartmeofsaod,
at times,othar outside agmades
The following is a list of City Departments.The status of each Department's review is checked mlow,its nama.
Budding: Planning: 1311811meesiog Fire Ps wendow
O Approval O Approved O Approved O
0havioudyForwarded OPMmudyForwarded UhmicuslyFarwarded NP WouslyFawamled.
O Enclosed ®Enclosed .O Enclosed O
O Forthcoming O Forthcoming O Forthcoming O
®ByBsGil Corporation O Not Applicable O Not Applicable O 1 otAngicalile
Please be aware that it will be the resimisibility of the applicant to address any and all of commmu fienr
eachDepartmmtandtoresubmitplaoadireeefttotheDepartmmb.Onoetheaomments Jim obeemaddranedto
each Departstenes salmon,they will notify the Building Department that the plans are a vrovable,Building
pemrits dull notbe issued until such a time as all ofthe Departments have been satisfied.
Please secure the approvals a<all applicable Departments in a timely manner so as not to ddaythe issuance afyour
permits at the condodm of the On dwcic prooesa.
Thank you in advance to your attention to this matter.
Regmffidly,
John Shoemaker
Plans Examiner
Plan check Me
a
MEMORANDUM
DATE:• �./9��94 a
TO: JAII $h�en.lcvr tJa��dws
FROM: At.Ic Raycsi
CASE #/ADDRESS: 6,o-91 CPO ;S,?) /DWG 14*^'m Ra p• Avc, E'Vc i;k
REVIEWED THE FOLLOWING:__
DASAPPROVE APPROVED - SUBJECT TO THE FOLLOWING CONDITIONS:
pftV14,
QIlNI /M�..s�. .�7caw.T '�yy,'�•e� ga p"& "J7�C-�T.ce7'lnJ�eOw
1 1 1 11 //�' -1.1, a
Wj" Ares+ impm—wp 4 DI s -Ce ^"u mcTLr �.n.,f 3• uir
Co
WIT�i..l., i..� �n.l..§►�1 „1t1 wl wA 1` L 11 G�,.,jA,..s dF oawr ` t, µo, ._
Y t
Cti 1 L � U� ta4baJ olocr it& W'u4 � e, s� // l� nt...eas,J
1 � '{�/ �M 1
tdr,sk..t
b � '�I,. .�ul-D,-czV- sl„.1.1 l�, .•.,,�r��.l /'1� i�.s nNe�.,.l c�z - �1,
1o�ScnOba �. J ��il.�ur pn,L., as Shmm s; q4A, ew.a,✓/i t
` Nlfsrr�net l+(�necr .e/(.tea-1•►,,.s aT os,dyYUyv/�e_�'� I I '
C / /w ),Wjj6*2 A,#A /`� nf 7 Isy1a [ 1 iMs.l
,-,end [+un"lki aecrwe.l 3r�e n/«% J S !/484 �la,c �ah
I51o54 On le"un
T Aro, ,fe-owy Gan . /lsaafc Oaf
Awm.h,�/ty,/sro.,
SIGNATURE A//
Building Division
0 Engineering Division
MEMORANDUM
DATE:
TO:
FROM:
CASE //ADDRESS:
REVIEWED THE FOLLOWING:
�ASAPPROVEAPPROVED - SUBJECT TO THE FOLLOWING CONDITIONS:
_�,,� n��., ., J e�.�+w s�,�..� �•�n sl ... sl., + 7�u,�'ac�.s al.�
lt� nrwaG. 1�1.r�'Fw Ow�r �c tea"/' .11�/i oY7yy►�il •e.,'pt.•a.G.s�
�� T
17a•AyV a Ayl� l � / L,,� S 41,e..-i w17�%s -�.. L 1/ r,,irl�Pjch.
).ew nn b nihtOrtM.1
60I•A Pl a4Sl j% 14c jr O/U.1.9 A-3 4 r5 al/taied_
9M�leaS .
a. &w4 n4L e Q I uwJ /IL►� J � M/fA t
l �-
� _.mot [I.arr i,� sc,•..a...l �„ I.,,J ;
C11 Lr6 •. ,s 14L I1 ret. r'a1.4 �al ah L / .*eJ. - I
I) Pm,l4 n jII� *rft4y14 het4l j OI w/64I '+'L/y 01F7�'/�I.11 L[ ms".q 4i
f I d �W �r VIRAL I PAWN/ �� % L W�VI�
s �� 4
SIGNATURE &A1
a Al o7'
E3 Building Divisi n _ \1 � ��
Engineering Division NQ AW;f,-$ ` L 1h1- thjfS""' Cw.0roo'.1 W
4/pyllde� �w to-16 TL /SSH1t�/
r
r
tl m
8
ffi
Ale gib
fill.
IPA
jigs �
It 1111,411 � s
1.04 ivi It Oil .0 Id
'Aa Al 11vaala . i 1111,11 V
.,yam Iz. .I zw.
• +� drlwwspr at do an yp
I
hdaod a mtliysa posm8a w bs wbw left am movammb in and am of tbb
. 'Ale flml dwi�of hie ddvewq and"pads chop'medim dull be
and io daPhul
4. cm No. SA7m/pD 2nnPm 2ew and the wabo cd approval of Ph m One
dardopmeat for dull be nW Lor a period of two pJ yam Bstensbos of d m mq be
8mmftdbr&*Pbmft gmdmsommwmoffloodame.
S. The appeal pedod for dds WD"m b 15 almda days foam du date of p *ct
sppsovd.Pemdb vSwt ba timed wW the appal pedod bw mode"
6. 1be God dmdopmmt pbw dal be mbmitood ht am dsaoe wa Secdm 9mA0 of das
Za ft Ordlomm Pad devdopmmt pi ms shill hdode du ph M4 bug ft dentiom,
floor phtm,maf Pb^8►f8 OM a se bM p bmdaaape plan and htimion
plan for Phase One devddopmmt, hdwape and inflation phms for tharo Ohm of
development(at sash dme Ihey m a licabh), orupow
Pam. p s s
adw sack dommmis as plod devdop�Pym
shall be sdm8ud wlmin two(2)pars of the Cify Cmm l appwvd of du I pamb sy
phsueddevdq w=dkltiot.
6a. Aflubm lava a Pr�seftft for fie prow m abbHdwd as Man(as
m Pa
PMMRomd�
. a a " lam)
AWM Drive-10 feet
Bl Ph=-10 feet
Ava"Bmfiiu-10fed
budor POW"times(weptwastp OMWfloeofImIand8)-Sfeet
WestpsoXII theofbb 1"8-25 fxt
u«- Or a mit to bkd m veldt raffia fbw and unbar ddtvedea,to the saw of
die afPkmicgudBWWw
6b. F��b kft sdbwb for the prgject m est*Hdwd as fo)m(as mamas bcm
PJm Road-958xt
Akpast Cam W a-20feet
BiPhva-20fed
AvmWaBveltu-20fmt
bflaiarP WuV Us(aptwestPRmIy line*(Lots 1 sad 8)-S&et
a
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ATTACMUENT 4
GF PALM S,e
-ti City of Palm Springs
N
Deputment of Maning&soaft
Planning Division
32M TahgWu Canyon Way•Pdm SprkM%Ca ika& 92262
C'44 Fp R �P M 060)32M243•FAX(760)3224360•TDD(760)864.9327
VIA FACSIMILE
Aft 12, 1999
Golden State Enterprises, LLC
P.O. Box 1318
Palm Desert, CA 92261
SUBJECT: CASE NO. 5.0789(PD 252)AND TENTATIVE PARCEL MAP 28907
Gentlemen:
In light of the ceremonial groux"reabng scheduled for the ARCO service station
tomorrow, this letter serves as a reminder that there are several ouxwandirrg items that
need to be submitted and/or addressed before any permits can be issued forconstruction
of the ARCO service station, asperthe plan check corrections previously sent to you via
facsimile on two separate occasions. Mase,}ind attached to this lwtera copy ofthe most
recent plem check comments, which were originally sent to you via facsimile on May 6,
1999.
Your cooperndon in addressing the items in the attached comments is most appreciated
I lookforward to working together expeditiously in orderfor you to obtain all necessary
permb. If you have any questions,please feel free to contact meat(760)323-8M.
Sincerely,
�t�6� ±es `-�
P
cc: Tom Davis, TWbd Planning Director
Post Office Box 2743 0 Palm Springs, California 92263-2743
J10)",
CITY OF PALM SPRINGS ATTACHMENT 5
SAMPLE PERMIT
DATE RANGIECJf "ON" QUE • a E N P t9
suelom 01 26 99 M 1 1553 a 1800.00 te"M X x x x x x
Geo etro LLC P.O. Box 1318 Palm Desert CA 760 776-6768
OenseeW Rwne aw W.HUNOW
Owner
ANa.w Ate» Tdd%uhndweex 750,000.00
Cadiz & Cadiz 110 W. Escalones San Clemente ftkWAVWftd•
80 AdAwn Od"Fee see rece pt
JGP Eng. 17620 Sherman 217 Van Nuys, CA Fh° L%ft
Al
Tde moot T" Ad*= aeYia Peones
3 28907 3600 RAMON ROAD BAST 901.0?101 3,475.60
W INN lar 141p1i1 A.A," dAw PLno"
52901 M S3 1 8460 001"701 547.34
SetbadaAs so Rw PetarMenber VAPTW
Goad' 677-280-024 157.50
Rw"ftft~ MONO
r�ee4ge 3748 0 4712 00-34W 100.00
INeahWliE sA11PTla, Pema Oaw1.TOO Rw8P40r INNAft NWOMON p"*W enu
Commercial 2 CML VN X 0 M-Um 60.00
OsaeeWG*Ldewa ONWAMAanTa
Construct convenience market with nd ..Atleet 3,384.00
canopies. VAfft#ar04ee.
001e10 0.00
ower.ra■a
roraseos 0.00
OL
6ersroaMn
spear oeweNww: 0"41 re 46.00
Market: 3,748 s.f. aew.rtwr
Canopies: 4,712 s. 40MM 3,744.00
9aeMApeunwe
T" • 0.00
twerOenrelbnFee
ooaoTaorEPA►oRwuenANroaxmucTanuNnTNEwawcsO+ePEc� 13 858.00
IMPORTANT °i1ni°'F'
11 188.56
The issuance of No pem k shag not be herd to be an approwl of dw vWadw of any prom.=of aryr VAN;Aw
dw«cams ordkunce of sub law. TsresTw
134 992.75
hopedbns of work an sW*dto an approved Wag puns bft on fM Job. Ganges to puns ad not Mee.M Fee
to be made WWWA Wnisdon Of Me WftV eew Safety oiruleons. 0.00
Mw owner and/or conaaolor Is responsible for esbbldit M property tines.AN MAW must be ft"Awn"
WWKgWWW. 3,750.00
Flsa— Fee
This permit wNl expire d work le not started In 120 days or H mod Msn 180 days elapses bebrsan 00144 oa 905.00
kop"Goru.
I cw*Met I am hm lw wNh al regWmnenu of Me My of FWm SprkW as Mey apply to fhb 0.00
gam k and understand Ma Mees rowksmenb mud be compbbd pdw to fkul ka*Wm and Mat no
0wWWadon of occuprwy wM be looM until such flaw ae Mae mqukow s are mM. l m*#W 0.00
I have raw Mb appnatbn and ebb Mat tlu Infamawn b fore and waW.
TOTALPEE 176 208.75
OWNER/coNTRAcToFVAeEmT DATE 05M By
Thu is a&Aft permh when properly sled a s%elpnw and WWaled,and Is not trarubrable. T tANAW SAMPLE
FERMI
0001
a
SbCCION 9411.00 APPEALS, INDIAN TRUST LAND ATTACHMENT 6
A. Pursuant to the contractual agreement between the Tribal Council, Aga Caliente Band of
Cahuilla Indians (1'dbal Council), and the City Council of the City of Palm Springs (City
Council), executed July 26, 1977, and the provisions of 71*d Ordinance No. 4, meted
August 5, 1977, and natwithstartding any provision of the Palm Springs Zoning Ordinance to
the contrary, said Tribal Council may, upon the appeal of an aggrieved party, either affirm,
modify, or reverse any decision of said City Council In the fgllowing matters relating to the
use,proposed use, or development of Indian trust land.
1. Building and Utility Permits. ^ �
CA
2. Changes of Zone. _ /vJl�
3. Variances firm applicable zoning requirements.
4. Conditional Use Permits.
5. Planned Development District Permits.
6. Tentative and Final Tract and Parcel Mom.
7. Changes or amendments to the General Plan, or to the Zoning Ordinance of the City of
Patin Springs.
8. Enforcement of Zoning and Building Codes.
9. Interpretation of State and Federal environmental regulations.
10. Related mattes to the above.
B. Notice of appeals to the Tribal Council must be filed.within ten (10) days of the written
decision of the City Council which is being appealed, and such filing stays all proceedings in
the matter until the decision of the Tribal Council on the appeal.
C. Notwithstanding any provision of the Palm Springs Zoning Ordinance to the contrary, any
matter referred to in Section 9411.00A, above and reladng to the use, proposed use, or
development of Indian trust land, which has been disapproved by the Planning Commission of
the City of Patin Springs, shall be forwarded to the City Council for decision within the time
limit, as pre embed for those matters requiring a decision of said City Council. Unless an
applicant signs a written waiver of his appeal rights when any matter referred to in Section
9411.00A above has been disapproved, the Secretary of the Planning Commission shall notify
the applicant of such disapproval in writing. The notification shall further inform the applicant
that (1) the matter has been forwarded to the City Council for decision, and (2) that applicant
may contact the City Cleric within 15 (fifteen) days regatdmg the date applicant desires the
matter to come before the City Council. For purposes of this paragraph, a matter shall be
deemed disapproved if formally disapproved or conditions are imposed before the approval will
be granted.
D. In those matters referred to in Section 9411.01IA, above, and relating to the use, proposed
use, or development of Indian trust land, the applicant, land owner, or the Tribal Council at
Appeals, (I.L.)
9411.00
Revised&Reprinted 5-1-98 -327-
ORDINANCE No.�5
OF THE ACUA CALIENTE RAID OF
CANUILLA INDIANS
I. INTRODUCTION and SCOPES
A. TITLE. This ordinance aball be titled, and quoted as the
'Tribal Land Use Appeal Ordinance.•
e. Pug It is the purpose of this ordinance to establish and
define procedures whereby the Tribal Council of the
Agua Caliente Band of Cabuilla Indians will receive
and consider the appeal of an Appellant, as such
party is hereinafter defined, who is aggrieved by
a decision of the City Council of the City of Palm
Springs which affects the planning, seeing, develop-
ment, or use of Indian trust Is" within the exterior
boundaries of the Aqua Caliente Indian Reservation,
and, after consideration of said appeal, will affirm,
modify, or reverse the decision of said City Council
which is the subject of the appeal, all pursuant to
Agreement No. 1324 (in said City's records) , between
the Tribal Council and City Council, first executed
on August 2, 1977, and as subsequently amended.
C. DEFINITIONS. For the purpose of carrying out the intent of
this ordinance, words, phrases, and terms shall be
dammed to have the meaning ascribed to them in the
following paragraphs covering definitions.
When not inconsistent with the context, words used
in the present tense include the future; words in
the singular include the plural; and those in the
plural number include the singular; words in the
masculine gender include the feminine; and those in
the feminine gender Include the masculine; "or"
Includes •and" and *and* Includes "or". The word
"shall" is mandatory; the word "may" is permissive.
1. APPELLANT shall Include any individual(s) or entity
aggrieved by a decision of the City Council of
Palm Springs alfacting tits planning, setting, or
development of trust land located within the
Aqua Calieote Indian Reservation who is: (1) a
Tribal Council Ord 5
Reprinted 5-1-98 Appendix 1
Page 329-1
a -
9. Interpretation of state and Federal environ-
mental regulations, and
10. Related matters to the above. '
U. pURN,• and FORM FOR FILING APPEALS.
1. Appeals from a decision of the City Council
must be initiated by an Appellant by his filing
in triplicate a Notice of Appeal form, as pro-
scribed by the Tribal Council, which is com-
pletely filled out.
2. The Notice of Appeal must be filed in the office
of the Tribal Council within a period of ten (101
days from the data of receipt by an appellant
of the written decision of the City Council
being appealed, and said Notice being accompanied
by a filinq fed of Two Hundred Fifty (250.001
Dollars, in cash, personal check, cashiers or
certified check, away order, or bank draft,
payable to said Tribal Council. Unless the
appellant can demonstrate to the contrary to
the satisfaction of the Tribal Council, receipt-
of such a written decision by an appellant shall
be deemed to have occurred 3 days after the date
appearing on the face of said written decision.
3. The notice of Appeal shall clearly identify
the facts and circumstances which, in the opin-
ion of the Appellant, indicate error or abuse
of discretion by the City Council in the matter
on appeal, and wherein the modification or
reversal of the City Council decision would
conform to acceptable planainq and zoning
standards, and assist is promoting public health,
safety, convenience and.general welfare.
1. Within a im-riod of thirty (30) dhys of Nap dAln
of filing a Notice of Appeal, the Appellant Of
record thereon shall file, in the office of
'tribal Council, the following informational
documents:
a. A 'complete duplicate copy of the record
and material previously considered by
the City Council, including maps, exbibits,
photographs, reports, etc.
b. Transcripts of any and all prooeedings
before the City Council, including study
Tribal Connell Ord 5
Appendix 1
Reprinted 5-1-98 Page 329-3
to the Indian Planning Commission for report or
comment, except as roilowss
1. Mesa the Tribal Council determines that addition-
al speaialised studios are desirable to resolve
the issues of an appeal, said Tribal Council may
direct the Appellant to provide additional data
and conclusions from qualified experts in par-
tiaular' fields, and within a period of sixty
(60) days of the data of such direction, with
said Appellant hearing the full and total cost
of such additional data and conclusions.
2. The Tribal Planning Consultant and the Indian
Planning Commission shall have the benefit of
review of additional specialised studies, prior
to submitting final reports op comments to the
Tribal Council.
B. POPNAL CONSIOShATION. The Tribal Council is not a "public
agency", or a "quasi-public agency.' however, for
purposes of this ordinance, after receipt of the
final report and comment of the Tribal Planning
Consultant and the Indian Planning Commission, said
Tribal Council shall schedule and attend at least
one joint public meeting with the City Council, at
which time the Appellant, his Counsel, or his repre-
sentative may be beard, and where comments of the
general public on the issues may also be heard,
provided that such public comment supplies new and
pertinent information not previously included in the
City record. Comments of the general public shall
be subject to reasonable restrictions which might
be imposed by tine Tribal Council to limit the length
of the meeting and to avoid repetition of informa-
tion already in the record.
1. The City Council shall cause to be published
the date, time, place, and purpose of the
joint public seetipg with the Tribal Council,
at least one time in a newspaper of general
circulation in the City of Pain Springs, and
at least ton (10) days prior to the date of
said noting.
Tribal Council Ord 5
Appendix I
Reprinted 5-1-98 Page 329-5
ader
WOW - TUIUAL WILL, 014MUAa1C9 Page 7
Sea. II1., D. COot
a.
within S days of the adoption of this ordiaaace
by the Tribal Council.
Be IT =RCM by the Tribal Council of the Ague, Caliente Said of
Cahuilla Wiens, this /, :daly of•December,
r � 'ff�•i �VMFJi/+iN'
are ,
rLbal CouncL Tribal Council
PROXY et, Tr CIL
� I �
TnW Council Ord 5
Reprinted 5-1-98 `ppendoc1
Page 329-7
� Y
SUPPI FMENT TO NOTICE OF APPEAL
�:�plhN sA,9i
Identification of Appellant: .�
Geopetro LLC
c%Criste,Pippin&Golds
73-550 Alessandro Drive,Suite 200 c17y C�. ^
Palm Desert,CalMcnia 92260
Phone: (760)862-1111
Facsimile:(760)776-4197
Procedural Update:
In the original documentation,Geopetro,LLC("Geopetro")noted that questions
regarding the jurisdiction over this issue led it to file the appeal in the following
jurisdictions:The City of Palm Springs City Council("the City council"),the
City of Palm Springs Administrative Appeals Board,and the Coachella Valley
Association of Governments("CVAG"). Subsequently,a similar appeal was filed
with the Tribal Council of the Agua Caliente Band of Cahuilla Indians("the
Tribe"). At the present time,the only appeal pending is the one before the City
Council. The appeals to the Tribal Council and CVAG have been dismissed
without prejudice pending the outcome of the appeal before the City Council. The
appeal to the City of Palm Springs Administrative Appeals Board was dismissed
for lack ofjurisdiction.
Therefore,the only appeal being pursued is this appeal,to the City Council,which
is set for hearing on December 15, 1999.
Further ent:
It has come the attention of Geopetro that one of the arguments being raised in opposition
to its position is that the contractual relationship between the City of Palm Springs("the City")
and the Tribe applies only to land that is held in trust for the Tribe itself,and not to land that is
held in trust for individual Tribal Members.
An examination of the various contracts between the City and the Tribe will demonstrate
that this is not the case.'
' Of course,if it were the case,the City would not have a right to impose its zoning
ordinances on the vast majority of Indian land within the City,which is held in trust for
individual Tribal Members rather than the Tribe. Indeed,Geopetro would not need to obtain
permits at all,as the City would have no authority over federal tout property.
X*apcftdO3.WO I
The first document that references the issues between the City and the Tribe with respect
to the City's desire to assert planning control over Tribal land is Ordinance Number 779,which
was adopted March 16, 1967. A copy of this ordinance is attached hereto as Exhibit A. While
the substantive contents of that ordinance have no bearing on the present controversy,it is worthy
of note that the ordinance defines"Indian Land"as"any real property...belonging to any Indian
or to the[Tribe]..."(Exhibit A, § 3(F),p.3.)
More importantly,Agreement Number 1324 between the Tribe and the City,executed on
July 26, 1977(and adopted by City Council Resolution No. 12298) also similarly designates the
land subject to the contract("the Land Use Agreement"). A copy of the Land Use Agreement is
attached hereto as Exhibit B. The Land Use Agreement refers to Indian trust lands,and does not
distinguish between those lands held in trust for the Tribe and those held in trust for individual
Tribal Members. (Exhibit B, § I.L,p. 1.) Further,the Land Use Agreement refers to"all lands
under their respective jurisdiction.." (Exhibit B, §I.6.,P. 1.)
The City and the Tribe have reached an agreement with respect to land subsequently
acquired to be placed in trust on behalf of the Tribe such that it was not subject to the Land Use
Agreement. A copy of this Agreement for Tribal/City Land Use Coordination on Certain Parcels
("the Tribal/City Agreement")is attached hereto as Exhibit C. Logic dictates that if land held in
trust for the Tribe is exempted from the Land Use Agreement,then land held in trust for
individual Tribal Members must be subject to the Land Use Agreement,or the Land Use
Agreement would be moot.
Therefore,the Land Use Agreement applies to the disposition of this matter. As noted in
the original papers filed herein,under the terms of the Land Use Agreement,the City is permitted
to"collect all fees heretofore collected or as may be amended and reasonably related to the cost
of..."zoning and land use ordinances. (Exhibit B,§II.2.,p.2.) The Land Use Agreement
predates TUMF Fees.
As result,the TUMF fees are not part of the Land Use Agreement,which sets forth the
exclusive mechanism for the City to charge fees to Tribal members with respect to zoning issues
on Tribal land. Therefore,the City cannot impose payment of such fees as a condition to issuing
permits for current development of Tribal land. Although the Tribal/City Agreement does
specifically exempt land held in trust for the Tribe from TUMF fees,it does not address whether
TUMF fees can be assessed against land held in trust for individual Tribal Members.
Nonetheless,under the existing Land Use Agreement,the City cannot refuse to issue a
permit based on the collection or non-collection of TUMF fees.
j pdMAnwpd 2
• .•,. • • • r ' • oRDINlIA'CE nro., •`. . • . ' .��15�4.7 .
.LL2
• OF 171E CITY OF PALM SPRINGS, Culfornu
• SEPARATELY ACREEING TO AND FIXING THE 4 lid
.R=U&TIONS FOR THE USE AND DEVEIAPSM t
OF REAL AND PERSOMAL PROPERTY, %VCLUDIW '
WATER RICXrS, SMATED WITIQR THE EXTERIOR
BOUNDARIES OF TUE CITY OF FART SPRUMS
WRICII IS LEASED FM. HELD OR USED UNDER
•ACREEIW WITH BELOWIIG TO OR HELD IN'
• ,TRUST FOR THE JsC1U. CALIENTE BAND OF MISSION
INDIAUS OR MY hdGER OF SAID BAND.
Tile CITY COUNCIL OF THE CITY OF'PALH SPRINGS, CALIEORVIA
DOES ORDAIN AS FOLLoHS:
SECTION 1. SHORT TITLE. The short title of this
Ordinance shall be known as "The Joint Planning Procedure-
Ordinance." It shall be self-sustaining and separate
from the Zoning Ordinance.
• SECTION 2. PURPOSE. The total lands circumscribed
by the erterior boundaries of the City of Pala: Springy-s is
composed in part of major areas belonging to, and hold in
trust for or leased from members of the Ague Caliente Band
of Hission Indians, and hereinafter called and referred to
as "Indian Land." A stipulation fins been entered into
between the parties in the case.of The / ua Calientt Band
of Hission Indians vs. The Cite o£ roAn l! s, 7.yL C-
- F:o. 053 ' , an zu re erence as e c to in enacting -
Gu following provisions of this Ordinance. Said stipulation
provides agws�g other things, for the enactment in ordinance
Soma of and use and zoning rsgulatioos, •rncludir zoning
• - maps, alpplicable only to Indian Land, after consultation Kith
this Tribal ConaeiL of said Saad, and approval by the Secretary
of the Interior of' the United States of America or his 8uly,
,�utiwzi-ad representative, and for the establish'm:ent of an.
Advisory Indian Land Planning Commission, hereafter called
and referred to as ;tbe "Indian Planning Commission." This
Council of the City of Palm Springs fs advised that an
Indich Planning Camm.issioa, consisting of dedicated and
knowledgeable parsons, both Indian and non-Indian, have been
f duly appoipted to serve as members of said Commission by
the Tribal Council of said Band. This Council of the City
of Pala Springs therefore and herewith establishes a bene-
ficial procedure for the regulation of land use in said City,
• and for the integration of a planning program on Indian land
and non-Indian lent, and a framework of reference which will
promote and encourage eventual•unifotimity in the land use ,
and zoning regulations throughout the City, while recog-
nizing' that any inequities that may arise, may be solved
in appropriate cases, by applicable provisions of the Palm
Springs Ordinance Code.. In accordance with the foregoing
74-11.
EXHIBIT'.,,_
}
• i...
references, it is'Litt purpose of this Ordinance: 1. to define
"lndian Land", 2. to delete the application of certain existing
7 provisions of Division 9 of the said Code insofar a the sure
purport to control, regulate or provide for the permitted
use or any parcel, lot or a_sa of Indian Lnnd, 3. to adapt
nou sections and provisions outside of said Division 9 applying
only to Indian Land until such time as the same may apply to
non-Indian land, 4. to provide for clear and appropriate desig-
nation of Indian Land, and the regulations bpplling thereto,
in the text of any zoning regulations or on zoning maps relating
to the City of Palm Sprin;,s or environs and, S. • to prom ide that
Indian Land shall hereafter be identified by the'prefir. "IV' on
all zoning or other maps and official records of the City of
Palm Springs, in order that all parties may perceive, underschnd,
recognize and appreciate that the land use regulations applying
generally throughout said City do not necessarily apply on Indian
Land.
SECTION 3. DECLARATION. When adopted and made applicable
to Indian Land by the Secretary of the Interior of the United
States of America, or his authorized representative, and except
as hereinafter provided, the laws, ordinances, codes, resolu-
tions, rules or other regulations of the State of California
!• and the City of Palm Springs, California now existing or that "
may be amended or enacted in tha future, limiting, -zoning or
otherwise governing, regulating or controlling the use or develop=
went of property, either real or personal,'including water rights;
shall be applicable to Indian Land within the'exterior boundaries
of the City of Palm Springs, California. The exceptions to the
Zoning Ordinance of Palm Springs, mentioned above, applying to
Indian Land are contained in the following provisions.
(A) In lieu of Section 9100.02-A of Division 9 of the
Palm Springs Ordinance Code, the following shall apply to
Indian Lands only:
A. Whenever the provisions of the Zoning Ordinance
impose a greater restriction or regulation upon
buildings or structures and the use of them or
the use of lands or premises and require larger
Open spaces or yards or setbacks than are imposed
or required by other ordinances, rules or rejula-
tions, the provisions of -the Zoning Ordinance
shall govern, except as to Indian Land. On Zrdian
Land, any restriction or regulation upon the use
of real property, or the location, type, character,
or miintenance oz the improvements thereon; shall
obe subject to approval by the Secretary of the
Interior of the United States of America, or his
authorized representative, after consultation with
the Tribal Council, Agua Caliente Band of Mission • .
Indians..
(B) In lieu of Section 9100.03-A of Division 9 of the,
Palm Springs Ordinance Code, the following shall apply to Indian
1.1nds only:
A. 'In order to classify; regulate, appropriately
Jrroup as well as separate, the use of land, and
the use, height and bulk of buildings and im-
provements on such land, the provision of
adequate open space between buildings on the
some or adjoining lots or parcels of land, and
to regulate the density of population, the City
is hereby divided into the following zones, in-
eluding the particular category applying to
Indian Land, as hereafter defined.
(C) Section 9100.03 of Division 9 of the Palm Springs
Ordinance Code is hereby augmented to apply to Indian Lands only,
as follows:
5. Indian Land Zones
IL Indian.Land .
(D). Notwithstanding any other provisions of this
Ordinance or the Palm Springs Ordinance Code to the contrary,
any and all lots, parcels or areas of Indian Land shall be
clearly'identified by the symbol IL preceding the
general and
affective zoning designation, an all zoning maps.and related '
land use records in the City of Palm Springs.
_ (E) In lieu of Section 9100.07 A of Division 9 of the
Palm Springs Ordinance Code, the following shall apply to
Indian Land only:
A Except to the extent that other ordinances have
been Approved by the Secretary of the Interior of the
United States-of America, the provisions of this
Ordinance governing the use of land, buildings and
structures, the size of yards abutting buildings and
structures, the height and bulk of buildinga,.the
�doesiCy of population, standards of performance anal
other jprovisxons are
hereby declared'to be in effect
on
Indin Land, included within the boundaries of
each and every zone established by this Ordinance.
(F). Indian Land: •Indian Land shall mean any real propert
includ£ water r ts, belonginngg to any Indian,or to the
Agua Cal onte Band of Mission Ind£ans that is held in trust'
by the United States at is subject to a restriction against
alicnatioa'impos .0 by the United States, as well as *ny structu•
erected on such realty, located within the boundaries of the
City of Palm Springs. This definition shall be applicable, any
other provisions of the Palm Springs Ordinance Code notwith-
standing.
(C) Section 9210.03 E of Division 9 df the•Palm Springs
Ordinance Code shall not apply to Indian Land.
, ti
• : - ' try. • � :" �� _ t•� • -
(H) • Division 9 of the Palm Sprin;s Ordinance Code is
'hereby au,aented, applicable only to Ind-an Land,-as follows;
1. Yards. For General Provisions., sec Section
' ivroo.
2. Hillside lot front yards may be modified by '
the Ronnie.- Director, as provided in Section
9405.01. .
3. -Front Yard.
a, Etch lot shill have a front yard extending
across the full width of the lot; said
yard to have a depth of not less than
twenty-five (25) fact.
} b.' Y.eylottss shall have a front yard of not
' less- than the required front yard for
-the adjoining interior lot. When the
front yard on the ad3ofuing interior lot
is less then prescribbed by this Ordinance,
the key lot front yard may be the same, ,
but shill in ., .we be less than fifteen
t .(15) feet.
c. Cul-de-sac and curve lots Shall have a
rant yard of not esa 10tan twenty (20)
feet. :
A. •Partiall• built-u -blocks. Where lots
.• .• comprising fifty per cent or more
of the block frontage are developed with
a front yard less than that prescribed in
. this Ordinance, the average of such existing
front yards shall establish the front yard
for the remaining lots in the block frontage
provided a front yard determined in this
manner shall be not less than fifteen (15)
' feet. Existing front yards greater than.
forty (40) feet shall be computed as forty .
(40) feet in computing the average.
e. Itci2hborhoad unit clans, where the entire
' 0 blockrenta°e is designed and developed
es a unit, tie front yard requirement-ma -
be-varied by not more than five (5) feet-in
either direction, provided that the avarage
front yard for the entire block froncage. is
not less than that required in the zone.
.4. Side Yards
a. .There shall be a side yard on each side of
' a lot-extending from the front yard to tha
rear yard; said yard-shall not be less than
ton (10) feet in width.
b. *On corner Leta the side yard Adjacent to
[lac side street property line shall not
be leas Chan twenty (20) feet in width.
c. .Reversad corner lots shall have a side
ya a aces: to to side street property
3 line wieh a width noC less than the•required
: front yard on the adjoiniagg key lot, but in
no case less than twenty (Z0) feet.
S. Rear Yard.
a. •Each lot shall have a Ycar yard extending
:across tl•.e full width of the lot; said
yard to have a depth of not less than ten
(10) fact. '
(I) Sections.9211.03-C and 9212.03-C of Division 9 of the
-Palm Springs Ordinance Code shall not apply to Indian Land.
W Division 9 of the Palm Springs Ordinance Code is � r4
by'augmanted to apply only to Indian'Land as follows:
IL Da" SIiY. -
l. .Hotels. '
• A minimum of five hundred (,00) square feet of
• - •net lot area shall,bo required for each guest•
room constructed or-maintained on any-lot,
' 2. ;Apartments .and Decllinrt Units.
`'• A minimum of seven hundred (700) square feet
of net lot area shall be required or each
apartment or daelli:y unit.constructed or
:maintained on any lot.
V. In all cases, the above lot area factors are
cdmulative and the lot area charged to any
' particular guest room, apartment or dwelling
unit shall not be utilized to authorize the
construction or maintenance of any other guest
4 room, apartment or dwelling unit.
Sections 9211.03-E and 9212.03-E of Division 9 of�
the•Palm Springs Ordinance Cade shall not apply'to Indian Land.
(L) Division 9 of the Palm Springs Ordinance Code is
hereby augmented applicable only to Indian Land as follows: .
IL YARDS.
1. For General Provisions see Section 9301.00 of
the Palm Springs Ordinanca Code.
-5-
2. All rcout, side and rear yard requirements, for
the R-3 Zone, as provided in the above Section (J)
are required.
Sections 9211.04 and 9212.04 of Division 9 of the
Palm Sprigs Ordinance Code small not apply to Indian Land.
(R) Division 9 of the Palm Springs Ordinance Coda is
hereby augmented applicable only to Indian Lands as•follows:
PERPO?2iANCE S?ANDAMS: ..
All required yard spaces shall be landscaped or
developed as usable outdoor living, and recreation
rare*. Khan a minimum yard space is utilized fbr
paved automobile parking purposes, than, and in -
that event, additional landscaped areas shall be
provided and maintained to eoapeasate for the area
under pavement.
• XO) ' Sections 92il.03-0 and 9212.03-C•of Division 9 of
the Palm Springs Ordinance Code shall not apply to.Indian Land.
(P) Division 9 of the Papa Springs Ordinance Code is
hereby augmented applicable only to Indian Land as follows:
COVERAC-c:
The building coverage shall not exceed forty j40)'
percent of the not-lot area. :
(� Section 9217.03-D of Division 9 of the Palm Springs.
" ,'Ordinancg Code shall not apply to Indian Land. .
. •+ - Division 9 0£ the Palm Springs Ordinance Codc is
hereby cYgmenecd applicable only•io Indian Land as follows:
:..: YARDS:
" -1: Front, side or rear yards are not required for
�• any building other than those cdataining guest
.� rooms or dwelling units.
2. Any building which is designed or used for
- living or sleeping purposes shall observe yard
spaces in conformity with the R-4 Zone.
- c )oi Section 9217.03-E of Division 9.Code of. the Pali Springs
shall not apply to Indian Land.
(T) Division 9 of the Palm Springs Ordinance Code is
hereby augmented applicable only to Indian Land as follows:
OFF-STREET PAPXING:
All off-street automobile parking areas shall
i
obscrie a minimum Seebeck Cram any public street
of five (5) fact, and otherwise comply with the _
provisions of Section 9306.00.
(U) Section 9217.04•of Division 9 of the Palm Springs
Ordinance-Code shall not apply to Indian Land.
(V) Division 9 of the Palm Springs Ordinance Code is
hereby augmented applicable only to Indian Lana as follows:
PERFORMANCE STANDARDS:
,Ten (10) percent of the area of any building site '
shall be landscaped. '
(14) Section 9217.03-D of Division 9 of the Palm Springs
-Ordinance Code shall not apply to Indian Land.
(R) Division 9 of the Palm Springs Ordinance Code is
her¢b�y•augmented applicable only to Indian Land as follows:
BUILDING FLOOR ARsA:
No building shall hereafter be constructed -in the
C-IM Zona unless said building will contain a
minimtsa floor area of five thousand (5000) square
'feet, in one or more stories. _ •.
(11 Sections 9210.01-C 13, 9211.01-C 2, 9212.01-C 2,
and 9304.00 of Division 9 of the Palm Springs Ordinance Code
shall not apply to Indian Land.
(Z) Division 9 of the Palm Springs Ordinance Code is
hereby augmented applicable only to Indian Land as follows:
1 NICK-RISE BUILDINGS: ,
For tip¢ purpose of'this Section,•a high-rise
building is defined as a building or structure
which exceeds thirty five ,M) feet in height.
A. •A11 parking areas shall be landscaped and
Improved in accordance with Section 9306.00.
.B.• A minimum of*fifty (50) percent of the site
area of a high-rise building, excluding
off-street automobile par):ing areas and
c -• requiied laridscapin4 in connection there-
with, shall be developed and iaintained as -
open space for the preservation of vier,
outdoor living and recreation. At least
twenty-five (25) percent of such open space
shall be landdscaped and maintained in plant
• ' mataridl. L
. a
C WHarinum height of high-rise buildings shall
be one hun4red (100) tact. This shall include
all appurtenances on spch buildings, and this '
moa aaxi height shall be censured rom any point
of the natural elevation of the ground at the
building line, before grading, up to the max-
imum projection on the top Of the buLlding at -
the same point.
D. A high-rise builds - shall observe a minimum
etback of one (1) foot of horizontal setback
distance for each one (1) foot of vertical ,
across the short dimension of the lot and one
*and one-half (lk) fact of horikontal setback
to cat (1) foot of vertical, rise across the
long dimension of the lot: All setbacks shall
be measured from•property lines.
E. High-rise buildings shall be designed by a
licensed architect, and such designs be reviewed-
by the Planning Commissiixi, and other qualified
persons as appointed by said Planning Commission
to insure that such buildings shall fit into,
the resort character of the community, and
comply with all the provisions of this Section.
SECTION 4. The Cicy of Palm Springs shall furnish the
Tribal Council of the Ague Caliente Band of Mission Indians and
the Indian Planning Commission, and/or their authori-.ad repre-
scntative, with notices of all public hearings, staff reports
' .:and recommendations, memoranda of all special City Planning
Commission meetings and committee meetings, the agendas and
minutes of all meetings of the said City Planning Commission,
• copies of preliminary subdivision maps, and proposed resolutions
and ordi4ences involving the use and development off land within .
the oxtc_ior•boundaries of the City of Palm Springs. Further,
in matters relating to the use and development of Indian Land,
the City o! Palm Springs will provide copies of all applications,
plans and elevations of proposed buildings and any other in-
formation submitted by the applicant.
SECTION 5. Er ECTIVE DATE. This Ordinance shall be in
full force and effect thirty (30) days after passage.
SECXOX &. •PUBLICATION. The City Clerk is heraby orderer
and directed to certify to the Passage of this Ordinance and to
cause same- to be published once LR T'iw DESERT SUG, a daily
neu-spaper of g.,ICVUI circulatic_, printed, published and cir-
culated in Cite City of I•alm Springs, California.
Adopted this 17_:• day of
APES: Coun dImms D..- ievvL a, !Oster, 5211S, USc:a:a 41syor 11eaUbrey
NOES: lets
ABSENT: lbtsa
CITY or PAIM.SPRXWSS CALIPORKIA
ATTEST:. ' ma'yoN="°e' r;'
F. D. ALESHIRE _' ;: . ., •+� "
City Clark ,
By "I1ep�"uty�Ic
�• APPROVED AS TO FORK: CONTENTS APPROVED:
.5y Attorney
Date Date -
' Agsa Celienta Band of ComLLLa
Iediaes - Interim praressteg
of trust tend der parmits
CONTRACT ACRPa168I IL324 (OrL9 7-26-77)
Res f12290, 7-26-77
This agreement is made as of the 26th day of Juty ,
1977, by and between the Tribal Council of the Aqua Calionto Band of
_ Cahuilla Indians ("Tribal Council") and the City Council of the City
of Palm Springs, California ("City").
1. Statement of Facts
I. The Tribal Council is the legally recognized organized
governing body of the Triba with the authority under its Constitution
and By-Laws be enter into this agreement with the City.
2. The Under Secretary of the Interior, effective as of June I8,
1977, issued a Notice (42 F.R. 32851) rescinding the application of the
land use regulatory laws of the City of Palm Springs and the State of
California be those leased Indian trust lands geographically located
within the City.
3. The Tribal Council has the power under its Constitution and
By-Laws and in )koeping with its powers of self-determination to adopt
policies to achieve the highest.and best use of Ague Caliente Indian
i lands, including but not Limited to zoning and development thcroof.
4. In view of the Under Secretary's Notice, the City, by City
Council Resolution No. 12249 adopted on June 29, 1977. has suspended
the processing of-'applications filed on and after June 29, 1977.
dealing with Indian trust lands.
S. The suspension of applications in respect to the develop-
ment of Indian trust Land, if not promptly and properly eliminated
throatann to impose an unreasonable hardship on the appropriate develop-
ment of Indian trust land and to irreparably damage the economy of the
entire community.
6. Both parties recognize the need for effective planning,
zoning, and Land use controls with respect to all lands under their
respective jurisdiction.
- EXHI 11$
7. The parties desire to sake a sincere effort to effectively
r-
resolve this problem without delays and In a autUally satisfactory
manner.
II. agreement of the Parties.
°� In consideration of the mutual promises and undertakings hereln-
after agreed to, the Tribal Council and the City do hereby agree as
follows:
1. Upon execution of this agreement, the Tribal Council shall
by ordinance or resolution make applicable to Indian trust lands goo-
graphically located within the City the laws, ordinances, codes, reso-
lutions, rules, or other regulations of the Stabs of California and of
the City, limiting, zoning or otherwise governing, regulating or con-
trolling the use or development of Indian trust lands within the geo-
graphical limits of the City, and the City will resume the processing
and, when all is found to be regular and in accordance with applicable
laws and regulations, the issuance of all permits partaining to said
Indian trust lads in all ways necessary and proper for the development
thereof, which shall include but not be limited to the £ollowingr
a. Building and utility permits,
b. Changes of zone,
C. Variances free applicable zoning requirements,
d. Conditional use permits,
o. Plannedeoovelopment District permits,
f. Tentative and final Tract and Parcel Maps,
g. Changes or amendments to the General Plan,
h. Enforcement of zoning and building codes,
y� i. Compliance with State and Federal environmental
regulations, and
J. Related matters to the above.
,
2. . As further consideration the City of Palm Springs may collect
all fees heretofore collected or as the same may be amended and reason-
ably related bo the cost of hdministering paragraph 1 above.
3. The Tribal Council and the City shall consult with each other
^ regarding all planning and zoning matters affecting Indian trust lands.
.� d. Any party aggrieved by an action of said City Council in
planning and zasinq matters as outlined in paragraph I-a. through l.j.
above, affecting Indian trust lands may appeal be the Tribal Council
for relief. Said Tribal Council in accordance with procedures to be
established, after notice and opportunity for hearing and on the basis
of the entire record, may affirm, reverse or modify any decision of
said City Council on a matter affecting Indian trust lands and the
decision of the Tribal Council shall be final. In no event shall the
Tribal Council act finally on an appeal before meeting jointly with
the City Council to review said appeal.
S. This agreement is intended to serve pending the develop-
ment of future procedures, rules or regulations by agreement of the
parties respecting regulation of land use on Indian trust lands goographi-
cally located within the City. Joint discussions regarding these matters
shall begin not more than 120 days after approval of this agreement.
However, either party may terminate this agreement, without prejudice
to any legal position thereafter asserted except as hereafter provided,
upon thirty 00) days written notice to the other party. In the event
of termination of this agreement, any project existing or in process
pursuant to previously granted approval by the City shall continue. to
be bound by the tormo and conditions of such approval.
G. This agreement shall be approved by resolutions of the
Tribal Council and the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement by their respective authorized officers the day and year
first above written.
TRiBfL 9OVNCIL/F THE TCUA CALL NTS
:BANO F'CIUIU A IN I S.,'
B car
V `
CITY
Ot�,e� BP�tI 6S;"QAI�pRNIIA�,
Mayo
v
r .. Ten d)aJ to
'i
SUPPLENWAL AGRF.DIFIIT NO.•1
(To Agreement No. 1324 between the
Tribal Council of the Aqua Caliente
Band bf Cabuilla Indians and the
Palm Springs City Council.). T-
This supplemental agreement 1s made as of theme day of
19_( by and between the Tribal Council of the Ague Caliente Band of Cahuilla
Indians ("Tribal Council') and the City Council of the City of Palm Springs,•
California ('City").
Purpose
The Tribal Council and the City previously entered into an agreement (No.
1324 in City's records) dated July 26, 1977, relating to the regulations con-
cerning zoning, use and development of Indian trust lands, and the administration
thereof by City; and it is now the mutual desire of the parties to prescribe
more specific details in implementation of paragraph II.4. of said agreement
pertaining to appeals by persons aggrieved by planning and zoning actions.
Agreement
Therefore, the parties hereto mutually agree that paragraph II.4. of said
Agreement No. 1324 is implemented by the adoption of the procedures and specific
details prescribed in the attached "Proposed Amendment, Palm Springs Zoning
Ordinance' which procedures and details shall be deemed effective immediately,
and shall be processed for inclusion in the Palm Springs Zoning Ordinance at
such time in the future as the total "package" of future procedures, rules or
regulations by agreement of the parties, is ready for processing for inclusion
In the Palm Springs Zoning Ordinance, as contemplated by paragraph II.6. of said
Agree nt No. 1324.
Ill NITNESS V EREOF, the parties hereto have ozecuted this agreement by.
their respective authorized officers the day and year firs above written.
TRIBAL OUNC AGUA CALUM M10
CI RNIA
1 By
PROPOSED AMENDMENT
PAIN SPRINGS ZONING ORDINANCE
NOTE: The following specific language is proposed as an amendment to the
above Ordinance, based on the latest study and meetings of the Tribal
Council, Ago Caliente Band of Cabuiila Indians and the Palm Springs
City Council.
SECTION 9411.00 - APPEALS. INDIAN TRUST INN
A. Pursuant to the contractual agreement between the Tribal Council, Aqua
Caliente Band of Cabuilla Indians (Tribal Council), and the City Council of
the City of Palm Springs (city Council), executed July 26, 19779 and the
provisions of Tribal Ordinance Ro. 4, enacted August 5, 1977, and not-
withstanding any provision of the Palm Springs Zoning Ordinance to the
contrary, said Tribal Council may, upon the appeal of an aggrieved party,
either affirm, modify, or reverse any decision of said City Council in the
following matters relating to the use, proposed use, or development of
Indian trust !land:
1. Building and Utility Permits.
2. Changes of Zone.
3. Variances from applicable-zoning requirements.
4. Conditional Use Permits.
S. Planned Development District Permits.
6. Tentative and Final Tract and Parcel Maps.
7. Changes or amendments to the General Plan, or to the
Zoning Ordinance of the City of Palm Springs.
8. Enforcement of Zoning and Building Codes.
9. Interpretation of State and Federal environmental
regulations.
10. Related matters to the above.
B. Notice of appeals to the Tribal Council most be filed within ten (10) days
of the written decision of the City Council which is being appealed, and
such filing stays all proceedings in the matter until the decision of the
�. Tribal Council on the appeal.
C. Notwithstanding any provision of the Palo Springs Zoning Ordinance to the
contrary, any matter referred to in Section 9411.00A, above and relating to
the use, proposed use, or development of Indian trust land, which has been
disapproved by the Planning Commission of the City of Palo Springs, shall
be forwarded to the City Council for decision within the time limit, as
prescribed for those matters requiring a decision of said City Council.
Unless an applicant signs a written waiver of his appeal rights when any
matter referred to in Section 9411.00A above has been disapproved, the
Secretary of the Planning Commission shall notify the applicant of such
disapproval in writing. The notification shall further inform the applicant
that (1) the matter has been forwarded to the City Council for decision,
and (2) that applicant soy contact the City Clerk within 15 days regarding
the date applicant desires the matter to come before the City Council, for
Purposes of this paragraph, a matter shall be deemed disapproved if formally
disapproved or conditions are imposed before the approval will be granted.
I
O. In those matters referred to in Section 9411.00A, above, and relating to
the use, proposed use, or development.pf Indian trust land, the applicant,
land owner, or the Tribal Council at-Iny time during the application or
proposal processing period, may, if it is contended that there is or has
been any unreasonable or undue delay In such processing, file complaint in
writing to this-Effect with the City Clerk, and the City Council shall
thereupon as promptly as practicable, bear the matter, make a decision, and
take such action as is appropriate in the case.
E. Notwithstanding the fact that the Tribal Council is not a "public agency"
or a "quasi-public agenry," the decision of the Tribal Council on an appeal
from action of the City Council in any matter referred to above, shall be
made at or subsequent to at least one public meeting with the City Council
at which time the appellant may be heard and where testimony of the general
public on the issue coy be heard, provided that such comments supply new
and pertinent information not previously included in the City record.
Testimony of the general public shall be subject to reasonable restrictions
which might be imposed by the Tribal Council to limit the length of the
meeting and to avoid repetition of testimony.
__ ---------
�. F. The decision of the Tribal Council shall be final*on any appeal from a
decision of the City Council. Thereafter, any permits necessary to the use
of the land in accordance with the decision of the Tribal Council shall be
issued by the City of Palm Springs.
1
RESOLUTION NO. 1229.8 '
OF THE CITY COUNCIL OF THE CITY OF PALM
• SPRINGS, CALIFORNIA, APPROVING AND AUTHO-
r" PrZING P=QTION BY THE MAYOR OF AN AGREE-
VENT WITH THE TRIBAL COUNCIL OF THE AGOA
CALIENTE BAND OF CABUMA INDIANS RELATO1iG
TO INTERIM PROCESSING OF TRUST LAND DEVE-
LOPMENT PERMITS; AND IU;SmmaG RESOLUTION
NO. 12249.
WHEms Resolution No. 12249, for the reasons recited therein,
di.rectmd suspension of City processing of new.appliaations for •
developments an Indian trust lands, and
WHEREAS the City Council and the Tribal Council of the local
Indian band have arrived at agreement as to an interim arrange-
ment whereby processing of such applications will be resmed by
the City; ;
NOW TBERE.=OOIL BE IT RESOLVED by the City Council of the City
of Palm Springs that Agreement No. 1324 between the Tribal
Council of the Agua Caliente Band of Cabuilla Indians and the
City Council of the City of Paln Springs, Califoxni.h, ccncern'?z:
the City's processing of applications related to proposed deve-
lopments on Indian trust lands in the City, is hereby approved
and the Mayor is antharized and directed to execute the. same
*for and oa behalf of this City Council.
IM IT FORIMMIESOLVED that Resolution No. 1=49'1s hereby•re-
scindad effective as of the date that said Agreement No. 1314
takes affeqft, provided that new-applications for.devalopment'
may be accLinted and pmeessed, bat not finally acted upon, unti:,
such time as the applicable laws, rules and regulations have bee
placed in effect by the Tribal Council pursuant to the teraa of
the Ag-ant_
ADOFT:D TBIS 26t' day of july ,•1977_ '
• •NOES. '' ' .i C• :G� � y
ABse-AT:
t ., ATTEST_ CITY OF PALM SPR3:WW, CALXMF-%'IA
By s/J. S=_ h ` s/Donald A. ,Blubhuugh
Deputy City ark ty,Manager
REVIEWED i APPROVsDC/9
RESOLUTION N0. 16063
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
REQUESTING RETROACTIVE APPROVAL BY THE
r"• SECRETARY OF THE INTERIOR OF THE CONTRACT
BETWEEN THE CITY OF PALM SPRINGS AND THE
AQUA CALIENTE BAND OF CABUILLA INDIANS
RELATING TO THE ADMINISTRATION Of LAND USE
CONTROLS UPON INDIAN TRUST LANDS WITHIN THE
CITY.
' WHEREAS the City Council of the City of Palm Springs and the Tribal
Council of the Aqua Caliente Band of Cahuilla Indians entered into a
contract, effective July 26, 1977, relating to administration of laws,
codes, ordinances, rules and regulations pertaining to land use,
development, planning and zoning of Indian trust lands located within
the City of Palm Springs; and
WHEREAS the City council desires, and is informed that the Tribal
Council desires, that said contract be submitted to the Secretary of
the Interior for approvals and
WHEREAS the City Council and the Tribal Council have heretofore found
and determined that the best interests of their respective
constituents are served by effective planning, zoning and land use
controls, uniformly administered as to all lands within the City,
including both trust and non-trust lands.
HOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs, California, that it is requested and recommended that the
Secretary of the Interior approve, retroactive to July 26, 1977, the
contract of that date between the City of Palm Springs, California and
the Tribal Couqncil of the Ague Calients Band of Cahuilla Indiana
relating to ttie administration of land use and development controls
upon Indian trust lands within the City.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward
certified copies of this resolution to the Chairman of the Tribal
Council of the Aqua Caliente Band of Cahuilla Indiana, for appropriate
Inclusion with the application which will be transmitted for approval
of the contract hereinabove referred to.
ADOPTED this 19th day of November , 1986.
AYES: CounctlarAers Apfelbaus, Birer. Foster, Smith and Royer Bogert
• NOES: None A
? •ABSEHT: none
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Hy s/Judith Sumach s/Norman King
C ty Cler City Manager
REVIEWED a APPROVED_
I hereby certify that the foregoing is a true copy of Resolution No. 16063,
duly adapted by the City Council of the City of Palm Springs. in a meeting
thereof held on the 19th day of November, 1986.
Dated at Palm Springs. California,
This 20th day of November. 1906
DEPUTY CITY CLERK
City of Palm Springs, Califon
�^ APPROVAL
Pursuant to section 2103 of the Revised Statutes of the
United States (25 O.S.C. Section 81) , the Contract between the
Aqua Caliente Band of Cahuilla Indians and the City of Cathedral
City, California, consisting of: (1) the Contract between the
parties dated January 17, 1984, and (2) Supplement No. 1 thereto
dated February 18, 1987, is hereby approved for a period '
beginning on January 17, 1984 , and ending on- either (1) July 4 ,
2076, or (2) the expiration of the 30-day written notice period
provided for in 19 of the said contract of January 17, 1984 ,
whichever occurs first.
Dated:
Rbss O. Swimmer-
Assistant Secretary --
Indian Affairs
i
`��tL BAND o/C
��' jZ1Vf0 G!
3 414Y 2ZL
cz
+ ��
A
*Sjl�W
Jj*-31-92 FRI 9:54 AGLW ^ALIEnE TRiBRL OFO FAX K 61P'j*)r41593 P.02
'-•
• `-v
SIIPPLEMM No. 2
to
Contract Regarding Land Use
between
The Aqua Caliente Band of Cahuilla Indians
and
The City of Palm Springs, California
This supplement is made this day of %AA . 1987 by
and between the Agua Caliente Band of Cahuilla Indians, a
federally-recognized Indian tribe acting through its
duly-constituted Tribal Council (hereinafter, the "Tribe") , and
the City of Palm Springs, California, a municipal corporation
(hereinafter, the "City") as specified below.
Background
on July 26, 1977 the Tribe and the City executed a contract
by which (1) the Tribe agreed to adopt all of the City's land
use regulations as its own and apply them co the trust lands
of the Agua Caliente *Indian Reservation located within the City•
(2) the Tribe designated the City to be and to act as the Tribe's
agent to enforce those land use regulations on the trust lands
of the Agua Caliente Indian Reservation, (3) the parties agreed
to an appeal procedure, and (4) the City accepted these
responsibilities. By a Supplemental Agreement No. 1 dated March
20, 1978, the parties amended the contract of July 26, 1977.
At both times neither party believed that either this Contract
of July 26, 1977 or its Supplement No. 1 of March 20, 1978
required the approval of the Secretary of the Interior under
25 u.S.C. 581, as the Department of the Interior had so informed
the parties. For this reason, no such approval was obtained at
-w ._._..,..._.... ... .....
JAN-31-92 FRI 9:54 WM ^4UEa TRIBAL OFO FAX K 61939MS93 P.03
the time for either the Contract of July 26, 1977 or its
Supplement No. 1 of March 20, 1978, and some of the recitals
required by 25 O.S.C. 581 were omitted from both said documents.
Purpose
Because the federal courts and the Department of the Interior
now both believe that the scope of the approval requirement of
25 U.S.C. Sol is much broader than the parties and the Department
of the Interior believed in 1977 and 1978, the Tribe and the
City have formally requested the approval of the above Contract
of July 26, 1977 and its Supplement No. 1 of March 20, 1978 under
25 U.S. 581 on December 10, 1986. in order to enable- the
Secretary of the Interior to give such approval, the parties
now wish to amend the said Contract of July 26, 1977, as modified
by the said Supplement No. 1 of March 20, 1978, by adding to
it the following recitals required by 25 U.S.C. Solt
Recitals
1. Parties in interest:
a. Agua Caliente Band of Cahuilla Indians, a federally-
recognized Indian tribe and local government of the Aqua Calients
Indian Reservation performing the normal functions of such Indian
tribes, with offices at 960 East Tahquitz Nay, Suite 106, Palm
Springs, California 92262.
b. City of Palm Springs, California, a municipal
corporation and the local government of all land within its city
limits, except as otherwise provided by law, performing all of
the normal functions of such cities, with offices at 3200 East.
JAM-31-92 FRI 9:55 AGUA ^61.1E4TE TRIBAL OFO FAX NO. 619VKM93 P.04
. Tahquitz-McCallum Way, Palm Springs, California.
C. Scope of Tribal Council's authority to execute
Contract of July 26, 1977 and Supplement No. 1 of March 20, 1978.
Constitution and By-Laws of -the Aqua Caliente Band of Cahuilla
Indians (adopted on July 28, 1955, as amendiad, and approved by
Commissioner of Indian Affairs on April 18, 1957) , Article V
("Powers of the Tribal Council" ) , including fLa ("To administer
the affairs and manage the business of the Band; to regulate
the uses and disposition of tribal property; to protect' and
preserve the Tribal property. . . to protect the security and
general welfare of the Band and its members" ) ; lb ("to enact
ordinances and resolutions pertaining to tribal affairs and to
take all proper means to enforce the same") ; qi ("To promulgate
and enforce assessments or permit fees upon non-members doing
business and obtaining special privileges on the Aqua Caliente
Reservation. .") i and yl ("To negotiate with. local
governments on behalf of the Band") . The Department of the
Interior has recognized the Tribal Council's authority to execute
this Contract. See the letter of November 12, 1977 from
Undersecretary James A. Joseph to Mayor of City of Palm Springs,
a copy of which is found as Exhibit 0 to the legal memorandum
to Assistant Secretary Swimmer from the Tribal Attorney, dated
September 26, 1986, in which the Undersecretary states "We
recognize the authority and jurisdiction of both -governments,
tribal and state, to enter into this agreement."
d. Reason for Tribal Council to exercise its authority
to execute Contract of July 26, 1977 and Supplement No. 1 of
March 20, 1978s See I's I.2-I.7 of Contract of July 26, 1977.
JAH-31-92 FRI 9:55 KM ^4LIEHTE TRIBAL OFC FAX ft 619T)b0b9d P.Ub
2. Place made: The Contract of July 26* 1977 and the
Supplement No. 1 of March 20* 1978 were both executed at Palm
Springs. California.
3. ' Term. The term of the Contract of July 26* 19770. as
amended by Supplement No. 1 of March 20, 1978* will be until
July 4, 2076 or until the expiration of the 30 days of written
notice of termination specified in S5 of the said contract#
whichever occurs first.
4. In all other respectss the said Contract of July 26,
1977, as amended by its Supplement No. 1 of March 20, 1978*
remains in full force and effect.
IN WITNESS WHEREOF* the parties hereto have executed this
Supplement No. 2 at Palm Springs* California on the day and year
first above written.
AGUA CALIENTE BAND OF
CAxUILLA INDIANS
� UD
R c and M. anov ohs a =mans
Tribal Council
' ATTEST: CITY Or PALM SPRINGS
B
tyGlerK
APPROYEO BY THE CITY COUNCIL by.Mfk M. Bog , Mayor
By Res. 16110, 2-4-87
JAM-31-92 FRI 9:66 AGUP ('-ALIEMTL TRIBAL IFC FAX N0. 6I9:Vb0h93
APPROVAL
Pursuant to section 2103 of the Revised Statutes of the
United States (25 U.S.C. Section 81) , the Contract between the
Agua Caliente Band of Cahuilla Indians and the City of. Palm
Springs, California, consisting of (1) the Contract between the
parties dated July 26, 1977, (2) Supplement No. 1 thereto dated
March 20, 1978, and (3) Supplement No. 2 thereto dated February
4, 1987, is hereby approved for a period beginning on July• 26,
1977 and ending on either: (1) July 4 , 2076, or (2) the
expiration of the 30-day written notice period provided for in 15
of the said contract of July 26, 1977, whichever occurs first.
Dated:
RoM . Swimmer
Assistant Secretary --
Indian Affairs
6qq
got
o��t�
Cahuilla Indians-Supplement
�pA uF?r No. 3-Land Use Contract
e AeRE£MENT #1324
• ' R18538, 1-4-95
SUPPLEMENT NO. 3
TO
LAND USE CONTRACT
BETWEEN
THE CITY OF PALM SPRINGS
AND
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
On July 26, 1977, the Agua Caliente Band of Cahulla Indians, a
federally-recognized Indian tribe (the'Tribe"), and the City of Palm Springs, a
municipal corporation under the taws of the State of California (the'Ci Y%
entered into a land use contract (the'Land Use Contract') concerning the
manner in which the City would ad as the Tribe's agent for the enforcement of
Tribal land use measures on all of the trust lands of the Agua Callente Indian
Reservation located within the city limits of the City. Since then,the Tribe and
the City have executed Supplements Nos. 1 and 2 to that Land Use Contract
The Assistant Secretary of the Interior for Indian Affairs duty approved this land
Use Contract with its two supplements on May 18, 1987.
The Tribe and the City now modify that Land Use Contract in the
following way. Effective upon the execution of this Supplement No. 3 by the
authorized representatives of both the Tribe and the City, the original Land Use
Contract is hereby amended by the addition of the following new language to
r-. be inserted immediately following 'to Indian trust lands geographically located
within the City'on lines 2 and 3 of paragraph 11.1. of p. 2 of the Land Use
Contract
except for those parcels of land whose legal
description Is found on Exhibits A. B, and C hereto
In all other respects,the said Land Use Contract remains in full force and effect
Dated: December 2z 3. 1994 AGUA CAUENTE BAND OF
CAHUILLA INDIANS ('Tribe'
�. A .
Richard M. Milanovich, Chairman
Dated: Deoe ber S . 1t}9�� C OF PALM SPRINGS ('CkO
u ov, 7 ATTEST:
-Jm c tw c c, City 7TerF—
APPROVED BY THE CITYCOUNCIL
Bvtt#16.IN0.�$338. , �_y ems- _
Agua Caliente Band of Cahuilla
Indians - Tribal/City Land Use
;� Coordination on Certain Parcel
AGREEMENT #1324A
AGREEMENT FOR TRIBALICITY R19450, 1-6-99
LAND USE COORDINATION ON CERTAIN PARGUZ
THIS AGREEMENT FOR TRIBALICITY LAND USE REVIEW ON CERTAIN
PARCELS rAgreement-)is made this 15th day of December, 1998 by and between
the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through Its Tribal
Council (the -Tribe'), and the CITY OF PALM SPRINGS, CALIFORNIA, acting
through its City Council, a municipal corporation (the 'Cihi')• This Agreement is
made with reference to the following:
RECITALS•
A. WHEREAS, the Tribe Is a federally-recognized Indian tribe which
exercises its sovereign authority over the lands of the Ague Catiente Indian
Reservation according to a Constitution approved by the Commissioner of Indian
Affairs, as wen as applicable federal law, with portions of the City of Palm Springs
located within the boundaries of its federal Indian reservation;and
B. WHEREAS, the City of Palm Springs Is a charter city, possessing full
powers with respect to municipal affairs to regulate the territory under its jurisdiction
and in accordance with die California Constitution, its charter, and State law. The
trust lands of the Ague Canente Indian Reservation are Interspersed in a
checkerboard pattern within that portion of the City located within the Reservation,
and
C. WHEREAS. both the Tribe and tine City wish to cooperate In promoting
the orderly and expeditious use and development of all lands of the Ague Canente
Indian Reservation to their highest and best use,consistent with principles of sound
planning and the sovereignty of the Tribe:and
D. WHEREAS, on July 26, 1977, the Tribe and the City entered Into that
certain Agreement No. 1324 (hereinafter the 'Land Use Agreement"), adopted by
City Council Resolution No. 12298. Pursuant to that Agreement,the parties agreed
that applications for issuance of permits and development pertaining to any Trust
lands would Initially be processed through the City, with the City collecting its
normal fees and charges. Any party aggrieved by an action of the City Council In
any such planning and zoning matters was given the right to appeal any action of
the CRY to the Tribal Colnncil, with the Tribal Council having the abnity, following a
noticed hearing. to affirm, reverse, or modify any decision of the City Council on
any matter affecting Indian Trust Lands, with the decision of the Tribal Council
being final, after consideration of the recommendation of the Indian Planning
Commission,as well as applicable federal and tribal law;and
E. WHEREAS, the Land Use Agreement has been amended from time to
time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5, which
would exempt an land acquired by the Tribe from regulation by the City, including:
Application of all laws, ordinances, and codes; application of all fees, including
drainage, sewer, '•iidft;l7nifomt Transportation Mitigation fees, binding and other
fees. The taldog of tide to parcels Into trust by the United States for the Tnbe would
exempt such property from regular City taxes such as property taxes, sales taxes,
transient occupancy taxes, and others;and p{�
I �vl,
F. WHEREAS, the Tribe has generally supported development consistent
with the CiVs General Plan and other ordinances and regulations but has the
authority to adopt Its own-land use plan and porkies:and
G. WHEREAS, the Tribe has commenced a program, when economically
feasible, to reacquire any Trust land which has been sod in fee. To facilitate
Indian development on such Land, the Tribe would like to have an expedited
process for City review and comment on said projects. The Tribe is willIM to
consider such review and comment, if given in a timely manner. The City believes
that the opportunity to provide review and comment, but not approval, of such
projects would be valuable to assure that such projects are Integrated with
surrounding development and to assure that the City's and the Tribe's normal
development standards are maintained Insofar as possible. In addition,both parties
believe that all development throughout the City on both Tribal and non-Tribal land
should make a fair share contribution In exaction,fees or other consideration to pay
for the burdens Imposed by the development on the City or for the benefits received
by the development from the City.
IN CONSIDERATION OF THE FOREGOING,THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. Pre-submittal. Prior to the initiation of a Project on Tribal Land and
Initiation of the process detailed below, the Tribe, where feasible, will consult with
the City to detemhine the scope and significance of the Project and Its appropriate
level of review. This consultation will normally, but not necessarily, be satisfied by a
meeting between the Tribal Planning Department and City Department of Planning
and Building.
2. Submission of Reps. When any new development or substantial
expansion or renovation of a project Is proposed on land located within the
Reservation and has been acquired by the Tribe, at least ninety (90) days prior to
Tribal approval of the project, Including preliminary or schematic design, the Tribe
shall submit to the City a report on the Project CProject Report). As used herein,
Reservation' means base lands whose legal description is set forth in Exhibit A
Hereto. The Project Report shall include a description of the Project, the
preliminary or schematic plans and drawings for the Project, environmental
documents per NEPA, If any, or any equivalent Tribal document, an analysis of the
compatibility of the proposed Project with the City's and the Tribe's development
standards, an analysis of the fiscal impact of the Project and a statement
identifying any manner In which the Project would be exempt from. or not conform
to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The
Tribe shall provide any explanation of any of the foregoing, as they shall deem
reasonable or necessary. The Indian Planning Commission, and other Tribal
bodies,will develop this report in accordance with applicable federal and Tribal law.
The level of detail provided in the Project Report should be as follows: if a minor
project then similar to the level of architectural review,ti major project,tirensi normally similar to the level of detail which would
be required by the City for Planned Development District permIL The determination
of whether a project Is major or minor shall require the agreement of the chief staff
planning official of each party but,in the event of a disagreement,the opinion of the
Tribe's planning official shall govern. It Is the intent of the parties that this process
be undertaken, not at the point at which the land is acquired by the Tribe, but when
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development Is contemplated, and when the development cat be described and its
impacts forecast
3. Admin stra a Review. Upon receipt.of a Project Report, the City
Manager shall distribute the Project Report to appropriate departments, including
Police, Fire, Finance, Public Works, Planning and Building, and such other
departments as the City Manager shall deem relevant, such as Parks and
Recreation,Tourism, Economic Development, and so forth. it shall be the purpose
of this administraM review to determne how well the Project conforms with the
City's existing rules and regulations;any health and safety,or welfare concerns;the
adequacy of police and fire safety services, and other services of the City
necessary for the Project: compatibility of the project with surrounding properties;
and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall
be to determine whether the Project will pay the normal City fees, taxes, charges,
and assessments; to the extent that any of such revenues will not accrue to the
City, what will be the resulting financial impact therefrom; what other direct and
indirect financial impacts, negative or positive, will result and what the overall
economic impact will be of the Project on the City. Within thirty (30) days of the
City Manager's receipt of the Report from the. Tribe, the City-shall prepare the
"Administrative Analysis' of the foregoing information and shall submit the
Administrative Analysis to the City Council for its review and approval.
4. C ty Council Conformity Repo The City Council shall have thirty(30)
days from the submission of the Administrative Analysis to prepare the City
Council's Conformity Report CConfor miry Report'). The Conformity Report shall be
adopted by the City Council at a public meeting. At the same time that the City
Manager submits the Administrative Report to the City Council, a copy of the same
shall be submitted to the Tribe. The Tribe shall have tan (10) days to prepare its
comments on the Administrative Analysis for submission to the City Council to be
considered at the time the City Council determines the Conformity Report. The
Conformity Report shall contain the same subject matter as the Administrative
Analysis.
5. Joint Meeting. Upon the City Councirs adoption of the Conformity
Report, the Project Report shall be immediately submitted to the Tribal Council.
Within thirty(30)days,the Tribal Council and the City Council shall schedule a Joint
Meeting to discuss the Conformity Report and whether any measures should be
taken to make the Project more conforming with the rules, regulations, and
ordinances of both the City and the Tribe.
6. Final Tribal Action. At the Joint Meeting,or following the Joint Meeting,
the Tribal Council may take any action authorized by Its Constitution, Bylaws, rules,
and ordinances concerning the Project. The Tribal Council shall be free to
disregard any or all comments in the Conformity Report or otherwise made by the
City Council and may approve or modify the Project in any way the Tribal Council
deems appropriate. It is expressly understood by the parties hereto that the Tribal
Council retains full and complete sovereignty to administer Tribal lands in
accordance with the Constitution, Bylaws, and Ordinances of the Tribe and
applicable federal law. This Agreement deals solely with the consultation process
In which the City is being given the opportunity to review and comment on certain
projects being undertaken by the Tribe, and the Tribal Council retains full and
complete authority to make final decisions concerning the development of Tribal
Land under Its Constitution and applicable federal and Tribal law.
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7. I elver• Kith the approval of both parties. any purtion of the foregoing
process may be waived if the Project Is not deemed significant; 9 the Project Is
found to be confonning, or If due to the exigencies of Ume the nomral process
cannot be a000mmodaled.
8. Amendments. This Agreement maybe amended by mutual agreement
by the parties, provided that neither party may terminate this Agreement, willigut
prejudice to any legal position thereafter asserted, upon thirty (30) days written.
notice to the other party.
8. Approval This Agreement shag be approved by Resolutions of the
Tribal Council and the City Council.
10. Lands Located Inside Reservation and Owned In Fee by Parties
Other than the Tribe. This Agreement will not affect, alter, Increase, or decrease
In any way the pnisdiction that either the City or the Tribe may have over the use or
development of parcels of land located within the Reservation,which are owned in
fee by parties other than the Tribe. The parties recognize that federal law already
allocates such jurisdiction over such parcels.
11. Lands Located outside Reservation. The parties recognize that
federal law provides to the City notice and an opportunity to express its views on
the subject of the proposed taking of title into trust for the Tribe of parcels located
outside the Reservation but within the city limits of the City in 25 C.F.R. §151.11(d),
as well as Ume in which to challenge such a proposed action before it occurs, In 25
C.R.F. §151.12(b). Otherwise, this Agreement will not affect, alter, Increase, or
decrease in any way the Jurisdiction that either the City or the Tribe may have over
the use or development of such parcels of land.The parties recognize that federal
law already allocates such jurisdiction over such parcels.
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M • f
�.f � € 7�••pF
IN WITNESS WHEREOF, the parties have executed this Agreement
by their respective authorized officers on the day and year first above
written.
CITY OF PALM SPRINGS, CAUFORNIA
a nwniid1pal.corporation
By l�'"""" 'f7+��
Will Kleindienst, Mayor
Attest: Approved as to Prm:
C
JU&dh Sumich, City Clerk Da hire, City Attorney
AGUA CAUENTE BAND OF CAHUIUA INDIANS,
a federally-recognized Indian tribe
prPROvED BYTi•'.
BY RES. NO. J 9y ti7-) 1 -I,._99
�{ 13drf-F}
Y-
;U rd M. Milanovich, Chairman
Approved as to form:
Art Bunce,Tribal Attorney
5
M
RESOLUTION NO. 19701
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PROVIDING A DECISION ON AN APPEAL BY
GEOPETRO LLC,ONTHE REFUSAL OFTHEDEPARTMENTOF
PLANNING AND BUILDING,BUILDINO DIVISION TO GRANT
A BUILDING PERMIT FOR ARCO AM/PM MINI-MARKET
(PHASE ONE,PLANNED DEVELOPMENT DISTRICT 252)UNTIL
THE APPELLANT SUBMITS AN APPLICATION IN
COMPLIANCE WITH ALL CITY ZONING REGULATIONS AND
OTHER CONDITIONS OF APPROVAL,AND ALL APPLICABLE
FEES ARE PAID.
WHEREAS,GeopetroLLC,acompany formed by its n4ority,controlling owner Tribal Member Damon
Prieto,has filed an appeal to the City Council ofthe City ofPahn Springs regarding the refusal ofthe
Building Division ofthe City's Planning and Building Department to issue a building permit for a 3100
square foot mini-market with gasoline pumping facilities on 1.22 acres ofland located on the north side of
Ramon Road,west of Avenida Evelita,M-1 Zone, Section 18; and
WHEREAS,the subject property is within an area where the City Council of the City ofPalm Springs,in
passing Resolution 19430 onDecember 16,1998,approved Tentative Parcel Map 28907andPreliminary
Planned Development District 252,and
WHEREAS,in passing Resolution 19430 onDecember 16,1998 the City Council included as partofthe
resolution Conditions of Approval;and
WHEREAS,the appeal has been filed with the City approximately ten months after City council passage
of Resolution 19430;and
WHEREAS,Section 2.05.040 ofthe Palm Springs Municipal Code states that notice of an appeal of
action taken by an administrative officer or administrative agency ofthe city shall be filed no later than ten
days following the date of the mailing to appellant of notice ofthe action from which the appeal is taken or,
ifthere is no such mailing and/or none is required,no later than fifteen days following the date ofthe action
which is the subject of the appeal;and
WHEREAS,inaccordancewiththeTribalLandUse Appeal Ordinance enactedDecember 12,1978,the
appeal of a decision ofthe City Council must be made to the Tribal Council within ten days from the date
of receipt by an appellant of the written decision of the City Council being appeals; and
WHEREAS,onDecember 15,1999 the City Council held a duly noticed public hearing on said appeal
and received testimony from the applicant and other persons present,and having considered the written
and oral testimony presented at such hearing.
BEIT RESOLVED BYTHE CITY COUNCIL OFTHE CITY OF PALM SPRINGS,AS FOLLOWS:
Section1. That the appeal ofthe decisionbythe Pkruting and BuildingDepartment,Building Division
to refuse to issue a building permit is overruled and the decision stands based on the
following findings:
A. A Building Permit cannot be issued for the following reasons:
R19701
Page 2
1. • A building permit may not be issued until the Final Map isapprovedbythe
City Council and the Final Development Plan is approved by the Planning
Commission; and, in fact,the applicant has not applied for a Final
Development Plan and consequently a Final Development Plan has not
been approved by the Planning Commission or the City Council.
2. The Conditions of Approval required to be complied with prior to
issuance of a Building Permit have not been met.
3. City Staff have advised the applicant both verbally and in writing on
January28,1999;March3,1999;and May4,1999 ofdeficiencies in the
application for a building permit and the applicant has not submitted
materials to address these deficiencies.
4. The applicant failed to appeal the Tentative Parcel Map and Preliminary
PbnnedDevelopmentDistnctm dthe=rmce ofanybuildmgpemuttmust
be consistent with these approvals.
B. On its merits the City Council does not have the authority to,nor does it
think it appropriate to waive the Transportation Uniform Mitigation Fee
(TUMF) which was passed on November 8, 1989 by the voters of
Riverside County(Measure"A")for the following reasons:
1. TUMF is derived based on the anticipated impact a proposed
development will have on the regional transportation system.
2. The CitycrollectsTUMFinaumfonn and equitable mannerconsistm1with
guidelines included in Measure A and provided by Coachella Valley
Association of Governments(CVAG).
3. CVAG has provisions for a formal appeal of TUMF.
4. TUMF and Measure "A" funds are utilized to address regional
transportation needs.
5. Transportation improvements funded with TUMF have benefittedboth
Indian owned lands and non-Indian owned lands.
6. Failure to collect TUMF in a uniform and equitable manner could
jeopardize the City's receipt of Measure"A"funds.
Section 2: That the City Council will reconsider the issues raised here ifthe applicant submits an
amended Prelimmmy Planned Development addressing the conditions the applicant wishes
to change along with aFinal Planned Development District consistent therewith to the
Planning Commission.
Section 3: That the applicant is advised to pursue relieffrom the TUMF requirement through the
CVAG adminisharive process with the understanding that the applicant will be relieved of
the condition if so relieved by CVAG;that the Council directs the City Manager to
propose a measure to CVAG onbehalfofthe Cityproviding that any city berelieved of
R19701
Page 3
its TUMF obligation with respect to any proj ect where a sovereign governing entity such
as an Indian Tribe determines that a development project on reservation land is exempt
from the payment of TUMF;that the City Manager shall bring this matter to the attention
of the Tribal Council and shall seek the Council's support concerning CVAG's
consideration of this matter.
Section4: That the City Clerk is instructed to mail a copy ofthis resolution to the appellant along with
information concerning the formal appeal of TUMF to CVAG.
Adopted this. 5 day of December• 1999.
Ayes: Kleindienst,Jones,Hodges,Oden,Reller-Spurgin
Noes: None
Absent:None
Abstain:None
Attest:
CITY OF PALM SPRINGS
By
City Merger City Clerk
REVIEWED AND APPROVED AS TO FORM: