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HomeMy WebLinkAbout10/3/2007 - STAFF REPORTS - 1.B.August 3, 2007 Greg Trousdell, Project Manager Pahn Springs Modem Homes VI, LLC 1091 N, Palm Canyon Drive Palm Springs, CA 92262 Re: 2786 N. Girasol Avenue (APN 504-053-002) - Electrical Undergrounding Dear Mr. Trousdell, As we discussed yesterday evening, this letter is to inform you that as the property owner of 2786 N. Girasol Avenue, I do not wish to participate in the proposed electrical undergrounding across my property in any way, shape or form, and you do not have permission to enter onto my property for any such work. I also do not want to participate in the undergrounding of the overhead lines between my parcel and 132@Pedregal ('Tract 33162). Should you have a questions, please contact me at 325-8966. Sincerely,. % L �`/zcZC�6/5-� r� Mr. and Mrs. Frank Gladden 2786 N. Girasol Avenue Palm Springs, CA 92262 760-325 -8966 / a/ 0 3 lgoa 7 �v.�►�rrr�.r Sy 490VAI1-Y u2 NiGH/ler August 31, 2007 Greg Trousdell, Project Manager Palm Springs Modem Homes VI, LLC 1091 N. Palm Canyon Drive Palm Springs, CA 92262 Re: 2797 N. Cardillo Ave. Undergrounding work for Tr. 33162, 132 Pedregal Dear Mr. Trousdell, As we discussed, T do not wish to participate financially in the proposed SCE project that is required for the Pedregal development and your company does not have permission to enter onto my property for any required SCE work. Should you have any questions, please contact me at 272-7584. Sincerely, Bobby Rueda 2797 N. Cardillo Ave. Palm Springs, CA 92262 August 13, 2007 Greg Trousdell, Project Manager Palm Springs Modern Homes VI, LLC 1091 N. Palm Canyon Drive Palm Springs, CA 92262 Re: 2780 N. Girasol Avenue, Electrical Undergrounding (Tr. 33162, Pedregal) Dear Mr. Trousdell, Per our discussion on the city's requirement to underground the overhead transmission lines along my rear property line, I do not wish to participate financially in the proposed project and your company does not have permission to enter onto my property For any required work activities. Should you have any questions, please contact me at 325-1826. Sincerely, Eugene Lube 2780 N. Girasol Avenue Palm Springs, CA 92262 e! n •�a.+►,., W� . ,.wylwl r*, •fir; -• .- _ >kq � � w ' A inn fr T•r r •:^, _wf i. � �. '."F , .f++. � 1�• - ray � M` ' .�. 'y+r.. —�^, n. a,'w,a•w a n �.��. 1-..� i , lyx ii .e•>7h4♦ ,'l kI�'W,1MW'"'utii h iw'e/�� �'.• 1.� � N� ' � �,�, Mom. '�' Of `!. � `7 � " 6 e •yam W ", .--. _ - .. . = .- w • f .. - (NO Fn15C15 I.w:���OIwGiE 5 ' • LCa'il� _ Q --4Ye T, y1[ I�uu. 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Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City Council will consider a request by Dennis Cunningham for Palm Springs Modern Homes VI, LLC, to amend conditions of approval for Case CUP 5.1103, MAJ 3.2941, TTM 33162, a previously approved development ("Pedregal"), located at 2855 North Palm Canyon Drive and Tram Way. The Planning Commission considered the applicant's request at its July 25, 2007, meeting, and recommended denial of the request to waive a requirement to underground existing overhead utility lines along the southerly property line, and recommended approval of a request to eliminate street lights along Tram Way. It should be noted that staff maintains its recommendation to deny the applicant's request with regard to elimination of street lights along Tram Way. 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, DENYING A REQUEST TO AMEND CASE NO. 5.1103- CUP, 3.2941 — MAJ, TTM 33162, TO DELETE THE REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD UTILITY LINES ALONG THE SOUTHERLY PROPERTY LINE; AND DENYING A REQUEST TO REMOVE STREET LIGHTS ALONG TRAM WAY." PRIOR ACTIONS On September 20, 2006, the City Council originally approved Case CUP 6.1103, MAJ 3.2941, TTM 33162 ("Pedregal"), a 132-unit condominium complex located at 2855 North Palm Canyon Drive and Tram Way. On July 25, 2007, the request to amend the conditions of approval was considered by the Planning Commission and with a vote of ITEM NO. `\J City Council Staff Report October 3, 2007 - Page 2 Amendment to 5.1103 — CUP, 3.2941- MAJ, TTM 33162 4-0-3 (abstain) recommended denial of the request to waive a requirement to underground existing overhead utility lines along the southerly property line, and recommended approval of a request to eliminate street lights along Tram Way. STArF ANALYSIS. On August 23, 2006, the Planning Commission recommended approval, subject to conditions, of the "Pedregal" project (Case 5.1103 — CUP, 3,2941 — MAJ, and TTM 33162) for construction of a 132-unit condominium development located on 13.96 acres at the southwest corner of North Palm Canyon Drive and Tram Way. Subsequently, on September 20, 2006, the City Council approved, subject to conditions, this project. Included in the conditions of approval are standard Engineering Conditions (numbered 99 and 100 on this project) which require all new utilities to be installed underground, and to convert to underground all existing overhead utilities adjacent to the project: 99. All proposed utility lines shall be installed underground. 100. In accordance with Chapter 8, 04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy." These two conditions are standard conditions applied uniformly on similar projects throughout the City, in accordance with the Palm Springs Municipal Code. On May 10, 2007, David Baron of Slovak Baron & Empey LLP, on behalf of Palm Springs Modern Homes VI, LLC, the applicant, submitted a letter requesting relief from Engineering Conditions #99 and #100. With regard to Engineering Condition #99, staff notes that this condition reflects the requirements of the state Public Utilities Code for new utility service and is beyond the City's ability to waive. Consequently, the only issue for the City Council to consider is whether or not to amend Condition #100. 000002 City Council Staff Report October 3, 2007 - Page 3 Amendment to 5 1103 -- CUP, 3.2941- MAJ, TTM 33162 The letter of May 10, 2007 outlines a number of issues that potentially affect the applicant's abilities to comply with utility undergrounding along the southerly boundary of the project. Additionally, although the applicant is not seeking relief from the requirement to underground the existing overhead utilities along Tram Way, the applicant is requesting approval to remove the existing street lights along Tram Way that are currently attached to the overhead power poles. Please refer to the Planning Commission staff report dated July 25, 2007 (Attachment 3) for a more detailed analysis of the applicant's request. Although the Planning Commission recommends denial of the applicant's request to waive the requirement to underground existing overhead utility lines along the southerly property line, the Planning Commission did recommend approval of the applicant's request to eliminate street lights along Tram Way. As indicated in the Planning Commission staff report, staff is recommending that street lighting be maintained along Tram Way, as the street lighting was installed pursuant to prior Council action, and has provided important street lighting on Tram Way as it descends down the Chino Cone on a straight alignment towards N. Palm Canyon Drive. The need for street lighting on this roadway is more important as additional access points from the "Pedregal" development are constructed, and ultimately, as other development occurs in the surrounding area. Therefore, staff recommends that the City Council overrule the recommendation of the Planning Commission with regard to eliminating street lights on Tram Way, and deny the applicant's request. FISCAL IMPACT! None. VVuG�� David J. Barakian Director of Public Works/City Engineer David H. Read' onager Thomas J. Wilion Assistant City Manager ATTACHMENTS: 1. Vicinity Map 2. Resolution 3. Planning Commission Staff report dated July 25, 2007 4. Letter from the applicant dated May 10, 2007 5. Planning Commission Minutes Summary dated June 27, 2007 (excepts) 6. Memo from Blake Goetz, Fire Chief 7. Letter from Robin Harris dated September 20, 2007 000003 a Department of Planning Services W+E Vic in ity Map S Legend ® Project site 500' Radius Surrounding Parcels f..nN RAFAEL OR giro _ — ?R� r5 7 - •r - .. - _ fiya G6nli1'J b r F CITY OF PALM SPRINGS CASE NO: 5.1103 CUP, DESCRIPTION: To consider an application 3.2941 MAJ, by Palm Springs Modern Homes VI, LLC to TTM 33162 overturn the Planning Commission's denial of an amendment to a previously approved APPLICANT: Palm Springs Modern Homes Conditional Use Permit, a Tentative Tract Map "Pedregal" and Major Architectural approval. The underlying project is the construction .of 132 condominium units at 2855 North Palm Canyon Drive, Zone R3, Section 3, APN: 504- 040-047,504-040-048. 080004 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A REQUEST TO AMEND CASE NO. 5.1103- CUP, 3.2941 — MAJ, TTM 33162, TO DELETE THE REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD UTILITY LINES ALONG THE SOUTHERLY PROPERTY LINE; AND DENYING A REQUEST TO REMOVE STREET LIGHTS ALONG TRAM WAY WHEREAS, on August 23, 2006, the Planning Commission recommended approval, subject to conditions, Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal"; and WHEREAS, on September 20, 2006, the City Council approved Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal", subject to conditions; and WHEREAS, pursuant to Chapter 8.04.401 of the Palm Springs Municipal Code, existing overhead utilities "...on -site, abutting, and/or transecting, shall be Installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities," and WHEREAS, Resolution No. 21711, adopted by the City Council on September 20, 2006, includes the requirement to convert existing overhead utility lines adjacent to the Pedregal project site, in accordance with Chapter 8,04.401 of the Palm Springs Municipal Code; and WHEREAS, Palm Springs Modern Homes VI, LLC, ("Applicant") has filed an application with the City to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal', to delete the requirement to convert existing overhead utility lines adjacent to the southerly boundary of the Pedregal project site; and WHERAS, Applicant has further requested approval to remove, in entirety, existing street lights located along Tram Way adjacent to the Pedregal project site; and WHEREAS, on June 27, 2007, a public meeting 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, notice of public hearing of the City Council of the City of Palm Springs was given to consider a request to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 000005 Resolution No. Page 2 33162, commonly known as "Pedregal", to delete the requirement to convert existing overhead utility lines adjacent to the southerly boundary of the Pedregal project site, and to remove, in entirety, existing street lights located along Tram Way adjacent to the Pedregal project site, and WHEREAS, on October 3, 2007, a public hearing on the request to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as `Pedregal' 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 hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS Section 1: Chapter 8,04.401 "New Construction" of the Palm Springs Municipal Code states: No certificate of occupancy for new buildings or structures shall be issued unless or until all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, are installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. Section 2 Chapter 8.04.401 "New Construction" of the Palm Springs Municipal Code was enacted by Ordinance 1306, adopted by the City Council on September 7, 1988, has existed and is unchanged since its original adoption. Section 3: Utility undergrounding requirements have been applied equitably and fairly on development projects of equal size throughout the City of Palm Springs since adoption of Ordinance 1306. Section 4: Southern California Edison has policies to coordinate utility undergrounding projects when required by local ordinance, and has regularly participated in the utility undergrounding conversion process on a variety of projects throughout the City of Palm Springs since adoption of Ordinance 1306. Section 5: By City Council action taken on September 13, 1965, street lights have been installed on Tram Way within the Chino Cone, and have continued to provide important street lighting for traffic safety purposes. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby denies a request to amend Case No. 5.1103- CUP, 3.2941 — MAJ, TTM Resolution No. Page 3 33162, to delete the requirement to underground existing overhead utility lines along the southerly property line; and denies a request to remove street lights along Tram Way. ADOPTED THIS 3rd day of October, 2007. ATTEST: James Thompson, City Clerk David H. Ready, City Manager 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 October 3, 2007, by the following vote: AYES. NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000007 PLANNING- COMMISSION STAFF REPORT Date: To: Case: Application Type: Location: Applicant: APN: Zoning: General Plan Designation From: DESCRIPTION July 25, 2007 Planning Commission CUP 5A 103, MAJ 3.2941, TTM 33162 Amendment to Conditions of Approval 2855 North Palm Canyon Drive and Tram Way Palm Springs Modern Homes VI, LLC 504-040-047,504-040-048 R-3 (Multi -family Residential and Hotel) "R" Resort Overlay H43/21 (High Density Residential) NCC (Neighborhood Convenience Center) Marcus L. Fuller, P.E., P.L.S. Asst. Director of Public Works/Asst. City Engineer The applicant, Palm Springs Modern Homes VI, LLC is requesting an amendment of conditions of approval for a previously approved multi -family residential project, Case 5.1103 / CUP, 3.2941 / MAJ, and TTM 33162, "Pedregal". The amendment would eliminate the requirement to underground the existing overhead utility lines along the southerly boundary of the project. The applicant is also requesting approval to. remove the existing street lights along Tram Way that are currently attached to the overhead power poles (the requirement to underground the overhead utility lines along Tram Way would remain). RECOMMENDATION Staff recommends that the Commission recommend DENIAL of the request. 000068 Planning Commission Staff Report July 25, 2007 Amendment to 5.1103 — CUP, 3.2941- MAJ, TTM 33162 Page 2 of 7 BACKGROUND On August 23, 2006, the Planning Commission recommended approval, subject to conditions, the "Pedregal" project (Case 5.1103 — CUP, 3.2941 -- MAJ, and TTM 33162) for construction of a 132-unit condominium development located on 13.96 acres at the southwest corner of North Palm Canyon Drive and Tram Way. Subsequently, on September 20, 2006, the City Council approved, subject to conditions, this project. Included in the conditions of approval are standard Engineering Conditions (numbered 99 and 100 on this project) which require all new utilities to be installed underground, and to convert to underground all existing overhead utilities adjacent to the project: 99. All proposed utility lines shall be installed underground. 100. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the Califomia Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy" These two conditions are standard conditions applied uniformly on similar projects throughout the City, in accordance with the Palm Springs Municipal Code. On May 10, 2007, David Baron of Slovak Baron & Empey LLP, on behalf of Palm Springs Modern Homes VI, LLC, the applicant, submitted a letter requesting relief from Engineering Conditions #99 and #100 (see attached letter). With regard to Engineering Condition #99, staff notes that this condition reflects the requirements of the state Public Utilities Code for new utility service and is beyond the City's ability to waive. Consequently, the only issue for the Commission is whether or not to amend Condition #100. The letter of May 10, 2007 outlines a number of issues that potentially affect the applicant's abilities to comply with utility undergrounding along the southerly boundary of the project, namely: 00006� Planning Commission Staff Report Amendment to 5 1103 — CUP, 3 2941- MAJ, TTM 33162 July 25, 2007 Page 3 of 7 1. Utility undergrounding will conflict with a planned storm drain channel to convey off - site storm water runoff through the Pedregal development. At this location on the southerly project boundary, overhead power lines cross a natural drainage course which will be improved as part of the Pedregal project. The letter states: "SCE personnel...are concerned with the design of the concrete inlet that is required to occur between our site and the proposed Crescendo project to the southeast. It is our understanding that SCE would prefer that the lines be left in place along the south tract boundary." 2. Conversion of existing overhead service to adjacent single family homes requires that the applicant obtain easements to enter the adjacent properties to physically convert the overhead private electrical service. The letter states: "...we believe we would be liable if any electric problems occurred in the future. Issues that occur for this project are: 1) new meter boxes, 2) existing obstructions (e_g., landscaping, pools, etc.), and 3) site grade elevation changes between Pedregal and the neighborhood parcels." 3. Overhead utility lines are easier to maintain. The letter states: "SCE prefers the overhead lines because they are easier to repair and maintain... Changing the lines would disrupt the users in the surrounding areas..." 4. The cost of the utility undergrounding escalates the cost of the housing product to be sold to the public, targeted on average at $350,000, The letter states: "Although 132 @ Pedregal is not officially designated as a low/mod income housing project, the homes. -.are projected to be priced at an average of $350,000 per unit --- Undergrounding the south lines is estimated to cost $500,000, or approximately $3,787 per unit." 5. Requiring utility undergrounding along southerly project boundary will further delay the project and jeopardize its affordability. The letter states: "...SCE is on hold concerning our undergrounding needs for the balance of the project, resulting in increased project costs. In order to attain the desired affordability, it is imperative that we receive assistance with our undergrounding costs." ANALYSIS Engineering staff has conferred with the SCE planner, Bertram Williams, assigned to the Pedregal project, regarding the applicant's requests and the assertions stated in David Baron's letter of May 10, 2007. An e-mail response from Bertram Williams was received on May 14, 2007, after the applicant's request letter was forward to SCE for comment (see attached e-mail). Engineering staff subsequently received a telephone call from Bertram Williams on June 6, 2007, at which time the issues were further discussed, Staffs analysis and response to the issues as outlined above follows: 1. Storm Drain Channel - As indicated in their response, SCE's only concern with undergrounding the utility lines is Knowing how the drainage channel will be 000010 Planning Commission Staff Report July 25, 2007 Amendment to 5,1103 — CUP, 32941- MAJ, TTM 33162 Page 4 of 7 designed, as this will affect how SCE designs its underground conduit system. Tha drainage channel does not present a conflict for SCE, and SCE often installs underground utility systems in areas subject to flooding, or under flood control systems. SCE does not prefer that the overhead lines remain in place; rather, its policies require conversion of overhead utility systems if required by the local agency.' Staff believes that the applicant's argument does not accurately state~ SCE's policy as applied to this project, and we do not believe it supports amending the conditions raised by the applicant. 2. Riohts-of wav on Adiacent Properties -- Conversion of overhead utility lines to an underground system often requires undergrounding the overhead service lines on adjacent properties. This is not an unusual requirement. In fact, this applicant converted a large number of existing private overhead service lines adjacent to another project (Palm Springs Villas), without incurring, to our knowledge, liabilities associated with those conversions .2 Staff has concluded that the liability associated with development of the project, including undergrounding adjacent overhead utility lines is not a sufficient justification for amending the conditions. 3. Onaoina Service and Maintenance — As noted above, there is no evidence that SCE: prefers overhead utility lines or believes that underground lines are too hard to maintain. As stated by Bertram Williams in his email of May 14, 2007: "Edison has no problem maintaining an underground system whatsoever!" In addition, SCE acknowledges that utility undergrounding conversion projects always result in disruption to SCE customers; this fact has no bearing on whether or not the overhead utility lines should be converted to an underground system. If the City accepted the applicant's arguments on service and maintenance, no undergrounding would ever occur. However, SCE provides services to customers under a variety of conditions and staff does not believe that these arguments are sufficient to support the amendment. 4. Low to Moderate Income Housinq — Staff believes that the issues associated with low to moderate level income housing are unrelated to the Pedregal project, as follows; a. The project is not a low-income housing project being developed in conjunction with the Community Redevelopment Agency, and the actual sales prices of units sold in the Pedregal development will be market driven. Although targeted at an The City's requirement for undergrounding utilities (Chapter 8,04.401 of the Municipal Code) was enacted by Ordinance 1306 on September 7, 1988. This Ordinance has been in place and is unchanged since its original adoption. 2 Engineering staff and the City Attorney met with the applicant on February 28, 2007, to discuss the applicant's intent to seek relief from Engineering Condition #100. In that meeting, the City Attorney specifically addressed the matter of general liability assumed by a developer on any project, including liability that might be assumed in the conversion of private overhead service lines. The City Attorney, at this meeting, upheld the City's ability to enforce the undergrounding ordinance, and that the issue of liability was one the applicant incurs in the development of his project, and is addressed through the applicant's procurement of general liability insurance. 000011 Planning Commission Staff Report July 25, 2007 Amendment to 5.1103 — CUP, 3.2941- MAJ, TTM 33162 Page 5 of 7 average sales price of $350,000, the actual price will vary depending upon the price at which the housing market can absorb the units. b. The applicant identifies the per -unit cost of utility undergrounding at $3,787 — or about 1.1% of the average sales price. This amount is similar to other City development fees (such as sewer connection fees) and is not unreasonable given the context of the improvement for which it is paid_ c. The waiver of undergrounding for low and moderate income housing elsewhere in the City is not justification for a waiver for this project. Low and moderate income housing is intended to meet specific affordability limits which are contracted for thirty-five or more years. With artificially constrained revenues (that is, lower rents or sales prices) such housing usually needs public assistance to make any financial sense. Public assistance can take many forms, including cash subsidies, low interest financing or waivers from required public improvements. The Pedregal project is seeking no financial assistance from the City and is making no contractual commitments to providing affordable housing (and its units will not count toward the City's mandated affordable housing goals). Based on the discussion above, staff does not support the affordable housing argument as a basis for the amendment. 5. Timina and Construction Schedule — As noted in an earlier footnote, Engineering staff and the City Attorney met with the applicant over two months prior to the applicant's amendment request of May 10, 2007- At this meeting, the City Attorney advised the applicant that 1) the City's utility undergrounding ordinance was legal, 2) the applicant's concerns regarding liability were not substantiated, and 3) other developers have had to perform similar utility undergrounding conversions. Staff believes the applicant asked SCE to postpone work on the design of the required utility undergrounding systems for the Pedregal project, and that any delays in SCE's schedule should not be attributed to the City. In addition, the undergrounding requirement was placed on the project with the City Council's approval on September 20, 2006, eight months prior to the applicant's filing of the amendment request. Finally, this applicant has developed several other projects in the City where the City's requirement to underground overhead utilities has been imposed. Staff does not believe that any delays at this point should be a justification for waiving the conditions. Removal of Street_Liahtina on Tram Wav Although the applicant is not seeking relief from the requirement to underground the existing overhead utilities along Tram Way, the applicant is requesting approval to remove the existing street lights along Tram Way that are currently attached to the overhead power poles. This request was made informally to Engineering staff approximately at the same time that staff met with the applicant in February 2007. At that time, Engineering staff advised the applicant that removal of the existing street lights would not be recommended, as they were installed for safety purposes and their removal would potentially cause liability for the City. 000012 Planning Commission Staff Report July 25, 2007 Amendment to 5.1103 — CUP, 3.2941- MAJ, TTM 33162 Page 6 of 7 In response to the applicant's request3, staff investigated the effect of removing the street lights along Tram Way. First, staff notes that the City's General Plan includes recommendations for a "Dark Sky Ordinance", and for prohibiting street lighting except at major intersections. Removal of the lights would incrementally reduce the overall light 'glow' of the city. However, staff has also concluded that these lights serve an important and mitigating traffic safety purpose on Tram Way. Tram Way provides the only access to the Palm Springs Aerial Tramway, and winds up the Chino Cone at a moderately steep slope. The portion of the road from the Pedrega I project to Highway 111 is a straight downhill run that causes many drivers to speed, The street lights were originally ordered to be installed on Tram Way by the City Counci on September 13, 1965, (see attached Council meeting minutes). At that time, the direction was to install 6 street lights. Currently there are seventeen power poles -- each with a street light — along Tram Way as it extends up the Chino Cone from Highway 111; seven are located immediately adjacent to the Pedregal project. Whenever SCE converts overhead utilities to an underground system, and an existing power pole with street light is removed, it is replaced with a standard marbelite (concrete) street light fed with underground service. In this case, the 7 power poles to be removed along Tram Way would be replaced with marbelite street lights. However, in preliminary discussions with the applicant in February, City staff considered that fewer street lights may be sufficient. Staff recommended that the applicant consult a lighting engineer to determine exactly how many street lights would provide the minimum level of street lighting required Even if the applicant's request is granted, ten power poles with street lights would remain along Tram Way_ However, staff believes that the segment of Tram Way adjacent to Pedregal is where street lighting is most important considering that vehicle traffic will enter and exit the project via Tram Way. Staff consistently recommends against removing any street improvements which enhance traffic safety. Given the history of accidents on Tram Way, it is recommended that these lights be retained to avoid removing a safety feature and thereby expose the City to significant liability. ENVIRONMENTAL. ASSESSMENT Pursuant to Section 15162 of the California Quality Environmental Act, the preparation of further environmental assessment is not necessary since the circumstances of the project have not changed. The present request could not therefore, result in any new s The request was initially contained in a letter from Kay Hazen to Craig A. Ewing, Director of Planning Services, dated April 24, 2007. 4 For example, Riverside County requires street lights to be installed every 200 feet (+/- 20 feet) with 100 watt, 9500 lumen fixtures. Therefore, along Pedregal's approximate 1,000 feet frontage — a total of 5 street lights may be required, instead of seven. 000018 Planning Commission Staff Report Amendment to 5.1103 — CUP, 3.2941- MAJ, TPM 33162 July 25, 20D 7 Page 7 of 7 environmental impacts beyond those already assessed in the Mitigated Negative Declaration (MND) adopted by the City Council on September 20, 2006. NOTIFICATION A public hearing notice was advertised and mailed to all property owners within 400 feet of the subject property/adjacent property owners. a44 Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer Attachments: I A. wing, P Dire r of Plan i Services A. Draft Resolution B. Letter from the applicant dated May 10, 2007 C. E-Mail from SCE dated May 14, 2007 D. September 13, 1965, City Council meeting minutes (excerpt) 000014 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DENY A REQUEST TO AMEND CASE NO. 5.1103- CUP, 3.2941 — MAJ, TTM 33162, TO DELETE THE REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD UTILITY LINES ALONG THE SOUTHERLY PROPERTY LINE; AND RECOMMENDING THAT THE CITY COUNCIL DENY A REQUEST TO REMOVE STREET LIGHTS ALONG TRAM WAY WHEREAS, on August 23, 2006, the Planning Commission recommend approval, subject to conditions, Case No. 5.1103 — CUP, 3.2941 -- MAJ, and TTM 33162, commonly known as "Pedregal"; and WHEREAS, on September 20, 2006, the City Council approved Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal", subject to conditions; and WHEREAS, pursuant to Chapter 8.04.401 of the Palm Springs Municipal Code, existing overhead utilities "...on -site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities;" and WHEREAS, Resolution No. 21711, adopted by the City Council on September 20, 2006, includes the requirement to convert existing overhead utility lines adjacent to the Pedregal project site, in accordance with Chapter 8.04.401 of the Palm Springs Municipal Code; and WHEREAS, Palm Springs Modern Homes VI, LLC, ("Applicant") has filed an application with the City to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal', to delete the requirement to convert existing overhead utility lines adjacent to the southerly boundary of the Pedregal project site; and WHERAS, Applicant has further requested approval to remove, in entirety, existing street lights located along Tram Way adjacent to the Pedregal project site; and WHEREAS, on July 25, 2007, a public meeting 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Chapter 8.04.401 "New Construction" of the Palm Springs Municipal Code states: 000015 Planning Commission Draft Resolution Amendment to 5 1103 — CUP, 3.2941- MAJ, TTM 33162 July 25, 2007 Page 2 of 3 No certificate of occupancy for new buildings or structures shall be issued unless or until all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, are installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. Section 2: Chapter 8.04.401 "New Construction" of the Palm Springs Municipal Code was enacted by Ordinance 1306, adopted by the City Council on September 7, 1988, has existed and is unchanged since its original adoption. Section 3: Utility undergrounding requirements have been applied equitably and fairly on development projects of equal size throughout the City of Palm Springs since adoption of Ordinance 1306. Section 4: Southern California Edison has policies to coordinate utility undergrounding projects when required by local ordinance, and has regularly participated in the utility undergrounding conversion process on a variety of projects throughout the City of Palm Springs since adoption of Ordinance 1306. Section 5: By City Council action taken on September 13, 1965, street lights have been installed on Tram Way within the Chino Cone, and have continued to provide important street lighting for traffic safety purposes. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission recommends that the City Council deny a request to amend Case No. 5.1103- CUP, 3.2941 — MAJ, TTM 33162, to delete the requirement to underground existing overhead utility lines along the southerly property line; and recommending that the City Council deny a request to remove street lights along Tram Way_ 000016 Planning Commission Draft Resolution Amendment to 5.1103 — CUP, 3 2941- MAJ, TTM 33162 ADOPTED this 25th day of July, 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP ❑irector of Planning Services July 25, 200 7 Page 3 of 3 000017 SLOVAK BARON &EMP�YLLr A T T 0 R N E Y 5 A T L A W TAONID&VM ssRARONK 1300 E TA HQNITI CANYON WAY, PA 1 M SPR IN GS, CALIFORNIA 92262 DAv@ L IjARON Mac E. EMPgy PHONE (760) 322-2275 FAX(7601322.2107 1ASON D. DABA EJNF FMA M. ROCHNEWfCH CHAFfEs L. GALLAGHER ERFNTS CLWMEA SOSAN W. AOSMAN SNA1fN M. MU"jN JAMGS M. ROSMS014 INrD GHmahuc QFC011NSEL MYEONM>yyM' p C. H. NEAL WELLS III May 10, 2007 VIA HAND DELIVERY Mr- Craig Ewing, AJCP Planning Director City of Palen Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-2743 ORA.NGK COUNW OPi'10E e501 OWN CCN11M OWV1[, SUIM, brut/ COSTA MESA CA1.IronS iA -zG PHONE (11AI 135•a59I f'A.\ (711)RS 0.9011 RE: Condition Changes for 132aTedreeal Cases: 5.1103 CUP, 3.2941 MA & TTM 33162 2855 North Palm Canyon Drive Dear. Mr. Ewing: This office represents Palm Springs Modem Homes, the developer of 132@ Pedregal. Enclosed is an application to amend the Conditions of Approval for the underlying Tentative Tract Map that was adopted by the City Council on September 20, 2007. The application includes the following parts: Original Application (1 copy). 2. $2,309.50 Application Fee; $1,317 + $16 imaging = $1,333; and $57 + 156 + 275.25 = $488.25 X 2 = $976.50. 3. New Property Ownership Labels (3 sets; 400' radius). 4. Letter from Kay Hazen. The reasons for amending Conditions 99 and 100 (Utility Undergrounding) are as follows: G �13410U.In8nrinn DeptWodern Humes\Cnrrc9pondenue�Eving lever 1.17•07 wpd Mr. Craig Ewing, AICP May 10, 2007 Page 2 Design Conflict with Storm Channel We have met with SCE on a number of occasions since December 2006, and they are concerned about the need to underground the 12Kv and 33Kv lines along the south side of the project because we have designed an open pit storm channel for this area to comply with the city's request to provide storm water protection to our site and abutting residents to the south. See the attached March 19, 2007 letter to Dave 13arakian. The fmal design for the storm channel is being reviewed by Engineering Resources in conjunction with the plan checks that are ongoing for the project (e.g., City of Palm Springs, DWA, Caltrans, etc.). SCE personnel state that even if the lines were to be installed underground in their existing location, they could only remove a few of the existing utility poles. Additionally, they are concerned with the design of the concrete inlet that is required to occur between our site and the proposed Crescendo project to the southeast. It is our understanding that SCE would prefer that the lines be left in place along the south tract boundary. Requirement for Acquisition of Rights -of -Way from Adjacent Owners Palm Springs Modern Homes (PSMH) would have to request easements from the abutting single family homeowners so that the existing overhead transmission lines that serve the dwellings could be installed in underground conduit and we would have to incur the time and expense to make this project occur. As SCE only designs and energizes the new system, PSMH would have to complete all the off -tract work at our expense_ Once the off -site work was done, we believe we would be liable if any electric problems occurred in the future. Issues that will occur for this project are: I) new meter boxes, 2) existing obstructions (e.g., landscaping, pools, etc.), and 3) site grade elevation changes between Pedregal and the neighboring parcels - Ongoing Service / Maintenance Issues The south side of the project is bordered by a storm water channel, parking and landscaping areas that make the area hard to work on by SCE personnel. SCE prefers the overhead lines because they are easier to repair and maintain. The overhead lines provide electric services to the existing houses to the south and parcels along Tram Way Road. Changing the lines would disrupt the users in the surrounding areas, including the Palm Springs Aerial Tramway and Palm Springs Visitor Center. Need for Low/Mod Income Housing Although 132 @ Pedregal is not officially designated as a low/mod income housing project, the homes to be built (1,100 sq. ft. — carport parking only) are projected to be priced at an average of $350,000 pet- unit, with some units just under $300,000. Given that, even with the current "clown" market, home prices remain out of reach for far too many people, this project (located in a Redevelopment Area 9-A) will provide much needed assistance in helping the City 000019 \n�4a\I!bgnbun UepAMndnrli ]crier d .7-07 wlxl Mr. Craig Ewing, AICP May 10, 2007 Page 3 meet the housing needs of a greater number of its citizens. Undergrounding the south lines is estimated to cost $500,000, or approximately $3,787 per unit. A like amount will be required to underground the existing overhead lines along Trani Way Road. PSMH is receiving no financial assistance from the City at this time. (With respect to the lines on Tram Way, enclosed is a letter from Rob Parkins of the Mount San Jacinto Winter Park Authority indicating that they are not opposed to the permanent removal the existing street lights along Tract 33162.) We also note that in Economic Development Areas, the City has considered waiving its general undergrounding requirements. (See attached RFP). Project Delays Jeopardize Affordability If the south tract SCE lines are left in place, and the developer can get a quick decision from the City on not replacing the street lights on Tramway, SCE can proceed wilt the final design requirements for the entire project. Since meeting with city staff in March, we have instructed SCE to design their facilities for the easterly half of the project. Without resolution to these questions, SCE is on hold concerning our undergrounding needs for the balance of the project, resulting in increased project costs. In order to attain the desired affordability, it is imperative that we receive assistance with our undergrounding costs_ It is our hope to begin grading the site in May and obtain building permits as soon as the plans are approved by the Building & Safety Department. Please schedule this project for review by the Planning Commission and City Council so that these matters can be evaluated and discussed. We request that the Citv require a covenant for the south tract undergrounding work so that the utility work can be completed when all adiacent nronerty owners nav for the work to be done. It is our understanding that covenants have been permitted for other properties in the city when costs are burdensome or other issues have occurred. We also reouest that the street lights aloop Tram Wav he abandoned and not replaced because thev are not necessary for the entrance into the Chino Cone. PSMII will install landscaping lights along the frontage of the site that will not create light glare as the existing street lights currently do_ Should you desire any additional information, please contract our office. Thank you for your continued assistance. Sincerely, SLOVAK, ARON MPEX LLP David L. Baron DLB:sd F nclosures 000020 l.'rnamV.mgation DrptWodcro Horno&lCormipondenceEwing loner d-27.07 wpd Mr. Craig Ewing, AICP May 10, 2007 Page 4 cc: J,;Tl�,omas Wilson, Assistant City Manager Edward Robertson, Principal Planner Dennis Cunningham Ernest 0. 'Vincent Kay Hazen Mayor & Members of the City Council 000021 O �LalaJ_in�nllnn DeplVdndcrn Holnes$.nlrespunJence\wing Icner •I.r.p7 wpd Marcus Fuller From: Bertram.Williams@sce.com Sent: Monday, May 14, 2007 9W AM To: Marcus.Fuller@palmsprings-ca.gov Cc: Carol Templeton; Lin.Juniper@sce.com; Ronald, G.Anderson@sce.com, Michael,Yarnell@sce.com Subject: Re: TM33162 " Pedregal" Utility Undergrounding Importance: High Attachments: 1650_001.pdf; 1650_002.pdf, 1650_003.pdf It It it 1650_001.pdf(29 1650-002.pdf(55 1650_003.pdr(53 KB) KB) KB) Marcus, our concern with the storm channel was regarding the our design and that would be based on which type of channel that is constructed. (box covert or natural rock lined walks) We needed to know which type for design purposes. We have and will continue to cross under these channels usa,ng our approved construction methods. The adjacent existing property owners services can be under -grounded and poles removed, per your ordinance and like all projects may require modifications to panels currently serviced overhead. This is the responsibility of the developers and their contractors. We may need to obtain easements from current landowners (if we do not currently have underground rights) or we could alter the design in cases where we can't get them - Edison has no problem maintaining an underground system whatsoever! And if a City requires poles to be undergrounded, for new developmenL, we underground them. The underground conversion of ANY project will require an outage- This is to disconnect the overhead wires and connect them to the new underground system. Edison personnel coordinates outages with local businesses and in cases where a daytime outage is not practical it can be preformed at night. Bertram Williams, Project Manager New Residential Tracts for The Palm Springs District (Palm Springs, Palm Desert, Desert Hot Springs, Cabazon, Cathedral City, Indian Wells and Rancho Mirage) The 29 Palms District (Twentynine Palms, Yucca Valley, Joshua Tree, Landers and Morongo Valley) 26100 Menifee Rd. Romoland, Ca. 92585 951 316--4318 (cell) 951 928-8394 (fax) 000022 April 24, 2007 Via Hand Delivery Mr. Craig Ewing, AICP Planning Director City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-2743 RE: Condition Changes for 132@Pedregal Cases: 5.1103 CUP, 3.2941 MA & TTM 33162 2855 North Palm Canyon Drive Dear Mr. Ewing The purpose of this letter is to request amendment to certain Conditions of Approval for 132@Pedregal originally adopted by the City Council on September 20, 2007. Current conditions for the Pedregal project require that the existing street lights on the utility poles along Tram Way be replaced with marbelite poles when the Rule 20 work is being designed. We are requesting a change in conditions which would allow the street lights along Tram Way to be abandoned as part of the undergrounding of the overhead lines. As part of our community outreach efforts throughout consideration of the Pedregal project we attended numerous neighborhood meetings and made many presentations to individuals and community groups to raise awareness and solicit input about the proposed project. A universal theme we heard was that the utility poles along Tram Way should come down and that lighting should be low profile to preserve the night sky. The input we received from the neighborhood was incorporated into the project designr, including sensitivity to the area aesthetic, anti glare lighting and low profile lights at project entries. We also agreed to underground the utility poles along Tram Way, not understand ag that the city would require us to replace them with marbelite poles and street lights. Thy placement of these lights and poles was never a discussion point during the processing of fie . project and so not a part of our neighborhood outreach or communications. Working with staff to understand the rationale the placement of the street lights along Tram Way we were made aware that a City Council action in 1965 directed placement of the lights in response to a public safety issue (Attachment 1). Staff has made it clear that since a city council action required placement of the lights it would require a city council action to remove the requirement_ 000023 Personal reflections and anecdotal information from a variety of individuals present at the time of the original council action indicate that it may have been an automobile accident along that particular section of the Tram Way that prompted the council to direct that lights be placed on the utility poles. With great concern, understanding and acceptance of the need for public safety we respectfully request that consideration be given to effect of enhancements for the area that development will bring, along with the improvements required for Tram Way including reflectors, signage, median striping and other road improvements as reflected in the attached striping plan (Attachment 2). The Winter Park Authority raises no objections to the removal of the lights. Enclosed (Attachment 3) is a letter from General Manager Rob Parkins of the Mount San Jacinto Winter Park Authority indicating that the Authority is not opposed to the permanent removal of the existing street lights along Tract 33162. Southern California .Edison also has no objection to removal of the street lights. Bertram Williams with SCE has stated that the lights can be removed if the City of Palm Springs approves the request. However, SCE has stated they cannot proceed with the final design contract until they know whether or not the street lights need to be reinstalled. We have also visited with Visitor Center management regarding public safety issues and street lights from their perspective. They correctly point out that the lights are on the South side of Tram Way and do not particularly impact their facility and thus raise no real concern for them. Which brings us back to the issue of whether the street lights can reasonable be abandoned and not replaced. PSI&I has already agreed to install landscape lighting along the perimeter of the site which will not add to nighttime glare or negatively impact the dark sky. Required road improvements to Tram Way will include reflectors, reflective striping, medians and other improvements which significantly enhance the roadway and traffic safety_ Reducing the impacts to dark sky and area aesthetic from harsh lighting and glare were significant issues for the neighborhood and other stakeholders. These concerns have been incorporated into the design of Pedregal in the form of overall reduced glare lighting plans, and low level lighting for landscape, walkways and entryways_ In recognition for the overall change in conditions resulting from development according to ordinance and as a result of sensitive lighting plans to preserve the night sky along with implementation of required safety improvements to Tram Way we would appreciate consideration for a change in conditions which would allow the existing strectlights to be removed and not replaced. 000024 Should you desire any additional information, please contract our office. Sincerely, Pah Springs Modern Homes VI, LLC Kay Hazen Attach:3 c: 'Thomas Wilson, Assistant City Manager Craig Ewing, Planning Director Edward Robertson, Principal Planner Dennis Cunningham Ernie 0. Vincent 000025 MOUNT SAN JACINTO WINTER PARK AUTHORITY March 19, 2007 Mr- David Barakian Director of Public Works/City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. l3arakian: I am writing to advise the city of Palm Springs that we do not have an issue with the potential elimination of the street lights on Tram Way - It is my understanding that Palm Springs Modern Homes will be required to remove the existing utility poles along Franz Way as part of the Pedregal Project. I further understand that Southern California Edison has indicated that the street lights on the utility poles can be eliminated during the under grounding of the poles - Palm Springs Modern Homes has indicated a desire to eliminate the street lights to be more in keeping with the natural environment and to implement a reduced lighting and glare imgac.LC_n the neighborhood. We would not stand in the way of those efforts. . WC General Manager 900029 PALM SPRINGS AERIAL TRAMWAY Ph: (760) 325-1449 Fax: (760) 325.6682 One Tramway Road, Palm Springs, CA 92262 1 Web: www.pslramwav P-- council Minutes 9-13-65 Page 12 31, RIGHT-OF-WAY AGENT -'City Manager recommended that Council appoint the Diroctor of public Works as right-of-way agent for the City, and RIGHT - read title of Resolution 8466: OF -WAY AGENT OF TEE CITY COUNCIL OF THE CITY OF PALM SPRINGS, (118 & CALIFORNIA, APPOINTING THE DIRECTOR OF PUBLIC 136) WORKS AS THE GENERAL LAND AND RIGHT-OF-WAY AGENT FOR THE CITY, AND AUTHORIZING HIM TO ACT FOR AND ON BRHALF OF SAID CITY IN THE ACQUISITION OF ANY AND ALL INTERESTS IN kEAL FRAPERTY, It was moved by Dragicevich, seconded by McCoubrey, and carried, Beebe absent, that kcsolution 8486 be adopted. 32. AIRPORT TERMINAL CONSTRUCTICN City Manager recommended that Council authorise additignal grdding•iii connection with -Construction of the'Airport Terminal, in,amouric ofu$$,g00.. _ (51) -- City Clerk read title of Minute Order 1577: A13THDRIZING ADDITIONAL WORK TO CONTRACT FOB CONSTRUCTION OF AIRPORT TERMINAL TO P 0=2 $2,000 OF ADDITIONAL GRADING. It was moved by McCoubray, seconded by Bogert, and carried, Beebe absent, that Minute Order 1577 be adopted. 33, TRAMWAY ROAD STREET LIGHTS City Manager recommended that Council approve installation of six street lights on Tremwray Road west of Palm Canyon Drive with overhead wiring. - (134) Hr. MrlCenney, of the Tramway, spoke in favor of the installa- tion, stating it would improve a bad situation and that the overhead lights would terminate at the rear of the service station and would go underground from there. 'It was moved by Carlin, seconded by Bogere, and carried, Beebe absent, that the Council authorise the installation of six street lights on Tramway Road west of Palm Canyon Drive, with overhead wiring. 34. NUISANCE FLOODING AT HIGHWAY III AND SUNRISE City Manager recommended Council approve appropriation of $16,000 for drainage facilities to eliminate nuisance flooding at Highway Ill and Sunrise Way and read title of (61 & Resolution 8487: 136) OF THE CITY COUNCIL OF TILE'. CITY OF PALM SPRINGS, CALIPORNTA, AMENDING THE BIWET FOR THE FISCAL YEAR 1965-66. It was moved by Dragicevieh, seconded by McCoubrey, and carried, that Resolution 8487 be adopted, 000027 Conditions of Approval Page 21 CUP 5.1103, MAJ 3,2941. TTM 33162 drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on -site storm drainage improvements. 96. All on -site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on -site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. The CC&R's shall include appropriate legal authority to enter the property identified by Assessor's Parcel Number 504-040-046 to operate and maintain the off -site storm drain improvements. 97. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15180, Fees shall be paid prior to issuance of a building permit. GENERAL 98. 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. F99. All proposed utility lines shall be installed underground. 1 p0. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding Conditions of Approval CUP 6-1103, MAJ 3.2941, TTM 33162. Page 22 requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 101. All existing utilities shall be shown on the improvement plans required for- the project. The existing and proposed service laterals shall be shown from the main line to the property line. 102. 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. 103. 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_ 104. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 105. 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. 106. 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 107. A Final 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 000029 Pa9p 2 of 2 Pages For -Sale Mufti -Family Housing for Moderate Income Families Using "Green Building" Technologies Addendum No. 1 —April 16, 2007 3. Fire Station status. The issue of the Fire Station will likely be resolved by the City Council as part of the negotiation of this RFQ. Rather than produce two fully articulated sets of plans (one for 3.6 acres and another for 2.6 acres), developers should produce a conceptual plan for the larger parcel and then may discuss in the narrative the impacts on the project from reducing. The parcel sire, such as the effect on per unit cost, as well as physical differe noes in the project layout. 4. Undergrounding of overhead utilities. One of the factors in the development of the project is the City's Utility Undergrounding Ordinance, which requires that all commercial and multi -family development projects (as well as single family home tracts) underground the overhead utility lines along the property, to the first pole off the project site_ It was a factor in the previous proposed development on the site. In 2000, the estimated utility undergrounding cost for all four frontages was over $900,000: it is likely higher than that today. If the Agency were to sell the parcel for market -rate housing, it would probably require the Developer to underground the utilities. In the case of the responses to this RFQ, a Developer may propose to underground the utilities for the project but should include a per -unit cost for a $900,000 undergrounding cost, as well as a $1,500,000 cost. Agency staff will support the request by the developer to the Council (in the entitlement process) to r waive the utility und4groundfrig requirement. 5. Agency financial assistance_ The description of Agency financial assistance was based on recent experience with Century Homes on the development of single-family product. BY THE ORDER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS City of Palm Springs, California elopment Director DaleC/Housing/For-SaleMdlff-FLimllyGreen aldgAddQnduml.Apr d7 5,3U,4 ,�.,,or Y3'""TMtiPR1°�w+.rP ai. _VJL ac p`�=�uwrcr mwr,. ,s,r W THE CITY GF PALM SPRINGS, C011YIY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP IVO. 331fi2 OFF -SITE SIGNING AND STRIPING PLANS cr,ry, c• -,crca e. [ar.-.v. r .curve auc[ oc w�v.. u_mweG �[sm_n rtll[�S i@S 04 DIG ALERT D[p�GalelY ;,�'����•inn-Cis-'vJ�Lv .E°�s��• Ai 1FA1[iA0 [AA µme° aaEsuv PON PALIA SPRINGS Ir1ODERN ROIAES VL LLC P.O. box 1507 PALMS SPRNGS, OALFOFIRR U203 ❑aoiam-877a S nu •cic xa�a+.m. nvsa 91FT �c �r+E ar»c.uola ¢••_•••c•y` 1-1 u1 N IJ[u' rpyry�I E A� TRTp4 Ui i' id slwv Vr1 �' b i` ��' �SSAcCOnu�Vumo.I�IX Ql I M 1 ^ 1W-m�4ATl A1H_+Pil {1Fi N.LIy 1 [l�'r „vt' 0 . - My.s,"n-r"`T--6— Y or rA,iL sPRNn Ga w>�«.A ' i �L>tr I o-coafle-_�_ tiF 9iE.-^iEylF3 ,Y,,r3 , 1f1 [ L ryrpa v-raa M� —.n ..._��.ti ar�•i' I^ /%]•iJSF��.v.� ` en.[sm"r Ar�� TRAMP WAY � n £06iM l ;r.. ems'.\ .•-. =- -_I �"'�\ f'.r' i �; 5 TRAM WALEPEW Y Dig�Sa}e]y DIG ALERT.. A40�22vx0uuea 1 — rt�r.cnncexs _.SSA I+.�'._.ucxc:a. II�c.� 1st E I I '� i � Baas C[fY fF PA:lI ERY\'G5. CALFDIYiA 1 I ' I ....,....0 �wxa,. � �' �ev�P..l, I -' I��xl.i I 1..alrvL>pa�a•e+�.w�rs�s..Giwe�4u \rc w.ru. 11 l J.L�S N exsTNo vWaa convx I - f I4 y f---'-- TRAM WAY ` {• II j \ \ j II I 11 GwvE Mim Lac.. NnRTH P§,LA1 CPNYQN DRIVE —"�"� • { (STATE RW 1115 tia lfE MiA 1f 1-MDrav Y y � O 14Y 5�lNy �r �y� ..ati�•. �Yi..e D]G R!E{[L oz T:u. 1r MSAaCos�m -u:o U�c_ + r3i 0--"4��"�,L ` OF PAEM EPMGS. GI�LFOAHA �� �. _ I �."�" ,i. �� .r_... �..�.. � i �- x-�r-! --cr•• I �. TM;",T,. cr ra xrFx � j}]�jlF 3 , W yr �v ii5�_ W SAN 6flnco 'WAY •.. £I s, o — J NORYH PA�F/f CANYON DRIVE ISTATE HWY 110 _:.,—.� - •� - .i4 �' ..s ... ,f -CRT. 1 WAY cw'.e oAiA J J z D119FcIY I GIG ALER.�.,a...,.r�.l�a� I�aaa�2ar-zaau N CARMO AI.Mc s x' �nK M w 1 •r�w�r m��n �•-�[. w.w x..s A I � '•ao:o cR. ..cc ^•�•.. ti1�A� NRq ueTn.��cp * x 'L�1' u..• i A'� b,lm:.r am.wmsw�[�u�n Y rf � e easn•e-...�r.�o...-. �"'i ...•mac �+..� - `r,•:,•!� s-� ee.n ss*m j` "�"•:'^••••+� e. - g- CITY OF .r. I y COF PAW SPRiV65. Cl1FOTiiA - f _ili 1 �"`� .•I"J' I ��� iSLk.T W1P iq b3Cb a.�N• 6w• ar.ivu �.[ •R�w Dfi.SK 5ffY1 HL 5[Mtl ytM t�—�j City of Palm Springs Planning Commission Minutes of July 25, 2007 emphasized the Architectural Advisory recommendation to add M!S! ttAfice-G fair Hochanadel, 7-0) To approve, subject to reviseti`G-ef;ditiaQq,_. PUBLIC HEARINGS: S. Case 6,1103 CUP 1 3.2941 MAJ / TTM 33162 - An application by Palm Springs Modem Homes VI, LL.0 (Pedregal) to amend conditions of approval for a previously approved Conditional Use Permit, Tentative Tract Map and Major Architectural approval for the construction of 132 condominium units located at 2855 North Palm Canyon Drive, Zone R3, Section 3, APN: 504-040-047 and 048. (Project Planner: Edward O. Robertson, Principal Planner) (Continued from the July 11, 2007 Planning Commission meeting.) Chair Marantz noted her abstention and would not be participating in the discussion and vote. She left the Council Chamber at 1:58 p.m. Commissioner Hutcheson noted his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 1:58 p.m. Commissioner Caffery noted his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 1:58 p-m. Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated July 25, 200T Marcus Fuller, Assistant Director of Public Works, provided details on the request to eliminate the requirement to underground the existing utility lines along the southerly boundary of the project and to remove the existing street lights along Tram Way. Chair Hochanadel opened the Public Hearing: -Dennis Cunningham, applicant, representing Palm Springs Modem Homes, provided additional information using exhibits displaying the site and two adjoining properties. -Kay Hazen, Palm Springs Modern Homes, provided additional details related to the problems with Tram Way Road and the lighting. -Charles Sachs, Palm Springs, voiced concern with the effect to the landscaping and ambient lighting. There being no further appearances, the Public Hearing was closed. 000035 4 City of Palm Springs Planning Commission Minutes of July 25, 2007 The Commission discussed the power poles on Tram Way Road. Marcus Fuller, Assistant Director of Public Works, stated the engineering department strongly believes the lights on Tram Way Road serve as an important traffic safety purpose. The Commission further discussed the existing lighting and traffic accidents on Trani Way Road, Commissioner Ringlein stated she is an advocate for undergrounding and commented that the developer knew the terrain when he purchased the property. She encouraged staff to discuss undergrounding at a future study session. Commissioner Scott noted his preference to remove the utility poles and felt the ambient lighting from the landscaping and new structures would be sufficient_ Commissioner Ringlein was in concurrence with the removal of the street lighting however she noted a concern With the undergrounding. Marcus Fuller stated the liability concern was discussed with the City Attorney and the applicant on February 28th and a determination was made that the developer assumes all liability when he develops a piece of property. M/SIC (Ringlein/Cohen,) To continue to the meeting of August 8, 2007, to give the two adjacent homeowners an opportunity to participate in the public hearing. MOTION AND SECOND WERE WITHDRAWN. The applicant noted his preference for the Commission to make a motion today either in favor or opposition. He does not want a continuance. MIS/C (Scott/Ringlein, 4-0, 3 abstained Hutcheson, Chair Marantz, Caffery) The undergrounding of the existing overhead utility lines along the southerly boundary to remain in effect, as required; and deletion of the lighting requirement along Tram Way Road. Chair Marantz and Commissioner Hutcheson re-entered the Council Chamber at 3:01 p.m. WORK PROGRAM; . Work Edward Robertson FzmtndezFt tie Commission that n zt week's study session would cRQD&ir f d joint meeting with the Architectural Advisory Committee. 000038 5 Memorandum Date: September 7, 2007 TO: Craig Ewing, Director of Planning From: Blake Goetz, Fire Chief Subject: Pedregal CUP Case 5.1103 "Underground Utilities" The Fire Department is in the process of reviewing the new California Fire Code for adoption by the City Council in Palm Springs effective January 1, 2007. The proposed Fire Code has a new Chapter 47 "Requirements for Wildland Interface Areas". That chapter identifies additional fire regulations for projects that are in designated Wildland-Urban Interface Areas as defined by the Public Resources Code Sections 4201 through 4202 and Government Code Sections 51175 through 51189. "The purpose of the code is to provide minimum standards to increase the ability of the building to resist the intrusion of flame or burning embers being projected by a vegetation fire and contributes to a systematic reduction in conflagration losses through the use of performance and prescriptive requirements The Pedregal project (and others West of Hwy 111 in this area) are inside the proposed Wildland-Urban Interface Area that is being adopted by the State of California. There are three designations within this Interface Area: Very High Fire Severity Zone, High Fire Severity Zone, and Moderate Fire Hazard Severity Zone. The Pedregal project and all other land in the Chino Cone that is capable of being built upon are designated in the Moderate Fire Hazard Severity Zone. This Moderate Zone designation is directly adjacent to High and Very High Fire Severity Zones where the mountain or "toe of slope" begins. Although not a requirement in the California Fire Code, many local jurisdictions will be Amending Chapter 47 to require undergrounding of all electrical utilities for new. development inside Wildland-Interface Fire Areas. Based on our extreme weather conditions, threat to the High and Very High Fire Hazard Severity Zones, and significant history of fires in this area, the Fire Department will be recommending to the City Council that we amend Chapter 47 in the 2007 California Fire Code to require electrical utilities to be placed underground in all new construction. Throughout the city, one of most consistent sources of ignition for outdoor fires is trees in power lines that cause arching when the wind blows. We have an opportunity to reduce our long term fire potential in this Wildland-Urban Interface Area by requiring all new development to place their electrical utilities underground. 000037 9 JAMES THOMPSON, CITY CLERK 3200 E TAHQUITZ CNYN. WAY PALM SPRINGS, CA. 92262 SEPT 22,07 DEAR MR. THOMPSON, I AM IN RECEIPT OF YOUR (THE CITY OF PALM SPRINGS) NOTICE OF PUBLIC HEARING RE: 5.1103 CONDITIONAL USE PERMIT...PALM SPRINGS MODERN HOMES VE, LLC "PEDREGAL:. I ASSUME I RECEIVED THIS NOTICE (TWO OF THEM) BECAUSE I OWN TWO PROPERTIES VERY CLOSE TO THE PROPOSED CONDO PROJECT. I AM VERY MUCH IN FAVOR OF THIS PROJECT GOING THRU WITHOUT ALL THE "HOOPS" BEING THRUST UPON THEM. IE: DO NOT CONTINUE WITH THE DENIAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT. YOU ARE BENDING TO A FEW VERBAL PEOPLE WHO MAY OR MAY NOT BE NEIGHBORS OF THIS PROJECT. THE NORTH ENO IS VERY MUCH IN NEED OF A GOOD PROJECT LIKE THIS. IF YOU WOULD LIKE TO SPEAK WITH ME, I CAN BE REACHED AT (760) 864-9445 FAX (760) 864-9480. i can not attend the oct 3,07 MEEDING BUT WANT MY OPINION KNOWN. THANK YOU. SINGER Y, ROBIN HARRIS 22295 PARKMEAD RD PALM SPRINGS, CA. 92262 ATTACHED ONE OF YOUR NOTICES N � � 0 � n rO r_ mSC n � v m C1 --'� Ed CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: October 3, 2007 Subject: CONSIDER A REQUEST BY PALM SPRINGS MODERN HOMES VI, LLC TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, A TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPROVAL AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 18, 2007, in a sealed envelop, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (323 notices mailed). I declare under penalty of perjury that the foregoing is true and correct. A41AG Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 18, 2007. I declare under penalty f perjury that the foregoing is true and correct. 0 � 9 Dolores Strickstein, Secretary AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing will be published in the Desert Sun on September 22, 2007. I declare under penalty of perjury that the foregoing is true and correct. �4v49 Kathie Hart, CMC Chief Deputy City Clerk 0000314 NEIGHBORHOOD COALITION REPS Case 5.1103 CUP/3.2941 MAJ MR PETE MORU771 PEDREGAL MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 09.05.07 HISTORIC S1TE REP] 1 1 PO BOX 4738 PALM SPRINGS CA 92263-4738 VERIFICATION NOTICE I I I AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 SPONSORS I I I MR MARVIN ROOS MSA CONSULTING, INC. 34200 BOB HOPE DRIVE RANCHO MIRAGE, CA 92270 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS CA 92264 MR DENNIS CUNNINGHAM PALM SPRINGS MODERN HOMES VI, LLC P 0. BOX 1587 PALM SPRINGS, CA 92262 MR NORD ERIKSSON EPT DESIGN 1214 E. GREEN STREET, 9104 PASADENA, CA 91106 CASE 5.1103 CUP MPS. JOANNEBRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MR SEAN FINN DESIGN ARC 10500 W. PICO BOULEVARD LOS ANGELES, CA 90064 S .1tD3 WdaG� 504040001 504040045 CITY OF PALM SPRINGS DBA PALM NICHOLS,STEPHEN CULVER SPRINGS OIL CO NO 5 879 N PALM CANYON DR PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263 504040047 PALM SPRINGS MODERN HOMES VI PO BOX 1587 PALM SPRINGS, CA 92263 504041002 OHARE,ARTHUR & ELSA 20PARMA IRVINE, CA 92602 504041005 ZIRN,RICHARD 2825 N LOS FELICES RD 112 PALM SPRINGS, CA 92262 504041008 PABBRI,ALFRED & VIOLET 10855 TIMER DR HUNTLEY, IL 60142 ii504041011 SANJJRJO,JOSE M & ACELIA M 1148 KINBRAE AVE FIACIENDA HEIGHTS, CA 91745 504041014 ADOLFO,PETE C & LEONIDA 1 12925 N LOS FELICES RD 204 i PALM SPRINGS, CA 92262 �504041017 REVILLE,SHARI 429 W SANTA CATALINA RD PALM SPRINGS, CA 92262 I 504040048 PALM SPRINGS MODERN HOMES VI PO BOX 1587 PALM SPRINGS, CA 92263 504041003 GARRIS,STANLEY R 78850 SPYGLASS HILL DR LA QUINTA, CA 92253 504041006 MODOS,LESLIE 2825 N LOS FELICES RD 212 PALM SPRINGS, CA 92262 504041009 ARNOLD,JAMES M & CHRISTINA 1635 S BENSON AVE ONTARIO, CA 91762 504041012 WHEELER.LINDA 1646 CARMEL CIR W UPLAND, CA 91784 504041015 BON,MICI•IAEL P �548 KATI•IERINE CT EL CAJON, CA 92020 504041018 MCCLINTON,EMERICO 5103 W 129TH ST I-IAWTHORNE, CA 90250 504041020 504041021 CLEARY,MICHAEL M & KATHLYN L RITi'ER MILDRED ANN TRUST 130746 EARLY ROUND DR 651 N LA JOLLA AVE LOS ANGELES, CA 9004E 'CANYON LAKE, CA 92587 (504041023 BERGMANN,ALICIA M TRUST 20940 ELDERBERRY WAY GROVELAND, CA 95321 504041024 HYETT,MAURICE C & ELIZABETFI B 6004 ANNAN WAY LOS ANGELES, CA 90042 5040400-16 WESSMAN HOLDINGS 300 S PAI,M CANYON DR PALM SPRINGS, CA 92262 504041001 KERMPAULL•TTE P 4810 N CALLE PAJA TUCSON, AZ 85718 '504041004 BLAKESLEY,KURT M 28137 LA GALLINA LAGUNA REACH, CA 92677 504041007 MARTIN,GARY M & LAURETTA A PO BOX 33531 GRANADA HILLS, CA 91394 504041010 SCHMITZ,THOMAS H & LAURA J 11162 ESSEX DR LOS ALAMITOS, CA 90720 504041013 NADLER,ROBERTA L 611 S PALM CANYON DR 7-287 PALM SPRINGS, CA 92264 504041016 I•IARDISON.DORIS A 5414 LA SIERRA RIVERSIDE, CA 92504 504041019 RITCHIE,DANIEL T 60'Weef) lieRP� 2 LSN.Lo jel`'cej ,-00600• It- 10 1 F&1n� S fv-1 ems, C - 504041022 AGHAZARIAMARMOND S 2121 VALDERAS DR 72 GLENDALE, CA 91208 504041025 SCHWARTZ,KAREN 2gzsu.�ti�► 417(o� �Ci �cv �a�Sri �S C14 `f Z7 7- 5.I103 �E&eQ CAJ 504041026 504041027 504041028 KOSKI,ARTHUR M LAMA STRA,SOROYA TAYLOR,JOI-N P 311 CEDAR LN 6731 SAN FERNANDO RD 29501 E TRANCAS DR LARGO, FL 33770 GLENDALE, CA 91201 CATHEDRAL CITY, CA 92234 504041029 504041030 504041031 GUILBAULT,GERARD NODARSE,ADALBERTO & YOLANDA F SHAMOON,SOSSI 2825 N LOS FELICES RD 11 I TRUST 2825 N LOS FELICES RD 113 PALM SPRINGS, CA 92262 2233 S SAN ANI'ONIO AVE PALM SPRINGS, CA 92262 ONTARIO, CA 91762 504041032 504041033 504041034 FRANCO,JESUS THOMAS,NORMAN L & KAREN KAY OTTERBECK,LINDA 30877 DATE PALM DR B2 30535 A V ENIDA BUENA SUERTF 2825 N LOS FELICES RD 215 CATHEDRAL CITY, CA 92234 'I'EMFCULA, CA 92591 PALM SPRINGS, CA 92262 504041035 504041036 504041037 VALENTI,FRANCIS J BOGDANOUS,KRISTAPS T ISEARS,NINA M 207 APPLL'•TON ST A 353 N HERMOSA DR 6A1 12413 GRADWELL ST CAMBRIDGE, MA 02138 PALM SPRINGS, CA 92262 LAKEWOOD, CA 90715 504041039 504041039 504041040 ' ANDERSON,MADELINE CAROL TRUST SCI-IMITZ,THOMAS Ii & LAURA J WILSON,KAREN 68200 BELLA VISTA RD 11162 ESSEX DR 3970 2NO AVE CATHEDRAL CITY, CA 92234 LOS ALAMITOS, CA 90720 LOS ANGELES, CA 90008 504041041 504041042 504041043 BROWN,MALCOLM L & JESSIE J FRIEDMANEUGLNE SIMONSON,DON & JOAN 4262 DORTHEA ST 2857 N LOS FELICES RD 212 3020 SW B 64TH AVE YORBA LINDA, CA 92886 PALM SPRINGS, CA 92262 SEATTLE, WA 98116 504041044 ALEXANDER,RAYMOND & 1504041045 504041046 MARGUERITE TRUST SHEPHERD,RONALD L & DENISE P KOSKINA,PARASKEVI 125 CALLE BUENA VENTURA 'M06 DEODAR ST 2857 N LOS PELICES RD 208 OCEANSIDE, CA 92056 SANTA ANA, CA 92705 PALM SPRINGS, CA 92262 504041047 MARAS,IVICA 291 E MEL AVE PALM SPRINGS, CA 92262. 1504041050 BERARDIS,LOUISE 4309 CFDROS AVE 1 SHERMAN OAKS, CA 91403 504041053 MAHER ICEVIN J 2441 S GENE AUTRY UNT B PALM SPRINGS, CA 92264 504041048 504041049 ISESSA,ROBERT S & CAROL A REILLY,JOHN F 13769 TIBBETTS ST 26031 FALLBROOK RIVERSIDE, CA 92506 (LAKE- FOREST, CA 92630 504041051 504041052 i ISTANWOOD,MICHAEL W OCPIOCIQ,ROBERT P & SHARON M 114651 GOLDENWEST ST 1378 RANSOM RD WESTMINSTER, CA 92683 RIVERSIDE, CA 92506 504041054 1504041055 ALESI•IIR-E,STEVEN J THOMAS,LARRY W & MARYANNE 6 FARALLONFS ST 2857 N LOS FELICFS RD 101 SAN FRANCISCO, CA 94112 'PALM SPRINGS, CA 92262 5•Vlo� P�drec�ae 504041056 WOODSON,JUDITH LYNN 358 VILLA POINT DR NEWPORT BEACH, CA 92660 504041059 GRANTED WARD A 1 1230 N SWEETZER AVE 315 WEST HOLLYWOOD, CA 90069 504041062 MCCARTHY,EMILIA H & SAM E ETAL 4317 PALO VERDE AVE LAKEWOOD, CA 90713 1504041065 SHOBE,CHARLES P 10419 LARWIN AVE CHATSWORTH, CA 91311 504041068 HFNDERSON,CONNIE J 2045 CALIFORNIA ST OCEANSIDE, CA 92054 '504041071 11 SIERRA,BASILIO A 12126 DEL VISTA DR LA MIRADA, CA 90638 504041074 JONES,JEAN ANN PITCH 3640 S BEAR ST 47 SANTA ANA, CA 92704 I504041077 1 RAMSEY,STEVEN & CAROL ANN j 2131 MEANDER DR ANCHORAGE, AK 99516 504041080 ENRIQUEZ,MARIA G 2003 MORGAN LN REDONDO BEACH, CA 90278 5040,11037 POGUR,DAVID 1 & JUDITH A 357 (JI,ENOAKS ST BREA, CA 92821 504041060 BOECKMAN,DONNA TRUST 45374 BLACKFOOT WAX INDIAN WELLS, CA 92210 50404106, BROWN,ANDREYA M & MARGARITA G 56636 29 PALMS 14WY A YUCCA VALLEY. CA 92284 504041066 YSAIS,REY & MARGARET M 8457 SARAH ST ROSEMEAD, CA 91770 504041069 BURNS,RUTII T TRUST 4306 VIA NORTE CYPRESS, CA 90630 504041072 AREND,JENNA L 380 S GENESEE AVE LOS ANGELES, CA 90036 504041075 BYRNE,REBECCA E '35 REDROCK LN POMONA, CA 91766 11504041078 LOPICCOLO FAMILY TRUST 14833 GOLDEN RIDGE DR 1CORONA, CA 92980 '504041081 �HYETT,MAURICE C & ELIZABETH B 6004 ANNAN WAY I1LOS ANGELES, CA 90042 504041059 TAYLOR,JOHN P 29501 E TRANCAS DR CATHEDRAL CITY. CA 92234 504041061 NOEL,I,EON P & NOELLA B TRUST 530 NORTHWOOD AVE BANNING, CA 92220 504041064 BERSUCH,JOYCE M TRUST 281 CORSAIR WAY SEAL BEACH, CA 90740 504041067 PUHLMANN, WALTFR SIDNEY & VIRGINIA ANNE TRUST 12113 LOYA RIVER AVE FOUNTAIN VALLEY, CA 92708 504041070 KURUC7_,VERONIKA R 7601 FOUNTAIN AVE LOS ANGELES, CA 90046 504041073 ESCOBAR,FABIO & MERI B 39 KENTWORTH IRVINE, CA 92602 504041076 HYETT,MAURICE CHARLES & ELIZABETH BALCAZAR 6004 ANNAN WAY LOS ANGELES, CA 90042 504041079 TICE,LORRIE A & MARILOU J 4584 SHASTA CIR CYPRESS, CA 90630 504041082 PHILIP,GUIDE MONA 1424 25TII ST SANTA MONICA, CA 90404 1504051001 1 '1504051002 504051003 YARNALL,NATALIE E JOSEPH,ANNIE TRUST BREWER,LYLE J 2800 N VISTA GRANDE AVE 12784 BOTTICELLI DR �775 N GIRASOL AVE PALM SPRINGS, CA 92262 HENDERSON, NV 80052 PALM SPRINGS, CA 92262 504051004 504051005 504051006 HANSEN,MARGARET E JOI-FNSON,ANDREW T BRYAN,PHYLLIS E TRUST 2763 N GIRASOL AVE 2749 N GIRASOL AVE 2735 N GIRASOL AVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504051011 MCALLISTER,FREDERICK A & 504051012 504051013 K MINIC,BRUCE COSHOW,CARLA D TRUST 2722NPATRICIA N VISTA 3116 FERNWOOD AVE 2760 N VISTA GRANDE AVE PAL S, CA 92 62 PALM SPRINGS, CA 92262 LOS ANGELES, CA 90039 PALM SPRINGS, CA 92262 504051014 504053001 504053002 BODON,MARIC E STREUTKER,ANTHONY GLADDENF E & IMAGENE W 442 N PALM CANYON DR 6 STEPHENS CT 2786 N GIRASOL AVE PALM SPRINGS, CA 92262 RANCHO MIRAGE, CA 92270 PALM SPRINGS, CA 92262 504053003 504053004 504053005 JOFTNSTON,CANDICE LUBE,EUGENE M & 1NA W BROOKS,MICHAEL S ETAL 39820 REGENCY WAY 2780 N GIRASOL AVE 2770 N GIRASOL AVE PALM DESERT, CA 92211 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504053006 504053007 504053009 POWELL,ROBERT W & MELISSA MCGUIRE,MAURICE K ICEVORKIAN,G CHEVALIER 2760 N GIRASOL AVE 6641 CLEAR SPRINGS RD 2734 N GIRASOL AVE PALM SPRINGS, CA 92262 SIMI VALLEY, CA 93063 PALM SPRINGS, CA 92262 504053009 504053013 504053014 HERDAN,FARLE TRUST GUYMON,RANDY LEE TIBBITTS,BILL & STACY 1322 S RIMPAU BLVD 2727 N CARDILLO AVE 2733 N CARDILLO AVE LOS ANGELES, CA 90019 'PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 504053015 '504053016 504053017 HANSON,JOHN N ETAL MEDINA,SALVADOR B NOBLE TRUST 743 SE VIA MAPLE DR 2753 N CARDILLO AVE 36215 GOLDEN GATE DR LACEY, WA 98503 PALM SPRINGS, CA 92262 YUCAIPA, CA 92399 1504053018 504054003 RUEDA,BOBBY & GRISELDA MCGOUGHRAN,CHRIS 504054004 2797 N CARDILLO AVE 2723 N JUNIPERO AVE PALM SPRINGS, CA 92262 'PALM SPRINGS, CA 92262 504054006 504054007 504054005 ELLES,SIEGFRIFD & MAGDALENA EVA SLAKE CORAZON B OASIS DEVALLE LLC 'TRUST COACHELLA, CA 92236 I2763 N JUNIPERO AVE PO BOX 236 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263 504054008 504054009 1504054010 LEWIS,DANIEL R KRAUSE,DONNA ELIZABETH SEABOL,PATRICK J 16614UM13OLDT ST 2796 N CARDILLO AVE 2770 N CARDILLO AVE SAN RAFAEL, CA 94901 'PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 5040SADII MATSIK,GEORGE & ELIZABETI I B 2744 N CARDILLO AVE PALM SPRINGS, CA 92262 504054014 LONGTON,WILLIAM H & MARY C 2726 N CARDILLO AVE PALM SPRINGS, CA 92262 504060010 SHREVE,STEPI•IEN L & LORE`fTA C 697 E ALEXANDER WAY PALM SPRINGS, CA 92262 504060013 SALAMEH,LA WRENCE 1088 E DEEPAK RD PALM SPRINGS, CA 92262 504060016 I•IANSEN,JOHN F PO BOX 252 PALM SPRINGS, CA 92263 504060019 MCMAHONRICHARD P & 2786 JUNIPERO AVE A PALM SPRINGS, CA 92263 504054011 WOZNIAK,JACK 2738 N CARDILLO AVE PALM SPRINGS, CA 92262 504060008 HARRIS,ROSIN E 22295 PARKMEAD DR PALM SPRINGS, CA 92262 504060011 RODRIGUEZ,GUMESINDO 27250 AVENIDA QUINTANA CATHEDRAL CITY, CA 92234 504060014 SALAM EH,LA WRENCE 1088 E DEEPAK RD PALM SPRINGS, CA 92262 504060017 HANSEN,JOHN F PO BOX 252 PALM SPRINGS, CA 92263 504060020 V DIANE GALLAGHER,DANIEL 69 ANDREW ST KINGSTON, NY 12401 1504081012 TOPOUZIDES,DAMIAN P & I•IELEN 1033 4TH ST 1 SANTA MONICA, CA 90403 504092009 MIKE,JUNE 597 W SANTA CATALINA RD PALM SPRINGS, CA 92262 504083009 FRANK M HOMES 504093010 INC iREILLY,JOAN 26862 BRIDLEWOOD DR 599 W PICO RD LAGUNA HILLS, CA 92653 �I PALM SPRINGS, CA 92262 669375017 PEABODY,DONALD KAY & DOROTHY 669375018 TRIMMINS,MARY LIVING TRUST LISLE TRUST 9115 GEYSER AVE 1564 YORK DR NORTPHUDGE, CA 91324 VISTA, CA 92084 669375020 669375021 STROHM,M M & MADELINE M ETAL I•IARRIS,ANN 8470 FOX HOLLOW DR 3431 SAVANNA WAY CLEVELAND, OH 44147 PALM SPRINGS, CA 92262 504054013 504060009 HARRIS,ROBIN E 22295 PARKMEAD DR PALM SPRINGS, CA 92262 504060012 MOUGHALIAN,A 2006 LIVING TRUST 733 W GLENOAKS BLVD GLENDALE, CA 91202 504060015 RUTBERG,MICHAEL BRENT & FREDERIC RICHARD ETAL 3136 HEMSTEAD CT WEST COVINA, CA 91791 504060013 BERNARD INV GRP rNC 3991 MACARTHUR BLVD 350 NEWPORT BEACH, CA 92660 504060021 MARTELLI,RAYMOND J 201 CAPRA WAY SAN FRANCISCO, CA 94123 504082010 GERBER,MICHELLE 590 W YORBA RD PALM SPRINGS, CA 92262 669375016 SIMONS,RENATE LEE 249 ROSEBAG DR ENCINITAS, CA 92024 669375019 LOPEZ,MARTHA G 7235 VIA RIO N1DO DOWNEY, CA 90241 669375022 BELOIN,PIERRE A & TRACY H 3237 BURTON AVE ROSEMEAD, CA 91770 669375023 669375014 JANFRUECHTE,HELMUT KARL GUEMIKSIZIAN,ELIZABF,TH I tb9 :2;12_ N ;{- ,j nCt40,11`j 107081-IELENDALFAVF C�- '7Z26-2- TUJUNGA, CA 91042 669375026 HERKEY,PETER G PO BOX 4216 SUNLAND, CA 91041 669375029 ' PARTH,FRANK & ERNA TRUST 1906 W 181 ST ST TORRANCE, CA 90504 669375033 FP TFDMAN OF LEVINE TRUST 2992 KOBE DR SAN DIEGO, CA 92123 '669375036 ICONDERSKI,STEFAN & YVONNE 23799 MONTEREY SALINAS HWY 41 SALINAS, CA 93908 '669375039 CUNNIGAN,JIMMIE L & CAROLE L 12609 S HALO DR COMPTON. CA 90221 1669375042 LASTER,GLORJA MARIE 2309 E LOS FELICFS CIR PALM SPRINGS, CA 92262 669375045 WHEELERZ,LINDA TRUST 1646 CARACL CIR W UPLAND, CA 91784 669375049 KENNERSON,TELESMAR & LORRAINE IC 20203 BELSHAW AVE CARSON, CA 90746 669375027 CERVELLIYATRICIA 2812 N AUBURN CT 17109 PALM SPRINGS, CA 92262 669375030 SELBY,WILLIAM A 1402 BAY ST SANTA MONICA, CA 90405 669375034 STEFFES,DONALD E PO BOX 3685 IDYLLWILD, CA 92549 669375037 BELOIN,PIERRE & TRACY H 3237 BURTON AVE ROSEMEAD, CA 91770 669375040 AMUNDSON,BEVERLY JEAN 1241 W 27TH AVE 936 ANCHORAGE, AK 99503 669375043 KLEINMAN,KFNNETH L & JULIE ANN TRUST 5005 GLORIA AVE ENCINO, CA 91436 669375046 DEAN,ANTHONY & PAULETTE DAVIS 13131 SAN RAFAEL DR CHINO PIILLS, CA 91709 669375050 iCOSGROVE,WILLIAM L & RANAE R 82739 SCENIC DR INDIO, CA 92201 669375025 MANUEL,KATHLEEN 2812 N AUBURN CT FI 11 PALM SPRINGS, CA 92262 669375028 CONGER,JOHN 100 HAWTHORN DR 215 FAIRFIELD, CA 94533 669373032 LICUR$1,AARON T 550 BATTERY ST 1511 SAN FRANCISCO, CA 94111 669375035 BORRELLI,ALBERT W TRUST 12601 COLLINS ST NORTH HOLLYWOOD, CA 91607 669375038 REDAELLLMARCO 1911 OVERLAND AVE 1 LOS ANGELES, CA 90025 669375041 GRAVES,MARVA J 1310WSISTPI, LOS ANGELES, CA 90044 669375044 KROL,ANDRE W J PO BOX 394 SIERRA MADRE, CA 91025 669375048 DOCICENDORF,KENNETH G 11488 WILDWOOD CRESCENT PITT MEADOWS CANADA, 00000 669375015 PEABODY,DONALD K & DOROTHY L TRUST 9115 GEYSER AVE NORTHRIDGE, CA 91324 j669375014 669375013 069375012 PRENZLAU,ANITA E SALAMON,DAVID & CRUZ TRUST FORSYTHE,JANET 2812 N AUBURN CT 212 4420 VISTA LARGO 13881 HAILEIG14 ST PALM SPRINGS, CA 92262 TORRANCE, CA 90505 WESTMINSTER, CA 92693 5 AW 3 Qtd+rEs to 669375011 669375010 669375009 SANBORN,ANDREA R CHAVEZ,BENJAMIN A & ELEANOR M TRUST CONSORTIUM INC MERCER ISLAND, WA 98040 6204 SE IST3910 RIVER AVE 3431 SAVANNA WAY MESLPALM SPRINGS- CA 92262 NGWI'OR'C BEACH, CA 92663 669375008 RICHARDS,JAMES M ' 3667 ARIZONA ST SAN DIEGO• CA 92104 669375005 LEWIS,JOHN D JR FAMILY 'TRUST 2018 GRIFFITH PARK BLVD 218 LOS ANGELES, CA 90039 1669375002 COYANTES,JERRY ANNE PO BOX 1563 WEST COVINA, CA 91793 504091014 PIROZZI,GIOVANNI & VICENZO PO BOX 328 PALM SPRINGS, CA 92263 504091005 ROBERTS,J R I SAN CARLOS AVE SAUSALITO, CA 94965 669375007 IiIRSCHNER,BERNARD I & DORIS L 23901 CIVIC CENTER WAY 307 MALIBU, CA 90265 669375004 SCHWARTZ,VERNON & KAREN 18540 LEGENDS CLUB CIR PRIOR LAKE, MN 55372 669375001 SADOIAN,ARPENIK 383 HARVEY DR GLENDALE, CA 91206 504091013 PIROZZI,GIOVANNI & VICENZO PO BOX 328 PALM SPRINGS, CA 92263 504091004 ROBERTS,J R 1 SAN CARLOS AVE SAUSALITO, CA 94965 669375006 SCI•IWARTZ,VERNON & KAREN 18540 LEGENDS CLUB CIR PRIOR LAKE, MN 55372 669375003 ROCK,FRANCIS G 9855 CYPRESS AVE FONTANA, CA 92335 669370042 PALM,SPRINGS VILLAS 11 729 EUGENE RD PALM SPRINGS, CA 92262 504091012 ATJK,BASSIM 503 W SANTA CATALINA RD PALM SPRINGS, CA 92262 504091003 PIROZZI,GIOVANNI & VICENZO PO BOX 328 PALM SPRINGS, CA 92263 504091002 504091001 669375051 PIROZZI,GIOVANNI & VICENZO YOUSEF,SOBHY G & MARSIIA B TRUST IICASEY,CHANCE PO BOX 328 3675 TORITO CIR PO BOX 1064 PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92263 669375052 669375053 669375054 JOHANSEN,SOLFRID TRUST SZFTO,JACK & ETHEL TRUST MCCARTY,RICHARD G & JUDITH PO BOX 5863 1747 S NEW ENGLAND ST 40600 VIA MALAGAS MONTEREY, CA 93944 LOS ANGELES, CA 90006 ��IURRIETA, CA 92562 1669375057 669375055 669375056 LEWIS,JOHN ROMO,GARY S & DIANA R PARTH,FRANK R 2018 GRIFFITH PARK BLVD 218 22959 PAWL CT i11906 W 181ST ST LOS ANGELES, CA 90039 WILDOMAR, CA 92595 TORRANCE, CA 90504 669375058 FRANZ,SI•IELLEY L 2809 E LOS PBLICES CIR G202 PALM SPRINGS, CA 92262 669375059 DAWSON,MARGARET R TRUST 519 N DARTMOUTH WAY ANAHEIM, CA 92801 669375060 013EN8FRGER,KEITH GERALD & SHERRI MAE TRUST 13803 BIOLA AVE LA MIRADA, CA 90638 5 lJo� �Qd.o 669375061 669375062 669375064 PENNINGTON,MARGO LOU MURPIIY,PATRICK KAYS,MICHAEL 6605 COLFAX CT 138 BRIARWOOD 29809 CALLS TAMPICO RIVERSIDE, CA 92506 IRVINC, CA 92604 CATHEDRAL CITY, CA 92234 669375065 669375066 669375067 BONAVENTURA,MICHAEL ANTHONY REZVANLPOUR MEHRDAD TICE,BARRY B TRUST 10701 WILSHIRE BLVD 706 11161 ESSEX DR PAL DESERT, C 9 21 P329 LOS ANGELUS, CA 90024 LOS ALAMITOS, CA 90720 PALM DESERT, CA 92211 669375068 669375069 669375070 E RA,CHR[STOPHER P ICENT,DAVID M IANUSZKA,[4ENRY A& MARY ANN J NIFER 15119 INDIAN DR 342 VILLA P01NT DR 763 CYPRESS ST 763 N 1 FONTANA, CA 92336 NEWPORT BEACH, CA 92660 LA HABRA HEIGHTS, CA 90631 669375071 669375072 669375073 REYNOLDSJHOMAS R & LORETTA L PEREZ,ERNEST S & NORMA M TRUST BERRIOS,ELIZABETI•I A TRUST 3612 VOGEL AVE 13413 SAFARI DR 9211 ROBIN DR WESTMINSTER, CA 92683 WHITTIER, CA 90605 LOS ANGELES, CA 90069 669375074 669375075 KOFILERZARIN TRUST PALM,SPRINGS VILLAS II 2809 E LOS FELICFS CT 118 729 EUGFNE RD PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 I 10"'E _ C'9C I two ,-it T oT Pail-rryi S-r-,rings Office of the Cary Clerk i200 L. 116giut/ Cnnpnn V'I}. = Palm Springs, Californi,i 97? 6? Tcl (760) 3.2-52II{ = Fax (760) - Web. www.palmsprulgs-Cn ;gn September 18, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting — October 31 2007 Pedregal, Palm Springs Modern Homes The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on October 3, 2007. Enclosed are two copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 500 ft. radius of the project location, as shown below. APN 504-054-013 APN 504-054-004 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, MR I Kathie Hart, CIVIC Chief Deputy City Clerk /kdh PFIN Ic BIA- Pedregal 10-03-07 doe Encl-. Public Hearing Notice (2 copies) Envelopes w/ postage 000040 Post O(Tice Box 2743 0 Palm Springs, Califnrnia 92263-2743 PROOF OF PUBLICATION This is space forcoi ClcrZs F•ilins Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to or interegted in The above-enlitled matter. I am the principal clerk of printer of tile, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, Slal'e of California under the date of March 24,1988. Case Number 191236; that the notice, of which the annexed is a printed copy (set in type not smaller than non paril 1, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 22"d, 7007 All in the year 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California this--24", ---- day of---- September -----------------, 2007 1. Ill S gnature i = , ccCW. i4W T� U 1— } C/f W }' . U <x 1 No. NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS AMENDMENTS TO CONDITIONS OF APPROVAL 5.1103 - CONDITIONAL USE PERMIT, 3.29,11 - MAJOR ARCHITECTURAL, TENTATIVE TRACT MAP 33102 PALM SPRINGS MODERN HOMES VI, LLC "PEDRECAL" NOTICE 13 HEREBY GIVEN that ina City Council o(thu City of Palm Spring. California, will hold i public hearing At its moo Spring. of October 3, 2007.1 The City Council meetingg beglna at 6:00 p m., In the Council Chamber at Cqy I{all, 3200 Eest tah- quitz Canyon way, Palm Springs. ...TBe'putppso_of_tbis'nobr cinder- re-` quest by Palm Spring, Me arff n Homes VI, LLC to overturn the PI•mnlnq Commission's denial of an amendment to a previously approved Conditional Uuo Permit, a Tentativa Tract Map and Major Ar- chitectural approval. The underlying proji Is tho cons'In+clion of 132 condominium emits at 2855 North Palm Canyon Drive. ENVIRONMENTAL DETERMINATION: A Mltlg:d- ed Negative Declaration for this project was pmvl- ouNjY adapted by the City Council on September 20, 006. Pursu3nt to Suction 16162 of tn�. Cell• fornla EnvIYOnmantal Quality Act (cEQA), the Preparatlen of further envlronmantnl assessment not necessary since the circumstances sur- rounding the project have not changed. The pm - sent project could not, therefore, result In any new envjronmentll Impacts beyond those already Identified and assessed In the adopted mitigated negative declaration REVIEW OF PROJECT INFORMATION: The n1aff report and other su porting document, rcgarding this matter are avalPable for public roview at Clttyy Fill between the hours of 0:00 a.m. and 5:00 p.m Mondey tnreuggh Frlday. Please contact the ORlc-M. of the Clty Glerk at "be) 32a-0204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Rsspponse to this notice may be made verbally at the Pwlic Hearing and/or In writing before the hearingg Writ- ten commanle may be made to the City C euncll by latter (for mall or nand dolivery) to: 3200 E Tehquia n6angyn ity Way Palm Springs, CA 92262 Any challenge of the proposed prclect In court may be limited to raking only those flssues raised the �t at public hearing described In trill notice or In wrilpm correspondence deliverod to the Cry Clark at, or pprior, to the healing. (Oevern- ppublic ment Code Nei 6500B[b][21). An opportunity will bt given at said he rrinq for all nteraeted persons to be heard. Questions ragard- ing Snit: be directed gsan, cane may to Edward O. Igob• e PanZno Services Department at (760) 323.8245. SI nacesaa .ryuda con esta cana, porfavor flame a I.., Ciudad de Palm Spin y 9puode hebiar Con Nadine Fleger teierenp (i 0) y23-8245, James i nompi U ry Uerk Puglis)red: 9/22/20gT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS AMENDMIuNTS TO CONDITIONS OF APPROVAL 5.1103 — CONDITIONAL USE PERMIT, 3.2941 — MAJOR ARCHITECTURAL TENTATIVE TRACT MAP 33162 PALM SPRINGS MODERN HOMES VI, LLC "PEDREGAL" NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 3, 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 this hearing is to consider a request by Palm Springs Modern Homes VI, LLC to overturn the Planning Commission's denial of an amendment to a previously approved Conditional Use Permit, a Tentative Tract Map and Major Architectural approval. The underlying project is the construction of 132 condominium units at 2855 North Palm Canyon Drive, ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration for this project was previously adopted by the City Council on September 20, 2006. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), the preparation of further environmental assessment is not necessary since the circumstances surrounding the project have not changed. The present project could not, therefore, result in any new environmental impacts beyond those already identified and assessed in the adopted mitigated negative declaration REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter 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 Edward O. Robertson, 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. r A, - es Thompson, City Clerk �// 000041 department of Planning Services N, N E a Vicinity Map s Legend Project site 5w Radius uSurrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1103 CUP, 3.2941 MAJ, TTM 33162 APPLICANT: Palm Springs Modern Homes "Pedregal" DESCRIPTION: To consider an application by Palm Springs Modern Homes VI, LLC to overturn the Planning Commission's denial of an amendment to a previously approved Conditional Use Permit, a Tentative Tract Map and Major Architectural approval. The underlying project is the construction of 132 condominium units at 2855 North Palm Canyon Drive, Zone R3, Section 3. APN: 504-040-047, 504-040-048. 000042 JAMES THOMPSON, CITY CLERK 3200 E TAHQUITZ CNYN. WAY PALM SPRINGS, CA. 92262 SEPT 22,07 DEAR MR. THOMPSON, I AM IN RECEIPT OF YOUR (THE CITY OF PALM SPRINGS) NOTICE OF PUBLIC HEARING RE: 5.1103 CONDITIONAL USE PERMIT ... PALM SPRINGS MODERN HOMES VE, LLC "PEDREGAL:. I ASSUME I RECEIVED THIS NOTICE (TWO OF THEM) BECAUSE I OWN TWO PROPERTIES VERY CLOSE TO THE PROPOSED CONDO PROJECT. I AM VERY MUCH IN FAVOR OF THIS PROJECT GOING THRU WITHOUT ALL THE "HOOPS" BEING THRUST UPON THEM. IE: DO NOT CONTINUE WITH THE DENIAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT. YOU ARE BENDING TO A FEW VERBAL PEOPLE WHO MAY OR MAY NOT BE NEIGHBORS OF THIS PROJECT. THE NORTH END IS VERY MUCH IN NEED OF A GOOD PROJECT LIKE THIS. IF YOU WOULD LIKE TO SPEAK WITH ME, I CAN BE REACHED AT (760) 864-9445 FAX (760) 864-9480. i can not attend the oct 3,07 MEEDING BUT WANT MY OPINION KNOWN. THANK YOU. SINCERELY, ROBIN HARRIS 22295 PARKMEAD RD PALM SPRINGS, CA. 92262 ATTACHED ONE OF YOUR NOTICES N C m �r.,7 C:7 � CO C/ R00�➢43