HomeMy WebLinkAbout24027 RESOLUTION NO. 24027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF
ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE
PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA
BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND
PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR
ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL
SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4
EAST, FILE R15-12, AND APPROVING A DETERMINATION
THAT THE MITIGATED NEGATIVE DECLARATION
PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION
NO. 18461 REMAINS VALID AND THAT NO FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES:
A. The City Council of the City of Palm Springs, California, is authorized by
Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California
(the "statute"), to vacate and close to public use right-of-way dedicated for public
streets, or parts thereof, within the limits of the City.
B. Pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for May 4, 2016, for City Council consideration of vacating and closing to
public use portions of the public right-of-way dedicated for Calle Encilia between Amado
Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for
Andreas Road between Calle Encilia and Calle El Segundo.
C. The City Clerk did cause to be published a notice of the public hearing, and did
cause to be posted notices of vacation along the line of the subject public rights-of-way,
as required by the statute.
D. In accordance with Section 8313 of the statute, and California Government Code
Section 65402, the proposed vacation and abandonment of portions of the public right-
of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way,
and a portion of the public right-of-way dedicated for Andreas Road between Calle
Encilia and Calle El Segundo.
E. On March 9, 2016, the Planning Commission of the City of Palm Springs adopted
Resolution No. 6560 determining that the proposed vacation and abandonment of
portions of the public right-of-way dedicated for Calle Encilia between Amado Road and
Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas
Road between Calle Encilia and Calle El Segundo, was in conformance with the Palm
Springs General Plan.
Resolution No. 24027
Page 2
F. The City Council did hold a public hearing as required by the statute, and has
considered all evidence submitted concerning the portions of the public right-of-way
dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and the
portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and
Calle El Segundo, being the vacated areas described on Exhibit "A" and shown on
Exhibit "B", attached hereto and made a part hereof, and the need therefore for present
and prospective public use.
G. In August 1994, pursuant to the California Environmental Quality Act, ("CEQA"),
the City Council completed an environmental assessment of the potential environmental
impacts resulting from approval for the Agua Caliente Indian Gaming Facility, identified
as Case 5.0667 GPA/ZTA/PD-232, which included discussion and analysis of the future
vacation of streets adjacent to the gaming facility (Calle Encilia from Amado Road to
Tahquitz Canyon Way and Andreas Road from Indian Canyon Drive to Calle El
Segundo); a public review period of the environmental assessment was held from
August 1 to August 30, 1994. On September 7, 1994, the City Council adopted
Resolution No. 18461, certifying the Mitigated Negative Declaration for the Agua
Caliente Indian Gaming Facility, (the "MND"), which considered and included mitigation
of potential environmental impacts associated with the future right-of-way vacation of
Calle Encilia and Andreas Road.
H. The preparation of further environment documentation is not necessary because
none of the circumstances triggering further environmental review have occurred since
the adoption of the MND: (i) there are no substantial changes in the project requiring
major revisions of the MND due to the involvement of new significant environmental
effects or a substantial increase in the severity of the previously-identified significant
effects; (ii) there are no substantial changes with respect to the circumstances under
which the project is being undertaken which will require major revisions of the MND due
to the involvement of new significant environmental effects or a substantial increase in
the severity of previously-identified effects; and (iii) there is no new information of
substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the MND was adopted showing that: (a)
the project will have one or more significant effects not discussed in the MND; (b)
significant effects previously examined will be substantially more severe than shown in
the MND; (c) mitigation measures previously found not feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project,
but the mitigation measures have not been adopted; or (d) mitigation measures
considerably different from those analyzed in the MND would substantially reduce one
or more significant effects on the environment, but the mitigation measures have not
been adopted. Accordingly, no further environmental review is required. (Public
Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162.)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above findings are all true and correct.
SECTION 2. The City Council does hereby find that the portions of the public
Resolution No. 24027
Page 3
right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon
Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle
Encilia and Calle El Segundo, are unnecessary for present or prospective public use.
SECTION 3. Subject to Section 4, the City Council does hereby vacate and
abandon all the City's right, title and interest in the portions of the public right-of-way
dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a
portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and
Calle El Segundo, as described and shown on Exhibits "A" and "B", attached hereto and
made a part hereof.
SECTION 4. The City of Palm Springs reserves and excepts from the foregoing
vacation a public utility easement to operate and maintain sanitary sewer lines,
domestic water lines, natural gas pipelines, communication cables, underground
electrical conduits and facilities, and any other facility of any governmental agency or
utility corporation existing in, under, or over the vacated area, unless quitclaimed or
released by the owner thereof. Access over the vacated area shall be provided to the
City and other utility owners as necessary for continued operation and maintenance of
existing utilities, until such time as those utilities are removed or relocated as may be
approved by the utility owner thereof.
SECTION 5. The City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by him under the seal of the City, to be recorded in the Office of the
County Recorder of Riverside County. Upon recordation of this Resolution, the portions
of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz
Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road
between Calle Encilia and Calle El Segundo, as described and shown on Exhibits "A"
and "B", shall be deemed vacated and closed to future public use.
SECTION 6. The City Council hereby determines that the action undertaken by
this Resolution vacating and abandoning all of the City's right, title and interest in the
portions of the public right-of-way dedicated for Calle Encilia between Amado Road and
Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas
Road between Calle Encilia and Calle El Segundo, as described and shown on Exhibits
"A" and "B", was previously evaluated by the City Council pursuant to the CEQA
Guidelines by an environmental assessment and Mitigated Negative Declaration
approved and certified by Resolution No. 18461 adopted on September 7, 1994, and
that no further environmental review is required in accordance with Public Resources
Code § 21166; Cal. Code Regulations, Title 14, § 15162.
SECTION 7. The City Council hereby approves this action pursuant to the
commitment made by the Agua Caliente Band of Cahuilla Indians, as the underlying
land owner benefitting from the abandonment of the public rights-of-way for portions of
Calle Encilia and Andreas Road, whereby these streets will continue to remain open to
the public until no longer needed, with public access to the Post Office and the Hilton
Hotel maintained at all times, as evidenced by letter dated January 19, 2016, included
as Exhibit "C", attached hereto and made a part hereof.
Resolution No. 24027
Page 4
ADOPTED THIS 18T" DAY OF MAY, 2016.
DAVID H. READY, CITY ER
ATTEST:
44, AMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24027 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 18. 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.
S THOMPSON, CITY CLERK
ity of Palm Springs, California ' -
0glZ$`yGl4
EXHIBIT "A"
EXHIBIT "A"
R15-12
VACATION OF RIGHT OF WAY OVER PORTIONS OF CALLE ENCILIA IN BETWEEN
TAHQUITZ CANYON WAY AND AMADO ROAD AND ANDREAS ROAD IN BETWEEN
CALLE ENCILIA AND CALLE EL SEGUNDO, ALL BEING A PORTION OF THE
NORTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
SAN BERNARDINO BASE AND MERDIAN, COUNTY OF RIVERSIDE, LOCATED IN
THE CITY OF PALM SPRINGS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF ANDREAS ROAD AND CALLE ENCILIA OF
PARCEL MAP NO. 15314, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 86, PAGE
100 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE, SOUTH 00°04'O1" EAST, ALONG THE CENTERLINE OF CALLE ENCILIA OF
SAID PARCEL MAP A DISTANCE OF 597.70 FEET TO A POINT THAT IS PARALLEL
WITH AND OFFSET 60.00 FEET NORTH OF THE CENTERLINE OF TAHQUITZ
CANYON WAY OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT OF WAY OF SAID TAHQUITZ CANYON WAY;
THENCE, SOUTH 89°5859" WEST, ALONG SAID NORTHERLY RIGHT OF WAY A
DISTANCE OF 60.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS
NORTH 00001'O1" WEST;
THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90003'00", A DISTANCE OF 31.43 FEET TO A POINT THAT IS PARALLEL WITH
AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE
ENCILLIA;
THENCE, NORTH 00°04'01" WEST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 577.87 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE
CENTERLINE OF ANDREAS ROAD OF SAID PARCEL MAP;
THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 40.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00
FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO
BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS ROAD;
THENCE, SOUTH 89°44'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A
DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 25.00
FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO
BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA;
SHEET 1 OF 3
EXHIBIT"A"
R15-12
THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 133.59 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE
WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA;
THENCE, NORTH 89°44'57" WEST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00
FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO
BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA;
THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 436.36 FEET TO A POINT ON A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 20 FEET;
THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 89040'39", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH
AND OFFSET 55.00 FEET SOUTH OF THE CENTERLINE OF AMADO ROAD OF SAID
PARCEL MAP, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF
AMADO ROAD;
THENCE, SOUTH 89°45'04" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY A
DISTANCE OF 118.70 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS
SOUTH 03028'37" EAST;
THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 86035'48", A DISTANCE OF 30.23 FEET TO A POINT THAT IS PARALLEL WITH
AND OFFSET 40.00 FEET EAST OF THE CENTERLINE OF SAID CALLE ENCILLIA,
SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY OF SAID CALLE
ENCILLIA;
THENCE, SOUTH 00°04'25" EAST, ALONG SAID EASTERLY RIGHT OF WAY A
DISTANCE OF 549.88 FEET TO A POINT ON A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20 FEET;
THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89040'32", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND
OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID
POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS
ROAD;
THENCE, SOUTH 89°44'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A
DISTANCE OF 458.30 FEET TO A POINT ON A TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 20 FEET;
SHEET 2 OF 3
EXHIBIT"A"
R15-12
THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90019'38", A DISTANCE OF 31.53 FEET TO A POINT THAT IS PARALLEL WITH
AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF CALLE EL SEGUNDO OF
SAID PARCEL MAP, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY
SAID CALLE EL SEGUNDO;
THENCE, SOUTH 00°04'35" EAST, ALONG SAID WESTERLY RIGHT OF WAY A
DISTANCE OF 60.12 FEET TO A POINT ON THE CENTERLINE OF SAID ANDREAS
ROAD;
THENCE, NORTH 89°44'57" WEST, ALONG SAID CENTERLINE A DISTANCE OF 538.28
FEET TO THE POINT OF BEGINNING;
SAID AREA CONTAINS 92,655 SQUARE FEET OR 2.12 ACRES, MORE OR LESS.
ARMANDO M.
J MAGANA
* No.8232 *,
\(p Exp.12-31-17 I
9TFDF CO� Li -4-7 l � b
SHEET 3 OF 3
EXHIBIT " B "
EXHIBIT "B1 "
1 _ AMADO ROAD R15-12
�z — LINE TABLE
T _ a03'26'37"E(R) LINE BEARING LENGTH
D3 C2 C3 — — — 4D' �— L1 (N89-58'59"E) 60.02'
40' 69 L2 (N89'45'04"W) 118.70'
40' 70 ! L3 (NOO-04'35"W) 60,12'
71 �>c,% p0 I O
3 r' cl" �o L4 [NOO'04'25"W] 40-OD'
3 y�l\ I� 15 (N89'44'57"W) 15.00'
_,00 N I W L6 [NOO'04'25"W] 133.59'
o / prn D4
Oo I IJ
Q ' b' CURVE TABLE
1B D1 67 68 J CURVE RADIUSI DELTA ILENGTH
\[ r`f(j`�I-1�j0 IQ C1 20.00' 90*03'00" 31.43'
L5 2g' P��)1 U C2 20.00' B9'40'39" 31.30'
V1 LS J C4 D1 (N69'44'S7"W) 04 (C5) C3 20.00' B6'35'4B" 30.23'
458 30' \ C4 20.00' B9'40'32 31.30'
-�' J (C5) 20.00' 90-19-38"I 31.53'
(N89'44'57"W) 53B.28'
p,O,B. SURVEYOR NOTES:
D2 40'
( ) INDICATES RECORD DATA PER PM 86/100
4A 5A 6A [ ] INDICATES RECORD DATA PER PM 20/59
O D1 INDICATES RIGHT OF WAY DEDICATION.
n I
^ RECORDED 11/3/75 AS INS. NO. 136182
TO THE CITY OF PALM SPRINGS.
3 r,G� D2 INDICATES RIGHT OF WAY DEDICATION PER
—o ro o rZ r I\ R/W INDEX NO 375 FILE NO. 222 RECD
3 j o 'er o l �� 9/20/62.
j o D3 INDICATES RIGHT OF WAY DEDICATION PER
oj 13 Y 12 11 R/W INDEX NO 375 FILE NO 438 RECD
o j 40' 1/26/70.
Z D4 INDICATES RIGHT OF WAY DEDICATION.
C1 i RECORDED 10/31/78 AS INS. NO. 229764
TO THE CITY OF PALM SPRINGS.
o L1 V1 INDICATES RIGHT OF WAY VACATION ON
_ _TAHOUITZ CANYON WAY ANDREAS ROAD BETWEEN INDIAN CANYON
DRIVE AND CALLE ENCILIA PER INS. NO.
\,PM 30 G U 485832 RECD 12/27/96
O(u= ARMANDO MAGANA O AREA TO BE VACATED. RESERVING AND EXCEPTING A PUBLIC
.� ;U � UTILITY EASEMENT TO OPERATE AND MAINTAIN WATER MAINS
* No.8232 * AND SEWER MAINS, AND VARIOUS PUBLIC UTILITIES.
1p Exp.12-31.17 nQ
1" = 200' FOpCA��FO
Engineering,Planning, In The City Of Palm Springs, CA
® � Environmental sciences and VACATION OF RIGHT OF WAY
Management Services OVER PORTIONS OF
40004 Cook St,Suite,4 Palm Desert,CA,92211 Tel.(760)341-666D Fax(760)346.6118 CALLE ENCILIA AND ANDREAS ROAD
EXHIBIT 11132"
R15-12
SEXIST S.D. AMADO ROAD EXIST, SWR II
� XIST. SIN T WTR�
-t -.-2 EXIST. C&G J�
� � � � � .�G` (•1 � 4 Cl O'er
i
EXIST CASINO PKNG. LOT -
a
�X -
w EXIST. sw
,I I' j —EXIST C&G
I4.0 Q
ww
11.3 W .-.J J - .�� a
11 Q -�7.3' o ICI
Zit
EXIST. SW c�
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x -EXIST. C&G (!J
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1 B U x I� 6 7 �,� j
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e3- EXIST. CASINO BUILDING
:� O , : �
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r EXIST. SW
�i EXIST G&G It
EXIST. •- ,-«- - p<L� 'L_. E III 5
PH
---EXIST. GAS ANDREAS ROAD /—EXIST.WTR
,EXIST TV \�—EXIST SWR EXIST ELECT.
�� XIS ET..SIN EXIST. PKNG OT
EE c&S E X H I B I T B3 11
Engineering,Planning, In The City Of Palm Springs, CA
® K Environmental Sciences and VACATION OF RIGHT OF WAY
Management Services OVER PORTIONS OF
40004 Cook St.Suite.4 Palm DesK CA,92211 Tel,(760)341-6660 Fax(760)346-6118 CALLE ENCILIA AND ANDREAS ROAD
EXHIBIT 11133"
R15-12
S E E E X H I B I T "B2"
-- —ExIsT cns ANDREAS ROAD EXIST. WTR
- -
EXI
--
WTRT EXIST, TV SEXIST. SWR EXIST. ELECT. o
f`, �EXIST. SW EXIST, fKNG. LOT
u EXIST. C&G
w
J
W
H I
w I 5A 6A
4A �. 40;
p
W
Q
o J EXIST. HILTON I BUILDING
x CJ
W
Z_ w O
J 6
M ' X J Q Y
X
W N U x
Q W
13 W x 12 11
W -
4C
EXIST. S.D.
o
TAHQUITZ CANYON WAY
- - - - - - - - - -
1" = iDo'
Engineering,Planning, In The City Of Palm Spnngs, CA
uE K Environmental sciences and VACATION OF RIGHT OF WAY
Management Services OVER PORTIONS OF
40004 Cook St.Suite,4 Palm Desert,CA.92211 Tel.(760)341.6660 Fax(760)346-6118 CALLE ENCILIA AND ANDREAS ROAD
EXHIBIT " C "
AGUA CALIENTE BAND O� CAHUILLA INDIAN5
TRIBAL PLANNING & DEVELOPMENT '
d
,e
January 19, 2016
Marcus Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
RE: Calle Encilia and Andreas Road Right-of-Way Easement Vacations
Dear Mr. Fuller:
Thank you for meeting with Tribal Staff on November 30, 2015, to discuss the Right-of-
Way/Easement Vacation Application submitted by the Tribe on November 5, 2015. As
we discussed during the meeting, there are no plans to immediately close Calle Encilia
and Andreas Road, and these streets will continue to remain open to the public until no
longer needed. As a result, public access to the Post Office and the Hilton Hotel will be
maintained at all times.
Please let me know if you have any questions.
Sincerely,
��-
Margaret E. Park, AICP
Director of Planning & Natural Resources
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
MEP/dm
C: Tribal Council
Tom Davis, Chief Planning & Development Officer
Flinn Fagg, Director of Planning Services, City of Palm Springs
S401 DINAH SHORE DRIVE, PALM SPRINGS , CA 92264
T 760/69916600 F 7601699/6823 WWW.AG UACA LI E NTE-NSN,GOV