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HomeMy WebLinkAbout11/1/2006 - STAFF REPORTS - 1.B.Citv Council Staff Report DATE: November 1, 2006 PUBLIC HEARING SUBJECT: AN APPLICATION BY PEGASUS FINANCIAL ENTERPRISE, LLC AGENT FOR NEW MESQUITE GREENS HOA, DESERT MANAGEMENT, FOR TENTATIVE PARCEL. MAP 33054 TO SUBDIVIDE LAND FOR THE CONSTRUCTION OF THREE SINGLE-FAMILY RESIDENTIAL UNITS ON APPROXIMATELY 1.31-ACRES LOCATED ON SOUTH SUNRISE WAY, NEAR THE INTERSECTION OF MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24. FROM: David H. Ready, City Manager BY: Department of Planning Services AMLLhile\:YI The City Council will consider a proposed Tentative Parcel Map to subdivide land for the upcoming construction of three single-family homes on approximately 1.30-acres. The architectural proposal will be submitted after recordation of the approved final map. The proposed lot for subdivision is located on South Sunrise Way, approximately 120 feet south of the intersection of Mesquite Ave and Sunrise Way. RECOMMENDATION 1. Approve Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 33054 TO SUBDIVIDE ONE PARCEL INTO THREE PARCELS, LOCATED ON SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24, APN: 502-560-038." PRIOR ACTIONS On October 11, 2006, the Planning Commission voted (7-0) to recommend approval of the Tentative Parcel Map to the City Council with the recommendation that the driveways be eliminated from the Final Parcel Map. (Meeting minutes were not available at the time that this report was prepared.) Item No. 1.B. City Council Staff Report October 18, 2006 Case 3.2934 TTM34933 Page 2 of 18 On October 16, 2006, the Indian Planning Commission voted to recommend approval of the Tentative Parcel Map to the Tribal Council. On October 23, 2006 the project was scheduled for review by the Tribal Council and the date has been changed to November 7, 2006, for Indian Tribal Council review of the Tentative Parcel Map. (Discussion below in the ANALYSIS Section) /_Ur_11A6'iR The site is located on South Sunrise Way, a major thoroughfare. The subject property is an approximately 1.3-acre or 51,847 square foot relatively flat vacant lot. The site is bordered by the Tahquitz Creek Storm Channel to the north, the Desert Water Authority well site to the south, South Sunrise Way to the west, and the Riverside County Flood Control concrete lined channel to the east and rear of the subject parcel. The proposed subdivision will split the lot into three lots with Lot 1 measuring 20,683 square feet, Lot 2 measuring 17,044 square feet, and Lot 3 measuring 14,120 square feet. The site is an Allotted Leased piece of land owned by allotees of the Agua Caliente Band of Cahuilla Indians with a master lease to The New Mesquite Greens Homeowners Association. A signed lease by the lessor and lessee grants permission to use the leased premises. The General Plan designation for the subject property is L4 (Very -Low Density Residential). The proposed subdivision will allow for the maximum density of three units per acre. The subject property is zoned R-1-C (Single -Family Residential) which requires a minimum lot size of 10,000 square feet and dimensions for an interior lot of 100' in width and 100' in depth. The proposed subdivision will create lot dimensions which exceed the required parameters. The proposed subdivision is located within a Special Flood Hazard Area (SFHA), and is subject to the provisions of Chapter 93.17.00. The City's requirement are outlined in Condition of Approval Nos. 26 - 30. Final approval of a grading plan for any portion of this property, or approval of a Parcel Map will not be given by the City, until all of the conditions of approval addressing the final map requirements are satisfied. During the Planning Commission meeting of October 11, 2006, driveway access from Sunrise Way appeared on the Tentative Parcel Map. The Commission's discussion concluded that placement of the driveways should be reviewed in the residential architectural application process and not the Parcel Map review process, and that the driveways should be removed from the Map. The Indian Tribal Council meeting was originally scheduled for October 23, 2006 to review the request. Because of timing conflicts, the meeting was changed to November 7, 2006 after the public hearing notice was published for the City Council Meeting of i _ 0002 City Council Staff Report October 18 2006 Case 3.2934 TTM34933 Page 3 of 18 November 1, 2006. Because of the changed date, and the advertised public hearing, a letter will be submitted to the City Council from the Agua Caliente Band of Cahuilla Indians Planning Department requesting that City Council agree to approve any Tribal Council Conditions imposed on the project. (See Special Condition #1) The Tribe views this parcel division as an ordinary request for division of land. A more detailed analysis can be seen in the attached Planning Commission staff report dated September 27, 2006. Findings in support of approving the proposed subdivision are included in the attached draft resolution of approval. ENVIRONMENTAL. ASSESSMENT Pursuant to Section 15332 of the CEQA guidelines, the project is considered a Class 32 in -fill development meeting the conditions for exemption because the project is consistent with the applicable policies of the general plan and zoning designation and regulations, the project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities. FISCAL IMPACT: No fiscal impact. ,500 "winged P Diror of Pla ni g Services David H. Ready, City M Attachments Finance Director Review: 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Planning Commission Staff Report 5. Reductions Thomas Wilso ssistant City Manager Development Sbrvices `: _ 0033 'City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 4 of 18 N Department of Planning Services w E 0 Vicinity Map s I i I I I I -- ' N RIVEPSIDE DP - -- - ---- 1' S P.IVEP.4-6E OF � I I -- A,yr SAN LOPE=,= RD I � JIB w I I I I I I v c3 1 1r I I 6 I Legend = Protect Site c I. Q 400 Foot Radws 1, 1 Panels --- City of Palm Springs I 01094 City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 5 of 18 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 33054 TO SUBDIVIDE ONE PARCEL INTO THREE PARCELS, LOCATED AT SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24, APN: 502-560-038. WHEREAS, The applicants Pegasus Financial Enterprise, LLC., filed an application for a Tentative Parcel Map 33054 to subdivide one parcel into three parcels for upcoming construction of three single-family homes APN: 508-181-017 and 508-181-018; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider TPM33054, was given in accordance with applicable law; and WHEREAS, on October 11, 2006, a puNic hearing to consider TPM33054, a request to subdivide land from one parcel into three parcels, was held by the Planning Commission in accordance with applicable law; and WHEREAS, On October 11, 2006, The Planning Commission reviewed the TPM application, and voted 7-0, to recommend that the City Council approve Tentative Parcel Map, TPM33054. WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider TPM33054, was given in accordance with applicable law; and WHEREAS, on October 18, 2006, a public hearing on the application for Tentative Parcel Map 33054 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Minor Alterations in Land Use Limitations); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. i 0 i5 City Council Staff Report Case 3.2934 TTM34933 October 13, 2006 Page 6 of 18 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to Section 15305 of The California Environmental Quality Act, CEQA, the City Council finds that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Minor Alterations in Land Use Limitations), because the proposal is to divide property in an urbanized area zoned for residential development into fewer than four parcels when the division is consistent with the General Plan and the zoning. The proposed Tentative Parcel Map meets the conditions outlined for minor alterations in land use limitations. Section 2: Pursuant to Section 66474 of the Subdivision Map Act: a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The proposed Tentative Parcel Map application to subdivide approximately 1.31 acres into three lots is consistent with the L-4 land use designation of the City of Palm Springs General Plan and will be used as single-family lots, which is allowed in the R-1-C Zone. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed subdivision is approximately 1.31 acres of land. The proposed subdivision will create three lots with greater square footage than the required square footage in R-1-C Zone of 10,000 square feet designated for future single-family residential land use. The width and depth are consistent with the zone requirements. C. The site is physically suited for this type of development. d. The site is physically suited for the proposed density of development. The proposed subdivision is consistent with good development practices by creating lots that will allow development of single-family residences with setbacks that meet the requirements of the zoning ordinance, rather than requesting a Planned Development. Development.on this parcel will be beneficial to development in the vicinity because the parcel is currently. vacant and surrounded by residential development and the conditions imposed ensure compliant development. The allowable density for the site is three units and the proposal is for three parcels. City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 7 of 18 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats, The division of land into three parcels is categorically exempt as a minor alteration of land. There are no indigenous plant species or endangered wildlife associated with this site. f The design of the subdivision or type of improvements is not likely to cause serious public health problems. The existing development includes the provision of public water and sewer and street assemblage that provides an orderly system of ordinary and emergency access to the project. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore, the design of the subdivision will not conflict with any public easements for access through or use of the property_ The applicant is required to dedicate necessary easements for public access and circulation in and around the new subdivision. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves TPM33054, subject to the conditions of approval attached herein as Exhibit A. ADOPTED, this 15t day of November, 2006. MAYOR ATTEST: City Clerk 1 0007 City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 8 of 18 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 1, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 9 of 18 0aouarr_l PARCEL MAP 33054 CONDITIONS OF APPROVAL PEGASUS FINANCIAL ENTERPRISES, LLC. SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE CITY COUNCIL NOVEMBER 1, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS I. All Conditions of Approval imposed by the Tribal Council must be completed to the satisfaction of The Agua Caliente Band of Cahuilla Indians and the City of Palm Springs. Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions that supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TPM 33054. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any 4 00m'9 City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 10 of 18 such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Indian Planning Commission. 5. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the subdivision shall provide, to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 6. All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 7. That the property owner(s) and successors and assignees in interest shall maintain all site improvements free from waste and debris, including sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences between the curb and property line, including any easement areas that extend onto private property at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 8. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning .Division which shall demonstrate that the project will be developed and . maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title 00� 0 City Council Staff Report October 18, 2006 Case 3.2934 TTM34933 Page 11 of 18 b. Deed restrictions, easements, of Covenant Conditions and c. Restrictions to be recorded. 9. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels, open space restrictions. The approved documents shall contain a provision, which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. 10.The final grading plan shall clearly show all cut and fill conditions. All disturbed areas during site grading and development shall be naturalized with planting of appropriate desert plants and natural rock, and cut/fill slopes may require treatment with coloring agents to reduce cut/fill scars. Exposed fill slopes shall be avoided and retaining walls or other alternative grading techniques shall be utilized to reduce exposed fill/cut slopes to the greatest degree possible. Cultural Resources 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 12. Given that portions of the project area are within a hillside area, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground -disturbing activities. 13.a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. 14, b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, City Council staff Report Case 3.20341TM34933 October 18 2006 Page 12 of 18 Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. POLICE DEPARTMENT 15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 16.Conditions will be submitted with Single -Family Residential Development submittal. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 17. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. SUNRISE WAY 18. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 19. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 20. Submit a Grading Plan prepared by a California registered civil engineer or qualified Architect to the Engineering Division for review and approval_ A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each 1 . Qclf.2 City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 13 of 18 fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be submitted for review and approval by the City Engineer prior to approval of the Parcel Nlap. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Parcel Map or site plan; a copy of current Title Report; and a copy of Soils Report. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 22. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development if more than 1 acre will be graded in one operation. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 23. In accordance with City of Palm Springs Municipal Code, Section 8.50,025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development if more than 1 acre will be graded in one operation. 24. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 25. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of 1. _ 00JL3 City Council Staff Report Case 32934 TTM34933 October 18, 2006 Page 14 of 18 Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 26. This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 93.17.00 et. seq. ("Flood Damage Prevention") of the Palm Springs Zoning Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone A2 (Base Flood Elevation = 399) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 060267 0006D, dated July 7, 1999, and Community Panel Number 060257 0008C, dated June 18, 1996. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. 27. In accordance with Chapter 93.17.18(C) of the Palm Springs Zoning Code, the Tentative Parcel Map shall be revised to identify the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Tentative Parcel Map shall include the required information, including delineation of SFHA's and identification of associated BFE's. 28. In accordance with Chapter 93.17.10 of the Palm Springs Zoning Code, a Flood Hazard Report shall be submitted by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA). The Flood Hazard Report may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. The Flood Hazard Report shall be subject to review and approval by the City Engineer. Specifically, the following information is required: a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures (in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures); or b. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, if required ih Chapter 93.17.18(A)(3)(b) of the Palm Springs Zoning Code; and c. All appropriate certifications listed in Chapter 93.17.12(A) 'of the Palm Springs Zoning Code; and 001 f.4 City Courod Staff Report Case 3-2934 TTM34933 October 18, 2006 Page 15 of 18 d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development- 29. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 30. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to approval of a Grading Plan. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, or approval of a Parcel Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA. 31. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to issuance of a certificate of occupancy. A Certificate of Occupancy for any building on this property will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. 32. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 33- The applicant shall obtain approvals, as necessary, if encroachment into the Riverside County Flood Control and Water Conservation (RCFC) easements on the adjacent parcels identified by Assessors Parcel No. (APN) 502-560-025 or 502-560-039. If encroachment is necessary, an Encroachment Permit shall be issued from RCFC, and a copy provided to the City Engineer, prior to approval of a Grading Plan. For RCFC requirements, contact the RCFC Encroachment Permit Section at (951) 955-1266. i . 00,f3 City Council Staff Report Case 3 2934 TTM34933 October 18, 2006 Page 16 of 18 34. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 35. All proposed utility lines shall be installed underground. 36. All existing utilities shall be shown on the grading plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 37. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 38. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as - built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 39. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 40. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. City Council Staff Report Case 3.2034 TrM34933 October 18, 2006 Page 17 of 18 MAM 41. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 42. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (Auto CAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 43. No parking shall be permitted along Sunrise Way. 44. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks (or pedestrian paths of travel) shall be provided by widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Sunrise Way frontage of the subject property. 45. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to • issuance of a Certificate of Occupancy. 46. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a City Council Staff Report Case 3.2934 TTM34933 October 18, 2006 Page 18 of 18 minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 47. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit- cxnianc scn¢ I,; xcre�r rn co n°rei i�i nrr uupAre Ncxrrr :raau ruerrvlt o ss t �tl—Mnt:�-�-j^�-���_ ;/ .,,L•+yt'Lf-Fes:,^.�L-rwR„v1r/ JY�Nt• 4. 4' y�1Yi I l{ PARTL2 pKp C9�/T I r — .a —�— _ 1r� l ��t,"•%,ram' �G. I Tn� PARMS 1412GSF. Ili � E (I �/�_rr°i— �/ /r/� /r• `� 1.1.44477799ff e �^i•• ��nwCf•-rrrY'a'�—,1..... ` ��' �3•'t'e� 1i11� i fi q IIPLv.: iLA sur6sewnV JWRLJ vnvELIr$n Zvc I /° LiSA4 Q:k'AlPTKV✓ Q?0.SSA/]EA. , A�A ZLX /NL: -r rlccm�_' "ttnrlu r"r � W AMRROG IMSIu� rr� `,;AMl � /5 AJ,tI.�¢ry �IXIAWrnniAlf�^[G,Yl rrvwy r 1M S G'n'ifv hIAPR:krpiL�bHY. .c*Irnx rxr r ,a ,on . S7JRFYX'INOING L ANO (!SE �i renewrf [art£ smv✓ rMlun srt rrcsrwswnsirw.rr osr erne ..�„ �.wam rwmm axocF. Of Tile Rti'RAPH:'' nno,.m e. PTIW Rl]JO.I3VEL1'-SYLriVAIXbV lN7HEDNO PALM,SPPorvYS rLUMYLKRrvt>nlLl`STA7£QFCn4/AX,NW. TENTATIVEPARML MAPA/0. 33054 eeENGASUBL4v/snvp=LOT3�rnnCTh4 > /Has A:FMH fA3. 1w, 4R A J.r mn •nE[� OCT-24-2006 TUE 01:58 PM FAX NO. P. 02 AGUA CALIENTE BALD OF CAHUILLA INDIAN5 TR18AL PLANNING & DEVEuOPMENT October 24, 2006 Diane A, Bullock, Associate Planner City of Palm Springs 3200 E. Tahqultz Canyon Way Palm Springs, CA 92262 Re: Tentative Parcel Map No. 33054 Dear Ms, Bullock: Via Facsimile The Tribal Council will be reviewing this project at its next meeting on November 7t, Tribal staff understands that due to scheduling issues, the City staff will be presenting this project to the City Council for final action on November 1, 2006, We respectfully request that the applicant agree to accept any conditions of approval that may be recommended by the Tribal Council. A letter stating the Tribe's final recommendation will be forwarded to you as soon as possible after November 7, 2006, If you have any questions, you can reach me at 883.1326. Very truly yours, Margaret Park, AICP Director of Planning & Natural Resources AGUA CALIENTE BAND OP cANUILLA INDIAN5 MEP/mg C: Tom Davis, Chief Planning & Development Officer Project File 777 VAST TAH4UITZ CANYON WAY, SU1TG 301, PALM SPRINGS, CA 9ZZ62 T 7GO1325/3400. F 760/3Z$/69522 AGUACAI-IENTE•00a J 00`d0 Date: To, - Application I.D.: Application Type Location: Applicant: APN: Zoning: General Plan: From.- Planner - DESCRIPTION PLANNING COMMISSION STAFF REPORT October 11. 2006 Planning Commission TPM33054 Tentative Parcel Map South Sunrise Way near East Mesquite Avenue Pegasus Financial Enterprise, LLC. 502-560-038 W-R-1-C Watercourse, Single -Family Residential L-4 Low -Density Residential Craig A. Ewing, AICP, Director of Planning Services Diane A. Bullock, Associate Planner The application is a request Tentative Parcel Map 33054 an application by Pegasus Financial Enterprise, LLC, agent for New Mesquite Greens HOA, and Desert Management, Owners to subdivide land for the upcoming construction of three single-family residential units on approximately 1.31 acres located at South Sunrise Way, near the intersection at Mesquite Avenue, Zone W-R-1-C, Section 24. Planning Commission Meeting TPM33054 October 11, 2006 Page 2 of 23 RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR PARCEL MAP 33054 TO SUBDIVIDE ONE PARCEL INTO THREE PARCELS, LOCATED AT SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24, APN: 502-560-038." PRIOR ACTIONS There are no prior actions for this proposal. BACKGROUND AND SETTING The site is located on South Sunrise Way, a major thoroughfare. The subject property is an approximately 1.3-acres or 51,847 square foot vacant lot. The site is generally flat, does not include any significant plant material, and is not identified as having any natural community that could be affected by the project. The site is bordered by the Tahquitz Creek Storm Channel to the north, the Desert Water Authority well site to the south, South Sunrise Way to the west, and the Riverside County Flood Control concrete lined channel to the east and rear of the subject parcel. The proposed subdivision will split the lot into three lots with Lot 1 measuring 20,683 square feet, Lot 2 measuring 17,044 square feet, and Lot 3 measuring 14,120 square feet. The site is an Allotted Leased piece of land owned by allotees of Agua Caliente Band of Cahuilla Indians with a master lease to The New Mesquite Greens Homeowners Association. A signed lease by the lessor and lessee grants permission to use the leased premises for the following purposes: A. The construction and development of residential condominium units, planned unit developments, apartment houses, single family residences, - and regardless of whether such businesses are operated by Lessee, sublessee, assignee, or concessionaire. Planning Commission Meeting TPM33054 October 11, 2006 Page 3 of 23 The association is selling the leasehold interest to Pegasus Financial Enterprise, LLC. Pegasus Financial Enterprise LLC will eventually submit plans for three new single-family homes designated for each of the three lots. Surrounding General Plan Designations, Zoning, and Land Uses: General Plan Zoning North L4 PD-153 South L4 R-1-C East L4 West L4 ANALYSIS PD-75 R-1-C Land Uses Church and School Multi -Family Residential Multi -Family Residential Single -Family Residential The subject property is designated L4 (Very -Low Density Residential). The L4 designations allow residential developments with a threshold of three and a maximum of four units per acre. The objective of the General Plan for the L4 designation is to develop various types of low -density residential development including traditional single-family residences. The proposed subdivision will allow for the maximum density of three units per acre. Based on the aforementioned sentences, the proposed subdivision is consistent with the General Plan. The subject property is zoned R-1-C (Single -Family Residential) which, requires a minimum lot size of 10,000 square feet. The R-1-C Zone requires lot dimensions for an interior lot of 100' in width and 100' in depth. The proposed subdivision will create approximate dimensions for Lot 1 of 100' in width and 207' in depth; Lot 2 will have approximate dimensions of 100' in width, approximately 170' in depth and Lot 3 will have approximately 106' in width and approximately 133' in depth. Based on the aforementioned sentences, the proposed subdivision is consistent with the Zoning Ordinance. WATERCOURSE The proposed subdivision is located in a Watercourse Zone described in Section 92.20.00 "W" Watercourse zone as: ;LT23 Planning Commission Meeting TPM33054 October 11, 2005 Page 4 of 23 A. In instances where properties shall be used as floodways, drainage channels, debris basins, and other flood protection facilities, or where information is not available or is not sufficiently accurate, a designation of "W" without suffix shall be used. B. A "W' watercourse zone classification symbol will be placed as a prefix before the zoning designation on all properties in the city of Palm Springs, which under present conditions fall within the one hundred (100) year floodway fringe and are, at present, subject to sporadic flooding and other hazards in the event of a one hundred (100) year flood as established by the adoption of Federal Emergency Management Agency (FEMA) flood maps. C. In general, the "W' prefix zoning may be temporary in nature and shall apply so long as inundation by floodwater from a one hundred (100) year event is possible. In the event that flood protection structures remove the threat of overflow by a one hundred (100) year flood, then the "W' prefix will be removed. Any property lying within the one hundred (100) year flood fringe area will be subject to all construction and development standards and procedures of Section 93.17.00 Flood damage prevention. (Ord. 1294 (part), 1998) FLOOD CONTROL Section 93.17.00 of the Palm Springs Zoning Ordinance Flood damage prevention states: 'A. Flood hazard areas of the city of Palm Springs are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise unprotected from flood damage also contribute to the flood loss. (Ord. 1550 (part), 1997; Ord. 1294 (part), 1988)," The proposed subdivision is located within a Special Flood Hazard Area (SFHA), and is subject to the provisions of Chapter 93.17.00. The city's requirement are outlined in Condition of Approval Nos. 26 - 32. Planning Commission Meeting TPM33054 October 11, 2006 Page 5 of 23 Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, or approval of a Parcel Map will not be given by the City, until all of the conditions of approval addressing the final map requirements are met. REQUIRED FINDINGS Section 9.60 of the City of Palm Springs Municipal Code requires that: a. The use applied for at the location set forth in the application is properly one for which a subdivision is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Parcel Map application to subdivide approximately 1.31 acres into three lots is consistent with the L-4 land use designation of the City of Palm Springs General Plan and will be used as single-family lots, which is allowed in the R-1-C Zone. b. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The proposed subdivision is approximately 1.31 acres of land_ The proposed subdivision will create three lots with greater square footage than the required square footage in the R-1-C Zone of 10,000 square feet designated for future single-family residential land use- C. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access for each lot will be from Sunrise Way, for the future single-family residences. The driveways will be privately maintained as will the landscaped areas around the development. d. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare. OM-15 Planning Commission Meeting TPM33054 October 11, 2006 Page 6 of 23 The proposed subdivision is consistent with good development practices by creating lots that will allow development of single-family residences with setbacks that meet the requirements of the zoning ordinance, rather than requesting a Planned Development. [Development on this parcel will be beneficial to development in the vicinity because the parcel is currently vacant and surrounded by residential development and the conditions imposed ensure compliant development. ENVIRONMENTAL ANALYSIS This project is categorically exempt as a Class 15, from the provisions of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Divisions), because the proposal is to divide property in an urbanized area zoned for residential development into fewer than four parcels when the division is consistent with the General Plan and the zoning. The proposed Tentative Parcel Map meets the conditions outlined for minor alterations in land use limitations. NOTIFICATION A public hearing notice was published in the Desert Sun newspaper. Public hearing notices were sent out to the neighboring properties within a four hundred foot (400') radius. Staff has not received any written correspondences and/or phone calls at the time this staff report was written ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 0076 Planning Commission Meeting TPM33054 October 11, 2006 Page 7 of 23 Diane A. Bullock Associate Planner ' ; ��.�i✓ems-t�`{ ,� jai �A: Ewing, ICP Direbr of Plaging Services ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval I 00°�"7 Department of Planning Services WN E Vicinity Map $ Id RIVERSIDE DR SRIVF_RSIDE OR - w u "- ��; j SARI LOPEk4ZO PD z ?^ yr U NIESOUIT_,LtVE _ U G Legend Project Site , - --- z N Q 400 Foot Radius m Parcels --- .i CITY OF PALM SPRINGS DESCRIPTION: To consider an application by CASE NO: TPM 33054 Pegasus Financial Enterprise, LLC to subdivide land for the construction of three single-family residential units ,APPLICANT: Pegasus Financial on approximately 1.31 acres located at South Sunrise Enterprise, LLC Way, Zone W-R1C, Section 24. APN: 502-560-038. Planning Commission Meeting TPM33054 October 11, 2006 Page 9 of 23 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR PARCEL MAP 33054 TO SUBDIVIDE ONE PARCEL INTO THREE PARCELS, LOCATED AT SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24, APN: 502-560-038. WHEREAS, Pegasus Financial Enterprise, Inc- (the "Applicant') has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide approximately 1.31-acres of land into three lots located at South Sunrise Way near East Mesquite Avenue, Zone W- R1 C, Section 24 ; and WHEREAS, the Applicant has filed Tentative Parcel Map 33054 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Parcel Map 33054, was given in accordance with applicable law; and WHEREAS, on October 11, 2006, a public hearing on the application for Tentative Parcel Map 33054 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Parcel Map 33054, is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15315 (Minor Land Divisions). t�-Il,679 Planning Commission Meeting TPM33054 October 11, 2006 Page 10 of 23 WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that, Tentative Parcel Map 33054 is categorically exempt from environmental assessment per Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA), because the proposal is to divide property in an urbanized area zoned for residential development into fewer than four parcels when the division is consistent with the General Plan and the Zoning. Section 2: Pursuant to Government Code Section 66473.5, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to the Palm Springs Municipal Code Section 9.60, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: REQUIRED FINDINGS Section 9.60 of the City of Palm Springs Municipal Code requires that: a. The use applied for at the location set forth in the application is properly one for which a subdivision is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Parcel Map application to , subdivide approximately 1.31 acres into three lots is consistent with the L-4 land use designation of the City of Palm Springs General Plan and will be used as single-family lots, which is allowed in the R-1-C Zone. b. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features O Q v0 Planning Commission Meeting TPM33054 October 11, 2006 Page 11 of 23 required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The proposed subdivision is approximately 1.31 acres of land. The proposed subdivision will create three lots with greater square footage than the required square footage in the R-1-C Zone of 10,000 square feet designated for future single-family residential land use. G. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access for each lot will be from Sunrise Way, for the future single-family residences. The driveways will be privately maintained as will the landscaped areas around the development. d. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare. The proposed subdivision is consistent with good development practices by creating lots that will allow development of single-family residences with setbacks that meet the requirements of the zoning ordinance, rather than requesting a Planned Development. Development on this parcel will be beneficial to development in the vicinity because the parcel is currently vacant and surrounded by residential development and the conditions imposed ensure compliant development. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 33054, subject to those conditions set forth in the attached Conditions of Approval, Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 11th day of October 2006. AYES: NOES: ABSENT: ABSTENTIONS: 10011. Planning Commission Meeting TPM33054 October 11, 2006 Page 12 of 23 ATTEST: Secretary of the Planning Commission Chairman of the Planning Commission CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Meeting TPM33054 October 11, 2006 Page 13 of 23 EXHIBIT A TENTATIVE PARCEL MAP 33054 CONDITIONS OF APPROVAL PEGASUS FINANCIAL ENTERPRISES, LLC. SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE OCTOBER 11. 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions that supplement the zoning district regulations- 2- The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TPM 33054. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the OP33 Planning Commission Meeting TPM33054 October 11, 2006 Page 14 of 23 applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Indian Planning Commission. 5. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the subdivision shall provide, to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 6. All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 7. That the property owner(s) and successors and assignees in interest shall maintain all site improvements free from waste and debris, including sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences between the curb and property line, including any easement areas that extend onto private property at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. OV34 Planning Commission Meeting TPM33054 October 11, 2006 Page 15 of 23 8. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and c. Restrictions to be recorded. 9. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels, open space restrictions. The approved documents shall contain a provision, which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. 1O.The final grading plan shall clearly show all cut and fill conditions. All disturbed areas during site grading and development shall be naturalized with planting of appropriate desert plants and natural rock, and cutifill slopes may require treatment with coloring agents to reduce out/fill scars. Exposed fill slopes shall be avoided and retaining walls or other alternative grading techniques shall be utilized to reduce exposed fill/cut slopes to the greatest degree possible - Cultural Resources 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 12. Given that portions of the project area are within a hillside area, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground -disturbing activities. 13.a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities 0�";8 Planning Commission Meeting TPM33054 October 11, 2006 Page 16 of 23 including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. 14. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. POLICE DEPARTMENT 15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 16.Conditions will be submitted with Single -Family Residential Development submittal. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 17. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. Planning Commission Meeting TPM33054 October 11, 2006 Page 17 of 23 SUNRISE WAY 18. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 19. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 20. Submit a Grading Plan prepared by a California registered civil engineer or qualified Architect to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be submitted for review and approval by the City Engineer prior to approval of the Parcel Map. Thee Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. C P116 7 Planning Commission Meeting TPM33054 October 11, 2006 Page 18 of 23 a. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Parcel Map or site plan; a copy of current Title Report; and a copy of Soils Report, 21. Drainage $wales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 22. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development if more than 1 acre will be graded in one operation. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 23. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development if more than 1 acre will be graded in one operation. 24, A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 25. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move- Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). ell cna Planning Commission Meeting TPM33054 October 11, 2006 Page 19 of 23 DRAINAGE 26. This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 93.17.00 et, seq. ("Flood Damage Prevention") of the Palm Springs Zoning Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone A2 (Base Flood Elevation = 399) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 060257 0006D, dated July 7, 1999, and Community Panel Number 060257 0008C, dated June 18, 1996. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. 27. In accordance with Chapter 93.17.18(C) of the Palm Springs Zoning Code, the Tentative Parcel Map shall be revised to identify the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Tentative Parcel Map shall include the required information, including delineation of SFHA's and identification of associated BFE's_ 28. In accordance with Chapter 93.17.10 of the Palm Springs Zoning Code, a Flood Hazard Report shall be submitted by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA). The Flood Hazard Report may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. The Flood Hazard Report shall be subject to review and approval by the City Engineer. Specifically, the following information is required: a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures (in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures); or b. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, if required in Chapter 93.17.18(A)(3)(b) of the Palm Springs Zoning Code; and Planning Commission Meeting TPM33054 October 11, 2006 Page 20 of 23 c. All appropriate certifications listed in Chapter 93.17.12(A) of the Palm Springs Zoning Code; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 29. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 30. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to approval of a Grading Plan, Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, or approval of a Parcel Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA. 31. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted to FEMA for review and approval, prior to issuance of a certificate of occupancy. A Certificate of Occupancy for any building on this property will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMl7 issued by FEMA. 32. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per (01 pll([) Planning Commission Meeting TPM33054 October 11, 2006 Page 21 of 23 Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 33. The applicant shall obtain approvals, as necessary, if encroachment into the Riverside County Flood Control and Water Conservation (RCFC) easements on the adjacent parcels identified by Assessors Parcel No. (APN) 502-560-025 or 502-560-039. If encroachment is necessary, an Encroachment Permit shall be issued from RCFC, and a copy provided to the City Engineer, prior to approval of a Grading Plan. For RCFC requirements, contact the RCFC Encroachment Permit Section at (951) 955-1266. 34, Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 35. All proposed utility lines shall be installed underground. 36. All existing utilities shall be shown on the grading plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 37, Upon approval of any improvement plan by the City 'Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD op,�1 Planning Commission Meeting TPM33054 October 11, 2006 Page 22 of 23 ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 38. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 39. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 40. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 41. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 42. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.LS. digital information sha0 .consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, . and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and mar file name. G.I.S. data format shall be provided on a CDROM/DVD ()rl,02 Planning Commission Meeting TPM33054 October 11, 2006 Page 23 of 23 containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 43. No parking shall be permitted along Sunrise Way, 44. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks (or pedestrian paths of travel) shall be provided by widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Sunrise Way frontage of the subject property. 45. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 46. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 47, This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit_ on a3 cxnemc scm.¢ cf.....�-Wti..,...r�......�.T.-.-..nv:N^.M�l��ltinn^T..-r�n.. 77 & / PARYCE2 77.P44SF Lu II�1� PAT 3 191 I• J � / /"—po+:—' _ r/ /' i� l [33GLL�'/PLW ,' AlLi GRCSAFF ,o:�*r,_o,e l AETARE4� EF ntirru. ��n�v hUPPRPAAFD HY. R!/HWAY T f H(/Rf�'X/rVp.1,Yi LAiWCL'�� —�Ticnnrm-w.••• i���.�� RR ENOnVEERS, AYE' .dY IFE'f/i1'aPnLMsvbncS¢r/nnr�=FhFA34�STA]EL1�G1[64]T/W TENTATIVEPARM MAP NO. 33054 ^mom^ �lM1GA 3�YCWYJa°LOI3 L1= iRAClfiq 11.fi.f^J I�ihfid T4,y/f<. P%t NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS TENTATIVE PARCEL MAP 33054 PEGASUS FINANCIAL ENTERPRISE, LLC SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of November 1, 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 - The purpose of this hearing is to consider Tentative Parcel Map 33054 an application by Pegasus Financial Enterprise, LLC, agent for New Mesquite Greens HOA, and Desert Management. Owners to subdivide land for the construction of three single-family residential units on approximately 1.31 acres located at South Sunrise Way, near the intersection at Mesquite Avenue, Zone W-R-1-C, Section 24. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA), because the proposal is to divide property in an urbanized area zoned for residential development into fewer than four parcels when the division is consistent with the General Plan and the zoning. REVIEW OF PROJECT INFORMATION: The 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 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Diane A. Bullock, Planning Services Department at 760-323-8245. - Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar coon Nadine Fieger telefono (760) 323-8245. ?/es Thompson, City Clerk aDepartment of Planning Services W�E Vicinity Map S I I I I I i I I N RIVERSIDE DR S R(VERMDE DR - I I SAN LORE4= RD I I I I Legend = Pro ad Site J - 400 Foot Radws I �----� Parcels i I LU m a r I a � ur - ----------- -- LU a - -- �j MESQIJIT AVE U CT- 2 H Z m I CITY OF PALM SPRINGS CASE NO: TPM 33054 DESCRIPTION: To consider an application by Pegasus Financial Enterprise, LLC to subdivide land.for the APPLICANT: Pegasus Financial construction of three single-family residential units on Enterprise, LLC approximately 1.31 acres located at South Sunrise Way, Zone W-R1C, Section 24. APN: 502-560-038. PROOF OF PUBLICATION (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of the County aforesaid; 1 am over the age Of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of gene"' circulation, printed and published in the city of Palm Springs, 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 annexed is a printed copy (set in type nor smaller than non pariel, has been published in each regular and entire issue of said newspaper and not in any supplement thcreei"on the following dates, rn wit: October 22"",2006 All in the year 20U6 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at palm Springs, California this --- 231(' ---- day I'hi, Is space for County Clerk's Plhng Stamp No. 0347 -"—^-- NOTICE• OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS TENTATIVE PARCEL MAP 33054 PEGASUS FINANCIAL ENTERPRISE, I _---- SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE NOTICE IS HEREBY GIVEN that 111c City Council of the City of Palm Sionrigs Cahfornla, will hold a ppaella hearing at Its meeting of November 1, 2006, The City Council mr= begins at 0;00 m n the Council Chambor at City Hall, 3200 - L-ast 1iahqultz Canyon Way, Palm 5plings. The puipcuo of MI5 hearlh0 Is to consldcr Tenta- tive Parcel Map 33054 on appllcatlan ey Pega•;us Financial Fgtcrprlse LLC, agent for Now MCsquJte Greens -IOA, and Desert Management. Owners to subdivide lane' for the construction of three Sin- gle-family resideni units on apprcximstely 1.31 acres located at South Sunrise Way, ne4r the in- tersection at Mosquhe Avenuo, Zone W-R-1.0, 'Section 24 vmmi„x.r ENVIRONMENTAL DETERMINATION; This pro- , Jett is categorical%y exempt from , nvironmicntal b'vlew purs.iant to Section 15315 (Minor Wind Di - of the California Environment)l Quality Acr (C CA), becaufu the proposal i5 to divide property In an ulbunized area zoned for residen- tial d%v op ment Into fewer khan four pparcel; when the Civision IS consl-tent with the G iroral Plan and the zoning. REVIEW OF PROJECT INFORMATION: The (toff report and other eppportlnq documents regarding this prolook ari. available far public revivw at Coyy Hall between the Hours oT 9:00 am. and 5;; pp,�m, Monday mroypph Friday Please contact the OfFlce of the City GIeIV at {760) 323-e204 if you would like to Schedule an appointment to review thpee documents. COMMENT ON THIS APPLICATION: Rncni to this noticu may he made verbally at the Public Hearing and/or In writing before the hearingg Wrlr- I ten comments may be made to the Oily Courlel by Jotter (lot mall or hand delivery) to; James Thompson City Car? 3200 E. rahqultz banZy Way Palm Springs, CA 92202 i Any challenge of the proposed project in court inns be nited to raising only those issues raised at th(U e public hearing doscrihed in this notice or �in wei@en correspondence da6vered to the Eity Clark at or pprior, to the ublic heaving. (Covurn- I Mont Code 5act�on 650 5g bl[21). An opportunity, I will be given at Bald heahng ffor all intiereyted per, sons to ba hoard. 4uushons reperding this case Gawlces Depertmont et 700 323624S. Planning Si neceslta avuda Con esta cads, porfavor Ilame a la Cludad de Palm Springs y puede hablar Can Nadirs Regur teieTono (760J 323-13245. James Thompson, City Clerk Published; 10122,12006 �pLMS of \ °'�Pj �L 3 % C ggA�oppTtO t9 q4 fro Vt�\ City of Palm Springs Office of the City Clerk 3200 E. T.Thqutrz Ctilpun V'a3 ^ Palm Springs, C&Lfurnm 92262 Tel (760) 323-820- o I -.ix: (n60) 321.8i32 • %deb: wwwo palm -springs ca.us October 18, 2006 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting — November 1, 2006 Pegasus Final Enterprise LLC TTM 33054 The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on November 1, 2006. Enclosed are copies of the public hearing notice and APN labels 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 properties have been identified as being owned by Tribal members within the 400 ft. radius of the subject property: 502-562-072 502-560-014 502-562-073 502-560-038 502-562-074 502-562-055 — 502-562-062 502-560-025 502-562-064 — 502-562-071 502-560-039 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, Kathie Hart, CIVIC Chief Deputy City Clerk /kdh FI \USERS\CGCLK\Haetlnq NOL[Cs\PHN Iq BIA-S P31M Ganycn Pmjccl I0-2S.doc Encl: Public Hearing Notice APN Labels Post Office Box 27413 0 Palm Springs, California 92263-2743 V bpi' ti City of Palm Springs # h Office of the City Clerk �J/V 3-00 E Tnhquicz Canyon Way • Pnlm Springs, Califorum Q2262 IC Tcl (760) gl�323-820.1 • Pax: (760) 322-8332 • Web. www-ci.pahn-springs.ca.us F0Rr' 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 application by Pegasus Financial Enterprise, LLC, agent for New Mesquite Greens HOA, and Desert Management. Owners to subdivide land for the construction of three single-family residential units on approximately 1.31 acres located at South Sunrise Way, was mailed to each and every person set forth on the attached list on the 18th day of October, 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 18th day of October, 2006. - <77 ,,_ a__�•o z f `J, MES THOMPSON City Clerk /kdh HAUSER8%C-CLK\Hearing NoticesWRd9v1t-Peng2sus 11-01,doe Post Office Box 2743 • Palm Springs, California 93363-2743 NEIGHBORHOOD COALITION REPS Case TTM 33054 MS APRIL HILDNER MR TIM HOHMEIER Pegasus Financial Enterprises, LLC (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting-11.01.06 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS (BEL DESIERTO NEIGHBORHOOD) 930 CHIA ROAD PALM SPRINGS CA 92262 MS DIANE AHLSTROM (MOVIE COLONY NEIGHBORHOOD) 475 VALMONTE SUR PALM SPRINGS CA 92262 MR BOB DICKINSON VISTA LAS PALMAS HOMEOWNERS 755 WEST CRESCENT DRIVE PALM SPRINGS CA 92262 MS LAURI AYLAIAN HISTORIC TENNIS CLUB ORG 377 WEST SARISTO ROAD PALM SPRINGS CA 92262 VERIFICATION NOTICE 1 1 AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 1 SPONSORS 1 1 1 MR SAMUEL E. OLAZABAL PEGASUS FINANCIAL 68-565 TORTUGA ROAD CATHEDRAL CITY, CA 92234 MR JOHN HANSEN (WARM SANDS NEIGHBORHOOD) PO BOX 252 PALM SPRINGS CA 92263 MR BOB MAHLOWITZ (SUNMOR NEIGHBORHOOD GROUP) 246 NORTH SYBIL ROAD PALM SPRINGS CA 92262 MR BILL SCOTT (OLD LAS PALMAS NEIGHBORHOOD) 540 VIA LOLA PALM SPRINGS CA 92262 MODCOM AND HISTORIC SITE REP 1 1 1 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 PEGASUS FINANCIAL ENTERPRISES 1075 S. PALM CANYON DRIVE PALM SPRINGS, CA 92264 PETE BILLINGTON & ASSOCIATES 966 VELLA ROAD PAL SPRINGS, CA 92264 MS MALLIKA ALBERT (CHINO CANYON ORGANIZATION) 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 MS PAULA AUBURN (SUNRISE/VISTA CHINO AREA) 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 MR SEIMA MOLOI (DESERT HIGHLAND GATEWAY EST) 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262-2459 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263.4738 CASE TTM 33054 MRS.JOANNEBRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MR ANTHONY R. BOGARD PEGASUS FINANCIAL 2270 SOUTHRIDGE PALM SPRINGS, CA 92264 502-370-020 LESSIN IRVING L 1001 SAINT GEORGE CIR PALM SPRINGS, CA 92264 502-370-023 ADDISON PAUL R 648 S ROXBURY DR PALM SPRINGS, CA 92264 502-370-026 KNOTT JAMES L 363 W ALEXANDER AVE SAN BERNARDINO, CA 92405 502-370-029 CORELLL TRUST 1661 PONDEROSA WAY PALM SPRINGS, CA 92264 502-370-032 DEMIRJIAN AUDREY PO BOX 5634 PALM SPRINGS, CA 92263 502-370-035 ELLIS SANDRA KAY 209 PEYTON ST GENEVA, IL 60134 502-370-019 CORELLA DEAN 1 488 W BARISTO RD PALM SPRINGS, CA 92262 5102-370-016 ALBERT PH P f2-M 009 GEORGE CIR P SPRINGS, CA 92264 502-370-013 FOLEY DAVID S 2920 UNION 303 SAN DIEGO, CA 92103 502-370-021 CARSON MARILYN A 2252 CAMPESINA VIA PALOS VERDES, CA 90274 502-370-024 TERRY LARRY D 310 NORTFIGATE DR MODESTO, CA 95350 502-370-027 TORRES BENJAMIN 1213 SAINT CHARLES ST ALAMEDA, CA 94501 502-370-030 LINK DAVID 807 LAFAYETTE ST DENVER, CO W218 502-370-033 GONZALEZ HENRIETTA A 1700 GRAND BAHAMA DR W PALM SPRINGS, CA 92264 502-370-036 PHILLIPS NORMAN 1706 GRAND BA14AMA DR W PALM SPRINGS, CA 92264 502-370-018 SCHWARTZ MELVIN 1005 SAINT GEORGE CIR PALM SPRINGS, CA 92264 502-370.015 HAWTHO E J G 'v-I loll S T GEORGE CIR P SPRINGS, CA 92264 502-370-012 REGAL MICKEY MILLER 1014 SAINT TI-IOMAS CIR PALM SPRINGS, CA 92264 502-370-022 THORNTON RALPH C PO BOX 397 PALM SPRINGS, CA 92263 502-370-025 ELLINGTON RUTH JOY 1007 SAINT THOMAS CIR PALM SPRINGS, CA 92264 502-370-028 LANGELL BOBBY ARLEN 1001 WINSOR AVE PIEDMONT, CA 94610 502-370-031 RAVICCHIO ISABELLE L 1011 SAINT THOMAS CIR PALM SPRINGS, CA 92264 502-370-03 f:,l HARRI ETER D 1702 D BAHAMA DR W P M SPRINGS, CA 92264 502-370-037 COMMON AREA 502-370-017 GOULDEN MERLE A 524 N TIGERTAlL RD LOS ANGELES, CA 90049 502-370-014 SLG PROP 1836 UNION ST SAN FRANCISCO, CA 94123 502-370-011 PATTERSON DAVB7 T 1012 SAINT THOMAS CIR PALM SPRINGS, CA 92264 502-370-010 502-370-009 502-370-008 DEBBY J0I711J G DAKE JAMES GUY MCLOUqBfWCF H & TERRELL W 1105 COVENTRY PL 1008 SAINT THOMAS CIR 1035 I$TA WAY 135 EDINA, MN 55435 PALM SPRINGS, CA 92264 VJKA, CA 92084 3 3 502-370-007 OPIMAN JOHN M FAMILY TRUST PO BOX 50457 IDAHO PALLS, ID 83405 502-370-004 SCOTT WALTER 26092 64TH AVE •V4W1M 502-370-001 SMILAY MARTIN B 1716 GRAND BAHAMA DR W PALM SPRINGS, CA 92264 502-370-006 KNUTZEN DAVID PO BOX 591 WOODINVILLE, WA 98072 502-370-003 TILLING GWENETH M 1720 GRAND BAHAMA DR W PALM SPRINGS, CA 92264 009-611-866 NEW MESQUITE DEVELOPMENT ASSOC LTD 73080 EL PASEO PALM DESERT, CA 92260 009-610-834 502-560-012 RIVERSIDE COUNTY FLOOD CONTROL RIVERSIDE COUNTY FLOOD CONT 1995 MARKET ST 1995 MARKET ST RIVERSIDE, CA 92501 RIVERSIDE, CA 92501 502-562-073 USA 502 502-560-014 USA 502 502-370-005 WYNNEROBERTJ PO BOX 1450 KLAIvIATH FALLS, OR 97601 502-370-002 ROSS REGINA TRUST 115 S SWALL DR I LOS ANGELES, CA 90048 009-610-838 LEE YOUNG S 681 S WESTERN AVE LOS ANGELES, CA 90005 502-562-072 USA 502 502-562-074 502-560-013 USA 502 DESERT WATER AGENCY PO BOX 1710 PALM SPRINGS, CA 92263 502-560-025 USA 502 502-560-049 502-560-039 INTERNATIONAL CHURCH OF USA 502 FOURSQUARE GOSPEL 630 S SUNRISE WAY PALM SPRINGS, CA 92264 502-560-038 USA 502 009-613-311 LEE YOUNG S 681 S WESTERN AVE LOS ANGELES, CA 90005 009-613-310 502-562-055 502-562-056 NEW MESQUITE DEV ASSOC LTD PO BOX 1906 USA BIA USA BIA A PALM SPRINGS, CA 92263 502-562-057 502-562-058 502-562-059 USA BIA USA BIA USA BIA 502-562-060 502-562-061 502-562-062 USA 131A USA 502 USA BIA 502-562-064 502-562-065 502-562-066 USA BIA USA 502 USA BIA 502-562-061 502-562-069 502-562-069 USA BIA USA BIA USA BLA 502-562-070 502-562-071 508-272-013 USA 5USA BHERNANDEZ GUS 1672 N RIVERSIDE DR ' PALM SPRINGS. CA 92264 508-273-002 508281-010 508-281-011 RIVERSIDE COUNTY FLOOD CONT WASCHER PETER J 2006 TRUST MCBRIDE GERALD 1995 MARKET ST 1629 S RIVERSIDE DR 159 LOWER TER RIVERSIDE, CA 92501 PALM SPRINGS, CA 92264 SAN FRANCISCO, CA 941)4 508-281-012 508-281-013 508-281-014 CONNORS MICHARL H VELASQUEZ PETER JUSTICI; TAMES L 801 S SUNRISE WAY 1676 E SAN LORENZO RD 1656 E SAN LORENZO RD PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508-282-011 508-282-012 508-282-013 JOHNSON CHARLES S ANDERSON PAULA J NAULA MIRIAM K 1651 E SAN LORENZO RD 1679 E SAN LORENZO RD 1680 E MESQUITE AVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508.281-015 508-282-010 508-282-014 DETIEGE CYNTHIA R GOTT RODNEY CLEVELAND KING WILMERNELL N 100 S SUNRISE WAY 735 1623 E SAN LORENZO RD 1650 E MESQUITE AVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508-282-015 508411-001 508-411-002 CONRAD RICHARD V LEWIS J014N ➢ INGWERSEN STUART D 1622 E MESQUITE AVE PO BOX 4681 4517 7TH AVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92263 ROCK ISLAND, IL 61201 508-411-011 508-411-012 FRAZEE WILLIAM D & R A TRUST PARK STEPHEN C 1048 S CALLE MARCUS 1000 S CALLE MARCUS PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264