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HomeMy WebLinkAbout5/2/2007 - STAFF REPORTS - 1.A. We, the below signed businesses, oppose Case 5.1129 Conditional Use Permit for `food distribution to economically challenged' located at 181 N. Indian Canyon, Central Business District, Pahn Springs. This use is not compatible with our goal to strengthen the economic base and revitalize downtown Palm Springs.. Business Nance Business Address Signature 1 Su-�j S1�J?-� �st-t E 1 �C�12/��at�s ���-i � 236 • 1'cL�ezc ��Gtr�a[.:--• (.�C�� - r �S iG�� `/�S ' ; Ili E G ( �� `V (rw 4V �, i l. i 1 . •r,�✓( I;I ¢���(,Tf"1 Pi,1 1 17 udy�s, 3irrs o -wo -Trz5ti-q /,.a - r� t�� y,�3n[`jjr �is�rar�r3 �aµctnvicePc nnrtnc� Sven i i 'Xi i�nrarlifsnr;�3 S✓ew liV lrL1V �i .�1V...� y1iaYMNYU� Vw/✓Vvv y_Ji J,1rl t/viaw.�i�ivii..ai Jse pernllt for "-Fnnr4i iiiiei-riniii-irm to er'nnnmirailcr chalienge(' Vviiviiiivu-11 ♦ ii�iiAYAAh_ located at 181 N. ingian Canyon, Central Business District. Palm Nonnas. I nis use is not compatible with, our goal to strengthen the economic base and revitalize downtown Mahn Surings.. Business Name Business Address Signature I'I i { 6) iS n � ` f r f 1 y n hgVcil �� .. . tore �ol � v i ; �� �IlLZI(v f �` v Rebecca Terrill Interiors 146 N. Palm Canyon >From: R Terrill <rjterrill1963@yahoo.com> >To: Joy Meredith <psca@msn.com> Subject: Re: IMPORTANT PUBLIC HEARING Date: Wed, 2 May 2007 10:30:09-0700 (PDT) a >Hi Joy, >You can put my name on the list of people in opposition to the location of the Well in the Deserts current location @ 181 N.Indian Cyn (case 5.1129) The Falls/Matchbox Pizza 155 S. Palm Canyon From: "Michael Estrada"amewithjt@aol.com> >To: "'Joy Meredith"'<psca@msn.com> Subject: RE: IMPORTANT PUBLIC HEARING Date: Wed, 2 May 2007 08:59:20-0700 n Joy, >I agree this location is not suitable for this cause however I believe the cause is good. I oppose 5.1129 but would like to see the city work actively to find this cause a better location. Michael Estrada The Falls&Matchbox The Blue Guitar 120 S. Palm Canyon From: STACY CARSON <stacee27@verizon.net> >To: Joy Meredith <psca@msn.com> Subject: Re: IMPORTANT PUBLIC HEARING >Date.Tue, 1 May 2007 23:34:32-0700(PDT) a >We are against the food distribution to the economically challenged in the Central Business District of downtown Palm Springs. Please record this opinion at the public hearing representing The Blue Guitar. >Thank you. Ruby's Diner 155 S. Palm Canyon Prom: "Palm Springs" <palmsprings@Rubys.com> >To: "Joy Meredith" <psca@msn.com> Subject: RE: IMPORTANT PUBLIC HEARING Date: Wed, 2 May 2007 00:37:01 -0400 Joy-I agree with you that the location for the Well in the Desert is not beneficial to downtown businesses_Not that I shave anything against that cause,it should not be in the business district.Unforhmately I can not attend the Council meeting. Thanks for contacting us in regards to this_ Bob Edwards General Manager,>Ruby's Diner-Palm Springs>(760)406-7829 Page 1 of 1 i .I1 Martha Edgmon From: Art Copleston [asavage@de.rr.com] Sent: Wednesday, May 02, 2007 8:31 AM E CITY CLCF,'', To: Martha Egmon Cc: Rose1944@aol.com; inezcardozo@earthlink.net Subject: A message for Mayor Oden Hi, Martha. I find that, for some reason, I don't have a direct email address for our Mayor. I would appreciate it if you would pass this message on to him today. Dear Mayor Oden: This evening, May 2, 2007, Council will consider Case 5,1129, the Conditional Use Permit for food distribution by Well In The Desert to the needy at 181 N. Indian Canyon. I hope you will read, and consider my thoughts on this matter: • We start from the premise that we ALL love Palm Springs, and want what is best for our city. • We all know that, for far too long, our downtown has suffered from lack of upscale development, with the result that existing businesses constantly struggle just to remain viable. • We also all know that, like most cities in this country, we have a group of underprivileged people who, through no fault of their own, must struggle to obtain the simplest and most basic necessities of life. And most of us, those of us with compassion and love of humanity, know we all have an OBLIGATION to help these less-fortunate people. • In the question before Council this evening, we simply MUST allow love and compassion to rule. • If the food distribution program were occurring on Palm Canyon Drive, in front of businesses, their concerns would be justified. If the program were a DAILY program in its current location, their concerns would be justified. None of these conditions prevail, however. Please, Mayor Oden, put PEOPLE first in this decision, NO ONE,wants homeless people in our downtown area. However, we MUST have compassion for them. Make this decision a positive one. Allow the Conditional Use Permit. Set a future termination date. And then, concurrently, initiate a new effort on the part of the City to help the Well in the Desert folks relocate to a new area that will be more acceptable to all. This should be a matter of conscience for the Council. I trust you will do the right thing, Mayor Oden. Sincerely, Art Copleston No virus found in this outgoing message, Checked by AVG Free Edition. Version: 7-5,467/Virus Database:269.6.2/784-Release Date: 5/1/2007 2:57 PM 5/2/2007 Jay Thompson I - From: aylaian@acl.com Sent: Wednesday, May 02, 2007 1:40 PM To: Ron.Oden@PalmSprings-ca.gov; CityManager@palmsprings-ca.gov; Steve.Pougnet@PalmSprings-ca.gov; Chris.Mills @PalmSprings-ca.gov; Gin ny.Foat@PalmSprings- ca.gov; Michael.McCulloch@PalmSprings-ca gov Cc: Jay.Thompson@palmsprings-ca.gov Subject: Well in the Desert CUP Dear Mayor Odcn and Council Members, 1 live near the downtown area, and have ridden my bike past the Well in the Desert on the last few Saturday mornings to check out what all the fuss is about. Personally, I can't imagine what is feeding the objections to the operations there. T saw no lines, no crowds, no gathering of homeless people, and nothing that would adversely impact the business o f nearby merchants. I hope that you will approve the Conditional Use Permit under which Well in the Desert is allowed to distribute food between 7:00 and 10:30 AM Saturdays at 181 North Indian Canyon Drive, Sincerely, Lauri Aylaian 377 W. Baristo Road Palm Springs, CA 92262 AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 5/2/2007 i Kathie Hart From: David Newell Sent: May 01, 2007 12:09 PM To. Kathie Hart Subject: FW: Well report I Kathie, I I FYI. David A. Newell Assistant Planner City of Palm Springs -----Original Message----- From: Joy Meredith [mailto:psca@msn.comj Sent: Friday, April 27, 2007 6:51 PM To: Cathy.VanHorn@palmsprings-ca.gov; David.ready@palmsprings-ca.gov; craig.ewing@palmsprings- ca.gov; David.Newell@palmsprings-ca.gov Cc: DDuke@hyatt.com; E_Adamo@msn.com; fishermansmarketandgrill@msn.com; jcbelgic@dc.rr.com; johnp@pschamber.org; keith@classic-carauction.com, joy@crystalfantasy.com; mperry@palm-springs.org; psmediano@aol.com; stevelyle@lylecommercial.com, THooks@aguacaliente.net; TLARCOMBE@aol.com; tpastamia@aol.com Subject: Well report To Who Ever I'm Supposed to report this to. On my way home from work just after 6:00 there were people leaving 181 N. Indian with bags of groceries, and people fixing and washing cars in the parking lot. There also has been distribution last Sunday morning and last Tuesday afternoon. I don't have time to watch all day every day but this is what I have seen just leaving my store. I am happy to report that the gym shoe that was holding open the painted window on the second floor has been removed. Who do I call when they are blatantly breaking the rules of the permit that they don't even have yet? Thank you. Joy Meredith President Main Street Palm Springs ?A LM Spy i2 G1 u � CITY COUNCIL STAFF REPORT DATE: May 2, 2007 PUBLIC HEARING SUBJECT: CASE N0. 6-1120, CONDITIONAL USE PERMIT APPLICATION BY WESSMAN HOLDINGS, LLC FOR WELL IN THE DESERT TO OPERATE A FOOD DISTRIBUTION FACILITY LOCATED AT 181 NORTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 15. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY Wessman Holdings, LLC, owner, has requested a Conditional Use Permit (Type II), to operate an institution of philanthropic or charitable nature. The use would be operated by Well in the Desert which would distribute food baskets to economically challenged families on Saturdays only between 7:00 A.M. to 10:30 A.M. The proposed location is an existing 2,604 square foot tenant space within a multi-tenant commercial building located at 181 North Indian Canyon Drive. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INSTITUTION OF CHARITABLE, NATURE (WELL IN THE DESERT) LOCATED AT 181 NORTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 15." PRIOR ACTIONS: On March 28, 2007, the project was reviewed by the Planning Commission and recommended approval to the City Council by a vote of 4-3 (Caffery, Hochanadel and Marantz opposed). The Planning Commission made the following recommendations: • That the approval is limited to a one year period ITEM NO. t City Council Staff Report Page 2 of 2 5 1129 CUP May 2,2007 • That all tenants within a 400 foot radius of the subject site are noticed or the City Council's public hearing for the proposed use Staff has included the first recommendation above as Condition of Approval No. 1. A notice was mailed to all tenants and businesses within a four hundred foot radius of the subject site. STAFF ANALYSIS: The applicant has proposed a food distribution center to the economically challenged families at 181 North Indian Canyon Drive. Pursuant to Section 94.02.00(A)(2)(j) of the Palm Springs Zoning Code (PSZC), institutions of a philanthropic or charitable nature require a Type II Conditional Use Permit and are permitted with the necessary findings. A more detailed analysis is provided in the attached Planning Commission Staff Report dated March 28, 2007. Findings in support of approving the proposed project are included in the attached draft resolution of approval. A notice was mailed to all property owners within four hundred feet of the subject site as required by the law and to all tenants and businesses within four hundred feet of the subject site as requested by the Planning Commission. Staff has received letters of opposition from the public, which are attached for the Council's review. FISCAL IMPACT: Finance Director Review: There is no cost to the City associated with the construction or the proposed wireless communications facility. 17 CP Thomas Wilson, sistant City onager DirjOA6Ewitng, r of Pla ni g Services David H. Ready, City Mana eg�r I Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Planning Commission Staff report dated 3/28/07 4. Planning Commission Minutes dated 3/28/07 (Excerpt) 5. Photographs of use during operation hours I 6. Letters received from public N t p Dearment of Planning Services e W+E Vicinity Map 5 R e 5 I I III I I I I I I I -- - - ------- III ------ ' x �-- I cg x 0 of I 3 W I w I I I TAHQ DR ETA QDI CANYON WY I I r Legend Project Site 500'Radius m d _ Surrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1129 CUP DESCRIPTION: To consider an application by Wessman Holdings, LLC for The Well in the Desert APPLICANT: Wessman Holdings, LLC for a Conditional Use Permit to operate a The Well in the Desert philanthropic/charitable use. The proposal is a food distribution facility to economically challenged families on Saturdays only between the hours of 7:00 a-m. to 10:30 a-m., Zone CBD, Section 15- L L9 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INSTITUTION OF CHARITABLE NATURE (WELL IN THE DESERT) LOCATED AT 181 NORTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 15. WHEREAS, Wessman Holding ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance to distribute food baskets of groceries to economically challenged families located at 181 North Indian Canyon Drive, zone CBD, Section 15; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 1 exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1129 - CUP was given in accordance with applicable law; and WHEREAS, on March 28, 2007, a public hearing on the Conditional Use Permit No. 5.1129 application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, and all written and oral testimony presented; and WHEREAS, on March 28, 2007, the Planning Commission has recommended approval of Conditional Use Permit No. 5.1129 to the City Council, subject to conditions of approval; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Conditional Use Permit No. 5.1129 was given in accordance with applicable law and in accordance with the Planning Commission's request to notify all tenants and business owners within four hundred feet of the subject site; and WHEREAS, on May 02, 2007, a public hearing on the Conditional Use Permit No. . 5.1129 application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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. I I i City Council Draft Resolution May 02, 2007 Case No. 5-1129—CUP Page 2 of 4 THE CITY COUNCIL. OF THE. CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities). Section 2: Pursuant to the requirements of Section 94.02.00(B)(6), the City Council finds: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, an institution of charitable nature is authorized within the CBD zone with the approval of a Type II Conditional Use Permit. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Objective 3.15b of the CBD designation states, "food service as a prominent focus of color and diversity on the retail areas, both in restaurants and as a consumer item." The proposed use is similar to a retail food service, except the items are free to economically challenged families. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project does not propose any exterior changes to the site. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. 4) 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. The project site is located along North Indian Canyon Drive, which is designated as a major thoroughfare by the General Plan Circulation Element. The proposed parking has been determined to be existing non-conforming and proposed use will generate minimal traffic due operation of three and one-half hours on i I I j City Council Draft Resolution May 02, 2007 Case No. 5.1129—CUP Page 3 of 4 j Saturdays only. 5) 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 and may include minor modification of the zone's property development standards. j Such conditions may include: a. Regulation of use b. Special yards, space and buffers c- Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I- Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. There is no change to the existing site plan. This project has conditions of approval, such as restricting hours and days of operation, prohibiting outdoor storage, property monitoring by owner/tenant and others to insure the proposed use will protect the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case No. 5.1129 -- CUP, subject to those conditions set forth in Exhibit A. ADOPTED THIS 2"d day of May, 2007- David H- Ready, City Manager ATTEST- James Thompson, City Clerk �� �� City Council Draft Resolution May 02, 2007 Case No. 5.1129—CUP Page 4 of 4 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 May 2, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A RESOLUTION NO. Case No. 5.1129 — CUP WELL IN THE DESERT 181 NORTH INDIAN CANYON DRIVE City Council May 2, 2007 CONDITIONS OF APPROVAL 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. This Conditional Use Permit, Case No. 5.1129, is valid for a period of one year from the approval date. The applicant shall either cease all operation of the use or apply for an amendment to this Permit to extend the term. A complete application for said amendment must be submitted prior to expiration of this Permit. PLANNING DEPARTMENT: 2. 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 which supplement the zoning district regulations. 2a. 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 5.1129 — CUP. 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 Council COAs May 02, 2007 Case 5.1129—CUP Page 2 of 3 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 further indemnification hereunder, 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. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 4. Commencement of the Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Separate architectural approval and permits shall be required for all signs. 7. The street address numbering/lettering shall not exceed eight inches in height. 8. No sirens, outside paging, music speaker system or any type of signalization will be permitted, except approved alarm systems- 9- No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 10. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. 11. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Hours of operation will be from 7:00 r City Council COAs May 02, 2007 Case 5.1129--CUP Page 3 of 3 a.m. to 10:30 a.m. on Saturdays only. Any future modifications to the hours of operation shall require prior approval by the Planning Commission and the City reserves the right to modify or restrict the business hours based upon documented operational circumstances. 12. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 13. The owner and/or tenant shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on- site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. 14. The applicant will provide all buyers with a copy of this Conditional Use Permit. FIRE 15. The applicant will comply with all requirements of the Palm Springs Fire Department. BUILDING 17. The applicant will obtain permits for all construction involved with the site. � i`�,n•1 itT dF FALAq S A� (J N * w PLANNING COMMISSION STAFF REPORT Date: March 28, 2007 Case No.: 5.1129 — CUP Type: Conditional Use Permit Location: 181 N. Indian Canyon Drive APN: 513-092-009 Applicant: Wessman Holding for Well in the Desert General Plan: C-B-D (Central Business District) Zone: C-B-D (Central Business District) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The applicant has requested a Type 11 Conditional Use Permit (CUP) to allow the distribution of food baskets containing groceries to economically challenged families on Saturdays only between 7:00 A.M. and 10:30 A.M. RECOMMENDATION: That the Planning Commission recommends approval of Case 5.1129 — CUP, a Conditional Use Permit to allow food distribution to economically challenged families at 181 North Indian Canyon Drive. I I I I I Planning Commission Staff Report March 28, 2007 Case 5.1129 - CUP Page 2 of 5 BACKGROUND: The Well in the Desert will be located within an existing mixed-use complex located north of Tahquitz Canyon Drive, south of Andreas Road, East of Palm Canyon Drive, and abutting North Indian Canyon Drive. The project will occupy approximately 2,464 I square feet. Table 1: The surrounding Land Uses are tabled below: rdeneral Plan_ Zone Land Use North ICBD CBD Parking Lot South CBD CBD Retail/Commercial East CBD / RA C2 Hotel West CBD CBD Retail/Commercial ANALYSIS: The General Plan and Zoning designation of the subject site is CBD (Central Business District). Pursuant to Section 94.02.00(A)(2)Q) of the Palm Springs Zoning Code (PSZC), institutions of a philanthropic or charitable nature are allowed in any zone except where expressly prohibited. Objective 3.15b of the CBD designation states, "food service as a prominent focus of color and diversity on the retail areas, both in restaurants and as a consumer item." The proposed use is similar to a retail food service, except the items are free to economically challenged families. The subject location is within the "Town and Country Center" of the Central Business District, a 50,938 square foot mixed-use commercial center. The tenant space to be used by the Well in the Desert is approximately 2,464 square feet. With the approval of the CUP application, the Well in the Desert will become one of the approximate twenty commercial tenants at the retail center. The Town and Country Center has ninety (90) parking spaces. Section 92.26.00(6) of the Zoning Ordinance requires mixed-used developments in the downtown parking combining zone of over 20,000 square feet to provide one parking space for every 375 square feet of gross floor area. Under the ordinance, the Town & Country Center is substandard by fifty-two parking spaces. Pursuant to Section 93.06.00(3)(a) regarding non-conforming parking lots, the center was parking compliant at the time of its establishment, and therefore, the existing number of parking spaces provided is sufficient. Staff determines that the existing number of parking spaces. is sufficient for the use as it does not represent an intensification of use and the location will be operable to the public for three and one-half hours on Saturday mornings.only. f1 1�1'1 Planning Commission Staff Report March 28, 2007 Case 5.1129-CUP Page 3 of 5 REQUIRED FINDINGS: The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission to make a number of findings for approval of the permit. Those findings are analyzed by staff in order below: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, an institution of charitable nature is authorized within the CBD zone with the approval of a Type II Conditional Use Permit. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Objective 3.15b of the CBD designation states, "food service as a prominent focus of color and diversity on the retail areas, both in restaurants and as a consumer item." The proposed use is similar to a retail food service, except the items are free to economically challenged families. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project does not propose any exterior changes to the site. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. 4) 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. The project site is located along North Indian Canyon Drive, which is designated as a major thoroughfare by the General Plan Circulation Element. The proposed parking has been determined to be existing non-conforming and proposed use will generate minimal traffic due operation of three and one-half hours on Saturdays only. Planning Commission Staff Report March 28, 2007 Case 5.1129 -CUP Page 4 of 5 5) 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 and may include minor modification of the zone's property development standards. Such conditions may include: a_ Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. There is no change to the existing site plan. Staff has included Conditions of Approval such as restricting hours and days of operation, prohibiting outdoor storage, property monitoring by owner/tenant and others to insure the proposed use will protect the public health, safety and general welfare. CONCLUSION: The proposed project is consistent with the use on the site and is compatible with the General Plan and Zoning Ordinance land uses. Staff recommends the required findings necessary for the issuance of a Conditional Use Permit and is therefore recommending approval of Case 5.1129 — CUP. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines; the project is Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities). Planning Commission Staff Report March 28, 2007 Case 5.1129-CUP Page 5 of 5 NOTIFICATION: A notice was mailed to all property owners within a four hundred foot radius in accordance with state law. jDvid 4Plarnner . 4 an Cr ig A. E g, AICP Director of Planning Services Attachments: - 400' Radius Map Draft Resolution & Conditions of Approval City of Palm Springs Planning Commission Minutes of March 28,2007 PUBLIC HEARINGS: 6. Case 5.1129 CUP -An application by Wessman Holdings on behalf of Well in the Desert for a Type Two Conditional Use Permit (CUP) to allow the distribution of food baskets containing groceries to economically challenged families on Saturdays only between 7:00 A.M. and 10:30 A.M located at 181 North Indian Canyon Drive, Zone C-B-D, Section 15. (Project Planner: David Newell, Assistant Planner) Chair Marantz noted she took several photographs of the property and submitted them into the record. David Newell, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007. He reported the existing number of parking spaces provided is sufficient and the hours of operation will be Saturday mornings only from 7:00 a.m. to 10:30 a.m. Chair Marantz noted that the parking lot is substandard and there is no trash enclosure for the dumpsters. The Commission discussed the actual date of commencement for the Conditional Use Permit, the details of food distribution and forwarding a compliant to Code Enforcement for the trash bins. Chair Marantz opened the Public Hearing: -Martha Higgins, representing Wessman Development, provided additional information and stated the building is a temporary use, their awareness of the code enforcement concerns with the entire shopping center and noticing to the property owners- -Dr Wayne McKinney, President, The Well in the Desert, provided additional information and stated this is food distribution for the working poor people, not the homeless, and reported no complaints have been raised. There being no further comments, the Public Hearing was closed. Chair Marantz noted her concern with this establishment operating without a permit. Commissioner Scott stated that our downtown belongs to everybody, to the rich, to the poor and to the middle-class. He further stated that no complaints have been reported for 10 months and sees no reason not to support this project. 5 City of Palm Springs Planning Commission Minutes of March 28, 2007 Commissioner Caffery requested clarification on the number of Downtown Main Street Association members who voted against this project. Joy Meredith indicated that 13 out 15 members voted in opposition, with 2 members being absent. Commissioner Ringlein noted she concurred with Commissioner Scott as regards to helping the disadvantaged and also noted that no complaints have been made. However, she was concerned that many businesses (tenants) were not notified of this meeting and encouraged a continuance. She reiterated the importance of upkeep and maintenance to enhance the building and requested Code Enforcement to continue monitoring this property. Commissioner Hutcheson noted that this is not desirable location for long-term use and encouraged a limited period, such as a 6 month conditional use permit, so that the applicant may explore alternative locations. He concurred with Commissioner Ringlein for a continuance of this project to provide an opportunity to hear from the tenants in this area. M/S/C (Caffery/) To recommend approval to City Council, subject to Conditions of Approval, as amended: For a 6 month period and Code Enforcement to follow-up on the trash enclosure and the parking lot. MOTION WITHDRAWN. The Commission discussed the City's process for expired conditional use permits. Craig A. Ewing responded that necessary notification and enforcement actions would be taken and the City Attorney would be consulted to ensure the use is not continued. Further discussion was made on the applicant's rights to re-apply for this use prior to the expiration date of the conditional use permit. M/S/C (Ringlein/Hutcheson, 4-3Nice Chair Hochanadel/ Chair Marantz/ Caffery) To recommend approval to the City Council, subject to Conditions of Approval, as amended: *The Conditional Use Permit is valid for a period of one year from the date of approval. "Direct staff to properly notice the City Council Public Hearing to include all tenants within 400 feet. Commissioner Ringlein again advised the applicant to clean up the property. Commissioner Caffery suggested Downtown Main Street Association also be notified. 6 �7r^ tnw•+ � 'a3 [,ice'- --� _`�'- _ -,--- --=y- �.• �t�F• 'xkr I �. �,r ,�.a - ry A rIILF L y do ® � —��- :.;p.�ra. aft Or r , 1 "" 1 Page 2 or I UGC ^4 r� AMN 17 r - rl R11w ~ �WpY -- 1 t y # i � I I � � r http://eshare.hpphoto-corn/PrintEngineWebTier/PEWebinterface.aspx?JobID=327eb42e-79e0-4151... 4/3/2007 i I: I , Omni JE a r I r , I L I I T I http://eshare.hpphoto.com/PTintEngine WebTier/PEWebInterface.aspx?JobID=327eb42e-79eO-4151... 4/3/2007 Craig Ewing From: Joy Meredith [psca@msn,com] Sent: Tuesday, March 27, 2007 9 03 PM To: Cathy Van Horn@palmsprings-ca.gov Subject: IMPORTANT Public Hearing Dear Friends of Palm springs, FYI - Tomorrow at 1:30 pm is is a Planning Commission Public Hearing to discuss a Conditional Use PermiL for 'distr.i.bution of food baskets containing groceries to economically challenged families' (translation - homeloss feeding activities) downtown at 181 N. Indian Canyon. The City Staff recommendation is to APPROVE this. At the Main Street Palm Springs Executive Board meeting this morning we voted unanimously to oppose the Conditional Use Permit to allow food distribution at this downtown location. We have worked hard and long to come to this point. I 'd lake to think that we are moving forward to strengthen our business community and enhance the experience of downtown and uptown Palm Springs for both our neighbors and visitors_ I can't imagine that this would fit the purpose of downtown according to 92. 09.00 "C-B-D" central business district zone: A. The C-S-D zone is intended for the central business district, primarily retail business in character, with related hotels, multiple-family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian, Planted walkways, covered wal-Ics and open plazas that provide for sitting, dining, Conversing, gathering and window shopping arc permitted and encouraged. B. The historic village center, within the central, business district, is intended to serve as the center of the downtown with the primary economic activities j focusing on specialty retail, restaurants and entertainment. The following streets shall be deemed to be within the Fiistaric Village Center: Palm Canyon Drive, between A1e�c and Paristo Roads; Taliquitz Canyon Way, between Belardo Road and Indian Canyon Drive; Andreas Road, between Palm Canyon and Indian Canyon Drives; Arenas Road, between Belardo Road and Indian Canyon Drive; Raristo Road, northerly side, between Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between Alejo and Baristo Roads; and Alelo Road, southerly side, between Palm Canyon and Indian Canyon Drives. (Oral. 1701 § 6, 2006; Ord. 1423 (part) , 1992; Ord. i 1294 (part) , 1968) One of the 'loopholes' in the General Plan which is being used to support this bizarre I request is Objective 3. 15b of the General Plan regarding the Central Business District which states "food service as a prominent focus of color and diversity on the retail areas, both in restaurants and as a consumer item" . They go on to use a ridiculous comparison saying Chat this use (food distribution to economically challenged) is similar to retail food service, except that it is free! Check out the following link to read the Public: Hearin doCUment for I g g yourself. http: //www.ci,palm-springs-ca.us/boards and commissions/planning_commission/20070328/6.pdf i i 6. Case 5. 3.129 CUP - An application by Wessman Holdings on behalf of I Well in the Desert for a type two Conditional Usa Permit (CUP) to allow the distribution of food baskets containing groceries Lo economically challenged families- City Staff Recommendation: To recommend APPROVAL to the City Council.- subject to Conditions of Approval. (To be fair, there is a long list of conditions but I think we learned our lesson Ecori the previous law anforcertient/sanitation/damagA it Sunrise Park and learned how long it takes to fix Lhe problems after they start. ) , Now I know there are a lot of nice, deserving 'economi.caliy challenged' ' people but our delicate, rc-emeLging business district is not the place for a food distribution center, NIMBY? Maybe. . . But snmetimes you have to stand up and say "Mt In My Businesses' Yard" ! Thanks- Take care. Soy Meredith President Main Street Palm Springs 3 West Valley Interfaith Association Reverends Duane and DeVona Cox, Co-Presidents 20G? ii' R -9 i--l.'a; 'D= 2398 S Alhambra Drive Psahn Springs, CA 92264 ;,. . 760-318-6653 y "" April 9,2007 City Clerk James Thompson City Manager David Ready Palm Springs City Council Members: Mayor Oden, Mr. Pougnet,Mr. McCullough, Mr_ Mills, Ms. )~oat 3200 E Tahquitz Canyon Way, Patin Springs, CA 92262 Re: The Well in the Desert Permit Consideration Dear Palm Springs Leaders, On behalf of our membership, which includes Protestant, Catholic and Jewish congregations in Palm Springs and Cathedral City,we write to encourage you to grant the permit needed by The Well in the Desert in order to operate their food and clothing distribution program from their current North Palm Canyon location_ We understand that the public service provided at this location is a once-a-week, Saturday morning distribution of food and clothing to the working poor and persons at risk of homelessness. Our members witness this operation as well run and respectful of neighbors. We understand that The Well in the Desert has functioned without compliant of immediate neighbors at this location since moving from a location on Sunny Dunes. They needed to move Ixom there when that location was leased to other businesses. We register our concern with you that individuals say in the media that the facility on North Indian Canyon supports a feeding program for the homeless that infringes somehow on r downtown businesses. This is not the case. We hope that you will do what you can to leam the realities of the program in action. At our recent April neetin, our members present unanimously endorsed writing to you to encourage the city to grant any permits required for The Well in the Desert to operate their clothing and food program from the Indian Canyon Drive location to benefit persons at risk of homelessness and the working poor. Thank you for your consideration. Yours truly, Rev. Duane Cox Rev. DeVona Cox Windermere �.rf'cy.Jl'. �l'"alnn in�1n,:1/rliir„ (f,. 't5_��'0, >lrtlriN n�h, V'• ��' � I` �,� „; . 760 86,4 A� 760.v 25 9O99 wtititiv.CardcnMaoui rc'Feam.arrtl April 22,2007 James Thompson City Clerk 3200 E.Tabgaitz Canyon Way Palm Springs CA 92262 RE: Case 5,1129 Well in the Desert Conditional Use Permit Please register my opposition to the approval of the above conditional use permit for the Well in the Desert food distribution in the downtown area. This type of charity work only brings an element to our downtown area which is not positive and should be relocated elsewhere. Our office,in a Wessman building,continues to attract the homeless and vagrants who sleep/nrinate in the stairwells,doorways and are seen hanging around the Sonny Bono statue in front of Ruby's diner- May I also address a side issue regarding Well in the Desert and recent published reports of verbal assaults by McKinney/Rosenthal(and their supporters)at public forums. These verbal assaults aimed at people with opposing views of McKinneylRosenthal is despicable. Recommendation: The City of Pahn Springs should adopt a zero-tolerance policy ofthis type of behavior at all city-sponsored meeting/forum/commission,eta Civility and respect for others'points of view must be the rule of the day. Any violators of this zero-tolerance rule should be forbidden to attend(participate in anyfurtherpublieforums and be ejected immediately from any meeting where this behavior is displayed These outbursts by Rosenthal/McKinney(and their supporters)selfishly serve their need to intimidate good citizens with opposing views and may actually dissuade citizens from serving on public committees or commissions,etc. Many may shy away from public service altogether rather than subject themselves to public harassment by people who display this despicable behavior. If the published reports over the past two year;are true,then the City of Palm Springs is guilty of fostering and condoning this type of blatant bad behavior from those supporters of Well in the Desert. This is wrong and must be addressed and changed by the City of Palm Springs. This is America and we are all entitled to our own opinions and also entitled to be treated with civility,respect and not be intimidated by the verbal terrorism tactics by supporters of Well in the Desert If you wish to discuss this particular issue further,please feel free to contact me. Carden,Jr. i I J L 211071"F P, 25 l;,1 8= ":5 J..�-1'' 3 -I . G?T's' CL : I', April 22, 2007 Richard& Susan Rogers Canyon Rose Boutique 218 N. Palm Canyon Dr. Palm Springs, Ca, 92262 James Thompson, City Clerk 3200 E Tahquitz Canyon Way Palm Springs, Ca. 92262 RE- Case No 5.1129 Conditional Use Permit The Well in the Desert 181 N. Indian Canyon Dr. We are not against feeding the misfortunate, however the location of this facility in the `Down Town' shopping area is unacceptable. It appears that there are many more desirable locations in empty buildings on the far North end of the city. We know that the proposal is not intended for the homeless, however they would not be turned away and this would be seen as an invitation to the homeless to assemble in the down town area. We have noticed an increase in the `homeless' in the past couple of months, since there has been activity at the above location. Many of which are drinking, urinating and sleeping in the parking lot and adjacent areas near the proposed facility. Parking is also a major problem now,this will only compound the problem if the intention is to provide food for the misfortunate in the surrounding community. We do not want Palm Canyon Drive to become another Skid Row like that in L-A., or the Well in the Desert evolving into a Midnight Mission. We also oppose the proposed food distribution day. Saturday is the best business day of the week, and to have the homeless milling around the down town shopping area on a Saturday morning would be a detriment to business and send a message to tourists that Palm Springs is a place that they would want to avoid in the future. We can not believe that any city would approve this type of a facility in it's down town shopping area, let alone Palm Springs which relies on tourism for its survival. Respectfully, PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) 6TATE OF CALIFORNIA County of Riverside No, 1247 �_.._ - NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO.5.1129 CONDITIONAL USE PERMIT 1 am a citizen of the United States and a resident of THE WELL IN THE DESERT 1a1 NORTH WELL INDIAN CANYON DRIVE , the County aforesaid; I am over the age of eighteen — NOTICE IS HEREBY GIVEN that the city ICouncil years,and not a party to or interested in the pi toe.Clry of Palm Springs,California,wllPheltl a�--- above-entitled matter. I am the principal cleric of a v�iu�bli^hoa�noG amxeroepn�gs oto�e�0.2r 2oo7rnF printer of the,DESERT SUN PUBLISIUNC Council Chamber at CIryry Hall,3211E East I1qul� Canyon Way, Pnlm Springs. COMPANY a newspaper of general circulation, The purpl of the hearmp Is to consider an ap- printed and published in the city of Palm Springs, Ilcation by Winaman Ho�dldga LLC for Wall in Comet of Riverside,and which newspaper has been she beam for a Conditional Lase TilePermit to sal Is yeta a ph for pIConditiional use The prop osal Is adjudged a newspaper ol- e e ral circulation b the a food distribution faculty to economically chal- lenged families on Saturdays only between the Superior Court of the County of Riverside,State of hi of 7:00 a.m.to 10:30 a.m.Zone 0150,See- California under the date of March 24,1988.Case Number 191236;that the notice,of which the Y pw.rxnn,k e x n°��r.xr annexed is a printed copy(set in type not smaller l) _ than non parcel,has been published in each regular n and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: ---- i�•—,_ 'M �II J. i " April 21",2007 --� " II•^ All in the year 2007�-^ f-" - - -- __ I certify(or declare)under penalty of perjury that the foregoing is true and correct. `INATIO - ENVIRONMENTALoEYeRt Train ON:-This prof _tact Is categorically exempt from environmental Dated at Palm Springs,California this---24i", --day revu;w pursuant cot a�ICnllfo n o1 Eenvlrangs 1 - Existing Facilboi ) quality Act-(CECA)r of—"-------April--- — ------ 2007 REVIEW OF PROJECT INFORMATION:The pro- f ' posed application, site plan and related dpeu- Mante are available for public review at City Hall betwoan the hours of 3:00 a.m, and 5:01) p.m. Monday through Frld Please contact the Grlice, of the Clcy Clark at 6o) 323-8204 if you would like to schedule an appointment to review these ----- -_-----�,t - documents. �;" - •gnalr rc 1 COMMENT ON THIS APPLICATION: Resgse is this reties may be made verbally at the Public Hearing and/or in wd0ng before the heannn'Writ- r -r- - by letter(far mmments all or hand del very) tot to mer Council -- S "i t- James Thompson. City Clerk —J �)J 3200 E.Tahqultz Canyyon Way ` 4^1 C? Palm Springs, CA 92262 .:,i;_ y.a.® Any cnsllange of the proposed project in court t.- n may be limited to raising only those issues raised .at the public hearing du5cribed In this notice or q= 'J in written correspondence delivered ro the Olty Clerk at, or prlor, to the ppublic hearing (Govern- • i ment Code Section 65009lb]I2D © i An op pad pees well be given at said hearing r for all aterestad persons tp be heard.questions regard- in this ease may be directed to David Newell, Planning Sarvlgas Department at(7GO) 323.6245. Si nuceslta ayuda con esta carte,peHavor Ilsme a Is Ciudad ce Palm Springs f puado haNar con Nadine Fleger tolafano (7 go) 323-6245. James Thompson, City Clerk City of Palm Springs Published;4/21/2007 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1129 CONDITIONAL USE PERMIT THE WELL IN THE DESERT 181 NORTH INDIAN CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 2, 2007. 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 the hearing is to consider an application by Wessman Holdings, LLC for Well in the Desert for a Conditional Use Permit to operate a philanthropic/charitable use. The proposal is a food distribution facility to economically challenged families on Saturdays only between the hours of 7:00 a.m. to 10:30 a.m., Zone CBD, Section 15. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15301(e) (Class 1 - Existing Facilities) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents 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)[21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David Newell, 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. James Thompson, City Clerk j I it�1r1°? N = Department of Planning Services vyE Vicinity Map s y I 77! o I I I I I I I �woRFa`s Ro I� 1 € _ I g � it 5 w C U l J �I I TAHO OITZQR MQUITZCP YCNWY Legend p o � — -- i i J Project Site 5 Ls�t Q 400-Radius d nSurrounding Parcels — CITY OF PALM SPRINGS CASE NO: 5.1129 CUP DESCRIPTION: To consider an application by Wessman Holdings, LLC for The Well in the Desert APPLICANT: Wessman Holdings, LLC for a Conditional Use Permit to operate a The Well in the Desert philanthropic/charitable use. The proposal is a food distribution facility to economically challenged families an Saturdays only between the hours of 7:00 a.m. to 10:30 a.m., Zone CBD, Section 15. I F 4AL/vl SAS - "I� cl-Ly of Pal. . springs Office of the City Clerk °F'aunt•° � 3200 E. Tahquicz Canyon Way - Palm Sprmys, California 92262 Tel: (760)323.3204 - Pax (760) 322-5322 ° Web wwwp•JmSpringy-en.gnv 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 Wessman Holdings, LLC, Case No. 5.1129, for a Conditional Use Permit for The Well in the Desert, located at 181 N. Indian Canyon Drive, was mailed to each and every person set forth on the attached list on or before the 19th day of April, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (366 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 24th day of April 2007. YAMES THOMPSON City Clerk /kdh Affidavit Well in the Desert 05 02 07 doo Post Office Box 2743 Palm Springs, California 92263-2743 pF FALM S ti f 11- 1% N City of Palm Springs " I " Office of the City Clerk 3200 E Tahquicz Canyon Way • Palm Springs, California 92262 C, FOR�`P Tel (760) 323-8204 • Fax. (760) 32?-5332 • Wcb wwwpalmsprings-ca gov April 19, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting — May 2, 2007 Case No. 5.1129 Conditional Use Permit for The Well in the Desert 181 N. Indian Canyon Drive The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on May 2, 2007. Enclosed are 4 copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, and copies of labels identifying each parcel. The following properties have been identified as being owned by Tribal members within the 400 ft. radius of the subject property: 508-041-011 508-041-012 508-041-013 508-053-003 Please feel free to contact me if there are any questions or concerns, 323-8204. Sincerely, ,7 Cynthia A. Berardi Deputy City Clerk /cab HAISBFStC.CLK1Hearing N°LcesWHN to BA•WdI In the Ccaert 0&02-07.dac Encl: Public Hearing Notice (4 copies) Postage Paid Envelopes (4) Mailing Labels C 002s Posr Office Box 2743 0 Palm Springs, California 92263-2743 NEIGWBORHlLITIO"N REPS' " . " Welllin th'elDesert', MS APRIL HILDNER MR JIM LUNDIN Case 5:1,129 COUP,`, (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) PHN For CC'Meeting,05':02.07 -', , 241 EAST MESQUITE AVENUE 1243 SO. SAGEBRUSH PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN PLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA 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 MORU771 HISTORIC TENNIS CLUB ORG MODC'OMAND' _ PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD MISTORIC,SITE REP,,"-�;*D'•l9 PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1129 CUP PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 506 W. SANTA CATALINA ROAD " " .Ir._'i PO BOX 2743 PALM SPRINGS, CA 92262 NOTE PALM PALM SPRINGS, CA 92263-2743 MS MARGARET PARK gGUA-CA'LIENTE'BAND' F,,CAHU A,; ', AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MR JOHN WESSMAN MR VIC GAINER WESSMAN HOLDINGS, LLC THE WELL IN THE DESERT ' "r 300 S PALM CANYON DRIVE 181 NORTH INDIAN CANYON DRIVE ONSORS -e SP '. s,m „ PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 009-601-686 009-601-693 508-041-001 AGUA CALIENTE SPA INC PLAZA MOTORS INC MCCORMTCK KEITH G 901 E TAHQUITZ CANYON WAY 290 N INDIAN CANYON DR 244 N INDIAN CANYON DR PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92262 508-041-002 508-041-003 508-041-007 0& M INDIAN CANYON LLC ROODBERG YVONNE ROODBERG YVONNE SOUTH COAST METRO,CA 92707 3416 S AKRON ST 3416 S AKRON ST DENVER,CO 80231 DENVER,CO 80231 508-041-008 508-041-009 508-041-011 PLAZA COBERL ALTER V �� USA 508 290 N IAN CANYON DR 593 T ST P SPRINGS,CA 92262 S FRANCISCO, CA 94105 508-041-012 508-041-013 508-053-003 USA 508 USA 508 USA 508 PO BOX 2245 100 N INDIAN CANYON DR PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 513-091-004 -005 PLAZA REDEVELOPMENT AGENCY CITY OF WHIT 1 BR PLAZA WELMAS INC PALM SPRINGS WHITE BROTHERS TNV CO 115 S INDIAN CANYON DR 71905 HIGHWAY I I I E PALM SPRINGS,CA 92262 PO BOX 2743 RANCHO MIRAGE,CA 92270 PALM SPRINGS,CA 92263 513-091-008 513-091-010 513-091-011 SIMMONS SCOTT J ADASS ROLAND GRONE CHARLES 202 N PALM CANYON DR 6639 NORWICH AVF 1454 E GEM CTR PALM SPRINGS,CA 92262 VAN NUYS,CA 91405 PALM SPRINGS,CA 97762 513-091-012 513-091-018 513-091-022 MCB PROPERTIES LLC WHITE BROTHERS INV CITY OF PALM SPRINGS 844 N MISSION RD 71905 HIGHWAY 111 E PO BOX 2743 PALM SPRINGS,CA 92262 RANCHO MIRAGE, CA 92270 PALM SPRINGS,CA 92263 513-091-023 513-091-024 513-091-025 CITY OF PALM SPRINGS CITY OF PALM SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 513-091-026 513-092-003 513-092-004 SOUT14ERN CALIFORNIA EDISON CO WESSMAN HOLDINGS FRANK HENRY PO BOX 800 300 5 PALM CANYON DR 121 S PALM CANYON DR 216 ROSEMEAD,CA 91770 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 513-092-005 513-092-006 513-092-007 FRANK PROP STAHL EARL WILLIAM PLAZA INVESTMENT INC 550 N CAHUILLA RD 808 E I-IIGIILAND AVE 115 S INDIAN AVE PALM SPRINGS,CA 92262 REM ANDS,CA 92374 PALM SPRINGS,CA 92262 i 1 513-092-009 513-092-010 513-094-009 WLSSMAN HOLDINGS WESSMAN HOLDINGS RETTEW JOEL 300 S PALM CANYON DR 300 S PALM CANYON DR 10424 BROOKSHIRE AVE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 DOWNEY,CA 90241 513-143-009 513-144-001 513-144-002 BRANDEN13URG-OASIS PLAZA LLC PLAZA LAS FLORES PLAZA LAS FLORES 1122 WILLOW ST 200 300 S PALM CANYON DR 300 S PALM CANYON DR SAN JOSL, CA 95125 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 513-144-006 513-144-007 513-560-004 CITY OF PALM SPRINGS CITY OF PALM SPRINGS WESSMAN JOHN i PO BOX 2743 PO BOX 2743 300 5 PALM CANYON DR 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CANYON DRIVE STE 123 N LM CANYON DRIVE PAL PRINGS, CA 92262 52 PA SPRINGS, CA 92262 PAt SPRINGS, CA 92262 OCCUPANT OCCUPA OGCUPA 123 N PALM NYON DRIVE STE 123 N LM CANYON DRIVE STE 123 N LM CANYON DRIVE STE 52 52 52 PALM RINGS, CA 92262 P M SPRINGS, CA 92262 P M SPRINGS, CA 92262 0 OCCUPA ZNM OCCUP T 123 N P M CANYON DRIVE CANYON DRIVE STE 123 PALM CANYON DRIVE PAL SPRINGS, CA 92262 P M SPRINGS, CA92262 NGS, CA 92262 OCCUPA OCCUPANT OCCUPANT 123 N P LM CANYON DR 124 N PALM CANYON DR STE 525 136 N PALM CANYON DR PAL SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 140 N PALM CANYON DR SHADES 146 N PALM CANYON DRIVE 148 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 150 N PALM CANYON DR 152 N PALM CANYON DR 156 N PALM CANYON DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 160 N PALM CANYON DRIVE 160 N PALM CANYON DRIVE 166 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUFANT 170 N PALM CANYON DR STE B 170 N PALM CANYON DR 170 PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 p LM SPRINGS, CA 92262 OCCUPANT OCCUP T OCCUPANT 172 N PALM CANYON DR 172 PALM CANYON DRIVE 174 N PALM CANYON DRIVE PALM SPRINGS, CA 92262 P M SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 180 N PALM CANYON DR 184 N PALM CANYON DR 188 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT XALM ANT OCCUPANT 194 N PALM CANYON DR ALM CANYON DRIVE 200-204 N PALM CANYON DRIVE PALM SPRINGS, CA 92262 PRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 202 N PALM CANYON DRIVE 218 N PALM CANYON DR 222 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT YZPAILIM T OCCU NT 224 N PALM CANYON DR CANYON DRIVE 224 PALM CANYON DRIVE PALM SPRINGS, CA 92262 RINGS, CA 92262 P M SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 226 N PALM CANYON DR 230 N PALM CANYON DRIVE 240 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 242 N PALM CANYON DR 254 N PALM CANYON DRIVE 256 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 258 N PALM CANYON DR 262 N PALM CANYON DRIVE 264 N PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPA OCCUPANT OCCUPANT 264 N LM CANYON DR 270 N PALM CANYON DR 272 N PALM CANYON DR PA SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCC NT OCCUPANT 274 N PALM CANYON DR 27 PALM CANYON DRIVE 278 N PALM CANYON DR PALM SPRINGS, CA 92262 LM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 280 N PALM CANYON DRIVE 282 N PALM CANYON DR 285 N PALM CANYON DR STE 545 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUP T OM T OCCUPANT 285 N ALM CANYON DR STE 545 285 ALM CANYON DR STE 545 285 N PALM CANYON DR PA SPRINGS, CA 92262 P SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUP T OCCUP OCCU NT 285 N ALM CANYON DR STE 545 285 N LM CANYON DR 28 PALM CANYON DR PA SPRINGS, CA 92262 PA SPRINGS, CA 92262 LM SPRINGS, CA 92262 or T OCCUP N7 OCCU NT 285 ALM CANYON DR STE 545 285 ALM CANYON DR STE 545 285 PALM CANYON DR PA SPRINGS, CA 92262 PA SPRINGS, CA 92262 P M SPRINGS, CA 92262 I OCCUPA OCCUPANT VLM ANT 285 N LM CANYON DR STE 545 285 PALM CANYON DR ALM CANYON DR PA SPRINGS, CA 92262 P M SPRINGS, CA 92264 PRINGS, CA 92262 OCCUP OCCUP OCCU NT 285 N ALM CANYON DR STE 545 285 N ALM CANYON DR 28 PALM CANYON DR STE 545 PA SPRINGS, CA 92262 PA SPRINGS, CA 92262 P LM SPRINGS, CA 92262 OCCUPA 0CCUP T OCCUP NT 285 N LM CANYON DR 285 ALM CANYON DRIVE 285 ALM CANYON DR PA SPRINGS, CA 92262 PA SPRINGS, CA 92262 P SPRINGS, CA 92262 OCCUP NT OCCUP NT OCCU ANT 285 PALM CANYON DR 285 PALM CANYON DR 285 PALM CANYON DRIVE P M SPRINGS, CA 92262 P M SPRINGS, CA 92262 P M SPRINGS, CA 92262 OCCUPA OCCUP T OCCANT 285 N P LM CANYON DRIVE 285 N ALM CANYON DRIVE 28ryiV PALM CANYON DRIVE PAL SPRINGS, CA 92262 PA SPRINGS, CA 92262 P LM SPRINGS, CA 92262 OCESPRINGS, CA92252 T OCCUPANT OCCUPANT 285M CANYON DRIVE 288 N PALM CANYON DR 290 N PALM CANYON DRIVE P PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 292 N PALM CANYON DR 296 N PALM CANYON DRIVE 160 N PALM CANYON DR FIRST PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 TEAM REAL ESTATE PALM SPRINGS, CA 92262 OCCUPANT /9111CC ANT OCC ANT 119 N INDIAN CANYON DIAN CANYON DR 11 INDIAN CANYON DR PALM SPRINGS, CA 92262 PRINGS, CA 92262 P LM SPRINGS, CA 92262 OCCUP NT OCCU NT OCCU ANT C NDIAN CANYON DR 119 INDIAN CANYON DR 119 INDIAN CANYON DR P SPRINGS, CA 92262 P M SPRINGS, CA 92262 P M SPRINGS, CA 92262 OCCUPA OCCUP T OCCU NT 119 N I 'AN CANYON DR 119 N DIAN CANYON DRIVE 119 INDIAN CANYON DR PAL PRINGS, CA 92262 PA SPRINGS, CA 92262 P M SPRINGS, CA 92262 L°✓ OCCUP T OCCUP T OCCU ANT 119 DIAN CANYON DR 119 DIAN CANYON DRIVE 119 INDIAN CANYON DRIVE STE P SPRINGS, CA 92262 P SPRINGS, CA 92262 P M SPRINGS, CA 92262 OCCUPANT OCCUPANT FINDIAN ANT 149 N INDIAN CANYON DR 169 N INDIAN CANYON DR CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 171 N INDIAN CANYON DR 175 N INDIAN CANYON DR 201 N INDIAN CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 208 N INDIAN CANYON DR 216 N INDIAN CANYON DR 220 N INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 226 N INDIAN CANYON DR 227 N INDIAN CANYON DR AND 227 N INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 SPA PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUP T OCCUPANT OCCUPANT 227 DIAN CANYON DRIVE 244 N INDIAN CANYON DR 290 N INDIAN CANYON DR PA SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 295 N INDIAN CANYON DR 300 N INDIAN CANYON DR 301 N INDIAN CANYON DRIVE STE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUP T OCCU NT OCC ANT 301 DIAN CANYON DRIVE STE 171 INDIAN CANYON WAY 17 INDIAN CANYON WAY P SPRINGS, CA 92262 P M SPRINGS, CA 92262 LM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 101 S PALM CANYON DR 105 S PALM CANYON DR 109 S PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 110 S PALM CANYON DR STE 110A 110 S PALM CANYON DRIVE 111 S PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 115 S PALM CANYON DRIVE 120 S PALM CANYON DRIVE 121 S PALM CANYON DR STE 216 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 121 S PALM CANYON DR STE 222 121 S PALM CANYON DR STE 214 121 S PALM CANYON DR STE 200 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 121 S PALM CANYON DRIVE STE 121 S PALM CANYON DRIVE STE 121 S PALM CANYON DR STE 209 22 21 PALM SPRINGS, CA 92262-6350 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT OCCUPANT 121 S PALM CANYON DR STE 225 124 S PALM CANYON OR 106 S INDIAN CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT /1(0)81'NpDIAN NT OCCUPANT 108 S INDIAN CANYON DR CANYON DR 109 S INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 RINGS, CA 92262 PALM SPRINGS, CA 92262 OCCXINNCANYON OCCUPANT OCCUPANT 109 DRIVE 119 S INDIAN CANYON DR 125 E TAHQUITZ CANYON DR LS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPA OCCUPANT OCCUPANT 125 E T QUITZ CANYON WAY 125 E TAHQUITZ CANYON WY STE 125 E TAHQUITZ CANYON WY STE STE 2 1 PA SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPAN OCCUP OCCUPANT 125 E T QUITZ CANYON WAY 125 AHQUITZ CANYON WAY 172 E ANDREAS STE ST PALM SPRINGS, CA 92262 PAL SPRINGS, CA 92262 P LM SPRINGS, CA 92262 OCCUP NT OCCUPANT OCCUPANT 172 ANDREAS 180ANDREAS RD 182ANDREAS RD P SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPA OCCUP OCCUP T 110 E A REAS ROAD 110E DREAS ROAD 110 NDREAS ROAD PAL PRINGS, CA 92262 PAL SPRINGS, CA 92262 P M SPRINGS, CA 92262 n OCCUPANT 21M NT OCCUPANT 110 E ANDREAS ROAD ANDREAS ROAD 139 E ANDREAS RD PALM SPRINGS, CA 92262 SPRINGS, CA 92262 PALM SPRINGS, CA 92262 OCCUPANT OCCUPANT ;174/A� NT 172 E ANDREAS RD 174 E ANDREAS RD DREAS ROAD PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 LM SPRINGS, CA 92262 OCCUPANT 102 E AMADO RD PALM SPRINGS, CA 92262