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Home My WebLink About3/2/2005 - STAFF REPORTS CITY COUNCIL March 2, 2005 PUBLIC HEARINGS Subject: TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH ARMSTRONG TOOR TO SUBDIVIDE 4.48 ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS — WEST OF ROSE AVENUE AT CORONADO AVENUE —ZONE R-1-A, SECTION 10 From: David H. Ready, City Manager By: James Thompson, City Clerk RECOMMENDATION: Table with no public testimony, direct staff to re-notice the Public Hearing. ES THOMPSON, City Clerk DAVID H. READY, Cit'O er HAUSERS\C-CMAgenda Preparation\StaffRep030205-Toor.doc J— --LC foOOl 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 and Notice of Intent to Adopt a Mitigated Negative Declaration, to consider an application by Edith Armstrong Toor to subdivide a 4.48 acre parcel into six single family residential lots located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10, on March 2, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 17th day of February, 2005, in a sealed envelope, with postage preparid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 22"d day of February, 2005. MESTHOMPSON 1 City Clerk f 0002 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Tentative Tract Map 28668 and Notice of Intent to Adopt a Mitigated Negative Declaration Applicant: Mrs. Edith Armstrong Toor NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 2, 2005. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by Edith Armstrong Toor to subdivide a 4.48 acre parcel into 6 lots. The subject property is located west of Rose Avenue at Coronado Avenue, Zone R-1- A, Section 10. This map was previously approved by the City Council on October 18, 2000 and was extended once before expiring on December 17, 2003. The map is identical to the previously approved map. The application includes the following elements: • Adoption of the Mitigated Negative Declaration - The proposed project has the potential to have significant impacts related to air quality, hydrology, biology and cultural resources unless the recommended mitigation measures are incorporated into the project; • Adoption of the Mitigation Monitoring Program - Implementation of the mitigation measures will reduce environmental impacts associated with the project to a level of less than significant; and • Tentative Tract Map-The project applicant is requesting the approval of Tentative Tract Map 28668. The proposed subdivision exceeds all of the requirements of the L2 General Plan designation and the R- 1-A zoning classification. The subdivision is proposed as a custom lot development and no plans for individual homes are under consideration with this application. The development would install the single cul-de-sac road access and utilities to the lots. No mass grading is proposed. Pursuant to the California Environmental Quality Act (CEQA), a subsequent Mitigated Negative Declaration has been prepared for this project and will be reviewed by the City Council. A mitigated negative declaration (MND) was adopted by the City Council on October 18, 2000. However, information in the adopted MND must be updated in order to reflect new circumstances under which the project is being undertaken. Mitigation measures with respect to biology and cultural resources have been added or updated. Therefore, pursuant to Section 15162 of CEQA, the preparation of a subsequent mitigated negative declaration is necessary. The subsequent MND, previously adopted MND, application, and related documents are available for public review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, 8:00 a.m. to 5:00 p.m. If any 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 to the City Clerk at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Principal Planner at(760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760)323-8245. �MES THOMSPON ity Clerk id1YAtM[Fi Department of Planning Services w 1v E Vicinity Map S o ,r�, w N >O h� + ANO RAMA RD 0 AVE CITY OF PALM SPRINGS CASE NO: TTM 28668 DESCRIPTION: Application for subdivision of 4.48 gross acres of land into six APPLICANT: Edith Armstrong Toor single-family residential lots located west of Rose Avenue at Coronado Avenue, Zone R-1-A, Section 10. PROOF OF PUBLICATION (2015.5.C.C.P) No.1780 NOTICE OF PUBLIC HEARING np CITY COUNCIL CITY OF PALM SPRINGS Tentative Tract Mapp 28666 and Notice of Intent tlo Adopt a Mitigated Negative Declaration Applicant: Mrs. Edith Armstrong Toor 'NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public hearing at its meeting of March 2,,p 2005. 'the Council Chalmberelat9Citg Hall, 3200 E.Tali quaz Canyon Way, Palm Springs. The purpose of the hearing Is to consider an ap- plication by Edith Armstrong Toor to subdivide a 4.48 acre parcel Into 6 lots. The enbi-et property Is located west of Rase Avenue at Coronado Ave- nue,Zone R-1-A, Section 10.This map was pre- vlouslyy approved by the City Coun.I on October STATE OF CALIFORNIA 78, 2000 and was extended once before expiring County of Riverside an December 17, 2003.mrTr�hhaeep�map Is Identical to - the the slylo approved pr a d=m .;Th. application in- " Adoption of the Mitigated Negative Declara- tion- Ttre proposed project has the potential to have significant impacts related to air quality,hy- drology, biology and cultural resources unless the -' recommends mitigation measures are incorpo- rated Into the prcject; 21 Adoption of the Mltlgatlon Monitoring Pro- gram - Implementation of the mitigahon mea- sures III reduce environmental Impacts associat- ed with the project to a level of less than signifi- I am a citizen of the United States and a resident Of ant and Te;ntative on Map -The project applicant is ° (f the County aforesaid;I am over the age of eighteen re jesting the approval of Tentative Tract Map 28G68. years,and not a party to or interested in the The or subdivision exceeds all of the re- above-entitled matter.I am the principal clerk of a guirements of the L2 General Plan designation printer of the, DESERT SUN PUBLISHING and the r.po zoning classification.custom fThe develsubdiviopment h proposed,as a custom lot development COMPANY a newspaper of general circulation, and no plans for individual homes are under pcon- mderatlon with this ap licatlon. The development printed and published in the city of Palm Springs, would Install the sin?, cul-de-sac road access and utilities to the Iota. No mass grading is pro-'' County of Riverside,and which newspaper has been posed. 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 - Number 191236; that the notice,of which the annexed is a printed copy(set in type not smaller _ J than non panel,has been published in each regular - -I and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: y - February 19r1' -------'------'-------'------------------------------------ I I All in the year 2005 Pursuant to the California Envionmerri Quality Act (CEQA), a subsequent Mitigated Negative I Certify(or declare)under penalty of perjury that the Declaration has been prepared for this project and WIII be reviewed b the OR Council. A miti- fore foregoing is true and correct. y b' g gated negative declaration er 1 was adapted by the City Council on October 18' 2000. However, Information In the adopted MIND must be updated Dated at Palm Springs,California this----21s°----day in order to reflect new circumstances under which the project Is bean undertaken. Mitlgatlon mea- sures with respect to biology and cultural re- sources have been added or updated. Therefore, of------Febl'lmry--------,2005 pursuant to Section 15162 of CEOA,the pre lara- lion'of a subsequent mitiggated negative declare- /�, lion Is necessa the subsequan MND, prev)- /k' ously adopted M�D,oar public and related doc- uments-X- - uments are available for public review at the City -------'----------'-------- of Palm 5prm9s Department of Planning Services ,i Signature counter,Monday to Friday,8:00 a.m.to 5:00 p.m. If any group challenges the action In court, issues raised may be limited to only those issues raised I4pgl at the public heann9 deactlbed in this notice or in at or written correspondence to the'01% Cler ortunit' o to the City Council hearing, An Opp p wilorl be given at said hearing for all interested per- sons to be heard. Questions regarding Wire case may be directed to Jing Yee,Principal Planner at (760) 323-8245. Si necesita ayuda con sate carts,porfavor(lame a i a Ciudad ge Palm Springs y puede3-824 hablar con ' INadlne Fleger telefona (780) 323-6245. JAMES THOMPSON City Clerk PUB: February 19, 2006 e Impression antibourrage et a s6chage rapide www.averycom Utilisez le gabarit 5960� 1-800-GO-AVERY AWRY® 5960M G'IJ 504 201 008 504 201 009 504 201 024 Charles&David Shapiro John Boccardo&Jon Roberts William Grimrn A Celia I San Carlos Ave 1011 W Cielo Dr 925 W Panorama Rd Sausalito, CA 94965 Palm Springs, CA 92262 Palm Springs, CA 92262 504 201 025 , 504 201 026 504 201 027 \ Thomas rson e-A Marilyn Hirshleifer Max Palevsky PO Box 4450 877 W Panorama Rd 924 Westwood Blvd#700 PaJrn Desert, CA 92261 Palm Springs, CA 92262 Los Angeles, CA 90024 r' 504 201 032 504 201 033 504 202 007 Maxt Palevsky Andrew Linsky Dorothy Hibler&Robert Sutton Jr. 924 Westwood Blvd#700 850 N Patin Canyon Dr 12839 Marlboro St Los Angeles, CA 90024 Pahn Springs, CA 92262 Los Angeles, CA 90049 504 202 008 504 202 009 504 211 001 Kay Sutton Onderdonk&Robert Sutton ', Tuscan Vista Llc Al&Diane Cameron 12839 Marlboro St 1 San Carlos Ave 7529 Cooper Point Rd NW Los Angeles,CA 90049 Sausalito, CA 94965 Olympia,WA 98502 504 211 002 504 211 003 504 211 004 Felix Barthelemy Herman&Maria Jaelrne Robert Grinchuk&Reuel Olin 699 Canino Norte 845 W Chino Canyon Rd 1751 University Ave Palm Springs, CA 92262 Palm Springs, CA 92262 San Diego, CA 92103 504 213 001 504 213 002 505 030 008 Yang Kit Edward Dornanskis Max Palevsky 11861 Cardinal Cir 2049 Ocean Way 924 Westwood Blvd#700 Garden Grove, CA 92843 Laguna Beach, CA 92651 Los Angeles, CA 90024 505 030 009 505 041 008 505 041 010 Usa 505 Arnold Stevens Justin Hilb&Jeane Dyer Hilb Us Dept Of Interior 3500 Lakeside Ct#140 911 Juarez Ave Washington,DC 20401 Reno,NV 89509 Pahn Springs, CA 92262 505 041 016 505 041 019 505 044 010 Virginia Milanovich R John Armor Klaus Ogennan&Inge Ogerman 100 S Sunrise Way 1500 N Rose Ave Otto Sh 19 Palm Springs, CA 92262 Palm Springs, CA 92262 80333 MUNICH GERMANY 505 044 011 505 044 012 505 044 013 Klaus Ogennan&Inge Ogerman S A Idanel Carey Wong Otto Str 19 32 Route De Malagnou 56 E Holly St 90333 MUNICH 1208 GENEVA Pasadena, CA 91103 GERMANY SWITZERLAND 505 044 014 505 044 015 505 044 016 Pamela Clifford Crown City Rose Ave Lle Edith Armstrong Toor 5740 Hill Oak Dr 65 N Raymond Ave#235 1000 W Coronado Ave Los Angeles, CA 90068 Pasadena, CA 91103 Palm Springs, CA 92262 OA��b ANMAV-00-008-6 �� wi096S 31VIdW31®�SaanV ash wi096S wordaane Armen s 6ullul3d aaad a6pnw5 pue rues i Impression antibourrage et a s6chage rapide�S,ur www.averycom T M 2 la6 6?Q AVERY® 5960-^ Utilisez le gabarit 596&c 1-800-GO-AVERY 505 044 017 505360011 505 360 012 Edward Domanskis Palm Mountain Co Edward Domanskis 1441 Avocado Ave#307 155 S Belardo Rd 1441 Avocado Ave#307 Newport Beach, CA 92660 Palm Springs, CA 92262 Newport Beach, CA 92660 i 505 360 014 505 360 015 R M Fey&Ethel Fey Arnold Stevens PO Box 2849 3500 Lakeside Ct#140 Palm Springs, CA 92263 Reno,NV 89509 wi096S pJ��y ® AHMV-09-008-4 wap96S 3�,VIMU p�(aany esn w0YfO8AeMMAfk s BUIIUIJ 1 9914 a6onwc uue user NEIGHBORHOOD COALITION MR BILL DAVIS AND CASE NO.-TTM 28668 MR PETER DIXON MS TRISHA DAVIS Mrs. Edith Armstrong Toor TENNIS CLUB AREA TENNIS CLUB AREA CITY COUNCIL MEETING-3.02.05 431 SOUTH MONTE VISTA DRIVE 555 WEST BARISTO ROAD#2C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN MS CHRISTINE HAMMOND MR BOB WEITHORN C/O CASA CODY COUNTRY INN TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS SMALL HOTELS 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN FLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN HISTORIC TENNIS CLUB AREA 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 1 1 I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO TTM 28668 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I I I ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MRS. EDITH A. TOOR MR. MARVIN ROOS 1000 CORONADO AVENUE MAINIERO, SMITH &ASSOC. SPONSORS 1 I I PALM SPRINGS, CA 92262 777 E.TAHQUITZ CANYON WAY,#301 PALM SPRINGS, CA 92262 CASE NO. TTM 28668 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE HISTORIC SITE REP I I I PO BOX 4738 PALM SPRINGS CA 92263-4738 pALM SA'Piy City of Palm Springs Department of Planning Services 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 c4IIFOR� Telephone: 760-323-8245 — Fax: 760-322-8360 Email: JoanneB&&palm-springs.ca.us Date: January 31, 2005 To: Claudia Salgado AND Arvada Wilson Bureau of Indian Affairs J� From: Joanne Bruggemans, Secretary Planning Services Department 1 Subject: Planning Commission Hearing, February 23, 2005 Case No.: TTM 28668 and Notice of Intent to Adopt a Mitigated Negative Declaration Here are 2 notices for the above hearing that need to be sent to the appropriate Indian landowner within the 400' radius of the project location. There is 1 parcel of Indian owned land in this project. The APN number is: 505-030-009 Please let me know if you need additional notices and/or postage pre-paid envelopes for notification to these owners for this important hearing/meeting. Thanks for all your help and cooperation. Enclosures: 2 Notices 1 Postage Pre-paid Envelope 505 030 009 Usa 505 Us Dept Of Interior Washington,DC 20401 City of Palm Springs Office of the City Clerk \ P. O.Box 2743 - 4(�F00.N�P Palm Springs, California 92263-2743 �< 504 211 003 Herman&Ma ra Jaelme 845 W Clnio 0 Tryon Rd Palm Springs,C 92262 E'I URN .- -- -D �� .J�� ,qy n"a('j. . 9 rQ �,ati I. fl!I:! !1!!!!i!Itiitu!I�u.E!I1!!!I=.�!!I!!�Ir=1�!J!-tl t Springs :y Clerk rota 92263-2743 505 044 013 Carey Wong 56 E Holly St Pasadena, CA 91103 „ ERE TI.rm TO ME::NY1Ejl) ATTrMfDTE:E] — Jy6T KNOWN LJNAMLi r. TO 1=6 RWA RD r)C; 1i�.5i}l G;e d'�Fd$„3lr}J 'k0904-06610-17-42 '3i1G4-rZS !:JS'8 Fi<Y},"^`y'7 .;3 4 en )'1�1 AI P S q ;, , City of Palm Springs City Attorney 3200 T¢hquue Canyon Way• Palm Springs,California 92262 TEL:(760)323-8211 •Too(760)864-9527 Yak 1,:� by March 2, 2005 Emily Hemphill Ealy, Hemphill & Blasdel 777 E. Tahquitz Canyon Way Suite 328 Palm Springs, CA 92262 Re: Toor Subdivision (Tentative Tract Map 28668) Dear Ms. Hemphill: It is my understanding that you represent Edith Toor in her application for a 6 lot subdivision. This will confirm our discussions of last week regarding City processing of the Toor Subdivision in light of the pending Measure B initiative measure on the March 8 ballot. In the event Measure B passes, the initiative measure will not become effective until the tenth day following City Council's declaration of the election results, an event that can not occur until after the elections official completes the canvass of the vote. In addition, the provisions of law that require a city to apply only the ordinances, policies, and standards in effect when a subdivision map application is "deemed complete" would affect the application of the initiative measure. Measure B could not be applied to the Toor application for a subdivision map since it appears that the subdivision application was accepted as complete prior to the date the initiative, if approved by the voters, would go into effect. Measure B provides that it goes into effect "immediately" upon its "passage." The City Attorney's "summary" of the initiative indicates that the measure would go into effect "upon certification of the election result." Both of these conclusions are not correct. Pursuant to Elections Code Section 9217, an initiative measure goes into effect ten days after the City Council declares the vote on the initiative measure. The City Council can not take this action until the elections official Post Office Box 2743 0 Palm Springs, California 92263-2743 Ms. Hemphill March 2, 2005 Page 2 completes the official canvass of the vote. The elections official has 28 days to complete the canvass and prepare a certified statement of the results of the canvass. I will not attempt to speculate on what date the elections official will complete the canvass and provide the certification to the City Council; however, the certification would need to be complete and delivered to the City by March 11 for the matter to even be considered for inclusion on the Council agenda for March 16. If the canvas can be completed and the certification issued by March 11, and if the City Council acts on the certification on March 16, the measure would not go into effect until March 26. 1 believe that this is probably the very earliest date that the measure can go into effect. Government Code Section 66474.2 provides that when determining whether to approve or disapprove a subdivision map application, the City can only apply the ordinances, policies, and standards in effect at the time the application for the subdivision was accepted and found to be complete. The second submission of the Toor subdivision was accepted and found to be complete on January 25, 2005. The ultimate decision by the Planning Commission or the City Council to approve or deny the tentative map can not be based on an initiative measure passed by the voters on March 8. The only potential difficulty regarding the above analysis on "deemed complete" subdivision applications is an express exception provided in Section 66474.2. This exception provides that the "deemed complete" rule does not apply if the city has (1) initiated proceedings by way of "ordinance, motion or resolution" and (2) published notice of the initiated proceeding in accordance with law. When the city has followed these procedures for the initiation of legislation and provided the required notice, the subdivision map application will be subject to the proposed ordinance, policy, or standard, even though it is adopted after the application is deemed complete. Clearly this exception applies to a regulatory ordinance initiated by the City Council and noticed for hearing before the City Council. It is not clear whether this exception applies to an initiative measure. There are no judicial decisions on whether this exception to the general rule is applicable to initiative measures. Nevertheless, there are strong arguments that the filing, posting, and publication of a notice of intent to circulate an initiative petition does not constitute the notice required to invoke the exception. Arguably, the very purpose of the initiative process is not the notification of a pending hearing. I would also point out that the authors of"Ballot Box Navigator" (Solano Press, 2003) concluded that "it would be incorrect to interpret section 66474.2 as allowing the imposition of later regulations adopted by initiative or allowing local agencies to condition or deny approval of a tentative map based on Ms. Hemphill March 2, 2005 Page 3 the requirements of a voter initiative that was certified for [an] upcoming ballot but not adopted before the tentative map application was deemed complete." Hopefully the above summary of our discussions will be helpful to you and your client in considering your options. It is my understanding that the Toor subdivision has been properly set for hearing before the Planning Commission on March 9. In anticipation that the Planning Commission will take action on the gtn a hearing before the City Council has been or shortly will be set for March 16. If you have any questions, please do not hesitate to give me a call. Very Tr ours, Dou las C. Holland Cit Attorney DCH/mh