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HomeMy WebLinkAbout9/21/2016 - STAFF REPORTS - 1.D. PALM$A ;Ot y c V N •c4<ffORN�P+ City Council Staff Report DATE: September 21 , 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1898 APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1898. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1898, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH." STAFF ANALYSIS: On September 7, 2016, Ordinance No. 1898 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1898, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH." (� !TAM NO. 0 ADOPTION OF ORDINANCE NO. 1898 September 21, 2016 Page 2 of 2 Motion Councilmember Roberts, seconded by Mayor Moon and carried unanimously. AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon NOES: None ABSENT: None This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. ames Thompson David H. Ready, Es City Clerk City Manager /kdh Attachments: Ordinance No. 1898 02 ORDINANCE NO. 1898 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH. City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 386 residential units, private streets and open space on a site of 126+/- acres of land generally located north of Verona Road, East of Sunrise Way and southwest the Whitewater River watercourse channel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Palm Springs Country Club, LLC. ("Applicant") filed an application pursuant to Palm Springs Zoning Code Section 94.07.00 (Zone Map Change/Change of Zone) and Section 94.03.00 (Planned Development District) seeking approval of a Planned Development District in lieu of a Change of Zone (Case 5.1327 PD-366) to construct 386 residential dwellings, private streets and open space, including a public park, on 126-acres of previously disturbed land (defunct golf course) generally located north of Verona Road, east of Sunrise Way, and southwest of the Whitewater River channel (APN 501-190-002, 501-190-011, 669-480-027) ("Project"). B. The Applicant submitted related Project applications, including a General Plan Amendment (Case 5.1327 PD-366/GPA) to change the land use designation from Open Space — Parks/Recreation to Very Low Density Residential; a Tentative Tract Map application (Case TTM 36691) to subdivide the subject property into 386 residential lots and common area parcels for public and private streets and open space pursuant to Title 9 of the Palm Springs Municipal Code; a Major Architectural application to review proposed architecture pursuant to Section 94.04.00 of the Zoning Code; and a Development Agreement (Case 5.1327 DA) to establish conditions, terms and obligations for the development of the Project. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law, and on April 13, 2016, the Planning Commission 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 voted 5-1 to recommend approval to the City Council of the Project. 03 Ordinance No. 1898 Page 2 D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law and on September 7, 2016, the City Council held a public hearing in accordance with applicable law. E. A Planned Development District in lieu of a Change of Zone is required to be adopted by ordinance as provided in the City's Municipal Code. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Project, including but not limited to the staff report, the Environmental Impact Report (Draft and Final versions), and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The Project includes a request to change the land use designation from Open Space — Parks/Recreation to Very Low Density Residential. This request will be heard concurrently with the proposed change of zone. In addition to Land Use Element of the 2007 General Plan, the Project was reviewed for conformity with General Plan Policies as follows: • Policy CD.22.1; Require new and infill development to be of compatible scale, materials, and massing as existing development. Also ensure that the design character of the new development is appropriate to the area. The proposed development is of a similar scale to the surrounding development, and would create additional density compatible with its surrounding patterns of development. The proposed residences will be limited to one story in height, which is similar to the scale and massing of other single-family residential development in the area. The design character and materials proposed for the residences are similar to those found in adjacent neighborhoods, so that the proposed residences will be consistent with their immediate context. • Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. 04 Ordinance No. 1898 Page 3 The proposed development will use existing street connections for primary access points to the site. New pedestrian paths will be created in open landscape areas between dwellings and separated from vehicular streets. The project will potentially include an access way through the site for the Coachella Valley Link ("CV Link"). These will enhance connectivity internally and through the site. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The applicant proposes 386 attached and detached single family residential dwellings. The residences will be constructed on lots that are at least 5,000 or 8,000 square feet in size, and the density of the project (at 3.1 dwelling units per acre) is slightly less than the single-family neighborhoods in the surrounding area. The applicant is seeking specific development standards for the proposed homes which are similar to other developments in the surrounding areas, including similar height limits and general setback requirements. Street access is provided to all homes and all streets will be wide enough to accommodate emergency access vehicles. The project is surrounded by a variety of related residential uses, including multi-family condominiums and single family homes. Therefore, the subject property is suitable for the uses permitted and proposed in PD-366. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The Project will enhance the current derelict open space condition. The requested PD in lieu of a change of zone proposes uses and development standards that are consistent and complementary with some of the existing properties adjacent to the project site. The density of the project is similar to that of the adjacent single-family neighborhoods, but features a greater amount of common open space as a means to provide additional buffers between the project and existing neighborhoods. Homes will be separated by open space with landscape paths. A park will be developed as a part of the Project that will be beneficial to adjacent properties and residents. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. CEQA. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An EIR has been prepared for the Project that evaluates the potential environmental impacts of the Project. The City Council has reviewed and considered the information in the final EIR and has, by separate resolution, certified he final EIR in accordance with CEQA. Q5 Ordinance No. 1898 Page 4 SECTION 2. Preliminary PD in lieu of a Zone Change. The City Council approves PD 366 in lieu of a Change of Zone as conditioned by City Council Resolution Nos. 24085 and 24086 for Case Nos. 5.1327 PD-366 ZC/DA/MAJ/TTM 36691. SECTION 3. Zoning Map change. The City Council approves the zone map change from "0" and "0-5" to PD 366 for a roughly 126-acre site generally located north of Verona Road, East of Sunrise Way and southwest of the Whitewater River watercourse channel, in conjunction with Case Nos. 5.1327 PD-366 ZC/DA/MAJ/TTM 36691. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. Expiration. If the entitlement granted under City Council Resolution Nos. 24084, 24085 or 24086 expire, this Ordinance shall automatically expire without notice, and the site shall revert to its previous zoning designations of"0" and "0-5". SECTION 6. Publication. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK nF Ordinance No. 1898 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1898 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 7, 2016, and adopted at a regular meeting of the City Council held on September 21, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 1 07 CITY OF PALM SPRINGS NOTIFICATION i City Council Meeting Date: September 21, 2016 Subject: Ordinance No. 1898 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on September 28, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. �LV6&0 Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance 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 27, 2016. I declare under penalty of perjury that the foregoing is true and correct. wad Kathie Hart, MMC Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 G'I T Y OF PALM S P R I N G State Of California as: 2116 OCT -3 AM 10: 35 County of Riverside 1A CITY CLLERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001615368 1 am over the age of 18 years old,a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non panel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: No 1394; Newspaper: The Desert Sun .9N ORDINA�hGS OF'THEE C1ry PALM PLAN' CALIFORNIA, Ap. 9/28/2016 PROVING CT PLANNED DEVELOPMENT' (PD'3B8) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY AS THE PALM RSITE MERYINGS C KNOWN RUB GOLF COURSE GENE RAOU L0.CATED NORTH OF VERONA ROAD, I acknowledge that I am a principal clerk of the EAST OF SUNRISE WAY qND 9 P P HWEST OF THE WHITEWATER RIVER WASN, printer of The Desert Sun, printed and rnis o;d�; ey,SSummary published weekly in the City of Palm Springs, developmant district i ePbrined zone change to attommodate the County of Riverside, State of California.The development of 38a residential units, Desert Sun was adjudicated a Newspaper of ste oa strftu and oppen space on a 1owtedlnorrth 26,1 W V onla Roach East general circulation on March 24, 1988 by the of Sunrise w and soufhw t the Superior Court of the County of Riverside, Whitawater R nal. ev¢ ve erw n une tha State of California Case No. 191236. CERTIFICATION STATE OF CAUFORNIA )) COUNTYOFRIVERSIDE )ss. JAMES THOMPSON OF PALM �C' rk the City of Palm Springs,tYCal forma,a of do hereby certify that Ordinance Na,a898 Is a ful4 true,and camact cepy. declare under penalty of perjury that the treathd,I a: foduced at a regular P ty P ry CosssNfl on Sea Palm Springs Gly Ptember T, ZBiQ and foregoing is true and correct. Executed on aeopted n assreegMular meeting of the this 28th da S EMBER, 2016 in Palm 201 .by thel foil owi SePtenber 21, AYES: Coundlmember Foot Mte Springs, ifornia. CcGundIrmnember KOM ounMayor Pro tern mal, NOES: and one.Mayor Moon. N ABSENT: M. ABSTAIN: None. - IAyM�Of ES Palms iOfglsCRY CLERK Pcllks M:W 16 Ca If is ORDINANCE NO. 1898 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH. City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 386 residential units, private streets and open space on a site of 126+/- acres of land generally located north of Verona Road, East of Sunrise Way and southwest the Whitewater River watercourse channel. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1898 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 7, 2016, and adopted at a regular meeting of the City Council held on September 21, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: None. ABSTAIN: None. CES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1898 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH. City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 386 residential units, private streets and open space on a site of 126+/- acres of land generally located north of Verona Road, East of Sunrise Way and southwest the Whitewater River watercourse channel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Palm Springs Country Club, LLC. ("Applicant") filed an application pursuant to Palm Springs Zoning Code Section 94.07.00 (Zone Map Change / Change of Zone) and Section 94.03.00 (Planned Development District) seeking approval of a Planned Development District in lieu of a Change of Zone (Case 5.1327 PD-366) to construct 386 residential dwellings, private streets and open space, including a public park, on 126-acres of previously disturbed land (defunct golf course) generally located north of Verona Road, east of Sunrise Way, and southwest of the Whitewater River channel (APN 501-190-002, 501- 190-011, 669-480-027) ("Project"). B. The Applicant submitted related Project applications, including a General Plan Amendment (Case 5.1327 PD-366/GPA) to change the land use designation from Open Space — Parks/Recreation to Very Low Density Residential; a Tentative Tract Map application (Case TTM 36691) to subdivide the subject property into 386 residential lots and common area parcels for public and private streets and open space pursuant to Title 9 of the Palm Springs Municipal Code; a Major Architectural application to review proposed architecture pursuant to Section 94.04.00 of the Zoning Code; and a Development Agreement (Case 5.1327 DA) to establish conditions, terms and obligations for the development of the Project. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law, and on April 13, 2016, the Planning Commission 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 voted 5-1 to recommend approval to the City Council of the Project. D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law and on September 7, 2016, the City Council held a public hearing in accordance with applicable law. Ordinance No. 1898 Page 2 E. A Planned Development District in lieu of a Change of Zone is required to be adopted by ordinance as provided in the City's Municipal Code. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Project, including but not limited to the staff report, the Environmental Impact Report (Draft and Final versions), and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The Project includes a request to change the land use designation from Open Space — Parks/Recreation to Very Low Density Residential. This request will be heard concurrently with the proposed change of zone. In addition to Land Use Element of the 2007 General Plan, the Project was reviewed for conformity with General Plan Policies as follows: • Policy CD.22.1; Require new and infill development to be of compatible scale, materials, and massing as existing development. Also ensure that the design character of the new development is appropriate to the area. The proposed development is of a similar scale to the surrounding development, and would create additional density compatible with its surrounding patterns of development. The proposed residences will be limited to one story in height, which is similar to the scale and massing of other single-family residential development in the area. The design character and materials proposed for the residences are similar to those found in adjacent neighborhoods, so that the proposed residences will be consistent with their immediate context. • Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. The proposed development will use existing street connections for primary access points to the site. New pedestrian paths will be created in open landscape areas between dwellings and separated from vehicular streets. The project will potentially include an access way through the site for the Coachella Valley Link ("CV Link"). These will enhance connectivity internally and through the site. Ordinance No. 1898 Page 3 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The applicant proposes 386 attached and detached single family residential dwellings. The residences will be constructed on lots that are at least 5,000 or 8,000 square feet in size, and the density of the project (at 3.1 dwelling units per acre) is slightly less than the single- family neighborhoods in the surrounding area. The applicant is seeking specific development standards for the proposed homes which are similar to other developments in the surrounding areas, including similar height limits and general setback requirements. Street access is provided to all homes and all streets will be wide enough to accommodate emergency access vehicles. The project is surrounded by a variety of related residential uses, including multi-family condominiums and single family homes. Therefore, the subject property is suitable for the uses permitted and proposed in PD-366. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The Project will enhance the current derelict open space condition. The requested PD in lieu of a change of zone proposes uses and development standards that are consistent and complementary with some of the existing properties adjacent to the project site. The density of the project is similar to that of the adjacent single-family neighborhoods, but features a greater amount of common open space as a means to provide additional buffers between the project and existing neighborhoods. Homes will be separated by open space with landscape paths. A park will be developed as a part of the Project that will be beneficial to adjacent properties and residents. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. CEQA. The Project is considered a "project' pursuant to the California Environmental Quality Act (CEQA). An EIR has been prepared for the Project that evaluates the potential environmental impacts of the Project. The City Council has reviewed and considered the information in the final EIR and has, by separate resolution, certified he final EIR in accordance with CEQA. SECTION 2. Preliminary PD in lieu of a Zone Change. The City Council approves PD 366 in lieu of a Change of Zone as conditioned by City Council Resolution Nos. 24085 and 24086 for Case Nos. 5.1327 PD-366 ZC/DA/MAJ/TTM 36691. SECTION 3. Zoning Map change. The City Council approves the zone map change from "O" and "0-5" to PD 366 for a roughly 126-acre site generally located north of Verona Road, East of Sunrise Way and Ordinance No. 1898 Page 4 southwest of the Whitewater River watercourse channel, in conjunction with Case Nos. 5.1327 PD-366 ZC/DA/MAJ/TTM 36691. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. Expiration. If the entitlement granted under City Council Resolution Nos. 24084, 24085 or 24086 expire, this Ordinance shall automatically expire without notice, and the site shall revert to its previous zoning designations of "O" and "0-5". SECTION 6. Publication. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1898 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 7, 2016, and adopted at a regular meeting of the City Council held on September 21, 2016, by the following vote: AYES: Councilmembers Foat, Kors, Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES:None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California