Loading...
HomeMy WebLinkAbout2006-04-19 STAFF REPORTS 1B Jay Thompson P1,1. From: Jay Thompson v{' „ { ^ "jd L;: I,j 1 Jll r•,s ie b Sent: Tuesday,April 18, 2006 3:59 PM To: Jay Thompson tITY CLE,,l( Subject: FW: Nexus Development Case 5.1082 From: Philip Allen [mailto:philipwallen@dc.rr.com] Sent: Monday, April 17, 2006 9:11 PM To: CraigE@ci.palm-springs.ca.us Cc: ginnyf@ci.palm-springs.ca.us; rono@ci.palm-springs.ca.us Subject: Nexus Development Case 5.1082 Mr. Ewing: I was surprised to learn late today that the Nexus Development Case 5.1082 at Caballeros and E.Alejo is on City Council's meeting agenda for this Wednesday. As a resident of Alejo Vista across Caballeros, I have never received any required notice of this proposed development. I have checked with most all neighbors and find that none of them have received any notice. I am somewhat familiar with the project as our association was asked whether we would accept artwork on our property as part of the plan. At this time I know nothing has been agreed to with Nexus or the City as to ownership and perpetual care of any artwork. This fact is only brushed by in the staff report linked to the agenda item despite the fact our Board President wrote to Mr. Robertson expressing the Board's opposition to the elimination of the median in Caballeros. This needs to be further addressed as part of any approval by Council. I would suggest you review this with your staff to assure this case has been properly administered before it is presented to Council. Philip W Allen 932 Alejo Vista Palm Springs, CA 92262 4/18/2006 Page 1 of 1 Cindy Berardi From: Ann Japenga Oapenga@worldnet.att.net] Sent: Tuesday, April 18, 2006 3:29 PM To: cindyb@ci.palm-springs.ca.us Subject: Nexus development Cynthia, Thanks for your help today. I'm attaching the letter I sent on March 3rd regarding the Nexus development at Aledo and Caballeros. Our concerns about the existing traffic overload at this intersection are not reflected in the staff report and documents I reviewed today. We all drive through this corner and it could be any of us that is hurt next, when 84 new condos add to the existing traffic hazard on this corner. Please make sure this is brought to the attention of the City Council. Thank you! Ann r, O C', r i 4, ry r ; 4/18/2006 March 3, 2006 To: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 From: Ann Japenga and Christy Porter 521. N. Ave. Caballeros, Palm Springs, CA 92262 Re: Case: 5.1082-PD 321, TTM 34165 Nexus Development proposed for Avenida Caballeros and Alejo Road Traffic Hazard at Caballeros and Alejo We own a home at 521 N. Avenida Caballeros, one of the closest residences to the proposed development. There is a serious existing traffic overload hazard at the four-way stop at Alejo and Caballeros. We have witnessed many accidents and near-accidents at this overloaded corner and hear screeching brakes at intervals throughout the day. The Caballeros route is now heavily used by huge delivery trucks and also by ambulances and fire engines on route to Desert Hospital. On January 19, 2006, 1 spoke to Cynthia Nelson, VP of Government Relations at Nexus Development, about traffic concerns on this corner. She said she was unaware of any traffic control problems at Alejo and Caballeros and further said she had been told by the city there were no traffic concerns affecting the proposed development at this location. By adding 84 multiple family dwellings to this corner, with the attendant load of several hundred extra vehicles, you will be multiplying the existing traffic hazard at this overloaded corner. Ideally, a traffic light will be installed at this corner and efforts will be made to divert commercial traffic off of Caballeros to multi-lane alternatives such as Sunrise or Farrell. If you approve this proiect without addressing the traffic hazard at the corner of Caballeros and Aleio, the city will be neglecting public safety. Page 1 of 2 Cindy Berardi From: David Simpson [cdrs@dc.rr.com] Sent: Tuesday, April 18, 2006 12:04 AM To: RonO@ci.palm-springs.ca.us; ginnyf@ci.pal m-springs.ca.us; michaelm@ci.palm-springs.ca.us, chrisrrr�ci.palm- springs.ca.us; stevep@ci.pal m-springs.ca.us; CityManager@ci.palm-springs.ca.us; CityClerk '.'', springs.ca.us; PublicWorks@ci.palm-springs.ca.us - `3 Cc: alejovista@dc.rr.com; John Hunter& Philip Hahn; Derron Collins; Mike Massie Subject: Nexus Development-Avenida Caballeros/Alejo Road - Case 5.1082 Monday 17 April, 2006 4' tF, I am a resident and house owner in the Alejo Vista development, Alejo Road/Avenida Caballeros, ie within 500 feet of the proposed Nexus Development case 5.1082. 1 have only tonight had the opportunity to read the council documents scheduled to be subject of a public hearing on Wednesday 19 April, 2006. 1) Despite the certificate by the City Clerk, I have not received any notice of public hearing scheduled for this coming Wednesday. As I understand it from our site manager it seems that neither has anybody else in this development, thus rendering The Clerk's assertion questionable and the public hearing potentially invalid. It is also my understanding that Dennis Freeman, developer of this site and also of the Palomino development on Avda Caballeros (within 500 feet of the proposed development) has not received the specified notice. 2) Unless I have misunderstood something previously, we (as part of our acquisition costs) have paid for construction of the median in Avenida Caballeros via DL Freeman that being a City requirement as part of this development. 3) If a median was deemed essential less than 18 months ago, why is it now possible to replace it with painted stripe lines and what reimbursement will the city or the developer make for this unnecessary cost placed upon us so recently. 4) 1 would like to know the criteria used by the City Engineer in evaluating the added traffic risks at this busy junction, stated in terms of potential ingress/egress traffic from Avenida Caballeros into the proposed complex. Has the City Police Traffic Dept been asked to comment on any increased potential for road accidents. Why should not the access be from Alejo Road and the exit be northbound on Avda Caballeros or vice versa? How will this additional traffic impact vehicles exiting our complex from our Avda Caballeros gate? As our right turn into Avda Caballeros will be less protected from overtaking traffic racing away southbound from the junction of Alejo Road and Avda Caballeros there may be potential hazards involved. 5) 1 am furthermore concerned about the ownership and perpetual care of any (not yet fully specified) "artwork"that may be placed on our private property. I am trying to re-arrange my diary to be able to be present at the public hearing but will be prepared to contest the validity thereof in view of the apparent lack of notice, but should the hearing proceed you may find it useful for staff to have answers to the above questions. respectfully, David Simpson II 942 Alejo Vista 0 4/18/2006 ALM Sp4 �Z U N � t 'y y ♦ Cotia�yY¢o`q�e C.14 OVO4 CITY COUNCIL STAFF REPORT DATE: April 19, 2006 PUBLIC HEARING ;>UBJECT: NEXUS DEVELOPMENT — CASE NO. 5.1082 PLANNED DEVELOPMENT DISTRICT 321 AND TENTATIVE TRACT MAP NO. 34165 FOR A PROJECT CONSISTING OF 84 MULTIPLE-FAMILY DWELLING UNITS WITH PRIVATE STREETS LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD (444 AVENIDA CABALLEROS AND 1013 ALEJO ROAD) FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed 8.5-acre project consisting of 84 condominium town home units fronting onto internal loop streets, with individual private yard areas, common areas that include access, guest parking, and a community swimming pool, along with the environmental assessment and Negative Declaration for the project. The project includes a Planned Development District to establish design standards and guidelines, and a Tentative Tract Map to subdivide the site for condominium purposes. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1082, PLANNED DEVELOPMENT DISTRICT 321 AND TENTATIVE TRACT MAP 34165 FOR NEXUS DEVELOPMENT, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 84 RESIDENTIAL UNITS AND COMMON AREAS, ON AN 8.5-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, SECTION 14, T4S, R4E, SBBM." Item No. 1 . B . I City Council Staff Report April 19,2006 -- Page 2 5.1082 PD-321,TTM 34165 I 3. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 321, FOR THE 8.5-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, SECTION 14, T4S, R4E, SBBM." PRIOR ACTIONS: On March 8, 2006, the project was reviewed by the Planning Commission which adopted a favorable recommendation to City Council (by a vote of 6-0-1, Commissioner Shoenberger absent). Based on Planning Commission discussion, the Public Works Department revised Engineering Conditions 19-22 and 24 to allow alternatives to curbs, to allow accessible paths of travel rather than on--site sidewalks, and to allow decorative pavement. Condition 23, requiring accessible curb cuts, was deleted since on-site curbs are no longer required. The attached Conditions of Approval reflect these Changes, with renumbered Conditions 24 and following. The Conditions also reflect a compromise design of access to Avenida Caballeros based on discussions with adjacent residents. STAFF ANALYSIS: The project consists of a Planned Development District (PDD) to establish design :standards and guidelines for a proposed 84-unit condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow subdivision of the site for condominium purposes. The proposed project would be located on a site that currently contains the La Mancha Villas and Spa Resort that was developed in 1988-1990 with 50 condominium style villas with tennis courts, swimming pools, a restaurant, and a maintenance facility (occupying a former house). Existing development on-site is currently vacant, in a state of disrepair, and will be removed. The site is within the Section 14 Specific Plan area with standards that augment underlying R-G-A zone standards. Relief from several standards is being sought through the PDD mechanism to allow variation in standards relating to zoning density ((but maintaining conformity with General Plan density), allowance of two-story buildings within 200 feet of single-family residential zones across Alejo Road, building separations of ten feet, and site layout. A more detailed analysis can be seen in the attached Planning Commission Staff Report dated March 8, 2006. Findings in support of approving the proposed subdivision are included in the attached draft resolution of approval. Pursuant to the California Environmental Quality Act, an Initial Study was conducted for the proposed project. That study concluded that with the incorporation of proposed mitigation measures, any potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and that a Mitigated Negative �r„� r 77 , i City Council Staff Report April 19,2006 -- Page 3 5.1082 PD-321,TM 34165 ! Declaration can be adopted for the project. The mitigation measures are included in the conditions of approval attached as Exhibit A to the draft resolution of approval. FISCAL IMPACT: IFinance Director Review: No fiscal impact. �J SEw' g, AICP Thomas Wil n, Assistant City Manager Direct Plannin S rvlces _z David H. Ready, City Magage6 Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Development Plans 4. Planning Commission Minutes dated 3/08/06 5. Planning Commission Staff report 3/08/06 6. Copy of Initial Study and Mitigated Negative Declaration -� Department of Planning Services NL Vicinity Map wvw E u 9� u �] L 11 l I J I I I I I I I I 1 I GRAN VIA VALMONTE __P w 0 Z VIA COLUSA 0 d J J_ CY ALEJO R❑ HIM ED HIM EB w J J em e d w Legend ® site 500'Radius AMAD4 RD CITY OF PALM SPRINGS CASE NO: 5.1082 PD 321 DESCRIPTION: Application by Nexus Development for a TTM 34165 proposed Planned Development District 321 and Tentative Tract Map 34165 for a planned residential project.consisting APPLICANT: Nexus Development of 84 multiple-family dwelling units located at the southeast O & M La Mancha, LLC corner of Avenida Caballeros and Alejo Road, Zone MBR & HR, Section 14. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1082, PLANNED DEVELOPMENT DISTRICT 321 AND TENTATIVE TRACT MAP 34165 FOR NEXUS DEVELOPMENT, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 84 RESIDENTIAL UNITS AND COMMON AREAS, ON AN 8.5-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, SECTION 14, T4S, R4E, SBBM. WHEREAS, Nexus Development (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 321; and WHEREAS, Nexus Development (the "Applicant') has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Nlap 34165; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1082, consisting of Planned Development District 321, Tentative Tract Map 34165, and project architectural approval was given in accordance with applicable law; and WHEREAS, on March 8, 2006, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5.1082 consisting of Planned Development District 321, Tentative Tract Map 34165, and project architectural design; and Resolution No. i Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1082, consisting of Planned Development District 321, Tentative Tract Map 34165, and project architectural approval was given in accordance with applicable law; and WHEREAS, on April 19, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Councils independent judgment and analysis. Section 2: Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the M-8 Medium-Density Residential and H-43/30 High-Density Residential General Plan designations which govern the subject property. General Plan Objective 3.6a is to provide for the development of between six and eight dwelling units per acre for the M-8 designation. The proposed density within the M-8 designation is approximately 7.1 dwelling units per acre. General Plan Objective 3.8 is to provide for the development of up to 30 dwelling units per acre for the M-43/30 designation. The proposed density within the M-43/30 designation is approximately 12.2 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. Resolution No. Page 3 General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project is also consistent with General Plan Policies 3.8.1.a-e in that minimum open space requirements are met, common areas face ground floors, the open space areas are easily accessible, the design provides visual character, and the location of second floors are removed from adjacent single-story residences. The proposed project is consistent with the Section 14 Specific Plan in that it proposes a residential use in a location determined to be preferred for such a use. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Adequate access is proposed with a main access on Avenida Caballeros, and a secondary emergency access on Alejo Road. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed establishment of the proposed planned development district is necessary to provide a design concept that blends features from the existing deteriorated project with features from older and newer adjacent projects. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, and because it continues a residential pattern of development in an area adjacent to other residential uses. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed planned development is consistent with the goals and objectives of the M-8 Medium-Density Residential and H-43/30 High-Density Residential General Plan designations which govern the subject property. General Plan Objective 3.6a is to provide for the development of between six and eight dwelling units per acre for the M-8 designation. The proposed density within the M-8 designation is approximately 7.1 dwelling units per acre. General Plan Objective 3.8 is to provide for the development of up to 30 dwelling units per acre for the M-43/30 designation. The proposed density within the M-43/30 designation is approximately 12.2 dwelling units per acre. Per Resolution No. ' Page 4 Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project is also consistent with General Plan Policies 3.8.1.a-e in that minimum open space requirements are met, common areas face ground floors, the open space areas are easily accessible, the design provides visual character, and the location of second floors are removed from adjacent single-story residences. The proposed project is consistent with the Section 14 Specific Plan in that it proposes a residential use in a location determined to be preferred for such a use. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are generally consistent with the Section 14 Specific Plan HR and MBR zones and the underlying R-G-A (8) zone in which the property is located. Development standards proposed as part of the planned development district provide flexibility in design details related to building arrangement, building height, and application of density. C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 8.5-acre development area of project site can accommodate 84 condominium units without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that with implementation of proposed mitigation measures, any environmental impacts regarding project construction effects on air quality, and noise will be reduced to a level that is less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. I Resolution No. Page 5 The design of the proposed subdivision includes the provision of public water and sewer systems, and an access system that provides an orderly system of internal driveways and motor courts. q. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number 5.1082 — PD-321, and Tentative Tract Map 34165, and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Case Number 5.1082, Planned Development District 321 and Tentative Tract Map 34165, subject to the Conditions of Approval attached hereto as Exhibit A, and as shown on the Tentative Tract Map 34165 and Development Plans attached to the City Council Staff Report dated April 19, 2006 and included herein by reference. ADOPTED THIS 19th day of April, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk i Resolution No. F'age 6 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 April 19, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL Case No. 5.1082 — PD-321, TTM 34165 (Nexus Development) APN: 508-060-008, 508-060-009, 508-060-031 Southeast corner of Avenida Caballeros and Alejo Road (444 Avenida Caballeros and 1013 Alejo Road) Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1082 Tentative Tract Map 34165. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. i Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 (Page 2 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland Fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 3 Environmental Assessment Jr. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: MM III-1 To the extent feasible, the project contractor shall use the following equipment and methods to reduce construction emissions: A. Measures to mitigate for off-road mobile source emissions (Table 11- 3 of SCABMD CEQA Handbook): 1. Methane-fueled pile drivers. 2. Use electricity from power poles rather than temporary diesel or gasoline power generators. 3. Use methanol or natural gas on-site mobile equipment instead of diesel. 4. Use propane or butane-powered on-site mobile equipment instead of gasoline. B. To mitigate for PMIO Emissions: 1. Grading a. Apply non-toxic soil stabilizers according to manufacturers' specification to all inactive construction areas (previously graded areas inactive for ten days or more). b. Replace ground cover in disturbed areas as quickly as possible. C. Enclose, cover, water twice daily or apply non-toxic soils binders according to manufacturers' specifications, to exposed piles (i.e., gravel, sand, dirt) with 5% or greater silt content. d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. f. Monitor for particulate emissions according to District- specified procedures. Contact the District for more information at (714) 396-3600. 2. Paved Roads a. Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). b. Install wheel washers where vehicles enter and exit Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 4 unpaved roads onto paved roads, or wash off trucks and equipment leaving the site each trip. 3. Unpaved Roads a. Apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces. b. Traffic speeds on all unpaved roads to be reduced to 15 mph or less. C. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles. d. Pave all construction access roads at least 100 feet on to the site from the main road. e. Pave construction roads that have a daily traffic volume of less than 50 vehicle trips. MM III-2 The following measures from the District's Rule 403, Table 1 Best Available Control Measures shall also be implemented. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source: A. Stabilize backfill material during handling and at completion of activity. B. Pre-water soils prior to cut and fill activities. C. Stabilize wind erodible surfaces to reduce dust. D. Stabilize surface soils where support equipment and vehicles will operate. E. Stabilize disturbed soils throughout the construction site. F. Pre-apply water and re-apply water as necessary to maintain soils during earth-moving activities. Visible emissions shall not exceed 100 feet in any direction. G. Maintain at least six feet of freeboard on haul vehicles. H. Stabilize stockpiled soils. I. Limit vehicular travel to establish unpaved roads (haul routes) and unpaved parking lots. il�i^� rn Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 5 The above measures shall be implemented during all grading and construction phases of the project and enforced/monitored by the City of Palm Springs and the SCAQMD. Implementation of these mitigation measures would reduce construction-related emissions in accordance with the reduction efficiencies shown in Tables 11-3 and 11-4 of the SCAQMD CEQA Handbook. These measures are considered adequate by the District to reduce emissions to less than significant. MM V-1 As there are always a possibility of buried cultural and paleontological resources in a project area, a Native American Monitor(s) shall be present during all round disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a qualified archaeologist to investigate the find. If necessary, the qualified archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Qfficer and Agua Caliente Cultural Resource Coordinator for approval. If human remains are discovered they shall be handled consistent with the state law provisions. To comply with the City 65 dBA CNEL exterior and 45 dBA CNEL interior noise level standards, the following mitigation measures outlined in the noise study (Endo Engineering, 2005) are required: MM XI-1 During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. MM XI-2 Construction activities on-site should take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. i Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 6 MM XI-5 Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes. MM XI-7 Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. MM XI-8 Stationary equipment should be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-9 The residential uses proposed adjacent to Avenida Caballeros and Alejo Road shall include a 6.0 foot perimeter wall, or shall be evaluated by a qualified noise consultant at more detailed levels of planning to ensure that adequate noise attenuation measures are incorporated in the project design to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas) and the California Noise Insulation Standards. The applicant shall demonstrate to the satisfaction of the City that the required shielding shall be incorporated in the project design, prior to the issuance of building permits. MM XI-10 All internal combustion-powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. To comply with City ordinance and policy requirements, the following mitigation measures outlined in the project traffic study (Endo Engineering, 2005) are required. MM XV-1 The project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of the master planned roadways (Alejo Road and Avenida Caballeros) adjacent to the project site. This shall include the right-of-way dedication is the property line corner cutback dedication required at the northwest corner of the site to accommodate a curb ramp. MM XV-2 The master planned roadways (Alejo Road and Avenida Caballeros) shall be improved adjacent to the site, to the design standards identified in the Section 14 Specific Plan, as required by the City of Palm Springs. MM XV-3 The project proponent will comply with the Section 14 Specific Plan requirements regarding the master planned bikeways adjacent to the site along Avenida Caballeros. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 7 MM XV-4 Sufficient off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. MM XV-5 The project proponent shall contribute traffic impact mitigation fees, by participating in the Traffic Uniform Mitigation Fee (TUMF) program. The following mitigation measures are recommended to reduce potential circulation and/or site access impacts associated with the proposed project: MM XV-6 To insure compliance with City access and design standards, the final building and parking layout and site access design shall be subject to the review and approval of the City Traffic Engineer, as part of the development review process. MM XV-7 Clear unobstructed sight distance shall be provided at the unsignalized site driveway on Avenida Caballeros. MM XV-8 The project proponent shall be required to contribute 100 percent of the cost of the following circulation improvements in conjunction with the development of the proposed project: A. Avenida Caballeros — The Applicant shall modify or remove the raised median on Avenida Caballeros, south of Alejo Road, as required by the City Engineer. B. Avenida Caballeros - Since the site has 610 feet of frontage on Avenida Caballeros, the TWLTL may be extended beyond the site access, to function as a median refuge for motorists making westbound left turns out of the project site. C. Avenida Caballeros - The southern terminal treatment for introduction of the TWLTL shall be developed by simple northbound through-lane approach taper widening from the basic 2- or 4-lane cross section on Avenida Caballeros. This taper will cause all vehicles to transition laterally and shall be moderately long (approximately 150 feet long assuming 35 mph) to shift the northbound through lanes laterally 6 feet and provide a full shadowed 12-foot wide TWLTL. D. Avenida Caballeros - Construct a single westbound exit lane and a single entry lane at the site access. E. Avenida Caballeros - Install a STOP sign facing exiting site traffic. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 8 F. Avenida Caballeros - Construct a meandering 5-foot pedestrian/jogging path, a 10-foot meandering Class I bikeway within a 28-foot landscaped parkway along the east side of Avenida Caballeros, as specified in the Section 14 Master Development Plan/Specific Plan. G. Alejo Road - Construct a 6-foot Class II bikeway and a 6-foot meandering sidewalk within a 20-foot wide parkway on the south side of the Alejo Road adjacent to the project site, as specified in the Section 14 Master Development Plan/Specific Plan. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 9. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 9 12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 14. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 10 17. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 19. All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 27. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building Engineering Division Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. ii��1n Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 11 STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. AVENIDA CABALLEROS 3. Dedicate abutters rights of access to Avenida Caballeros along the entire frontage of the project, excluding the 70 feet wide access point for the Main Entry; vehicular access to Avenida Caballeros, other than from the Main Entry, shall be prohibited. 4. Remove the two existing driveway approaches and replace with 6 inch curb and gutter to match existing in accordance with City of Palm Springs Standard Drawing No. 200, 5. Remove existing curb, gutter and sidewalk as necessary to construct a 34 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 280 feet south of the north property line as shown on the approved site plan with a single ingress lane and egress lane. The widths of the ingress and egress lanes of the Main Entry shall be subject to the review and approval by the Fire Marshall. 6. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 7. Construct new sidewalk and bike path improvements to match existing sidewalk and bike path improvements along the project frontage. 8. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Avenida Caballeros and Alejo Road in accordance with City of Palm Springs Standard Drawing No. 212. 9. The Applicant shall modify or remove the raised median on Avenida Caballeros, south of Alejo Road, as required by the City Engineer. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 12 10. The applicant shall install public art at the southwest and southeast corners of the Avenida Caballeros and Alejo Road intersection. The public art shall be designed as a "Gateway" into Section 14, in accordance with requirements established by the Agua Caliente Band of Cahuilla Indians and the Palm Springs Public Arts Commission. Public art shall be designed in accordance with policies and procedures established by the Palm Springs Public Arts Commission, and shall be subject to approval by the Palm Springs Public Arts Commission prior to its construction and installation. Costs associated with the public art may be credited against any public art fees otherwise due. The applicant shall obtain an easement for the City of Palm Springs for installation and maintenance of the public art to be installed at the southwest corner of the Avenida Caballeros and Alejo Road intersection, if installed outside of existing right-of-way. The applicant shall dedicate an easement to the City of Palm Springs for installation and maintenance of the public art to be installed at the southeast corner of the Avenida Caballeros and Alejo Road intersection, if installed outside of existing right-of-way. 11. All broken or off grade street improvements shall be repaired or replaced. ALEJO ROAD 12. Dedicate abutters rights of access to Alejo Road along the entire frontage of the project, excluding the 60 feet wide access point for the emergency access; vehicular access to Alejo Road shall be prohibited 1 Remove the existing driveway approach and replace with 6 inch curb and gutter to match existing in accordance with City of Palm Springs Standard Drawing No. 200. 14. Remove the existing curb, gutter, and sidewalk as necessary to construct a 25 feet wide emergency access driveway approach located approximately 65 feet west of the east property line in accordance with City of Palm Springs Standard Drawing No. 201. Access shall be limited to emergency access only. 15. Construct new sidewalk and bike path improvements to match existing sidewalk and bike path improvements along the project frontage. 16. All broken or off grade street improvements shall be repaired or replaced. ON-SITE 17. Dedicate easements for public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 13 18. Nothing shall be constructed or planted in the corner cut-off area of any on-site intersection which does or will exceed the height required to maintain an appropriate sight distance in accordance with City of Palm Springs Zoning Code Section 93.02.00, D. 19. All on-site private streets shall be two-way with a minimum 24 feet wide travelway where no on-street parking is proposed. 20. All on-site private streets shall be two-way with a minimum 32 feet wide travelway where on-street parallel parking is proposed on one-side of the street. 21. All on-site streets shall be constructed with an inverted section with gutters to accept and convey on-site stormwater runoff, in accordance with applicable City Standards. 22. An accessible path of travel shall be constructed on-site meeting Building Code or other applicable standards. 23. All on-site streets shall be constructed with decorative concrete, or a minimum pavement section of 2Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 24. Parking shall be restricted along both sides of the 24 feet wide on-site private streets; and parking shall be restricted along one side of the 32 feet wide on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. SANITARY SEWER 25. Any existing on-site sewer improvements shall be removed as required by the City Engineer. 26. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 27. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 14 to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 28. The on-site private sewer system shall not connect to an existing sewer manhole within Avenida Caballeros. The on-site sewer system shall connect to the public sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 29. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 30. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 15 approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 32. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 33. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 34. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 35. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 36. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, Including mechanical or other means for pre-treating stormwater runoff, may be required by Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 16 regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 37. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. The developer may conduct stormwater runoff off-site to Avenida Caballeros, provided the increased stormwater runoff due to the development is conveyed directly to the existing storm drain system. 38. Construction of a new catch basin inlet and storm drain connector pipe to the Tachevah Dam Outlet Drain shall require review and approval by Riverside County Flood Control and Water Conservation District (RCFC). The applicant shall provide a copy of the encroachment permit issued from RCFC for the catch basin and storm drain connector pipe prior to issuance of an off-site street construction permit for Avenida Caballeros. 39. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 40. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the Tachevah Dam Outlet Drain, as allowed by the Riverside County Flood Control and Water Conservation District. 41. 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. GENERAL 42, 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 Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 17 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. 43. All proposed utility lines shall be installed underground. 44. 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 extending across Alejo Road and into the subject property approximately 100 feet meet the requirement to be installed underground. The overhead utilities shall be installed underground from the nearest off-site pole located north of Alejo Road. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 45. 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. 46. 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 drawing file) and DXF (AutoCAD ASCII drawing exchange file). 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. 47. 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 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 18 48. 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 49. 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 property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 50. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 51. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 52. As determined by the traffic study prepared by Endo Engineering dated October 12, 2005, (as revised December, 2005), the following mitigation measures shall be required: a. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the main entry on Avenida Caballeros in accordance with City of Palm Springs Standard Drawing Nos. 620-625. Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 19 b. Remove the existing raised landscaped median on Avenida Caballeros and install traffic striping to provide a 100 feet long northbound left-turn lane at Alejo Road with a 60 feet long bay taper, transitioning into a continuous center two-way left-turn lane extending south of the Main Entry. The continuous center two-way left-turn lane shall be transitioned to match existing traffic striping at the south property line. Submit traffic striping and signage plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 53. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Avenida Caballeros and Alejo Road frontages of the subject property. 54. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 55. Install a street name sign at the Main Entry on Avenida Caballeros in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 56. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 57. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm. Springs Municipal Code. l 1 Rio Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 20 Building Department 1. Prior to any construction on-site, all appropriate,permits must be secured. Fire Department 1. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Access for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. 2. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 3. Roads must be 40 feet wide when parking is not restricted. 4. Based on the median requirement that have been established by Engineering, fire department will require both left and right turn access on Avenida Caballeros into the main entrance . 2. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. CFC Appendix III-D 2.1 3. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 4. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the OPEN position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 5. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 21 grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 6. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 7. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC 8. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 9. Fire Flow: Fire flow for this project is estimated to be 1500 GPM. 10. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 11. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 12. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 1 Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, Knox Box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. END OF CONDITIONS Conditions of Approval Case No. 5.1082 Tentative Tract Map 34165 Page 22 HAUSERMPLAN15.'1082 PD-321 Nexus Dev.Delano Projec[%C 4.19.06\TrM 34165 COA- CC 4.19.06[2006-0405]doc v5—�'T1 A L E J O R O A D y s s° SECTION 14 SPECIFIC FI ZONING TACJLMN5 mrnm[veexaerunu ly��� i�� S 1� �, 1 uia oEtrmm•- F._: � � � � / ' BRu 71 HR —�-- us"D) urR.m.. I t w HR !- a 1 _ F RECEi\fFd_; Pianf113Y0 v.LOOInCJ A1.00 NE U D Iv o men} r orafi In CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES March 08, 2006 Council Chambers, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Present: Cohen, Hutcheson, Ringlein, Roath, Shoenberger, Vice Chair Hochanadel, and Chair Marantz. Absent: None. 1. PUBLIC COMMENTS: (Three minute time limit.) Chair Marantz opened the Public Comments portion of the meeting. Jade Nelson, Palm Springs, voiced his concern with Item 3 regarding high density for that area and traffic conditions. There being no further comments, Public Comments was closed. CONSENT AGENDA: Chair Marantz requested Items 213 and 2C be removed from the Consent Agenda for further discussion. Commissioner Roath requested Item 2D be removed from the Consent Agenda for further discussion. 2A. Approval of Minutes: February 22, 2006 M/S/C (Vice Chair Hochanadel/Roath, 7-0) To approve, minutes of February 22, 2006 2B. Resolution of Denial for Case 5.1011 PD 299 / TPM 32353, an application by Landau Development Company Inc. for a Planned Development District and a Tentative Parcel Map to subdivide approximately .091 acres into four-lot subdivision and the construction of four single-family residences located at 260 West Vista Chino, Zone R-3, Section 3. Chair Marantz commented she did not find any specific reasons for the denial of this project. Craig A. Ewing, Director of Planning Services, gave clarification regarding 1 the findings for the motion of denial. He suggested this would be the time for further clarification from the Commission to capture issues from the previous meeting. M/S/C (Vice Chair Hoch anadel/Ringlein, 7-0) To adopt, Resolution of Denial for Case 5.1011 PD 299 /TPM 32353. 2C. Resolution of Denial for Case 5.1019 PD 302 /TTM 32736, an application by Marshall Ininns Design Group, for a Planned Development District and a Tentative Tract Map to subdivide approximately 8.4 acres and construct 42 condominium units on the north side of 34th Avenue at Lawrence and Marguerite Streets, Zone W-R-G-A, Section 20. Discussion was made regarding the denial of this project. Vice Chair Hochanadel and Commissioner Hutcheson concurred a motion of denial was appropriate for this project. Craig A. Ewing reported this project would be forwarded to the City Council. M/S/C (Vice Chair Hochanadel/Ringlein, 7-0) To adopt, Resolution of Denial for Case 5.1019 PD 302 /TTM 32736. 2D. Case 3.2851 -SFR -An application by Marlow LaFountaine construct a 4,339 square foot single family residence located at 279 Camino Alturas, Zone R-1-13, Section 27. Assistant Planner, Michael Blumson, gave background information as outlined in the staff report dated March 8, 2006. Commissioner Roath commented on page 7, Conditions 4 and 7, require curbs, gutters and sidewalks when there an none in the surrounding neighborhood. Marcus Fuller, Assistant Director of Engineering, reported Engineering Condition 1 defers off-site improvements to covenant. M/S/C (Vice Chair Hochanadel/Ringlein, 7-0) To approve, subject to Conditions of Approval. PUBLIC HEARINGS: ' 3. Case 5.1082 PD 321 / TTM 34165 - An application by Nexus Development for a Planned Development District 321 and Tentative Tract Map 34165 for a planned residential project consisting of 84-unit h ( ,n� 2 . residential condominiums on approximately 8.6 acres located at the southeast corner of Avenida Caballeros and Alejo Road, Zone MBR & HR, Section 14. i� lf. Commissioner Shoenberger stated he has a business related conflict of interest on Item 3 and would not participate in the discussion and vote and � left the Council Chamber at 1:47 p.m. i( Principal Planner, Edward Robertson, provided background information as outlined in the staff report dated March 8, 2006. Discussion was made regarding the portion of the areas to be demolished and street width. )1 Commissioner Ringlein requested clarification on the front, rear and side yard set-backs. Edward Robertson indicated all the perimeter set-back requirements are met. Further discussion was made regarding the set- backs. p r Chair Marantz opened the Public Hearing. Mark Kirkhart, Principal of Design Architects, gave further information using the Power Point Presentation. �! There being no further comments, the Public Hearing was closed. Further discussion was made regarding the density of the project and privacy between the courtyards. r Marcus Fuller, Assistant Director of Engineering, reported that the project is conditioned to include sidewalks on both sides of the street with handicap ramps on each intersection. He indicated that there are safety issues to consider when vehicular and pedestrian areas are merged. Craig A. Ewing recommended that the Commission consider an amendment instead of elimination of Engineering Condition 13 to allow the applicant to work with the City Engineer on an alternate option for the sidewalks and curbs. M/S/C (Roath/Cohen, 6-0, 1 absent/Shoenberger) To recommend adoption of the Mitigated Negative Delcaration to City Council; and approval of Case 5.1082 PD 321 /TTM 34165, subject to Conditions of Approval as amended, 'To allow the applicant to work with the City Engineer on an, alternate solution for the sidewalks and curbs. Commissioner Shoenberger entered the Council Chamber at 2:40 p.m. ARCHITECTURAL REVIEW: 4. SP 06-011 -An application by Riofine Neon for a permanent main sign for Dale's Lost Highway located at 125 East Tahquitz Canyon Way, Zone CBD, Section 15. Assistant Planner, Michael Blumson, gave background information as outlined in the staff report dated March 8, 2006. Discussion was made regarding the location of the sign. Fine' Score, Riofine Sign Company, gave additional information and was available for questions from the Commssion. M/S/C (Vice Chair Hochanadel/Cohen, 7-0) To approve, subject to Conditions of Approval. MISCELLANEOUS: 5. Case 5.1100 -SNC - An application by the Desert Highland/Gateway Community Action Association to change the name of Las Vegas Road to Rosa Parks Road. Assistant Planner, Michael Blumson, gave background information as outlined in the staff report dated March 8, 2006. Seima Moloi, President of Desert Highland/Gateway Community Action Association, requested consideration for the street name change and approval of the resolution. M/S/C (Cohen/Ringlein, 7-0) To adopt the resolution and recommend approval to City Council. 6. DISCUSSION: Order of Business Craig A. Ewing stated at the previous meeting the Commission had questions regarding order of priorites for motions and receiving public testimony. Discussion was made regarding the City Council's Rules of Procedure Handbook. The Commission was in agreement to bring back this item as a Consent Item. 7. COMMISSION WORK PROGRAM: * *General Plan Update * *Work Program Priorities and Subcommittee Assignments 4 Craig A. Ewing gave an update of the City Council's direction from the February 22nd Study Session for the Draft Land Use Plan. 8. CITY COUNCIL ACTIONS: Update. 9. COMMISSION/STAFF REPORTS AND REQUESTS - Craig A. Ewing reported the preliminary application for Wessman's Museum Market Plaza project has been received and the maps have been posted on the window adjacent to the Development Services entrance. Craig A. Ewing stated five new requests have been received for the "Focus Entitlement" process. He further added that City Council has directed staff to prepare an ordinance for Chino Cone. Discussion was made regarding code enforcement related issues. Craig A. Ewing gave an update on Commission requests and upcoming Study Sessions. The Commission discussed the Architectural Advisory Committee's struggle with narrow lots and set-back issues. Discussion was made regarding single family residences. 10. ADJOURNMENT: There being no further business, Chair Marantz declared the meeting adjourned at 3:33 p.m. 6—riaig EWing�A1 P Direc or of Planni g Services 4 5 4�QALM Spy �2 V N R �Cpq F AEO oq<rFORN�P Planning Commission Staff Report Date: March 8, 2006 Case No.: 5.1082 — PD-321, TTM 34165 Application Type: Preliminary Planned Development District, Tentative Tract Map, and Architectural Approval Location: Southeast corner of Avenida Caballeros & Alejo Rd. (444 Avenida Caballeros & 1013 Alejo Road) Applicant: Nexus Development Zone: South portion: FIR (High Density Residential), and North portion: MBR (Medium Density Res] Buffer), both pursuant to the Section 14 Specific Plan, with underlying R-G-A (8) zoning General Plan: So. portion: H43/30 High Density Res'I (43 DU/Ac) No. portion: M8 Medium Density Res'I (8 DU/Ac) APNs: 508-060-008, 508-060-009, 508-060-031 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward O. Robertson, Principal Planner PROJECT DESCRIPTION The project consists of a Planned Development District (PDD) to establish design standards and guidelines for a proposed 84-unit residential condominium complex. In conjunction with the PD, a Tentative Tract Map has been filed to allow subdivision of the site for condominium purposes, and Architectural Approval is also requested. The site would be accessed from Avenida Caballeros. V-1,�)" Planning Commission Staff Report 3/08/06 Case,5.1082—PD-321 &17M 34165 Page 2 of 14 The proposed project would be located on approximately 8.5-acre site that currently contains an unused resort complex and single-family residence. Existing structures would be demolished. Proposed structures consist of detached and attached, two-story structures lining internal streets and motor-courts. Swimming pools and/or spas are proposed for most units, and a community recreation building and swimming pool is proposed. RECOMMENDATION 1. Recommend that the City Council approve the proposed application by Nexus Development to develop an 84-unit residential condominium project on approximately 8.5 acres according to Planned Development District standards by: • Considering and adopting a Mitigated Negative Declaration for Case 5.1082 PD-321 and TTM 34165; • Adopting Planned Development District 321; and • Conditionally approving Tentative Tract Map 34165 to re-subdivide approximately 8.5 acres into a residential condominium development with common areas for access, parking, landscape areas, and a community recreation facility; 2. Approve the architectural design and landscaping for Case No. 5.1082. PRIOR ACTIONS At its meeting of January 9, 2006, the Architectural Advisory Committee (AAC) reviewed the project and recommended approval of the proposed development to the Planning Commission with recommendations to the site plan design. The applicant provided two sets of site plans, one with sidewalks within the internal circulation and one without. The AAC recommended approval for the site plan without sidewalks within the internal private streets. Further discussion of this issue is contained below. BACKGROUND AND SETTING Between 1988 and 1990 the project site was developed with the La Mancha Villas and Spa Resort. The resort was developed with 50 condominium style villas with amenities, including tennis courts, swimming pools, and restaurant. A maintenance facility is also located on-site (occupying the former house that was built in the 1950s), and a bomb shelter is located adjacent to this building. Existing development on-site is currently vacant, in a state of disrepair, and will be removed. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 3 of 14 The project site is at the southeast corner of Alejo Road and Avenida Caballeros. To the northwest, north, and northeast, across Alejo Road, is a single-family residential neighborhood in which residences front onto both Avenida Caballeros and Alejo Road. To the east, on the south side of Alejo Road, is a single-story, multiple-family residential project with carports located on the east side of Greenhouse Way. The project site is on the west side of Greenhouse Way, but does not have access. To the south, on the east side of Avenida Caballeros, is a new, motorcourt-type development with fifteen, siingle-story residences. To the southwest, across Avenida Caballeros, is an existing single-story multiple-family residential project. To the west, across Avenida Caballeros, is 24-unit residential project, for which construction is beginning. Further to the north, at the southwest corner of Avenida Caballeros and Alejo Road, is an existing two-story multiple-family residential project. The project site is bisected by General Plan designation and Section 14 Specific Plan zone boundaries along an east-west axis that is located approximately 300 feet south of Alejo Road. The Plan and zone designation is for denser development on the south portion, and buffering in the form of less dense development on the north portion. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Single-Family Res'I L4 R-1-C East Condominiums M8 Medium Residential and §14 SP: MBR_& HR H43/30 High Residential South Motorcourt Res'I H43/30 High Residential §14 SP: HR West Condominiums M8 Medium Residential and §14 SP: MBR & HR H43/30 High Residential ANALYSIS Two "zones" break the site, a medium density buffer on the northern portion and a high- density multi-family area on the southern portion. The General Plan designation of the south portion of the site is H43/30, (High Density Residential with a maximum density of 30 units per acre), and the zoning designation is HR, (High Density Residential Zone). The General Plan designation of the northern portion of the site is M-8, (Medium Density Residential, which allows up to 8 dwelling unit per acre). The zoning designation is MBR, (Medium Density Residential Buffer). The Section 14 Specific Plan designates the site R-G-A (8), which allows Garden apartments and cluster residential development. The project is proposed at a density of approximately 7.1 units per acre within the MBR zone, and approximately 12.2 units per acre within the HR zone. The proposed project does meet the General Plan densities: as proposed, at about seven and twelve dwelling units per acre, the project is less than the maximums provided by the respective General Plan designations. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 4 of 14 Pursuant to Section 94,03.00 (A) of the Zoning Code, a planned development district (PD) may be approved in lieu of a change of zone as specified in Section 94.07.00. The PD is needed for this project so that relief from the development concept and standards from the underlying R-G-A zoning district can be achieved. Section 6.3 of the Section 14 Specific Plan provides that Property Development Standards from the Palm Springs Zoning Ordinance will prevail unless otherwise excepted. The only exceptions are for the percentage of open space in the MBR zone, and the 30-foot height limit in the HR zone. The current proposal is for a project that calculates open space project-wide rather than only for the area not devoted to parking, and for attached residences that vary in height between 23 and 25.7 feet in the MBR zone. The maximum height within the proposed project is 26.2 feet. Additionally, flexibility is also needed to allow relief from other development standards. Perimeter setbacks are proposed to be decreased from 25 feet along streets to approximately 20 feet. Buildings within 200 feet of a single-family residential zone are limited in height to fifteen feet in the R-G-A zone. Although the R-1-C neighborhood lying north of Alejo Road is within that distance, the project proposes two-story building heights. It should be noted that Alejo Road offers a buffer, and that the single-family residences on Alejo Road tend to be fenced and landscaped with tall plantings. Ordinary building Separations in the R-G-A zone vary based on building height, and would be at least 37.5 feet (for a 25-foot tall building), while the project proposes separations of as little as ten feet. A comparison of the existing zoning and the proposed Planned Development District is shown on the following table. Table 2: Com arison of Existing Zoning and Proposed PD-321 Standards Type of Standard Section 14 Specific Plan ( 6.3) Underlying Proposed MBR North HR South R-G-A (8) PD-321 GP Density NA NA North: North: 6-8 DU/Ac 7.1 DU/Ac South: South: 21-30 DU/Ac 12.2 DU/Ac ZO Density * * 5,000 SF/DU 7.1 DU/Ac & = 8.7 DU/Ac 12.2 DU/Ac Coverage * * Per Setbacks 28% + of site Front Setbacks * 25 Feet 20 Feet Bldg Separations 37 Ft. + (15'Horz. Variable from / 10' Vert.) 10 Ft. + Height * 30 Feet 15 Feet 25.7 Ft. + Ht Exception NA NA 24 Feet 25.7 Ft. + Parking 176 196 Per R-G-A(8) *'Per R-G-A(8),except as noted Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 5 of 14 Site Plan The proposed project involves the demolition and removal of all existing structures on- site and the subsequent construction of 28 medium density residential dwelling units with livable space ranging from 2,006 to 2,115 square feet, and 56 high density multi- family residential dwelling units ranging from 1,362 to 1,514 square feet. Recreational facilities associated with the proposed project include a common swimming pool and clubhouse located along Avenida Caballeros, south of the project entry, as well as private pools for each dwelling unit. A block wall is proposed along the project perimeter. The site plan shows internal circulation one unit deep along the perimeter of the site with an additional east-west roadway bisecting the site. The original design of the private streets proposed enhanced pavements which do not include any sidewalks; however staff has concerns regarding safety issues. At its meeting of January 9, 2006, the Architectural Advisory Committee (AAC) reviewed the project and recommended approval for the project as originally designed without the sidewalks. Based on the gated internal circulation system, staff can support the applicant's request. Access The primary access to the site is provided from a gated entry on Avenida Caballeros, with an emergency access located along Alejo Road. The main access entry is located at approximately the location of the east-west General Plan and Zone boundary. This is also the location of the project's east-west bisecting roadway. An existing landscaped median in Avenida Caballeros extends from the north side of the project entry to Alejo Road. This median is a Section 14 entry feature that was required as part of TTM 31256 (now Alejo Vista). The median will have to be reconfigured to accommodate a left-turn pocket into the project site from southbound Avenida Caballeros. To accommodate the revised median, an alternative Section-14 entry feature would be created with public art on both the southwest and southeast corners of the intersection of Avenida Caballeros and Alejo Road. These corners are private property, although the southeast corner is on the project site. Preliminary discussions have been held with the Alejo Vista Home Owners Association (HOA), which has expressed willingness to pursue such an entry feature. Parking As shown on the Site Plan Tabulations, the project has been design to meet requirements of the Zoning Ordinance regarding overall parking. Each dwelling unit includes an attached two-car garage. There are 33 guest spaces and six handicapped spaces for a total of 196 spaces. 4 Planning Commission Staff Report 3108/06 Case:5.1082—PD-321 &TTM 34165 Page 6 of 14 Architecture As designed, the condominiums will be constructed as a mix of attached homes with side-by-side duplexes, quadri-plexes, triplexes and ten unit buildings with individual, exclusive-use front driveways, front entries, and rear yards with swimming pools. Four types of units are proposed, and will range between approximately 1,812 and 2,613 square feet in size. The aesthetic elements of the proposed architecture include changing roof forms and roof pitches designed to achieve variety. However, the higher roofs over the second floors differ from the medium-density to the high-density of the site. These differences in roof shape bring variety to units in the development. The roofs describe, thorough architectural form, the different approaches used by both zones to occupy the site. The medium-density roofs above the second floor utilize separate roofs, while the high- density roofs are stretched over several units, even when courtyards or lower roof structures separate those units. The separate roof of the medium-density attempts to make each unit feel like an individual home, while the high-density roofs make a large urban complex. The aesthetic differences between the two portions of the site can be seen as well. The medium-density buildings make contemporary statement of what it means to create shade and forms in the desert today, while the high-density roofs are large sloping forms using a post and beam system akin to the 1960's developments seen throughout the City. All of the units, open to desert views through ample amount of glazing, and also show large trellis sunshades, neutral colors and varied material palette. REQUIRED FINDINGS Findings can be made in support of establishing the proposed Planned Development District as follows: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the M-8 Medium-Density Residential and H-43/30 High-Density Residential General Plan designations which govern the subject property. General Plan Objective 3.6a is to provide for the development of between six and eight dwelling units per acre for the M-8 designation. The proposed density within the M-8 designation is approximately 7.1 dwelling units per acre. General Plan Objective 3.8 is to provide for the development of up to 30 dwelling units per acre for the M-43/30 designation. The proposed density within the M-43/30 designation is approximately 12.2 dwelling units per acre. Per Objective 3.6b, Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 7 of 14 appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project is also consistent with General Plan Policies 3.8.1.a-e in that minimum open space requirements are met, common areas face ground floors, the open space areas are easily accessible, the design provides visual character, and the location of second floors are removed from adjacent single-story residences. The proposed project is consistent with the Section 14 Specific Plan in that it proposes a residential use in a location determined to be preferred for such a use. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Adequate access is proposed with a main access on Avenida Caballeros, and a secondary emergency access on Alejo Road. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed establishment of the proposed planned development district is necessary to provide a design concept that blends features from the existing deteriorated project with features from older and newer adjacent projects. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, and because it continues a residential pattern of development in an area adjacent to other residential uses. Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed planned development is consistent with the goals and objectives of the M-8 Medium-Density Residential and H-43/30 High-Density Residential General Plan designations which govern the subject property. General Plan Objective 3.6a is to provide for the development of between six and eight dwelling units per acre for the M-8 designation. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 8 of 14 The proposed density within the M-8 designation is approximately 7.1 dwelling units per acre. General Plan Objective 3.8 is to provide for the development of up to 30 dwelling units per acre for the M-43/30 designation. The proposed density within the M-43/30 designation is approximately 12.2 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. The proposed project is also consistent with General Plan Policies 3.8.1.a-e in that minimum open space requirements are met, common areas face ground floors, the open space areas are easily accessible, the design provides visual character, and the location of second floors are removed from adjacent single-story residences. The proposed project is consistent with the Section 14 Specific Plan in that it proposes a residential use in a location determined to be preferred for such a use. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are generally consistent with the Section 14 Specific Plan HR and MBR zones and the underlying R-G-A (8) zone in which the property is located. Development standards proposed as part of the planned development district provide flexibility in design details related to building arrangement, building height, and application of density. C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 8.5-acre development area of project site can accommodate 84 condominium units without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that with implementation of proposed mitigation measures, any environmental impacts regarding project Planning Commission Staff Report 3108106 Case:5.1082—PD-321 &TTM 34165 Page 9 of 14 construction effects on air quality, and noise will be reduced to a,level that is less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, and an access system that provides an orderly system of internal driveways and motor courts. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study is being prepared and a Notice of Intent to adopt a Mitigated Negative Declaration will be sent to applicable agencies and published in the Desert Sun for a 20-day review period. The working draft Initial Study found the environmental impacts of the proposed project to be less than significant with the following mitigations: MIM III-1 To the extent feasible, the project contractor shall use the following equipment and methods to reduce construction emissions: A. Measures to mitigate for off-road mobile source emissions (Table 11-3 of SCABMD CEQA Handbook): 1. Methane-fueled pile drivers. 2. Use electricity from power poles rather than temporary diesel or gasoline power generators. 3. Use methanol or natural gas on-site mobile equipment instead of diesel. 4. Use propane or butane-powered on-site mobile equipment instead of gasoline. B. To mitigate for PM10 Emissions: 1. Grading a. Apply non-toxic soil stabilizers according to manufacturers' specification to all inactive construction areas (previously graded areas inactive for ten days or more). b. Replace ground cover in disturbed areas as quickly as possible. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 10 of 14 c. Enclose, cover, water twice daily or apply non-toxic soils binders according to manufacturers' specifications, to exposed piles (i.e., gravel, sand, dirt) with 5% or greater silt content. d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. f. Monitor for particulate emissions according to District-specified procedures. Contact the District for more information at (714) 396-3600. 2. Paved Roads a. Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). b. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and equipment leaving the site each trip. 3. Unpaved Roads a. Apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces. b. Traffic speeds on all unpaved roads to be reduced to 15 mph or less. c. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles. d. Pave all construction access roads at least 100 feet on to the site from the main road. e. Pave construction roads that have a daily traffic volume of less than 50 vehicle trips. MM III-2 The following measures from the District's Rule 403, Table 1 Best Available Control Measures shall also be implemented. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. A. Stabilize backfill material during handling and at completion of activity. B. Pre-water soils prior to cut and fill activities. C. Stabilize wind erodible surfaces to reduce dust. D. Stabilize surface soils where support equipment and vehicles will operate. E. Stabilize disturbed soils throughout the construction site. F. Pre-apply water and re-apply water as necessary to maintain soils during earth- moving activities. Visible emissions shall not exceed 100 feet in any direction. G. Maintain at least six feet of freeboard on haul vehicles. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 11 of 14 H. Stabilize stockpiled soils. I. Limit vehicular travel to establish unpaved roads (haul routes) and unpaved parking lots. The above measures shall be implemented during all grading and construction phases of the project and enforced/monitored by the City of Palm Springs and the SCAQMD. Implementation of these mitigation measures would reduce construction- related emissions in accordance with the reduction efficiencies shown in Tables 11-3 and 11-4 of the SCAQMD CEQA Handbook. These measures are considered adequate by the District to reduce emissions to less than significant. MM V-1 As there are always a possibility of buried cultural and paleontological resources in a project area, a Native American Monitor(s) shall be present during all round disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a qualified archaeologist to investigate the find. If necessary, the qualified archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. If human remains are discovered they shall be handled consistent with the state law provisions. To comply with the City 65 dBA CNEL exterior and 45 dBA CNEL interior noise level standards, the following mitigation measures outlined in the noise study (Endo Engineering, 2005) are required: MIVI XI-1 During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. MM XI-2 Construction activities on-site should take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 12 of 14 NIM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes. MM XI-7 Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. MM XI-8 Stationary equipment should be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-9 The residential uses proposed adjacent to Avenida Caballeros and Alejo Road shall include a 6.0 foot perimeter wall, or shall be evaluated by a qualified noise consultant at more detailed levels of planning to ensure that adequate noise attenuation measures are incorporated in the project design to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas) and the California Noise Insulation Standards. The applicant shall demonstrate to the satisfaction of the City that the required shielding shall be incorporated in the project design, prior to the issuance of building permits. MIM XI-10 All internal combustion-powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. To comply with City ordinance and policy requirements, the following mitigation measures outlined in the project traffic study (Endo Engineering, 2005) are required. MM XV-1 The project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of the master planned roadways (Alejo Road and Avenida Caballeros) adjacent to the project site. This shall include the right-of-way dedication is the property line corner cutback dedication required at the northwest corner of the site to accommodate a curb ramp. MM XV-2 The master planned roadways (Alejo Road and Avenida Caballeros) shall be improved adjacent to the site, to the design standards identified in the Section 14 Specific Plan, as required by the City of Palm Springs. MNI XV-3 The project proponent will comply with the Section 14 Specific Plan requirements regarding the master planned bikeways adjacent to the site along Avenida Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 13 of 14 Caballeros. NIM XV-4 Sufficient off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. MM XV-5 The project proponent shall contribute traffic impact mitigation fees, by participating in the Traffic Uniform Mitigation Fee (TUMF) program. The following mitigation measures are recommended to reduce potential circulation acid/or site access impacts associated with the proposed project: MM XV-6 To insure compliance with City access and design standards, the final building and parking layout and site access design shall be subject to the review and approval of the City Traffic Engineer, as part of the development review process. MM XV-7 Clear unobstructed sight distance shall be provided at the unsignalized site driveway on Avenida Caballeros. MM XV-8 The project proponent shall be required to contribute 100 percent of the cost of the following circulation improvements in conjunction with the development of the proposed project: A. Avenida Caballeros —The Applicant shall modify or remove the raised median on Avenida Caballeros, south of Alejo Road, as required by the City Engineer. B. Avenida Caballeros - Since the site has 610 feet of frontage on Avenida Caballeros, the TWLTL may be extended beyond the site access, to function as a median refuge for motorists making westbound left turns out of the project site. C. Avenida Caballeros - The southern terminal treatment for introduction of the TWLTL shall be developed by simple northbound through-lane approach taper widening from the basic 2- or 4-lane cross section on Avenida Caballeros. This taper will cause all vehicles to transition laterally and shall be moderately long (approximately 150 feet long assuming 35 mph) to shift the northbound through lanes laterally 6 feet and provide a full shadowed 12-foot wide TWLTL. D. Avenida Caballeros - Construct a single westbound exit lane and a single entry lane at the site access. E. Avenida Caballeros - Install a STOP sign facing exiting site traffic. F. Avenida Caballeros - Construct a meandering 5-foot pedestrian/jogging path, a 10-foot meandering Class I bikeway within a 28-foot landscaped parkway along the east side of Avenida Caballeros, as specified in the Section 14 Master Development Plan/Specific Plan. Planning Commission Staff Report 3/08/06 Case:5.1082—PD-321 &TTM 34165 Page 14 of 14 G. Alejo Road - Construct a 6-foot Class II bikeway and a 6-foot meandering sidewalk within a 20-foot wide parkway on the south side of the Alejo Road adjacent to the project site, as specified in the Section 14 Master Development Plan/Specific Plan. NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property/adjacent property owners. As of the writing of this report, staff has not received any comment. Ed and O. ob son G-faig . wsng, Al Principal Planner Dir to Pla ding ,ervices ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution / Conditions of Approval 3. Initial Study/ Mitigated Negative Declaration 4. Reduced Site Plans and Elevations 0 0 PROOF OF PUBLICATION This is space for County Clerk's film,Stump (2015.5.C.C.P) No. 1087 NOTICC OF PUpt•IC HEAPING STATE OF CALIFORNIA CITrCOIF COPALU COUNCIL RINGS County of Riverside case:S.to62- 444 NEXUS O PO 32t, TTM 24165 Avon"I, Cabell oE4gyp$NAEBYIo atl JT�e", One hITY o CpI m s that the C ty Council 'rY I, Palm S GIVCNib, cChamd°etlnppe{ti,lof HPgl 7g I20o6 I am a citizen of the United States and a resident oT Prp Canyon ay, palmCgiN20gethe County aforesaid; I am over the age of eighteen -- at urp0"eof rears,and not a art to or interested in the nnpri ueVNefonuu pev°I°p 12 ment fn�.^.Ider on ap. Propole above-entitled matter.I am the principal clerk of a ro,cati ec oftaA d ohn�°f5 ter a Halt Pie fa aand rdeniiea printer of the,DESERT SUN PUBLISHING Iocnb�a a" and Avno'd o a�a0•t corn r Y dw,Iaa COMPANY a newspaper Of general Circulation, I �ISRIf�(M�oged HR(FIigIM1DPnio°" Ind 7171 ytlP- rinted and published in the cityof Palm$ rings, am r m penal t Rem, 3 Ale- County of Riverside,and which newspaperhas been l"g R-GhA (aj zoning LSP tlJof�e�an.bW h or)nPurse- adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case i Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller - than non pariel,has been published in each regular and entire issue of said newspaper and not in any I �' supplement thereof on the following dales,to wit: I .-I ,-'� r;r April 8°i 2006 ' I; - `rl ...-..................................--..... ....-,.-......�.f�_�.. 'ENVIRO N EN T pMl All in the year 2006 ?„w.' . Wigatetl rAL OET�." certify(or declare)under penalty of perjury that the thls Project u,tleret Ceclaratyp INATION; A p foregoing is true and correct. In eersLa he,pubOryOpcc�euldohEo aoaa�uwa,%DUI Dated at Palm Springs,California thin----II°i,--day ;`371 uiimifahq� e�ca'noPal 'Irinr"y1enli ciiy°j"gg` I -�� ' Council he�trinq°Omme at, or err or pHntgho3Clty OF Apcd '�` ,2006 REVIEW OF PHOJECr !( i toporpt tnd other a4 INallsgFORMg71 �I I,e _P.n.°ItJthewlC Par hhloitlar p 00`r�nloW a Ih" docu tart r11e ee Mongay throe ohe urs o t ai Y°u Would Y °rk �(yy77 Con (Slgnifture \ �� view these gocumentedule an aPPP�iitSmed Bto 4� .'7 1 to- totMEoti�,�N THIS App41CAT10 iiearin aY be mane v• Nr Resppo ten conlnlea{°r In Wtiting before bally at thn Public by letter(for' m`�Y be made t ththee heori Writ. _ mall or tr o the C gg .end avllyery) tP Ity' Council •-V ��yy\\ ,( Janle-Thom s•J ;�� tF. .�� •� �] 3200 C. lahgpltz nC`CI Clerk v u J \\ An Palm SPnggs. CA Y226a sY _ yy challenge Ot t U C `rl y- ��'h �tathc Public heir,n salgr oP Y thbPe ie,eInrcourt •�. m wrlften 9 desrrlbatl In Clerk ar, °°rreypondenc thin a,;ed An or eot Coder SpecrionaGSOoP�bjtp1)hearing(Go b it o mtare i0tl�gity WIIRbe given 4� Ing ihls Pns�rsOna to be hp at svq ham,, Plannln9 ScrvievaY be dlrectr,d Questions rat arbll la CluSi aagadE Pa Dopes a oyrta fPo�)v3 824 Nadlna Fiegor tnrf no2 I'a B1e hablar coraj Ipublishca, demos Thompson, City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case: 5.1082 — PD 321, TTM 34165 NEXUS DEVELOPMENT 444 Avenida Caballeros & 1013 Alejo Road NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of April 19, 2006. The City Council meeting begins at 6:00 pm, in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Nexus Development for a proposed Planned Development District 321 and Tentative Tract Map No. 34165 for a planned residential project consisting of 84 multiple-family dwelling units located at the southeast corner of Avenida Caballeros and Alejo Road, more particularly described as 444 Avenida Caballeros and 1013 Alejo Road, Zoned HR (High Density Residential) and MBR (Medium Density Residential Buffer) pursuant to the Section 14 Specific Plan, with underlying R-G-A (8) zoning, Section 14. ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at the 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 Diane Bullock, Planning Services Department at (760) 32'3-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. � J mes Thompson, City Clerk e Department of Planning Services w N E Vicinity Map l I J l I J I I I I I I I I I I I GRAWA VALMONTE a 2 VIA GOLUSA El NI tr a J J_ 7 Q ALEJO RO ME]H HIE w J J eFF1 E V 2 W W d Legend LM Site I=500'Radius AMADO RD CITY OF PALM SPRINGS CASE NO: 5.1082 PD 321 DESCRIPTION: Application by Nexus Development for a TTM 34165 proposed Planned Development District 321 and Tentative Tract Map 34165 for a planned residential project consisting APPLICANT: Nexus Development of 84 multiple-family dwelling units located at the southeast O & M La Mancha, LLC corner of Avenida Caballeros and Alejo Road, Zone MBR & HR, Section 14. City ®f Palm Springs, u an Office of the City Clerk * PonHiev�9 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 V�Qf 1L o\P Tel: (760) 323-8204 • Fax. (760) 322-8332 • Web: www.ci.palm-springs.caus Fl) AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Nexus Development for a proposed Planned Development District 321 and Tentative Tract Map No. 34165 for a planned residential project consisting of 84 multiple-family dwelling units located at the southeast corner of Avenida Caballeros and Alejo Road, was mailed to each and every person set forth on the attached list on the 6th day of April, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (234 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated atPalm Springs, California, this 6th day of April, 2006. �® 1 fJA ES THOMPSON o ity Clerk /kdh H:\USERS\C-CLK\Hearing Notices\Affidavit-NexusDevelopment 04-19-06.doc Post Office Box 2743 • Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Public Hearing Notice - MS APRIL HILDNER MR TIM HOHMEIER (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS MR STEVEN PERRIN MS SHERYL HAMLIN (BEL DESIERTO NEIGHBORHOOD) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA) 930 CHIA ROAD 1334 INVIERNO R\DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR JOHN HANSEN MS MALLIKA ALBERT MS DIANE AHLSTROM (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) PO BOX 252 2241 NORTH LEONARD ROAD 475 VALMONTE SUR PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN (TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 373 MONTE VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MODCOM AND MR PETE MORUZZI HISTORIC SITE REP =J PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING&ZONING DEPT VERIFICATION NOTICE-0 '-:D' ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF.CAHUILLA, AGUA CALIENTE BAND OF CAHUILLA INDIANS-J =--D INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 009-600-764 009-600-765 009-604-654 COOPER GWENDOLYN A STEVENS ARNOLD SFONDOURIS NICK 1154 E CASA VERDE WAY 3500 LAKESIDE CT 140 3531 LABURNUM CT PALM SPRINGS, CA 92262 RENO,NV 89509 NORTHBROOK,IL 60062 009-604-655 009-604-656 009-604-657 CHURCH CHRISTOPHER J CRANE JAMES A MICKELSON SIDNEY S 790 SE WEBSTER ST 205 20 RICHELLE CT 1655 ROXANNA RD NW PORTLAND,OR 97202 LAFAYETTE,CA 94549 WASHINGTON,DC 20012 009-604-658 009-604-659 009-604-660 FREE BETTY M ARRAGE KERI SHAPIRO N NATHAN 2424 BADAJOZ PL A 355 N AVENIDA CABALLEROS 6 355 N AVENIDA CABALLEROS 7 CARLSBAD,CA 92009 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-604-662 009-604-663 009-604-664 HOLLINGSWORTH JILL DIANE MASCOW BROWNEY&SHARON K BASSINSON KEVIN 232 ROSEMONT ST 550 BEAUMONT DR 355 N AVENIDA CADALLEROS 11 LA JOLLA, CA 92037 PAWLEYS ISLAND,SC 29585 PALM SPRINGS, CA 92262 009-604-665 009-604-666 009-604-668 CARTWRIGHT DENISE W CRANN BRIAN J LIPSCHUTZ ROBERT MICHAEL 355 N AVENIDA CABALLEROS 12 32748 111TH PL SE 355 N AVENIDA CABALLEROS 15 PALM SPRINGS,CA 92262 AUBURN,WA 98092 PALM SPRINGS,CA 92262 009-604-669 009-604-670 009-604-671 STEIGER JOHN A WASKO BARBARA 0 SCOTT DOLORES 3138 SKYLINE DR 355 N AVENIDA CABALLEROS 17 355 N AVENIDA CABALLEROS 18 OCEANSIDE, CA 92056 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-604-672 009-604-673 009-604-812 FRANKLIN RONALD E GRAY GLADYS G LURIA REALTY CO INC 1123 ASBURY AVE 355 N AVENIDA CABALLEROS 20 1415 N SUNRISE WAY 48 EVANSTON,IL 60202 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-605-500 009-606-957 009-609-880 LOVE PATRICIA ANN HARLAN LEE COMPANY MORR ANGELES 21911 SOUTHGATE 4334 PARK VICENTE 425 VEREDA NORTE MISSION VIE.JO,CA 92692 CALABASAS,CA 91302 PALM SPRINGS,CA 92262 009-610-298 009-610-559 009-611-303 MORR ANGELES MORR ANGELES MORR ANGELES PO BOX 20182 PO BOX 20182 PO BOX 20182 JACKSON,WY 83001 JACKSON,WY 83001 JACKSON,WY 83001 009-614-060 009-614-061 009-614-062 LA MANCHA RESORT LA MANCHA RESORT LA MANCHA RESORT 2905 BURTON DR 2905 BURTON DR 2905 BURTON DR CAMBRIA, CA 93428 CAMBRIA,CA 93428 CAMBRIA,CA 93428 009-614-063 009-614-064 009-614-065 LA MANCHA RESORT LA MANCHA RESORT LA MANCHA RESORT 2905 BURTON DR 2905 BURTON DR 2905 BURTON DR CAMBRIA,CA 93428 CAMBRIA,CA 93428 CAMBRIA,CA 93428 009-614-066 009-614-067 009-614-068 LA MANCHA RESORT LA MANCHA RESORT LA MANCHA RESORT 2905 BURTON DR 2905 BURTON DR 2905 BURTON DR CAMBRIA,CA 93428 CAMBRIA,CA 93428 CAMBRIA,CA 93428 009-614-069 009-614-070 009-614-071 LA MANCHA RESORT LA MANCHA RESORT LA MANCHA RESORT 2905 BURTON DR 2905 BURTON DR 2905 BURTON DR CAMBRIA,CA 93428 CAMBRIA,CA 93428 CAMBRIA,CA 93428 009-614-072 009-614-073 009-614-074 LA MANCHA RESORT LA MANCHA RESORT LA MANCHA RESORT 2905 BURTON DR 2905 BURTON DR 2905 BURTON DR CAMBRIA,CA 93428 CAMBRIA,CA 93428 CAMBRIA,CA 93428 009-614-075 009-614-076 009-614-077 LA MANCHA RESORT LA MANCHA SUR II LA MANCHA SUR II 2905 BURTON DR 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE CAMBRIA,CA 93428 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-614-078 009-614-079 009-614-080 LA MANCHA SUR II LA MANCHA SUR I1 LA MANCHA SUR II 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-614-081 009-614-082 009-614-083 LA MANCHA SUR LA MANCHA SUR LA MANCHA SUR 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-614-084 009-614-085 009-614-086 LA MANCHA SUR LA MANCHA SUR LA MANC14A SUR 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-614-087 009-614-088 009-614-089 LA MANCHA SUR LA MANCHA SUR LA MANCHA SUR 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE 1077 E GRANVIA VALMONTE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009-614-090 507-213-004 507-213-006 LA MANCHA SUR PRINCE SIDNEY D PORTER CHRISTY 1077 V GRANVIA VALMONTE 555 N AVENIDA CABALLEROS 521 N AVENIDA CABALLEROS PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 I 507-213-007 507-213-008 507-213-009 RODRIGUEZ VICTOR R MORALES EDWARD CAMUSI SYBIL 4875 WIOTA ST 508 N CAMINO REAL 2041 CUMMINGS DR LOS ANGELES,CA 90041 PALM SPRINGS,CA 92262 LOS ANGELES,CA 90027 507-213-010 507-213-013 507-271-005 WENDELBORG KURT C BUNKER DANIEL W 1999 TRUST IRWIN KENNETH F 274 14TH ST 124 TURQUOISE WAY 1077 E GRANVIA VALMONTE OAKLAND,CA 94612 SAN FRANCISCO,CA 94131 PALM SPRINGS, CA 92262 507-271-006 507-271-007 507-271-008 IRWIN KENNETH F KRECHMAN GOLDIE WITTENAU MICHAEL VON 1077 E GRANVIA VALMONTE 1050 E VIA COLUSA 1020 E VIA COLUSA PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 507-271-010 507-273-001 507-273-003 VLAHOS JAMES HANLEY LEON TRUST RECORD BRUCE H 50 PLATT AVE 1033 E VIA COLUSA 1075 E VIA COLUSA SAUSALITO,CA 94965 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 507-273-004 507-273-005 507-273-006 CMM PROP CO LOWERY MARTIN C SIGMUND GLENN R 1801 W 9TH ST 1080 E ALEJO RD PO BOX 8507 SAN PEDRO,CA 90732 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 507-273-007 507-273-008 507-273-009 DESERT WATER AGENCY DEMIANY JOAN KROGER WILLIAM S PO BOX 1710 1055 E VIA COLUSA 1040 E ALEJO RD PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 507-274-002 507-274-003 507-274-008 ME 2 HOLDING LLC ELLENBOGEN ERIC& 1120 E ALEJO RD TRUST 8754 VINMAR AVE 860 BROADWAY 6TH 8754 VINMAR AVE RANCHO CUCAMONGA,CA 91730 NEW YORK,NY 10003 RANCHO CUCAMONGA,CA 91730 507-274-009 507-274-010 508-034-008 AHMED IQBAL CARINO ERNESTO USA 508 530 N ARQUILLA RD 1100 W ALEJO RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 WASHINGTON,DC 21401 508-034-013 508-034-016 508-034-017 CITY OF PALM SPRINGS ALEJO CABALLEROS ALEJO CABALLEROS PO BOX 2743 72880 FRED WARING DR 72880 FRED WARING DR PALM SPRINGS,CA 92263 PALM DESERT,CA 92260 PALM DESERT,CA 92260 508-038-015 508-060-008 508-060-009 ALEJO CABALLEROS O&M LLC O&M LLC 72880 FRED WARING DR 1 MACARTHUR PL 300 1 MACARTHUR PL 300 PALM DESERT,CA 92260 SANTA ANA,CA 92707 SANTA ANA,CA 92707 508-060-031 508-500-037 508-500-038 O&M LLC USA 508 LEE HARLAN 1 MACARTHUR PL 300 PO BOX 2245 2175 S BRENTWOOD DR SANTA ANA, CA 92707 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92264 508-500-039 508-500-040 508-500-041 USA 508 HARLAN LEE CHASE STUART&REGINA PO BOX 2245 3500 LAKESIDE CT 140 1025 LEA DR PALM SPRINGS,CA 92263 RENO,NV 89509 SAN RAFAEL,CA 94903 508-500-042 508-500-043 508-500-044 KARTON MITCHELL ALAN HARLAN LEE LEE HARLAN 3248 LAKEWOOD AVE S 1118 E CASA VERDE WAY 426 E S 1000 401 SEATTLE,WA 98144 PALM SPRINGS,CA 92262 SALT LAKE CITY,UT 84102 508-500-045 508-500-046 508-500-047 ROBINSON RONALD LEE HARLAN LEE HARLAN 4268 E MERCER WAY PO BOX 6055 1106 E CASA VERDE WAY MERCER ISLAND,WA 98040 OXNARD,CA 93031 PALM SPRINGS,CA 92262 508-500-048 508-500-049 508-500-050 BRADFORD LAWRENCE L 1990 LEE HARLAN HARLAN LEE CO TRUST 1817 S ROCKWOOD BLVD 190 CONCORD RD 0000021712 WESLEY DR LAGUNA BEACH,CA 92651 SPOKANE,WA 99203 CHELMSFORD,MA 01824 508-500-051 1 508-500-052 508-500-053 LEE HARLAN BROKKEN JAMES R LEE HARLAN 212 W WASHINGTON ST 909 60 E 8TH ST 7B 875 COMSTOCK AVE 18A CHICAGO,IL 60606 NEW YORK,NY 10003 LOS ANGELES,CA 90024 508-500-054 508-500-055 508-500-056 HARLAN LEE WITZEL RICHARD 1999 TRUST HARLAN LEE CO 446 N GREENHOUSE WAY 448 N GREENHOUSE WAY 444 N GREENHOUSE WAY PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 508-500-057 508-500-058 508-500-059 LEE HARLAN ALLEN DONNA JO LEE HARLAN 525 BOB HOPE DR 450 N GREENHOUSE WAY 66 POMANDER WALK BURBANK, CA 91505 PALM SPRINGS,CA 92262 RIDGEWOOD,NJ 07450 508-500-060 508-500-061 508-500-062 LEE HARLAN LEE HARLAN HARLAN LEE CO 1128 PRINCETON ST 2 PO BOX 13710 211 CENTRAL PARKWAY W 36 SANIA MONICA, CA 90403 PALM DESERT,CA 92255 NEW YORK,NY 10024 508-500-063 508-500-064 508-500-065 HARLAN LEE BAETE CONR AD&JENNY S LEE HARLAN 1113 E ALEJO RD I I I I E ALEJO RD 466 N GREENHOUSE WAY PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 508-500-066 508-500-067 508-500-068 LEE HARLAN HARLANLEE CO LEE HARLAN 8017 RAYFORD DR 333 RICHMOND ST PO BOX 1145 LOS ANGELES,CA 90045 EL SEGUNDO,CA 90245 PALM SPRINGS,CA 92263 508-500-069 508-500-070 508-500-071 LEE HARLOW HARLAN LEE CO LEE HARLAN 200 E 72ND ST 7K 2811 WILSHIRE BLVD 700 1127 E ALEJO RD NEW YORK,NY 10021 SANTA MONICA,CA 90403 PALM SPRINGS,CA 92262 508-500-072 508-500-073 508-500-074 KURN SYDNEY J TRUST LEE HARLAN LUCCHESI JEFFREY F &DEBORAH 3525 HIDDEN PINE CT 19 DOGWOOD ST L SANTA ROSA, CA 95404 JERSEY CITY,NJ 07305 1166 DOVER LN FOSTER CITY,CA 94404 508-500-075 508-500-076 508-500-077 LEE HARLAN LEE HARLAN COMMON LOT 1103 E ALEJO RD 1040 E EL ALAMEDA PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 508-500-078 508-540-001 508-540-002 USA 508 USA BIA USA BIA PO BOX 2245 355 N AVENIDA CABALLEROS 1 355 N AVENIDA CABALLEROS 2 PALM SPRINGS, CA 92263 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 508-540-003 508-540-004 508-540-005 USA 508 USA BIA USA 508 PO BOX 2245 355 N AVENIDA CABALLEROS 4 PO BOX 2245 PALM SPRINGS, CA 92263 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 508-540-006 508-540-007 508-540-008 USA BIA USA 508 USA BIA 355 N AVENIDA CABALLEROS 6 PO BOX 2245 355 N AVENIDA CABALLEROS 8 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 508-540-009 508-540-010 508-540-011 USA 508 USA 508 USA BIA PO BOX 2245 PO BOX 2245 355 N AVENIDA CABALLEROS 11 PALM SPRINGS, CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 508-540-012 508-540-013 508-540-015 USA BIA USA BIA USA 508 355 N AVENIDA CABALLEROS 12 355 N AVENIDA CABALLEROS 13 PO BOX 2245 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 508-540-016 508-540-017 508-540-018 USA 508 USA 508 USA BIA PO BOX 2245 PO BOX 2245 355 N AVENIDA CABALLEROS 18 PALM SPRINGS, CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 508-540-019 508-540-020 508-540-021 USA BIA USA BIA USA 508 355 N AVENIDA CABALLEROS 19 355 N AVENIDA CABALLEROS 20 PO BOX 2245 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 508-580-039 508-580-040 508-580-041 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-042 508-580-043 508-580-044 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-045 508-580-046 508-580-047 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-048 508-580-049 508-580-050 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-051 508-580-052 508-580-053 USA 508 USA 509 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-054 508-580-055 508-580-056 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-057 508-580-058 508-580-059 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-060 508-580-061 508-580-062 USA 508 USA 508 USA 508 PO BOX.2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-063 508-580-M 508-580-065 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-066 508-580-067 508-580-068 USA 508 USA 508 USA 508 PO BOX 2245 PO BOX 2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-580-069 USA 508 508-580-071 508-580-074 PO BOX 2245 PALM SPRINGS,CA 92263 508-581-041 508-581-043 508-580-075 USA 508 USA BIA PO BOX 2245 PALM SPRINGS,CA 92263 508-581-044 508-581-046 USA 508 508-581-045 USA BIA USA 508 PO BOY.2245 PO BOX 2245 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 508-581-047 508-581-049 USA 508 508-581-048 USA BIA USA 508 PO BOX 2245 PO BOX 2245 PALM SPRINGS, CA 92263 PALM SPRINGS,CA 92263 508-581-050 508-581-051 508-581-052 USA BIA USA BIA USA BIA 508-581-053 USA 508 508-581-054 508-581-055 PO BOX 2245 USA BIA USA BIA PALM SPRINGS,CA 92263 1 ' 508-581-056 508-581-057 508-581-058 USA BIA. USA 508 PO BOX 2245 USA BIA PALM SPRINGS,CA 92263 ' 508-581-059 508-581-060 508-581-061 USA BIA USA BIA USA BIA 508-581-062 508-581-063 508-581-064 USA BIA USA BIA USA BIA 1 , , 508-581-065 508-581-066 USA 508 USA 508 508-581-067 PO BOX 2245 PO BOX 2245 USA BIA PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 ' 508-581-068 508-581-069 508-581-070 USA BIA USA BIA USA 508 PO BOX 2245 PALM SPRINGS,CA 92263 508-581-071 508-581-072 USA BIA USA 508 508-581-073 PO BOX 2245 USA BIA PALM SPRINGS,CA 92263 ' 508-581-074 508-581-075 508-582-041 USA BIA USA 508 0&M LLC PO BOX 2245 1 MACARTHUR PL 300 PALM SPRINGS,CA 92263 SANTA ANA,CA 92707 508-582-090 USA 508 ho�pA�\SA•p�y -N City of Palm Springs u Office of the City Cleric �e 3200 E. Tah uitz Canyon WayPalm Springs,California 92262 * CFOFHTEO 4 * qY am pru .� OP '9lIFOR� Tel: (760)323-8204 • Pax. (760) 322-8332 • Web: wwwo.palm-spnngs.ca.us April 6, 2006 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: IRE: City Council Meeting —April 19, 2006 Nexus Development— Case 5.1082 TTM 34165 4444 Avenida Caballeros & 1013 Alejo Road The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced subject on April 19, 2006. Attached are ten copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s)within the 400 ft. radius of the project location, labels for each parcel of land, and ten postage paid envelopes. The parcels of Indian owned land within the 400 ft. radius of the project are listed below by accessor's parcel numbers: 508-500-029 508-540-001thru 508-540-021 508-500-037 508-580-038 thru 508-580-070 508-500-039 508-581-001thru 508-581-042 508-500-078 508-581-044thru 508-581-047 508-581-049 508-581-065 thru 508-581-066 508-581-053 508-581-070 508-581-057 508-581-072 508-581-062 508-581-075 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, Kathie Hart, CMC Chief Deputy City Clerk /kdh H\USEMC-CLMHeanng NolicesTuble Hearing Notices to BIA-NexusDevelop doc Encl. Public Hearing Notice (10 copies) 10 Postage paid envelopes Labels Post Office Box 2743 0 Palm Springs, California 92263-2743