HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (12) DATE: May 19, 2004
TO: City Council
FROM: Director of Planning and Zoning
TENTATIVE TRACT MAP 28610 -APPLICATION BY MATZNER & OLIPHANT, A CALIFORNIA
GENERAL PARTNERSHIP, FOR CLARIFICATION OF THE CONDITIONS OF APPROVAL,AND
FOR RELIEF FROM CONDITION OF APPROVAL #24 AND 25, REQUIRING THE
UNDERGROUND RELOCATION OF ABOVE GROUND UTILITY LINES THAT ARE LESS THAN
35KV, INCLUSIVE OFTHE POWERLINE RUNNING NORTH-SOUTH THROUGH THE EASTERN
PORTION OF LOT#20,AND THOSE LINES ON OR ADJACENT TO THIS PROJECT, LOCATED
ON THE NORTH SIDE OF TACHEVAH DRIVE, BETWEEN AVENIDA CABALLEROS AND
SUNRISE WAY, R-1-C ZONE, SECTION 11.
RECOMMENDATION:
The Planning Commission recommends that the City Council grant the developer's request for
clarification of the conditions of approval,and to delete the requirement to underground the existing
above-ground utility lines located on the north, east and west tract property lines.
SUMMARY:
A public hearing regarding this matterwas held bythe Planning Commission on February 11, 2004.
Tract Map 28610, previously know as the Strebe Tract, is a 20 lot,single-family subdivision on 6.98
acres. The project is the last parcel to develop in the vicinity. As an in-fill development, the site is
entirely surrounded by single family residential development. As part of the subdivision
improvements, the applicant relocated six electrical poles and related above ground wiring on
Tachevah Drive underground. The subdivision was designed to be served with underground
service.
Conditions of approval #24 and 25, which are attached, required that the developer underground
all utility lines prior to issuance of occupancy permits. These conditions require the underground
relocation of all existing utility lines, on or adjacent to the project site, that are less than 35kV in
size, as well as all new service required by the project. The developer, Matzner and Oliphant, is
seeking relief from these conditions. These conditions would require the applicant to relocate
underground nine additional poles located on the north, east and west property boundaries. The
conditions would also require the residences which are primarily located along Pasatiempo, and
which back to the project, to have their service connections relocated from the rear yards to front
yards. This would directly impact fourteen existing residences in the area.
The developer acquired the subject property after the Final Map and Subdivision Improvement
Agreement had been approved.The subject utilities were not shown on these documents,therefore
the developer was unaware of their concerns prior to purchasing the project.
As construction on the residences began, neighbors contacted the City, regarding concerns about
the requirement to under ground the electric utilities. The neighbors were of the opinion that all of
the existing above ground utility lines adjacent to the project site would be relocated underground
104
with the development of this project.
The applicant contends that the conditions of approval were vaguely worded, that neighboring
property owners have misconstrued the wording to incorporate all of the adjacent poles,that it was
never the City's intention to require all of the adjacent poles to be relocated underground, and that
such a large-scale underground relocation project would not be financially supported by a small-
scale, in-fill project. The applicant also contends that, based upon the July 8, 1998 Planning
Commission public hearing of the project, that only the undergrounding of poles located along
Tachevah Drive and those on lot #20 were required, and that they have complied with these
conditions. The applicant asserts that the conditions are generic and do not specify which, if any
poles,are to be allowed to remain above ground, and that the financial cost of such utility relocation
underground could not be borne by the project. Furthermore, that, if the applicant contends that
if they had fully understood this condition at the outset,they would not have purchased this project.
A neighborhood meeting was held on May 13, 2004, following the preparation of this report. The
City Council will be briefed on the results of that meeting.
BACKGROUND:
The project was approved by the Planning Commission on July 8, 1998 and by the City Council on
September 2, 1998.
A review of the Planning Commission minutes from July 8, 1998 indicates that, the underground
utility relocation requirementwas discussed and evaluated bythe Planning Commission.The scope
of the underground relocation of utilitieswas limited to thefrontage of the subdivision,located along
Tachevah Drive and existing north-south lines located on lot#20 and new service to that tract itself.
Planning Commission minutes from that meeting indicate that the utility relocation requirement,
including the underground relocation of additional utilities was discussed.The discussion, included
on page 10 of those minutes, was limited to discussion of those lines located along the frontage
of the subdivision, overhead lines running north/south across the east side of lot#20 and service
to the tract. Requirements to relocate any additional utilities, including those adjacent to the west,
and north property line, was not discussed at that meeting, and is not specifically referenced in the
conditions of approval.
As a point of reference and clarification, one pole that previously existed on lot #20 was
undergrounded, however, this resulted in a new pole being constructed immediately to the north
of the project site. The applicant further notes that one additional pole is intended to be removed
from lot# 17, following construction of new residences on lots# 17, 18 and 19. The applicant does
not believe that this will require the addition of another pole off-site.
ANALYSIS:
Originally, the project site included overhead lines along the north, south, east and west property
lines. The surrounding subdivisions were developed during a previous era before underground
relocation of utilities were required. As part of the subdivision improvements, the applicant
relocated and undergrounded six poles and existing lines located along Tachevah Drive.
It is the objective of the Palm Springs General Plan (Objective 8.2) that all new development
include: "Public infrastructure improvements which are compatible with and compliment
development." To this end, General Plan Policy 8.2.1 requires the underground relocation of all
100AOLIrm,
existing overhead utilities, including cable television, telephone, electrical lines of 35kV and under
and Policy 8.2.3 requires that all new development install all on-site utilities and connections to
distributions systems underground.
Section 8.0 of the Palm Springs Municipal Code (Building and Construction) contains provisions
which support these General Plan policies and objectives. Section 8.04.01 (New Construction) of
the Municipal Code specifically states that:
"No certificate of occupancy for new buildings or structures shall be issued unless or until
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 similarservice
wires or lines, which are on-site, abutting, and/or transecting, are installed underground.
When TM 28610 was approved by the City, the condition for requiring the underground relocation
of utilities was broadly written, and the development team's focus may have been placed on
undergrounding of proposed new electric utilities located along Tachevah Drive. These utilities
were installed during the first phase of the project with site improvements and infrastructure. In
addition, all new services interior to the tract were similarly installed underground when the project
infrastructure was improved.
The issue remaining is the existing lines located along the north, east and west boundaries.These
lines are not located on site, rather they are located on adjoining parcels. Some of the project's
neighbors appear to have had the expectation that electric utility poles in their yards, including the
above ground service drops to their respective existing residences, were going to be relocated
underground as part of the subdivision improvements.
The requirement to construct these additional improvements would require that work be conducted
off-site on adjacent parcels. In addition, new electric meters would be required and services would
have to be relocated to the front yards. SCE would require the relocation of the lines from the rear
yards to the front yards of the residences along Pasatiempo Road, as they do not permit
undergrounding in rear yards.
In terms of constructing the underground service to these fourteen residences, two methods of
service could be available. The first would connect to the existing service line closest to the
northwest corner of Tachevah Drive and Calle Rolph, run underground north on Calle Rolph, west
on El Mirador, south on Pasatiempo Road and provide service in the front yards of homes located
on the south side of that block.
A second way of routing the new electrical line would connect to existing service at the southwest
corner of the project, run west underground along Tachevah Drive, north on Avenida Caballeros,
east on El Mirador and south on Pasatiempo, and provide service in the front yards of homes
located on the south side of that block.
The applicant has hired a consultant which has analyzed the process of under grounding the
utilities. The consultant has estimated that in order to underground the utility lines, approximately
3,000 linear feet of new underground electric lines would be required, in addition new telephone
and cable lines would also have to be installed. The total estimated cost of the relocation of the
electric line alone is $1,155,000, or approximately $58,000 per unit, for each of the 20 proposed
residences.
ILAO
In addition to relocating the utility from rear yard to front yards, all of the off-site homes which are
served by the relocated lines would require under ground service connections and new electric
meters. Therefore, the it would be prohibitively expensive as each of these off-site residences are
presently served by aboveground service drops. While the objective of relocating such utilities is
highly desirable, and would result in the reduction of visual clutter, such a project would require
homeowner participation. These issues were briefly touched upon during the February 11, 2004
Planning Commission meeting,and will be discussed in greaterdetail atthe neighborhood meeting,
and will include the complexity of such a utility undergrounding program and the potential cost to
applicant and homeowners.
The prior applicant, the Strebe Trust, appears to have been focused upon underground utilities
along Tachevah Drive and should have, at the time of the original project approval, asked for
clarification language to exclude off-site under grounding of utility lines.
The applicant contends that the requirement for additional underground relocation of utilities would
provide an undue hardship for the applicant. Case history shows that if relief from this condition had
been requested at the time of application, it may likely have been granted by the Planning
Commission and City Council. The Engineering Department has reviewed and supports this
request.
CORRESPONDENCE
A number of letters were received on this issue. Including the petition, 15 area residence voiced
their opinions on this subject.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
An environmental assessment (dated June 12, 1998) was previously prepared from this project.
A Mitigated Negative Declaration was adopted by the City Council on September 2, 1998. All
property owners within 400 feet of the project site were notified of this meeting.
lLemwffwr �L
DOUGLA R. EVANS
Director of Planning and Zoning
City Manager
ATTACHMENTS
1. Vicinity Map
2. Site plan
3. Map of Utility Poles (Poles are denoted by X)
4. Correspondence
5. Planning Commission minutes of February 11, 2004 and July 8, 1998
6. Conditions of approval (September 2, 1998)
7. Resolution
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NOTICE OF PUBLIC HEARING
CITY COUNCIL
Tentative Tract Map 28610
An application by Matzner and Oliphant, a California General Partnership,
for relief from condition of approval #24, requiring the underground
relocation of above ground utility lines that are less than 35 KV, inclusive
of the powerline running north south through the eastern portion of Lot
#20, and those lines on or adjacent to this project, located on the north
side of Tachevah Drive, between Avenida Caballeros and Sunrise Way,
R-1-C zone, Section 11,
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold
a public hearing at its meeting of May 19, 2004. The City Council meeting begins at 7:OOp.m. in
the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California.
The purpose of the hearing is to consider an application by Matzner and Oliphant, a California
General Partnership,for relief from condition of approval#24, requiring the underground relocation
of above ground utility lines that are less than 35 KV, inclusive of the powerline running north south
through the eastern portion of Lot#20, and those lines on or adjacent to the project. The property
in question is located on the north side of Tachevah Drive, between Avenida Caballeros and
Sunrise Way, R-1-C zone, Section 11.
A Mitigated Negative Declaration was prepared for this project and was approved by the City
Council at its meeting of September 2, 1998.
The proposed application, site plan, and related documents are available for public review daily,
between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department,
located at 3200 Tahquitz Canyon Way.
If any individual or group challenges the action in court, issues raised may be limited to only those
issues raised at the public hearings described in this notice or in written correspondence at or prior
to the Council meeting.
Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the
subject property.An opportunitywill 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 & Zoning, (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
Gabriel Diaz telefono (760) 323-8245.
Patricia A. Sanders n �
City Clerk (/
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Ralph E.Nft ictick Ralph E,Hitchcock&Associates
37-876 Mountain Shadow Lane
Cathral;! & ASSOaEr25 Phone 760 City,
CI 24-9658 Fax:760-770-1909
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S October21,2003
Mr. Evan C. Matzner
Oliphant&Matzner
77-900 Ave,of the States
Palrn Desert, CA 92211
Subject: Utility Underground Conversions Assessment—Tract#28610, City of Palm Springs
Dear Sir:
Thank you for the opportunity to assist you with this project. Attached are my assessment
and invoice for services. If you require my assistance Wth the City staff or at any of their
policy meetings, please rail.
If 1 can assist with any other utility related issues, please call.
rohsinrei
E. Hitchcock
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Oliphant, M atm a r, a California General Partnership
77-900 Ave. of the States
Palm Desert, CA 92211
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November 3, 2003 o
Mr. Marcus Fuller �Nch��gti�944,
Senior Civil Engineer s
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Tract 28610—Overhead utilities
Dear Marcus:
This letter is in response to the correspondence I received regarding the remaining overhead
utilities to be undergrounded on Tract 28610.
To help me fully understand the implications of item #24 of the conditions of approval, I
retained the services of Ralph Hitchcock and Associates. Mr. Hitchcock is an expert in the
field of electrical utilities and, in particular, the City of Palm Springs as he was employed by
Southern California Edison for many years and oversaw much of this area,
am forwarding a copy of Mr. Hitchcock's letter to you for your review. Based on his
conclusions, I believe the previous developer completed the intended undergrounding of the
utilities running along Tachevah and that condition#24 has been completed.
I am unclear of the process you would now like me to undertake to identify that this item has
been addressed and no further construction activities need to be taken.
I would like to be able to call roof nail inspections into the Building Department at this point in
time. I hope you can release them to continue my inspections, and follow up with me as to
what course of action you would like me to take.
If you have any questions, you may contact me at(760) 275-7741.
Sin rely,
Evan C. Ma er
Project Manager
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�r A City of Palm Springs
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* Department of Public Works and Engineering
h ryc6*x�xareo,p� 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262
. C'9(/PC)RxA�P Tel: (760)323-8253 a Fax: (760)322-8360 • Web:www.ci.palm-springsxa.us
November 3, 2003 Via Facsimile: (760) 345-5501
Mr. Evan C. Matzner
Oliphant, Matzner, a California General Partnership
77-900 Ave. of the States
Palm Desert, CA 92211
Re: Tract 28610 Overhead Utilities
Dear Mr. Matzner:
I received your letter of November 3, and as we discussed on the telephone we will be processing
a minor modification to Tentative Tract Map 28610 to facilitate your request to waive the
requirement for undergrounding the existing overhead utilities along the west and north tract
boundaries. I greatly appreciate the information you provided to us from Ralph Hitchcock, and am
reasonably sure this information will assist the Planning Commission and/or City Council in
considering your request for the waiver.
The Planning Department is investigating the specific process by which to process your request.
As soon as I have information regarding application fee and processing, I will advise you. In the
meantime, I have advised the Building Department to allow you to proceed with construction of your
homes along the west and north boundaries, provided that no final inspection will be allowed nor
will side property line walls be constructed within the area where utilities would be undergrounded
along your Tract boundaries.
I would expect that we will be able to schedule your request within the next 1-2 months.
If you have any questions, I can be reached at (760) 323-8253, extension 8744.
Sincerely,""Marcus L. Fuller, P.E.
Senior Civil Engineer N
cc Doug Evans, Director of Planning&Zoning
Don DucKwortlt, Building&Safety Manager
Tr28610 fde
Post Office Box 2743 • Palm Springs, California 92263-2743
January 20, 2004
Mr. Douglas R. Evans,
Director of Planning and Zoning
This is in strong protest to the relief from condition of approval #24 requiring underground
relocation of ground utility lines on Tentative Track Map 28610. We live on Buena Vista, just 1
block from this development and I have been concerned about the health risks of a power pole
in our backyard for years. I have written the City Manager about removal of the power poles
from our neighborhood in the past but have not pursued the issue as 1 should have.
The poles are unsightly and in the event of an earthquake, our pool overflows. Should one of
the power lines ever snap during a quake, anyone in the back yard could be electrocuted. But it
is more than that. The power lines are potential silent killers of children. There has always been
concern about the risks of leukemia and some brain cancers in children when exposed to
overhead power lines. People who live near these power lines have historically higher
incidences of cancers, but researchers have been trying to disprove this for years.
In a major study by a John Moulder, Professor of Oncology at the Medical College in Wisconsin
shows that although the risk is minimal "there appear(s) to show a weak association between
exposure to power-frequency magnetic fields and the incidence of cancer." In a Canadian study,
exposure to power lines showed an association between the incidence of childhood leukemia
and some measures of exposure to power lines. Another study at Wertheimer reported an
excess of total cancer and brain cancer to those who live near power lines. (See insert below for
reference to the studies.)
We need to rid ourselves of this risk in our City, not increase it with more power lines. .
An ordinance is an ordinanceM We should not change ordinances just to accommodate
developers. They knew the requirements when they began this project and included it in their
costs. They should comply with the regulations of our city. I am confident the new owners will
not be happy if you changed the ordinance and subjected them to the risk of cancer, not to
mention the fact that they will have to look through and around these ugly poles and wires to see
the mountain in their back yard.
We urge the City not to approve this variance.
Patrl la unker, F. Dale Bolls Author: John Moulder,Professor of Radiation One(
14601 Buena Vista Drive, Medical College of Wisconsin Milwaukee,Wisc,U
PaImAprings, CA 92262 1-Jannary-2ooa
760 320 7851
kat3u:Nwww.tns��.ed�de�-cicnvi+�ewexlines-cat!ca,-
FAQ/1oc.hizn1#13
c: Mayor, City Council Members
M A U R E E N G I L M E R Landscape Communications
1127 No. Calle Rolph Palm Springs California 92262
Phone (760) 320-6753 fax (760) 320-6274 MoPlants.com mo@MoPlants.com
January 15, 2004
Mr. Alex Meyerhoff R E O E 1 V t D
Department of Planning &Zoning
City of Palm Springs JAN 2 3 2004
3200 E. Tahquitz Canyon Way Pionria-ly cc coning
Palm Springs, CA 92262
Dear Mr.Meyerhoff:
I received the Notice of Public Hearing on the Matzaer and Oliphant development on Tachevah,
Tentative Tract Map 28610, regarding relief from condition of approval#24. The condition
required under-grounding utilities on the east side of lot 20.
Lot 20 is a single lot not physically connected to the rest of the development, It was permitted to
have a six foot tall block all along Tachevah, which makes it one of only two homes in the area
with six foot walls street-side.
My home is directly behind lot 20 (east side) and I have just completed work on new front walls
which the City demanded I limit to 3 to 4 feet tall maximum despite the fact that my next door
neighbor to the north has a front wall is over five feet. So homes on either side, one new and one
old are permitted to have tall front walls. I understand that the north neighbor's high walls are
preexisting, but cannot understand the disparity regarding lot 20, Yet things like this happen and
I was happy to follow the planning department guidelines.
The power pole behind my house serves 3 different homes including mine and is an eyesore of
wires in my mountain view, but I realize it is unavoidable. But if Matzner and Oliphant are
relieved of condition 241 will have even more wires in my view. This lot 20 home already
enjoys privileges not granted to the rest of us in terms of its walls, so I believe that for the benefit
of myself and my immediate neighbors, we should not be forced to deal with its wires too when
the city already established they must be underground in the planning process.
I am not a big developer,just a local homeowner. But I know that the planning process
expressly deals with these issues, which is why condition#24 exists. To relieve this large
development company of its commitments to save money at the expense of my view seems
unfair.
Thank you in advance for any antion you giye this matter.
Sincerely,
IVIa"ureen`C llmer
� TO P
Aby
RE EIVPCa
Thomas G. Gertmenian 'JAN 2 G
1172 Pasatiempo 2004
Palm Springs, CA 92263 Picinnii y ,,,,,
January 22, 2004
Planning Commission of Palm Springs
Planning and Zoning Dept.
City Hall
3200 E. Tahquitz Canyon Way,
Palm Springs, CA 92263
RI;: CASE Tentative Tract Map 28610
Dear Sir,
If I understand correctly, the applicant has requested to approval for overhead wiring in an
area where a changeover to underground is planned.
I object strongly to overhead wiring because it is unsightly. If this is a request for an exception,
I urge you to deny the request.
Sincerely,
Thomas G. Gertmeniarn
200V
Curt Watts
1475 E. Palm Tree Drive
Palm Springs, CA 92264
February 11, 2004
City of Palm Springs Planning Commission
3200 E. Talnquitz Canyon Way
Patin Springs, CA 92262
RE: Public Hearing Item—February 11, 2004—TM28610
Dear Commissioners:
As a local resident with a special nrterest in seeing the undergrounding of as many as possible of the
current overhead utility lines around the City, I would like to make the following observations
regarding the request to delete this requirement for TM 28610:
1) Conditions of Approval#24 and#25 for the Project clearly state, "All existing and proposed
utility lines that are less than 3 5 kV. . . on/or adjacent to this project shall be undergrounded"
and"All proposed utility lines on/or adjacent to this project shall be undergrounded." It does
not appear that any claims that the Project sponsor would not have previously understood this
requirement seems unfounded.
2) While at first glance the estimated cost of$68,000 per unit for undergrounding may appear
excessive, the asking prices for these homes have risen dramatically since this project was
approved in 1998 and that increase is presumably well in excess of this added cost and/or
inflation of other building costs. Therefore, the sponsor's profit from the project would still
be well in excess of their original projections back in 1998.
3) If any"relief'is to be granted for the Project on this requirement it should only be a partial
relief whereby some portion of the estimated cost would he deposited into a City-held
account for use on future undergrounding projects throughout the City. If we don't begin to
address this condition now while local development is soaring, we may never have a viable
chance of addressing it in the future.
Thank you for your consideration.
bAls""O
Curt Watts
�q 6 ( cD
February 18,2004
N , .
Palm Springs City Council
3200 E.Tahquitz Canyon Way
Pahn4prings,CA 92262
Dear Palm Springs City Council:
SUBJECT:
This is an appeal to reverse the February 11th, 2004 decision of the Palm Springs Building Department to
allow Matzner and Oliphant, a California General Partnership, relief from condition of approval 424,
requiring underground relocation of above ground utility lines that are less than 35 KV, inclusive of the
powerline running north south through the eastern portion of Lot#20,and those lines on or adjacent to this
project, located on the north side of TaChevah Drive, between Avenida Caballeros and Sunrise Way, R-1-C
Zone,Section 11.
We, the following residents, would like to have the owners of the tract keep their promise to underground
utilities as they signed to do when they received approval for the project. At least some of the powerlines are
on their land,although they have built a fence set approximately 1-2 feet back within their boundaries so that it
would appear that the powerlines are not on their land. They have not transferred ownership of the strip of
land in front of their fence to any of the residents that we know of
Respectfully,
NAME ADDRESS
3as - Mar aelo fie- it-71 Pasad'
`f7�oz Q
t
8.04.401 New construction.
No certificate of occupancy for new buildings or structures shall be issued unless or until
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, are 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.
(Ord. 1316 § 1, 1988: Ord. 1306 § 1, 1988: Ord. 1124§ 1 (part), 1981)
8.04.402 Existing development.
(a) Utility lines of less than thirty-five kV and overhead service drop conductor(s), including
all lines on-site, abutting and transecting shall be placed underground when existing
buildings or structures are remodeled or expanded where the modification increases the
building footprint(exclusive of porches and patios) of an existing structure by more than
ten percent for multifamily, commercial and industrial uses and by more than forty percent
for single-family use unless undergrounding is deferred pursuant hereto. Deferral may be
permitted by the director of public works under the following circumstances: (i)if the length
of line to be undergrounded is less than three hundred lineal feet; or(ii) if the cost of
undergrounding would be excessive in comparison to the value of the improvements being
constructed and be a financial hardship; or(iii) if there are alternative methods of
accomplishing the undergrounding; or(iv)there is limited public benefit to the
undergrounding.
(b) The overhead service drop conductors shall be placed underground when existing
buildings or structures are repaired, remodeled or expanded where the value(as
determined for building permit fee purposes by the building code of the city) of such
repairs or remodeling or expansion in any calendar year exceeds the assessed Valuation
of,the building or structure, or the amount of twenty thousand dollars, whichever is less.
The undergrounding of utilities may be waived or deferred by the director of planning and
zoning under the following circumstances: (i) if the cost of undergrounding would be
excessive in comparison to the value of the improvements being constructed and be a
financial hardship; or(ii) if there are alternative methods of accomplishing the
undergrounding; or(iii)there is limited public benefit to the undergrounding.
(c)Wherever in this section deferral of undergrounding is approved, a covenant shall be
recorded, running with the land and setting forth the circumstances under which
undergrounding shall be required and giving enforcement rights to the city.Among other
provisions the covenant shall provide that the covenantor shall waive any right to protest
the establishment of any undergrounding assessment district or other area-wide method of
funding such undergrounding including any obligation to reimburse other parties for their
respective share of such undergrounding cost. The city shall retain the right to
underground such utilities and to receive from covenantor their respective share of such
cost, and to establish a lien against the property should covenantor not pay such funds
following reasonable notice. (Ord. 1518 § 1, 1995: Ord. 1316§2, 1988: Ord. 1306 §2,
1988: Ord. 1124 § 1 (part), 1981)
i
Page 4 of 8
Planning Commission Minutes
February 11 2004
PUBLIC HEARINGS:
TTM 28610 - Application by Matzner & Oliphant, a California General Partnership, for relief from
conditions of approval #24 and #25, requiring the underground relocation of above-ground utility
lines that are less than 35kV, inclusive of the power line running north-south through the eastern
portion of Lot 20, and those lines on or adjacent to this project, located on the north side of
Tachevah Drive, between Avenida Caballeros and Sunrise Way, R-1-C Zone, Section 11.
Commissioner Conrad abstained due to a property ownership conflict of interest and she left the
meeting.
Alex Meyerhoff, Principal Planner, reported that today's request regarding the approved Tentative
Tract Map (formerly known as the Strebe Tract and approved in 1998) is to clarify some of the
Conditions of Approval specifically those concerning the undergrounding of utilities. He called
attention to correspondence received from neighborhood members. He stated the the applicant
has estimated that the remaining undergrounding would cost approximately $1.1 million. He
reviewed site plans and an aerial map reflecting the locations of the utility poles for the project
which takes its frontage on Tachevah Drive. He reported that staff's field analysis showed that
remaining, existing poles are offsite from the project; although abutting. He clarified that the
subject development is fully serviced by undergrounded utilities and that the existing poles provide
service to residences to the north in addition to the residential unit directly to the north.
Chairman Shoenberger opened the Public Hearing. .
Mr. Ralph Hitchcock, RH Consulting, addressed the Planning Commission to state that he worked
for 35 years with Southern California Edison (SCE) regarding project designs and with cities
regarding the operations of these systems. He stated that he is the utility consultant for the project
and that he agrees with the intent of the Conditions of Approval; however, he feels some issues
need to be clarified. He noted that the utilities were undergrounded on Tachevah Drive for the
subject project at an approximate cost of between $175,000 and $200,000. He noted that the new
undergrounded line is the source of feed for transformers for this tract (noting that SCE requires
street access for construction, etc). He stated that the developer has done what is doable and
practicable and that, due to the extreme costs of proposed further undergrounding, and the fact
that it is a requirement for them to do work on another's property, he asked the Planning
Commission to relieve the project and developer from further undergrounding of utilities.
Ms. Patricia Yunker, addressed the Planning Commission to state that she strongly opposes the
relief from Conditions of Approval requiring undergrounding of utilities. She stated that she
purchased her home 15 years ago and only recently discovered that a power pole is located in the
backyard. She stated that she is concerned regarding the existence of any poles in the area and
urged the Planning Commission to deny relief from approved Conditions of Approval.
Ms. Maureen Gilmer addressed the Planning Commission to state that her house abuts the single
family residence which abuts the subject project. She stated that her neighbor has a block wall six
feet in height; however, when she recently applied to the City for a similar wall, she was told that
3.5 feet in height is the maximum allowable which she stated is unfair. She stated that, if this
developer does not underground the utilities, she'll have even more wires connected to the already-
1f6
�I
Page 5 of 8
Planning Commission Minutes
February 11, 2004
busy pole at the rear of her property to serve a $750,000 residence—a situation she felt would be
unfair.
Ms. Marguerite Bane addressed the Planning Commission to state that it seems to her that any
land abutting the subject development should have the utilities undergrounded. She stated that
the applicant understood the Conditions of Approval before any of the million-dollar homes were
built and agreed to abide by them. She questioned the location of the construction of the subject
development's fence which places the poles on the outside of the development. She asked for
clarification of the ownership of the property where the poles are located. She stated that she felt,
since the developer originally agreed to do the undergrounding, he should be held to that.
Mr. Paul Van Nies addressed the Planning Commission to state that existing poles, which he
believed would be undergrounded, diminish the view in his neighborhood. He stated that the
neighborhood wishes to have all utilities undergrounded.
There being no further appearances, the Public Hearing was closed.
Staff clarified that the existing utility poles are abutting the subject property and are on a lot which
was created for an existing single family residence at the time the subdivision was created.
Planning Commissioners asked Mr. Hitchcock to return to the podium to answer several questions.
Mr. Hitchcock reported that any neighborhood in the City that wishes to have utility poles removed
and utilities undergrounded can form an assessment district to have the work done; however, in
his experience, the costs are usually more than property owners wish to commit to. He explained
that in a Rule 20A normal conversion district, the cost of undergrounding utilities is at the expense
of the property owner and costs can be from$1,200 to$2,000 to bring a line from the front property
line to the house. He stated that an overhead easement to accommodate the original placing of
the existing poles would overlap properties and that, in reality, the position of the guiding facilities
on the subject property was somewhat arbitrary as SCE may choose to put a pole on a particular
property for which the pole does not service. He stated that, at the time of project approval, the
developer undergrounded those poles for which they thought they had to at the time. He stated
that to underground the remaining poles would be cost prohibitive because of the distance the lines
would have to moved (approximately 1,300 feet).
At Chairman Shoenberger's request, Mr. Evan Matzner addressed the Planning Commission. He
stated that he came into the project approximately one year ago and met with the City Planning,
Building, and Engineering staff as part of the project's due diligence and this issue was not brought
up prior to the purchase. He stated that the language in the original Conditions of Approval was
not clear enough and that the original grading plans show that the overhead poles on the Tachevah
Drive frontage are to be removed and the utilities on the other side were to stay overhead.
Commissioner Matthews suggested that more research be done regarding the property on the
eastern side of the development prior to City Council review and consideration.
M/S/C(Matthews/Grence 6-0, 1 abstain)to grant relief from Conditions 24 and 25 due to excessive
cost.
Planning Commission Minutes
July 8, 1998 - Page 8
Case 5.0782 - Redesignation of Tachevah Dr. & TTM 28610 - Strebe Trust - Cont'd
Plan Amendment be approved; that staff has conducted an environmental
assessment and feels that potential concerns can be mitigated to a level of
insignificance; that property owners within a 400-foot radius of the proposed
subdivision were notified, as well as a 114 page ad placed in the Desert Sun for
the General Plan Amendment; that most callers preferred seeing Tachevah
remain a two-lane street; and staff recommends widening the cul-de-sac to a
minimum of 36-foot pavement width to allow for parking on both sides of the
street, and that the Planning Commission recommend approval ofTTM 28610 and
General Plan Amendment 5.0782 through adoption of the attached resolution
with conditions as amended.
Discussion followed regarding impact on existing properties, dimensions of
existing and proposed lots, access to the proposed flag lots, comparison of
collector/secondary streets, hospital and school related traffic on Tachevah, safety
issues, and increasing the width of the cul-de-sacs to allow for
parking/emergency vehicle access.
Director stated that because of the lot sizes in the existing single family areas, it
is doubtful that any of the properties would desire an addition large enough to .
trigger a dedication requirement, so that if the City were to require the rights-of-
way for a secondary thoroughfare, they would have to be purchased for most of
the properties in order to expand the street; that the City Engineer is comfortable
with flow of emergency traffic on Tachevah if it remains a two-lane street, with the
additional stop signs as recommended; and staff feels that downsizing this
roadway is in the best interest of the motorists and neighborhood, as traffic
typically will slow down on a two-lane roadway as compared to a four-lane,
creating a better residential street.
Public Hearing opened.
Marvin Roos, Mainiero Smith & Assoc., stated that the existing Strebe home will
occupy two lots in the subdivision; that because of its dimensions the property did
not lend itself to a normal subdivision or deep lots and they chose to do a
modification; that the overlay for an easement was done so they could
accommodate the Fire Department; that they concur with condition #40 (no
individual driveways on Tachevah), except for the flag lots at the east end,
requiring that the condition be clarified to provide for direct access; condition #49
(CC&R's) - they agree to submitting portions relative to issues of concern to the
City, and requests support of the project.
/ode
Planning Commission Minutes
July 8, 1998 - Page 9
Case 5.0782 - Redesignation of Tachevah Dr. & TTM 28610 - Strobe Trust - Cont'd
Mr. Roos responded to questions by Commissioners by stating that the existing
condition is narrower than it will be if all street improvements are put in
(approximately 26 feet of asphalt now, and ultimately there will be 40 feet, in
addition to sidewalks) and will be much safer as a collector street than it is now,
and better than a secondary thoroughfare that reduces front yards of existing
properties; described a landscape parkway condition along Tachevah, including
walls and desert landscape; they request that lots nos. 17, 18, 19 and 20 be
exempt from condition no. 40; and request 26 feet curb-to-curb for the cul-de-
sacs, or 32-foot maximum.
David Grace, 1225 Pasatiempo Rd., stated that he respects the property owner's
right to develop the land, however not at the expense of those currently residing
in the immediate area; that his property is located along a portion of the north
boundary of the project, and construction directly behind his house will destroy his
view that he has enjoyed for 13 years and referred to efforts of Mayor William
Kleindienst to secure his own quality of life; that he (Grace) is unable to make
such things happen, but he would like to make arrangements to purchase the land
directly behind his property; that he does not understand why we need 20
additional houses in the area when his survey reflects that approximately 74
houses are for sale in a wide range of prices, excluding condominiums; that the
subdivision will reduce the value of his property; and requests that the application
be denied until there is a real need for additional housing.
Gretchen Chadwick, 1155 Paseo El Mirador, expressed concern that Paseo El
Mirador would become the route to the hospital if traffic on Tachevah should
become too busy for additional hospital related traffic.
Barbara Hutchins, 1120 Linda Vista Road, stated that she approves of the
application, as the property is currently an eyesore, with no sidewalks, and is
concerned about the present level of safety for the children; that it will increase
rather than decrease the property values; that she is not concerned about El
Mirador, as there are less sirens now than previously; and is she is unclear about
the number of cul-de-sac entries off Tachevah Drive.
There being no further appearances, the public hearing was closed.
In response to comments during the public hearing, Director stated that the
ambulance traffic on Tachevah should not change, and that there will be four
houses accessing Tachevah from each of the four new cul-de-sacs.
Planning Commission Minutes
July 8, 1998 - Page 10
Case 5.0782 - Redesignation of Tachevah Dr. & TTM 28610 - Strebe Trust - Cont'd
In response to questions by Commissioners, David Barakian, City Engineer,
stated that the sidewalk will end at the easterly intersection (Calle Rolph) with a
ramp, and at the west end the sidewalk will extend only to the property line and
stop; it could be made to ramp, and this can be evaluated; that utility-lines will be
undergrounded across the frontage of the subdivision, including the existing
overhead lines running north/south across the east side of lot 20, as well as new
service to the tract itself.
Director stated that the setbacks should be measured from the curbline and not
from the centerline of a private easement, and even with widening the streets the
buildable lots will be 100' x 100', which is minimum R-1-C standard, and suggests
that on the private streets in the cul-de-sac that the minimum setback be the
traditional cul-de-sac setback of 20 feet, and suggested adding a condition to
specify the setbacks. The Fire Marshal has a concern regarding street width along
private streets, and the Fire Department desires 17 feet of free, uninterrupted
travelway; that City standards are 32 feet for parking on one side, and 36 feet for
parking on both sides; staff feels that the hillside cul-de-sac standard is adequate
for this street, and the City Engineer is recommending the full standard cul-de-
sac, which would require an additional 6 feet. Regarding condition no. 40, it was
not staffs intention to prohibit those lots from having access; regarding condition
no. 49, the standard condition from the City Attorney states that only changes to
the sections of the CC&R's pertaining to the City require notification; that this is
a non-architectural, single family subdivision, and in the past the City has not
required streetscapes or a wall program and has allowed lots to be developed
individually much like the neighborhood with minimum code requirements; and
that the applicant will make every effort to keep the fire hydrants on the public
street, as conditions of approval require a fire hydrant within 250 feet of
construction.
Chairman Mills stated that since the streetscape consists of only sideyards, that
at a minimum there should be a common material for the sideyard walls facing
Tachevah; that due to the configuration of the cul-de-sacs, he is in favor of the
80-foot cul-de-sac and 30-foot streets (including easements) as approved by
engineering; that he is pleased to see the property which has been an eyesore
for a long time being developed as single family residential to build up the newer
housing market in a strong neighborhood.
Marvin Roos stated that it was their intent to have the above suggestion by
Chairman Mills in the CC&R's for wall and landscape materials.
Planning Commission Minutes
July 8, 1998 - Page 11
Case 5.0782 - Redesignation of Tachevah Dr. & TTM 28610 - Streee Trust -
Cont'd
M/SIC (Raya/Fontana; 7 - 0) approved filing of the negative declaration and
the tract map, and General Plan Amendment, subject to conditions of
approval in the staff report, with the following additions/modifications:
.1
1) The CC&R's shall include specifications for the material, location and
height of perimeter walls, street side landscape and private street
maintenance, private street lighting (if any) and any parking
restrictions;
2) That Condition No. 40 does not apply to lots 17, 18, 19 and 20;
3) Minimum setbacks shall be 20 feet from face of curb -private streets;
25 feet from property line on Tachevah Drive; 10 feet - interior
sideyard; and 15 feet - rear yard;
4) Street width of 26 feet as submitted, and cul-de-sac at 80 feet.
5) Curb ramp meeting current California Accessibility standards at the
western terminus of the subdivision.
w w w w w
CASE 5.0778-CUP -Application by NEAL PATLER for a Conditional Us ermit (CUP)
to allow a cocktail lounge at the property located at 200 So Indian Canyon
Drive, C-2 Zone, Section 14.
Ray Balderas, Planner, presented the staff report stated that the City Council
will be considering a Resolution of Convenien and Necessity; that applicant is
currently operating a restaurant/bar (Ca
' emo's) and upgrading his license
from Type 47 (which requires serving din order to have the bar) to Type 48
(does not require serving food); a cant submitted a letter stating that it is his
intent to continue the food se ' , with hours of operation to remain the same;
that there are currently othe rs and cocktail lounges in the area;that conditions
in staff report include the lighting for the westerly parking lot (facing Indian
Canyon) be brou to conformance, and that applicant has reviewed and is in
agreement wi a conditions. Staff received one inquiry about the application
in respon to the notification of property owners within 400 feet, and staff
recom nds approval subject to the conditions in staff report.
ncerns of Commissioners included of clarification of the licensing and number
of bars/cocktail lounges in the immediate area.
,$,oTBA G-M
• lose P 'jyoo Date—?!f 1 .Initial
APPHOV[D BY CITY
Dane Date
COUNCIL
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EXHIBIT A eaenlubm *P''"d(93 rdin2rzP
APPnOVAL 9UDIECT TO ALL ftC4UIRE('
TENTATIVE TRACT MAP NO. 28610 nNniTIgNS 8Y tROVF gr,F-
North side Tachevah Drive between Ave. Caballeros & Sunrise
Way
September 2, 1998
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed
below shall be completed to the satisfaction of the City
Engineer, the Director of Planning, 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.
ENGINEERING:
STREETS
1. Any improvements within the street right-of-way
require a City of Palm Springs Encroachment Permit.
Work shall be allowed according to Resolution 17950 -
Restricting Street Work on Major and Secondary
Thoroughfares.
2. Submit street improvement plans prepared by a
Registered Civil Engineer to the Engineering
Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any grading or building
permits.
Minimum submittal shall include the following, IF
applicable:
-- A. Copy of signed Conditions of Approval from
Planning Department.
/B. ) Street Vacation plat and all applicable
agreements and improvement plans approved by
City 'Engineer, IF applicable.
C. Proof of processing dedications of right-of-way,
easements, ,encroachment agreements/licenses,
covenants, reimbursement agreements, etc.
required by these conditions.
TACREVAB DRIVE
3. Dedicate a half street right-of-way of 44 feet along
the entire frontage of the subject property (AP# 507-
110-009) . However, if at such time that General Plan
' - Amendment 5.0782 is approved by the City Council, the
required dedication for this property shall be
reduced to a 30 foot half street width.
4. Construct a 6 inch curb and gutter, 32 feet NORTH of
centerline along the entire frontage, with 35 foot
radius curb returns at the PRIVATE STREETS corners of
the- subject property and the Northwest corner of
TACHEVAH DRIVE and CALLE ROLPH per City of Palm
Springs Standard Drawing No. 2p0. However, if at
such time that General Plan Amendment 5.0782 is
approved by the City Council, the required curb and
gutter shall be constructed at 20 feet NORTH of
centerline along the entire frontage.
S. -Construct the WEST half of a 6 foot cross gutter and
spandrel at the intersection of TACHEVAH DRIVE and
CALLE ROLPH with a flow line parallel to the
centerline of TACHEVAH DRIVE on accordance with City
of Palm Springs Standard Drawing Nos. 200 anda206.
6. The driveway approaches shall be onto the cul-de-
sacs. Lots 17 and 18 shall access the 30 foot wide
strip portion of Lot 17 and Lots 19 and 20 shall
access the 20 foot wide strip portion of Lot 19. The
driveway approach for Lot 17 and 19 at Tachevah Drive
shall be constructed in accordance with City of Palm
Springs standard Drawing No. 201 and have minimum
widths of 10 feet.
7. Construct a minimum 5 foot wide sidewalk behind the
curb along the entire frontage in accordance with
City of Palm Springs Standard Drawing No. 210.
8. Construct curb ramps meeting current California State
Accessibility standards at BOTH SIDES OF PRIVATE
STREETS AND AT THE WESTERN TERMINUS OF THE
SUBDIVISION per City of Palm Springs Std. Dwg. Nos.
212 and 212A.
9. Remove and replace existing pavement with a minimum
pavement section of 3 inch asphalt concrete pavement
over 6 inch aggregate base with a minimum subgrade of
24 inches at 95- relative compaction, OR equal, from
edge of proposed gutter to centerline along the
entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 AND 330. The
pavement sectionrshall be designed, using "R" values, .____
1�
by a licensed Soils Engineer and submitted to the
City Engineer for approval.
PRIVATE STREETS
10. Construct a 6 inch concrete wedge curb, 13 feet BOTH
SIDES of centerline along the entire frontage of the
subject property per City of Palm Springs Standard
Drawing No. 200.
11. All on-site cul-de-sacs shall be constructed in
accordance with City of Palm Springs Standard Drawing
No. 101, curb portion only.
12. The minimum pavement section for all on-site
streets/parking areas shall be 2-1/2 inch asphalt
concrete pavement over 4-inch aggregate base with a
minimum subgrade of 24 inches at 95�; relative
"- compaction, OR equal. The pavement section shall--be
designed, using "R" values, determined by a licensed
Soils Engineer and submitted with the Fine Grading
Plan to the City Engineer for approval.
SANITARY SEWER
13 . Connect all sanitary facilities to the City sewer
system. Laterals shall not be connected at manhole.
Laterals in Private Streets shall be maintained by
the HOA. Lots on each cul-de-sac shall connect to
main lateral which shall have a wye connection into
the existing sewer main. Lot 1B shall connect to main
lateral for Lot 17 and Lot 20 shall connect- to main
lateral for Lot 19.
GRADING
14. A copy of a Title Report prepared/updated within the
- . . past 3 months and copies of record documents shall be
submitted to the City Engineer with the first
submittal of the Grading Plan.
15. Submit a Grading Plan prepared by a Registered
Professional to the Engineering Division for plan
check. Grading plan shall be submitted to the
Planning Department for comments prior to submittal
to the Engineering Division. The Grading Plan shall
be approved by the City Engineer prior to issuance of
any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments.
B. Copy of signed Conditions of Approval from
Planning Department.
C._ ' Copy of Site Plan 'stamped approved and signed by
the Planning Department.
D. _ Copy of, Title Report prepared/updated within
past 3 months.
E. Copy of Soila Report, IF required by these
conditions.
F. Copy of the General Construction Activity Storm
Water Permit from the State Water Resources
Control Board (Phone No. 916 657-0687) to the
City Engineer prior to issuance of the grading
permit.
1-6. Drainage swales shall be provided adjacent to -all
curbs and sidewalks - 31 wide and '61, deep - to keep -
, nuisance water from entering the public streets,
roadways, or gutters.
17. Developer shall obtain a General Construction
Activity Storm Water Permit from the State Water
Resources Control Board (Phone No. (916) -657-0687)
and provide a copy of same, when executed, to the
City Engineer prior to issuance of the grading
permit.
18, In accordance with City of Palm Springs Municipal
Code, Section 8.50.00, the developer shall post with
the City a cash bond of two thousand dollars
($2,000.00) per acre for mitigation measures of
erosion/blowsand relating to his property and
development.
19. A soils report prepared by a licensed soils Engineer
shall be required for and incorporated as an integral
part, of the grading plan for the proposed site. *A
copy of the soils report shall be submitted to the
Building Department and to the Engineering Division
along with plans, calculations and other information
subject to approval by the City Engineer prior to the
issuance of the grading permit.
20. Contact the Building Department to get PM10
requirements prior to request for grading permit.
D ASNAGE
21. The developer shall accept all flows .impinging upon...__,.
his land and conduct these, flows to an approved
drainage structure. On-site retention/detention or
other measures approved by the City Engineer shall be
required if off-site facilities are determined to be
unable to handle the increased flows generated by the
development of the site. Provide calculations to
determine if the developed Q exceeds the capacity of
the approved drainage carriers.
An underground conduit shall be constructed to carry
water within the drainage easement on.the east side
of Lot 20.
22. The -project is subject to flood control and drainage
implementation fees. The acreage drainage fee at the
present time is $9,212.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a
building permit.
GENERAL
23 . Any utility cuts in the existing off-site pavement ,
made by this development shall receive trench
replacement pavement to match existing pavement plus
one additional inch. See City of Palm Springs
Standard Drawing No. 115. Pavement shall be restored
to a smooth rideable surface.
24. All existing and proposed utility lines that are less
than 35 kV (inclusive of the power line running
north/south through the eastern section of Lot 20)
on/or adjacent to this project shall be
undergrounded. The location and size of the existing
overhead facilities shall be provided to the
Engineering Division along with written confirmation
from the involved utility company(s) that the
required deposit to underground the facility(s) has
been paid, prior to issuance of a grading permit.
All undergrounding of utilities shall be completed
prior to issuance of a Certificate of Occupancy.
25. All proposed utility lines on/or adjacent to this
project shall be undergrounded prior to issuance of a
Certificate of Occupancy.
26. The developer is advised to contact all utility
purveyors for detailed requirements for this project
at the earliest possible date.
27. Nothing shall be constructed or planted in the corner
cut-off area of any driveway which does or will
exceed the height required to maintain an appropriate
sight distance per City of Palm Springs Standard
Drawing No. 203.
2B. 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 Engineering specifications.
KAP
29. The 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 Parcel Map or Final Map to the Engineering
Division for review and approval with the Grant Deed.
30. The Title Report prepared for subdivision guarantee
for .the subject property and the traverse closures
for the existing parcel and all areas of right-of-way,
or easement dedication shall be submitted to the City
Engineer for review and approval with the Grant Deed.
31. The existing lots or parcels shall be divided.
Reciprocal access and utility easements shall be
granted on the Final Map. The developer shall submit
a tract map prepared by either a Registered Civil
Engineer or a Licensed Land Surveyor to the
Engineering Division. This condition shall be
complied with before issuance of grading or building
permits.
TRAFFIC
32. Per the traffic study done by Endo Engineering dated
May 1, 1998, a definitive recommendation (General
Plan Amendment) shall be made regarding the TACHEVAH
DRIVE designation/classification and limits.
33. The developer shall provide a minimum of 48 inches of
'sidewalk clearance around all street- furniture, fire
hydrants and other above-ground facilities for
handicap accessibility. The developer shall provide
same through dedication of additional right-of-way
and widening of the sidewalk or shall be responsible
for the relocation of all existing traffic
signal/safety light poles, conduit, pull boxes and
_ all appurtenances located on the TACHEVAH DRIVE
frontage of the subject property.
34. A 30 inch "STOP" sign and standard "STOP BAR" and
"STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 626-626 at the---- '
following locations:
ALL PRIVATE STREETS @ TACHEVAH DRIVE
35. 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
1
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
WORM ZONES" dated 1990, or subsequent additions in
force at the time of construction.
36. This property is subject to the Transportation
Uniform Mitigation Fee based on the RESIDENTIAL
SINGLE FAMILY DETACHED ITE Code B land use.
PLANNING:
37. Approval of Tentative Tract Map No: 28610 is granted -
subject to approval of General Plan Amendment No.
5.07B2. If General Plan Amendment No. 5.0782 is not
approved, then an Administrative Minor Modification
application will be required ' to be reviewed and
approved by the Director of Planning and Building per
Section 9406.01 of the Zoning Ordinance for the
reduced lot depths of lots 1, 4, 5, 8 and 9 prior to
approval of the Final Map.
38. Future development on 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.
38a. 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 TTM 28610.
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
£undo:. to pay for defense of the matter by the City
Attoniay. 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 Perein, except, the City's decision
to settle or abandon a matter following an adverse
/619-3�
judgment or' failure to appeal, shall not cause a
waiver of the indemnification rights herein.
39. Pursuant to Fish and Game Code Section 711.4 a filing
fee of $78.00 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 ouch 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.
40. Individual driveways ' shall, not be - permitted - on
Tachevah Drive. Shared driveways shall have on-site-
turn around capabilities, to the satisfaction of the
Director of Planning and Building. This shall be
noted in the C, C & R's. (This condition does not
apply to lots 17-20) .
41. The C. C, & R's shall specify proposed methods of
maintenance for the proposed private streets and
common landscaped areas, to the satisfaction of the
Director of Planning and Building.
42. The final design of the private cul-de-sac streets
shall be reviewed by the Director of Planning and
Building and the City Engineer prior to approval of
the Final Map. A rolled curb shall be used to
identify the cul-de-sacs as private streets.
Sidewalks shall not be required on the private cul-
de-sac streets. Any future plans to provide gated
access to the private cul-de-sac streets or the
shared driveways shall be reviewed by the Director of
,. .Planning and Building and the Fire .Department prior
to installation of the gates.
43. Minimum building setbacks for future development
within the subdivision shall be identified in the C,
C and R's, as follows:
a. Private Streets - 20 feet (from face of curb) ;
b. Tachevah Drive - 25 feet (from property line) ;
C. Interior side yard - 10 feet; and
d. Rear yard - 15 feet.
All other applicable development criteria from
Section 9201.00 of the Zoning Ordinance (for the R-1-
C zone) shall apply to the future development of this
subdivision.
r
44. 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 negative declaration or -EIR
will be included in the plans prior to Planning
Commission consideration of the environmental
assessment.
45. Final landscaping, irrigation, exterior lighting, and
fencing plans shall be submitted for approval by the
Department of Planning and Building. prior to issuance ,.
of a building permit. Landscape. plans shall be
approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
46. 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 and
Building for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60
of the Municipal Code for specific requirements.
47, 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.
48: 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. "
49. Drainage swales shall be provided adjacent to all
curbs and sidewalks - 3' wide and 6" deep. The
irrigation system shall be field tested prior to
final approval of the project. Section 14.24.020 of
the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
50. The applicant prior to issuance of final map approval
shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the
Director of Planning and Building for approval in a
form to be approved by the City Attorney, to be
recorded prior to issuance of occupancy permits. The
CC&R's shall include specifications for the material,
location and height of perimeter walls, street side
landscape and private street maintenance, private
street lighting (if any) and any parking
restrictions. The CC&R's shall not be amended without
City approval, shall be enforceable by the City,
shall require maintenance of all property in a good
condition and in�saccordance with all ordinances, with
lien rights.
1Ur�3a�
The applicant shall submit to the City of Palm
springs, a deposit in the amount determined by the
City Manager, for the review of the CC&R's by the
City Attorney.
_ 5.1. Any future roof mounted mechanical equipment shall be
screened from all possible vantage points both_
existing and future per Section 9303.00 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.
52. Perimeter walls shall be designed, installed and
maintained in compliance with the corner cutback
requirements as required in Section 9302.00.D.
53. 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 feeing being
1/2% for commercial projects or 1/4*� for residential
projects 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 and Building 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.
54. It shall be noted in the C, C & R's that trash cans
shall be screened from view and kept within fi.fty(50)
feet- of the street.
POLICE DEPARTMENT:
55. Developer shall comply with Section II of Chapter
8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT:
56. Prior to any construction on-site, all appropriate
permits must be secured.
I
0 030
FIRE DEPARTMENT:
57. The private cul-de-sac -streets -shalll be designed with
a minimum turning radius of 40 feet, the standard -
typically used for hillside development.
58. Residential fire hydrants are to be within 250 feet
of all construction. Fire flow shall be based upon
type 5 construction and spare .footage of structures
no exceeding 3,600 square feet. -
a 3V
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned Executive Services Specialist of the City of Palm
Springs, California, do hereby certify that a copy of the Notice of
Public Hearing before the City Council of the City of Palm Springs, in
conjunction with Tentative Tract Map 28610, an application by
Matzner and Oliphant, a California General Partnership, for relief from
condition of approval #24, requiring the underground relocation of
above ground utility lines that are less than 35 KV, inclusive of the
powerline running north south through the eastern portion of Lot #20,
and those lines on or adjacent to this project, located on the north side
of Tachevah Drive, between Avenida Caballeros and Sunrise Way, R-
1-C zone, Section 11, was mailed to each and every person set forth
on the attached list on the 5th day of May, 2004. A copy of said Notice
is attached hereto. Said mailing was completed by placing a copy of
said Notice in a sealed envelope, with postage prepaid, and
depositing same in the U.S. Mail at Palm Springs, California. (190
notices mailed)
I declare under penalty of perjury that the foregoing is true and
correct.
Dated at Palm Springs, California, this 5th day of May, 2004.
e
✓/ 1,� 'i
VI BOYLE
Executive Services Specialist
1�
Case No. TTM 28610 - Matzner& Oliphant General Partnership - Labels 1-4-04 Page 1 of 8
507 123 008 507 123 009 507 123 010
Ross Frisbie&Donald&V Park John Crickett William Markley
1114 N Calle Marcus 1915 1/4 Apex Ave 1134 N Calle Marcus
Palm Springs, CA 92262 Los Angeles, CA 90039 Palm Springs, CA 92262
507 123 015 507 124 003 507 124 004
Leonard Wolf Jr. &Lucile Kearse Petersen Katherine E&Petersen Raymond Drummond&Carole Drum
1109 N Sunrise Way 4639 W Rosecrans Ave 1153 N Calle Marcus
Palm Springs, CA 92262 Hawthorne,CA 90250 Palm Springs, CA 92262
507 124 005 507 124 006 507 124 007
Maria.Nichols Dennis Castle Paul Pressman&Bruce Wishnefsky
145 Divisadero St 1127 N Calle Marcus 1111 N Calle Marcus
San Francisco, CA 94117 Palm Springs, CA 92262 Palm Springs,CA 92262
507 124 008 507 124 009 507 124 010
Moses Abraham Cohen Jane Lawrence Ralph&Beverly Watt
213 Country PI#150 1128 N Calle Rolph 1134 N Calle Ralph
Sacramento, CA 95831 Palm Springs, CA 92262 Palm Springs,CA 92262
507 124 011 507 1 4 012 507 124 013
Scott&Angela Ruth Davis James Ma een Gilmer John&Cynthia Hatsios
1150 N Calle Rolph 1127 N le Rolph 1180 N Calle Ralph
Pal in Springs, CA 92262 Palm rin s, CA 92262 Palm Springs, CA 92262
507 124 014 507 125 001 507 125 002
Marlin Cavalluzzi Aalsa Lee&A W Genlot Ranaldo Loya&Mary Fernandez
1515 E Pasco El Mirador 1193 N Calle Ralph 1179 N Calle Rolph
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 125 003 507 125 004 507 125 005
Judith Galloway Nicholas Dillon Geoff&Maureen Gilbert
1163 N Calle Ralph 1149 N Calle Ralph 1133 N Cable Rolph
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 125 006 507 125 007 507 131006
James&Maureen Gilmer Frank&Anna Calvaruso Kleppe Robert M&Kleppe
1127 N Calle Ralph 1111 N Calle Ralph 19610 Jeffrey Cir
Palm Springs, CA 92262 Palm Springs, CA 92262 Cerritos, CA 90703
507 131007 507 131 008 507 131 009
Mark Twain&Carol Ann Hannah Anthony Gonzalez&Douglas Cable Russell Wink
1250 Linda Vista Rd 1200 Linda Vista Rd 1180 Linda Vista Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 131 010 507 131011 507 131012
Thomas Shirley&Helen Shirley Yvonne Doyle Joseph&Barbara Tustees Hutchins
1164 Linda Vista Rd 1142 Linda Vista Rd 1120 Linda Vista Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
L;
Case No. TTM 28610 Matzner & Oliphant General Partnership - Labels 1-4-04 Page of 8
507 132 001 1 507 132 002 507 132 004
Frank&Dolores Holberg Hardenburg David Jesse Danner
1101 NW 59th St 405 Anita St PO Box 76
Seattle,WA 98107 Redondo Beach, CA 90278 Palm Springs, CA 92263
507 132 005 507 132 006 507 132 007
Nielson Lindsay F&Jo Ann&Nielso Philip Cohen&Bruce Summers Patricia Basich
PO Box 7540 1241 Linda Vista Rd 1253 Linda Vista Rd
Ventura, CA 93006 Palm Springs, CA 92262 Palm Springs, CA 92262
507 132 008 507 132 009 507 132 010
William Mcglamary Gregory&Leila Niemann William Whaling
44100 Monterey Ave PO Box 9198 1289 E Pasco El Mirador
Palm Desert, CA 92260 Palm Springs, CA 92263 Palm Springs, CA 92262
507 132011 507 132 012 507 13X 013^ N
Barbara Emerson&Betty Novak Paul Zapala KathleeikE
1270 Pasatiempo Rd 29521 Palo Dr 3525 Jasiiie Ave#15
Palm Springs, CA 92262 Laguna Niguel, CA 92677 Los Angel 's, CA 90034
507 132 014 507 132 015 507 132 016
Craig Blanchard&David Quermback John Murphy&Adele Murphy Michael Mcdermott
PO Box 4534 1200 Pasatiempo Rd 21711 Wesley Dr#A
Palm Springs, CA 92263 Palm Springs, CA 92262 Laguna Beach, CA 92651
507 132 017 507 132 018 507 132 019
Thomas Gertmenian Mary Mchian Judy Blanchard
310 S San Rafael Ave 2223 S Araby Dr 1154 Pasatiempo Rd
Pasadena, CA 91105 Palm Springs, CA 92264 Palm Springs, CA 92262
507 132 020 507 133 002 507 133 003
Ronald Minch&Michael Kalinowski Dennis Granger&Pauline Granger Lavona Shea
1100 Pasatiempo Rd 1097 Pasatiempo Rd 1115 Pasatiempo Rd %4-
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 133 004 507 133 005 507 133 006
Lowell&Marsha Wheeler Albert Keith Brock&Peggy Brock John Mahoney
1121 Pasatiempo Rd 1133 Pasatiempo Rd 1139 Pasatiempo Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 133 007 507 133 008 507 133 009
Sandra Conyne Sally Hunter&Richard Hunter Marguerite Bane
1145 Pasatiempo Rd 952 N Camino Condor 1171 Pasatiempo Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 133 010 507 133 011 507 133 012
Richard Leduc Earl Pacitti&Margaret Pacitb David Grace&Dawna Grace
1185 Pasatiempo Rd 1211 Pasatiempo Rd 1225 Pasatiempo Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
Case No. TTM 28610 Matzner & Oliphant General Partnership - Labels 1-4-04 PageZI of 8
507 133 049 507 133 050 507 141 005
Paul Nkarut&,.Macy Conrad Coachella Iley velopers Ll Joseph Kretschman
PO Box``3* 1 77900 Avenue The States ,� r 1093 E Pasco ElMirador
Palm Spiings, CA 92263 l Palm Dese Palm Springs, CA 92262 rt fk 92211
507 141 011 507 141 012 507 141 013
Elwyn Bevan&Marjorie Bevan James Burrows Justine Miller
1060 E Marshall Way 1080 E Marshall Way 8849 Ashcroft Ave
Palm Springs, CA 92262 Palm Springs, CA 92262 West Hollywood, CA 90048
507 141014 507 141 015 507 141016
Joseph Magnano Francis Hendron&Florence Hendron 1 Mark&Kristine Davis
1090 E Marshall Way 1095 E Olive Way 580 S Palm Canyon Dr
Palm Springs, CA 92262 i Palm Springs, CA 92262 Palm Springs, CA 92264
507 141 017 507 141 018 507 141019
Join&Edna Hollinger Donald Parmelee&Doris Parmelee Peter Quick
1089 E Olive Way 1075 E Olive Way 1061 E Olive Way
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507141020 507141023 507141024
Clarissa Filgioun Elena Ingal Terry Adams&Roxanna Auer
1055 E Olive Way 1030 E Tachevah Dr 1042 E Tachevah Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 141 025 507 141 026 507 141 027
Susan Arnett Erik Palmer&Kimberley Yang William Cardwell
1066 E Tachevah Dr 1100 N Palm Canyon Dr#109 12 Aries Ct
Palm Springs, CA 92262 Palm Springs, CA 92262 Newport Beach, CA 92663
507 141 028 507 141 029 507 142 003
Terry Ray&Helen Ray Hanna Sanders Robert&Madelyn Lake
PO Box 1064 1087 E Pasco El Mirador 140 N Luring Dr
Palm Springs, CA 92263 Palm Springs, CA 92262 Palm Springs, CA 92262
507 142 004 507 142 005 507 142 006
John Mccarron&Patricia Mccarron John Pullin Edward&May Candler
1069 E Marshall Way 1085 E Marshall Way PO Box 2879
Palm Springs, CA 92262 Palm Springs, CA 92262 Truckee, CA 96160
507 142 007 507 142 008 507 142 009
Stanley Youngerman&Esther Yonnge John Guagenti Kurt Soltau&Carmel Soltau
1068 E Olive Way 3112 Swan PI 1040 E Olive Way
Palm Springs, CA 92262 Los Angeles, CA 90026 Palm Springs, CA 92262
507 221 002 507 221 003 507 221 004
Clinton Scovel&Rose Scovel Esther Schwartz Douglas Stevens&Tamara Stevens
1033 E Tachevah Dr PO Box 9412 1067 E Tachevah Dr
Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262
Case No. TTM 28610 Matzner & Oliphant General Partnership - Labels 1-4-04 Page 'Gof 8
507 221 005 507 221 006 507 221 007
Rioz Gum Charles Perry&Michael Gabel Kafra Glancz
1099 E Tachevah Dr 1 1085 N Arquilla Rd 1080 E Buena Vista Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 221008 507 222 001 507 222 002
Timothy Williams Katherine Kemble&Lee Ann Phillips Canyon Financial Me
1062 E Buena Vista Dr 732 Masonic Ave 100 S Sunrise Way#173
Palm Springs, CA 92262 Albany, CA 94706 I Palm Springs, CA 92262
507 222 003 507 222 004 507 222 005
M K Maloney Nino Fontana M T Morgan
1013 N Spaulding Ave 1165 E Tachevah Dr PO Box 3661
West Hollywood, CA 90046 Palm Springs, CA 92262 Bellevue, WA 98009
507 222 006 507 222 009 507 222 009
Dorothy Karesh&Kelly Tyre Marvin&Susan Ward James&Karen Landells
1190 E Buena Vista Dr 1144 E Buena Vista Dr 1150 E Palm Canyon Dr#53
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264
507 222 010 507 223 003 507 223 004
Dicosola Fred M Donald Warburton&Arlene Warburto Clarissa Ryterband
5771 S Pearl St 1057 E Buena Vista Dr 1073 E Buena Vista Dr
Las Vegas,NV 89120 Palm Springs, CA 92262 Palm Springs, CA 92262
507 223 005 507 223 006 507 223 007
Russell&Charlotte Lesser Wai Lew&George Lew Michael Mcqueeny&Ralph Fisher
4040 Highland Ave 1025 N Arquilla Rd 369 N Robertson Blvd
Manhattan Beach, CA 90266 Palm Springs, CA 92262 Los Angeles, CA 90049
507 223 009 507 224 002 507 224 003
Porter Lewis L Martin Massiello&Jeffery Weyant Donald Parker&Alma Parker
750 N Paseo De Anza 928 W Concord PI PO Box 1467
Palm Springs, CA 92262 Chicago,IL 60614 Big Bear Lake, CA 92315
507 224 004 507 224 005 507 224 006
Bruce Shaw&Wendy Shaw Fernando&Elizabeth Cervantes Genevieve Broer
1165 E Buena Vista Dr 1384 Bathurst St 1188 E San Jacinto Way
Palm Springs, CA 92262 TORONTO ON Palm Springs, CA 92262
CANADA
507 224 007 507 224 008 507 224 009
Kevin&Raquel Towers Benjamin Miller Brian Lavery
4445 Teralta P1 1152 E San Jacinto Way#1154 1144 E San Jacinto Way
San Diego,CA 92103 Palm Springs, CA 92262 Palm Springs, CA 92262
507 224 010 507224011 507 224 012
Karen Moran Seymour&Judith Brooks Kathie Calloway&Vicki Mcfadden
21 N Ridgewood Rd 1120 E San Jacinto Way 270 Euclid Ave
Kentfield, CA 94904 Palm Springs, CA 92262 Long Beach, CA 90803
Case No. TTM 28610 Matzner & Oliphant General Partnership - Labels 1-4-04 Page of 8
507 224 013 507 224 014 507 241 001
Chrisanne Brown Roberta Hales Phyllis Lyman
1040 N Arquilla Rd PO Box 515 1213 E Tachevah Dr
Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262
507 241 002 507 241 004 507 241 005
Lannon Michael Yoder Julia L W&Yoder Julia L Li Lois Field
1263 E Tachevah Dr 1283 E Tachevah Dr 1321 E Tachevah Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 241 006 507 241 008 507 241009
Sharon Walters Daniel Eckstrom&Caroline Eckstrom Cindy Suter
1339 E Tachevah Dr 1395 E Tachevah Dr 1386 E Buena Vista Dr
Palen Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 241 010 507 241 011 507 241 012
Sindee Smolowitz&Margaret Eaton Richard Samuels&Anne Samuels Valerie Loew
1340 La Mirada St 1338 E Buena Vista Dr 1319 E Buena Vista Dr
Laguna Beach, CA 92651 Palm Springs, CA 92262 Palm Springs, CA 92262
507 241 013 507 241 014 507 241015
Allen Smoot&Pamela Smoot Walter Futterman&Laurel Futterman Bernard&Rebeca Appelbaum
1288 E Buena Vista Dr 1248 E Buena Vista Dr 18056 Coastline Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Malibu, CA 90265
507 241016 507 241 017 507 241 018
Brenard Bodley&Howard Burton John Johnson&Mary Johnson Sauls Jean L
1210 E Buena Vista Dr 300 S Beach Blvd 1265 E Tachevah Dr
Palm Springs, CA 92262 La Habra, CA 90631 Palm Springs, CA 92262
507 242 001 507 242 002 507 242 005
Mike Finley Philip Vanities&Zachary Weingart Vivien&Polos Staci Simeeck
1405 E Tachevah Dr 61 Prince Royal Dr 1260 E San Jacinto Way
Palm Springs, CA 92262 Corte Madera, CA 94925 Palm Springs, CA 92262
507 242 007 507 242 008 507 242 009
John Einck Patricia Yunker Edith Mcdamel&James Macfi Mcdam
1703 Madrona Dr 1460 E Buena Vista Dr 1400 E Buena Vista Dr
Seattle,WA 98122 Palm Springs, CA 92262 Palm Springs, CA 92262
507 242 011 507 242 012 507 242 013
C D Smith Charles Rojo James Callahan
1611 E Tachevah Dr 1580 E Buena Vista Dr 1630 E Buena Vista Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 242 014 507 242 015 507 242 016
Angel&Florma Monponbar a Folk Josephine O&Folk Lloyd Duncan&Duncan Cynthi Giblin
1545 E Tachevah Dr 1587 E Tachevah Dr PO Box 400
Palm Springs, CA 92262 Palm Springs, CA 92262 Downey, CA 90241
Case No. TTM 28610 - Matzner & Oliphant General Partnership - Labels 1-4-04 Page 7 of 8
III
507 243 001 507 243 002 507 243 003
Charles Hodges& Sandra Gayle Hodge John Johnson&Jerome Longoria Gary Oja
1203 E Buena Vista Dr 392 E Stevens Rd#1112 1255 E Buena Vista Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 243 004 507 243 005 507 243 006
Josef Pescetto&Thomas Memorris Raymond Morrow Alexander Jagiello
1505 W Victoria St 1305 E Buena Vista Dr 1337 E Buena Vista Dr
Chicago, IL 60660 Palm Springs, CA 92262 Palm Springs, CA 92262
507 243 007 507 243 008 507 243 009
Valdes Diana G Thomas Pritchett&Peter Cardish Lisa Barreth
911 Hilleroft Rd 1385 E Buena Vista Dr 1388 E San Jacinto Way
Glendale, CA 91207 Palm Springs, CA 92262 Palm Springs, CA 92262
507 243 012 507 243 013 507 243 014
Csilla Hirth-stamen Paul Gerek&Helen Gerek Jolm Polos&Kathe Polos
1324 E San Jacinto Way 1288 E San Jacinto Way 1260 E San Jacinto Way
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 243 015 507 243 016 507 244 001
j Security Pacific Nall Bank John Dobbins Gant Gaither
Gladys Coleman 8020 Langdon Ave#206 1411 E Buena Vista Dr
PO Box 8265 Van Nuys, CA 91406 Palm Springs, CA 92262
Wichita Falls,TX 76307
507 244 002 507 244 003 507 244�004
Raymond Foote David Elliott&Colleen Elliott Jacques &Pavlovich Sallee Liberman
1477 E Buena Vista Dr 1551 E Buena Vista Dr 1557 E Buena Vista Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507 244 005 507 244 011 507 244 012
Murrel Crump &Carolyn Crump Arvon&Dolores Agren Robin&Campbell Bettie Rodriguez
1633 E Buena Vista Dr 610 N Dry Falls Rd 1520 E San Jacinto Way
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
507244013 507244014 Paul Marut & Tracy Conra
Marie Robertson Phil Garcia&Betty Jane Garcia P . 0 . Box 3340
PO Box2254 1420 E San Jacinto Way Palm Springs , CA 92263
Palm Springs, CA 92263 Palm Springs, CA 92262
507 132 003 507 221 009
Leroy Peterson, Trustee J. F. Sullivan 1989 Trust
26644 Padron Pt. 1022 E. Buena Vista Drive
Lomita, CA 90717 Palm Springs, CA 92262
Case No. TTM 28610 - Matzner & Oliphant General Partnership - Labels 1-4-04 Page 8 of 8
Neighborhood Coalition List MR PETER DIXON MS TRISHA DAVIS
As..ofalecernlaee 1,= 003 '✓j;c yj TENNIS CLUB AREA TENNIS CLUB AREA
Case TTM 28610 -Matzner/Oliphant 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA
January 287-2004e,.C. Hearing PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR BILL DAVIS AND
MR FRANK TYSEN
C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN
SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS
175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262
MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO
DEEPWELL OLI) LAS PALMAS DEEPWELL RANCH
1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS QA_92264
....
MR MARSHALL ROATH MS`MARGARET PARK \
MS SHERYL HAMLIN AGUA CALIENTE BAND OF 1
HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS
565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =D=E>-0 -D=D =J 650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
CITY OF PALM SPRINGS
PLANNING &ZONING DEPT
VERIFICATION NOTICE =J-D ATTN: SENIOR SECRETARY
PO BOX 2743
PALM_ SPRINGS CA 92263-2743
SPONSORS Oliphant&Matzner
77-900 Avenue of the States
Palm Desert, CA 92211
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Rdin Springs City C.Onncll
3200 13,Tahgwtr Canyon Way
Palm3prin.gs, CA 92262
Dear Patin Sprml;,- City Council
SU13117("1':
This is art appeal to reverse the February Itth, 2004 decision of the Palm Sprkngs Building Department to
allow nlarzncr and Oliphant, i California Gencial Partnership, relief from condition of approval #24,
requiring underground relocation of above ground utility lines rhat arc less than 35 KV, inclusive of the
powerlme running north south through the eastern portion of L.or#20, and those fines on or;tdpicent to this
Project, locahul on the north side of Tac:hevah Drive, between Awtuda Caballeros and Sunrise W,,ty, R-1-C
'Gone,Section 11.
We, the following residents, would like fin have the owners of [lie tract Iuecp (heir promise to underground
utilities as they signed to do when they received approral for the project. At le.t-st some of the powerlincs are
OR their land,although they have built a fence set ipproxvnatcly 1-2 feet hack within their boundaries so that it
would appear chat the powcHates are not on their land. 'They have not transferral ownership of the strip of
land in front of their fence to any of the iestdcnts that we know oC.
i
Respecr6illy,
NAME. ADDRFSS
Mar aer,QQle�� � it-71 Par-IY6q -
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February 18, 2004
Palm Springs City Council
3200 Ls. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Palm Springs City Council:
This is an appeal to reverse the February 11th, 2004 decision of the Palm Springs Building
Department to allow Matzner and Oliphant, a California General Partnership, relief from
condition of approval #24, requiring underground relocation of above ground utility lines
that arc less than 35 KV, inclusive of the powerline running north south through the eastern
portion of L.ot #20, and those lines on or adjacent to this project, located on the north side
of Tachevah Drive,between Avenida Caballeros and Sunrise Way,R-1-C Zone, Section 11.
We, the following residents, would like to have the owners of the tract keep their promise to
underground utilities on properties adjacent and abutting theirs, as they signed to do when
they received approval for the project. At least some of the powerlines may even be on their
land. Please vote to make Palm Springs a safer and more beautiful place.
Respectfully,
NAME ADDRESS
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
M1`.il u!Q;4:- �ylhiUd SPl.h19�G5
STATE OF CALIFORNIA tiDpICa CR PCCo_;C ioE.fRINy
County of Riverside CITY cuurssaC
Tculanv= (root Map 241610
An application fdat.rior and Oliphant, a California
General Padnor=--hip, for relief iron condition of
approval '.24, Iogcdrine the underground reloca-
tion of above ground itOrty lines that are less than
35 IN, molusrvo or tl e poweillne rum dng north
south through tho easu.,n ae,-ilon of Lot S20,and
I am a citizen lines on or adjacent'te this plolom, locatedzen of the United States and a resident of ,on the north side of lachevar, Dove, bctweon Av-
the Count aforesaid; I am over the age of eighteen enlda Caballeros and sunrise way
Y g g R-1-0 zone, section 11
years,and not a party to or interested in the NOTICE IS RERBBY GIVEN that the City Council
above-entitled matter.I am the principal clerk of a of the City of Paim,Sphnga, California, will held a
public hearing at rs meshing or May 19, 200el.
printer of the,DESERT SUN PUBLISHING the City Council meeting begins at 7-00p.m. in
the City Council Chamber at City Nall, 3200 E.
COMPANY a newspaper of general circulation, Tahqultz Canyon Way, Palm Springs, California.
printed and published in the city of Palm Springs, The purpose of the hearing is to consider an so-
County of Riverside,and which newspaper has been pflcauon by Mat-nei and Oliphant, a California
General Partnership, for rellef fiom condition of
adjudged a newspaper of general circulation by the approval rr24, requiring the underground reloca-
rion of above ground utillry Imes that are less than
Superior Court of the County of Riverside,State of 25 KV, Inclusive of the poweriine running north
south through the eastern portion of Lot 7.L0, and
California under the date of March 24, 1958.Case those lines on or adjacent to me project. The
Number 191236;that the notice,of which the property in question is located on the north side
of lachevah Drive, between Avenida Caballeros
annexed is a printed copy(set in type not smaller and Sunrise way, R-I-C Zone, Section 11.
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any
,n,<<
supplement thereof on the following dates,to wit:
May 7
o t
------------------------------------------------------
-- l
T
All in the year 2004
I certify(or declare)under penalty of perjury that the
foregoing is true and correct. e
Dated at Palm Springs,California this-----19th---day
A Mitigared Idegatve Declaration was prepared
of----------May-----------------------------2004 for this project and was approved by the City
Council at its meeting of September 2, 1998.
A//� L- ' The proposed apphoatlon, site Elan, and related
v, .,�4� � _ _� �'� � _ documents are avarloblo for anto review daily,
between 8 am and 5 pm aI the City of Palm
Springs In the Planning cnd Zoning DJOniinnent, p
Signature located at 3200 Tahclmtz Canyon Nray.
It any indnnduol or IDoup cnallengo die mien in
court, Issues raisecl may ho limjme l to only`hose
{yC issues raised at the public hearings doscflbod In
yt this no'eeo u In written conesponda)ce of or Pil-
o] to the Council III arching
p gps city o of owners
bli.wit in fo ng is od' sent m all prop-
Y r - arty owners within folo poi-Lu er(a00) e g of the
" �I/tlrT sub1'ce property. An apponunify lenll be glum, at
saitl hearings for all mtoresied poisons m be
heard. Questions regarding this case may be dr
rotted to Alex Meyerhoff, Prmci.al Planner, Do-
raiment r, p
of Planning R Coning. I760)323-62,15.
'�• - Si necesiia ayuda con esta earls,porfevor (lame a
Is Ciudad do Palm Sppuuo_ puede heblar con
r' I DI "I ' r 7cnT' "I
0 0
PROOF OF PUBLICATION This is space for County Bled:s riling Stamp
(2015.5.C.C.P)
No.E975
D1"u"`f OF
L Vt9 SPCidCOG
STATE OF CALIFORNIA _ wLAFidinc tCOJILPRS1SIOlS!t��
County of Riverside Tentative Tract Map 28610
An ap iioation b Matzncr and Oliphant,a califor-
nwa C,enemi Partnership, for relief from condition
of approval 1f24, requiting the Linde" found lelo-
caron of above ground utility lines that are less
than 35 KV, Inclusive of the powerhne funning
north south through the eastern coital of Lot
47.'20, n and these lines o of adjacent to tills pro-
beatH+een Alocatev nlda Caballeros and Sunuse Won the north side of a y,le,
I am a citizen of the United States and a resident of 1-c zond, Section 11.
the County aforesaid; I am over the age of eighteen NOTICE IS NEPEBY GIVEN that the Planning
years,and not a party to or interested in the Commission of the city of Palm Springs, Cahfor-
above-entitled matter.I am the principal cleric of a ma, will hold a public If at its meeting ofJanuary 23, 2004. 1 he Plamiing Oammissfon
of the,DESERT SUN PUBLISHING meetingg begins ) the
p.m foubwfc hsaf ings be-
printerCity
at 2'00 mJ In the City ounoil Chamber at
COMPANY a newspaper of general circulation, City Hail, 3zog E. iahquitz canyon way, Palm
Springs, Calffcrnfa.
printed and published in the city of Palm Springs,
Fire purpose Mi the hearing is to consider an ap-
County of Riverside,and which newspaper has been General ar Matzncr and or�r train condition a nditio Californiao
adjudged a newspaper of general circulation h the General Partneeluiring ti ill elfunderg oundl relocs
J ig Y approval o#24ve q g e
Superior Court of the County of Riverside,State of hen of above requiring
ep wines that are less than
5ouch nought of then portion
runnin00,g nalth
and
California midst the date of March 24, 1988.Case south through the eastern portion of Lot project.
those Imes an oristo adjacent ro the e Dien[. The
Number 191236; that the notice,of which the pre arty v question e ween on the noun egos
annexed is a printed co set in type not smaller do
of�ac once Drive, between Avenida caballeros
P PY( YP and Sunflse Way, H-T-C zone, Section 11
than non pariel,has been published in each regular ---wiclN(7Y M�aP u
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
January fl - ------------------
__________________—__—____--________—_____—_—________—_ l .,
All in the year
I certify(or declare) under penalty of perjury that the
foregoing is truee an arvof and correct.
19th
Dated at Palm Springs,California this---------day A Mitigated Negative 1 Declaration was prepared
for the prof, meeting
mils approved by i993 City
Council at
Its meeting of Septomhar 2,
of----------January-----------—--------------,2004 The proposed application, site pplan, and related
do
b cuments are avaflblc for public review daily. .
I,
Sp
II am and a pm ai tho CIYy of Pallas )1+
Springs in the Planning and Lonfng Department,
locatetl ffi 0200 Tahgmtz Canyon Nlat+. )��� f" `
'JJVJ g p b - p gg Y Signature If any Illdlmdnra or mug e limit es tl'Ie Halloo e
g court f•'^ued at an me b� halted w oast those 91
slues raped at the a he huarlifespori s cesatf or n- L/
In
this notice or m ission cottin ondmue at or prf-
or to tt're commission meeting.
Notice of Public I-loaring is beinc7 sent to all Pro
erty owners within four hundred (400) feet of tie
subject property An epparrimiy will he given at
said hcaid�Gue9lons rregardfngohfeticare Jmay be drsons to i-
rected to Alex Veyellf rwncfppal Planner, De-
partment oI Planning &Zoning. (r50) 323-82,15.
/sl Douglas R. F_vans
Director of Planning and Zoning
PI . January 17. 2004
RESOLUTION NO. 20933
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REGARDING TRACT MAP 28610 - A REQUEST
FOR CLARIFICATION BY MATZNER&OLIPHANT,ACALIFORNIA
GENERAL PARTNERSHIP, FOR RELIEF FROM CONDITION OF
APPROVAL #24 AND 25, REQUIRING THE UNDERGROUND
RELOCATION OF ABOVE GROUND UTILITY LINES THAT ARE
LESS THAN 35KV, INCLUSIVE OF THE POWERLINE RUNNING
NORTH-SOUTH THROUGH THE EASTERN PORTION OF LOT
#20, AND THOSE LINES ON OR ADJACENT TO THIS PROJECT,
LOCATED ON THE NORTH SIDE OF TACHEVAH DRIVE,
BETWEEN AVENIDA CABALLEROS AND SUNRISE WAY, R-1-C
ZONE, SECTION 11.
WHEREAS, Matzner and Oliphant, a California General Partnership, (applicant) have requested
clarification of conditions related to TM 28610, for relief from conditions#24 and 25,which require
the underground relocation of above ground utility lines less than 35 kV, inclusive of the power line
running north-south through the eastern portion of lot #20 and those lines on or adjacent to this
project, located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise
Way, Zone R-1-C, Section 11; and
WHEREAS, said Tentative Tract Map was approved by the Planning Commission on July 8, 1998
and by the City Council on September 2, 1998; and
WHEREAS, at the July 8, 1998 Planning Commission meeting the under ground utility relocation
requirement was discussed and evaluated by the Planning Commission; and
WHEREAS, the underground relocation of utilities was limited to the frontage of the subdivision,
located along Tachevah Drive and existing north-south lines located on lot#20 and new service
to that tract itself; and
WHEREAS, notice of the public hearing, for clarification of the utility issue by of the Planning
Commission of the City of Palm Springs, was given in accordance with applicable law; and
WHEREAS, on February 11, 2004, a public hearing on this issue was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission 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
WHEREAS, on February 11, 2004, the Planning Commission determined that the applicant
complied with the conditions #24 and 25, through the underground relocation of utilities on
Tachevah Drive; and
WHEREAS, on May 13, 2004, as part of the Office of Neighborhood Involvement and Public
Participation(ONIPP),a noticed community meeting was conducted to inform the community about
the clarification of the conditions and to solicit public input; and
c ,rr= y
d R( ;
Resolution 20933
Page 2,
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider
clarification of Condition #24 and 25, was given in accordance with applicable law; and
WHEREAS, on May 19, 2004, a public hearing on the application on Condition #24 and 25, for
Tract Map 28610 was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council 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, all
environmental data including the environmental assessment prepared for the project and all written
and oral testimony presented; and
WHEREAS, the project is considered a "project' pursuant to the terms of the California
Environmental Quality Act ("CEQA"), and an Environmental Assessment has previously been
prepared for this project and has been distributed for public review and comment in accordance
with CEQA; 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, all
environmental data including the environmental assessment prepared for the project and all written
and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: That the undergrounding of utilities along the west, north and east property lines is
not required at this time, and that a covenant for future undergrounding of utilities
satisfies the original condition of approval.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, City Council hereby finds
that the applicant, has previously complied with Conditions#24 and 25, through the underground
relocation of above-ground utilities on Tachevah Drive, that the utility pole and above ground lines
on lot#17 will be undergrounded during construction of residences on lots#17, 18 and 19, and that
the applicant and future property owners will be required to enter into a covenant with the City of
Palm Springs, to not protest any assessment district should one be proposed for the future, for
future underground relocation and installation of the existing above ground utility lines, located to
the north and west of TM 28610.
ADOPTED this 19th day of May, 2004.
AYES: Members McCulloch, Mills, and Mayor Oden
NOES: Members Foat and Pougnet
ABSENT: None
ATTEST: CITY OF PALM SPRINGS
City Clerk City Manager
Reviewed and Approved as to Form: / �
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REGARDING TRACT MAP 28610 - A REQUEST
FOR CLARIFICATION BY MATZNER&OLIPHANT,A CALIFORNIA
GENERAL PARTNERSHIP, FOR RELIEF FROM CONDITION OF
APPROVAL #24 AND 25, REQUIRING THE UNDERGROUND
RELOCATION OF ABOVE GROUND UTILITY LINES THAT ARE
LESS THAN 35KV, INCLUSIVE OF THE POWERLINE RUNNING
NORTH-SOUTH THROUGH THE EASTERN PORTION OF LOT
#20, AND THOSE LINES ON OR ADJACENT TO THIS PROJECT,
LOCATED ON THE NORTH SIDE OF TACHEVAH DRIVE,
BETWEEN AVENIDA CABALLEROS AND SUNRISE WAY, R-1-C
ZONE, SECTION 11,
WHEREAS, Matzner and Oliphant, a California General Partnership, (applicant) have requested
clarification of conditions related to TM 28610,for relief from conditions#24 and 25,which require
the underground relocation of above ground utility lines less than 35 kV, inclusive of the poweline
running north-south through the eastern portion of lot #20 and those lines on or adjacent to this
project, located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise
Way, Zone R-1-C, Section 11; and
WHEREAS, said Tentative Tract Map was approved by the Planning Commission on July 8, 1998
and by the City Council on September 2, 1998; and
WHEREAS, at the July 8, 1998 Planning Commission meeting the under ground utility relocation
requirement was discussed and evaluated by the Planning Commission; and
WHEREAS, the scope of the underground relocation of utilities was limited to the frontage of the
subdivision, located along Tachevah Drive and existing north-south lines located on lot #20 and
new service to that tract itself; and
WHEREAS, notice of the public hearing, for clarification of the utility issue by of the Planning
Commission of the City of Palm Springs, was given in accordance with applicable law; and
WHEREAS, on February 11, 2004, a public hearing on this issue was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission 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
WHEREAS, on February 11, 2004, the Planning Commission determined that the applicant
complied with the conditions #24 and 25, through the underground relocation of utilities on
Tachevah Drive, as originally intended in the conditions of approval; and
WHEREAS, on May 13, 2004, as part of the Office of Neighborhood Involvement and Public
Participation(ONIPP),a noticed community meeting was conducted to inform the community about
the clarification of the conditions and to solicit public input; and
loewoo
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider
clarification of Condition #24 and 25, was given in accordance with applicable law; and
WHEREAS, on May 19, 2004, a public hearing on the application on Condition#24 and 25, of for
Tract Map 28610 was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council 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, all
environmental data including the environmental assessment prepared forthe project and all written
and oral testimony presented; and
WHEREAS, the project is considered a "project" pursuant to the terms of the California
Environmental Quality Act ("CEQA"), and an Environmental Assessment has previously been
prepared for this project and has been distributed for public review and comment in accordance
with CEQA; 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, all
environmental data including the environmental assessment prepared for the project and all written
and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: That the undergrounding of utilities along the west, north and east property lines is
not required, and that the construction of such substantial off-site improvements by
the developer would result in an economic hardship.
NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing, City Council herebyfinds
that the applicant has met the intent of the ordinance, and has previously complied with Conditions
#24 and 25, through the underground relocation of above-ground utilities on Tachevah Drive, that
the utility pole and above ground lines on lot#17 will be undergrounded, and that furthermore, no
nexus exists to require any underground relocation of any additional utility lines and that the
requirement for any additional undergrounding would provide an undue hardship for the applicant.
ADOPTED this 19th day of May, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
/Deoza