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HomeMy WebLinkAbout2006-09-06 STAFF REPORTS 1D 09-12-2009 09:43am From-DESERT WATER AGENCY 760-325-6505 T-742 P.001/002 F-147 DESERT♦WATER, -c ` �r- r, OftcL c�'~ + 2 J'li � 1200 Gene Autry Trail South CITY P-O. Box 1710 Palm Springs, CA 92263-1710 Phone: (760) 323-4971 Fax: (760) 325-6505 TO: City of Palm Springs DATE: 09/12/06 ATTN: James Thompson FAX#: 760 322-8332 FROM: David K. Luker TIME: NUMBr=R OF PAGES SENT (excluding cover sheet): 1 [7f Please review and respond [] For your information [] Far your files 0 Per your request Call to confirm receipt Call if you have questions Please sign and return Please revise and return For your approval REMARKS OR INSTRUCTIONS: RE: ZONING ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ENVIRONMENTALLY SENSITIVE AREAS INCLUDING THE CHINO CONE Desert Water Agency's response to your Notice of Public Hearing follows. If there are any complications in receiving this fax, please call our office immediately- Our number is (760)323-4971. Contact Janis, extension 114, D 9�0�✓,�2o a� 09-12-2006 09:43am From-DESERT WATER AGENCY F60-325-6505 T-742 PA92/002 F-147 FYhomas K,elEy III I]eSerL Water Agency Ronald C 5v_rcs r �_� '-'• c ; � 1200 Gene Autry T5 aii South Vice Pres'denc DESERT p'T,'�'��►�` ', `'('''�`L l i S` R R.C.Box 1710 F,Giller Boyd)r JJ ES L l�l 1 Vrd ,.I r�,i Palm Springs,CA 92263.1710 Secretary/Tremurer I i L i"41 .:• UCJ 'IAlephone 760222-4971 wPram"6d1"Byrne Fax 760 325.6505 Pamicis C3 oygar ...7 1 it v r' r'J�. C I f Y 0 L is ; www dwaorg David K.Luker General Manager Chef Fnginaar Belt Beg&Krrngcr Genera{CBpnscl Kneyar&$Tem,.rt Consulting Engindcr: September 12, 2006 James Thompson, City Clerk VIA FACSIMILE: (760) 322-8332 CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 RE: ZONING ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ENVIRONMENTALLY SENSITIVE AREAS INCLUDING THE CHINO CONE AREA Dear Mr. Thompson: We received your Notice of Public Hearing on subject environmentally sensitive areas in the Chino Cone Area. This letter is to advise you that the Desert Water Agency has, in its current General Plan, at least four reservoir sites planned for the Chino Cone Area. The reservoir sites will also include connecting transmission pipelines and booster stations. The map provided in the Public Notice does not supply enough detail to indicate which areas are affected by the City's proposed designations, Please furnish a more detailed map of the Chino Cone Area which reflects the areas affected by the City's proposed actions. Sincerely, DESERT WATER AGEN David K. Luker General Manger-Chief Engineer DKWilt Chino Canyon Preservation Strategy Developed by Friends of Palin Springs Mountains and Riverside Land Conservancy Palm Springs is blessed with an easily recognizable and incredibly distinct gateway to the City. Both Snow Creek and Chino Canyon are very unique natural landscapes with the rugged mountain backdrop, sweeping desert landscapes, and stunning vistas. The area is the only location in North.America and only one of three in the world with such an abrupt transition from the desert floor to the alpine peak of Mount San Jacinto. It's the close proximity of the mountains and deserts that make Palm Springs so special. Throughout time, the mountains provided Native Americans with water, food and shelter. Today,Palm Springs still enjoys gifts from the mountain including water, shelter, late afternoon shade, and a spectacular scenic backdrop. Of course, for those in the know, it's the canyons that are the special focal points of the mountain-desert relationship. They are so special, in fact, that most of them are now in protected ownership. Snow Creek Canyon and especially Chino Canyon are still largely unprotected. Palm Springs is in the process of determining the fate of these magnificent resources as it moves to adopt a Zoning Ordinance over the area and to update its General Plan. In ' response to these efforts Friends of Palm Springs Mountains retained the Riverside Land Conservancy to work with a consortium of local groups to determine potential strategies for preserving these values. The groups have been actively and effectively working together to find solutions for the Snow Creek and Chino Canyon planning areas that will meet the needs and benefits desired by the environmental community, landowners, developers, and the City. Our consortium believes that Palm Springs' current efforts afford an opportunity to create a community asset of both natural and economic value to the community. By preserving and enhancing the natural, aesthetic, viewshed, and recreation values of this special resource, the community can then utilize these values to create a local treasure. This treasure can draw additional new visitors, serve the local community, and create economic returns for the City and landowners. The following paper outlines the group's goals, objectives and recommendations. The primary goal is to preserve the natural values of Snow Creek and Chino Canyon, as well as their aesthetic, viewshed, and recreation values. The secondary companion goal for Chino Canyon is to create complimentary development and viable economic units that attract visitors, support the needs of the City, and provide a return for the landowners. We believe that by working together with all interested parties, a win-win, peaceful resolution can be created for all of these stakeholders. O9eb4,9x60dp 1 -, ,u 1. What presently exists in the Canyons' natural environment already draws visitors from throughout the world, but we have the opportunity to make it so much more. Imagine the world class destination location the Chino Canyon would become if the City, i environmentalists, and developers worked together to create a variety of visitor-serving attractions. Imagine together finding ways to implement hikiug,biking, and walking trails, to display local artists, to house an art school or an environmental education center, to host an outdoor music venue, or to support a University-level research center on ecology and natural sciences_ The Palm Springs Tram attracts approximately 400,000 riders per year, but there are numerous companion attractions that are possible throughout the Chino Canyon area. These can take advantage of the existing draw, but provide more to do, expanding both the attraction values as well as the length of stay. Some of the elements we visualize include establishing a hiking and biking trail system and developing a world-class visitor and interpretive center. Other ideas include locating development in already disturbed portions of the area and establishing strict development guidelines which preserve natural, aesthetic, viewshed, and recreation values. We believe that meeting these goals will require some acquisition funding, but that most can be achieved by working with the guidelines researched and recommended by city staff. We believe that portions of their work provide a useful initial framework. Some of the useful ideas in the proposed ordinance include the density transfer idea and the 80% open space retention requirement. However, the ordinance as currently proposed has some shortcomings that need to be addressed. Some of the shortcomings include the need for an overall concept or vision for the entire area, the need for one Specific Plan over the entire Reservation section, protection of the viewshed as one drives up the Tramway road, and stimulus to create a visitor center, trails, and other amenities that would make the Chino Canyon a true community asset with long-term economic return. Our specific recommendations are broken down by clusters of the City's Planning Areas, which we call Zones. Within each of the four Zones we propose, we have identified a zone objective and a list of initial steps to achieve the objective through, acquisition, planning, and implementation strategies. Zone 1: Arrival Zone— (Snow Creek/Planning Area 9) Sonny Bono used to say that he felt he arrived home to Palm Springs when he turned off Interstate 10 onto Highway I I I and saw the magnificent vistas of Mount San Jacinto and Snow Creek. The natural and scenic values of this'area are recognized by their inclusion within the boundaries of both the Santa Rosa and San Jacinto Mountains National Monument and the proposed Coachella Valley Multi-Species Habitat Conservation Plan (MSHCP). Both the National Monument and the MSHCP propose preservation of the entire Snow Creek area and we propose that the City support these plans as well. 2 ? t Acquisition Strategies - Work with private landowners to seek willingness to sell and/or donate. - Work with Congresswoman Bono and local Legislators to obtain State Bond and Federal BLM funding. .Planning Strategies Clearly state no density credits on hillsides and in flood plain areas. Remaining 240 acres density at 1 unit per acre. Maintain open space percentage requirement of 80%. Amenity Development Explore potentials for a multiple destination irailhead including a connection to the Pacific Crest Trail and to the Palm Oasis within Planning Area 9. Explore with Desert Water Agency the potential for trails and docent led hikes to the waterfalls in Falls Creek. Zone 2: Entry Zone—(Planning Areas 6,7, 8) This area is most visible from Highway 111, providing a view of the mountain, Ship Rock, the spectacular vistas up the Chino Cone and the entry into the City proper. The objective for this zone is to preserve most of the region in a natural state. We believe that Planning Area 8 could be a possible location for a new College of the Desert campus. The natural desert surroundings and stark mountain backdrop would provide a striking gateway feature to the City. Acquisition Strategy - Explore exchange of City's —2,500 acres of open space properties within the Santa Rosa and San Jacinto Mountain National Monument for the —120-acres owned by BLM on the northern-most developed edge of Palm Springs adjacent to the Mountain Gate development. This area had been previously identified as a possible College of the Desert campus. Planning Strategies - Transfer density from Planning Areas 6, 7, and 8 to former BLM parcel. Amenity Development Explore with the College of the Desert the possibility of developing a west valley campus on a portion of Planning Area 8. Develop a natural park and trailhead adjacent to Ship Rock. 3 Zone 3. Open SI)ace/Conseryation Zone— (planning areas 1,2 and portions of 3) The Open Space/Conseivation zone is the primary resource area of the Chino Canyon. It includes the upper oasis, the riparian stream area, the Big Horn Sheep Crossing corridors, the massive boulder fields, and the viewshed as one travels up to the Tramway Valley Station. The goal for this area is natural value preservation as well as utilization for trails and interpretation for the enjoyment and pleasure of both visitors and local residents. The implementation objective is to include this area in the National Monument and/or a new State Park unit. Acquisition Strategies Explore the potential of special legislation to create a new State Park unit in this Zone. Partial acquisition and partial transfer of Shadow Rock development. Explore the potential of special legislation to allow transfer of Tribal Lands (and other lands the Tribe might acquire) in lieu of payment to the State for Tribal gaming compact. Planning Strategies Allow density transfer up canyon to already disturbed land occupied by Tramway parking lots Amenity Development .Explore shuttle service to the Tramway Valley Station from downtown hotels as well as a Visitor Center and/or Natural history Museum within the proposed Development Zone Trailheads with equestrian,hiking and mountain biking trails Interpretive trails Zone 4: Development Zone—(planning areas 3,4,5 and 5-A) The Development Zone is the interface between the City and the proposed open space area. The goal would be to include in-fill housing as well as visitor-serving commercial and lodging. Major amenities, such as a visitor center, natural history museum, music and event venue, an art school, art studios, and a University level natural reserve center should be studied for possible location within this zone. These types of amenities will add value to Palm Springs as well as the preserved open space. Acquisition Strategies - Through density clustering. Planning Strategies - Explore clustering lodging and commercial development on previously disturbed Tramway lower parking lots in conjunction with development of value-adding amenities- 4 F d Cluster residential and lodging development on the southerly side of Tram Road in the southeast corner of Planning Area 4 from easterly '/2 of Planning Area 3. Cluster lodging and commercial in Planning Area 5 in conjunction with value-adding amenities_ Amenity Development - Explore the potential for expanding the present visitor center to include greater visitor information and interpretive materials regarding all visitor ,features in and around the City. - Explore the potential of combining the visitor center with a National Monument Visitor Center and companion museum. - Explore the potential of combining the Natural History Museum proposed by La Sierra University with visitor-serving facilities in Planning Area 3 or 5- - Explore with the Palm Springs Tramway the potential to develop amenities and lodging in combination with the Valley Station. In summary, we recommend that the Palm Springs City Council: 1. Adopt the above open space vision overlay to the proposed Zoning Ordinance in order to guide its implementation. 2. Refer open space vision overlay to the General Plan Committee fox inclusion in the City's General Plan, and; 3. Request staff to explore the various acquisition and amenity development concepts outlined above in order to implement the open space vision. 4. Conduct a Council study session regarding acquisition and amenity implementation strategies S. Adopt the attached specific recommendations to the proposed Zoning Ordinance. 5 RECOMMENDATIONS & REFINEMENTS CHINO CONE ORDINANCE 1 . The conservation vision shoWd be adopted as an overlay to the ordinance in order to give immediate guidance to development within the area. It should also be referred to the General Plan Update Committee for incorporation into the city's General Plan. 2. The proposed 1 unit/acre density within planning area 9 should be limited to the 240 acres of buildable land. 3. Permitted uses within planning area 8 should include a satellite campus for the College of the Desert 4. Permitted uses within planning area 5 should include a National Monument visitor center and natural history museum and the flexibility to expand the commercial sub-area to include the entire planning area. 5. A single Specific Plan should be required for both planning areas 3 and 4 prior to any processing of individual developments. 6. Density should be permitted to be transferred into planning area 1 , provided it is within existing disturbed lands. Permitted uses should focus on tramway oriented and visitor serving uses. 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I� � rD ',�' ', .YIIAY�� .'r.l'•� F AI �� Ir .,,' ,� f'��r''k�,� '� .y . PW u+rh I 1.; Summary • Adopt Specific Recommendations to the Zoning Ordinance • Refer Vision Overlay to General Plan Committee for Consideration in Update Process • Conduct a Council Study Session Regarding Acquisition & Amenity Implementation Strategies ti Y` :4 - 1MIp � •� 1 '�•''r-Y'�1 .�. V •vim it ��' it i'� rli -- Jay Thompson From: roxann ploss [riplass@dc-rr.com] SEP ["I i Sent: Wednesday, September 06, 2005 11:51 AM To: Jay Thompson; David ready; ron oden, ginny foat; steve pougnet; chris mills; Mi aei/tvc��I,loch Subject: Fw: Chino Cone I Nas asked to send this on for one of my neighbors because he had them all returned as "undeliverable". roxann ----- Original Message ----- From: Ron Siegel To: Steve Pouonet; Ron Oden ; Mike McCulloch ; Ginny Foat ; Chns Mills " Sent„ Tuesday, September 05, 2006 4:37 PM " Subject: Chino Cone i Palm Springs City Council I will not be able to attend the City Council meeting on Sept. 6th because I will be out of the country. But I wanted you to know that I am completely opposed to the devepment of the Chino Cone area- Please do not permit the proposed development of 1700 units. Building on the cone will not preserve it, it will destroy our ability to see the natural features of the landscape and with 1700 units the landscape will be almost totally covered- In my opinion construction should occupy no more than 25 percent of the property to assure its majesty- Very truly yours Ron Siegel 695 E. Chia Rd Palm Springs oa �af�( 2ov � M 0F3A-) 9/6/2006 Palau Springs 411L September 6, 2006 ' Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mayor and City Council Members: In October 2005, a Palm Springs Economic Development Corporation's subcommittee began review of the Citizen's Task Force documents regarding the Chino Cone. Subsequently several recommendations were made to the Citizen's Task Force representing our organizational views, and although not all our recommendations were included in the final draft, we recognized that given the differing opinions in the City on this subject appropriate compromises must be made. We note that the proposed plan seeks to balance several competing interests by: 1) Greatly reducing the proposed densities as compared to the current General Plan, 2) Preserving major view corridors from Highway 111 into the China Cone, and 3) Preserving the rights of property owners to develop their property. ,As such, we believe that the ordinance put before you tonight is a fair and balanced solution for landowners and the City of Palm Springs. It is our recommendation that the Palm Springs City Council approve the ordinance as it is currently structured. Thank you. Sincerely, Ed Torres President, PSEDC Og�b��Z�Ob Post Office Box 3205, Palm Springs, CA 92263I 760-325.16251 Fax: 760-325-6117 ORDINANCE NO. AN ORDINANCE OF THE CITY OP PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92,21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE. City Attorney's Summary This Ordinance creates a new zone district, the Environmentally Sensitive Area Specific Plan zone (ESA-SP), for the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies of the City's General Plan. This Ordinance provides that the ESA-SP zone will be divided into Planning Areas as indicated on the Zoning Map. The ESA-SP zone will include the Chino Cone and the North Palm Canyon Drive north entry corridor upon adoption of the Ordinance. Other environmentally sensitive areas can be added by the City Council from time to time. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. The provisions of the ESA-SP zone will supersede any conflicting provisions of the Palm Springs Zoning Code and are required to be liberally construed to effectuate their purposes. The City Council of the City of Palm Springs ordains: SECTION 1 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by adding the following definitions: "City Manager' means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Ranchette" means a single family dwelling on a large lot, including land under open space or limited development easement or covenant. "Receiving Site" means a site which receives density pursuant to the provisions of this Code. 1 � � fi to � , "Sending Site" means a site which has received a certification by the Director of Planning Services of density eligible for transfer to another site pursuant to the provisions of this Code. SECTION 2 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by amending the following definitions: "Zoning Code" or "Zoning ordinance" or "Code" means the Zoning Code of the City of Palm Springs as described in Section 91,00,00 of the Zoning Code. SECTION 3. Section 9221.1.00 is added to the Palm Springs Zoning Code to read: 92.21.1.00 "ESA-SP" Environmentally Sensitive Area Specific Plan Zone A. The ESA-SP zone is intended to provide for the development of environmentally sensitive areas of the City in a manner that will preserve the open, rural character of these areas while allowing development of ranchettes and clustered single-and multiple family or resort projects. 8, The purpose of the zone is to facilitate the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies in Section 92.21.1.05 of this Code. C. The ESA-SP zone is divided into Planning Areas, as indicated on the Zoning Map. The ESA-SP zone includes the Chino Cone, North Palm Canyon Drive north entry corridor, and other areas which the City Council may designate from time to time by ordinance. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. D. The provisions of the ESA-SP zone shall supersede any conflicting provisions of the Palm Springs Zoning Code. The regulations in this Section and 92.21.1.01 through 92.21.1.07 inclusive shall apply to those areas designated "ESA-SP" on the Zoning Map and shall be liberally construed to effectuate their purposes. Specifically, the provisions of Section 94,03.00 (Planned Development District— PD) shall not be used to increase the density or intensity of development or modify design standards beyond that expressly permitted under the ESA-SP Zone or an applicable Specific Plan. SECTION 4. Section 92.21.1 01 is added to the Palm Springs Zoning Code to read: 92.21.1.01 Uses Permitted A. Uses Permitted in All Planning Areas 2 1. Single-family dwellings, not to exceed one (1) unit per forty(40) net acres, excluding for density calculation purposes all lands with slopes in excess of thirty percent(30%) or within established flood zones. 2. Accessory buildings and uses customarily incidental to the permitted use when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. Servants quarters, guest houses and accessory living quarters may be erected in detached structures but shall not be provided with kitchen arrangements or other provisions for meal preparation. 3. Home occupations subject to the provisions of Chapter 521 of the Palm Springs Municipal Code. B. Uses Permitted by Specific Plan in all Planning Areas The following uses may be permitted in all Planning Areas, subject to enactment of a Specific Plan by California Government Code Section 65450 et seq., as amended: 1. Single-family dwellings 2. Multiple-family residential, 3. Public parks, recreational areas, and open space, but not to include places of assembly except as othenvis_e permitted in this Chapter; 4. Resort hotels, hotels, condominiums, time-shares, including incidental or accessory commercial uses operated primarily for the convenience of residents and guests 5. Nature centers, museums and other facilities that interpret and support the natural environment 6. Accessory structures and uses customarily incidental to the above uses, located on the same lot therewith, and designed as an integral part of any residential or hotel facility, including: a. Athletic, sport and recreation clubs; b. Country clubs, golf courses driving ranges, tennis and swimming facilities, c. Restaurants, not including drive-in, drive-through or fast-food establishments; 3 d. Spas, subject to compliance with Chapter 5,34 of the Municipal Code. C. Uses Permitted by Specific Plan in Planning Area 5A In addition to the uses specified in Section 13, above, the following uses may be permitted in Planning Area 5A, subject to enactment of a Specific Plan by California Government Code Section 65450 et seq., as amended: 1. Tourist-serving commercial activities, including retail goods and services primarily oriented to the traveler, including restaurants and entertainment. Community-oriented retail, such as a shopping center anchored by a grocery storejsnotRe�rmitted for this site. Deleted,intended SECTION 5. Section 92.21.1.02 is added to the Palm Springs Zoning Code to read: 92.21,1.02 Uses Prohibited All uses and structures not permitted in Section 92.21.1.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by Commission determination. A. Commercial uses, excepting those otherwise provided for herein B. Industrial Uses C. Institutional Uses D. Mobile Home Parks E. Equestrian Facilities F. Recreational Vehicle Parks SECTION 6. Section 92.21-1.03 is added to the Palm Springs Zoning Code to read: 92.21.1.03 Property Development Standards—Permitted Uses The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01.A, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. A. Density 4 The allowable density shall be one dwelling unit per forty (40) acres. B. Lot Area Each lot shall have a minimum net lot area of twenty (20) acres. C. Lot Dimensions All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards. 1. Each lot shall have a minimum width of five hundred (500)feet; 2. Each lot shall have a minimum depth of five hundred (500)feet. D. Building Height 1. Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The total height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure, shall not exceed twenty-five(25)feet. E. Yards 1. General provisions. a. The provisions of Section 92.01,00 shall apply. 2. Front Yard a. There shall be a front yard of not less than fifty(50) feet. 3. Side Yard. a. Each lot shall have a side yard on each side of not less than fifty(50) feet. 4. Rear Yard. a. Each lot shall have a rear yard of not less than fifty (50)feet. F. Distance Between Buildings. 5 The minimum distance between buildings shall be fifteen (15) feet except as otherwise provided in this section- G. Walls, Fences and Landscaping. The provisions of Sections 93,02.00 and 94.21.1.06.F.3 shall apply, except that no more than one(1)acre of land per lot shall be enclosed by any wall or fence. H. Access. The provisions of Section 93.05.00 shall apply. I. Off-street Parking. The provisions of Section 93,06.00 shall apply. J. Design Standards All development shall be designed to comply with the Design Standards for the Environmentally Sensitive Areas, Section 94.21.1.05 of this Code. SECTION 7. Section 92.21,1.04 is added to the Palm Springs Zoning Code to read: 92.21.1.04 Property Development Standards—Uses Subject to a Specific Plan The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 9221.1.01.13. A. Requirement for Area-wide Specific Plan A Specific Plan submitted under this ordinance shall include not less than an entire Planning Area, except Planning Area 3, A Specific Plan submitted for Planning Area 3 shall include not less than ten (10) acres. Minor adjustments to Planning Area boundaries may be allowed. 8, Density and Open Space 1. The following dwelling unit densities and requirements for open space are established for the Planning Areas within the ESA-SP. For purposes of calculating densities of hotels and other tourist accommodations, a hotel room or similar unit shall count as 0,70 of a residential dwelling unit: 6 Planning Maximum Allowed Minimum Requurod Open Minimum Required Open Maximum Floor Area Area Dens it Spam-AIIForms S ace-Undevele ed 1 Go to Base Zone(One DU/40 Acres) 2 2 DU/Acre 72%of Protect Area 35%of Project Area 0,000 SF/DU 3 Tripe Specific Plan 4 2 DU/Acre 72%of Project Area 35/ 6.000 SF/DU 5 6 DU/Acre 72% " 35% " 2,000 SF/DU 5A 0.25 Floor Area Ratio Not Applicable Not Applicable Not Applicable 6 15 DU/Acre 79%of project Area 40%of Project Area 6,000 SF/DU 7 Go to Base Zone(One DU/40 Acres) 5 2 DU/Acre 72%of Project Area 35% " 6,000 SF/DU 9 1 DU/Acre 81% " 40% " 8,000 SF/DU 2. Undeveloped open space shall exclude all lands with slopes in excess of thirty percent (30%) above the toe of slope, and shall be limited to natural and renaturalized land, and hiking trails. Dedication for public access shall be Provided to undeveloped open space 3. Floor area shall include all enclosed and covered structures, including all habitable space, garages and carports, solid roofed patios, porte cocheres and other solid roofed accessory buildings and structures. Open, uncovered patios, driveways, walkways, water and landscaping features shall not be included. 4. Remaining open space may include roads and other paved accessways, recreational facilities, golf courses, landscaping, water features and other uncovered features. 5. In all Planning Areas other than Planning Area 5A, commercial uses shall not exceed 15% of the total floor area of the development (including all residential and hotel units). For purposes of calculating commercial density, all leasable commercial space shall be counted, including retail, restaurants, pro shops and convention space Common facilities, such as lobbies, rest rooms, general service areas and management offices shall not be included. 6. In Planning Area 5A, total enclosed building area shall not exceed a Floor Area Ratio of 0.25.C. 7, In Planning Area 9 lands within the floodplain and lands exceeding 30% slope shall be excluded from the density calculation It is expected that remaining land available for calculation of density is approximately 244 acres. 7 C_Building Height Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The maximum height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure shall not exceed twenty-five (25)feet. For all buildings, the maximum allowed height shall be as established by the applicable adopted Specific Plan. D. Lot Area, Lot Dimensions, Yards, and Distance Between Buildings Development standards shall be as established by the applicable adopted Specific Plan- E. Walls, Fences, and Landscaping. The provisions of Sections 93.02,00 and 94.21.105.H.3 shall apply. Development standards for walls, fences, and landscaping shall be as established by the applicable adopted Specific Plan. F Access. The provisions of Section 93.05.00 shall apply, except as may be modified by the applicable adopted Specific Plan. G. Off-street Parking. The provisions of Section 93.06.00 shall apply, except as may be modified by the applicable adapted Specific Plan. H. Design Standards All development shall be designed to comply with the Design Standards for Environmentally Sensitive Areas, Section 94.21.1.05 of this Code. SECTION a. Section 94.21.1.05 is added to the Palm Springs Zoning Code to read: 94.21.1.05 Design Standards. The purpose of the ESA-SP zone is to protect environmentally sensitive lands by establishing standards for the design, construction, operation, and maintenance of development projects. The design and preparation of the site shall have as their first 8 objective the minimal disturbance of the underlying landforms, site topography, and surface environment of the affected Planning Area. Any proposed project shall introduce development which appears and functions as an integral part of the site's natural environment. To protect environmentally sensitive land, all development projects within any Planning Area shall be subject to a design review process with the following components A. Environmental Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, an environmental analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all major and minor environmental conditions on the subject site and maior environmental conditions in the surrounding area, including lands within 500 feet of the site, with the surrounding area subject to final determination by the Director of Planning Services. At a minimum, the analysis shall identify and describe the following subjects: 1. Geologic Conditions 2, Cultural Resources 3. Topographic Conditions 4, Unique Rock Formations and Mineral Deposits 5. Drainage Patterns and Local Watershed Boundaries 6. Minor and Major Water Channels 7. Significant Landscape Features, Oases, etc. 8. Flora and Fauna 9, Non-native Plant Species 10, Significant Animal Species 11. Prior Development History 12. Existing Development A plan for the removal or other treatment of boulders shall be prepared as part of the Specific Plan and evaluated in the associated Environmental Impact Report. The analysis provides the basis for project site planning, and the applicant shall design and locate proposed development to minimize impacts on environmental conditions- 9 B. View Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, a view analysis shall be prepared and submitted to the City. The analysis shall include a map, photos and text which identify views of the project site from the North Palm Canyon Drive, Tram Way and other viewpoints, with the actual viewpoints subject to final determination by the Director of Planning Services. At a minimum, the analysis shall address the following related to the selected viewpoints: 1. Areas of the subject site which are visible, 2. Areas of the site which may be screened or otherwise oriented so as not to be visible; 3. Potential building envelopes (volumes) that would not be visible; k. Strategies for maintaining existing screening features; S. Strategies for implementing and maintaining proposed screening features. A three-dimensional graphic representation of final build-out shall be required as part any Specific Plan application, including scale model, computer simulation or similar presentation. All proposed grading. includincl roads and parking lots: and all structures, including habitable and non-habitable buildings, storage tanks, and ,all walls shall be - onemd:retaining shown. The analysis provides the basis for establishing the locations and heights of structures and other support features, and the applicant shall locate proposed development to minimize off-site views of the project. C. Trails Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit, a trails analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all existing trails and all proposed trails within the project area. Existing trails shall include public trails established by dedication of easement or similar conveyance and trails established by use. D. Mandatory Standards The following standards shall apply to all development in Environmentally Sensitive Areas and shall not be modified by any Specific Plan. 10 1. Mass grading to create large, single-level flat pads is prohibited. 2. Pad heights are not significantly raised beyond the natural topography. Anv pad height more than 2 feet above natural topography may_be deemed significant. 3. The Master Plan of Drainage shall be implemented. 4. Retention basins are prohibited where a sufficient Master Plan of Drainage has been im lemented. Street and site plan layout shall follow natural terrain. Deleted.No retention basins am allowed. 5. Streets and paving areas are paved with decorative or colored concrete or pavers to match color of existing terrain. Asphaltic concrete shall not be allowed. 6. No street lighting is allowed. 7. Vegetation removed for utility construction or maintenance is replaced with appropriate landscaped areas. 8. All,}rtility_lines are located underground-except screeni from_public view- Deleted:ummes in a manner that represents natural desert landscaping may be allowed when oemced: or undergrounding is not feasible. Deleted:ed 9. All water lines located in public or private street rights-of-way are located within the pavement sections. 10, Water lines located outside of rights-of-way require waterline easements. 11, Any visible portion of a water storage facility has an exterior color to match surrounding native stone� soilcolororbackdrop................... Deleted:,rock 12. Location and design of water storage facilities are coordinated in advance with the Desert Water Agency. 13, Water tanks are not located on slopes greater than 3:1. 14. All wastewater lines, including force mains, located in public or private street rights-of-way are located within the pavement sections. 16, Wastewater lines located outside of rights-of-way require sewer line easements that include full vehicular and equipment access. 16. All exterior colors, materials and finishes blend with the color and texture of surrounding stone pr soil. Deleted:, - Deleted:rock 11 17, Reflective building materials are not used. Solar panels shall be non- reflective. 18, The forms of buildings, structures and other improvements are not repetitive, but respect and interpret the forms of the surrounding landscape and present a custom design appearance. 19. Stepped elevations and floor levels are used to avoid massive building forms and wall surfaces. 20. All exterior mechanical equipment is screened with material that complements the surrounding structures and environment. 21. Project gates if proposed shall be limited to vehicular access control only. 22, Project signage shall be designed to blend with the natural environment. 22, No curbs shall be allowed. 23, At least one nature interpretive center in each Plannino Area shall be provided as part of the development of the public trails system if applicable. E. Site Preparation The design and preparation of the site shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone and adjacent areas, and the introduction of development which appears and functions as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled. 1. Guiding Principles: Grading a. New development is designed to follow existing slopes and contours. b. Cut-and-fill techniques to create flat development pads is avoided. c. Slopes do not exceed 1 �/2 to 1. d. Retaining walls are limited to: 1. Retaining walls that are part of a building foundation; 12 2. Transition retaining walls taper from a maximum height of five(5) feet with,p maximum overall length of twenty-five(25) Deleted:an W~"� feet. 3. Walls are screened with boulders or other Jmaterials as oeietea:eaa� ea approved bV the Specific Plan. e, Retaining elements composed of boulders, berms or other non- manufactured materials provide variation in form and a natural appearance. 2. Guiding Principles: Drainage a. Project drainage follows best practices, while maintaining the natural run-off and channel characteristics. b. Development preserves existing drainage patterns natural streams oneted:dom nm adve..Iy lmped and local watershed boundaries. c. Drainage volumes in existing channels are not increased over natural levels. d. Sedimentation characteristics of existing drainage channels are maintained. e. Natural, non-manufactured materials are used to assure the stability of drainage channels. f. The natural vegetation density and diversity of existing channels are maintained. g. No ponding of water occurs above cut or fill slopes. h. Surface drainage interceptors are provided at the top of cut or fill slopes to prevent erosion of slopes and graded areas. i. All erosion control, and surface and sub-surface drainage facilities are designed to provide stable and long-term erosion protection. j. Manufactured drainage facilities are covered or screened with boulders and other materials to produce a natural appearance. F. Street Design The design and placement of street and roads shall have as their objective- The appearance of streets and roads as long strips of pavement crossing natural slopes and 13 contours shall be minimized, and their design and construction shall minimize intrusions into local natural conditions. The following principles describe how the objectives for street design would be fulfilled. 1. Guiding Principles: Location of Streets and Roads a. Streets do not divert or block primary historical drainage patterns. b. The vertical profile of streets are aligned to closely match the existing natural terrain, Deleted: to preservo and plr a (historical drainage panemu C. Habitat connections and view corridors are not interrupted by streets. • d. Curvilinear alignments and gently rolling profiles are consistent with site topography. Excavations and embankments are limited to the greatest extent possible e. Street alignments are located to avoid stands of vegetation, rock outcroppings and other significant natural features. 2. Street and Parking Design a. Minimum public street widths are 22 feet with no on-street parking. Off-street guest parking is located and provided in sufficient numbers to support the project. b. Road shoulders widths are composed of crushed native rock. Additional width may be required to accommodate drainage swales j or, where necessary, concrete gutters. Drainage swales shall be composed of large stones and native soil. _ Street intersections are not located within the alignment and Fd Improved shoulders am flood lain of moor or minor water channels nor within boulder of large stones or mks p native lopsoil.¶ clusters or other sensitive environmental features. J. Shoulder slopes match pavement cross slope where roadway cross-slopes are used to control drainage. e. Maximum slope gradients within 10 feet of the roadway edge do not exceed 4:1 for fill slopes and 3.1 for cut slopes. f. Maximum height of cut and fill slopes, including any retaining walls, is 8 feet. Retaining walls are the minimum height necessary to meet this standard. 14 g. Roadway slopes do not create a continuous wall or cut / fill condition, but vary in height and present an undulating appearance consistent with the natural slope. h. Slopes are rounded to blend into the existing terrain to produce a contoured transition. i. Street design accommodates stormwater runoff, as required by a Hydrology Study approved by the City Engineer. When used, concrete closely matches adjacent paving materials. Standard grey concrete material shall not be allowed. j. Street design not meeting public street standards for sections, widths, materials or other factors may be required to be constructed and maintained as private streets. All streets on the Chino Cone are recommended to be private, except collector streets, as indicated in the Specific Plan. 3. Sidewalks a. No sidewalks are allowed, except only as may be required to conform to state and federal accessibility requirements. Accessible pathways shall be paved with decorative or colored concrete, i pavers, or other approved materials. G. Utilities The location and installation of utilities shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone, and the introduction of services and utilities which appear as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled. 1. Guiding Principles: General Criteria for Utilities a. Utilities are located to minimize any degradation to the key natural features identified on the Environmental Analysis. b. Utility crossings do not obstruct or constrict drainage courses. C. Utility corridors requiring frequent maintenance are not located within significant riparian, vista or habitat corridors. 15 a 2. Guiding Principles: Water Distribution tines a. Water meters are located adjacent to driveways and shall minimize impacts on environmental conditions. b. Water lines only cross water channels within street rights-of-way. 3. Guiding Principles: Water Storage Facilities a. Water storage facilities minimize impacts on the surrounding environment. .- Deleted:Tanks are not located on 4. Guiding Principles: Wastewater Collection tines r - - - - --- "-" slopes greater than 3:1.. ¶ a. Wastewater lines avoid side or rear yard areas and cut or fill ' slopes. t b. Wastewater lines are not located within areas subject to inundation by a 1 DD-year storm flow, unless approved by the Director of Public Works. C. Wastewater lines only cross water channels within street rights-of- way, and only when no other viable solution is available. 5. Guiding Principles: Other utilities I a. All utility lines are located within public or private street rights-of- way, but may be located outside of pavement areas. H. Site Planning and Design The site planning and design of development shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of each Planning Area and any adjacent Planning Area, and the introduction of buildings, structures, and landscaping which appear and function as integral parts of the site's natural environment. The following principles describe how the objectives for site planning and design would be fulfilled. 1. Guiding Principles: General Criteria The following elements are preserved in the site plan; Deleted: to the maximum cxtent feasible 16 a. Natural features, environmental functions and cultural features, as determined by the Environmental Analysis. b. View corridors, as determined by View Analysis. C. The existing and proposed trail system d. Natural topography- a, Natural vegetation. f. Natural water channels and drainage ways g. Significant visual features, such as peaks, ridgelines, rock outcrops, boulder fields, and significant stands of vegetation. 2. Guiding Principles. Design a. Development of Planning Area 5A harmonizes with and does not overshadow Visitors Center. b. Buffers in setbacks fluctuating between _75 to 125 feet (average 100 - octeced:of feet) are developed on properties fronting North Palm Canyon Drive to screen development from motorists' views. c, Buffers in setbacks fluctuating between 50 to 75 feet avers E 625_ - Deleted:of feet are developed on properties fronting Tramway to screen development from motorists' views. • d. All rooftops in Planning Areas 5 though 8 are screened from highway view using berms, landscape materials and setbacks. e. Passive solar control is incorporated into the architecture. Recessed window and entry openings and deep roof overhangs are examples. 3. Guiding Principles: Walls and Fences a. Perimeter or property boundary walls and fences are avoided . b. Site walls and fences enclose the minimum area necessary to provide privacy or code compliance(swimming pools, etc- )-C. Walls and fences do not cross significant desert vegetation, water channels or significant topographic features. 17 d. Walls are designed to avoid unbroken lines, using undulations, offsets, notches and similar features. e. Walls and fences are screened with landscaping and boulders to minimize visual appearance. 4. Guiding Principles: Lighting a. Exterior lighting fixtures are shielded to eliminate off-site views of any direct light source. All lighting is directed downward with no up- lighting of landscaping. b. Maximum height for commercial, free-standing lighting fixtures is eighteen (18)feet. 5. Guiding Principles: Landscaping a. The plant palette for any project is limited to drought-tolerant plants, except as may be approved within a Specific Plan. Invasive plants are not used. b, Landscape lighting is not allowed, except as may be approved within a Specific Plan c. Irrigation is of a non-spray design. d. Turf areas are not visible from street views, except as may be _ neiexd:yawns approved within a Specific Plan. 6. Guiding Principles, Energy Conservation a. Comprehensive energy conservation and green building principles are incorporated into project design, construction and operation. I. Findings Required for Approval. Any application for development project within the ESA-SP zone may only be approved if, in addition to the findings contained in Section 94.04.00 of the Palm Springs Zoning Code, the following findings are made: 1. The project demonstrates a complete and integrated vision for design, operation and use through the use of exemplary site planning, architecture, landscape architecture, materials and color principles and techniques. 18 2. The project is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation; 3. The project is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 4. The project will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. 5. The project utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species. 6. The project grading will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment. ' I �Cleted:precervcs 7. The project meets or exceeds open space area reguirements_Qf thisoe�eted:to me maximum c#ant Section and in accordance with the conservation plan, and adequate assurances pemnned by are provided for the permanent preservation of such areas. 8. The project provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. 9. The project has been adequately designed to protect adjacent property, with appropriate buffers to maximize the enjoyment of the subject property and surrounding properties. 10, The project will not have a negative fiscal impact on the City or its citizens. SECTION 9. Section 92.21.1.06 is added to the Palm Springs Zoning Code to read: 92.21.1.06. Specific Plan Requirements for Development in ESA-SP Zone. A. Before any land within a Planning Area may be subdivided pursuant to the Subdivision Map Act (Government Code §§ 66410, et. seq.), a Specific Plan shall be prepared and adopted for the entire Planning Area to provide a comprehensive land use plan complying with the goals and policies of the General Plan and the requirements of the ESA-SP zone. Each Specific Plan shall include a detailed land use evaluation as provided in this Section. An Environmental Impact Report ("EIR") is required for each Specific Plan. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. 19 B. Each Specific Plan shall contain a land use element, a circulation and traffic element(including roadway and trail design and planning), water conservation element, recreation and open space element (including habitat mitigation), public service and infrastructure element (including a fiscal impact analysis of the effects of development on the City), and such other elements as the Council may require. In order to ensure that development within a Planning Area will not have an adverse or negative impact on the City, a Specific Plan can require a Development Agreement to ensure the provision of services and improvements or the payment of fees, charges, or assessments to offset any negative or adverse financial or fiscal effects on the City or its ability to provide services to the future residents of the Planning Area and City as a whole. C. Each Specific Plan shall identify those areas within the Planning Area that are to remain as undeveloped open spaces, such as undevelopable slopes and natural landmarks, etc., and which are to be used for game preserve, wildlife corridor, passive recreational, or open space purposes, may be offered, through dedication, to a governmental jurisdiction, or to a not-far-profit land trust,. conservancy, or similar organization whose charter allows for the ownership of development rights which will preserve the natural open space in perpetuity. In the event the public agency, or City, or land trust, conservancy, or similar organization does not accept such an offer (of if suoh an offer is not made), the Specific Plan shall provide regulations for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as separate parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. Where appropriate, maintenance in perpetuity shall be guaranteed through the bond of the developer or continuing funding by the developer's successors. D. A Specific Plan for a Planning Area within the ESA-SP zone may only be approved if, the following findings are made: 1. The development provided in the Specific Plan is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation; 2. The development within the Specific Plan is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 3. The development provided in the Specific Plan will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. 20 4. The development provided in the Specific Plan utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible,are indigenous and drought-tolerant native species. 5. The grading of land within the Specific Plan will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment. 6. The Specific Plan preserves open space areas to the maximum extent permitted by this Section and in accordance with the conservation plan, and adequate assurances are provided for the permanent preservation of such areas. 7. The Specific Plan provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. 8. The development provided in the Specific Plan has been adequately designed to protect adjacent property with appropriate buffers to maximize the enjoyment of property within the Specific Plan and surrounding properties. 9. The development provided in the Specific Plan will not have a negative fiscal impact on the City or its citizens. SECTION 10. Section 94 21.1.07 is added to the Palm Springs Zoning Code to read: 94.21.1.07 Transfer of Density i The purpose of this Transfer of Density section is to maximize the preservation of open space, significant views, and other valuable characteristics of property within the ESA-SP zone by allowing the re-distribution of development rights among properties • and between Planning Areas. A. Transfer Between Properties Within any Planning Area, allowed residential development density maybe Deleted:—=dental units and transferred from any one property to another on a one-to-one basis subject to approvale8- of aSpecific Plan. Density transfers shall be reviewed for the effect of such transfers on Deleted: wan a nonus of 12 increasing open space, preserving views, minimizing grading or other land disturbance or every umfarme,�,ins site; and reducing the expenditures for public services to the development, for every aaar�m the sending sae B. Transfer Between Planning Areas Between any Planning Areas, allowed residential development density fray be _ Deleted:-midenLal units and transferred with a bonus of 1.2 units at the receiving site for every unit from the sending =mmenael— site, subject to approval of a single Specific Plan for all Planning Areas subject to the transfer. Density transfers shall be reviewed for the effect of such transfers on 21 increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. C. Density Transfer Performance Standards 1. Density transfers shall not be allowed to Planning Area, 2,_3,_f3,or 7. 9 oeid: 2. Density transfers to Planning Areas 5,A,_or shall only be allowed_from_ neieced;a, Planning Areas 1 through 9 inclusive. oe�etca: 3. For any receiver site, the applicable Specific Plan shall be prepared to include an amendment to the applicable permitted land use densities of the Palm Springs General Plan. SECTION 11. Legislative Intent. The purpose of this Ordinance is to implement the goals and policies of the General Plan and to achieve the following objectives for all environmentally sensitive areas: A. To allow a limited amount of development while preserving to the greatest extent possible the mountain vistas and open space which provide the foundation for the City's standing as a world class resort and retirement destination; B. To maximize compact growth, thereby maximizing natural open space and protecting against the resultant adverse impacts, such as air, noise, and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecology and environment; C. To protect and conserve hillside ecosystems, through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; D. To maximize the retention of the City's natural topographic features, Including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcrops, view corridors, and scenic vistas, through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape; E. To assure that use of the City's natural topographic features for development will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of any development use, F. To ensure the safety of the public, and to ensure that the placement, density, and type of development within the City's Environmentally Sensitive Areas is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and 22 natural habitat, and that the natural site characteristics will be retained wherever practicable; and G. To minimize the scarring effects of excessive grading for roads, building pads, and cut and III slopes. H, To encourage diverse, unique, and architecturally interesting buildings, Formatted:Bullets and Numbering structures and other improvements and prohibit tract and other repetitive housing development. SECTION 12. CEQA Finding, The City Council hereby finds that there is no evidence, in light of the whole record before the City, that the adoption of this Ordinance may have a significant effect on the environment. The City Council further finds that this Ordinance establishes densities and intensities of use that are less intense or dense than those provided in the adopted General Plan for the City and which were covered adequately by the prior environmental impact report prepared in conjunction with the adoption of the General Plan. In addition, the regulatory processes as provided in this Ordinance involve procedures for the protection of the environment and will assure the maintenance, restoration, enhancement, and protection of the environment which exceed the processes and procedures provided in the current General Plan and the City's Zoning Code consistent with the re uirements of the California Code of Regulations Section 15308. In addition this Ordinance requires detailed environmental analysis to be prepared when or if specific plans are proposed for Planning Areas and such deferral of environmental review to the time a specific plan is proposed is consistent with the requirements of 14 California Code of Regulations Section 15183, SECTION 13. Application and Grandfatherin . This Ordinance shall not apply to any project which has been previously approved by the City or its constituent boards, commissions or officials so long as such approvals remain valid, nor shall it apply to any application for discretionary land use development entitlements, zoning variances, or where the Director of Planning Services has, prior to the effective date of this Ordinance, scheduled a complete application for consideration by the applicable legislative body of the City for public hearing and possible action. SECTION 14. Annexation Policy. In order to ensure consistent application of the policies and of this Ordinance in all environmentally sensitive lands within the sphere of influence of the City, including lands within the unincorporated areas adjacent to the City, the Council determines that it shall be the goal of the City to bring all unincorporated land lying along North Palm Canyon Drive from US Interstate 10 to Tramway Road under the jurisdiction of the City of Palm Springs and to apply the regulations of this Ordinance to such areas, and accordingly the City shall vigorously pursue annexation of such areas. 23 SECTION 15 Liberal Construction. The provisions of this Ordinance shall be liberally construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and convenience. SECTION 16. Severability, It is the intention of the City Council that the sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 17. Publication, The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty(30)days after passage. Continued on next page 24 PASSED,APPROVED, AND ADOPTED this_day of July, 2006 AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: Douglas Holland City Attorney 25 BEST BEST & KIRIEGE>El< ,PAY ORNFTS Ar LAW INDIAN WELL8 p e. n GRAMENTO (760)563.2611 3750 IJnivemfty Avenue 20H SEf _S i�'N 3!• v(916)325.400D Post Ofgco(sox 102�, IRMN: Rivasido, Galforia 92502-1028 - _ ); 9AN DIEGO (9496 .7600 (6 )575.130 3 (951)686.1450 Y0 L ES LOS ANGELE3 (951)686.3083 Fax WAI,NurcREEK y213]617-810b f36KIaw.Cam (925)9773300 ONTARIO ' (909,969-666d Michael Grant (951)826-8311 Michael-Grant®bbklamoom File No, 14322.00000 September 6, 2006 VIA,FACSTMILg AND MAIL(7.14)835-7787 Douglas C.Holland, Esq. Woodruff. Spradlin& Smart 701 South.Parker Street, Suite 8000 Orange. CA 92868-4760 Re: City of Palm Springs - Chino Cone Land Use Ordinance Dear Doug: As you will recall, we represent Century Vintage Homes, which has signiricant holdings in the Chino Conc. To that end, Century is vitally interested in the ordinance currently being considered by the City Council. In response to the latest version, dated July 28, 2006, Century wishes to reiterate its position that any ordinance restricting the use of land within the Chino Code must include a provision allowing for transfers of density to areas-located elsewbere within the City. The concept of density iransfers was recommended. in the Citizen's Task Force Report and has bden included in subsequent Staff Reports, In addition, it has been discussed favorably, at recent'Planning Commission and City-Council meetings concerning this ordinance. Cerib y is concerned, however, that the crucial concept of transfer of density to areas elsewhere in the City is not included in the July 28, 2006 draft of the ordinance. 0dv ZOOL" YV F C�6 V R nLLrN{r ER\7o2356, BEST REST a EMEGEH AWrIDRNM AT L1,W Douglas C.Holland, l sy. September 5, 2006 Page 2 We therefore urge City staff and City Council to give detailed and thoughtful consideration to the concept of density transfers to areas outside of the Chino Cone, It is an essential element of preserving the Chino Cone area, while at the same time protecting the rights of those owning property in the Chino Cone. 'V truly yo lvischael Gra t of BEST BEST &Ts.IiI.EGE.R LLP M. Honorable Mayor and City Council David Ready, City Mapager Doug Ewing,AICP �2'4PllBJ�3ALLINGp,.R1702866,� Jay Thompson - From: roxann ploss [riploss@dc.rr.com] (QQc �;7 —j ,fi(i i 5- Sent: Wednesday, September 06, 2006 11:51 AM ~ To: Jay Thompson; David ready; ron oden; ginny foat; sieve pougnet; chris mills; Mi(MEr 6Lfv,c�uel och Subject: Fw: Chino Cone I was asked to send this on for one of my neighbors because he had them all returned as "undeliverable". roxann Original Message----- From: Ron Siegel To: Steve.Pou net ; Ron Oden ; Mike McCulloch ; Ginny Foat , Chris Mills Sent: Tuesday, September 05, 2066 4.37 PM Subject: Chino Cone Palm Springs City Council I will not be able to attend the City Council meeting on Sept. 6th because I will be out of the country. But I wanted you to know that I am completely apposed to the devepment of the Chino Cone area. Please do not permit the proposed development of 1700 units. Building on the cone will not preserve it , it will destroy our ability to see the natural features of the landscape and with 1700 units the landscape will be almost totally covered. In my opinion construction should occupy no more than 25 percent of the property to assure its majesty. Very truly yours Ron Siegel 695 E. Chia Rd Palm Springs �7— h 4 d "� 7 C71 t3 iJ A,L- 9/6/2006 Y Jay Thompson From: Craig Ewing Sent: Tuesday, September 05, 2006 4:40 PM To: Chris Mills; David Ready; Ginny Foat; Jay Thompson; Martha Edgmon; Michael McCulloch, Ron Oder; Steve Pougnet; Tom Wilson Subject: FW: Council Mtg Item 1.D; Chino Cone Ordinance To All, Today (Tuesday, September 05, 2006) I received the following s-mail and attachment from Steve Nichols, the owner of land within Planning Area 5 of the Chino Cone. This planning Area is located at the northwest intersection of Tram Way and Hwy ill, including the Visitors Center. A written copy will be retained with other comments previously forwarded to you. Let me know if you have any questions- Craig A. Ewing, AICP - Director of Planning Services - City of Palm Springs -----Original Message----- From! Steve Nichols [mailto:scnicholsOearthlink.net] Sent: Tuesday, Septemher 05, 2006 12 :09 PM To: Craig Ewing Cc: Steve Pougnet; Steve-PougnetOpalmsprings-ca_gov; Chris-Mills@palmsprings-ca.gov Subject: Council Mtg Item 1.D; Chino Cone Ordinance Dear Craig- It dust came to my attention that the City has received a letter dated 8/10 from Amy Minteer, representing the Palm Springs Modern Committee ("Modcom") , who proposes certain major changes in the draft ordinance with respect to Planning Area 5. In order to complete the record, I'm attaching a ;letter dated 8/17 from Peter Moruzzi, president of Modcom, in which he states that ModCom will not oppose our project in PA 5, as long as key views of. the Visitor Center are not obstructed. As noted, Mr. Moruzzi and 1, together with Nickie McLaughlin (ModCom's VP) , toured the site on August 4 and discussed in general terms the project I envision: single- story commercial uses to augment and enhance the Visitor Center in Area 5A; and clustered, low-density residential development elsewhere in Area 5, with plenty of open space. We discussed ways in which such development could occur without adversely affecting views of the Visitor Center building, and we walked and drove to various points where viewscapes could he compared. As you might infer from the correspondence, the conversation was constructive and cordial. Neither in his letter nor in our on-site discussion did Mr. Moruzzi insist on (or indeed mention) any of the proposals (e.g. , 1 DU per 20 acres) urged in Ms. Minteer's letter, which would obviously .render the type of development I discussed with Mr. Moruzzi impossible and would render meaningless his assurance that we could work toward "an economically viable and culturally sensitive project" that receives "prompt governmental approval" . I can only assume that the two Modcom letters were ships passing in the night, and that Ms. Minteer did not benefit from the results of our August 2 on-Site review. I won't comment further on Ms_ Minteer's proposals (which I oppose, of course) except to point out that they are largely based on assumptions that are simply fanciful, such as the utterly ludicrous thought that anything like "up to 359, 806 v9 [0(oI zoo(a 9/5/2006 P4T,+�>rn DON-- square feet of residential or commercial development" could occur in Planning Area 5A. These discussions should be based on facts, not the hyperactive imagination of lawyers reaching to make a dubious point. Please add the attached letter from Mr. Moruzzi to the Council packet and record. T will copy this message to the council subcommittee on the proposed ordinance, Mr- Mills and Mr. Pougnet. Thanks for your attention to this- -Steve Nichols (760-323-2222) 9/5/2006 P. O. Box 4738 Palm Springs, CA 92263 August 17, 2006 Steve Nichols 879 North Palm Canyon Drive Palm Springs, CA 92262 Steve: i Nickie and I appreciated the opportunity to meet with you on August 4."' to share our thoughts as relates to the future of the Palm Springs Visitor's Center and its surroundings. We were glad that you share the Palm Springs Modern Committee's desire to protect the views of the historically and culturally significant Visitor's Center, which marks the iconic gateway to Palm Springs_ Additionally, we were quite intrigued by your vision for the areas surrounding this landmark and look 'forward to working with you as your plans for developing the acreage are formulated. As part of our ongoing discussion, we wanted to let you know that the Palm Springs Modern Committee is prepared to refrain from opposing your project as it goes through the City's review process so long as the development would not result in any obstruction of key views of the Visitor's Center. Please know that the Palm Springs Modern Committee greatly respects the Nichols' family's long tradition of involvement in and service to our community. We believe that the protection of views of the Visitor's Center with smart and complementary development on Planning Areas 5 and 5A would continue this great tradition. We look forward to working with you to assure that an economically viable and culturally sensitive project is developed that can obtain prompt governmental approval. Sincerely, Peter Moruzzi President, Palm Springs Modern Committee Palm Springs Modern Committee, PO Box 4738, Palm Springs, CA 92263 89/05/2806 14: 17 9259949665 ARCHER NORRIS PAGE 02/02 Er ARCH ERNNORRIS �L��i9 ,],:, —.r7 lr,,t 2, L., J.l CAUrNNIA orricr- C11 / CLi is li Walnut creek Los Angeles September 5, 2006 RiMmona Corona VIA FACsimmu The Honorable Mayor and City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Re: Chino Cone Land Use Ordinance Dear Honorable Mayor and M=bers of the City Council: This firm represents the owners of the property located in the proposed Planning Areas 6 and 7, and indicated in the Chino Cone laud use ordinance under consideration by the Council at its study session tomorrow evening, as Agenda Item No. I.D. Because the owners live in New York, they have been unable to participate in person in the Comicil's public hearings regarding this ordinance. However, we have followed the evolution of this ordinance with interest and COMM, since it significantly affects and limits densities on this property. We understand that the topography within Planning Area 7 limits its use. However, we believe that allocating zero dwelling units to this property and denying any possibility of density transfers has the effect of making this property essentially valueless. if the ordinance is adopted in its present form with respect to this Planning Area, this may constitute a taking. With respect to both Planning Area 6 and Planning Area 7,we believe that densities must be transferable not only with planning areas and within the Chino Cone generally, but also from the Chino Cone to other appropriate areas within the City. If the City really wishes to maintain an open vista within the Chino Cone area, we think this can best be achieved by allowing the transfer of density from the Chino Cone to these other areas. At the same time, this will allow my clients' property values to remain at an acceptable level and avoid a"takings"claim. We will appreciate your consideration of these issues at the Council's study session and trust that the Chino Cone ordinance as ultimately adopted will respond to these concerns- Very tnily yours, M Z;NORRIS Michael B. Peterson - l --)5 sozzzow�smzo3-I Aao)r esr;Ae--- Archer NOrlf9,A Prffa.Mgna)Law Corporation. I ' L Cli'f CL7-GK TO Box4470 'Palm,Springs, C3 92263 760-322-3484 Email: UShwestrlaol.com September 1, 2006 Mr. Craig Ewing,AICP Director of Planning Services Palm Springs, California RE: Draft Regulations for the Chino Cone APN: 669-320010-5 Dear Craig: I was on an extended trip when your letter of July 28 arrived. Since it was the first communication I have received regarding our property in Planning Areas 6 and 7, I'm sure you will understand that we are somewhat shocked that our property is being so dramatically down-zoned. Since we have not been part of the discussion,we strongly suggest that any action regarding what may be an actual"takings" be delayed. Our situation is made complex by the fact that our property straddles the Chino Canyon levee and is therefore located within two planning areas. Approximately ten acres of our land is contained within Planning Area 6 and consists of a square of 600 feet on each side which fronts on Highway I I I and is bounded by the levee on the northeast. Your plan would downzone that parcel front its historical 6 units per acre to 1.5 units per acre. Such a down-zoning would make development on that property economically infeasible and may,therefore,constitute a`taking"under current California law. Secondly,the remaining 21 acres of our parcel consists of 1200 feet of frontage on Highway 111 which is also 600 feet deep to the west. Down-zoning that parcel to allow for open space only would constitute a`taking." We purchased that property when it was zoned Urban Reserve,a designation of 50 years' standing. That designation allowed for commercial development along Highway I I I even though that parcel was not suitable for residential use. Eliminating all commercial use is unquestionably a"taking." Valued under its historical zoning of 6 units per acre or 186 units,this parcel was worth nearly$3 million. Under the current proposal,the parcel would be worthless. Although this parcel is not part of the Shadowrock Project area,it is part of the collateral held by our lender. The lender has informed us they will sue if the value of their collateral is taken in this action. Dg /°Q0J AaCD rri aka Mr. Craig Ewing Page Two Continued Attached is a letter prepared by our counsel regarding the legal issues raised by this proposed ordinance. Please enter these letters into the record of proceedings for future reference. Linder these circumstances,it is our request that no action be taken until we have an opportunity to participate. We would ask for an immediate meeting in order to begin discussions. Sincerely, DOWROCK ^Al,ESTATE DEVELOPMENT, L.L,C Mark A. Bragg, M4 g tgGeneral Partner FABMJeflerMangels ;7v;;`,';;r;, Butler& MarmaroLLP r' 305r, SEP —5 AN 9. 1,7 David P.Waite _ 1900 Avenue or the Stars,7th Floor Direct(310)785-5319 Los Angeles, Calitomia 900674308 Fax:(310)7123 L_c_ 319 C 1 1' C L (310)203-8080 (310)203-0557 Fax 4Waite@jmbm.com W W W Jrnbrn-corn September 1,2006 Honorable Mayor and C 1=L 1 pcq� Members of the City Council City of Pahn Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Proposed RavironinmWY Sensitive Area—Specific Plan Zoning Ordinance Dear Mayor Oden and Members of the City Council: This office represents Shadowrock Real Estate Development,LLC("Shadowrock"). This letter supplements the accompanying letter provided by Mr.Mark A.Bragg,Managing General Partner of Shadowrock,and provides further legal support for Shadowrock's objections to the draft Environmentally Sensitive Area Specific Plan("ESA-SP")proposed zoning ordinance(the "Proposed Ordinance")to be considered by the City Council on September 6,2006. As applied to the property owned by Shadowrock,the Proposed Ordinance,if adopted, constitutes a regulatory taking of Shadowrock's property located in Planning Area 6 and Plan wing Area 7. We provide further legal analysis in support of Shadowrock's objections to the Proposed Ordinance below. 'Phis analysis is not intended to be exhaustive;it sets forth the legal basis upon which the City will be required to pay-just compensation to Shadowrock if the Proposed Ordinance is adopted. 1_ THE EXISTING AE VELOPMENT AGREEMENT CREATES CONSTITUrIONALLX PROTECTED VESTED RIGHTS Shadowrock has constitutionally protected vested rights under an existing Development Agreement which was approved by the City on November 17, 1993,and remains in£n1l force and effect The Development Agreement includes not only the property which is included within the approved Planned Development District("PDD")No.224,but also implicates certain real property adjacent to and located in the vicinity of the Shadowrock project which is intended to be incorporated into the Shadowrock project in the future. (Development Agreement,Recital B and section 1.1) Section 13 of the Proposed Ordinance correctly acknowledges that the Proposed Ordinance cannot legally be applied to previously approved projects,including the Shadowrock project and the property included within PDD No.224.. Because the Development Agreement also contemplated that additional property located adjacent to and in the vicinity of the A L'vnitod Liability Law Partnership Including Professional Corporations / Los Angeles-San Francisco n1966MYi tpr�--pt"�10 lJ PrG— Honorable Mayor and Members of the City Council September 1,2006 Page 2 Shadowrock project was to be included within the project at a future date,the Development Agreement itself imposes limitations and constraints on the City's ability to restrict development in Planting Area 6 and Planning Area 7. In addition,as explained below,the Proposed Ordinance results in a dramatic down- zoning of Shadowrocles property sufficient to constitute a taking of property by governmental action requiring just compensation. 2. THl PROPOSED ORDINANCE CONSTITUTES A REGULATORY TAILING OF SHADOWROCKIS PROPERTY Constitutional takings are grounded in the Fifth and Fourteenth Amendments of the United States Constitution,the"supreme law of the land" (U.S. Const.Art.VI,cl.2;Cal. Const. Art.III sect. 1). These Amendments guarantee the rights of due process,equal protection and just compensation when private property is impressed into public use. The California just compensation clause(Cal. Const.Art. 1,section 19)states that"[privvate property may be taken or damages for public use only when just compensation. . .has first been paid to the owner." (Emphasis added) The seminal case is Pemtsylyania Coal Co.Y.Mahon 260 U.S.393 (1922),in which Justice Holmes stated that"[t]he general rule at least is that while property may be regulated to a certain extent,if regulation goes too far it will be recognized as a taking." Id. at 415. (Emphasis added) Justice Holmes explained that the question of whether a regulation goes too far is"a question of degree--and therefore cannot be disposed of by general propositions." Id. at 416, But some guidance has emerged is case law, including this paraphrased three-pronged formulation Rom Penn Central Transportation Co.v. City of New York 438 U.S- 104, 124 (1978).: "[T]he Courts decisions have identified several factors that have particular significance. The[1] economic impact of the regulation on the claimant and,particularly, [2] the extent to which the regulation has interfered with distinct investment-backed expectations are,of course,relevant considerations. (Citation) So, too,is[3]the character of the governmental action." Id (bracketed numbers added) Two years after Penn Central the Court offered another formula,stating that the application of a general zoning law"effects a taking if the ordinance does not substantially advance legitimate state interests[citation],ar denies an owner economically viable use of his land. . :, A sine v.Tiburon 447 U.S.255,260-261 (1980)(emphasis added). Agin established the disjunctive test for regulatory takings which has been followed by California courts. See 152 Valparaiso Associates v. City of Cotati, 56 Cal.App.4th 378,384(1997)(not necessary to be ry1�ryry 7drvremx: 4156692VI J"� Iaw. tt nW Honorable Mayor and Members of the City Council September 1,2006 Page 3 deprived of all economically viable use to show no fair return on an investment). In all of these formulations,the focus is on the effect or impact of the regulation on the property owner. More recently,the Unites States Supreme Court has held that when government prevents a property owner from making economically beneficial or productive use of his property or prevents realization of reasonably anticipated profits from it,that conduct can be a permanent or temporary taking of property for which the Fifth.Amendment requires just compensation_ E.g., First English Evangelical Lutheran Church of Glendale v.Coug_ty of Los An e� les,482 U.S.304 (1987). ' Each"regulatory taking"case must be analyzed on its own particular facts. The basic framework for regulatory taking analysis in California was summarized in Twain Harte Associates,Ltd-v_County of Tuolumne 217 Cal.App.3d 71, 83-84(1990): ""this Court has generally been unable to develop any set formula for determining when justice and fairness require that economic injuries caused by public action be compensated by the government,rather than remain disproportionately concentrated on a few persons. Rather,it has examined the taking question by engaging in essentially ad hoc,factual inquiries that have identified several factors--such as the economic impact of the regulation,its interference with reasonable investment backed expectations,and the character of the government action—that have particular significance." Applying the basic test to the Proposed Ordinance demonstrates that,if approved,the Proposed Ordinance would clearly amount to a regulatory taking of Shadowrock's property in Planning Area 6 and Planning Area 7. 3. THE PROPOSED ORDINANCE,IF ADOPTED,WILL UNREASONABLY ZN ERFERE VVITH SHADOWROCK'S REASONABLE INVESTMENT BACKED EXPECTATIONS FOR ITS PROPERTY LOCATED IN PLANNING AREA 6 When faced with near infinite governmental creativity in devising regulatory actions, there is no single legal standard,or litmus test,for determining when a taking occurs. E.g., A "ns v. Ci of Tib 447 U.S_255,260(1980);Ruckelsbaus v_Monsanto Co.,467 U_& 986, 1005 (1985). A taking can occur when government actions deny a property owner economically beneficial or productive use of private property,even without consideration of the owner's original investment backed expectations. Healing v.California Coastal Comm'u..22 Cal.AppAth 1158, 1169(1994);San Diego Gas&Electric, sunxa First En Jtr�-i' euax&nam.roar 4I96MA Honorable Mayor and Members of the City Council September 1,2006 Page 4 supra;Nollan v. California Coastal Commission,483 I.J.S. 825 (1987);Dolan v. City of Tigard. 512 U.S.374(1994);Rackelshaus, supra. Here,approximately ten(10)acres of Shadowrocles property is located in Planning Area 6 and consists of a square of 600 feet on each side which fronts on IXighway 111 and is bounded by the levee on the northeast. The Proposed Ordinance would down-zone that property from 6 mots per acre to 1.5 units per acre. Such a severe down-zoning would leave Shadowrock with virtually no economically viable use for the property. The proposed change would have an overwhelmingly negative impact on the property's development potential when considering the costs to develop the property relative to any expected return on investment. As in Healing the loss of value in Shadowrock's property is so dramatic that the City s proposed regulatory change constitutes a taking even without considering the Cites proposed interference with Shadowrock's reasonable investment backed expectations. Shadowrock's argument is further strengthened by the fact that the property was purchased in anticipation of building 6 units per acre,a fact that is reflected in its financing arrangements. 4_ THE PROPOSED ORDINANCE,IF.ADOPTED,WILL UESULT IN.A, CATEGORICAL GOVERNMENT TAIONNG OF SHADO'IWROCWS PROPERTY LOCATED IN PLANNING AREA 7 A categorical taking occurs when"government regulations deprive a landowner of all beneficial use"of the property. Lucas v.South Carolina Coastal Council. 505 U.S. 1003 (1992). Such a taking occurs when a landowner is called upon to sacrifice all economically beneficial uses of his property in the name of the common good. hr Keystone Bituminous Coal Association vs.DeBenedictis. the U.S. Supreme Court focused on how to evaluate whether owners have been deprived of all economically viable use. 480 U.S.470(19".To determine this issue,the Court looked to the value that was left in the owners'property,rather than the value that was taken. These concepts have been applied directly in a down-zoning context,not only in California,but throughout the United States. See for example Corrigan v. My of Scottsdale, (Ariz 1986) 720 P2d 513 and 528,cert denied, 107 SCt 577(1986)_ Much like the City of Palm Springs'proposed ESA-SP,the City of Scottsdale attempted to create a Hillside Conservation Area.. The court found that the zoning ordinance establishing a conservation area and permitting no new development was an unconstitutional taldng despite the public interest goal of preserving the mountains and hillsides.Id. Isere,the approval of the Proposed Ordinance would constitute a categorical taking of Shadowrocles property located in Planning Area 7. This 21 acre property was zoned"Urban Reserve"when purchased.The 50 year old Urban Reserve designation allowed for commercial development along Highway 111. Elmunating all development and designating the area"open to"6PM 4196602v1 iMa vov Honorable Mayor and Members of the City Council September, 1,2006 Page 5 space" constitutes a taking because it deprives Shadowrock of all beneficial use of this property. The stated purpose of these proposed zoning changes is to preserve open space. In effect,the City is seeking to gain parldand without having to pay for it_ Plainly and simply,this is regulation gone"too far." As in Lucas Shadowrock is being called upon to sacrifice all economically beneficial uses of their property for the sake of a claimed common good and for claimed public benefits. Moreover,under the Kostone analysis,Shadowrock is left with no value in the property after it loses its development potential. 5. CONCLUSION Based on the foregoing,if the City elects to adopt the Proposed Ordinance,the new zoning standards are not only contrary to the vested rights and entitlements provided for in the Shadowrock Development Agrcement,but will also constitute a taking of Shadowrocles property located in Planning Area 6 and Planting Area 7,requiring the City to pay just compensation to Shadowrock. Sincerely, awot W�L�UC DAVIT]P.WAITE of Jeffer,Mangels,Butler&Marmaro LLP DPW:ll Cc: Mark Bragg,Shadowrock Real Estate Development,LLC lyJS]ILVl ll � B ,{j)eRv Mrget JRuder S Mammvw d1956MV] ;O QpLM Spy U N F "`'FOR` CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 6, 2006 PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 92.21.2.00 THROUGH .07 TO, AND AMENDING SECTION 91,00,10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE. FROM: David H. Ready, City Manager BY: Planning Department SUMMARY On July 19, 2006, the City Council continued the public hearing on the above draft zoning ordinance. Since that date, staff has undertaken the following actions to provide further input and refinements to the draft Environmentally Sensitive Areas — Specific Plan (ESA-SP) Zone: 1. Provided a copy of the draft ordinance and a request for public comments to: a. Property owners within and adjacent to the Chino Cone, b. Members of the City Council and Planning Commission , and c. Other interested parties 2. Met with the Council Sub-committee (Mills and Pougnet) to review Council comments, 3. Met with Mayor Pro Tern Foat to receive comments and proposed revisions, 4. Re-noticed the continued public hearing. The attached draft ordinance is presented with a number of adjustments. First, the ordinance includes 'strikeout / underline' edits which staff believes are minor changes that enhance existing language, but do not alter overall policy from that reviewed by the Council on July 26, 2006. Second, we have provided clarification of the density calculation of Planning Area 9, as discussed below. ITEM NO. 1 '"D City Council Staff Report April 12, 2005 Initiation of Zoning Ordinance Text Amendment-Chino Cone Page 2 of 3 We have also attached a separate list of Council policy questions that have been raised since the July 26th study session - this list may be the basis for Council discussion of some of the ordinance's key issues. Lastly, public comments received during the month of August were distributed to Council under separate cover. Planning Area 9- Snow Creek Over the course of developing the ordinance for the nine Planning Areas of the Chino Cone and surrounding lands, Planning Area 9 posed some unique challenges. This area includes floodways and steeply sloping lands, which are generally excluded or isolated in other Planning Areas (for example, the Chino Creek floodway is designated as Planning Area 7 and separated from developable lands in the Cone). To assure that Planning Area 9 is developed at an appropriate density, staff has added a provision to the draft ordinance that excludes the floodway and mountainous terrain from the density calculation, as follows: Section 92.21.1.04.B.7. In Planning Area 9, lands within the floodplain and lands exceeding 30% slope shall be excluded from the density calculation. It is expected that remaining land available for calculation of density is approximately 244 acres. Based on the recommended density of one unit per acre, Planning Area 9 would be allowed approximately 244 dwelling units. Environmental Review The California Environmental Quality Act provides for environmental review of any "project" undertaken by the City. In light of the provisions of the proposed draft of the ordinance, staff believes that the project - adoption of the Zoning Ordinance Text Amendment - is Categorically Exempt under section 15308 of the State Guidelines for the Implementation of CEQA and no further environmental review is required, as follows: Section 15308-Actions by Regulatory Agencies for Protection of the Environment Class 8 consists of actions taken by regulator agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. An Initial Study has been prepared and attached to the report providing additional discussion of the proposed ordinance and CEQA-related issues. 1 063:1 City Council Staff Report April 12, 2006 Initiation of Zoning Ordinance Text Amendment—Chino Cone Page 3 of 3 RECOMMENDATION: Conduct a public hearing and introduce the draft ESA-SP Ordinance for first reading. FISCAL IMPACT: Finance Director Review: No fiscal impact. r ' A. wi ICP J. Wil Di r of la ing Services Assfs ant City pager, Dev't Svcs David H. Ready City Manager Attachment: • 1. Draft Ordinance for "ESA-SP (Environmentally Sensitive Areas — Specific Plan) Zone" 2. List of Alternative Policy Issues 3. Initial Study on the Draft ESA-SP Zone D R A F T ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE. City Attorney's Summary This Ordinance creates a new zone district, the Environmentally Sensitive Area Specific Plan zone (ESA-SP), for the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies of the City's General Plan. This Ordinance provides that the ESA-SP zone will be divided into Planning Areas as indicated on the Zoning Map. The ESA-SP zone will include the Chino Cone and the Highway 111 north entry corridor upon adoption of the Ordinance. Other environmentally sensitive areas can be added by the City Council from time to time. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. The provisions of the ESA-SP zone will supersede any conflicting provisions of the Palm Springs Zoning Code and are required to be liberally construed to effectuate their purposes. The City Council of the City of Palm Springs ordains: SECTION 1 Section 91.00.10 of the City of Palm Springs Zoning Cade is amended by adding the following definitions: "City Manager" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Ranchette" means a single family dwelling on a large lot, including land under open space or limited development easement or covenant. "Receiving Site" means a site which receives density pursuant to the provisions of this Code. 1 0, ,C3 D R A F T "Sending Site" means a site which has received a certification by the director of planning and community development of density eligible for transfer to another site pursuant to the provisions of this Code. SECTION 2 Section 91,00.10 of the City of Palm Springs Zoning Code is amended by amending the following definitions: "Zoning Code" or "Zoning ordinance" or "Code' means the Zoning Code of the City of Palm Springs as described in Section 91.00.00 of the Zoning Code. SECTION 3. Section 92.21.1.00 is added to the Palm Springs Zoning Code to read' 92.21.1.00 "ESA-SP" Environmentally Sensitive Area Specific Plan Zone A. The ESA-SP zone is intended to provide for the development of environmentally sensitive areas of the City in a manner that will preserve the open, rural character of these areas while allowing development of ranchettes and clustered single-and multiple family or resort projects. B. The purpose of the zone is to facilitate the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies in Section 92.21.1.05 of this Code. C. The ESA-SP zone is divided into Planning Areas, as indicated on the Zoning Map, The ESA-SP zone includes the Chino Cane, Highway 111 north entry corridor, and other areas which the City Council may designate from time to time by ordinance. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. D. The provisions of the ESA-SP zone shall supersede any conflicting provisions of the Palm Springs Zoning Code. The regulations in this Section and 92.21.1.01 through 92.21.1.07 inclusive shall apply to those areas designated "ESA-SP" on the Zoning Map and shall be liberally construed to effectuate their purposes. Specifically, the provisions of Section 94.03.00 (Planned Development District— PD) shall not be used to increase the density or intensity of development or modify design standards beyond that expressly permitted under the ESA-SP Zane or an applicable Specific Plan. SECTION 4. Section 92 21.1.01 is added to the Palm Springs Zoning Code to read: 92.21,1.01 Uses Permitted ' A. Uses Permitted in All Planning Areas. 2 D R A F T 1. Single-family dwellings, not to exceed one (1) unit per forty (40) net acres, excluding for density calculation purposes all lands with slopes in excess of thirty percent(30%) or within established flood zones. 2. Accessory buildings and uses customarily incidental to the permitted use when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. Servants quarters, guest houses and accessory living quarters may be erected in detached structures but shall not be provided with kitchen arrangements or other provisions for meal preparation. 3. Home occupations subject to the provisions of Chapter 5.21 of the Palm Springs Municipal Code. 6. Uses Permitted by Specific Plan in all Planning Areas The following uses may be permitted in all Planning Areas, subject to enactment of a Specific Plan by California Government Code Section 65450 at seq., as amended: 1. Single-family dwellings 2. Multiple-family residential, 3. Public parks, recreational areas, and open space, but not to include places of assembly; 4. Resort hotels, hotels, condominiums, time-shares, including incidental or accessory commercial uses operated primarily for the convenience of residents and guests 5. Nature centers, museums and other facilities that interpret and support the natural environment 6. Accessory structures and uses customarily incidental to the above uses, located on the same lot therewith, and designed as an integral part of any residential or hotel facility, including: a. Athletic, sport and recreation clubs; b. Country clubs, golf courses driving ranges, tennis and swimming facilities; o. Restaurants, not including drive-in, drive-through or fast-food establishments; 3 d. Spas, subject to compliance with Chapter 5.34 of the Municipal Code, C. Uses Permitted by Specific Plan in Planning Area 5A In addition to the uses specified in Section B, above, the following uses may be permitted in Planning Area 5A, subject to enactment of a Specific Plan by California Government Cade Section 65450 at seq., as amended: 1. Tourist-serving commercial activities, including retail goods and services primarily oriented to the traveler, including restaurants and entertainment. Community-oriented retail, such as a shopping center anchored by a grocery store, is not intended for this site. SECTION 5. Section 92.21.1.02 is added to the Palm Springs Zoning Code to read: 92.21.1.02 Uses Prohibited All uses and structures not permitted in Section 92,21.1.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by Commission determination: A. Commercial uses, excepting those otherwise provided for herein B, Industrial Uses C. Institutional Uses D. Mobile Home Parks E. Equestrian Facilities F. Recreational Vehicle Parks SECTION 6. Section 9221.1.03 is added to the Palm Springs Zoning Code to read: 92.21.1.03 Property development Standards—Permitted Uses The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01.A, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. A. Density 4 _ t 90C D R A F T The allowable density shall be one dwelling unit per forty (40) acres. Deleted:per `Peleeed:be____________ B. Lot Area Each lot shall have a minimum net lot area of twenty (20) acres. C. Lot Dimensions All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards. 1. Each lot shall have a minimum width of five hundred (500)feet; 2. Each lot shall have a minimum depth of five hundred (500)feet- D. Building Height 1. Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The total height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure, shall not exceed twenty-five (25) feet. E. Yards 1. General Provisions. a. The provisions of Section 92.01.00 shall apply. 2. Front Yard. a. There shall be a front yard of not less than fifty (50) feet. 3. Side Yard. a. Each lot shall have a side yard on each side of not less than fifty (50)feet. 4. Rear Yard. a. Each lot shall have a rear yard of not less than fifty(50) feet- F. Distance Between Buildings. 5 l _ �� D R A F T The minimum distance between buildings shall be fifteen (15) feet except as otherwise provided in this section. G. Walls, Fences and Landscaping. The provisions of Sections 93.02.00 and 94.21.1.06.F.3 shall apply, except that no more than one (1) acre of land per lot shall be enclosed by any wall or fence. K Access. The provisions of Section 93.05.00 shall apply. I. Off-street Parking. The provisions of Section 93.06.00 shall apply. J. Design Standards All development shall be designed to comply with the Design Standards for the Environmentally Sensitive Areas, Section 9421,1.05 of this Code. SECTION 7. Section 92.21.1.04 is added to the Palm Springs Zoning Code to read. 92,21.1.04 Property Development Standards—Uses Subject to a Specific Plan The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01.B. A. Requirement for Area-wide Specific Plan A Specific Plan submitted under this ordinance shall include not less than an entire Planning Area, except Planning Area 3. A Specific Plan submitted for Planning Area 3 shall include not less than ten (10) acres. B. Density and Open Space 1. The following dwelling unit densities and requirements for open space are established for the Planning Areas within the ESA-SP. For purposes of calculating densities of hotels and other tourist accommodations, a hotel room or similar unit shall count as 0.70 of a residential dwelling unit: 6 D R A F T Planning Maximum Allowed Minimum Required Open Minimum Required Open Maximum Floor Area Area Densit S ace—All Fors S ace—Undevslope lo ed 1 Go to Base Tone(One DU/40 Acres) 2 2 oU/Acre 72%of Project Area 35%of Proleet Area 6,000 SF/DU 3 Tribe Specific Plan 4 2 DU/Acre 72%of Project Area 35% " 6.000 SF/DU 5 6 DU/Acre 72% ' 135% " 2,000 SF/DU 5A 0.25 Floor Area Ratio Not Applicable Not Applicable Not Applicable 6 1.5 DU/Acre 79%of Project Area 40%of Project Area 6.000 SF/DU 7 Go to Base Zone(One DU/40 Acres) 8 2 DU/Acre 72%of Project Area 35% " 6,000 SF/DU 9 1 DU/Acre 81% " " 40/ " 8,000 SF/DU 2. Undeveloped open space shall exclude all lands with slopes in excess of thirty percent (30%) above the toe of slope, and shall be limited to natural and renaturalized land, and hiking trails. ❑edlca[ion public access shall be provided to undeveloped open space 3. Floor area shall include all enclosed and covered structures, including all habitable space, garages and carports, solid roofed patios, porte cocheres and other solid roofed accessory buildings and structures. Open, uncovered patios, driveways, walkways, water and landscaping features shall not be included. 4. Remaining open space may include reads and other paved accessways, recreational facilities, golf courses, landscaping, water features and other uncovered features. 5. In all Planning Areas other than Planning Area 5A, commercial uses shall not exceed 15% of the total floor area of the development (including all residential and hotel units). For purposes of calculating commercial density, all leasable commercial space shall be counted, including retail, restaurants, pro shops and convention space. Common facilities, such as lobbies, rest roams, general service areas and management offices shall not be included. 6. In Planning Area 5A, total enclosed building area shall not exceed a Floor Area Ratio of 025.C. 7. In Planning Area 9, lands within the floedplaln and_lands_exceeding 30% slope shall be excluded from the density calCulati0n. It is expected that remaining land available for calculation of density is approximates 244 acres. Building Height 7 TiZY D R A F T Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The maximum height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure shall not exceed twenty-five (25)feet. For all buildings, the maximum allowed height shall be as established by the applicable adopted Specific Plan. D Lot Area, Lot Dimensions, Yards, and Distance Between Buildings Development standards shall be as established by the applicable adopted Specific Plan. E. Walls, Fences, and Landscaping. The provisions of Sections 93,02.00 and 9421.1.05,E-1.3 shall apply. *feted:F Development standards for walls, fences, and landscaping shall be as established by the applicable adopted Specific Plan. F. Access. The provisions of Section 93.05,00 shall apply, except as may be modified by the applicable adopted Specific Plan. G. Off-street Parking. The provisions of Section 93.06.00 shall apply, except as may be modified by the applicable adopted Specific Plan H. Design Standards All development shall be designed to comply with the Design Standards for Environmentally Sensitive Areas, Section 94.21.1.05 of this Code. SECTION 8. Section 94.21.1.05 is added to the Palm Springs Zoning Code to read: 94.21.1.05 Design Standards. The purpose of the ESA-SP zone is to protect environmentally sensitive lands by establishing standards for the design, construction, operation, and maintenance of development projects. The design and preparation of the site shall have as their first objective the minimal disturbance of the underlying landforms, site topography, and 8 D R A F T surface environment of the affected Planning Area. Any proposed project shall introduce development which appears and functions as an integral part of the site's natural environment. To protect environmentally sensitive land, all development projects within any Planning Area shall be subject to a design review process with the following components A. Environmental Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, an environmental analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all major and minor environmental conditions on the subject site and surrounding area, including lands within 500 feet of the site, with the surrounding area subject to final determination by the Director of Planning Services. At a minimum, the analysis shall identify and describe the following subjects: 1. Geologic Conditions 2, Cultural Resources 3. Topographic Conditions 4. Unique Rack Formations and Mineral Deposits 5. Drainage Patterns and Local Watershed Boundaries 6. Minor and Major Water Channels 7. Significant Landscape Features, Oases, etc. 8. Flora and Fauna 9. Non-native Plant Species 10. Significant Animal Species 11. Prior Development History 12, Existing Development A plan for the removal or other treatment of boulders shall be prepared as part of the Specific Plan and evaluated in the associated Environmental Impact Report. The analysis provides the basis for project site planning, and the applicant shall design and locate proposed development to minimize impacts on environmental conditions. 9 D R A F T B. View Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, a view analysis shall be prepared and submitted to the City. The analysis shall include a map, photos and text which identify views of the project site from the Highway 11% Tramway and other viewpoints, with the actual viewpoints subject to final determination by the Director of Planning Services. At a minimum, the analysis shall address the following related to the selected viewpoints: 1. Areas of the subject site which are visible, 2. Areas of the site which may be screened or otherwise oriented so as not to be visible, 3. Potential building envelopes (volumes)that would not be visible; 4. Strategies for maintaining existing screening features, 5. Strategies for implementing and maintaining proposed screening features. A three-dimensional graphic representation of final build-out shall be required as part any Specific Plan application, including scale model, computer simulation or similar presentation. All proposed grading, including roads and parking„lots; and all structures, including habitable and non-habitable buildings, storage tanks, and retaining walls shall be shown. The analysis provides the basis for establishing the locations and heights of structures and other support features, and the applicant shall locate proposed development to minimize off-site views of the project. C. Trails Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit, a trails analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all existing trails and all proposed trails within the project area. Existing trails shall include public trails established by dedication of easement or similar conveyance and trails established by use. D. Mandatory Standards The following standards shall apply to ali development in Environmentally Sensitive Areas and shall not be modified by any Specific Plan. 1. Mass grading to create large, single-level flat pads is prohibited. 10 D R A F T 2. Pad heights are not significantly raised beyond the natural topography. Any_pad_ height more than 2 feet,above natural topography may be deemed significant. 3. The Master Plan of Drainage shall be implemented. 4. No retention basins are allowed. Street and site plan layout shall follow natural terrain. 5. Streets are paved with decorative or colored concrete or pavers to match color of existing terrain. Asphalt concrete shall not be allowed. 6. No street lighting is allowed. 7. Vegetation removed for utility construction or maintenance is replaced with appropriate landscaped areas. S. All}utility lines are located underground or screened from public view in a Deleted:unlltles manner that represents natural desert landscaping. 9. All water lines located in public or private street rights-of-way are located within the pavement sections. 10. Water lines located outside of rights-of-way require waterline easements. 11, Any visible portion of a water storage facility has an exterior color to match surrounding native stone, rock, soil color or backdrop. 12. Location and design of water storage facilities are coordinated in advance with the Desert Water Agency. 13. All wastewater lines, including force mains, located in public or private street rights-of-way are located within the pavement sections 14, Wastewater lines located outside of rights-of-way require sewer line easements that include full vehicular and equipment access. 15, All exterior colors, materials and finishes blend with the color and texture of surrounding stone, rock or soil. 16, Reflective building materials are not used.—Solar panels shall be non- reflective 17. The forms of buildings, structures and other improvements are not repetitive, but respect and interpret the forms of the surrounding landscape and t present a custom design appearance. 11 D R A F T 18. Stepped elevations and floor levels are used to avoid massive building forms and wall surfaces. 19. All exterior mechanical equipment is screened with material that complements the surrounding structures and environment. E. Site Preparation The design and preparation of the site shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone, and the introduction of development which appears and functions as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled- 1. Guiding Principles: Grading a. New development is designed to follow existing slopes and contours. b. Cut-and-fill techniques to create flat development pads is avoided . c. Slopes do not exceed 1 Y2 to 1. d. Retaining walls are limited to: 1. Retaining walls that are part of a building foundation. 2. Transition retaining walls taper from a maximum height of five (5)feet with a maximum overall length of twenty-five (25) �oeteted:an feet. --- 3. Walls are screened with boulders or other Jmaterialsass Deleted:appmved apprcved by the 5pec_ Plan. e. Retaining elements composed of boulders, berms or other non- manufactured materials provide variation in form and a natural appearance. 2. Guiding Principles: Drainage a. Project drainage follows best practices, while maintaining the natural run-off and channel characteristics. b. Development D-CeserVes existing drainage patterns natural streams deleted;doe:nal adversely impac[ and local watershed boundaries. -- 12 D R A F T c. Drainage volumes in existing channels are not increased over natural levels. d. Sedimentation characteristics of existing drainage channels are maintained. e. Natural, non-manufactured materials are used to assure the stability of drainage channels. f The natural vegetation density and diversihj of existing channels are maintained. g. No ponding of water occurs above cut or fill slopes. h. Surface drainage interceptors are provided at the top of cut or fill slopes to prevent erosion of slopes and graded areas. i. All erosion control, and surface and sub-surface drainage facilities are designed to provide stable and long-term erosion protection. j. Manufactured drainage facilities are covered or screened with boulders and other materials to produce a natural appearance. F. Street Design The design and placement of street and roads shall have as their objective: The appearance of streets and roads as long strips of pavement crossing natural slopes and contours shall be minimized, and their design and construction shall minimize intrusions into local natural conditions The following principles describe how the objectives for street design would be fulfilled: 1. Guiding Principles: Location of Streets and Roads a. Streets do not divert or block primary historical drainage patterns. b. The vertical profile of streets are aligned to closely match the existing natural terrain Deleted: to preserve and project 1 l hlstorimi drainage patterns J C. Habitat connections and view corridors are not interrupted by streets. d. Curvilinear alignments and gently rolling profiles are consistent with site topography. Excavations and embankments are limited to the greatest extent possible. 13 L D R A F T e. Street alignments are located to avoid stands of vegetation, rock outcroppings and other significant natural features. 2. Street and Parking Design a. Minimum public street widths are 24 (227) feet with no on-street parking. Off-street guest parking is located and provided in sufficient numbers to support the project. b. Road shoulders widths are composed of crushed native' rock. Additional width may be required to accommodate drainage,swales or, where necessary, Concrete gutters, Comment[Cl]:Necessary? See Dave Bamkia_n C. improved shoulders are composed 'of large stones or rocks and clean,native topsoil. Comment[C2]:Necessary?'see Dava Barakian d. Street intersections are not located within the alignment and floodplain of major or minor water channels nor within boulder clusters or other sensitive environmental features. e. ,Shoulder slopes match pavement cross slope ,where 'roadway crass-slopes are used to control drainage comment[CS]:Necessary? See Barakian f. Maximum slope gradients within 10 feet of the roadway edge do not exceed 4:1 for fill slopes and 3:1 for cut slopes. g. Maximum height of cut and fill slopes, including any retaining walls, is 3 feet. Retaining walls are the minimum height necessary to meet this standard. i. Roadway slopes do not create a continuous wall or cut ! fill condition, but vary in height and present an undulating appearance consistent with the natural slope. j Slopes are rounded to blend into the existing terrain to produce a contoured transition. ' k. I, Street design accommodates stormwater runoff, as required by a Hydrology Study approved by the City Engineer. When used, concrete closely matches adjacent paving materials. Standard grey concrete material shall not be allowed. 14 I.. . D R A F T M. Street design not meeting public street standards for sections, widths, materials or other factors may be required to be constructed and maintained as private streets. All streets on the Chino Cone are recommended to be private, except collector streets, as indicated in the Specific Plan. 3. Sidewalks IS. No sidewalks are allowed, except only as may be required to conform to state and federal accessibility requirements. Accessible pathways shall be paved with decorative or colored concrete, pavers, or other approved materials. G. Utilities The location and installation of utilities shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone, and the introduction of services and utilities which appear as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled. 1. Guiding Principles: General Criteria for Utilities a. Utilities are located to minimize any degradation to the key natural features identified on the Environmental Analysis. b. Utility crossings do not obstruct or constrict drainage courses. C. Utility corridors requiring frequent maintenance are not located within significant riparian, vista or habitat corridors. 2. Guiding Principles: Water Distribution Lines a. Water meters are located adjacent to driveways and shall minimize impacts on environmental conditions. b. Water lines only cross water channels within street rights-of-way. 3. Guiding Principles: Water Storage Facilities a. Water storage facilities minimize impacts on the surrounding environment. 15 D R A F T b. Tanks are not located on slopes greater than 3:1, 4, Guiding Principles: Wastewater Collection Lines a. Wastewater lines avoid side or rear yard areas and cut or fill slopes. b. Wastewater lines are not located within areas subject to inundation by a 100-year storm flow, unless approved by the Director of Public Works. c. Wastewater lines only cross water channels within street rights-of- way, and only when no other viable solution is available. 5. Guiding Principles: Other utilities a. All utility lines are located within public or private street rights-of- way, but may be located outside of pavement areas. H. Site Planning and Design The site planning and design of development shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of each Planning Area and any adjacent Planning Area, and the introduction of buildings, structures, and landscaping which appear and function as integral parts of the site's natural environment. The following principles describe how the objectives for site planning and design would be fulfilled. ' 1. Guiding Principles: General Criteria ' The following elements are preserved in the site plan to the maximum extent feasible: a. Natural features, environmental functions and cultural features, as determined by the Environmental Analysis. b. View corridors, as determined by View Analysis. Q. The existing and proposed trail system. d. Natural topography. e. Natural vegetation. 16 D R A F T f. Natural water channels and drainage ways g. Significant visual features, such as peaks, ridgelines, rock outcrops, boulder fields, and significant stands of vegetation. 2. Guiding Principles: Design a. Development of Planning Area 5A harmonizes with and does not overshadow Visitors Center. b. Buffers in setbacks fluctuating between 75 to 125 feet (average 100 octeted:d j feet) are developed on properties fronting Highway 111 to screen development from motorists'views. c. Beffers in setbacks LIQare devvelopeduotnatpropertesefronOting Tramwayto 75 feet � vto screen Meted;of development from motorists'views. d. All rooftops in Planning Areas 5 though 8 are screened from highway view using berms, landscape materials and setbacks. e. Passive solar control is incorporated into the architecture. Recessed window and entry openings and deep roof overhangs are examples. I Guiding Principles: Walls and Fences a. Perimeter or property boundary walls and fences are avoided . b. Site walls and fences enclose the minimum area necessary to provide privacy or code compliance (swimming pools, etc.). c. Walls and fences do not cross significant desert vegetation, water channels or significant topographic features. d. Walls are designed to avoid unbroken lines, using undulations, offsets, notches and similar features. e. Walls and fences are screened with landscaping and boulders to minimize visual appearance. 4. Guiding Principles, Lighting a. Exterior lighting fixtures are shielded to eliminate from off-site views of any direct light source. All lighting is directed downward with no up-lighting of landscaping. 17 E D R A F T b Maximum height for commercial, free-standing lighting fixtures is eighteen (18) feet. 5. Guiding Principles: landscaping a. The plant palette for any project is limited to drought-tolerant plants, except as may be approved within a Specific Plan. Invasive plants are not used. b. Landscape lighting is not allowed, except as may be approved within a Specific Plan c. Irrigation is of a non-spray design. d. Turf areas are not visible from street views, except as may be (Ueietedo lawns approved w -----------------. ithin a Specific Plan. 6. Guiding Principles: Energy Conservation a. Comprehensive energy conservation and green builds_ ng principles are incorporated into project design, construction and operation. I, rindings Required for Approval. Any application for development project within the ESA-SP zone may only be approved if, in addition to the findings contained in Section 94,04.00 of the Palm Springs Zoning Code, the following findings are made: 1. The project demonstrates a complete and integrated vision for design, operation and use through the use of exemplary site planning, architecture, landscape architecture, materials and color principles and techniques. 2. The project is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation, 3. The project is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 4, The project will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. 18 D R A F T 5. The project utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species. 6. The project grading will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment. `Deleted:preserve.; 7. The project meets or AXpeeds_open space area re,guirements of this OCICCedaothe maximum extent Section and in accordance with the conservation plan, and adequate assurances l permlped by _ J are provided for the permanent preservation of such areas. S. The project provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rack outcroppings, arroyos, ravines and canyons. 9. The project has been adequately designed to protect adjacent property, with appropriate buffers to maximize the enjoyment of the subject property and surrounding properties. 10. The project will not have a negative fiscal impact on the City or its citizens. SECTION 9, Section 92.21.1.06 is added to the Palm Springs Zoning Code to read: 92.21.1.06. Specific Plan Requirements for Development in ESA-SP Zane. l A. Before any land within a Planning Area may be subdivided pursuant to the Subdivision Map Act (Government Code §§ 66410, et. seq.), a Specific Plan shall be prepared and adopted for the entire Planning Area to provide a comprehensive land use Plan complying with the goals and policies of the General Plan and the requirements of the ESA-SP zone. Each Specific Plan shall include a detailed land use evaluation as ' provided in this Section. An Environmental Impact Report ("EIR") is required for each Specific Plan. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. B. Each Specific Plan shall contain a land use element, a circulation and traffic element (including roadway and trail design and planning), water conservation element, recreation and open space element (including habitat mitigation), public service and infrastructure element (including a fiscal impact analysis of the effects of development on the City), and such other elements as the Council may require. In order to ensure that development within a Planning Area will not have an adverse or negative impact on the City, a Specific Plan can require a Development Agreement to ensure the provision of services and improvements or the payment of fees, charges, or assessments to offset any negative or adverse financial or fiscal effects on the City or its ability to provide services to the future residents of the Planning Area and City as a whole. 19 D R A F T C. Each Specific Plan shall identify those areas within the Planning Area that are to remain as undeveloped open spaces, such as undevelopable slopes and natural landmarks, etc., and which are to be used for game preserve, wildlife corridor,,passive recreational, or open space purposes, may be offered, through dedication, to a governmental jurisdiction, or to a not-for-profit land trust, conservancy, or similar organization whose charter allows for the ownership of development rights which will preserve the natural open space in perpetuity. In the event the public agency, or City, or land trust, conservancy, or similar organization does not accept such an offer (of if such an offer is not made), the Specific Plan shall provide regulations for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as separate parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. Where appropriate, maintenance in perpetuity shall be guaranteed through the bond of the developer or continuing funding by the developer's successors. D. A Specific Plan for a Planning Area within the ESA-SP zone may only be approved if, the following findings are made: 1. The development provided in the Specific Plan is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation; 2. The development within the Specific Plan is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 3. The development provided in the Specific Plan will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. 4. The development provided in the Specific Plan utilizes landscaping materials, including berms, boulders and plant materials which, insofar as • possible, are indigenous and drought-tolerant native species 5. The grading of land within the Specific Plan will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring • effects of grading on the natural environment. 6. The Specific Plan preserves open space areas to the maximum extent permitted by this Section and in accordance with the conservation plan, and adequate assurances are provided for the permanent preservation of such areas. 20 D R. A F T 7. The Specific Plan provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. 8. The development provided in the Specific Plan has been adequately designed to protect adjacent property with appropriate buffers to maximize the enjoyment of property within the Specific Plan and surrounding properties. 9. The development provided in the Specific Plan will not have a negative fiscal impact on the City or its citizens. SECTION 10. Section 94.21.1.07 is added to the Palm Springs Zoning Code to read: 94.21.1.07 Transfer of Density The purpose of this Transfer of Density section is to maximize the preservation of open space, significant views, and other valuable characteristics of property within the ESA-SP zone by allowing the re-distribution of development rights among properties and between Planning Areas. A. Transfer Between Properties Within any Planning Area, allowed development density — residential units and commercial floor area -- may be transferred from any one property to another with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to approval of a Specific Plan. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. B. Transfer Between Planning Areas Between any Planning Areas, allowed development density — residential units and commercial — may be transferred with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to approval of a single Specific Plan for all Planning Areas subject to the transfer. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. C. Density Transfer Performance Standards 1. Density transfers shall not be allowed to Planning Areas 1, 2, 3, 4, 6, or 7. 2. Density transfers to Planning Areas 5„8, or 9 shall only be allowed from IDeleted:7 Planning Areas 1 through 9 inclusive 21 L _ 7`3, D R A F T 3. For any receiver site, the applicable Specific Plan shall be prepared to include an amendment to the applicable permitted land use densities of the Palm Springs General Plan. SECTION 11. Legislative Intent. The purpose of this Ordinance is to implement the goals and policies of the General Plan and to achieve the following objectives for all environmentally sensitive areas: A. To allow a limited amount of development while preserving to the greatest extent possible the mountain vistas and open space which provide the foundation for the City's standing as a world class resort and retirement destination; B. To maximize compact growth, thereby maximizing natural open space and protecting against the resultant adverse impacts, such as air, noise, and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecology and environment; C. To protect and conserve hillside ecosystems, through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; D. To maximize the retention of the City's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcrops, view corridors, and scenic vistas, through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape, E. To assure that use of the City's natural topographic features for development will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of any development use; F. To ensure the safety of the public, and to ensure that the placement, density, and type of development within the City's Environmentally Sensitive Areas is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, and that the natural site characteristics will be retained wherever practicable; and G. To minimize the scarring effects of excessive grading for roads, building pads, and cut and fill slopes. 22 D R. A F T SECTION 12. CEQA Finding. The City Council hereby finds that there is no evidence, in light of the whole record before the City, that the adoption of this Ordinance may have a significant effect on the environment. The City Council further finds that this Ordinance establishes densities and intensities of use that are less intense or dense than those provided in the adopted General Plan for the City and which were covered adequately by the prier environmental impact report prepared in conjunction with the adoption of the General Plan. In addition, the regulatory processes as provided in this Ordinance involve procedures for the protection of the environment and will assure the maintenance, restoration, enhancement, and protection of the environment which exceed the processes and procedures provided in the current General Plan and the City's Zoning Code. Specifically, this Ordinance requires detailed environmental analysis to be prepared when or if specific plans are proposed for Planning Areas and such deferral of environmental review to the time a specific plan is proposed is consistent with the requirements of 14 California Code of Regulations Section 15133. SECTION 13. Aaplication and Grandfathering. This Ordinance shall not apply to any project which has been previously approved by the City or its constituent boards, commissions or officials so long as such approvals remain valid, nor shall it apply to any application for discretionary land use development entitlements, zoning variances, or where the Director of Planning Services has, prior to the effective date of this Ordinance, scheduled a complete application for consideration by the applicable legislative body of the City for public hearing and possible action. SECTION 14. Annexation Policy. In order to ensure consistent application of the policies and of this Ordinance in all environmentally sensitive lands within the sphere of influence of the City, including lands within the unincorporated areas adjacent to the City, the Council determines that it shall be the goal of the City to bring all unincorporated land lying along Highway 111 from US Interstate 10 to Tramway Road under the jurisdiction of the City of Palm Springs and to apply the regulations of this Ordinance to such areas, and accordingly the City shall vigorously pursue annexation of such areas. SECTION 15 Liberal Construction. The provisions of this Ordinance shall be liberally construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and convenience. SECTION 16, Severability. It is the intention of the City Council that the sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 17. Publication. The Mayer shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary 23 L �1� D R A F T thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Continued on next page 24 c? D R A F T PASSED,APPROVED, AND ADOPTED this`day of July, 2006 AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form, Douglas Holland City Attorney ' 25 i Proposed Policy Questions from Council members for Chino Cone Ordinance (as of August 21, 2006) -- Environmental Sensitive Areas — Specific Plan Zone Page 4 — 92.21.01.C.1. Shopping Centers not intended for this site. Replace "not intended" with "not permitted", Page 4 — 92.21.1.02.E. Uses Prohibited — Equestrian Facilities. Allow Equestrian Facilities. Page 11 — 94.21.1.05.D.8. All utility lines are located underground. Delete: "...or screened from public view in a manner that represents natural desert landscaping.` Page 11 — 94.21.1.05.D.17. The forms of buildings, structures and other improvements are not repetitive, but respect and interpret the forms of the surrounding landscape and present a custom design appearance. No less than xx% of lots shall be developed as individual custom-designed projects. Page 12 — 94.21.1.05.D.20. The landscaping shall conform to the approved giant palette, as adopted by City Council. ADD Page 12 — 94.21.1,05.D.21. No gates or monument signs shall be allowed ADD Page 12 — 94.21.1.05,D.22. No curbs and putters shall be allowed. ADD Page 12 — 94.21.1.05.D.23. At least one nature interpretive center in each Planning Area shall be provided as part of the development of the public trails system. ADD Page 12 — 94.21.1.05.D.24. Posting of bond. The developer shall post bond or other security in an amount approved by the City Engineer and in a form approved by the City ,Attorney to assure that its grading and grubbing activities will be undertaken in conformity with these provisions. The amount of the security shall be no less tha fifty percent (50%) of the cost of the grading work ADD Page 12 -- 94.21.1.05.D.25. Enforcement Anvperson who fails to protect the natural terrain. defaces grades grubs scars or toerhwise disrupts the natural terrain without Prior City approval of plans for such work or fails to carry out work consistent with such plans subiect to this Chapter, shall have created a public nuisance which shall be abated. Abatement may include the property owner undertaking the restoration (under City supervision and monitoring) or that failing City-contracted restoration of the disrupted area. The property owner shall be chared the full cast of the restoration ADD Page 12 — 94.21.1.05.E.1.a. New development is designed to follow existing slopes and contours. — Piave to mandatory standards. Proposed Policy Questions from Council members for Chino Cone Ordinance(as of August 21.2006) Environmental Sensitive Areas—Specific Plan Zone Page 2 of 3 Page 12 — 94.21.1.05.E.1.b. Cut-and-fill techniques to create flat development pads is avoided. — Move to mandatory standards; replace "avoided" with "prohibited". Page 14 — 94.21.1.05.F.i.f Street and site plan layout avoid„ single-loaded streets (double-frontage lots). Streets serve lots on both sides (single„frontage lots) unless site cross-sections and a detailed sloe analysis demonstrate that single-loaded streets more closesly (follow natural terrain. ADD Page 14 -- 94.21.1.05.F.2.a. Minimum public street widths are 24 feet with no on-street parking. Off-street guest parking is located and provided in sufficient numbers to support the project.. Replace "24 feet" with 18 feet". Page 16 — 94.21.1.05.G.3.b. Tanks are not located on slopes greater than 3:1. — Move to mandatory standards. Page 16 — 94.21.1.05.H.1. Guiding Principles: General Criteria. The following elements are preserved in the site Plan to the maximum extent feasible:... Delete: "...to the maximum extent feasible." Page 17 -- 94.21.1.05,H.3.a. Perimeter or property boundary walls and fences are avoided. — Move to mandatory standards: replace "avoided" with "prohibited". Page 18 — 94.21.1.05.H.5.a. The plant palette is limited to drought-tolerant plants, except as may be approved within a Specific Plan. Invasive plants are not used. Replace with mandatory_standard to use Council-approved plant list (see above). Page 18 — 94.21.1.05.H.5.b. Landscape lighting is not allowed, except as may be approved within a Specific Plan. -_Move to mandatory standards. delete "except as maV be approved within a Specific Plan". Page 18 — 94.21.1.05.H.5.d. Turf areas are not visible from street views, except as may be approved in with a Specific Plan. — Move to mandatory standards: delete "except as may approved within a Specific Plan". Page 20 -- 92.21.1.06.D.4. The development provided in the Specific Plan utilizes landscaping materials, including berms, boulders and aaproved plant materials which, insofar as possible, are indigenous and drought-tolerant native species. — Additional language based on use of Council-approved mandator lant list (see above) Page 21 — 94.21.1.07.A. Transfer Between Properties Within any Planning Area, allowed development density -- residential units and commercial floor area — may be transferred from any one property to another with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to Proposed Policy Questions from Council members for Chino Cone Ordinance (as of August 21, 2006) Environmental Sensitive Areas—Specific Plan Zane Page 3 of 3 approval of a Specific Plan. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. Eliminate bonus incentive by replacing "...with a bonus of 1.2 units at the receiving site for even+ unit from the sending site,.." with "...on a one-to-one basis...". Page 21 — 94.21.1.07.X Transfer Outside Planning Areas From anv Planning Area, allowed development density — residential units and commercial may be transferred to anV lot within the Cihf of Palm Scorings Palm Springs with a bonus of 1.2 units at the receiving site for every unit from the sending site subject to approval of a Specific Plan for the Sending Planning Area and for the Receiving site. Density transfers shall be reviewed for the effect of such transfers on increasing open space preserving views minimizing grading or other land disturbance and reducing the expenditures for public services to the development and to the impacts an the receiving site. ADD Page 21 — 94.21.1.07.C.1 Density transfers shall not be allowed to Planning Areas 1, 2, 3, 4, 6, or 7. — Delete Planning Areas 1 and 4 from list of prohibited receiving sites ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY CITY OF PALM SPRINGS INITIAL STUDY 1. Project title: Environmentally Sensitive Areas-Specific Plan (ESA-SP) Zone 2. Lead agency name and address: City of Palm Springs 3200 East Tchquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Craig A. Ewing, AICP, Director of Planning Services (760) 323-8245 4. Project location: City-wide 5. Project sponsor's name and address: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 6. General plan designation: Various-Project location is City-wide 7, Zoning: Various-Project location is City-wide 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is an amendment to the Palm Springs Municipal Code to establish a new zone called the "Environmentally Sensitive Areas - Specific Plan (ESA-SP) Zone" and apply it to certain properties within the City of Palm Springs. The new ESA-SP Zone establishes development criteria, including requirements for preparation of Specific Plans; permitted and conditionally permitted land uses; density and intensity limitations; setbacks, height and other development standards; guidelines for project design and implementation; and provisions for density transfer. As applied to certain properties in the Chino Cone and surrounding areas as part of the project, the new ESA-SP zone would replace existing zoning and development standards with new standards. No physical changes and no construction would result from adoption of the ordinance. Environmentally Sensitive Areas--Specific Plan(ESA-SP)Zone/Initial Study (9 September 2006 ` Page 1 of 22 l CC 11 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Adoption of the project would establish a new ESA-SP Zone within the Palm Springs Municipal Code, which applies City-wide. The project also amends the Palm Springs Zoning Map to apply the ESA-SP zone to certain properties in the Chino Cone and surrounding areas. These areas are generally characterized as open space at the north end of the City of Palm Springs, including alluvial fans of slope less lhon 15%, steeper mountains of slope greater than 30% and floodways. No physical changes will result from adoption of the ordinance or its application to these properties. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/initial Study September 2006 l r)d7 ? Page 2 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)TONE/INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be polenlially affected by this project, involving at least one impact that is a "Potenliolly Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Environmentally Sensitive Areas W Specific Plan(ESA-SP)Zone/initial Study 6 _ September 2006 .SI M' t7n�,� Page 3 of22 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the ® environment. Further, the project is CATEGORICALLY EXEMPT under Section 15308 of the State Guidelines for the Implementation of CEQA. 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Septem_ber 1,2006 Craig A. Ewing, AICP Date Director of Planning Services • Environmentally Sensitive Areas—Specific Plan(FSA-SP)Zone/Initial Study } $ September 2006 0 r)7 e� Page 4 of 22 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses,"as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. I b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporaled," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Environmentally Sensitive Areas—Specific Plan(ESA-Sp)Zone/Initial Study L L)rn?u� Septemberpage 5of22 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if ony, to reduce the impact to less than significance t Environmentally Sensitive Areas--Specific Plan(ESA-SP)Zone/Initial Study J a September 2006 „ � °? Page 6 of 22 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY Less Than " 'Significant Potentially With "Less Than Significant Mitigation ' Significant Impad ,"InCorpomted Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ Elvista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ El ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ❑ views in the area? a-d) No Impact. The project amends the existing Municipal Code and establishes more restrictive criieria for evaluating future projects on aesthetic issues. Provisions in the new ordinonce require the assessment of visual resources and require that the design of projects minimize visual impacts related to offsite views, scenic resources and the visual character of the area. Increased setbacks from local and stale highways are required io minimize views of future development. Standards and guidelines to limit lighting and glare are included in the proposed project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/initial Study September 2006 (90 lt„l� Page7ofz2 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY . Less Than . Significant . Potentially With Less Than �i . `'Significant Mitigation •significant' 'Impact' ''Incorporated Impact No lmpacl II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ r nature, could result in conversion of Farmland to non-agricultural use? a-c) No Impact. The project omends the existing Municipal Code and establishes more restrictive criteria for converting undeveloped land, including any agricultural lands, into developed land. The properties to which the ESA-SP Zone will be applied have not been designated [his area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No Williamson Act Contracis are located within the affected properties no in the immediate vicinity of the properties subject to the ESA-SP Zone. Implementation of the proposed project would, therefore, not result in conversion of farmland to non- agricultural uses. No Impacts to conversion of agricultural land will occur. ....,, Environmentally Sensitive Areas—Specific Plan(ESA-Sp)Zone/Initial Study September 2006 Page 8of22 ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY significant, Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact, III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an El Elapplicable federal or state ambient air quality El 0 standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? The Air Quoldy analysis is based on a report by Endo Engineering (Appendix A). a-e) No Impact. The project amends the existing Municipal Code and establishes more restrictive criteria regarding the development of land. The project would result in development intensities that are lower than what is allowed under the current Zoning and General Plan land use designations. The Palm Springs General Plan is the basis for the AQMP emissions inventories, which is a key underlying assumption associated with the AQMP. Projects that are consistent with local General Plan land use development intensities are considered consistent with the air quality related regional plans including, the current AQMP, the Coachella ValleyPMio SIP and other applicable regional plans. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/initial Study S�eptember 2006 �)f) Page 9 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN (ESA-SP)ZONE/INITIAL STUDY Less Than Significant Potentially With Less Than 'Significant Mitigation Significantt Impart Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special El El Elstatus species in local or regional plans, policies or regulations, or by the California Department of Fish and Came or U.S. Fish and wildlife 5ervice? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ to, marsh, vernal pool, coastal wetlands, etc), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of • native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a-f) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and applies this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, including provisions for minimizing biological impacts. No physical changes would result from approval of the project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study 90D September 2006 Page 10 of 22 ���j. � ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE I INITIAL STUDY „ .,. Less Than e Significant • '' ''• ' ,Potentially 'With Less,Than Significant Mitigation Significant Impact Incorporated' Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ Significance of an archaeological resource pursuant to " 15064,57 c) Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a-d) No Impact. The project amends the existing Municipol Code to eslablish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning. No physical changes would result from approval of the project. Provisions in the new ordinance require the assessment of cultural resources and require thot the design of projects minimize impacts related to any cultural resources. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study f cy September 2006 S-Jj Page 11 of22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN (ESA-SP)ZONE/INITIAL STUDY Less Than ' Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as t delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the ' State Geologist for the area or based on other ❑ ❑ ❑ i substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ' ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including ❑ ❑ Elliquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ Eltopsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ IR site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? a-e) No Impact. The project amends the existing Municipol Code to establish the ESA-SP zone and applies this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, including provisions for minimizing geological, soils and seismic impacts. No physical changes would result from approval of the project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study September 2006 [L1�11 Page 12 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY Less Than Stgnlficant Potentially Will) , tetss Than ' Significant Mitigation significant' Impact Incorporated Impact, No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste ❑ El Elwithin one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ El ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a-h) No Impact. The project amends the existing Municipal Code to establish the ESA-Sp zone and apply this zone to ceriain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning. No physical changes would result from approval of the project_ Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/initial Study �� September 2006 '�`T ��r Page 13of22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE I INITIAL STUDY 1 , .. Less Than 'Significant Potentially With Less Than Significant , ,'Mitigation,' . Significant ,.Impact ,IncorpUrated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table El ❑ ❑ level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures El ❑ Elthat would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a-j) No impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning,including provisions for minimizing hydrological, water quality, and flooding impacts. No physical changes would result from approval of the project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/initial Study September 2006 ��� Page 14 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE I INITIAL STUDY . 'Less Than Significant 'i Potentially with Less'Than Significant Mitigation Significant ` Impact Incorporated Impact Nolinpact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? i a-c) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the developmenl of land than current zoning, including provisions for minimizing land use and environmental impacts. No physical changes and no conflict with any conservation plan would result from approval of this project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study September 2006 Page 15 of 22 ° C Its ENVIRONMENTALLY SENSITIVE AREAS-SPECIFIC PLAN (ESA-SP)ZONE/INITIAL STuDY "Less Than . .. Significant . � Potentiallyi wilh Less Than ''1 Significant, Mitigation Significant, . Impact Incorporated Impact �,Np lmpact' X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important El El 0 mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes i more restrictive criteria regarding the development of land than current zoning, including provisions for minimizing mineral resource impacts. No physical changes would result from approval of this project. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study _ September 2006 Page 16 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN (ESA-SP)ZONE/INITIAL STUDY Less Than Significant Potentially with, Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local ❑ ❑ ❑ general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or El ❑ ❑ working in the project area to excessive noise levels? a-f) No Impact. The projecl amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, which would result in reduced short-and long-term noise impacts. No physical changes would result from approval of this projecl. Environmentally Sensitive Areas--Specific Plan(ESA-SP)Zone/Initial Study September 2006 `7C�i'�s" Page 17 of 22 r _ 7 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INIr1AL STUDY •r Less Than. , Significant . ".Potentially '' . With , , Less Than, "significant 'Mitigation Significant ,.Impact Incorporated Impact' No Impact )(II. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and ❑ ❑ ❑ businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a-c) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, reducing allowed densities. No physical changes would result from approval of this project and no displacement of existing populations would occur. Environmentally Sensitive Areas--Specific Plan(ESA-SP)Zone/initial Study September 2006 n Page 18 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE I INITIAL STUDY Less Than, Significant Potenlidlly With Less Than Significant Mitigation Significant Impact Incorporated Impact Nolmpacl XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ a-e) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, reducing allowed densities. No physical changes would result from approval of this project and no increased demand for public services or facilities will occur. Letts Than, . Significant ' Poicntially With Less Than , 'Significant Mitigations Significant Impact, Incorporated Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zonir)g, reducing allowed densities. No physical changes would result from approval of this project and no demands for additional recreation facilities would occur. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study L September 2006 •�,,,,�,,. Q�10,1 Page 19 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY n „ Less Than Significant Potentially' with Less Than " 'Significant ' Mitigation Significant Impact ' Incorporated Impact No Impact XV. TRANSPORTATION/TRAFFIC, Would the project a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ ❑ ❑ increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at i intersections)? b) Exceed, either individually or cumulatively, a level i of service standard established by the county congestion management agency for designated ❑ ❑ roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ t location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g„ (arm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ fl Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle racks)? a-g) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, reducing potential transportation and traffic impacts. No physical changes would result from approval of this project and no transportation or traffic hazards, capacity impacts or conflicts with existing plans or programs would occur. Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study September2006 •,,,-�M,,r -7` "-'"� Page.20of22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY LesS Than o Significant Potentially; With Less Than Significant ,Mitigation' Significant Impact ., Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project; a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ❑ existing facilities', the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause ❑ significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state and local statutes and ❑ El Elregulations related to solid waste? a-g) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, reducing potential wastewater, storm drainage, water and solid waste impacts. No physical changes would result from approval of this project and no utility or service system impacts would occur. .w, Environmentally Sensitive Areas—Specific Plan(ESA-SP)Zone/Initial Study September 2006 Page 21 of 22 ENVIRONMENTALLY SENSITIVE AREAS—SPECIFIC PLAN(ESA-SP)ZONE/INITIAL STUDY Less Than . Significant with Potentially Mikigaliou, 'Less Than ., significant Incorporate Significant Impact d, Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the r quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish r or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ beings, either directly or indirectly? a-c) No Impact. The project amends the existing Municipal Code to establish the ESA-SP zone and apply this zone to certain undeveloped properties. The ESA-SP Zone establishes more restrictive criteria regarding the development of land than current zoning, reducing polential cumulative environmental impacts. No physical changes would result from approval of this project and no degradation of the environment nor would adverse effects on human beings occur. Environmentally Sensitive Areas-Specific Plan(ESA-SP)Zone/Initial Study `, September 2006 - 0P')�-"2 Page 22 of 22 Yhs` I i Jay Thompson "FOP,,%L From: Dana Stewart [abccdana@yahoo-comj ilu 2' csa Sent: Monday, August 21, 2006 5:13 PM To: Ginny Foat; Ron Oder; Steve Pougnet; Chris Mills; Mike McCulloch; David Ready;jay racifpa3ME;?;;. springs.ca.us; Lee Husfeldt Subject: Wells Fargo finances LEED buildings -Comments on the CC Ordinance Dcar Mr. Ewing, Council and Staff, You will find the comments for the Regulations for the Chino Canyon and other Environmentally Sensitive Areas, from the PSPC, are attached. Thank you for your consideration. We will look forward to your reply. All the best, Dana L. Stewart Also, the article below should be of interest. Dear City officials and Staff; Here is one of the multitude of articles on just how mainstream eco-development is- We ask, again, for a presentation to the city before development ordinances, and the like, are proposed for consideration and/or voted upon. This particularly applies to the destruction of our heritage, and the destruction of our magnificent mountains and canyons setting. It is in the interests of our lucrative tourist industry for you to consider the fiscal and physical benefits of eco-development and eco-preservation. Please, also go to the Eco-structure magazine websitc. Of particular informative value is the April 2006 issue's article on eco-preservation called, "Grand Reuse", and consider mandating de-construction and salvage techniques, keeping original fascades, and enhancing the identity and history of our town. Please see the important article where the Dept. of Energy (DOE) and Goldman-Sachs announce that "Solar Enters the Mainstream" . Contrary to Mr. Mill's statement, there are non-reflective solar panels . As eco-developers, we have them, and MT. Mills, the Planning Connnissioners, and Staff, need to keep pace with the industry. The Eco-structure website has an inspiring and extensive bank of information. Please reconsider making any ordinances until you have become more informed about just how lucrative it is to "go eco". These policies are vital to the health and safety of the citizens, and they go a long way to prepare us to survive a number of crises to which we are prone. They also enhance, not diminish, our tourist appeal, so vital to our revenues. Just how did that ugly housing development called Mountain Gate get it's shoddy foot in the door to trash our grand entrance? This is NOT up to Palm Springs quality standards. So many of us are still devastated by the destruction of 4 decades of our history with the Rael project. Among them were the original 1935 bungalow, from the pinnacle of Hollywood glamor's discovery of Palm Springs, when Clark Gable hung out here, and got an Oscar for "Gone With the Wind"; an original 1940's hotel, form the time when "Everyone's Jumpin' Daum in Palm Springs" as seen on the trailers on Channel 17; and a similar design to City Hall,by Frey, from the 50s and 60s. The Historical Site Preservation Board was not allowed the time to explore the sites and to upgrade its status for r-' 8/22/2006 preservation. Thank you for your attention to this info opportunity. We are sure you will find it very helpful. Meanwhile, we will be malting comment on the Chino Canyon Ordinance, and sincerely hope that you will review and inform yourselves as to the many benefits oCthe eco-development of the Chino Canyon before you vote. We are also preparing a list of websites for you to explore, understand, and plan for, our particular environmental concerns, and the many, many solutions available. As Lee Iacoca once said, "Business is a wholly-owned subsidiary of the Environment." Our slogan is, "A Good Ecology Equals A Good Economy". Please contact us for any enquiry, or anything you i may like to explore in your approach to sustainable smart development. i All the best, i Dana L. Stewart and James F. McKinley (760) 864-4181 II i Wells Fargo Finances 12th LEED Certified Building Source: LOHAS Weekly Newsletter 08/18/2006 Author: Wells Fargo & Company Wells Fargo & Company (NYSE: WFC), said it recently completed financing for its 12th building that will undergo the Leadership in Energy Efficiency and Design (LEED) certification program. LEED is a voluntary, consensus-based green building national standard developed by the U.S. Green Building Council for constructing high-performance, sustainable buildings. "As part of our Company's 10-paint environmental commitment, we're eager to support our customers as they build energy efficient buildings," said Paul Brumbaum, senior vice president and high-performance building advocate at Wells Fargo. "LEED buildings are both good business and good for the environment, and we strongly encourage this growing activity in our real estate lending businesses." Most recently, Wells Fargo provided a $225 million first mortgage loan to affiliates of The JBG Companies for building and refinancing a 460,000 square-foot office complex in Washington, DC, a block north of the U.S. Capitol. The complex consists of 51 Louisiana Avenue, an existing 205,000 square foot Class A office building, and 300 New Jersey Avenue, a to-be-built 255,000 square foot Class A building, which is expected to earn LEED certification based on qualities such as: . Green roof and storm water management . Water efficient landscaping . Increased ventilation effectiveness . Use of low-emitting materials and solar . Built-in recycling areas within buildings 8/22/2006 The buildings will be connected with a ten-story glass atrium with sky bridges at multiple levels. The atrium and 300 New Jersey Avenue were designed by Lord Richard Rogers. Jones Day occupies 100 percent of 51 Louisiana and has signed a lease to occupy approximately 60 percent of 300 New Jersey Avenue. "We commend Wells Fargo for advancing the green building movement," said Rick Fedrizzi, President, CEO & Founding Chair of the U.S. Green Building Council. "The Wells Fargo LEED buildings will serve as outstanding LEED examples in their communities and Wells Fargo's leadership will inspire other organizations to follow in their footsteps." The other eleven LEER buildings Wells Fargo funded in the past few years are located throughout the US and range in financing from $11 million to $130 million and include high-rises, medical offices, service centers, apartments and condominiums. Wells Fargo is a national leader in commercial real estate with more than $30 billion in originations annually and 40 offices nationwide. Wells Fargo provides lending, servicing, advisory, intermediary, and structured solutions to a broad spectrum of investors, developers, and public companies in the commercial real estate sector. Wells Fargo & Company is a diversified financial services company with $500 billion in assets, providing banking, insurance, investments, mortgage and consumer finance to more than 23 million customers from more than 6,200 stores and the internet (wellsfargo.com) across North America and elsewhere internationally. Wells Fargo Bank, N.A. is the highest credit-rated bank in the U.S., receiving an "A" by Moody's Investors Service, "its top credit rating" and "AA+" by Standard & Poor's Ratings Services. ------------------------- All messages are considered confidential. If you are not the intended recipient of this message, please delete it and any attachments or files included In this message, and contact Dana L. Stewart by telephone at (760) 864-4181, All information included here is protected by local, state, federal, and international law. Thank you for your cooperation. Want to be your own boss? Leam how on Yahoo! Small_Business, How low will we go? Check out Yahoo! Messenger's low PC-to-Phone call rates. )o you Yahoo!? ?veryone is raving about the all-ncly Yahoo.l_Mai L 0c),=a 8/22/2006 ri To: From: Craig A. Ewing, AICP r:i� a. p The Palm Sp rin s Public Counsel �KO 1-uJ cz . u u g Director of Planning Services Dana L. Stewart, Agent for Service City of Palm Springs J is i c;i i ; - 2260 N. Farrell Drive 3200 E. Tahquitz Canyon Way CITY C"U,'_ Palm Springs, CA 92262 Palm Springs, CA 92262 (760) 864-4181 (760) 323-8245 Dear Mr. Ewing, August 21, 2006 Re: Draft Regulations for the Chino Canyon and other Environmentally Sensitive Areas. The following pages describe the review of the Palm Springs Public Counsel (PSPC) and their environmental and eco-development consultants. It is our considered opinion overall that the intent to transfer density from one parcel to another on the Chino Canyon is a worthy motivation. However, in reviewing the details of the Ordinance, there are a number of procedures that undermine the aim to protect the landscapes and the views. There are many worthwhile procedures, but there are, also, many health and safety issues that would be adversely impacted by such dense development on eco-sensitive lands, which is what we have highlighted here, along with i enquiries for further information and discussion. i It would be advisable to consider density transfers that completely remove such mass development off the alluvial fan altogether. These geographical features perform a critical role in the replenishment of our aquifer, and the preservation of endangered species. In this era of global warming, it would be foolhardy to squander our threatened water resources, and to further damage eco-systems. We also recommend a thorough exploration of the many fiscal and physical benefits of eco-development to the landowners, the City, and the well-being of the citizens. Its benefits will be presented to the City by numerous groups very soon, and we urge that the decision to implement the Ordinance be delayed until City officials and the public are fully informed. PSPC ECO-DEVELOPMENT REVIEW Page 2, Section 2: The referenced code, Section 91.00.00 of the Zoning Code, is not described to allow comparison. (?) Page 2, Section 3D: We do not agree that section 94-03.00 should be modified to permit any increase to the density or intensity of development. This is an avoidance of, and a loophole for, the current conditions, which we think can be resolved in other ways. Page 3, Section 4, Items B2 and 4: We do not agree that multiple-family residential units are suitable to the Chino Canyon and other hillsides. Page 3, Section 4, Item 613: Golf courses, driving ranges, tennis and swimming facilities are not appropriate for conventional development on eco-sensitive lands. Page 4, Section 6: We do not agree with several items for the uses permitted under 92.21.1.01B. Page 5, Section 4, Item E1 a The provisions of section 92.01.00 have not been provided for comparison. (?) Page 6, Section 6, Item F: We disagree with minimum distances between buildings at 15ft. The distances should be greater, and should be revisited. Page 6, Section 6, Item G: The provisions of section 93.02.00 and 94.21.1.06.F.3 are not available for comparison. (?) i i Page 6, Section 6, Item H. The provisions of section 93.05.00 are not provided. (?) Page 6, Section 6, Item I: The provisions of section 93.06.00 are not provided. (?) Page 6, Section 6, Item J: We are in disagreement with almost half of the provisions of section 94,21.1.05, found on pages 8 through 19. The uses subject to a Specific Plan do not take into account the probable profit of eco-development of the Chino Canyon. Therefore, not all information is available to the City or the planners for such momentous decisions. Without being fully informed, voting for this plan would be negligent and completely irresponsible. Page 6, Section 7, Item A, There is no explanation for the Specific Plan to include "no less than 10 acres"for Planning Area 3. (?) Page 7, Section 7, Item B1: The chart describing minimum open space as undeveloped at 35% should be a minimum of 75% on eco-sensitive lands. This is a major factor. Such density is unacceptable as too dense, too intrusive on the landscape, and a degradation of the percolation value of Chino Canyon to our aquifer. You are designing the doorknobs before you know that you can pour the slabs. Page 7, Section 7, Item 132: That undeveloped open space shall include all lands with slopes in excess of 30% is unwise. In view of the recent expert opinion given to the City, of land destabilization over a 10% slope, a more modest maximum slope must be determined, perhaps at 20% Page 7, Section 7, Item B3 and 4: Floor areas and open space calculations must include manmade facilities, patios, garages, carports, roads, golf courses, water features, et cetera. Not to do so, would be a sneaky way to allow high density on eco-sensitive lands. Page 7, Section 7, Item 65: Common facilities must also be included in the floor area for commercial spaces for the same reasons as highlighted above. Page 7 and 8, Section 7, Item B6, A - G: As Planning Area 5A, concerns the Visitor Center, which is a Class 1 Historic Site, any modification or obstruction must be seriously considered, and no Specific Plan can alter this site's protection. Page 8, Section 7, Item B6 H: As stated section 94.21.1.03 is highly flawed. CY7 +,f Page 9, Section 8, Item A: (Code section 94.21.1.05 ) 1. Geologic Conditions: Land- destabilization over a 10% slope on the Chino Canyon must be taken into consideration. 8. Flora and fauna habitat corridors cannot be altered or intruded upon. 12. Existing development is minimal (this seems to be a subjective matter of opinion and needs to be defined. The plan for the removal, or other treatment, of boulders causes a significant disruption to the landscape and air quality pollution, as demonstrated by the Tuscany Heights project and its sewer installation on Racquet Club Road. An absolute minimum of grading should be strictly defined and enforced, and truck trips kept to a minimum. The degradation of air quality from these activities is significant to both wildlife and current property owners and residents. Page 10, Section 8, Item B1: Most areas scheduled for development will be visible from Hwy. 111 and the Tramway Road. Sewer installation and berms should be prohibited due to massive disruption of the landscape and views. Plans for any development must be shown in their exact setting. Unfortunately, the minimum and maximums discussed throughout this draft are not quantified and would be highly subjective: Page 10, Section 8, Item D2: The word "significantly" should be removed. Page 11, Section 8, Item D3. Has a Master Plan of drainage been devised and what is Its status? Page 11, Section 8, Item D12: Large water storage facilities should prohibited. Page 11, Section 8, Item D14: No sewer lines should be allowed to be excavated, and certainly not including easements for full vehicular access. Page 11, Section 8, Item D16: There is non-reflective solar available, and eco- development, LEED or other green building standards, that should be required. Page 12, Section 8, Item E1 b: Cut and fill techniques should be prohibited, not merely "avoided". Page 12, Section 8, Item E1e: The experience, as witnessed with Tuscany Heights Estates on the Chino Canyon, demonstrates that massive removal and piling of boulders into berms is dangerously unacceptable, and destroys the spectacular views. Page 13, Section 8, Item Egg and h: Again, cut and fill should be absolutely prohibited. Page 13, Section 8, Item F: Pavements crossing natural slopes and contours should be prohibited not merely"minimized". Page 13, Section 8, Item F12: Streets cannot divert wildlife corridors or any historical drainage patterns. Page 13, Section 8, Item F1d: Excavations and embankments should be prohibited. Page 14, Section 8, item F2b: Road shoulders should not be allowed to be increased. 0r7S Page 14, Section 8, item F2f and g: No cut and fill slopes should be allowed. Page 15, Section 8, item G: It will be impossible to allow sewer lines and utilities to be installed due to the massive disturbance of the underlying land forms, topography and surface environments. Page 15, Section 8, Item G3: Large water storage facilities should be prohibited. Page 16, Section 8, Item G3b: No thanks, No tanks. Page 16, Section 8, Item G4b: No approval whatsoever should be granted in the Chino Canyon as the entire area is subject to inundation by a 100 yr storm flow. The Director of Public Works cannot change this fact. i Page 16, Section 8, ItemG5a: Utility lines may not be located outside of pavement areas. Page 17, Section 8, Item H2c: Buffers and setbacks should be a minimum of 75 - 100 ft fronting the Tramway Road. Page 17, Section 8, Item H2d: Obstruction of views, from Hwy. 111 and the Tramway Road, by the berms would be just as objectionable as walls, and should be prohibited. Page 17, Section 8, Item H2e: Passive and active solar control should be required- Page 18, Section 8, Item H4b: Tall, free-standing lighting fixtures should be prohibited. Page 18, Section 8, Item H5d: Lawns should not be allowed on the Chino Canyon and all poisonous landscaping products should be banned to protect our aquifers. Page 18, Section 8, Item 13: Protection of wildlife corridors, water courses, and ridgelines must remain unobstructed and unaltered. Page 19, Section 8, Item 16: The words "avoided to minimize " should be changed to read "prohibited to eliminate" in regard to the scarring effects on the natural environment. Page 19, Section 8, Item 17: The maximum extent of open space areas is severely inadequate at 35%. A minimum of 75% should be required. Page 19, Section 8, Item 110: This is a totally false and misleading statement. Massive projects and high density in Chino Canyon and its impact on our national monument would exact a heavy cost to our City's tourism industry. Page 19, Section 9, Item A: All challenges to BIRs must be resolved before approvals or permits can be allowed. Page 19, Section 9, Item B: Regarding habitat mitigation and fiscal impacts, the payment of fees or assessments to mitigate negative or adverse financial or environmental effects, are not acceptable. It is rare that such damage can be mitigated. 0r)7)Ell Page 20, Section 9, Item C: This section regarding land conservancy should be the driving force for the entire Ordinance. Page 21, Section 10, Item B2 and 3: The density transfer between Planning Areas must also preserve the views. This will be impossible if denseb development will be along Highway 111, despoiling our grand entryway, and obstructing the views of the canyons. Page 21, Section 9, Item D9: We repeat: Dense development on the Chino Canyon will have a negative fiscal impact on our National Monument, the City, and its citizens. Page 22, Section 11, Item A: The words "limited" and "to the greatest extent possible" are highly subjective terms. Development needs to be very strictly adhered to on eco- sensitive lands. The Specific Plans seem to be another version of PDDs, which have already been overused and abused, to the detriment of the citizens of the City. Eco-tourism is growing in our area, and density development would adversely affect the City's standing as a world class resort. Page 22, Section 11, Item B' Maximizing compact growth, especially if the density transfer increases the density of building, will still result in the adverse impacts, i.e., air, noise, and water pollution, and traffic congestion, which you are trying to mitigate with these transfers. These issues must be resolved before voting on it. Page 22, Section 11, Item F: The words "minimal disturbance" and "wherever practicable" are once again subjective terms, and the point would be to "prohibit" the scarring effects of excessive grading and cut and fill slopes. Page 23 Section 12: Apparently the City Council, who are not experts, can find "no evidence of significant effects" upon the environment, with the adoption of this Ordinance. They also believe that prior EIRs have adequately addressed this issue. We disagree that this is so, and would like to know the year in which these EIRs were prepared. (?) Certainly, there is more than enough evidence that these projects would create enormous environmental damage. i Page 23, Section 13: We disagree that the standards, once approved, cannot be applied to previously approved projects, such as Tuscany Heights, Boulders, Crescendo, and i Shadow Rock. They are on the Chino Canyon alluvial fan. Page 23, Section 15: This Ordinance should not be liberally construed, but rather be strictly construed, in the furtherance of public health, safety, and benefit. As Mr. Barakian stated, in April regarding Tuscany Heights, the definition "of minimal grading is certainly subject to differing opinions".Again, we urge the City to be fully informed on the options for eco-development and to resolve the issues brought forward regarding this Ordinance before it comes a vote by the City Council. We look forward to your written replies to the concerns stated herein. Thank you for your efforts and attention to this matter. Very sincerely yours, The Palm Springs Public Counsel Dana L. Stewart, Richard Kay, and James F. McKinley Eco-development and Engineering Consultants to the PSPC 08/18/2005, 18: 20 2103148050 CHFTTENEROWN&CARSTEN PAGE 02/05 CHATTEIN-BROWN & CARSTENS Zc•, G�oil r� 3250 OCEAN PARK BO'ULVARD I rEI.EP1-TON :(310)37.1-3040 STATE 300 FACSIME B (310)314.305o S-ANTA MONIC k CALTFORNlA 90co5 A`""(9�'j'° W Com I www.cbcoa37thlaw.com I I I August 18, 2006 Vice Email and U.S- Maid Craig A. Ewing ' Director of Planning Services c City of Pale. Springs' 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Draft Regulations for the Chino Cone and other Environmentally Sensitive Areas c� Dear Mr. Ewing: On behalf of the Palm.Springs Modern Corntrlittee, we submit these comrlaents on the above referenced Draft Regulations for the Chino Cone and other Environmentally Sensitive Areas ("draft regulations'). We have focused our comments on regulations that would impact Planning Areas 5 and 5A because these areas surround the historic Trainway Gas Station now used as the Palm.Springs Visitor's Center. The Visitor's Center was designed by Albert Prey and Robson Chambers in 1965 and has been designated by the City as a Class One Historic Site. It currently sits in isolated splendor, serving as a distinctive welcoming gateway to those entering Pahn Springs. In order to protect that unique resource, the Palm Springs Modern Committee proposes the following additions and reyzsions to the draft regulations to preserve the important views of this historic resource. 1. Density Allowance Should be Reduced. The draft regulations provide that density shall be limited at all Planning Areas to one unit per 40 acres, unless a Specific Plan is implemented for the Planning Area. (Draft Regulation 92.21.1.01) On Planning Area 5, if a specific plan is adopted, density allowances for the construction of commercial and residential buildings could increase to six development units per acre. (Draft Regulation 92.21.1.04.B.1.) Under the draft regulations Planning Area 5A allows a density increase of.25 floor area ratio as part of a Specific Plan area. (Ibid.) This would result in up to 359,806 square feet of residential or commercial development on this 8,26 acre site,which would be located on land adjoining the Visitor's Center site. These increased density allowances would surround and smother the Visitors Center, destroying the setting in which the landmark sits and greatly diminishing its iconic value. Therefore,the Pahn Springs Modern Committee urges 0811812006, 18: 20 3103148050 CHATTENBROWNWARSTEN FAGS 03105 Craig having .August 18,2006 Page 2 of 4 density allowances for Planning Areas 5 and 5a be revised so that they are consistent with the recommendations of the City's General Plan Steering Committee for the entire Chino Cone,which equals a density of one uxiit per 20 acres. The Palm Springs Modern Committee also urges that density transfers to 5 and 5A be prohibited. (Draft Regulation 92,21.1.07.C) Increasing the density on these sites will signilicantly impact views of the Visitor's Center as visitors come to town. Dense development on the land adjacent to this historic landmark would overwhelm the views of the Visitor's Center, 2. Increased Setbacks from the Visitor's Center Should be.implemented. The draft regulations allow setbacks to be established by an adopted Specific Plan. (92.21.1.04.D.) The draft regulations should be revised to include a requirement for Planning Area aA that there should be no construction within 500 feet of the Visitor's Center's current perimeter wall, so as not to overwhelm the building. This is the mini mum setback necessary to preserve the visual setting of this historic resource and should be enforced even if a Specific Plan is implemented. 3. IVIaximum Building Heights Should be Reduced for Planning Areas S and SA. Draft regulations 92.21.1.03.D and 92.21.1.04.0 require clarification. The first two sentences in each of these sections seem to contradict each other because the first sentence limits building heights to "not greater than fifteen(15) feet above approved finished grade." The second sentence of these sections goes on to allow a maximum or total height of up to 25 feet. The regulations should be revised to correct this ambiguity over the maximum building height. Additionally,building heights should be restricted to a maximum of 15 feet in Planning Areas 5 and 5A, with or without the implementation of a Specific Plan for these areas. Allowing buildings of;up to 25 feet in buight to be constructed so close to the Visitor's Center will visually dwarf the landiark and reduce its visual prestige. 4_ Clear Delineation of Prohibited Uses Should be Set Forth in the Regulations. Draft regulation 92.21.1.01.C.1 states that "Community-oriented retail, such as a shopping center authored by a grocery store, is not intended for this site." This regulation is too vague. It should be revised so as to make clear what uses are prohibited, The following revision would clarify what is being regulated; "Cornrnunity-oriented shopping center shall not be allowed in Planning Area SA." Fv 0811812006� 1B:20 310314GO50 CHATTENSRCWN&CPSTEN PAGE 04105 r Craig Ewing August 18,2006 Page 3 of 4 This regulation should also be clarified by including a definition of community oriented shopping centers. 5. Distance Between)Buildings Should Not Block Views. Draft regulation 92.21.1.03.P limits the minimum distance between buildings on the same site to 15 feet in Planning Areas not using a Specific.Plan. An additional clause to this section, should be added that allows for a variance to this limit in Planning Areas 5 and 5A if a lesser distance between buildings would serve to prevent views of the Visitor's Center from being blocked. It is possible that view corridors could be best protected by closely clustering development away from the view corridor for the Visitor's Center. Draft regulation 92.21.1.04.D. allows the standards for distances between buildings to be set by an applicable adopted Specific Plan. This section should 'include a requirement that Specific Plans for Planning Areas 5 and 5A should be set so as to best protect views of the Visitor's Center. 6. View Analysis Should be Required from Additional Locations. Draft regulation 92,21.1.053 requires view analysis from highway 111 and Tramway to be included with any proposed project application. This regulation should specifically require that for any project proposed for Planning Areas 5 or 5A, view analysis from Highway 111 heading south when the Visitor's Center first beco=cs 'visible to drivers should be included. 7. Massive Grading Should be Clearly Prohibited. Draft regulation 92.21.1,05X.l.b states "Cut-and-fill techniques to create flat development pads is [sic] avoided." The word"avoided"in this section should be replaced with"prohibited",to make it abundantly clear that the intent of the section is to prohibit massive grading on the Chino Cone. S. Boundary Walls and Fences Should be Clearly Prohibited and Not Just ' "Avoided", Draft regulation 92.21.1.05.Ii.3.a states "Perimeter or property boundary walls and ,fences are avoided." Again, the word"avoided"should be replaced with."prohibited" so as to make the intent of this section clear, 0817.8I2006. 16:26 3103148050 CHATTENSROWN&CARSTEN PAGE 05i05 Craig Ewbg August 18,2006 Page 4 of 4 Conclusion The Visitors Center is one of the most important historic Modem buildings ever constructed iu the Coachella Valley and is one that was designed by one of the City's most revered architectural fums. It is well recognized by tourists visiting Palra Springs, and is beloved by much of the community. The Palm Springs Modern Committee asks that protection of the value of this important resource be taken into greater consideration in dra.ftin;regulations for Planning Areas 5 and 5A by implementing the changes proposed above. Sincerely, Amy Minteer I Cc: Palm Springs City Council David Ready, Palm Springs City T'lanager Palm Springs Planning Commission Palm Springs Modem Committee RWW,,,�M mm.n .(IND❑1,GPm:j=na �)d,)(T,,1 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS ZONING ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ENVIRONMENTALLY SENSITIVE AREAS INCLUDING THE CHINO CONE AREA NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California will hold a public hearing on September 6, 2006. The City Council meeting begins at 6:00 p.m- in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California- The purpose of the hearing is to consider an amendment to the Palm Springs zoning Ordinance that would establish the Environmentally Sensitive Area Specific Plan zone (ESA-SP) for the creation and implementation of new development standards and related regulations for specific Planning Areas as the Council may designate from time to time. The ESA-SP zone as proposed in the Ordinance will create nine initial Planning Areas that will cover the Chino Cone and the Highway 111 north entry corridor. The Chino Cone is a large, vacant alluvial fan located northwest of the urbanized portion of the City of Palm Springs. It is southwest of Highway 111 and generally bisected by Tramway Road. Adjacent areas also affected by the proposed project include lands north of the Chino Cone along the southwesterly edge of Highway 111. Public testimony on the project will be accepted at the public hearing. At the close of the public hearing, and prior to introduction and first reading of the Ordinance, it is anticipated the City Council will consider amendments, revisions, and modifications to the Ordinance and that such changes, if any, will be incorporated into the Ordinance so that the revised Ordinance will be introduced and read for the first time prior to adjournment of the City Council meeting. Adoption and second reading of the Ordinance is anticipated to be calendared for the City Council meeting on September 13, 2006. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead agency for this project, has determined that the project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15308 "Actions by Regulatory Agencies for Protection of the Environment' of the State CEQA Guidelines- REVIEW OF PROJECT INFORMATION: The Ordinance, staff report, and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter(for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons-to be heard. Questions regarding this matter may be directed to Craig A. Ewing, Director-of- Planning Services, at (760) 323-8245. Si necesita ayuda con esta carta, portavor [lame a la Ciudad de Palm Springs-y puede hablar con Nadine Fieger telefono (760) 323-8245. ?MF�Th�ompson, City Clerk N Department of Planning Services w+E Vicinity Map Is DILLON RD 18TH AVE i. �•� - - r"T 4 - it ,.�. , zO7- Avg LID II 1Vnti 1 ,L_,_ . —_------- �A� Legend 4(p { Proloct Aroa(chino Cone) — Buffer 400 Foot I. ® �- i—__J Ciry Boundary •i--- �— ] D Ill i-- CITY OF PALM SPRINGS PROJECT: Zoning Ordinance Amendment for DESCRIPTION: The purpose of the meeting is to Chino Cone and Adjacent Areas consider an amendment to the Palm Springs Zoning Ordinance and establish new development APPLICANT: City of Palm Springs standards for the Chino Cone and adjacent areas. No. 2775 i -•f NOTICE OF PUBLIC HEARING PROOFOF PUBEW" T70'N ' i r'~' Thy CITY PALM COUNCIL y I CITY IT PALM SPRINGS (2015,5,C•C•P�056 r 11 3 I i 1! ESTABZONINLISHING REGULACE TIONS FOR ENAS VIRONMENTALLY THE CHINO AREA l A i-i:.� 11,a r,J i .I .: �-� � NOTICE IS HEREBY GIVEN that the City Council v IT 1/ n of the City of palm Springs, California will hold a CLE%' ''v ppublic hearing on September 6, 20Q6, The City pouncil mtlating be ins a3 EactTah the Con- ,I Chamber Chamber at Clry Hall, 9 you Way Palm Springs, California The purpooc of the hearing is to consider an amendment to the Palm Springs Zoning One,- STATE OF CALIFORNIA trance thut would establish the Environmentally S,,,-Itive Aral Specific plan Zone (ESA-SP) for County of Riverside the Creation and Implementation of new develop- ment standards and related regulations for specif- ic Planning Areas as the Council may deslgnata from time to time.The ESA-SP zontl as prapa5etl in the Ordinance will create nine Initial Planning Areas that will cover the Chino one and the High Way III north enUY corridor. The Chino Cone is a large vacant al uvinl Ian located north- wcot of the urbanized portion of line City of Palm Springs. It Is sopIllwest of FlI In ay Ill and gbn- rally blseoh'tl by Tramway on0.Ad acgnl areas I am a citizen of the United States and a resident of also a l cted by the proposed ppro�ect include the County aforesaid, I am over the age of eighteen lands north of the Chlnv Cone along the southY Westerly edge of Highway 111, d at rhel public hear- years,and not a party to or interested in the an In,project will be accup above-entitled matter.I am the principal clerk of a Ing. printer of the,DESERT SUN PUBLISHING •fir. COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, �'t- I--';•-� County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California ,) ` --- under the date of March 24,1988.Case Number 191236; that the notice,of which the �I ~ annexed is a printed copy(set in type not smaller r than non pallet,has been published in each regular and entire issue of said newspaper and not in any I i�-= - 'I L-I -• supplement thereof on the following dates,to wil: - - -- August 26"' 2006 - -- At na tint. close lose of the pubic hearing, and prior to n and first reading of the Ordinance, it I- ]nticipatcd the City Council will consider -------------- ------------- amendments, revisions, and modiTC,fons to the __- Ordlnance antl that such changes, If any, will be All ill the year 2006 Incorporated into the OrdlnancO so that the re- [liefirsst lima priori toeadjoudrnment of tnd hedCi� Council meeting.AdopI on and second readin of I certify(or declare)under penalty of perjury that the the Ordinance a anticipated to be calendars foor the CITY Connell meeting on September 10,200 foregoing is true and Correct. ENVIRONMENTAL DETERMINATION' The Coy of palm Springs in its cappacdy as the load agen- w cy for this project has tletemminod that Thai. pro- Uated at Palm Springs,Californiathis---29 ---day y Jef( Is CutLgoricallyEnvironmental Exempt From the provisions of do Section Environmental ns by Act(CEQA) under Section 16808 "Actions by Regulatory of---------August -..--......2006 e Ipr Protection of She Environment" of th State the State CL4A Gmdellnes, REVIEW OF PROJECT INFORMATION: The Or- dinance staff regeport,project othor supporting docu- Ildoraviow atd�C'ily lHall between the hovai urs ofof 8 a -------------� ,--_-- ---- ,.m. antl 5:00 p In- Monday Thilerough Friday, ign. u1'e please0) 23 8204t if you woulce d like t City. dule erk an appointment to review these documents. COMMENT ON THIS APPLICATION- Respponse to this notice may be made verbally AT The Public l lOaring and/or In writing beforu me heann9.Writ- by lettor(lot mail orbhand ade delivery)the ouncll R-6 a6 Jame'Thompson, City Clerk 3200 E. Spring z Canyon Way Palm Springs Cc 92262 (� If any group challenges the action a court,Issues rased may be .tinned to only those Issues raised at the tc public sparing described m this notice or In Council crl horns?. An cc at, or prior to the Cary Council hearing. An opportunity will ba given at said hearin5� or ell mtereIlls per to be heard Questions regarding Tllle matter may be d1- re0ted to Cralp A. EwlnB Din+ctor of Planning Services, at (7rto) 323-82 5. 31 necesita ayuda can esta call, porfavOr'lame a la Ciudad de Palm Spring yy cuode habiar Con Nadine Heger toicfono (7 0) 323-8245. - James Thompson, City Clerk Published:B/26/2006 F�r°�Msa A.° -P' City of Palm. Springs U 1n * Office of the City Cleric * HCORPanni'00 ' 3200 L Tahquu/Canyon Way • Polm Springs, California 92262 04"P Tel (760) 323-9204 • Car (760) M-8332 • we lb-www.ci palm-springs ca us AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an amendment to the Palm Springs Zoning Ordinance that would establish the Environmentally Sensitive Area Specific Plan Zone (ESA-SP) for the creation and implementation of new development standards and related regulations for specific Planning Areas as the Council may designate from time to time, was mailed to each and every person set forth on the attached list on the 251h day of August, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (102 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 25th day of August, 2006. THOMPSON-5A�MES Clerk /kdh Affidavit-China Cone Ord 09 06 06.doo 0007Y Posr Office Box 2743 • Palm Springs, California 92263-2743 NEIGHBORHOOD-- pgL,ITION REPS MS APRIL HILDNER MR TIM HOHMEIER (fAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) 241 EAST MESQUITE AVENUE 1$87 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 C. MS ROXANN PLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLO1 VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MS LAURI AYLAIAN _ MR PETE MORUZZI HISTORIC TENNIS CLUB ORG MODCOM AND PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HIST0RIC,SITE,REP-_�=0 PO BOX4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE Chino Cone PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS __ .�... ATTN SECRETARY 50B W. SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 VERIFICPTION NOTIC ,�J=J, PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIFNTE BAND,DFCAHUILLA, AGUA CALIENTE BAND OF CAHUILLA INIJIIANS ^;j'I,";y'',E)'''J• J^:> INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 I�.b-ob 522070023 504162014 SOUTHERN PACIFIC 522100025 CALIF OF CL 4r HERN TRANSPORTATION CO 400 R STATE ST STE 5000 7, 0 1700 FARNAM ST 1 OTH FL S OMAHA NE,68102 SACRAMENTO CA, 95814 669230005 504162017 669365001 SUGAR JOSEPH M ESTATE OF 5041 TH R NADYNE THOMAS 1475 S CALLE MARCUS JOEP O BOX 1061 PALM SPRINGS CA,92264 0 PALM SPRINGS CA,92263 504081001 556380012 504020009 DAMIAN TOPOUZIDES U S GOVT AGENCY 556 USA 504 1033 4TH ST UNKNOWN UNKNOWN SANTA MONICA CA, 90403 7, 0 , 0 505030009 522170006 556380001 USA 505 USA 522 USA 556 US DEPT OF INTERIOR UNKNOWN UNKNOWN WASHINGTON DC,21401 *,0 10 669290011 522110002 � 522040007 USA 669 USA BLM VC INV US DEPT OF INTERIOR 6221 BO RINGS BLV 5225 VIA BRUMOSA WASHINGTON DC,21401 RI SIDE CA, 92507 YORBA LINDA CA, 92886 504161010 504162004 504162016 KRISTIAN S GERALD 'I'TED FREDE OLFE 504201002 504053001 504051001 D YACrALOFF ROBERT W� WICK NATALI- ALL 0 P 0 BOX BOX 1 901 0 PALM SPRINGS CA,92263 504-161-006 504-162-012 504-051-003 ARCARO MICHAEL BERTOIA RAYMOND LUIGI BREWER LYLE J 2277 N MILO DR 2233 N JANIS DR 2775 N GIRASOL AVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-161-004 504-053-005 504-201-004 KAY RICHARD BROOKS MICHAEL S CUETO JUAN E 2233 N MILO DR 2770 N GIRASOL AVE PO BOX 92 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263 504-162-015 504-053-002 659-361-005 FUNDIN JIM A GLADDEN F E GRAY MOLLIE M 2313 N JANIS DR 2786 N GIRASOL AVE 898 W GATEWAY DR ' PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 i 504-201-001 504-053-018 504-161-009 RICCI RUGGIERO RUEDA BOBBY J & GRISELDA KNOWLES MARY ELLEN 1099 CHINO CANYON RD 2797 N CARDILLO AVE 3004 HYPERION AVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262 LOS ANGELES, CA 90027 604-054-009 504-201-011 504-053-004 KRAUSE DONNA ELIZABETH LESLIE ALAN LUBE EUGENE M 2796 N CARDILLO AVE 1060 W CIELO DR 2780 N GIRASOL AVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-201-012 504-201-007 504-201-005 LYON DIANA MATZNER EVAN C MILLETT MITCHELL W 1080 W CIELO DR 931 W PANORAMA RD 1025 W CHINO CANYON RD PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-161-003 504-162-013 504-162-001 OSMAN DONALD F CAPEL ARLETTE PIRO JOHN J 2223 N MILO DR 2267 N JANIS DR 2498 N MILO DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-161-007 504-201-003 504-161-011 PHILLIPS DENNIS C & NANCY B REINECKE MARK ROBINSON KELLY D 934 INVERNESS OR 1047 W CHINO CANYON RD 2425 N MILO DR RANCHO MIRAGE, CA 92270 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-162-018 669-365-004 504-162-014 BAUTZER CRAIG STEVEN SIMMONS ERNEST C SMITHERN CLAUDE H 2405 N JANIS DR 4 JUAN CIR 2285 N JANIS DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504-162-017 504-161-010 504-162-004 THAYER JOEL PRATHER JOSEPH A& SHIRLEY A WHITTED GERALD W 2363 N JANIS DR 7415 E CALICO TRL 2366 N MILO DR PALM SPRINGS, CA 92262 ORANGE, CA 92869 PALM SPRINGS, CA 92262 504-162-016 504-201-002 504-051-001 CHADWICK TRUST WORSWICK SANDRA B YARNALL NATALIE E 11835 W OLYMPIC BLVD 775 1055 W CHINO CANYON RD 2800 N VISTA GRANDE AVE LOS ANGELES, CA 90064 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 l 522030009 AGUA CALIENTE BAND OF 504040001 504161006 CAHUILLA INDIANS ALVIN ANENBERG MICHAEL RO 600 E TAIIQUITZ CANYON WY 3410 E 1'OOTHILL BLV 0 PALM SPRINGS CA,92262 PASADENA CA, 91107 504201010 522040002 504162012 SARAH BERBOS RAYMON IA ROBERT BEYLIK D TO 1812 LADERA VISTA DR 3000 W MACARTHUR BLV 660 1 PULLERTON CA 92831,0 0 SANTA ANA CA,92704 I 1 504201009 504051003 504161004 IOIIN BOCCARDp LYLE B R TERRA IC 1 SAN CARLOS AVE 0 0 SAUSALITO CA, 94965 :0- 669371002 669372001 504053005 STANLEY BROXMEYER STANLEY BROXMEYER MICIIAEL OKS 7200 RADICE CT 7200 RADICE CT APT 503 0 LAUDERDALE FL,33319 LAUDERHILL FL,33319 669290002 504161008 504162006 WILLIAM BURGESS DALLAS CARTRIGHT LALiTH CI•IANDRASENA P O BOX 4158 1378 CREST DR 2245 JOYCE DR PALM SPRINGS CA, 92263 ENCINITAS CA,92024 PALM SPRINGS CA, 92262 522190001 CITY F COACHELLA VALLEY MOUNTAINS COACHELLA CITY OF PALM SPRINGS CONSERVANCY COACIIL•LLA VALLEY WATER DIST P 0 BOX 2743 45 480 CONSERVANCY AVE P 0 BOX 1058 PALM SPRINGS CA,92263 PALM DESERT CA, 92260 COACHELLA CA, 92236 504161005 669230012 ,TAMES COOK 50420100E CVCWD JUAN CUE 5902 MONTI"sREX RD BOX 114 0 P O BOX 1058 LOSANGELES CA, 90042 COACHFLLA CA, 92236 669365005 504150009 669320006 JANICE DAUPI•InM DESERT WATER AGENCY R INC RADIOLOGY MEDICAL GROUP P 0 BOX 260 P O BOX 1710 GUP PALM SPRINGS CA,92263 PALM SPRINGS CA,92263 3840 MOUND VIEW AVE STUDIO CY CA, 9160E 504162002 522030010 522030017 ROGER DUCHO 114 GEORGE FLEMING ZEMULA FLEMING P 0 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KLUSZCZYNSKI 0 2784 BOTTICELLi DR 1090 CIELO DR FIENDERSON NV, 89052 PALM SPRINGS CA, 92262 504161009 504162005 � 504054009 ERIC KOEHLER FRANCES KN S DONNA K 0 1129NL EENOS 0 WE OLLYWOOD CA,90069 522060015 504162020 504201011 CLIFTON LAMB JAMES LENNY AN LE�SI P 0 BOX 1787 9454 WILSIIIRE BLV NO 600 0 0 CANYON COUNTRY CA, 91386 BEVERLY HILLS CA, 90212 504202011 504053004 504201012 ROY LEWIS EUGENE F JOSEP N NE BASSWOOD ST 0 NEWPURT BEACH CA, 92660 504162011 FVAN 007 T fj 504201005 EVAN TNER CHARL) S AUGHLIN 01TC1 1729 E`F M CANYON 2]0 0 �n PAS SPRINGS CA, 92264 MILLrTT 669230010 '"! 669230011 505020025 MORRIS CO A'1'IONS C RP MOMS COMMUNICATIONS CORP MT SAN JACINTO WINTER PARK 73101 PIIGIP 111 STE 1 713 BROAD ST AUTHORITY PALM ERT CA,92260 AUGUSTA GA,30901 ONE TRAMWAY RD PALM SPRINGS CA, 92262 504162009 504040048 504053017 MUREAU C14AS A LIVING TRUST STEPHEN NICHOLS JEFFREY NOBLE 24774 W MUREAU RD 879 N PALM CANYON DR P O BOX 622 CALABASAS CA,91302 PALM SPRINGS CA, 92262 REDLANDS CA, 92373 504161003 50420103E 504162013 D NAL N MAX PETER 924 WESTWOESTWOOD BLV STE 700 1.9 LOS ANGELES CA,90024 669340001 669379037 504041082 PALM SPRINGS RV RESORT PALM SPRINGS VILLAS 11 MONA PHILIP GUIDE 7200 RADICE CT 729 EUGENE RD 1424 25TH ST FT LAUDERDALE FL,33319 PALM SPRINGS CA,92262 SANTA MONICA CA, 90404 504162001 504162007 504161007 70 O D 320 BA I' GIOVANNI RABOLINI PURNE 68320 BAHADA RD 0 CATHEDRAL CITY CA, 92234 669230001 669290004 504201003 86 N COUNTRY RANSOM K R CI{E LYDIA RING WALD N COUNTRY CLUB RD � P O BOX 2364 DECATUR IL, 62521 0 LAGUNA HILLS CA,92654 504162019 505020016 50416I011 SUNRISE LYNN RIVERSIDE COUNTY FLOOD CONT KELLY R ,ON 1800 S SUNRISE WAY 1995 MARKET'STREET0 PALM SPRINGS CA,92264 RIVERSIDE CA,92501 I 504201006 669310007 669310009 ROBIN UT y�/�f 22807JUDI V VALLUBINEY 9911 W RUBIN �l 850 N P IGrrCANYON DR 22807 VALLL'Y VISTA C1R 9911 W PI NO 660 ' P SPRINGS CA,92262 WILDOMAR CA,92595 LOS AN CA,90035 504201035 669320004 504162018 STANFORD RUBIN SAMSON FUNDING CORP 3029 WILSHIRE BLV 9777 QUEENS BLV NO 710 RICH S LER j SANTA MONICA CA, 90403 REGO PARK NY, 11374 0 I I I 5049.01009 522070008 505020005 MARTHA SCOTT SF PACIFIC PROP INC SHAAOWROCK 450 N ROSSMORE AVE 201 MISSION ST 64515 VIA FERMATO LOS ANGELES CA, 90004 SAN FRANCISCO CA, 94105 PALM SPRINGS CA, 92264 504030007 669290010 SHADOWROCK DEV CORP LORRAINE SHEINBERG 669365004 901 R TA1dQLJITZ CYN WAY 101 1475 S CALLE MARCUS ERNEST ONS PALM SPRINGS CA, 92262 PALM SPRINGS CA,92264 0 o�pALM gp� N City of Palm Springs * Office of the Ciry Clerk h�°noxnev'9Jo " 3200 L Tahyuitz Canyon Way • Palm Springs, California 92262 CgtfFORNRP Tel (7(0) i-)3-g70ZI • F1t (760) ;_»-8332 • %)Vcb. mww.ci.palm springs.ca us August 25, 2006 Ms. Claudia Salgado Bureau of Indian Affairs P. 0. Box 2245 Palm Springs, CA 92263 i Dear Ms. Salgado: r ' RE: City Council Meeting — September 6, 2006 Amendment to the Palm Springs Zoning Code Environmentally Sensitive Area Specific Plan Zone (ESA-SP) The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced subject on September 6, 2006. Enclosed are five (5) copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, labels identifying each parcel. The following are Indian owned property within the 400 ft. radius of the subject property: 556-380-012 504-161-007 504-020-009 556-380-001 522-170-006 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, Kathie Hart, CIVIC Chef Deputy City Clerk /kdh PHN IQ BIA-ChlnoCone ESA.SP CUP nec Encl: Public Hearing Notice (5 copies) Postage Paid Envelopes (5 each) Post Office Box 2743 • Palm Springs, California 92263-2743 �QAI-M SA N City ®f Palm Springs * x Office of the City Cleric ry " °oAaonp,Ev•` ' 3200 L. 'Ikhyu¢z Canyon Way • Palm Springs,Califnrmx 93262 Td (760) 323-5201 ' Ra- (760) 322-b]32 • Web. www.ei.Pn1m-5pr111ge.e.2.us c�FORN NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of July 19, 2006, Public Hearing Item No. 1 D. AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1„05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SEN&TIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE; By a unanimous vote of the City Council, the public hearing was continued to Wednesday, September 6, 2006, at City Hall in the Council Chamber, 3200 Tahquitz Canyon Way, at 6:00 P. M., or as soon thereafter as possible. AFFIDAVIT OF POSTING I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of - Continuance was posted at or before 5:30 p.m., July 20, 2006, as required by established policies and procedures. - James Thompson r City Clerk K\USERMC-CMHearing Notices\NOTICE OF CONT- Posr Office Box 2743 0 Palm Springs, California 92263-2743