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HomeMy WebLinkAbout1/17/2007 - STAFF REPORTS - 1.A. 1/.U0 vene,vutry Irgtl aou�i Ronald h P.O.Snirr Box 1710 r.GJlar vice Presidentdcnt DESERT WAT E R e<OM,Jr Palm Springs,CA 47.263.171 C Secrc WillIa "Bill-p yrne lax 760ne 76C 32349J William"bill"8yme Fax 760 325l505 Prrtriria G.Oygar w .dvra.org David K.Luker General Manager Chief Enp,Ineer Best Best&Krieger Ccneral Counsel Krieger&Ste ari, Gonsuhing Engineers November 16, 2006 a Pegasus Financial Enterprises, LLC Attn: Samuel Olazabal — = 1075 S. Palm Canyon Drive - Palm Springs, CA 92264 "l RE: TRACT 33054 za- - Dear Mr. Olazabal: We' are in receipt of your inquiry regarding access to the above referenced project. Construction of an access street across this Agency's property not only hinders this Agency's ability to properly operate and maintain its facilities, it also seriously compromises facility security and provides for an increase in risk to public health and safety. As the Desert Water Agency is mandated by State and Federal regulations to prohibit private and or public access to domestic water facility sites, your request for access is denied. If you have any questions, please cal me at (760) 323-4971, ext. 143. Sincerely, DESERT WATER AGENCY Woody Adams Senior Service Planner Wca,/Idp Cc: Dianne Bullock,AssisWnt city Planner, P.o. Box 2743, Paim Springs, CA 92263 2743 %DP/SrAFjAdams/PegasusA Ltr Clulln[x[A,Z T � L .ci "trr..r"o w'curw w r:'c rsorn�cmrrrc1 ep �1 Al r f .�____��~•!,____�.v!'"M1 -- = w$ - ---' ----------- - _._ i � 'k oo/ _-- ,,3e I ^ q .rd .. =:�•.I ._�__ I n�/ d ram, J I ✓p,I.. 1,�. ..leaf(=�-� n� � /�/ j IF YYi" rJ�� —IIpIu`IJl ltliiYi.. Nulnr llrw.r � Y / I In� r...``__'��_� _Jflir„a Q. I��1 Im 1k1.r - ;Txf ,—:.— !� �al I PARM3 j is ICI 1• �� ,.E:.4�..-fit:'/ r " /'J'" / GFtW� ., w ry t-onr�ro,� MTAfSn W ZAVlNG rrnrxacmv `r""rmi Z-s.. �. wev M9PP�AR'DBH arr nr.r we:e " suAr�vwrv'vNncsE ,' sw�aeraxcaaPr✓r ,'HLt4�cmawe[ anau .URMVVAVzz",mve INTK'mro�vAu./9�AlNG:C.X//✓mo=fast STA]EL1�C lnoama TENTAT1VEPAPCEL NIAPNO. 7554 9. A.PJ564ASOV� S� F1MC!-M]1155�.�ntg 145/1.4OR no�.vuurcseci u�• wtr[nw e,.rrr,us[�ow. n J,R_- y� 7�ano- 4tl{pk1.M gA� c U N A rt M n� City Council Staff Report DATE: January 17, 2007 PUBLIC HEARING ' SUBJECT: AN APPLICATION BY PEGASUS FINANCIAL ENTERPRISE, AGENT FOR NEW MESQUITE GREENS HOA, LESSEE, FOR A TENTATIVE PARCEL MAP 33054 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. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On November 1, 2006 the City Council conducted a public hearing to review an application for a tentative parcel map that would create three single family residential lots on a 1.31 acre parcel, and directed that the project be revised to explore alternative means of access from the public way to the three proposed parcels to minimize traffic disruption on Sunrise Way. The architectural proposals for the three residences will be processed under a separate submittal. The proposed lot for subdivision is located on the east side of Sunrise Way, approximately 120 feet north of the intersection of Mesquite Avenue and Sunrise Way and to the east of the intersection of San Lorenzo Drive. 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 AT SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24, APN: 502-560-038." ITEM NO. City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 2 of 17 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. On November 1, 2006 the City Council heard testimony, reviewed the staff report, maps, and related findings and voted unanimously (Foat, Pougnet, Oden) to send the application back to restudy alternative means of providing access to the sites, either via easements across adjacent parcels or through fewer curb cuts onto Sunrise Way. The project will be reviewed by the Indian Tribal Planning Commission and Tribal Council in early January and staff will report on actions taken at these meetings at the time of this presentation. ANALYSIS The applicant has evaluated options for alternative access and reduced access points onto the parcels as requested by City Council. The only adjacent parcel across which an access easement might be considered is from the south over the well point parcel owned by the Desert Water Agency. The applicant approached the DWA with an inquiry on this matter and it was rejected by DWA out of concerns for security and safety of the well point structure on that parcel. The applicant then re-analyzed various means of limited access off Sunrise Way and arrived at the solution submitted herein in which a single driveway curb cut, aligned with the centerline of San Lorenzo Drive to the west of the parcel is proposed. This single curb-cut would provide access to the public way from a shared driveway easement across the middle lot which would accommodate access to the public way from all three lots. Staff has reviewed the revised proposal and believes it to be an acceptable alternative to the three individual driveways and curb cuts previously proposed and hereby recommends it to Council for approval. A more detailed analysis and description of the application is available for review in the attached Planning Commission staff report dated September 27, 2006 and the City Council Staff report dated November 1, 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. 0 0 131 21 City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 3 of 17 FISCAL IMPACT: IFinance Director Review: No fiscal impact. aig . E ing, Thomas Wilsorf, Assistant City Manager Direc of Plan in Services Development Services David H. Ready, Ci y M r Attachments 1. Vicinity Map 2, Draft Resolution 3. Conditions of Approval 4. Planning Commission Staff Report of October 11, 2006 5. City Council Staff Report of November 1, 2006 6. Site Plan Maps City Council Staff Report January 17,2007 case 3.2934 TTM34933 Page 4 of 17 Department of Planning Services w F- 1 Vicinity Map ............. ... ..................... .... .............. ........... ................................... ..................... .......... .4 RIVERSIDE .0 ..................................... ....... ........... ....... E-q DE OR ........................................ .. ............... .. ................... SAW LO Pr 1170 R 0 ....... - - - MESQUF -AVE . .... .................. --------- ............ ....... ... . ...................... 4 ........... Legend .............. . .. . LF 0 4M pool Radius i Pares ............ City of Palm Springs ' City Council Staff Report January 17,2007 ' Case 3.2934 TTM34933 Page 5 of 17 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING 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. ' 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 public 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 November 1, 2006, a public hearing on the application for Tentative Parcel Map 33054 was held by the City Council in accordance with applicable law at which time the Council directed the applicant to restudy access to the parcels; and WHEREAS on January 17, 2007, a public hearing on the application for Tentative Parcel Map 33054 was held by the City Council in accordance with applicable law and reviewed the revisions to access as submitted by the applicant, 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. City Council Staff Report January 17,2007 Case 3,2934 T FM34933 Page 6 of 17 i THE CITY COUNCIL HEREBY FINDS 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 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 a common or shared drive and curb-cut onto Sunrise Way, for the future single-family residences. The driveway will be privately maintained as will the landscaped areas around the development. City Ceuncll Staff Report January 17,2007 r Case 3.2934 TTM34933 Page 7 of 17 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 City Council approves TPM33054, subject to the conditions of approval attached herein as : Exhibit A. ADOPTED, this 17t" day of January, 2007. MAYOR ATTEST: City Clerk 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 January 17, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City Council Staff Report January 17.2007 Case 3.2934 TTM34933 Page 8 of 17 EXHIBIT A PARCEL MAP 33054 CONDITIONS OF APPROVAL PEGASUS FINANCIAL ENTERPRISES, LLC. SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE CITY COUNCIL JANUARY 17, 2007 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 1. 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 I e Iran City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 9 of 17 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 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 City Counoil Staff Report January 17,2007 Case 3.2934 TTM34933 Page 10 of 17 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. 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 passibility 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. City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 11 of 17 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. 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 City Council Staff Report January 17.2007 Case 3.2934 TTM34933 Page 12 of 17 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 have 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. 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, City Council Staff Report January 17,2007 Case 3.2934 TTM34033 Page 13 of 17 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). 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 City Council Staff Report Jan 17,2007 Case 329347 January 7M34933 Page 14 of 17 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 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) 502-660-025 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 i r ir1� L1 City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 15 of 17 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 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. City Council Staff Report January 17,2007 Case 32934 TTM34933 Page 16 of 17 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. 26. A common access easement shall be shown on the map, providing reciprocal access from Sunrise Way to Parcels 1, 2 and 3. The access easement shall be located along the common parcel line between Parcels 2 and 3, generally aligned ' with the centerline of San Lorenzo Road, and shall extend across Parcel 2 to • Parcel 1. The full extent of the access easement shall be shown with a sufficient width to enable physical access from Sunrise Way to Parcel 1. The applicant shall demonstrate vehicular access across the easement through the use of vehicle turning templates or other acceptable methods, to the satisfaction of the City Engineer, prior to approval of the Parcel Map. 27. 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 CDRQM/DVD 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 28. No parking shall be permitted along Sunrise Way. 29. 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 a 1F 1^ I • City Council Staff Report January 17,2007 Case 3.2934 TTM34933 Page 17 of 17 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. • 30. 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. 31. 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. 32. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES October 11, 2006 Council Chambers, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 ROLL. CALL: Present Present Year: FY 2006/2007 This Meeting: to Date: Excused Absences: Chair Marantz X 7 1 Vice Hochanadel X 8 0 Cohen X 6 2 Ringlein X 7 1 Hutcheson X 7 1 Caffery X 5 0 Scott X 5 0 Rep of Posting of Agenda: The October 11, 2006 agenda was available for public access he City Hall exterior bulletin board (west side of Council Chamber) and the Planning Se ' es counter by 5:00 p.m. on Friday, October 6, 2006. 1. PUBLIC COMME (Three minute time limit.) Chair Marantz opened Public omments. There being no appearances, Public Comments was closed. CONSENT AGENDA: Commissioner Scott requested Item 2D be pulled from Consent Agenda for further discussion. Chair Marantz stated she has a conflict of interest on Item 26 and uld abstain from the discussion and vote. M/S/C (Ringlein/Vice Chair Hochanadel, 7-0) To approve, Items 2A, 2B and 2C, part of the Consent Agenda. 0029 City of Palm Springs Planning Commission Minutes of October 11, 2006 Minutes of September 13, 2006. Approved as part of the Consent Agenda, 2B. Case 3.2956 - SFR - An application by James Cioffi, agent, to construct an proximate 5,849 square foot single-family residence on a vacant parcel ap roximately 0.57 acres located at 655 Las Palmas Heights, Zone R-1-A, Sect n 10, APN: 505-360-008, (Project Planner: Chris Ison, Planning Techm ian) (Noting the conflict of interest abstention of Chair Marantz.) Approve as part of the Consent Agenda. 2C. Case 3.2908 SFR - An application by Nadr Amirmokri, owner, to construct ' an approxima 3,865 square foot single-family residence located at 3140 Marigold Circle, Zone R-1-13, Section 35. (Project Planner: David Newell, Assistant Planner Approved as part of the Consent Agenda. 2D. Case 3.2940 - SFR - n application by Mark Blaich to construct a single- family residence of proximately 2,261 square foot located at 1725 Whitewater Club Drive, ne R-1-C, Section 1, APN: 501-445-012. (Project Planner: David Newell, Ass' tant Planner) Commissioner Scott requested clarifica 'on on the lot area and building coverage. M/S/C (Scott/Ringlein, 7-0) To approve, s 'ect to Conditions of Approval. ARCHITECTURAL REVIEW: 3. Case 3.2932 - SFR- An application by 'chael Mueller to construct an approximate 2,500 square foot second sto addition on an existing 2,500 square foot single family-residence located t 2475 Cahuilla Hills Drive, Zone R-1-A, Section 27, APN 513-430.035. ( o'ect Planner: Ken Lyon, Associate Planner) Associate Planner, Ken Lyon, gave background information s outlined in the staff report dated October 11, 2006. The Commission requested clarification pertaining to the conditions needed for this project to conform, set-backs and the surrounding neighborhood. Craig A- Ewing gave additional clarification on the General Plan requirement The Commission discussed uni-level pads and other possible options. -Michael Mueller, owner, gave additional details and stated his preference for the pro- ct. { , { 2 City of Palm Springs Planning Commission Minutes of October 11, 2006 M/ C (Ringlein/Hutcheson, 7-0) To approve, subject Conditions of Approval; with the addi ' n of the following condition' * change to the pad grade of a minimum of 2 feet in the design of the dwelling, su 'ect to staff approval. 4. Case 3.2 4 - MAJ - A Major Architectural application by Verizon to construct 6,000 square foot pre-engineered metal office/warehouse building and ssociated site improvements located at 950 Williams Road, Zone M-1 (Sec ' n 19 Redevelopment Project Area 4), APN 680-160-040. (Project Planner: en Lyon, Associate Planner) Associate Planner, Ken Ly , gave background information as outlined in the staff report dated October 11, 2006. Commissioner Caffery requested c rification on enhancements for metal buildings. Chair Marantz stated she is not in avor of the chain link fence. Commissioner Ringlein was in agreement and suggeste additional enhancement for this project and ' the surrounding area. Commissioner Hutcheson commented that the oject is consistent with the surrounding areas and suggested the possibility of adding incr sed landscaping to this area. Vice Chair Hochanadel commented that the su unding businesses have nice buildings and would like to see additional enhancements ade to this project. M/S/C (Vice Chair Hochanadel/Caffery, 7-0) To continu and refer back to the Architectural Advisory Committee to review the site for enha ements consistent with the surrounding area. MISCELLANEOUS: 5. SP 06-073 - An application by James Cioffi, architect for P m Springs Plumbing, to implement a sign program at located at 1750 Execu 've Drive, Zone M-1-P, Section 6, APN: 677-040-004. (Project Planner: DaVi ewell, Assistant Planner) Principal Planner, Edward Robertson, gave background information as outlined in e staff report dated October 11, 2006, Li07" C. 3 CifX of Palm Springs Planin ' Commission Minutes of Oc ober 11, 2006 Chair Mara requested clarification on the banner. M!S/C (Hutches /Cohen, 7 0)To approve, subject to Conditions of Approval. Commissioner Hutc son stated he has a business related conflict of interest for Items 6 and 7 and would t participate in the discussion and vote. He left the council chamber at 2:37 p.m. 6. Case 3,2462 MAJ - A application by Edward Anderholt & Norman Larsen requesting a time exte ion for an architectural approval entitlement to construct a four unit, two- ory apartment complex located at 2160 Junipero Avenue, Zone R2, Section APN 504-242-012. (Project Planner: David Newell, Assistant Planner) Principal Planner, Edward Robertson, pro ided background information as outlined in the staff report dated October 11, 2006. M/S/C (Vice Chair Hochanadel/Scott, 6-0, 1 abs ntion/Hutcheson) To approve, subject to the applicant meeting all Conditions of Approv of original entitlement approved on May 12, 2004. ' PUBLIC HEARINGS: 7. Case TPM 35046 - An application by Bruce R. strander on behalf of Gordon Elkins et al, for a Tentative Parcel Map 3 046 to subdivide the airspace for an approximately 0.23-acre parcel from tenancy-in-common ownership of four attached multi-family units to coed inium ownership located at 993 East Parocela Place, Zone R-2, Section 2 APN: 508-215- 004. (Project Planner. Diane Bullock, Associate Planner) Principal Planner, Edward Robertson, provided background information outlined in the staff report dated October 11, 2006. Chair Marantz opened the Public Hearing. There being no appearances, th Public Hearing was closed. M/S/C (Caffery/Scott, 6-0, 1 abstention/Hutcheson) To recommend approval to the ity • Council. Commissioner Hutcheson re-entered the council chamber at 2:42 p.m. 4 City of Palm Springs Planning Commission Minutes of October 11, 2006 i 8. Case TPM 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, APN: 502-560.038. (Project Planner: Diane Bullock, Associate Planner) Principal Planner, Edward Robertson, provided background information as outlined in the staff report dated October 11, 2006. Commissioner Scott requested clarification on Condition #43 pertaining to the parking. Commissioner Caffery voiced his concern with the location of the drive-ways and requested the final map to be prepared with the deletion of the driveways. • Chair Marantz opened the Public Hearing. There being no appearances, the Public Hearing was closed. M/SIC (Hutcheson/Caffery, 7-0) To recommend approval to the City Council; with the addition of the following condition: `The Tenative Parcel Map to include the deletion of the driveways and refer to the Engineering Department for approval of the ingress and egress. A recess was taken at 2:50 p.m. The meeting resumed at 3:00 p.m. -------------- 9. oning Ordinance Amendment for Chino Cone and Adjacent Areas - To co er an amendment to the Environmentally Sensitive Area-Specific Plan (ESA-S ne. (Project Planner: Craig A. Ewing, Director of Planning Services) Craig A. Ewing requested a continua o the meeting of October 26, 2006_ Chair Marantz opened the Public hearing. There ng no appearances, the Public Hearing was closed. M/S/C (Ringlein/Cohen, 7-0) To continue, to the meeting of October 25, 5 City of Palm Springs Planning Commission Minutes of October 11, 2006 10. Case 5.1042 PD 311 1 TTM 33514 - An application by South Palm Canyon \2. ent for Wayne & Frances Lee, for a proposed Planned Development to allow the development of 125 condominium units and mately 39,000 square feet of commercial space on an approximate e site located at 450 - 490 South Palm Canyon Drive, Zone C-t3-D, 15, APN: 513-214-004, 005 and 513-214-010, 011. (Project Planner: Robertson, Principal Planner) (Cont'd from 9127/06) Principal Plann , Edward Robertson, provided background information as outlined in the staff report da d October 11, 2006. Commissioner Scott r uested clarification pertaining to the comment made in the Final Environmental Impact R ort by the Fire Chief. Chair Marant7 opened the P lic Hearing. -Brian Linnekans, applicant, spo about the process and indicated that they have gone through 7 major revisions. He a ressed the design challenges of the project and gave additional information. -Ana Escalante, architect, spoke of t e benefits to the City and indicated all the concerns have been addressed. -Lance O'Donnell, architect, spoke abou the Downtown Urban Guidelines relating to the massing of the buildings going east I st. He gave further details relating to the parking, pedestrian activity and energy efficien eatures of the project. -Ed Torres, PSEDC, spoke in support of this prof t and requested approval. -Rob Firth, Palm Springs, spoke in favor of the proj t and commended the developer. -Ernie Vincent, Palm Springs, spoke in favor of the p ject and of the importance of the revitalization of downtown. -Joy Meredith, Palm Springs, spoke in favor of the project. -Ziva Hillenger, Palm Springs, spoke in favor of the project d requested approval. -Jim Stuart, Palm Springs, spoke in favor of the project and ur d approval. -Char, Palm Springs, spoke in favor of the project. -Marvin Roos, MSA Consulting, commented that they prepay the environmental documentation and provided further information. -Bob Nelson, Palm Springs, Palm Springs, commented that he has tra eled all over the world and has seen many mixed use projects. -Jim Gurney, Palm Springs, thanked staff and the development team; spo a in favor of the project. -Tamara Stevens, Palm Springs, spoke in favor of the project and requested a roval. There being no further appearances, the Public Hearing was closed. fi i City of Palm Springs Planning Commission Minutes of October 11, 2006 Com Issloner Cohen thanked the developer for listening to the people and suggested to the plicant that the balconies be kept clean and not cluttered. Tom Doczi, alm Springs, provided additional details relating to the landscaping and the water feature oposed on the corner of Indian Canyon Way. Commissioner Sco voiced his concern with the density and mass of the project and gave several suggest ns. The draft resolution was di ributed and reviewed with the Planning Commission. M/S/C (Vice Chair Hochanadel ohen, 7-0) To approve the project Architecture, certify the Final E.I.R. and approve PD 3 1, subject to Conditions of Approval. 11. COMMISSION WORK PROGRA *General Plan Update *Work Program Priorities and Subco ittee Assignments Craig A. Ewing gave an update relating to the housi element and the land use. 12. CITY COUNCIL ACTIONS: Update. 13. COMMISSION/STAFF REPORTS AND REQUESTS - Commissioner Caffery suggested further discussion be made relating to etal buildings. Vice Chair Hochanadel requested clarification on permits for outside ven rs on the corner of Palm Canyon and Baristo Road, 14. ADJOURNMENT: There being no further comments, the meeting adjourned a 4:31 p.m. ai A. wing, P Dire or of PI a nin Services 7 �pALM SA ti y c+ V .n rY City 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 SUMMARY 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.) 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) ANALYSIS 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 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: IFinance Director Review: No fiscal impact. ACE wing, I P Thomas Wilso ssistant City Manager ❑irect'or of Pla ni g Services Development S6rvices 4 David H. Ready, City M Attachments 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Planning Commission Staff Report 5. Reductions i City Council Staff Report October 18,2008 Case 3,2034 TTM34933 Page 4 of 18 r Department of Planning Services w E Vicinity Map S ' � I rDRIV RIVERS P.IVER r W N SAN LOR IZO RD � N ,fix I I I i � I ❑ w w LLF �j MESQUIT SAVE ------- GO O T- H Legend ~ Project Site O 400 Foot Radius N i i ,I Parcels -------- I i I City of Palm Springs City Council Staff Report October 18,2006 Case 3.2934 TYM34933 Page 5 of 18 i 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 r 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 public 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. ii �r„ir,i'C�I City Council Staff Report October 18,2006 Case 3 2934 TTM34933 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, CLOA, 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 October 18,2006 Case 3,2934 TTM34933 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 13' day of November, 2006. MAYOR ATTEST: City Clerk City Council Staff Report October 18,2006 Case 3.2934 TTM34933 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 r �ncr„n City Council Staff Report October 18,2006 Case 3,2934 TTM34933 Page 9 of 18 EXHIBIT A PARCEL MAP 33054 CONDITIONS OF APPROVAL PEGASUS FINANCIAL ENTERPRISES, LLC_ SOUTH SUNRISE WAY NEAR EAST MESQUITE AVENUE CITY COUNCIL NOVE=MBER 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 1. 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 assdciated 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 City Council Staff Report October 18,2006 Case 3.2934 TTM34933 Page 10 of 16 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 City Council Staff Report October 13,2006 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 October 18,2006 Case 3.2934 TTM34933 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 City Council Staff Report October 18,2006 Case 3,2934 TTM3033 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 Map. 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 e _ City Council Staff Report October 18,2006 Case 32934 TTM34933 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 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 c. All appropriate certifications listed in Chapter 93.17.12(A) 'of the Palm Springs Zoning Code; and City Council Staff Report October 18,2006 Case 3,2934 TTM34933 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, City council staff Report October 18,2006 Case 3.2934 TTM34933 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 October 18,2006 Case 3.2934 TTM34933 Page 17 of 18 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.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 (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. i 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 u City Council Staff Report October 18,2006 Case 3.2934 TTM34933 Page 18 of 18 minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transporlation, "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. CRfif HIC UCAIX LOT I. lx xo 115R .av r 10 Blue W wnr avxto srwl[Me.a /(WY j': E `0 r ps•' ,�'" ,+" ,r rye �� I. I I �r N%�•. PA ,=2 97U44SF v�1' I l,'I Q II'• � Y 1f4 f20Sf Y, / l/f� ,.J a I 'r I E —r•J,r / LM4cLE94RP7XWv QI7 Al l 1 _ ter I ::.111:, / i l— � I Icy„M; �� ��r'-• n1 „!�j=�-r—asS'-•-�-� s„ J vr+c�ar,�a a I,i I I !pp� en✓ e -s`1-au / NETAf1Fih'si jauii:� II oWN£RI .wnwdewnr M PPRRA9 By' MI IJ SGaa RI[I G�MIO PV•f N IISIS • ALI Illy 11�11 ]]F ^11 SUR/VWDIN 41N0[6E 'I � Na 0Y.,r(II JSIR SIdY ryaavR • 4ryl�v �[ISI i'C!G�iI0 -KTWII-Nu,YI sw9CE 7DR2S305'ff + WM. ' --.r�eY�++,�.,�/M1. FFh1A HLta7IDVEL�51dY4T2YYJ rwa.m errgr ,xwm� E I RF6Np)112$RS U. /NTIeCY/YmciIMSPRrMa�oxwrraArvt MLs TENTAT/I�EPARCEL MAPND. 33054 r _ BPM;A�'UBbvlSf}'✓CYlOrsp�RWCfne�?I5 Q me i43174 I L OCT-24-2006 TUE W 58 PM _ FAX N0, P. 02 AGUA CALIENTE BAND OF CAHUILLA INDIANS TRIBAL PLANNING & DEVL:L OPMENT October 24, 2006 Via Facsimile Diane A. Bullock, Associate Planner City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Tentative Parcel Map No. 33054 Dear Ms. Bullock: The Tribal Council will be reviewing this project at its next meeting on November 7'I'. 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 AQUA CALIENTE BAND OF CAHUILLA INDIANS MEP/mg C: Tom Davis, Chief Planning & Development Officer Project File I . 777 EAST TAHQUITX CANYON WAY, SUITE 301 , PALM SPRINGS, CA 9A?4S2 i T 760/3$5/9dOO F 760/325/6952 AGUACA LIENTE.o RG p A LM Sq4 � Z c V y, PLANNING COMMISSION STAFF REPORT Date: October 11, 2006 To: Planning Commission Application I.D.: TPM33054 Application Type: Tentative Parcel Map Location: South Sunrise Way near East Mesquite Avenue Applicant: Pegasus Financial Enterprise, LLC. APN: 502-560-038 Zoning: W-R-1-C Watercourse, Single-Family Residential General Plan: L-4 Low-Density Residential From: Craig A. Ewing, AICP, Director of Planning Services Planner: Diane A. Bullock, Associate Planner DESCRIPTION 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 Land Uses North L4 PD-153 Church and School South L4 R-1-C Multi-Family Residential East L4 PD-75 Multi-Family Residential West L4 R-1-C Single-Family Residential ANALYSIS 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: Planning Commission Meeting TPM33054 October 11, 2006 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 "VV" 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 lass 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. i 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 Planning Commission Meeting TPM33054 October 11, 2006 Page 7 of 23 c� ks'll Diane A. Bullock Associate Planner -C CQT41 A-:swing; ICP Dire oorr of Placing Services ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval Department of Planning Services W N E Y� Vicinity Map S N RIVERSIDE DR S RPiER OE DR --- i r >` i w N SAN LOP �IZO RD { y i U �j NIESQUIT AVE c a _¢ o -- N x 0 r Legend ®Project Site z n 400 Foot Radius m • •J Parcels CITY OF PALM SPRINGS DESCRIPTION: To consider an application by CASE ND: TPM 33054 Pegasus Financial Enterprise, LEC 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 !) 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 ("CECIA"), and is categorically exempt From the provisions of CEQA per Section 15315 (Minor Land Divisions). 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 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. 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. 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: Planning Commission Meeting TPM33054 October 11, 2006 Page 12 of 23 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Secretary of the Planning Commission Chairman of the Planning Commission 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 F k. 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. I 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. 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 cuVfill 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 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 fbr review and approval by the City Engineer prior to approval of the Parcel Map. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. ,j �^.rrofi 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 swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. i 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: 760-7713-8208). i, • rZ I Planning Commission Meeting i 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 I 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 strictures (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 ,f7 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 LOMP 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 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 i 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 'fir 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.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; futl' 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 CDRQM/DVD I Planning Commission Mecting TPM33054 October 11, 2006 Page 23 of 23 containing the following! ArcGIS Geodatabase, ArcView 5hapefile, 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 I 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. i i II, 106/r i rienviuc xnu L, � I irow¢°cnee..°n•v"vrcn..vrio. ,�-n . ws k / naacsP ,�1'�''I;--�'� \ I/ I/�j,��✓" of iY -- -- ---J ' rz ryh' Y: IIY• �r�~�h - flu ll'/ �r— r E ow, w°g,e I I � r-fir-c �7aWas. sI WAY M4PPF�AR`DHM 1 �,1n k�nese��eu�ppu�['e+M[t 1 1 - R3WMWM%CLESG l .. 1 } 1 YGIVII'AtAP li lrt'lr'�_� BAENCINEC12Sr WC, av mFPli'O`PAUASpIM1ev m�nm•amrrm�srna=cw,v-r.vra w[[.°o TENTATIVEPARCR MAPNO, 33054 ff AFiAaYbtT![r[OT3Ll�IF4CTnQ]>359,. ME]cy/fa Q� _ 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 i 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][21). An opportunity will be given at said hearing for all interested persons to be he 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 _ con Nadine Fieger telefono (760) 323-8245. ?e-92Thompson, City Clerk Department of Planning Services W N E a Vicinity Map s ---- N RIVERSIDE DR I �, I I I I -- -- S RIVER. DE DR - - - -- - .Ili- -- -• � ---I� �� N SAN LOR ZO RE) z --- �, W cu I U MEsqurf AVE U IN N O Legend z u -I � Project Site 400 Foot Radws IY Parcels 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-RIC, Section 24. APN: 502-560-038. PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, NOVEMBER 1, 2006 I CITY COUNCIL CHAMBER ' CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M. EDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INV ATION: Pastor Bill Johnson, Palm Springs Presbyterian Church, led the Invoca . n. ROLL CAL PRESENT: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: \City ber McCulloch and Councilmember Mills. ALSO PRESENer Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIO Mayor Oden ancil presented Assistant Chief Steve Lykins and Lt. John Marinez, Califoatrol, with a Certificate of Recognition for their assistance with the Palm Springs America Heat Motorcycle Weekend. Mayor Oden and the City Coun 'I presented a Certificate of Recognition to the California Highway Patrol for their sistance with the Palm Springs American Heat Motorcycle Weekend. Fire Chief Blake Goetz acknowledged Des Fire Extinguisher Co. Inc. for their many contributions to fire safety to the City and com unity of Palm Springs. Mayor Oden and the City Council presented Maxwell Security Officer Geofrey Imeson with a Certificate of Recognition for his courage and action while assisting the Police Department in the recovery of stolen property. Mayor Oden announced the grand opening of the new b 'Iding at the James 0. Jessie Desert Highland Unity Center. REPORT OF CLOSED SESSION: City Attorney Holland stat that at 4:30 P.M. the City Council called the meeting to order and recessed into Clos d Session to discuss matters on the posted Closed Session Agenda. No reportable actin were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested Item 2.S. be removed from tie Consent Calendar for separate discussion, and Item 51. be tabled to the meeting o December 6, 2006. City Council Minutes November 1, 2005 Page 2 Councilmember Pougnet requested Item 2.5. be removed from the Consent Calendar V separate discussion. M\ Pro Tem Foat requested Items 2.C. and 2.H. be removed from the Consent Calendar for separate discussion, and noted her property ownership abstention on Item 2.R, City Attorne Holland stated Item 2.R. requires three votes and requested the City Council table t Item to November 16, 2006. Mayor Oden requ ted Items 2.C., 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separat discussion, ACTION: Accept the Ag da as amended. Motion Mayor Pro Tern Foat, seconded by Councilmember Poug t and unanimously carried 3-0 on a roll call vote, AYES: Councilmember ugnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCu och and Councilmember Mills. 1. PUBLIC HEARINGS: 1.A. TRANSPORTATION UNIFOR MITIGATION FEE (TUMF) 2006 NEXUS STUDY REPORT AND INCREASING THE ' TUMF AMOUNTS APPLICABLE TO ALL DEVELOIENTS IN THE CITY OF PALM SPRINGS AND AMEND BOUNDARIES OF APPLICABLE FEES: David Barakian, City Engineer, provided background information as outlined in the staff report dated November 2006. Mayor Oden opened the public hearing, and n speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 21752, "A RESOLU ON OF THE CITY COUNCIL OF THE CITY OF PALM SPRING , CALIFORNIA, APPROVING THE TRANSPORTATION UNIFORM MI ATION FEE (TUMF) 2006 NEXUS STUDY REPORT AND INCREASIN THE TUMF AMOUNTS APPLICABLE TO ALL DEVELOPMENTS IN TH CITY OF PALM SPRINGS;" and 2) Introduce on first reading Ordinance 1704, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIF NIA, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL C E, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CIT� ,\ City Council Minutes Novembe t, 2006 Page 3 ADOPTED TRA TATION UNIFORM MITIGATION FEE (TUMF)." Motion Councilmember t seconded by Mayor Pro Tern Foat and unanimously carried 3-0 on a r II vote. AYES: Councilmember Pougnet, Mayor Pro Tern o ayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 1.13. 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: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 1, 2006. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Pougnet requested staff provide additional information with respect to the driveways off of Sunrise Way, and the configuration of the sidewalks. Mayor Oden requested staff address the Planning Commission discussion of the driveways and the access from Sunrise Way. Mayor Pro Tom Foat commented on the driveway access directly on Sunrise Way, and requested staff address alternatives. Mayor Oden requested staff address the approval process for the map and the site plan which allowing access onto Sunrise Way. Councilmember Pougnet commented on the setbacks, requested staff address possible access from Mesquite, or an easement over the DWA property. ACTION: Return back to the Applicant and staff for further review with respect to access options. Motion Mayor Pro Tem Foat, seconded by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None, ABSENT: Councilmember McCulloch and Councilmember Mills. City Council Minutes November 1, 2006 Page 4 I PLICATION BY ALCOA WIRELESS SERVICES OF SPRINT L, AGENT FOR DOUGLAS C. JONES, FOR A CONDITIONAL ERMIT TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS UNICATION ANTENNA DESIGNED AS A MONOPALM AND NICAL EQUIPMENT WITHIN THE EXISTING BUILDING ED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P, ON 7: Newell, Assistant Planner, provided background information as d in the staff report dated November 1, 2006Oden opened the public hearing, and the following speakers ed the City Council. H NA, representing Sprint Nextel, provided background information d outlined the need for the cell tower. Mayor Pro Tem oat requested the Applicant address fencing. Councilmember Po gnet requested staff address a wall surrounding the monopalm. Mayor Pro Tem Foat req sted a map of all cell towers in the City. WILLIAM FERRA, Palm Sion gs, commented on the visual aspects of cell sites, and requested the City until approve the tower. No further speakers coming forwa , the public hearing was closed. ACTION: Adopt Resolution No. 2175 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P LM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PE IT 5.1109 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS MMUNICATION ANTENNA DESIGNED AS A MONOPALM AND CHANICAL EQUIPMENT WITHIN THE EXISTING BUILDING LOC TED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P, S TION 7." Motion Councilmember Pougnet, seconded by ayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, ayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mi s. City Council Minutes November 1, 2006 Page 5 X NT: NBERG, Palm Springs, commented on the conditions at the Palm helter. S, thanked the City Council for their efforts to the City. Palm Springs, stated his support for Item 5.A. and requested City Council support. BOB HELBLING, Pal Springs, commented on the Palm Hotel project and the pending litigation. MIKE BALASA, spoke in fav r of Item S.A., and requested City Council support, ADAM GROSSO, Palm Spring , spoke in support of Item 5.A. and requested the City Council support a Hate Free Com unity. DOUG HAIRGROVE, spoke in suppo\isupport .A., the Hate Free City Resolution. j MAILE KLEIN, Palm Springs, spok of Item S.A. the Hate Free City Campaign. CLAIRE JORDAN GRANT, Palm Spr in support of Item 5.A. and requested the City Council support the Hate Free City Cam ign. TOM SWANN, Rancho Mirage, requested the V terans for Peace be allowed to participate in the Veteran's Day Parade. WENDY BUSIG-KOHN, Palm Springs, commented on 't\upcoming ested the word "Hate" be replaced with a positive image, PHYLLIS SILVER, Palm Springs, commented on Item 5.A. is no need for this action. DANA STEWART, Palm Springs, commented on compactg and the upcoming November 7, 2006, election. CANDY CORBETT, commented on the candidates for vember 7, 2006, election. City Council Minutes November 1, 2006 P ge 6 COUN ILM EMBER COMMENTS AND REQUESTS: i Mayor Pro Tern Foat commented on a recent article in the Desert Sun regarding the ' litigation of a Palm Hotel and requested staff review the request of the Veteran's for Peace in the teran's Day Parade. CITY MANAGER REPORT: City Manager Ready updated the City Council on Code Enforcement Activiti s in the City. 2. CONSENT CAL NDAR: ACTION: Approve Items 2.A., 2.B., 2.D., 2.E., 2.1., 2.J., 2.K., 2.L., 2.M., 2.N., 2.0., 2.P., 2.Q., a 2.R. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat nd unanimously carried 3-0 on a roll call vote. AYES: Councilmem er Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember cCulloch and Councilmember Mills. 2.A. REPORT ON POSTING THE AGENDA: ACTION: Receive and file eport on the Posting of the November 1, 2006, City Council Agenda. A proved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WA ANTS, CLAIMS AND DEMANDS: ACTION. 1) Adopt Resolution No. 1754, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYRO WARRANTS FOR THE PERIOD ENDED 10-07-06 BY WARRANTS MBERED 411011 THROUGH 411061 TOTALING $73,036,49, LIA ITY CHECKS NUMBERED 1016404 THROUGH 1016454 TOTALING $137,058.09, THREE WIRE TRANSFERS FOR $77,991.80 AND THREE LECTRONIC ACH DEBITS OF $1,020,05323 IN THE AGGREGATE A UNT OF $1,308,139.61 DRAWN ON BANK OF AMERICA;" 2) Adopt solution No. 21755, "A RESOLUTION OF THE CITY COUNCIL OF \IB3WARRANTS OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMELAIMS AND DEMANDS BY WARRANTS NUMBERED 10164GH 1016748 IN THE AGGREGATE AMOUNT OF $2,546,765N ON BANK OF AMERICA;"' and 3) Adopt Resolution No. 2175LUTION OF THE CITY COUNCIL OF THE CITY OF PALM SALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMWARRANTS NUMBERED 1016749 THROUGH 1016806 I GREGATE AMOUNT OF $94,67311 DRAWN ON BANK OF ." pproved as part of the Consent Calendar. City Council Minutes PAovember 1, 2006 e7 2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE PROTECTED-PERMISSIVE SIGNAL CONVERSION PROJECT, CITY PROJECT 05-07: ACTION: Adopt Minute Order No. 7944, Approving the plans, pecifications and working details for the Protected-Permissive Signal nversion Project, City Project 05-07, and authorizing staff to advertise an olicit bids. Approved as part of the Consent Calendar. 2.E. TREA RER'S INVESTMENT REPORT AS OF AUGUST 31, 2006: ACTION: eceive and file Treasurer's Investment Report as of August 31, 2006. App ved as part of the Consent Calendar. 2.1. EXTENSION RETENTION PERIOD FOR PROPERTY ACQUIRED BY THE COM NITY REDEVELOPMENT AGENCY USING FUNDS FROM LOW AN MODERATE INCOME HOUSING FUND AND AUTHORIZATION T ISSUE A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF T E SITE WITH MODERATE-INCOME, FOR-SALE HOUSING: ACTION: 1) Adopt Resolut\RRETAINING 757, "A RESOLUTION OF THE CITY COUNCIL OF THE ClPALM SPRINGS, CALIFORNIA, EXTENDING THE PERIOETAINING PROPERTY ACQUIRED BY THE COMMUNITY REMENT AGENCY QF THE CITY OF PALM SPRINGS USINGFROM LOW AND MODERATE INCOME HOUSING FUNDuthorize staff to finalize and issue a request for proposals for lo ment of the site with moderate- income, for-sale housing. As art of the Consent Calendar. 2.J. AWARD OF CONTRACTHE AVENIDA CABALLEROS SHOULDER PAVING, CITY PROJECT 05-08. ACTION: 1) Adopt Minute Order No. 7948, Ap oving an agreement with NPG Corporation in the amount of $34,444.00 fo the Avenida Caballeros Shoulder Paving Project, City Project No. 05-08; an 2) Authorize the City Manager to execute all necessary documents. A536 Approved as part of the Consent Calendar. 2.1(. CONTRACT SERVICES AGREEMENT IN THE AMOU T OF $65,270 WITH DATELAND CONSTRUCTION CO., INC. FOR V LAGEFEST BOLLARD PROJECT, CITY PROJECT 05-25: ACTION: 1) Adopt Minute Order No. 7949, Approving a contra services agreement with Dateland Construction Co., Inc., .in the am unt of $65,270., for the VillageFest Bollard Project, City Project 05-25; d 2) Authorize the City Manager to execute all necessary documents. A 63. Approved as part of the Consent Calendar. City Council Minutes November 1, 2006 Page 8 2.XAP RANDUM OF UNDERSTANDING - PALM SPRINGS FIRE Y UNIT - PSFSU: N: 1) Adopt Resolution No. 21758, "A RESOLUTION OF THE CITY CIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO S, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPL YMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE SAFE UNIT (PSFSU), FOR THE PERIOD JULY 1, 2006, THROUGH JUNE 30, 2009, SUBJECT TO THE UNIT'S RATIFICATION AND EXECUTIN THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Mana'ger to execute the Memorandum of Understanding in a form acceptable to e City Attorney; 3) Adopt Resolution No. 21759, "A RESOLUTION 0 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIF NIA, APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITI NS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 2 12;" and 4) Adopt Resolution No. 217% "A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDING THE BUDGET FOR FISCAL YEAR 2006-07."A5364. Approve s part of the Consent Calendar. ' 2.M. SUPPLEMENTAL PREMIU FOR EXCESS WORKERS • COMPENSATION INSURANCE R FISCAL YEAR 2005-06: ACTION: Adopt Minute Order N 7950, Authorizing payment of the supplemental premium for the City Of Palm Springs excess workers compensation insurance for Fiscal Ye r 2005-06 to Davis and Graeber Insurance Services Inc. Approved as pa of the Consent Calendar. 2.N. AGREEMENT TO PROVIDE, JAIL SER ICES TO THE CITY OF DESERT HOT SPRINGS AT THE CITY OF P M SPRINGS JAIL: ACTION: 1) Adopt Minute Order No. 7951, Ap oving an agreement with the City of Desert Hot Springs to provide jail se ices at the City of Palm Springs Jail; and 2) Authorize the City Manager to xecute all necessary documents. A5365. Approved as part of the Conse t Calendar. 2.0. MULTI-AGENCY COOPERATIVE AGREEMENT FOR THE INTEGRATION OF A COMPUTER AIDED DISPATC / RECORDS MANAGEMENT AND MOBILE DATA COMMUNICATIONS YSTEM: ACTION: 1) Adopt Minute Order No. 7952, Approving an ag ement with the City of Cathedral City, the City of Desert Hot Springs, and e City of Indio for CAD/RMS and MDC data sharing; and 2) Authorize he City Manager to execute all necessary documents. A5366. Approved part of the Consent Calendar. City Council Minutes November 1, 2006 Page 9 2.P. ACCEPTANCE OF A DUI CHECKPOINT GRANT FROM THE CALIFORNIA OFFICE, OF TRAFFIC AND SAFETY: CTION: 1) Adopt Minute Order No. 7953, Authorizing the acceptance of a UI Checkpoint Grant from the California Office of Traffic and Safety (0 ) in the amount of $22,519.14; and 2) Authorize the City Manager to exec a all necessary documents. A5367. Approved as part of the Conse t Calendar. 2.Q. PROPOS AGREEMENT WITH THE PALM SPRINGS AIR MUSEUM TO PROVI COMMUNITY ASSISTANCE FUNDING IN THE AMOUNT OF $30,000: ACTION: 1) A opt Minute Order No. 7954, Approving a Community Assistance Fundi g Agreement with the Palm Springs Air Museum, not-to- exceed $30,000, a form acceptable to the City Attorney; and 2) Authorize the City nager to execute the agreement. A5368. Approved as part of the Conse t Calendar. EXCLUDED CONSENT CALENDAR: 2.C. AIRPORT CONCESSION DIS DVANTAGED BUSINESS ENTERPRISE PROGRAM - ACDBE: Mayor Oden requested staff addr ss Disadvantaged Business Enterprise Program and requested additional crite ' with respect to diversity for a City wide program. Mayor Pro Tern Foat commented on the p evious Council requests for a local program. ACTION: 1) Adopt Minute Order No. 7943, Ap oving the City of Palm Springs International Airport Concession Disadvantaged usiness Enterprise (ACDBE) Program, pending FAA approval; and 2) Authorize he City Manager to execute all necessary documents. Motion Councilmembe Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll all vote. AYES: Councilmember Pougnet, Mayor Pro Te Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilme ber Mills. 2.F. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMA E (PS&E) AND AUTHORIZATION TO BID THE 2006-07 CITYWIDE SEWER EPAIRS, CITY . PROJECT NO. 06-04: Mayor Oden commented on the sewer project and warned reside is of impacts to traffic during construction. City Council Minutes November 1, 2006 P e10 ACTION: Adopt Minute Order No. 7945, Approving the plans, specifications and orking details for the 2006-07 Citywide Sewer Repairs, City Project 06-04, and a horizing staff to advertise and solicit bids. Motion Councilmember Pougnet, sec nded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch, and Councilmember Mills. 2.G. EVENT SPO ORSHIP AGREEMENT WITH PALM SPRINGS ART MUSEUM FOR THE K. D. ANG CONCERT: Mayor Oden than d staff and the Palm Springs Art Museum, announced and encouraged Palm S ings residents to attend the concert. ACTION: 1) Adopt Min Order No. 7946, Approving an event sponsorship with the Palm Springs Art Mus um for the K. D. Lang concert in a form acceptable to the City Attorney; and 2) A thorize the City Manager to execute all necessary documents. A5360. Mot' Mayor Pro Tern Foat, seconded by Councilmember Pougnet and nanimously carried 3-0 on a roll call vote. i AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None, ABSENT: Councilmember McC och and Councilmember Mills. 2.H. NONEXCLUSIVE OPERATING & L SE AGREEMENT WITH USO - GREATER LOS ANGELES AREA, IN . FOR TERMINAL, SPACE TO OPERATE A USO SERVICE CLUB AT P LM SPRINGS INTERNATIONAL AIRPORT: Mayor Pro Tern Foat thanked staff for bringing t is item forward and announced the opportunities. Mayor Oden thanked staff and the USO, and comment d on the opportunities. ACTION: 1) Adopt Minute Order No. 7947, Approving a N -Exclusive Operating and Lease Agreement with USO - Greater Los Angeles A a, Inc. for Terminal Space to operate a USO Service Club effective November 1, 006 and valid until October 31, 2011; and 2) Authorize the City Manager to exec to all necessary documents contingent upon Federal Aviation Administration AA) approval. A5361. Motion Councilmember Pougnet, seconded by May r Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor den. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. City COunGil Minutes November 1, 2006 Page 11 2.R. PRO OSED RESOLUTION DENYING THE APPLICATION FOR THE CLASS 1 HISTO IC DESIGNATION OF THE SPANISH INN, LOCATED AT 640 NORTH INDIAN ANYON DRIVE AS A CLASS 1 HISTORIC SITE: ACTION: bled to November 15, 2006 under Acceptance of the Agenda. 2.S. WAIVER OF THE PALM SPRINGS AIR MUSEUM $0.25 PER TICKET ADMISSION F THROUGHOUT THE TERM OF AND SPECIFIC TO THE DA VINCI PROGRA NOVEMBER 3, 2006 - MARCH 24, 2007: Mayor Oden com%\theCity he vote of the Airport Commission. Councilmember Poequested background information and who is responsible for the pf the .25 cents per ticket. Mayor Oden requesddress the discussion at the Airport Commission meeting. Councilmember Pouueste staff address the fee waiver for marketing. Mayor Pro Tern Foented the event and the importance of the promotion of the evee City. Mayor Oden requesaddress the nscussion of the funding by the Airport Commission, and commented on the benefit of the Museum to the community. ACTION: 1) Adopt Minute Order No. 7955, A roving the waiver of the Palm Springs Air Museum $0.25 Per Ticket Admissio Fee specific to the Da Vinci Program effective November 3, 2006, through Ma h 24, 2007; 2) Authorize the City Manager to execute all necessary do\1, s. A5369. Motion Councilmember Pougnet, seconded by Mao Tern Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor PrTernoat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Com er Mills. 3. LEGISLATIVE: 3.A. INITIATION OF ZONE TEXT AMENDMENT TION 9 .20 (SIGNS) OF THE PALM SPRINGS ZONING CODE D TO T PORARY CONSTRUCTION SIGNS: Craig Ewing, Director of Planning Servrovided ba kground information as outlined in the staff report dateber 1, 2006.ACTION: Initiate an amendment to the Zonde, pursuant to aimSprings ,Zoning Code Section 94,07.01.A.1evise regulations or Cit Council Minutes Nove ber1, 2006 Page 1 temporary construction signs contained in Section 93.20 (Signs) and submit the matter to the Planning Commission for public hearing and ecommendation- Motion Councilmember Pougnet, seconded by yor Pro Tem Foat and unanimously carried 3-0 on a roll call vote. AYE Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden- NOES. None. ABSEN • Councilmember McCulloch and Councilmember Mills. 4. UNFINISHED BU NESS: S. NEW BUSINESS: 5.A. PROPOSED RE LUTION AUTHORIZING THE PALM SPRINGS HUMAN RIGHTS 6' MMISSION TO EMBARK ON A "MATE-FREE CITY" CAMPAIGN: Barbara Barrett, Hum Rights Commission, provided background information as outlined in t e staff report dated November 1, 2006. Councilmember Pougnet req ested staff address the 60% target rate, other communities that have opted a Hate Free City Campaign, and comment on the possible effects nn Tourism- Mayor Oden recommended the Onmmission meet with the full City Council, affording the full Council an o� ortunity to express their ideas and i concerns. i Mayor Pro Tem Foat requested the first p ragraph be removed from the Resolution, and recommended that the City ouncil move forward with the Resolution as amended- ' Councilmember Pougnet requested staff address that no action to declare a Hate Free City is being taken with this action- Mayor Pro Tem Foat recommended a Study Session , ith the City Council i at about half-way through the process. Mayor Oden recommended a Joint Meeting of the City ouncil and the Human Rights Commission. ACTION: Adopt Resolution, "A RESOLUTION OF THE CITY OUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORT �G THE ESTABLISHMENT OF A PROGRAM FOR THE DEVELOPMENT OF A "HATE-FREE CITY" CAMPAIGN" as amended by deleting the first City Council Minutes Nov tuber 1, 2006 Page 13 paragraph- Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and failed 2-1 on a roll call vote. YES: Councilmember Pougnet, and Mayor Pro Tem Foat- ES: Mayor Oden. A ENT: Councilmember McCulloch and Councilmember Mills. Direct tall to schedule a Joint Meeting of the City Council and the Human Rights ommission at the first available date to allow the entire City Council to articipate in the policy discussion. By consensus of the City Council. 5.B. GREASE CON ROL DEVICE INCENTIVE PROGRAM: David Barakian, City Engineer, provided background information as outlined in the sta eport dated November 1, 2006. Councilmember Poug et commented on the initial direction of the City ' Council with regard to th program- ' Mayor Oden stated the buss\\esses not in compliance should be cited, and requested staff address several components of the program. Mayor Pro Tem Foat requeste, staff address the involvement of the restaurateurs and Main Street, and commented the program should be by priority zone, as opposed to a first-c me\vot first-serve basis. ACTION: Adopt Minute Order No- Approving the City of Palm Springs Grease Control Devientive Program. Motion Councilmember Pougnet, secondMayor Pro Tem Foat and unanimously carried 3-0 on a roll c . AYES: Councilmember Pougnet, Mayor Pr Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councl ember Mills. 5.C. REQUEST FOR EVENT SPONSORSHIP FOR E 3rd ANNUAL TASTE OF PALM SPRINGS: Troy Butzlaff, Assistant City Manager, Administr tion, provided j background information as outlined in the staff report date November 1, 2006. Mayor Oden stated he attended the meeting with the BureX smand the restaurants of Palm Springs who were not in favoent across the board- I i City Council Minutes November 1, 2006 Pa�e 14 Mayor Pro Tom Foat commented on the response from restaurant owners and the lack of benefits to the City from the event. ACTION: 1) Receive and file request for event sponsorship. Motion ouncilmember Pougnet, seconded by Mayor Oden and u nimously carried 3-0 on a roll call vote. AYE Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None. ABSENT. Councilmember McCulloch and Councilmember Mills. S.D. AWARD OF ONTRACT FOR THE 2006-07 ANNUAL SLURRY SEAL CITY PROJEC 06-13. City Manager R dy provided background information as outlined in the staff report dated vember 1, 2006. Mayor Pro Tom Foa commented on the past performance of the contractor, stated she quested an MDB program for these types of projects, and expressed h concerns with the contractor but indicated she would support the approval ly to keep the project moving. ACTION: 1) Adopt Minute Orde No. 7957, Approving an agreement with Bond Blacktop, Inc., in the amo t of $689,434.47 for Bid Schedules A through E (inclusive), for the 2006- 7 Annual Slurry Seal City Project No. 06-13; and 2) Authorize the City anager to execute all necessary documents. A5370. Motion Council ember Pougnet, seconded by Mayor Oden and unanimously carried -0 on a roll call vote. AYES: Councilmember Pougnet, Mayo Pro Tern Foat, Mayor Oden, NOES: None. ABSENT: Councilmember McCulloch and Co cilmember Mills. S.E. AUTHORIZATION TO SUBMIT AN APPLICAT N TO CALIFORNIA COMMUNITIES FINANCING PROGRAM TO ISSUE PENSION OBLIGATION BONDS: ' Troy Butzlaff, Assistant City Manager, Admini ration, provided background information as outlined in the staff report da d November 1, 2006, ACTION: 1) Adopt Minute Order No, 7958, Authorizing staff submit an application to the California Communities Financing Progra to Issue Pension Obligation Bonds in its next available pool; and 2) Direec staff to . return to the City Council with the necessary Resolutions and Agre6ments to begin the validation process. Motion Mayor Pro Tem Foat, seco� ed by Mayor Oden and unanimously carried 3-0 on a roll call vote. \ City Council Minutes November 1, 2006 Pa a 15 AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. S.F. 2 6 FIREFIGHTER STAFFING FEDERAL GRANT - SAFER: AC ON: Tabled to December 6, 2006, under Acceptance of the Agenda. COUNCILMEMBER MMENTS AND REPORTS: Councilmember Pougnet nnounced the upcoming RSVP event and Senior Citizen Volunteering for agencies. Mayor Oden announced the up ming activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council djoumed at 8:41 P.M. to a Study Session, Wednesday, November 8, 2006, at 6: P.M. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 P. Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PAL SPRINGS CITY COUNCIL THIS 15th DAY OF NOVEMBER, 2006. I MAYOR ATTEST: City Clerk 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 January 17, 2007. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider a previously reviewed Tentative Parcel Map 33054, an application by Pegasus Financial Enterprise, LLC, agent for New Mesquite Greens HOA, Lessee, 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-R1 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 Ken Lyon, Planning Services Department at (760) 323-8245. Si necesita ayuda can esta carta, portavor Ilame a la Ciudad de Palm Springs y puede tiablar con Nadine Fieger telefvnv (760) 323-8245. - ?esThompson, Citv Clerk ��o?s Department of Planning Services W N E o. n`a• Vicinity Map s I I Iµ - N RIVERSIDE DR I i I -- S RIVER DE DR - I I vi SAN LOR Z0 RD a Uj • __ 1 J y �j MESQ DIT_AVE [] Legend Prajed Site --- -- I I Q 400 Foot Radius ! I , Parcels ---- r � 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-RIC, Section 24. APN- 502-560-038. PROOF OF PUBLICATION This is'space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA Na. 006a NOTICE OF PUBLIC HEARING County of Riverside CITY COUNCIL CITY OF PALM SPRINGS TENTATIVE PARCEL MAP 33054 PEGASUSOUTH SUNRISE WAVISE,LLC NEAR EAST MESQUITE AVENUE ..- NOTICE Is HEREBY GIVEN met the CIWIII holdoil 'I,no City at Palm springs Caldorua, ❑ ck heanng a}Its meeting V. Janus t%,2007 I am a citizen of the United States and a resident of The CityCouncil meoling beg,ne at 6' 0 pp m.. In the County aforesaid;I am over the age of eighteen the ConQ0 ngmb Palm Spnngall, 3200 E. Tah- quim canyon ay, - I years,and not a party to or interested in the ThC purpose of this heailng Is to consider a pfavi above-entitled mutter.I and the principal cleric of a oust reviewed Tentative Par id Map 330 4, an printer of the,DESERT SUN PUBLISIIINC applYcatlon by Pag'asua FlnanclN Entcrprisu, LLC. agent far Now Mas ulie Greens HOA Lessen,to COMPANY a newspaper of general circulation, ;ubd,vido land for t e cam tructlor of three uln- IC famll res,dont,aI units on spprox,rnatcly 1.In tinted and published in the city of Palm Springs, saes Iocatod at,,,,Jill Sundeo Wa . near the In31 P y terscciion at ude Avenue Zone W-RIG. G, County of Riverside,and which newspaper has been section 2a. adjudged a newspaper of general circulation by the - Superior Court of the County of Riverside,State of California under the date o1"March 24,1988.Case Vida-ke,r Number 191236; that the notice,of which the I annexed is a printed copy(set in type not smaller •=ih• than non pariel,has been published in each regular and entire issue of said newspaper and not in any — supplement thereof on the following dates,to wit: - �, ' January 6"',2007 J All in the year 7007 =_•• - ENVIRONMENTAL DETERMINATION,This Pro- I certify(or declare)under penalty of perjury that the lect Is categoncah exempt from anv,ronmental foregoing is true and correct. review urauaPt to bectlon 15315(Minor Land lil- g E v,aon::P of the Cahlornla Envlropm�,Seo divide Act (GE�A), neCausi)the propos,� pprapurtY ,n an urbanized area yonodfao`resider- in pis t,al dcVelop moot Into rewor than ❑ Dated al Palm Springs,California this day me d.vLlon Is cone!srant wiin the Genera I whet Pion and the ioa'a+g: . __ of-----Januar ----- -------- ----,2007 REVIEW OF PROJECT INFORMATION:Thesall topp°nro and are ravuPpble for documents °bllc eevltm at Ci hl9 p I 1-tall m.Monday it roeg�aF Ida fi PlOssc contact t"e Office of the G,tyy Clerk at�50) 323-6204 It you ev ew -Y`y—--------------- Wo this notico maydbeemnd�an appointment to Kns :.�i----•----� - these d°cumcraa. -� - igllature COMMENT ON THIS APPLICATION: the ubea -- verbally at rlitg blic WIlt- Hcar,ng and/or m writing be atihe Cdy&urlca ---� ten comments mac be py loner(for mall ar hand delivery)to: J 3200 E.iahquitz bantyton Clem J g2262 - Palm Springs.CA F C nR 11 challenge of thg proposed pro eat In court be Ilia d to ras,Pescr,lbad�n t�ls un rice,odr public heanng d in wntten Corraspandence delivered to thavem r - 1,n Clerk at,°r pnot,t°the Puhhc hcAdngopp0 n,ty ^li'1U\i' meat Code Sect,pn 65006(hl[2))' glvon at Fa,d hearing for all Interested per- son: to be heard. Ken troyyns reg,,,In tslINleas Dceadme it t(760)323 8245. P 0 S,neceslta eyuda con agta cons,porfavor lame a la Gludad de Palm SPr,n9e y PuCde hablar con Nadine F,eger telefono(7E0) 323-8245. Jai ThEmpson, Cby CerK Published: 1/0/2007 O�TALMSA V City of Palm Springs + Office of the City Clerk a * 3200 L. Tihc1uinan Y �C un Way Palm Springs, California 92262 � C�ROYmTtO', Y C �P Tel: (70) 323-5204 ° Fuz (760) 322-S332 • Web. www.ci.palm-spnnga.c%us q�r�0 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, Lessee, 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, was mailed to each and every person set forth on the attached list on or before the 6ffi day of January, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (105 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this Sta day of January 2007. MESTHOMPSON City Clerk /kdh Affidavit Pegasus 01 17 07.doc Post: Officc Box 2743 • Palm Sprmgs, California 92263-2743 NEIGHBORHOOD COALITION REPS Case TTM 33054 MS APRIL HILDNER MR TIM HOHMEIER Pegasus Financial Enterprises, LLC (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting-01.17.07 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISEJVISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MS LAURI AYLAIAN MR PETE MORUZZI HISTORIC TENNIS CLUB ORG MODCOM AND PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HISTORIC SITE REP I I I PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263.4738 CITY OF PALM SPRINGS CASE TTM 33054 PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 506 W. SANTA CATALINA ROAD VERIFICATION NOTICE 1 1 1 PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 II 1 1 1 1 INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 PEGASUS FINANCIAL ENTERPRISES MR ANTHONY R. BOGARD - 1075 S. PALM CANYON DRIVE PEGASUS FINANCIAL SPONSORS. 11 1 _ . PALM SPRINGS, CA 92264 2270 SOUTHRIDGE PALM SPRINGS, CA 92264 MR SAMUEL E. OLAZABAL PETE BILLINGTON &ASSOCIATES ^\,j PEGASUS FINANCIAL 966 VELLA ROAD 68-565 TORTUGA ROAD PAL SPRINGS, CA 92264 CATHEDRAL CITY, CA 92234 r 502-370-020 502-370-021 502-370-022 LESSIN IRVING L CARSON MARILYN A THORNTON RALPH C 1001 SAINT GEORGE CIR 1000 SAINT THOMAS CIR PO BOX 397 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92263 502.370-023 502-370.024 502-370-025 ADDISON PAUL R TERRY LARRY D ELLINGTON RUTH JOY 35402 VISTA REAL 110 NORTHGATE DR 1007 SAINT THOMAS CIR RANCHO MIRAGE,CA 92270 MODESTO,CA 95350 PALM SPRINGS,CA 92264 502-370-026 502-370-027 502-370-028 KNOTT JAMES L TORRES BENJAMIN LANGELL BOBBY ARLEN 363 W ALEXANDER AVE 1213 SAINT CHARLES ST 1001 WINSORAVE SAN BERNARDINO,CA 92405 ALAMEDA,CA 94501 PIEDMONT,CA 94610 502-370-029 502-370-030 502-370-031 CORDELL RUSSELL W LINK DAVID RAVICCHIO ISABELLE L 1661 PONDEROSA WAY 807 LAPAYETTE ST 1011 SAINT THOMAS CIR PALM SPRINGS,CA 92264 DENVER,CO 80218 PALM SPRINGS,CA 92264 502-370-032 502-370.033 502-370-034 DEMIRJIAN AUDREY GONZALES IIENRIETTA A HAMS PETER D PO BOX 5634 1700 GRAND BAHAMA DR W 6526 DREXEL AVE PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92264 LOS ANGELES,CA 90048 502-370-035 502-370-036 ELLIS SANDRA KAY PHILLIPS NORMAN 502-370-037 209 PEYTON ST 1706 GRAND BAHAMA DR W COMMON AREA GENEVA,IL 60134 PALM SPRINGS,CA 92264 ' 502-370-019 502-370-018 502-370-017 CORELLA DEAN J SCHWARTZ MELVIN GOULDEN M&D INTERVIVOS TRUST 488 W BARTSTO RD 1005 SAINT GEORGE CIR 524 N TIGERTAIL RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 LOS ANGELES,CA 90049 502-370-016 502-370-015 502-370-014 ' ALBERTO RALPH P HAWTHORNF J GARY SLG PROP 1009 SAINT GEORGE CIR 1775 E PALM CANYON DR H 1836 UNION ST PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 ISAN FRANCISCO,CA 94123 502-370-013 502-370-012 502-370-011 EOLEY DAVID S REGAL MICKEY MILLER PATTERSON DAVID T 2920 UNION 303 1014 SAINT THOMAS CIR '1012 SAINT THOMAS CIR SAN DIEGO,CA 92103 PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 502-370-010 502.370-009 1502-370-008 DEBBY JOHN G DAKE JAMES GUY MCLOUD BRUUCE H 1105 COVENTRY PL 1008 SAINT THOMAS CIR 1714 GRAND BAHAMA DR W EDINA,MN 55435 PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 77N1 22 o s4 Q 502-370-007 502-370-006 502-370-005 REDDEN REX KNUTZEN DAVID WYNNE ROBERT J 3470 SUMMERFIELD DR PO BOX 591 PO BOX 1450 IDAHO FALLS,ID 83404 WOODINVILLE,WA 98072 KLAMATH FALLS,OR 97601 502-370-004 502-370-003 502-370-002 SCOTT WALTBR TILLING GWENETH M ROSS JACK B 26092 64TH AVE 1720 GRAND BAHAMA DR W 115 S SWALL DR 1 V4W 1M PALM SPRINGS,CA 92264 LOS ANGELES,CA 9004$ 502-370-001 009-613-311 009-613-310 SMILAY MARTIN B LEE YOUNG S NEW MESQUITE DEV ASSOC LTD 1716 GRAND BAHAMA DR W 681 S WESTERN AVE PO BOX 1906 PALM SPRINGS,CA 92264 LOS ANGELES,CA 90005 PALM SPRINGS,CA 92263 009-611-866 009-610-834 NEW ME ITE DEVELOPMENT 009-610-838 RIVERSIDE COUNTY FLOOD LEE YOUNG S Y7�iS T➢ CONTROL (Q.M 681 S WESTERN AVE EL PASEO 1995 MARKET ST DESERT,CA 92260 LOS ANGELES,CA 90005 RIVERSIDE,CA 92501 502-560-012 502-560-013 502-560-014 RIVERSIDE COUNTY FLOOD CONT DESERT WATER AGENCY USA 502 1995 MARKET ST PO BOX 1710 RIVERSIDE,CA 92501 PALM SPRINGS,CA 92263 ' 502-560-025 502-560-038 502-560-039 USA 502 USA 502 USA 502 502-560-049 INTERNATIONAL CHURCH OF 502-562-074 502-562-055 FOURSQUARE GOSPEL USA 302 USA BIA 630 S SUNRISE WAY PALM SPRINGS,CA 92264 502-562-056 502-562-057 502-562-058 USA BIA USA BIA USA BIA 1 502-562-059 502-562-060 502-562-061 USA BIA ' USA BI4 'USA 502 502-562-062 502-562-064 1502-562-065 USA 131A USA BIA USA 502 502-562-066 502-562-067 502-562-068 USA BIA USA BLA USA BIA. 502-562-069 502-562-070 502-562-071 USA BIA USA 502 USA BIA 502-562-072 502-562-073 508-281-014 USA 502 USA 502 JUSTICE JAMES L 1656 E SAN LORENZO RD PALM SPRINGS,CA 92264 509-272-013 508.273-002 508-281-010 HERNANDEZ GUS RIVERSIDE COUNTY FLOOD CONT WASCHER PETER J 2006 TRUST 1672 N RIVERSIDE DR 1995 MARKET ST 1629 S RIVERSIDE DR PALM SPRINGS,CA 92264 RIVERSIDE,CA 92501 PALM SPRINGS,CA 92264 508-281-011 508.281-012 508-281-013 MCBRIDE GERALD CONNORS MICHAEL H VELASQUEZ PETER 159 LOWER TER 801 S SUNRISE WAY 1676 E SAN LORENZO RD SAN FRANCISCO,CA 94114 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 508-281-015 508-282-010 508-282-011 ➢ETIEGE CYNTHIA R GOTT RODNEY CLEVELAND JOHNSON CHARLES S 100 S SUNRISE WAY 735 1623 E SAN LORENZO RD 1651 B SAN LORENZO RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 508-282-012 508-282-013 508-282-014 ANDERSON PAULA J NAULA MIRLAM K KING WILMERNELL N 1679 E SAN LORENZO RD 1680 E MESQUITE AVE 1650 E MESQUITE AVE PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM.SPRINGS,CA 92264 508-282-015 508-411-001 508-411-002 CONRAD RICHARD V LEWIS JOIN➢ INGWERSEN STUART D 1622 E MESQUITE AVE PO BOX 4681 14517 7TH AVE PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92263 ROCK ISLAND,IL 61201 508-411-011 508-411-012 FRAZEE WILLIAM D PARK STEPHEN C 1048 S CALLE MARCUS 1000 S CALLE MARCUS PALING SPRINGS,CA 92264 PALM SPRINGS,CA 92264 ,4ALMSa City ®f Palm. Springs Office of the City Clerk ` ryCORPO rc�•"'0 * i200 E.Taliqui¢Canyon Way • P im Spt'iu€s,Cali Eornza 92262 (' RP OF OR *% Tcl: (760)i23-8204 e Fax. (760) 322-8332 • Web: www.ci,palm-springa.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, a JI;�, Kathie Hart, CIVIC Chief Deputy City Clerk /kdh H'WSERSZ-CMHearinp NoticeMPHN to Bw-S Palm Canyon Project 10-25 doc Encl: Public Hearing Notice APN Labels D' Post Office Box 2743 9 Palm Springs, California 92263-2743 AO�QpLM gA-f i V N City of Palm Springs + + Office of tlxe Ciry Clerk ��°q�a�nre� 3200 E lahquirz Canyon Way • Palm Springs, Californi•i 92262 qtIFORN < �P Tel,(760)32a-8204 • Pax• (760) 122-8332 • Web: www.ci.palm-sptings.cu.os 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, MES THOMPSON City Clerk /kdh H:\USERS\C-CLK\Hearing NotleesW fidavit-Pengasus 11,01.doc Post Office Box 2743 • palm Springs, California 92263-2743 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 MR JOHN HANSEN MS MALLIKAALBERT (BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262.2459 MS LAURI AYLAIAN MR PETE MORUZZI HISTORIC TENNIS CLUB ORG MODCOM AND PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HISTORIC SITE REP I I I PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE TTM 33054 PLANNING SERVICES DEPARTMENT MRS,JOANNE BRUGGEMANS ATTN SECRETARY 506 W.SANTA CATALINA ROAD VERIFICATION NOTICE I 1 1 PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 11 I I I I INDIANS 777 In TAHQUITZ CANYON WAY, STE.3 PALM SPRINGS CA 92262 PEGASUS FINANCIAL ENTERPRISES MR ANTHONY R. BOGARD '- --" -` - - -- 1075 S. PALM CANYON DRIVE PEGASUS FINANCIAL SPONSORS 1 I I PALM SPRINGS, CA 92264 2270 SOUTHRIDGE PALM SPRINGS, CA 92264 MR SAMUEL E.OLAZABAL PETE BILLINGTON &ASSOCIATES PEGASUS FINANCIAL 966 VELLA ROAD G 68-565 TORTUGA ROAD PAL SPRINGS, CA 92264 CATHEDRAL CITY, CA 92234 Q� \\f 502-370-020 / 502-370-021 502-370-022 LES SIN IRVING L CARSON MARILYN A THORNTON RALPH C 1001 SAINT GEORGB C1R 2252 CAMPESINA VIA PO BOX 397 PALM SPRINGS,CA 92264 PALOS VERDES,CA 90274 PALM SPRINGS,CA 92263 502-370-023 502-370-024 502-370-025 ADDISON PAUL R TERRY LARRY D ELLINGTON RUTH JOY 648 S ROX,BURY DR 310 NORTHGATE DR 1007 SAINT THOMAS CIR PALM SPRINGS,CA 92264 MODESTO,CA 95350 PALM SPRINGS,CA 92264 502-370-026 502-370-027 502-370-028 KNOTT JAMBS L TORUS BENJAMIN LANGELL BOBBY ARLEN 363 W ALEXANDER AVE 1213 SAINT CIIARLES ST 1001 W1N$OR AVE SAN BERNAPDINO,CA 92405 ALAMEDA, CA 94501 PIEDMONT,CA 94610 502-370-029 502-370-030 502-370-031 COR➢ELL TRUST LINK DAVID RAVICCHIO ISABELLE L 1661 PONDEROSA WAY 807 LAFAYETTE ST 1011 SAINT THOMAS CIR PALM SPRINGS,CA 92264 DENVER,CO 80218 PALM SPRINGS,CA 92264 502-370-032 502-370-033 502-370-03 f;A DEMIRJIAN A[1DREY GONZALEZ HENRIETTA A HARRI ETER D PO BOX 5634 1700 GRAND BAHAMA DR W 1702 BA14AMA DR W PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92264 P M SPRINGS,CA 92264 502-370-035 502-370-036 502-370-037 ELLIS SANDR.A KAY PHILLIPS NORMAN COMMON AREA 209 PEYTON ST 1706 GRAND BAHAMA DR W GENEVA,IL 60134 PALM SPRINGS,CA 92264 502-370-019 502-370-018 502-370-017 CORELLA DEAN J SCHWARTZ MELVIN GOULDEN MERLE A 488 W BARISTO RD 1005 SAINT GEORGE CIR 524 N TIGERTAIL RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 LOS ANGELES, CA 90049 502-370-016 502-370-015 502-370-014 ALBERT LPFI P � INTHO E J G SLG PROP 1009 GE, CIR 1011 S GE( CIR 1836 UNION ST P SPRINGS,CA 92264 P SPRINGS,CA 92264 SAN FRANCISCO, CA 94123 502-370-013 502-370-012 502-370-011 FOLEY DAVID S REGAL MICKEY MILLER PATTERSON DAVID T 2920 UNION 303 1014 SAINT THOMAS CIR 1012 SAINT THOMAS CIR SAN DIEGO,CA 92103 PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264 502-370-010 502-370-009 502-370-008 rdl DBBBY 70HN G DAKE 7AME5 GUY LOUD UCE H&TERRELL W 1105 COVENTRY PL 1008 SAINT THOMAS CIR 1035 STA WAY 135 EDINA,MN 55435 PALM SPRINGS,CA 92264 V A,CA 92084 502-370-007 502-370-006 502-370-005 OHMAN JOIN M FAMILY TRUST KNUTZEN DAVID WYNNB ROBERT J PO BOX 50457 PO BOX 591 PO BOX 1450 IDAHO FALLS,ID 83405 WOODINVILLE,WA 98072 KLAMATH FALLS,OR 97601 502-370-004 502-370-003 502-370-002 SCOTT WALTER TILLING GWENETH M ROSS REGINA TRUST 26092 64TH AVE 1720 GRAND 13AHA.MA DR W 115 S SWALL DR I ,V4W1M PALM SPRINGS,CA 92264 LOS ANGELES, CA 90048 009-611-866 10-838 SMIL Y M NEW M1 SQUITE DEVELOPMENT LEE YOUNG SMILAY MARTIN B LEE YOUNG S 1716 GRAND BAHAMA DR W ASSOC LTD 681 S WP STERN AVE PALM SPRINGS,CA 92264 73080 EL PASEO LOS ANGELES,CA 90005 PALM DESERT,CA 92260 009-610-834 502-560-012 502-562-072 RIVERSIDE COUNTY FLOOD CONTROL RIVERSIDE COUNTY FLOOD CONT USA 502 1995 MARKET ST 1995 MARKET ST RIVERSIDE,CA 92501 RIVERSIDE,CA 92501 ' 502-562-073 502-562-074 502-560-013 USA 502 USA 502 DESERT WATER AGENCY PO BOX 1710- PALM SPRINGS,CA 92263 502-560-014 502-560-025 502-560-038 USA 502 USA 502 USA 502 502-560-049 009-613-311 502-560-039 INTERNATIONAL CI•IURCH OF S YOUNG USA 502 FOURSQUARE GOSPEL 681 S LEE Y ONGWESTERN AVE 630 S SUNRISE WAY LOS ANGELES,CA 90005 PALM SPRINGS,CA 92264 009-613-310 502-562-055 502-562-056 NEW MESQUITE DEV ASSOC LTD USA BIA USA BIA PO BOX 1906 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 BIA USA 502 USA BIA Azn (✓ 3. 502-562-064 502-562-065 502-562-066 USA BIA USA 502 USA BIA 502-562-067 502-562-068 502-562-069 USA BIA USA BIA USA BIA 502-562-070 502-562-071 508-272-013 USA 502 USA BIA HERNANDEZ GUS 1672 N RIVERSIDE DR PALM SPRINGS,CA 92264 508-273-002 508-281-010 508-281-011 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 94114 508-281-012 508-281-013 508-281-014 CONNORS MICHAEL 14 VELASQUEZ PETER JUSTICE JAMES 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 CIIARLES 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 503-281-015 508-282-010 508-282-014 DETIEGE CYNTHTA R GOTT RODNEY CLEVELAND ICING 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 508-282-015 508-411-001 508411-002 CONRAD RICHARD V LEWIS J014N D 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 FRAZER WILLIAM D&R.A TRUST PARK STEPHEN C 1048 5 CALLE MARCUS 1000 S CALLE MARCUS PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 BALM S'4 ' City of Palm Springs - ti V N Office of the City Clerk c6"P11nfLU�"e 3200 L.T lj hilt.C,n1on Ray • Palm Springs, Califoinia 92262 C �P Trl (760) 323-920 i - raN' 060) D22-S33 2 ° Wcb; www.a.palui-hpnns.ca.us ORS January 5, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. Q. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting -January 17, 2007 • Pegasus Financial Enterprise, LLC subdivide land for three single-family residential units • South Sunrise Way near the intersection at Mesquite Avenue The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on January 17, 2007. Enclosed are ten (10) copies of the public hearing I notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the I project location and postage paid envelopes, and mailing labels identifying each parcel of land. Attached to this correspondence is Exhibit A listing each parcel for recordkeeping purposes- Please feel free to contact me if there are any questions or concerns, 323-8206. I Sincerely, lV Kathie Hart, CIVIC Chief Deputy City Clerk /kdh H WSERSIC-CLK eanng NollceMPHN to DIA•PS 90l Grano 01 1707 dec Encl: Exhibit A Public Hearing Notice (10 copies) Postage Paid Envelopes (10 each) Mailing Labels I', 1�lnwi Post Office Box 2743 • Palm Springs, California 92263-2743 - - - — 502-562-066 502-562-067 502-562-068 USA BIA USA BIA USA BIA 502.562-069 502-562-070 502-562-071 USA BIA USA 502 USA BIA 502-562-072 502-562-073 ' USA 502 USA 502 502-560-014 USA 502 I i 502.560-025 502-560-038 502-560-039 USA 502 USA 502 USA 502 , ' 502-562-074 502-562-055 USA 502 USA BIA 502-562-056 502-562-057 502-562-058 USA BIA USA BIA USA BIA 502-562-059 502-562-060 502-562-061 USA 131A USA BIA USA 502 i i I 502-562-062 502-562-064 502-562-065 USA BIA USA BIA USA 502 (�' I �` �� �p �4 �1 gyp, 4a�, - r CDA CA �6�, TE: BAND O - CA �� MLA � Y DIPS Ng u RISAA r�LANNGNG 5: ®E\/EILOpM[NV January 11, 2007 9uu HAND DELIVERED AND VIA FACSIMILE Mayor Ronald Oden and City Council CITY OF PALM SPRINGS 3200 Tahquitz Canyon Way i Palm Springs, CA 92262 RECEIVED JAN 112007 ' RE: Tentative Parcel Map 33054 Dear Mayor and City Council: The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of January 9,2007, and recommends approval of the project to the City Council subject to the following conditions of approval: 1. Prior to issuance of building permits, the applicant shall pay $800.00 per acre Valley Floor Conservation Area fee to the Tribe as required by the Tribal Habitat Conservation Plan. 2. Based on the project location within the Traditional Use Area, the Agua Caliente Tribal Historical Preservation Office (THPO) requests copies of any cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. 3. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations. Given that, the Tribe requests that an Approved Cultural Resource Monitor(s) be present during any survey and/or any ground disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente THPO. Please contact our offices for further information about Approved Cultural Resource Monitors. If you have any questions about Condition No. 1 please contact Phayvanh Nanthavongdouangsy, Planning Intern at 883-1944. If you have any questions about Conditions No. 2 or 3, please contact Richard Begay, Director of Tribal Historic Preservation at 883-1368. 'Very truly yours, Margaret E. Park, AICP Director of Planning AQUA CALIENTE BAND OF CAHUILLA INDIANS MP/mg 777 EAST TANQUITZ CANYON WAY, SUITS SO % , PALM SPRINGS, CA S2262 T 760/32S/3¢00 F 760/325/69S2 AGUACALIENTE.ORG 'e..h—JIL EN 11 E 3SWND O � CAHLUiLA 9NNAN Irq- 7RlE1AL PLANN9NG & DEVE0.—OFMENT ,V� C. Tribal Council Gary Stopp, Chief of Staff Tom Davis, Chief Planning & Development Officer Richard Begay, Director of Tribal Historic Preservation Ken Lyon, Associate Planner, City of Palm Springs i 777 =AST TAHQUITZ CANYON WAY, SUQTE 301 , PALM SPn2NGS, CA S22e2 T 760/92S/a400 F 750/325/G952 AGUACALIENTE.ORG