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HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (5) >��PpLMSA� �2 x x ti + Ornaxxrco' � Ro City Council Staff Report DATE: July 20, 2005 Public Hearing SUBJECT: CASE NO. 5.1061 ZTA — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING TEXT AMENDMENT TO AMEND THE SIGN CODE, AND ADDING SECTION 93.20.05 (12)(C) 'RELOCATION OF OFF-SITE ADVERTISING DISPLAYS". FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On May 11, 2005, the City Council approved the Highway 111 Beautification Agreement with Lamar Central Advertising allowing for the relocation of ten outdoor advertising displays. This zoning text amendment would amend the sign code to allow for implementation of that agreement. RECOMMENDATION: 1. Waive the reading of the proposed ordinance text in its entirety and introduce by title only. 2. Introduce on first reading Ordinance No. "An Ordinance of the City of Palm Springs, California, adding paragraph 12 to subsection C of Section 93.20.05 of the Palm Springs Municipal Code, relating to the relocation of offsite advertising displays". STAFF ANALYSIS: On May 11, 2005 the City Council approved the Highway 111 Beautification Agreement with Lamar Central Advertising for the relocation of ten outdoor advertising displays. The intent of that agreement is to beautify and enhance this important entry corridor into the City. Item No. 1 . G . City Council Staff Report July 20, 2005 -- Page 2 5.1061 ZTA Sign Ordinance Amendment The purpose of the sign ordinance (Sections 93.20.00 through 93.20.11) is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of businesses and other sign users by regulating and controlling the design, location and maintenance of all signs in the city. The entire text of the sign ordinance is available online at http://www.bpcnet.com/codes/palmsprings/. Section 93.20.01 of the Zoning Ordinance notes that: Palm Springs is one of the country's foremost desert resorts, the City Council finds that proper sign control is necessary to maintain the high aesthetic values which both residents and visitors to the city have come to expect. Signs shall complement the architecture of the building on which they are placed and/or the immediate surroundings, including such elements as size, color, location, graphic presentation, landscaping, lighting and construction material. A sign ordinance provides equitable standards for all businesses to identify the location of goods and services. Main identification sign(s) shall be allowed in conjunction with accessory/convenience signs as necessary. Historically, the City of Palm Springs has prohibited off-site directional signs and billboards. This ordinance does not affect the prohibition; however. This ordinance would allow existing signs to be relocated to less sensitive area, The purpose of this hearing is to consider Case 5.1061-ZTA, an application by the City of Palm Springs to amend the Zoning Ordinance Sign Code. The amendment would add paragraph 12 to subsection C of Section 93.20.05 of the Municipal Code, relating to relocation of off-site advertising displays. This zone text amendment would allow for the removal of ten outdoor advertising displays from Highway 111, then over the course of a two year period Lamar Central Advertising would erect ten, two sided billboards, on I- 10, between Highway 62 and Indian Canyon Drive. Each sign face of the proposed outdoor advertising display measures 48' wide by 14' tall, or 678 square feet area. The overall sign dimensions are 48' wide by 17' tall or 816 square feet in area. The top of the proposed signs would be 40' tall. The signs would be located 515 feet apart. At it's meeting on July 13, 2005, the Planning Commission voted to 6-0 to approve this zoning text amendment. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project and determined that the proposed Zoning Ordinance text amendments are exempt pursuant to the "General Rule" [Section 15061(b) (3)] that City Council Staff Report July 20, 2005 -- Page 3 5.1061 ZTA Sign Ordinance Amendment CEQA applies only to projects that have the potential to cause a significant impact on the environment. The proposed amendments are process-oriented, requiring additional levels of review through the permit process for each applicable future project. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Because the amendments have been found to be exempt, no environmental review is necessary. FISCAL IMPACT: No fiscal impact. Norm Canchola, Director of Planning Services David H. Ready, City M�a Attachments: 1. Highway 111 Beautification Agreement 2. Ordinance 3. Resolution of the Planning Commission July 13, 2005. Approved 6-0 HIGHWAY 111 BEAUTIFICATION AGREEMENT This Highway 111 Beautification Agreement ("Agreement") is entered into as of May 2005, by and between Lamar Central Outdoor, LLC, a Delaware Limited Liability Company, doing business as Lamar of Palm Springs, ("Lamar") and the City of Palm Springs, a California charter city("City"), (hereinafter collectively"Parties"), as follows: RECITALS A. Lamar is the owner of Ten (10) lawfully nonconforming outdoor advertising display locations geographically located within the County of Riverside located along Highway 111 within the City and between the city limits of the City and a location generally referred to as Windy Point as more particularly set forth on Exhibit "A"attached hereto and incorporated herein by this reference ("Existing Signs"). B. It is the desire of the City to remove these Existing Signs from this scenic corridor in order to beautify, enhance the visual aesthetics and otherwise improve the westerly entry statement of this gateway into the City. C. California Business & Professions Code § 5412 ("California Law") provides that governmental entities may not compel the removal of outdoor advertising displays without just compensation to the display owners thereof. D. California Law sets forth that it is the policy of this State to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without the expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. E. The California legislature specifically empowered local entities to enter into relocation agreements on whatever terms are agreeable to the display owner and the local entity. F. The City and Lamar desire to enter into this Agreement pursuant to the foregoing provisions to affect relocation of the Existing Signs in a mutually agreeable manner as provided and allowed pursuant to California law referenced above. NOW THEREFORE, in consideration of the mutual promises set forth herein, and for good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, the Parties do hereby agree as follows: i 3 { 1 i r' TERMS 1.0 INCORPORATION OF RECITALS The above stated recitals are expressly made part of this Agreement. 2.0 AGREEMENT TERMS 2.1 Obligations of the Parties 2.1.1 Relocation Lamar shall immediately commence the relocation of its ten (10) Existing Signs, as set forth in Exhibit "A", to ten (10) locations along the Interstate 10 corridor as it passes through the City's limits. Lamar shall complete these relocations within two (2) years after execution of this Agreement by all parties ("Relocation Period"). 2.1.2 Construction of Relocated Outdoor Advertising Displays The relocated outdoor advertising displays may be, at the discretion of Lamar, double faced illuminated monopole outdoor advertising displays with a display face dimension of up to fourteen feet by forty eight feet (14'x 48% and located in compliance with all applicable federal and state laws regulating outdoor advertising. 2.1.3 Conditions for Relocation 2.1.3(a) Change of Zoning Prior to the issuance of building permits by City for the relocations set forth herein, Lamar shall use its best efforts to work with property owners of the parcels upon which Lamar's outdoor advertising displays are proposed to be relocated, to file a request for a change of zone, if applicable, with City for the purpose of bringing these parcels into substantial compliance with the California Department of Transportation's outdoor advertising regulations ("State Regulations") subject to the following: 2.1.3(b) Cooperation by City The City Manager shall in good faith and consistent with authority conferred upon him by the City Council advise and/or direct City Staff to recommend to the Planning Commission and/or City Council that owners of the parcels upon which Lamar's outdoor advertising displays are to be relocated should be allowed to re-zone these parcels in substantial compliance with State Regulations. 2.1.3(c) Acknowledgment by Lamar Lamar hereby acknowledges, understands, and agrees that this Agreement does not bind the discretionary determination of either the Planning Commission and/or the City Council with respect to re-zoning, 2 i i 1 and further, that if said re-zoning is not approved by City on one or more parcels and Lamar is not be able to relocate its Existing Sign or Signs to such parcel or parcels which are not otherwise in compliance with State Regulations as set forth herein, Lamar will not be able to relocate its Existing Sign or Signs. 2.1.3(d) Remaining Existing Signs If, at the expiration of the Relocation Period, Lamar is unable to relocate one or more of its Existing Signs, through no fault of Lamar, Lamar shall be allowed to keep such remaining Existing Sign or Signs until relocation is made possible pursuant to the terms of this Agreement or any extension thereof. 3.1 Mutual Waivers 3.1.1 Waiver of City Claims Execution of this Agreement shall constitute a waiver pursuant to California Civil Code Section 1542 which effectively waives any claims City may raise now or in the future, whether known or unknown, against Lamar, or any of its political subdivisions, officers, employees, volunteers, attorneys, etc. regarding the relocation of Lamar's Existing Signs as set forth herein. 3.2.2 Waiver of Claims Execution of this Agreement shall constitute a waiver pursuant to California Civil Code Section 1542 which effectively waives any claims Lamar may raise now or in the future, whether known or unknown, against the City, or any of its political subdivisions, officers, employees, volunteers, attorneys, etc. regarding payment of just compensation by City for the compelled removal of Lamar's Existing Signs as set forth herein. 4.0 RELEASE OF CLAIMS 4.1 Mutual and General Release Between City and Lamar This Agreement shall constitute a mutual and general release of each and every claim, demand, damage, liability, cost, attorney's fees, obligation, expenditure, lien, right of arbitration, right of action and cause of action of every kind and nature whatsoever, whether joint or several, now known or unknown, suspected or unsuspected which City and Lamar have, or at any time prior to the date of this Agreement may have against each other and any of their respective agents, partners, joint ventures, servants, employees, attorneys, successors, heirs, executors, administrators, assigns, transferees and predecessors-in-interest, concerning the subject matter of this Agreement. 4.2 Waiver of California Civil Code Section 1542 With respect to the matters set forth in this Agreement, all Parties acknowledge that they understand the meaning of California Civil Code Section 1542 which provides as follows: 3 ^ "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Parties expressly waive and relinquish any rights or benefits which they now have or may in the future have under Section 1542 of the California Civil Code. In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that their attorneys or agents may hereafter discover claims or facts in addition to or different than those which the Parties now know or believe to exist with respect to such matters, but it is their intention to hereby fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which may exist or heretofore have existed between each of the Parties and each of their respective'agents, partners, joint ventures, servants, employees, attorneys, both past and present, successors, heirs, executors, administrators, assigns, transferees, and predecessors4n-interest, and each of them, arising out of the Action. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release not withstanding the discovery or existence of any such additional or different claims or facts. This waiver shall apply to all releases set forth in this Agreement. 6.4 GENERAL PROVISIONS 5.1 Entire Agreement 6.1.1 The terms of this Agreement are intended by the Parties as a final expression of their Agreement, and constitute and contain the entire Agreement and understanding as between the Parties with respect to such terms as are included herein, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. In addition, this Agreement supersedes and replaces all prior settlement negotiations, proposed settlement agreement or agreements, written or oral, as it relates to this matter and upon execution of this Agreement, City and Lamar owe no further duties and have no further obligations of any nature to each other except as set forth and required by this Agreement. 5.1.2 The Parties further intend that this Agreement constitutes a complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. City and Lamar acknowledge that neither has made any promise, representation or warranty whatsoever, expressed or implied, written or oral, not contained herein concerning the subject matter hereof, to induce the execution of this instrument. City and Lamar acknowledge that they have not executed this instrument in reliance on any promise or representation or warranty not contained herein. 4 5.2 Modifications Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties. 5.3 Attorneys' Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, each party shall be responsible for their respective costs, including attomeys' fees. The prevailing party shall not be entitled to recover its attomeys'fees or related costs. 5.4 Applicable Law This Agreement shall, in all respects, be interpreted, enforced and governed by and under the laws of the State of California. 5.5 Jointly Drafted It is agreed between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties and their respective attorneys, and that it shall not be interpreted or construed in favor or against any Party on the ground that said Party drafted the Agreement. It is also agreed and represented by all Parties that this Agreement was the result of extended negotiations between the Parties and counsel for the Parties hereto, and that said Parties were of equal or relatively equal bargaining power. In no way whatsoever shall it be deemed that this Agreement is a contract of adhesion, unreasonable or unconscionable. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties. 6.6 Independent Legal Counsel Party acknowledges that it has retained independent legal counsel of its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement with the consent and on the advice of such independent legal counsel. 6.7 Assignment of Claims All Parties warrant and represent to the other that no claims they might have, or do have, and which are otherwise referenced and released by this Agreement have been assigned to any other person or entity. U Severability If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect. 6.9 Titles The headings of the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 5 5.10 Gender Whenever in this Agreement the context so requires the masculine or feminine or neuter gender and the singular and plural number shall each be deemed to refer and include the other. 5.11 Additional Documents To the extent that it is necessary or appropriate to prepare and execute any additional documents in order to effectuate this Agreement, the Parties agree to do so in a timely manner. 5.12 Counterparts This Agreement may be executed in one or more identical counterparts, each of which shall be deemed an original hereof. 5.13 Binding On Successors This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. 5.14 Authority Any Party signing this Agreement on behalf of an entity or other than themselves, hereby represents and warrants that such Party has authority to sign on behalf of the indicated entity. . IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the day and year first above written. 'The undersigned hereby warrant that they are legally authorized and entitled to make the promises, covenants, and representations set forth herein. LAMAR CENTRAL OUTDOOR, LLG,A DELAWARE LIMITED LIABILITY COMPANY eY% t_amciY media Corp. s sole he4er By: _ Date: MAY Q00� As Its: U C e Pre<:i2t h+ By: Dater acJS As It S cretary 6 f CITY OF PALM SPRINGS By: 7 Date: David H. Ready City Manager APPROVED BY CITY CG'" MU b 1 .1\•9�1 APPROVED AS TO FORM ATTEST: By: 141�4 Dougla C. Holland amen Thompson, City Clerk City Attorney 7 ORDINANCE NO. ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING PARAGRAPH 12 TO SUBSECTION C OF SECTION 93.20.05 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO RELOCATION OF OFFSITE ADVERTISNG DISPLAYS. CityAttorney's Summary California Business and Professions Code Section 5412 specifically empowers cities to enter into relocation agreements with owners of certain off-site advertising displays "on whatever terms are agreeable to the display owner and the city." This ordinance allows the City Council, by agreement, to establish the design standards and review procedures for off-site advertising displays proposed to be relocated to property zoned for commercial or industrial uses. The City Council of the City of Palm Springs ordains: SECTION 1. Paragraph 12 is added to Subsection C of Section 93.20.05 of the Palm Springs Municipal Code to read: 12. Relocation of Off-Site Advertising Displays. Pursuant to the provisions of Business and Professions Code Section 5412, and notwithstanding any provision of the City's Zoning Code to the contrary, an existing off-site advertising display may be relocated to any property zoned for industrial or commercial uses, subject to such development standards as the City Council and the owner of the off-site advertising display proposed to be relocated may agree in a relocation agreement. A relocated off-site advertising display shall be subject to the review process provided in the relocation agreement. Each off-site advertising display proposed for relocation shall be constructed in compliance with applicable City building codes and regulations. SECTION 2. The City Council finds that it is in the public interest, and consistent with the state policy provided in Business and Professions Code Section 5412, to provide the City Council with maximum flexibility in the review and approval of proposals to relocate off-site advertising displays from scenic corridors and to otherwise provide for the relocation of advertising displays as allowed under Business and Professions Code Section 5412 within and in the vicinity of the City to less sensitive areas. Providing the City Council with the opportunity to establish design standards and review procedures on a case by case basis when such advertising displays are proposed to be relocated to property zoned for industrial or commercial uses ensures that the City can timely review and process such relocations in a timely manner. SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be 1 published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 2005. AYES: NOES: ABSTAIN: ABSENT: RONALD ODEN, MAYOR ATTEST: James Thompson, City Clerk - APPROVED AS TO FORM: Douglas Holland, City Attorney .Version 2 2 Staff: Canchola/Holland Public Hearing RESOLUTION NO OF THE PLANNING COMMISSION OF THE CITYOF PALM SPRINGS, RECOMENDING APPROVAL OF CASE NO. 5.1061 ZTA — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING TEXT AMENDMENT TO SECTION 93.20.05(C)(12) OF THE SIGN ORDINANCE ADDING "RELOCATION OF OFF-SITE ADVERTISING DISPLAYS". THIS ORDINANCE ALLOWS THE CITY COUNCIL, BYAGREEMENT, TO ESTABLISH THE DESIGN STANDARDS AND REVIEW PROCEDURES FOR OFF- SITE ADVERTISING DISPLAYS PROPOSED TO BE RELOCATED TO PROPERTYZONED FOR COMMERCIAL OR INDUSTRIAL USES. WHEREAS, Section 93.20.00 of the Zoning Ordinance regulates the location and construction of signage in the City of Palm Springs; and WHEREAS, Section 93.20.02 of the sign ordinance notes that: "Palm Springs is one of the country's foremost desert resorts,the city council finds that proper sign control is necessary to maintain the high aesthetic values which both residents and visitors to the city have come to expect. Signs shall complement the architecture of the building on which they are placed and/or the immediate surroundings, including such elements as size, color, location, graphic presentation, landscaping, lighting and construction material. A sign ordinance provides equitable standards for all businesses to identify the location of goods and services. Main identification sign(s) shall be allowed in conjunction with accessory/convenience signs as necessary;" and WHEREAS, Section 93.20.02 further notes that: "The purpose of the sign ordinance (Sections 93.20.00 through 93.20.11) is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of businesses and other sign users by regulating and controlling the design, location and maintenance of all signs in the city;" and WHEREAS, Historically, the City of Palm Springs has prohibited off-site directional signs and billboards. Section 93.20.04 of the Sign code, "Prohibited signs" notes that: The following signs are expressly prohibited: 3. Signs Advertising the Use, Name of the Owner, Products or Service Not Available on the Premises. Any sign which advertises a use not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service or entertainment not available on the premises shall be prohibited for any business without street frontage unless otherwise authorized in conjunction with a public transportation facility; and C:\Documents and Settings\NormMLocal Settings\Temporary Internet Files\OLK8F\5 1061 ZTA2.doc 3 Staff: Canchola/Holland Public Hearing WHEREAS,Approval of the Zone Text Amendment would allow for the removal of outdoor advertising displays; and WHEREAS, The net impact of this program would be the elimination of outdoor advertising displays on Highway 111; and WHEREAS, the Planning Commission finds that the elimination of billboards from Highway 111 meets an important community beautification objective; and WHEREAS, the City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project and determined that the proposed Zoning Ordinance text amendments are exempt pursuant to the "General Rule" [Section 15061(b)(3)] that CEQA applies only to projects that have the potential to cause a significant impact on the environment. The proposed amendments are process-oriented, requiring additional levels of review through the permit process for each applicable future project. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Because the amendments have been found to be exempt, no environmental review is necessary; WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider this was issued in accordance with applicable law; and WHEREAS, on July 13, 2005, a public hearing on the application for Case No. 5.1061-ZTA was held by the Planning Commission in accordance with applicable law. NOW, THEREFORE BE IT RESOLVED, the Planning Commission of the City of Palm Springs hereby recommends that the City Council approve the zone text amendment, attached as Exhibit 1 and incorporated hereto. ADOPTED this 13th day of July, 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission C:\Documents and Settings%ormMLocal Settings\Temporary Internet Files\0LK8F\5 1061 ZTA2.doc 4 NOTICE OF PUBLIC HEARINGS CITY OF PALM SPRINGS NOTICE OF CITY COUNCIL AND PLANNING COMMISSION MEETINGS NOTICE OF EXEMPTION CASE 5.1061-ZTA — APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT, ADDING PARAGRAPH 12 "RELOCATION OF OFF-SITE ADVERTISING DISLAYS' TO SUBSECTION "C" OF SECTION 93.20.05 OF THE MUNICIPAL CODE, IN ORDER TO IMPLEMENT THE HIGHWAY 111 BEAUTIFICATION AGREEMENT WITH LAMAR CENTRAL ADVERTISING FOR THE RELOCATION OF 10 OUTDOOR ADVERTISINING DISPLAYS FROM HIGHWAY 111 TO INTERSTATE 10 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 13, 2005. The Planning Commission meeting begins at 1:30 p.m. (public hearings start at 2:00 p.m.) in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. NOTICE IS ALSO HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 20, 2005. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of these hearings is to consider Case 5.1061, an application by the City of Palm Springs to amend the Zoning Ordinance Sign Code. Specifically the amendment would add paragraph 12 to subsection C of Section 93.20.05 of the Palm Springs Municipal Code, relating to relocation of off-site advertising displays. The The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project and determined that the proposed Zoning Ordinance text amendments are exempt pursuant to the "General Rule" [Section 15061(b)(3)j that CEQA applies only to projects that have the potential to cause a significant impact on the environment. The proposed amendments are process-oriented, requiring additional levels of review through the permit process for each applicable future project. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Because the amendments have been found to be exempt, no environmental review is necessary. 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 Planning Commission and/or City Council by letter (mail or hand delivery) to: Mr. James Thompson, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the meeting. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning Services, (760) 323-8245, Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger(760) 323-8364, J es Thompson, City CIcPk /fig.