HomeMy WebLinkAbout2/18/2004 - STAFF REPORTS (15) DATE: February 18, 2004
TO: City Council
FROM: Director of Planning and Zoning
CASE 5.935-PD-59, AN APPLICATION BY DESERT CHAPEL FOR REVISIONS TO THE
DESERT CHAPEL MASTER PLAN, PLANNED DEVELOPMENT DISTRICT 59, TO INCLUDE: 1)
THE ADDITION OF CLASSROOMS,A NURSERY,AN ADMINISTRATIVE BUILDING AND A NEW
SPECIAL EVENTS AREA;AND 2)THE ESTABLISHMENT OF REGULATIONS REGARDING THE
TIME, PLACE AND MANNER OF SPECIAL EVENTS, INCLUDING NIGHT TIME FOOTBALL
GAMES, LOCATED ON 10.16 ACRES,AT 630 SOUTH SUNRISE WAY, ZONE PD-59, SECTION
24.
RECOMMENDATION
The Planning Commission recommends that the City Council approve revisions to the Desert
Chapel Master Plan, Case No. 5.935-PD 59, including: 1) the addition of classrooms, a nursery,
and administrative building and newspecial events area;and 2)approve a temporary permit,which
would expire July 31, 2004, for the establishment of regulations regarding the time, place and
manner of special events, including night time football games. The applicant would return to the
City Council in July 2004 for a review of operations and with the intent of amending the PD to
permanently allow special events and night time football, subject to conditions of approval.
Christopher Mills, Architect, is the representative for Desert Chapel.
SUMMARY
On January 21, 2004, the City Council directed staff to meet with the applicant and key
neighborhood stakeholders to resolve issues surrounding the special events and football games.
On February 10, 2004, staff met with the applicant, and key representatives of the neighborhood,
including members of the Mesquite Country Club HOA and their counsel, members of the Tahquitz
River Estates neighborhood and representatives of the Deepwell Estates Neighborhood
Association. A list of the attendees is attached. Staff had anticipated using the meeting as an
opportunityto strengthen the conditions and make them enforceable, in order to regulate the time,
place and manner of special events and football games.
The key issues addressed at the meeting were:
1. Existing operations at Desert Chapel, including, youth group activities, nursery school and
school operations disturb some neighboring property owners. It was noted that some of
these activities could be relocated away from the north property line, which most closely
abuts residential properties, to other locations on the site and/or conducted indoors.
2. Anticipated growth in student enrollment and related expansion of school and church
activity. Desert Chapel acknowledged that recent growth has resulted in an expansion of
activities on site. However, they were unable to provide detailed projections about
anticipated future growth.
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3. The previous history of special events and football games has resulted in some existing ill-
will between neighbors. Desert Chapel representative stated their intent and willingness to
develop a regulatory framework in order to avoid repeats of past problems. Some of the
attendees questioned the appropriateness of conducting football games and other special
events on the site. One alternative included a discussion about day time football, which
Desert Chapel believes may present a public health risk to the athletes because of the
extreme temperatures of the desert climate. Another alternative included conducting
football games off-site, which Desert Chapel has explored and ruled out.
4. Circulation, including traffic and parking, lighting, drop-off and pick-up arrangements.
Installation of the traffic signal at the intersection of Sunrise Way and Sunny Dunes was
addressed as mitigation for traffic impacts anticipated as part of the Planned Development
District in 1999. On-site circulation continues to be an issue for the neighbors. It was
suggested that pick up and drop off-activities could be relocated away from the north
property line.
5. Other issues addressed included un-chaperoned teens,on-going security,use of the public
address system as part of the school operations,appropriate hours of routine maintenance,
and the location of existing and proposed improvements.
6. Desert Chapel's primary role and responsibility for enforcement of the conditions of
approval.
Staff provided draft conditions to all present. Some attendees of the meeting took a strong position
that no special events and football games should be allowed. However, others present were willing
to assist in strengthening the draft conditions to make them enforceable, based on the belief that
at this time only a temporary permit is desirable, prior to approving a permanent amendment to the
Planned Development District which allows special events and football games. Another position
voiced at the meeting was that approval of the application should be granted.
While there was not a consensus among those present that special events and football games
should be allowed, based upon the group's discussion at that meeting, and participation of some
of those present, staff has prepared a legislative draft of the conditions previously recommended
for approval by the Planning Commission. The revised draft includes general provisions that state
that the project shall comply with all codes and ordinances and that the applicant shall indemnify
the City and hold the City harmless in the event of a legal challenge. Although these are contained
in the previous conditions, staff is of the opinion that they need to be replicated in all sets of
conditions. Other additions include: 1) specifically allowing amplified vocalists only, between 6:00
and 7:30 pm, as part of the annual Christmas Chorale; 2) providing contact information for key
Desert Chapel personnel to the Deepwell Association and Tahquitz River Estates Association, as
well as to the Mesquite Country Club HOA Board of Directors; and 3) limiting the hours of
unspecified in-door and outdoor maintenance activities.
Lastly, a condition has been added which would require the City Council to review compliance with
this temporary permit in July 7, 2004, with the understanding that no special events were to occur
during the meantime. There was discussion about a six month review, however that would provide
for review in August,when the City Council has traditionally gone dark. Staff is also concerned that
if a review was conducted in the summer, the City could be accused of conducting meetings when
residents were not present. Staff polled the meeting attendees and determined that most were year
round residents, and that July would be a good time to meet to monitor compliance.
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At its meeting on August 27, 2003, the Planning Commission voted 7-0, to approve the final
development plans for a 1,200 square foot storage building and on September 10, 2003, the
Planning Commission voted 7-0 to establish a framework for conducting special events, including
carnivals and football games, at the site.
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Director of PlannA and 29ohing
City Manager
1. Vicinity Map
2. List of meeting attendees February 10, 2004
3. City Council report of January 21, 2004
4. Planning Commission minutes, August 27, 2003, September 10, 2003, October 8, 2003,
October 22, 2003, November 12, 2003
5. Correspondence
6. Resolution
7. Conditions of approval
VICINITY MAP
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CASE NO.: 5.935-PD-59 DESCRIPTION: Request for an amendment to Planned
Development District 59, including the addition of classrooms, a
APPLICANT: DESERT CHAPEL nursery, an administration building, and a new special events
area,to regulate the time, place, and manner of special events,
to consider the re-dedication of the Sunny Dunes Way right-of-
way, and for final Planned Development District approval to
construct an approximately 1,200 square foot storage building at
630 South Sunrise Way,Zone PD 59, Section 24.
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DATE: January 21, 2004
TO: City Council
FROM: Director of Planning and Zoning
CASE 5.935-PD-59, AN APPLICATION BY DESERT CHAPEL FOR REVISIONS TO THE
DESERT CHAPEL MASTER PLAN, PLANNED DEVELOPMENT DISTRICT 59, TO INCLUDE: 1)
THEADDITION OF CLASSROOMS,A NURSERY,AN ADMINISTRATIVE BUILDING ANDA NEW
SPECIAL EVENTSAREA;AND 2)THE ESTABLISHMENT OF REGULATIONS REGARDING THE
TIME, PLACE AND MANNER OF SPECIAL EVENTS, INCLUDING NIGHT TIME FOOTBALL
GAMES, LOCATED ON 10.16 ACRES,AT 630 SOUTH SUNRISE WAY,ZONE PD-59, SECTION
24.
RECOMMENDATION
The Planning Commission recommends that the City Council approve revisions to the Desert
Chapel Master Plan, Case No. 5.935-PD 59, including: 1) the addition of classrooms, a nursery,
and administrative building and new special events area; and 2)the establishment of regulations
regarding the time, place and manner of special events, including night time football games;
subject to conditions of approval.
Christopher Mills, Architect, is the representative for Desert Chapel.
SUMMARY
At its meeting on August 27, 2003, the Planning Commission voted 7-0, to approve the final
development plans for a 1,200 square foot storage building and on September 10, 2003 the
Planning Commission voted 7-0 to establish a framework for conducting special events, including
carnivals and football games, at the site.
At that meeting, the Planning Commission also voted to continue the issues of the dedication of
Sunny Dunes, to provide additional time for the applicant to meet with staff and representatives
of the neighboring Mesquite Country Club HOA and Deep well Board of Directors. Public hearings
on this matterwere conducted on August 27, September 10, October 8, October 22,and November
12, 2003, November 26, 2003, and December 10, 2003.
Neighborhood Meetings to discuss right of ways and insurance issues were held on ed on August
28, 2003 and on September 4, 2003. During the meetings Mesquite Country Club and Desert
Chapel agreed to have their respective insurance agents meet to discuss options. To date, the
involved parties have not been able to satisfy these requirements. Staff also provided a brief
update on this project at a neighborhood meeting of residents in the Tahquitz River Estates
neighborhood on November 20, 2003.
As part of the establishment of the PD in 1999, the applicant was required to provide access to the
historic users of the Sunny Dunes right of way. As a condition of approval (#34), the applicant had
been required to provide access easements to Desert Water, National Golf Operating Partnership
and Mesquite Country Club HOA. The HOA had asked, and the City Council agreed, that as a
condition of vacating the public right of way, Desert Chapel indemnify the Mesquite Country Club
during use of the easement. Condition #34b specifically requires that:
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"the applicant record a maintenance and `hold harmless"agreement for the users of the
easement, thereby shifting a maintenance and insurance burden to the benefit of the
users."
The easement was to be utilized to provide access to the maintenance facility. Desert Chapel and
the HOA have been unable to agree upon the terms of the insurance policy and related
indemnification demands of both parties. However, Desert Chapel has recently withdrawn the
request to rededicate Sunny Dunes and is in the process of providing an alternative access route
through the golf course to the HOA. A new pedestrian and light vehicle bridge over portions of the
wash may be installed to accomplish this and resolve conflicts between Mesquite Country Club and
Desert Chapel. This option will not effect access easements to any other easement users.
BACKGROUND
The Desert Chapel Master Plan has evolved through a series of discretionary land use reviews.
On January 7, 1976,the City Council approved Planned Development District 59 allowing a church
in an R-1-C zone.
On November 17, 1999, the City Council approved a revision to the Desert Chapel Master Plan,
(PD 59), to include an expanded sanctuary, multi-purpose building, library/administrative building,
K-12 private school, expanded parking facilities, day care operations, administrative building,
modular classrooms, street vacation, and relocation of existing bike trail.
The project was intended to be completed in two (2) major phases. The approved Master Plan
includes the following phasing:
Phase 1:Sanctuary addition for additional seating and multi-purpose space,totaling 11,272 square
feet. A 1,144 square foot storage building and a fifty(50) parking space temporary parking lot will
be constructed. A fourteen thousand (14,000) square foot multi-purpose building for use as
gymnasium and auditorium. A two(2)story mixed use building of approximately 8,093 square feet
housing nursery/toddler care areas, additional classrooms, and school and church administration.
Placing six (6) modular classrooms, 960 square foot in area, foundation mounted, on site. These
structures would be similar to the existing modular classroom buildings.
Phase 2: Completion of seventeen (17) modular classrooms for a total of 17,280 square feet.
Redevelopment of the Sunrise Nursery area into a permanent parking area complete with
landscaping and lighting. Relocation of the bike path, depending on easement availability.
Phase 1, with the exception of the 1,144 square foot storage building, has been completed. Phase
2, with the exception of the relocation of the bike path, has also been completed. The bike path is
now proposed to be relocated on to the vacated Sunny Dunes Right of Way via an easement.
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ANALYSIS
The applicant seeks to amend the Planned Development District in order to add classrooms, a
nursery, an administrative building and new special events area. The classrooms would be added
directly to the east of the existing multi-purpose building. Classrooms would be added in two
phases. Seven single story classrooms would be added at the outset. At a later date, six additional
classrooms would be added. A future nursery/toddler and administrative building is also proposed
east of the Sanctuary. A special events area is proposed on the parking lot located to the north of
the Sunny Dunes Road.
The applicant seeks to establish regulations regarding the time place and manner of special events
and night time football games. The applicant proposes to hold three special events per year, with
temporary lighting and generators, which would not extend past 9:00 pm. Specific events have not
been proposed, however, in the past Desert Chapel has conducted a Harvest Festival. Staff
recommends adding a condition prohibiting amplified outdoor concerts.
The applicant proposes to hold up to ten football games annually, which occur in the fall. These
events would start at 7:OOpm and run through 10:00pm. These events would include the use of a
temporary generator, PA system, lighting and bleachers.The applicant notes that games generally
run 90 to 120 minutes. The field and parking lot should be cleared and lights off by 10:00pm, In
order to approve this request, condition # 17(a) of the original conditions of approval would need
to be eliminated. During the fall football season Desert Chapel conducted football games in
accordance with these provisions. Temporary permits were issued for each football game. Several
complaints about temporary light placement were received. Once light placement was adjusted,
it appears that the criteria have worked reasonably well.
ZONING/LAND USES
North: PD 34 Seventh Day Adventist Church
South: R-1-C/Sunrise Nursery
East: PD 153 (R-1-C, R-G-8)/Mesquite Golf Course
West: R-1-C/Single Family Residences
CONDITIONS OF APPROVAL
A Resolution with the related Conditions of Approval,which were approved on November 17, 1999,
are attached for your review.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
On November 17, 1999, the City Council certified a Mitigated Negative Declaration for the subject
project. At that meeting the City Council determined that with the environmental mitigation
incorporated into the project, any environmental impacts resulting from the project would be
reduced to a level of insignificance. Potential environmental impacts from the project include short
term air quality during construction, and traffic. Future project construction and grading activities
may produce short-term dust emissions from the site. As a mitigation measure the applicant will
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be required to submit a Fugitive Dust Mitigation Plan, prepared in accordance with Chapter 8.50
of the Palm Springs Municipal Code regarding Fugitive Dust and Erosion Control. This document
shall be submitted for review and approval to the Building Official prior to the issuance of grading,
excavation or building permits. In this manner the short term environmental impacts will be
mitigated to a level of insignificance.
The development of this project and a related project on the west side of Sunrise Way were
evaluated in a Traffic Study dated July 1999,which was prepared by Endo Engineering. The traffic
study indicated that a signal would be required at the intersection of Sunny Dunes Road and
Sunrise Way by 2004 with or without the Desert Chapel expansion. Desert Chapel was required
to pay its fair share for installation of this signal.
All property owners within a four hundred (400) foot radius of the subject parcel were notified.
CORRESPONDENCE
Neighbors of the project have reviewed the project plans and have submitted correspondence in
opposition to the proposed project. The opposition includes opposition to the time, place and
manner of the proposed special events. The letters also refer to past controversy regarding this
applicant.
Director of Planning and Zoning
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Planning Commission minutes, August 27, September 10, October 8, October 22,
November 12, 2003, November 26, 2003, and December 10, 2003
3. Correspondence
4. Resolution
5. Conditions of approval
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Page 6 of 11
Planning Commission Minutes
August 27, 2003
Kathy Marx, Associate Planner, reported that the proposed by-right-of-zonj� project meets all
property development standards for the City and for the Section 14 Maste)�Plan and features a
substantially lower density than allowed by-right-of-zone. She reportedifhat the project will be
gated and walled and feature a main entry on Hermosa Drive and a/e ,rgency entry on Amado
Road (which will also provide an additional exit for residents). Sherted that the project was
very well received by the Design Review Committee. She reported that the Agua Caliente Band
of Cahuilla Indians Planning staff is reviewing the landscape elem6nt. She reported that there was
no landscape architect present at the Design Review Committe6 meeting; therefore, the applicant
requested that the preliminary landscape plan be reviewed staff and that committee at a later
date. She reported that staff has received some public in iry on the project and that four people
came to City Hall to review plans and that, after their reviA, commented that they approved of the
project. She reported that the project features two in b°or parking spaces per unit, in addition to
two exterior parking spaces within each driveway. Sh confirmed that the Fire Department has no
concerns regarding access to the project.
Chairman Shoenberger opened the Public He ing.
Mr. Dennis Freeman, applicant, addressed e Planning Commission to thank them for their review
and answer questions, if any.
There being no further appearances, e Public Hearing was closed.
M/S/C (Matthews/Grence 5-0, 2 a sent) to approve subject to Conditions of Approval in Staff
Report with the following revision :
A. Revise Engine ring Condition No. 7 (Amado Road) — Construct a five foot wide
sidewalk sep ated from the curb by a four-feet wide planter area along the entire
frontage.
B. Add Con tion 7a— Dedicate a one-foot wide sidewalk easement behind sidewalk
in lands ape, Lot D along entire Amado Road frontage.
C. Land cape plans to be reviewed and approved by the Design Review Committee
an staff.
Case 5.935-PD-59—Application by Desert Chapel for revisions to the Desert Chapel Master Plan,
Planned Development District 59, to include: 1) the addition of classrooms, a nursery, an
administrative building and a new special events area; 2) regulations regarding the time place and
manner of special events, including night time football games; 3) consideration of rededication of
the Sunny Dunes right of way; and 4) final development plans for an approximately 1,200 square
foot storage building, located on 10.16 acres at 630 South Sunrise Way, PD 59 Zone, Section 24.
Alex Meyerhoff, Principal Planner, reported that the Design Review Committee supported approval
of the addition of classrooms, nursery, administrative building, and new special events area at its
meeting this week as consistent with original Planned Development District.
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Page 7 of 11
Planning Commission Minutes
August 27, 2003
He stated that the applicant has requested that the City accept a rededication of the Sunny Dunes
Road right-of-way; however, the Engineering Department has concluded that there is no public
benefit to accepting this previous portion of Sunny Dunes Road as a public street and; therefore,
recommends eliminating Condition 34E from the Conditions of Approval.
Director clarified that there are unresolved issues between the surrounding neighborhood and the
church regarding events, especially night events. He stated that the applicant and the Mesquite
Country Club worked diligently to obtain easements but the issue of Hold Harmless/insurance was
not able to be resolved. He stated that applicant reports that the church's insurance will not provide
a Hold Harmless clause;therefore, Mesquite Country Club felt the risk was too great. He reported
that the church has chosen not to pursue alternate or additional insurance coverage. He reported
that the only uses (other than by the church) of the easement is a Mesquite Country Club utility
building and Desert Water Agency access.
Chairman Shoenberger opened the Public Hearing.
Ms. Marie Bochnewich, attorney for Mesquite Country Club Homeowners'Association, addressed
the Planning Commission to state that, unfortunately,the Homeowners'Association had to engage
the City repeatedly to enforce existing Conditions of Approval in addition to direct requests to
Desert Chapel regarding noise and other disturbances after hours. She stated that the
Homeowners'Association would prefer to be more neighborly regarding the proposed application
but is being forced to deal with many concerns that the full-service private school creates. She
stated that conducting the public hearing in August when many Homeowners'Association members
are not available is unfortunate and asked that there be a 30-day continuance in order to better
inform the Homeowners'Association and allow the community to weigh in on having the equivalent
of a high school football season immediately next door to them. She stated that she does not see
the urgency of the request and that, if Desert Chapel wanted to start football activities this year,she
feels they should have come forward much sooner. She stated that there is a need for a higher
level of scrutiny than is being given.
Mr. Roger Lubin addressed the Planning Commission to state that he is a member of the Board
of Directors of the Mesquite Country Club Homeowners'Association and is shocked that the Desert
Chapel could not procure the appropriate insurance. He stated that the essence of the easement
requires them to do that (provide insurance) and their saying that they tried but the master
insurance policy would not allow it, is insufficient response to this requirement. He stated that the
mere act of trying and failing should not absolve them of this responsibility.
Mr. Arthur MacMillan addressed the Planning Commission to state that he has been a Mesquite
Country Club resident for 15 years and that the Noise and Lighting Ordinances are in effect 24/7
to guarantee that he has the right to the peaceful enjoyment of his home. He stated that his
bedroom is very close to Desert Chapel property and that, at 10:00 p.m., he should not be kept
awake by hundreds of screaming football fans, concerts, event lighting, train whistles,
skateboarders, street sweepers, and 2:00 a.m. stage construction crews. He asked the Planning
Commission to address these issues.
Mr. Chris Mills, project architect, addressed the Planning Commission to state that he could not
speak to the insurance issue but that the purpose of the application is to fine-tune the Master Plan
by revising some buildings, to establish a program of events, and to outline what Desert Chapel `�
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Page 8 of 11
Planning Commission Minutes
August 27, 2003
can do, where, and how long which will simplify things for everyone. He stated that the Master Plan
has remained basically the same since 1995 and the storage building is in the same location as
originally approved. He added that the special event area off of Sunrise Way to the west of the
project is utilized only for play during the day for the school and is purely a parking lot at other
times. He stated that there is no special lighting or a Public Address system in that special event
area and that it is subject to the Conditions of Approval of the Planned Development District. He
stated that Desert Chapel regrets having to abandon the street and asking the City to take it back
due to the insurance issue with the Homeowners'Association. He stated that both Desert Water
Agency and the golf course administration are comfortable with the existing situation. He asked
the Planning Commission to approve the application.
Mr. Frank Marshall, Desert Chapel Administrative Pastor, addressed the Planning Commission to
state that the intent of the church is to get along with the neighborhood and try to serve the needs
of the people who live in the community. He stated that the church desires to resolve issues and
reviewed an incident when the Homeowners'Association complained about leaf blowers early in
the morning and that the church worked to improve that situation. He stated that the one concert
that was held was an aberration and that the church was led to believe that the concert people had
obtained City approvals. He stated that the church has done a Harvest Festival on Halloween Day
for the past 20 years and that it is always done by 8:30 p.m. He stated that the facility is not
completely fenced in so people could come and play basketball or park their cars or anything
without the church's knowledge during off-hours. He stated that there are probably only five or six
home football games at which a couple hundred people attend and that games can only go 1.5
hours at the most and that the church is more than willing to lower all lights except one directed at
the field in order to clean up after games.
Mr. Mike Linley addressed the Planning Commission to state that he agrees that events should be
done by 10:00 p.m. and that Desert Chapel would like to have ten football games a year. He stated
that Desert Chapel is not self-insured and its insurance carrier is "Guide One" (although the
insurance agent was asked to research other carriers in order to secure the requested liability
coverage). He stated that Desert Chapel met with the City Attorney and resolved the insurance
issue with both American Golf and Desert Water Agency as a letter of indemnification and proof
of insurance was deemed sufficient. He stated that the insurance carrier requested a letter of
reciprocity from Mesquite Country Club Homeowners' Association; however, that Association's
insurance determined that the increased exposure to risk was unacceptable. He asked that the
street vacation issue be removed from the application in order for the project to move forward.
Ms. Bobbi Gaffney, Manager, Mesquite Condominium Homeowners' Association, addressed the
Planning Commission to state that Mr. Linley is correct about the insurance and that, if rules are
complied with (e.g. activities over and lights out by 10:00 p.m.), there should be no problems;
however, events at Desert Chapel are running as late as 2:00 a.m. She asked who will ensure the
10:00 curfew of activities. She stated that her organization is also a non-profit and needs the
protection from risk, as driving through a parking lot is increased exposure.
There being no further appearances, the Public Hearing was closed.
Commissioner Matthews commented that, in 1999, Desert Chapel was not going to have a football
field so he is sympathetic to the lighting issue and concerns of the neighborhood but also noted that
the increase in site intensity also provides a great community resource. He stated that he sees no
in IP% tole
Page 9 of 11
Planning Commission Minutes
August 27, 2003
reason why the 10:00 p.m. curfew cannot be well managed, even if it means hiring security
personnel. He stated that he would like to see a traffic study for Sunny Dunes Road and Sunrise
Way and that there are many other issues which need further review. He suggested that Mr.
Marshall give Mr. MacMillan his cell phone number so that, if there is a problem at 10:00 p.m., Mr.
MacMillan can immediately report it.
Director reported that the first football game of the season is scheduled for September 12, 2003
and that one option would be to issue a one-time use permit for that game and evaluate
compliance with the lighting and noise issues before approving the activity program.
M/S/C (Matthews/Grence 5-0, 2 absent) to approve the final development plans for the storage
building subject to Conditions of Approval in Staff Report and continue the remaining issues for
consideration at the next Planning Commission meeting in order to give the applicant,
neighborhood, and staff the opportunity to further resolve issues and evaluate the success of the
September 12, 2003 football game.
Case 5.0968 and C e 5.0970 —Application by the City of Palm Springs for Zoning Ordinance
Amendments: 1) to all second family unit applications ministerially without discretionary review
in accordance with Gov nment Code Section 65852.2 (AB1866 - ministerial action), City wide in
the R-G-5, R-1, R-G-A, a d R-2 Zones; and 2) to allow live theater signs in the Historic Central
Business District (CBD) zo and City- and
historic properties City-wide.
Chairman Shoenberger open d the Public Hearing. There being no appearances, the Public
Hearing was closed.
Chairman Shoenberger announce\ga
t, though there are two text amendments included in the
above agenda item, he would like iew them separately as they are very distinct issues.
He asked that the Planning Commn view the live theater signs issue first—Case 5.0970.
Chairman Shoenberger stated that are t o Planning Commission members absent who have
previously commented on this issu furthe stated that Commissioner Conrad had specifically
stated that she would not support queste amendment. He stated that he also has stated
similar concerns at the meetings o June 25, 003 and July 09, 2003.
Commissioner Matthews stated te will not sup ort this item due to his previously stated
reasons which include his concern the request is a result of bad negotiations and people
downtown not getting along and wbe a poor substit to for good planning.
Commissioner Wright echoed Comioner Matthews com ents and stated that approval of the
proposed text amendment would n good for the City.M/S/C (Grence/Hochanadel 5-0, 2nt) to deny Case 5.0970. 1
CITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
September 10, 2003
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
ROLL CALL Present Present FY 03-04
This Meeting to Date Excused Absences
Jon Shoenberger, Chair X 5 0
Dianne Marantz, Vice Chair X 4 1
Mark Matthews X 4 1
Jerry Grence X 5 0
Tracy Conrad X 4 1
Ricky Wright X 5 0
Larry Hochanadel X 5 0
STAFF PRESENT:
Douglas R. Evans, Director of Planning & Zoning
Dave Barakian, City Engineer
Marcus Fuller, Senior Engineer
Alex Meyerhoff, Principal Planner
Larry Mainez, Principal Planner
Kathy Marx, Associate Planner
Gabriel Diaz, Assistant Planner
Michele Boyd, Administrative Coordinator
Chairman Shoenberger called the meeting to order at 1:35.m.
The September 10, 2003 agenda was available for public access at the City Hall exterior bulletin
board and the Department of Planning & Zoning counter by 4:00 p.m., September 05, 2003.
M/S/C (Marantz/Hochanadel 7-0) to approve the minutes of July 09, 2003 as presented.
M/S/C (Hochanadel/Grence 7-0) to approve the minutes of July 23, 2003 as presented.
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Page 6 of 13
Planning Commission Minutes
September 10, 2003
h. Add "if needed, applicant may propo custom street signage subject to approval
by the City Engineer" to Engineeri Condition No. 65.
Planning Commission adjourned for a ief recess and was called back to order at 3:15 p.m.
Case 5.935-PD-59—Application by Desert Chapel for revisions to the Desert Chapel Master Plan,
Planned Development District 59, to include: 1) the addition of classrooms, a nursery, an
administrative building and a new special events area; 2) regulations regarding the time place and
manner of special events, including night time football games; and 3)consideration of rededication
of the Sunny Dunes right of way, located on 10.16 acres at 630 South Sunrise Way, PD 59 Zone,
Section 24. Continued from the meeting of August 27, 2003.
Director reported that all parties met to discuss the right-of-way issue and that both the
Homeowners' Association and Desert Chapel agree that the best remedy is to have insurance
representatives collaborate to find a solution and staff will report back to Planning Commission on
this issue.
Alex Meyerhoff, Principal Planner, reported that a revised set of Conditions of Approval has been
distributed todayand thatthe Homeowners'Association still has concerns regarding football games
at this site but the applicant has agreed to control and closely monitor the site in response to those
concerns. He reported that the approval could be revoked if Conditions of Approval are violated.
He reviewed the site plan and parking areas. He reported that the football season has seven
games scheduled; however, if the team makes the finals, there could be as many as 10 games
onsite.
Chairman Shoenberger opened the Public Hearing.
Ms. Marie Bochnevitch, attorney for Mesquite Country Club Condominium Owner's Association,
addressed the Planning Commission to state that she is pleased to report that, after meetings with
Desert Chapel, the Homeowners' Association now feels its concerns are being addressed. She
clarified that, if Conditions of Approval are not strictly adhered to, then the Homeowners'
Association opposes football at this site. She stated that the Homeowners' Association is very
disappointed that the use has been going on without permits for a number of years. She requested
that the City require Desert Chapel to provide the Homeowners' Association with an emergency
contact phone number. She stated that it would be premature to approve the classrooms and other
uses without resolving the Sunny Dunes Road right-of-way issue first. She stated that the
Homeowners' Association is happy that the proposed Conditions of Approval address oversight,
security, and control which will give homeowners an avenue for reporting concerns. She stated
that the Homeowners' Association will be carefully monitoring how football games are conducted
at Desert Chapel and requested that she be afforded the opportunity to review the proposed
lighting plan for the football area prior to staff approval.
ilu p 107
Page 7 of 13
Planning Commission Minutes
September 10, 2003
Mr. Chris Mills, project architect, addressed the Planning Commission to state that the
nursery/toddler areas have always been on the master plan and are in the same location as when
the street was an actual street (and are 40-50 feet away from the curb at Sunny Dunes Road). He
reported that Desert Chapel has indicated all lights and speakers on the site plan and asked that
those locations be approved at today's meeting. He stated that the football lighting is oriented as
far away from residential units as play will allow, adding that a lighting expert was consulted and
confirmed that minimal lighting is being used.
Mr. Gary Skinner addressed the Planning Commission to state that he has been a teacher and a
coach for the past 30 years at Palm Springs High School and a football coach at Desert Chapel
for several years. He stated that games were moved up from 7:30 to 7:00 to help alleviate the
noise situation at night and that almost all games and clean up are over by 9:00 p.m. He stated
that there was one game that ran an hour late because the other team showed up one hour late
from San Pedro. He stated that the team has eight players, not 11, and that the Palm Springs High
School ball field is too long for the Desert Chapel team to use.
Mr. Frank Marshall, Administrator, Desert Chapel, addressed the Planning Commission to state
that Desert Chapel wants to be respectful of its neighbors and do good work for children. He
stated that Desert Chapel also wishes to do special events, such as the annual alternative
Halloween celebration which is traditionally over by 8:30 p.m. but asked that this year it be allowed
to go on until 10:00 p.m. as Halloween is on a Friday night.
Mr. Charles Theodosio addressed the Planning Commission to state that he is the Chairman of the
Deepwell Estates neighborhood organization and that there are a lot of complaints about special
events arena which include concerns regarding proper land use in a residential neighborhood (e.g.
noise, traffic, lights, unsupervised youth, decreased property values, and the reduced ability of
residents to derive peaceful enjoyment from their homes). He asked that alternatives such as
using the Palm Springs High School football field be considered, despite Mr. Skinner's comment
that the field is too large. He stated that Desert Chapel has a history of ignoring rules and
complaints in the past and that the City has not required compliance. He stated that, at the last
concert held at Desert Chapel, there was no permit, it did not comply with noise levels, noise went
unabated by the Police Department even though residents called to complain. He stated that, 2-3
years ago, Desert Chapel tore down the nursery next door without a permit. He stated that, despite
concerns from residents regarding Asbestos, the City did not do anything and ignored contractual
obligations on Sunny Dunes Road. He stated that Desert Chapel receives preferential treatment
from the Police Departmentwhich directs traffic on Sundays and that there is now a stop light being
installed at Sunny Dunes Road and Sunrise Way, which, he stated, would have required approval
from the City of an exemption as the Zoning Ordinance addresses stop lights into dead ends. He
stated that Desert Chapel should not be given special treatment and that there are 350 homes in
the Deepwell neighborhood and that those residents deserve to enjoy a peaceful neighborhood.
He asked the Planning Commission to deny the application.
Mr. Ken Husky addressed the Planning Commission to state that he has been a member of the
Deepwell neighborhood for 25 years and commended the Desert Chapel for cleaning up the area.
He stated that he approves of the youth football use and that he can't see the lights from his house,
but can, however, hear the noise from Desert Chapel and from Palm Springs High School. He
stated that Desert Chapel does not ask for money from the City but provides positive activities for
area youth. He stated that, in his 30 years of coaching experience, he has found that active,
to A Ib
Page 8 of 13
Planning Commission Minutes
September 10, 2003
engaged kids are good, productive kids, so the City should encourage this land use. He stated that
the City also benefits as the kids and families who visit from out of town do spend money here.
Ms. Sheila Wood addressed the Planning Commission to state that she is a Deepwell resident and
has no complaints about the games. She stated that she is the mother of five boys so she sees
the importance of having safe places for kids to go and participate in healthy activities and that, on
that level alone, she encourages the Planning Commission to approve football games at Desert
Chapel.
Ms.Jeannie Dremmel addressed the Planning Commission to state that she is a Deepwell resident
and lives only two streets away from Sunrise Way. She stated that she does not hear much noise
from these events and is surprised that this is such a problem. She stated that she felt "happy
noise"should be okay and that there is not enough going on for kids. She added that she can hear
noise from Palm Springs High School.
Ms. Marie Bochnevitch addressed the Planning Commission again to respond to Mr. Mills' request
for an exemption for the lighting plan. She stated that the Homeowners' Association and Desert
Chapel spoke at length regarding this subject and she has seen markings on the plans but those
markings are not enough for determining a permanent change. She asked that Desert Chapel
submit a lighting plan.
There being no further appearances, the Public Hearing was closed.
Director reported that staff will work with the Homeowners' Association and applicant regarding
special events timing and lighting plans and specifications. He stated that staff will monitor
compliance at this Friday night's game as there is a one-time permit approved for this game.
Commissioner Marantz commented that it is unfortunate that the Palm Springs High School use
is not an option for the football activity and that she would like to see a finalized lighting plan. She
stated that she would also like to see the fifth-wheel travel trailer currently located onsite (on the
wash side) removed.
Commissioner Matthews commended the neighborhood and Desert Chapel for getting together to
work things out better.
Chairman Shoenberger thanked the Homeowners'Association and Desert Chapel for their mutual
collaboration and assured the neighborhood members that the City will follow up if Conditions of
Approval are not followed.
Correction: January 26, 2004:
Page 9 of 13
Planning Commission Minutes
September 10, 2003
M/S/C (Matthews/Wright 7-0)to approve the revisions to the Master Plan of PD 59, including
nursery, administration building, and new special events area, special events, nighttime
football games, and approve subject to Conditions of Approval and Condition No 1 to be
amended to allow tear-down until 10:00 p.m. and Condition 11 to be amended to specify
"regular" schedule and allow for unscheduled games due to team's advancement through
playoffs.
Case 6.472 — Application by Jose Antonio Vasconez for a Variance to allow construction of
additional living area within ni feet six inches of a rear property line backing on a local/collector
street to a single family residenc located at 1990 Mark Leslie Drive, R-1-C Zone, Section 24.
Kathy Marx,Associate Planner, revi wed the project location,surrounding neighborhood,and staff
report. She stated that the applican has also submitted a proposal for painting and roofing the
house. She reported that staff has re eived two public comments of opposition to the application
and one in support. She reported that he roof has been taken off, is currently tar papered, and
is a code enforcement issue. To waylay he concern of two adjacent neighbors, the Conditions of
Approval do indicate that if the project is not being completed in a timely fashion, that Planning
Commission or City Council may revoke t variance.
Director clarified that work done to the hous at this point has been unpermitted.
Chairman Shoenberger opened the Public Hea 'ng.
Mr. Richard Hammer addressed the Planning Co ission to state that he is the President of the
Homeowners'Association for Versailles condominiu complex which is directly east of this project.
He submitted six letters of opposition to the applicatio and stated that the letters are not only from
residents of Versailles but also residents to the south o his property. He stated that the residence
has been an eyesore since 1981 and has been unde construction with no permits and area
neighbors have no confidence in the applicants ability or 'llingness to completing the project. He
stated that the tar paper roof has blown off and that he ca 't believe that people are living in the
home in that condition. He asked if there is a fine process f r doing construction without permits.
He stated that he believes that the majority of the neighborh od is opposed to the application.
Ms. Ruth Sanderling addressed the Planning Commission to st to that she has lived in the area
for a long time and that the subject home is a disgrace and shou not be given a variance of any
kind until the whole place is properly renovated. She stated that it i the only property in the entire
neighborhood that is an eyesore. She asked the Planning Commi sion to consider that, If they
haven't finished the construction by now, how can they expect that th applicant will complete this
project. She urged the Planning Commission to deny the variance an added that the residence
should be demolished due to the level of disrepair.
Mr. Jose Vasconez, applicant, addressed the Planning Commission to ask why Building
Department didn't stop the work being done without permits. He stated tha he had a roof permit
in 2001 but ran out of money before the roof was constructed. He stated tha it is his intention to
comply with City regulations and that he understands how the neighborhood fe s about his house.
He stated that he submitted drawings to the Building Department for work on t e house and has
1O ` ` 0
Page 4 of 8
Planning Commission Minutes /
October 08, 2003
Street is very supportive of the overall project. He stated that there ar7- everal minor issues to
clarify including the actual utility poles to be undergrounded, the yetlow painted loading zone
adjacent to the ingress/egress into the City parking lot (may not be appropriate for"loading" use
now and could more efficiently be used for two additional parking s ces). He stated that he has
not had the opportunity to discuss with the ADA Coordinator yet; I owever, anticipates that the two
existing spaces which are ideally located just off North Palm C nyon Drive in the City parking lot
would be the most appropriate and will work with staff to includ those two spaces in the applicant's
parking count. He commented that, although staff comm nted that white Tivoli lights are not
approved, he believes that the existing lighting was approved as white Tivoli lights and that Main
Street is very supportive of this lighting if it is done in go 6d taste.
Director clarified that staff is requesting that the utili lines be undergrounded from the existing
riser pole and across the back of the parking are to the existing pole on the north (moving the
undergrounding to the next pole, as did the Lobs) r Company(moving to the next pole). He also
noted that the area is in a redevelopment area and a portion of the utilities run across City property
and stated that the applicant may wish to co act the RDA for possible assistance. He reviewed
the exhibits of the location of the above-gro nd poles.
Marcus Fuller, Senior Engineer, clarifie that the utilities are on the western property line (not on
the south as stated in the staff report . He also stated that staff will research the possibility of
allowing parking in the existing loadi g spaces as they may not be necessary at this time.
Director clarified that the City's p icy regarding Tivoli outdoor lighting is that it is architectural only
and does not hang between tre s or buildings.
M/S/C (Conrad/Marantz 7- to approve subject to Conditions of Approval and that applicant to
work with staff regarding e ADA parking space location and the location of loading areas, and
that utility lines will be dergrounded from the south of the northernmost pole to the adjacent
property and that no " oli lighting be used outdoors.
Case 5.935-PD-59-Application by Desert Chapel for revisions to the Desert Chapel Master Plan,
Planned Development District 59 for consideration of special events, nighttime football games,and
rededication of the Sunny Dunes right of way located on 10.16 acres at 630 South Sunrise Way,
PD 59 Zone, Section 24. Continued from the meeting of September 10, 2003.
Director reported that the applicant has requested a continuation in order to complete research
regarding the insurance/access easement issue with the Mesquite Homeowners' Association.
M/S/C (Hoch anadel/Grence 7-0) to continue to the meeting of October 22, 2003.
5.0870-GPA-PD-268/TTM 31318, an Application by Ernie Noia for an amendment to the Planned
Development District for the Indian Oasis Resort, a General Plan Amendment, a Tentative Tract
Map and a Tentative Parcel Map, and approval of final development plans for the corporate
business park. The project is located at the intersection of Mesquite Avenue and Crossley Road,
ko A % 1
Page 5 of 9
Planning Commission Minutes
October 22, 2003
Planning Commission was recessed briefly and called back to order at 2:30 p.m. Commissioners
Matthews and Shoenberger returned to the meeting. Commissioner Wright left the meeting.
PUBLIC HEARINGS:
Case 5.935-PD-59-Application by Desert Chapel for revisions to the Desert Chapel Master Plan,
Planned Development District 59 for consideration of special events, nighttime football games, and
rededication of the Sunny Dunes right of way located on 10.16 acres at 630 South Sunrise Way,
PD 59 Zone, Section 24. Continued from the meeting of October 08, 2003.
Director reported that the applicant is working on revised exhibits and requests a continuance to
the meeting of November 12, 2003.
Chairman Shoenberger opened the Public Hearing. There were no appearances.
M/S/C (Marantz/Grence 5-0, 2 absent)to continue the Public Hearing to the meeting of November
12, 2003.
Case 5.0974 — Application for a Conditional Use Permit by John & Janet McSweeney for
construction of a casita located\attracting
00 Menlo Circle, R-1-C- Zone, Sections 24 and 25.
Matthew Feske, Assistant Planviewed the plans for the proposed casita and reported that
it is adjacent to the existing tenurt. He reported that the intent of the property owner is to
utilize the casita for family and i al guests.
Chairman Shoenberger opene Pu is Hearing. There being no appearances, the Public
Hearing was closed.
M/S/C (Matthews/Marantz 5-0, sent) to a rove subject to Conditions of Approval in Staff
Report.
Sign Program—Application by R Sign Company fo Sign Program amendment for 254-260
North Palm Canyon Drive (EnzBD Zone, Section 1
Director reviewed the existing urant's second floor, for erly the location of the St. James
Cafe, noting that the location is llenge for attracting the pu ic. He reported that in February
the applicant applied for a sign would project into the public " ht-of-way but that application
was denied by the Planning Cosion. He reported that the app t ant subsequently installed a
channel letter non-lit sign on the building and plans to do an awning[ogram. He confirmed that
staff will work with the applicant on the blade sign that would hang below) a awnings. He reviewed
the logo script and the salmon color of the proposed signage stating that i will give an outstanding
opportunity for the restaurant to have more public recognition.
Page 4 of 8
Planning Commission Minutes
November 12, 2003
Mr. Sam Rasmussen addressed the Planning Comm' ion to state that he is the new owner of the
Courtyard project and that Ocean Property Devel ment is the parent company. He stated that
the theater is currently undergoing a $2 million model and will be a high end theater.
M/S/C (Matthews/Conrad 4-0, 2 abstention , 1 absent) to approve subject to using a metal cove
(painted to match building) to cover exp ed neon.
Commissioners Shoenberger and H hanadel returned to the meeting.
w w w w w
PUBLIC HEARINGS:
Case 5.935-PD-59-Application by Desert Chapel for revisions to the Desert Chapel Master Plan,
Planned Development District 59 for consideration of special events, nighttime football games, and
rededication of the Sunny Dunes right of way located on 10.16 acres at 630 South Sunrise Way,
PD 59 Zone, Section 24. Continued from the meeting of October 22, 2003.
Director reported that the applicant has requested a continuance to the meeting of November 26,
2003 and confirmed that staff will send an additional hearing notice to all property owners within
500 feet for that meeting.
M/S/C (Marantz/Hochanadel 6-0, 1 absent)to continue to the meeting of November 26, 2003 per
applicant request.
w w w w w
Case 5.0978 — Application by Jane Owen and Jeanne Burke for a Conditional Use Permit for
approval of a multi-family re 'dential use in an R-1-C Zone for property located at 2388 Sunrise
Way, R-1-C Zone, Section 1.
Kathy Marx, Associate Planner, re iewed photographs of the subject building and explained that
on September 3, 2003, City Council ended the Zoning Ordinance to provide a relief mechanism
for multi-family residential uses affect by the 1973 and 1995 down-zoning.
Chairman Shoenberger opened the Pub Hearing. There being no appearances, the Public
Hearing was closed.
M/S/C(Conrad/Marantz 6-0, 1 absent)to approve ubject to Conditions of Approval in Staff Report,
w w w w w
Case 5.0842 (PD-77) —Application by Christopher Mills chitect, Inc. for Maurice Refoua for an
amendment to the existing Planned Development District to�dd to existing retail center and expand
parking for retail use at 611 South Palm Canyon Drive, PD-7�2one, Section 22.
Matthew Feske, Assistant Planner, reviewed the Staff Report d exhibits for the Planning
Commission.
`p N ?4
Tuesday, January 27,2004 4:06 PM Ropert E. Pailthorp 15417658902
P.02
a
13 JAN 2 7 2004 E
Januav 26, 2M, RECEIVED
RIE FIVE �
Mayor and City Councilors
Douglas R. Evans, Director of Planning and Zoning
City of Palm Springs
Subject: Case No. 5.935-PD-59
Desert Chapel application to amend PD-59
Our home is in Phase 3 of Mesquite Country Club. Our unit is the closest
and directly exposed to the Desert Chapel activity areas.
We want you to know that we do not agree with the position of the
Board of Directors of the Mesquite Country Club and Home Owners
Association (MCCHOA). We understand their position is to accept football
games and special activities at the Chapel.
You may know that the MCCHOA consists of several separate
Phases. Only Phase 3 is adjacent to the Desert Chapel, At present there is
no Board member from Phase 3. The Board took their position without
contacting homeowncrs in Phase 3.
We believe the Board and their lawyer have principally focused their efforts
on trying to reach an agreement with the Desert Chapel for MCCHOA
vehicle access over the Desert Chapel property.
Desert Chapel has asked for approval of football games. Please
consider what may be considered part of a "football game". Does a
"football game" include: people and their transportation coming and going, a
play by play announcer on a PA system (at what sound level?), group cheers,
half time activities (bands, fireworks, eta), air and/or electronic horns, home
coming queen selection and installation, practice sessions, etc.? We ask the
Council to consider the total range of activities that could be considered to
be part of a "football game".
It has been stated by Desert Chapel representatives that nine-man
football could not be played on other fields in the community because the
nine man field is small. We ask the Council to explore this statement. It
seems likely that with a few line changes a large field could be modified to
accommodate a game that requires a smaller field.
Rather that permitting specif-ic.Desert Chapel activities, we suggest
the City require Desert Chapel to comply with light glare, noise, amplified
sound, and other appropriate nuisance limits. This would allow the Chapel to
choose activities that would comply and/or conduct activities so that they
would comply. Otherwise it would seem necessary to go through hearings
for each new activity.
Tuesday, January 27, 2004 4:06 PM Robert E. Pailthorp 15417658002
p.03
The distance of the football field from our residence has become an
issue. The distance is easily determined. I wish to stress that the special
events have not been held on the football field. They have been staged most
recently in the parking lot directly adjacent to our home, about 100 feet from
our patio, In addition to amplified sound the portable gas engine driven
lights were moved from the football field to light the special events area.
The north end of the football field is about 200 feet from our patio and the
center of the football field is about 350 feet from our patio. These distances
have been scaled from an aerial photo of the site.
At the last hearing session the Mayor mentioned the need for trust.
Trust can exist between people. Our trust of the Desert Chapel was dashed
when we were assured by a senior Desert Chapel representative that they
had the necessary permits for an exceeding loud and flashy concert on the
football field. There was never any apology for the event, Instead, Desert
Chapel members offered their statements of justification in the Desert Sun.
Trust takes time to develop and in this case mutual respect for neighbors and
appropriate actions to comply with existing regulations- - regulations that
represent the existing agreement of the community concerning the
appropriate use of property. We suggest that is the reason citizens have
chosen to give government the power to adopt rules/ordinances on which
people can rely to preserve the value of their community,
We are being asked to accept specific, although ill-defined, activities.
How can we tell the impact of an activity in advance? We believe Desert
Chapel should be able to undertake any activity that is permitted by
regulation and ordinance. We also believe they should conduct their selected
activities such that our rights are protected to the same extent as other
similar residential areas within Palm Springs are protected by rules and
regulations. It is our hope that the City departments will be able to monitor
and regulate Desert Chapel activities for compliance.
Sincerely,
• a-
Robert and Dorthea Pailthorp
Jh1. )L rr--C LC LD
i E C� lip
RESIDENTS OF MESQUITE COUNTRY CLUB PHASE III,K-75 E ® P' g94
lr"a,&'7rdS'f13'EU cz G�eB4���
January 31,2004
Dear Mayor and Council Members,
I attended the council meeting on 21 Jan 2004 that concerned the Desert Chapel's request for
expansion of their facilities. Their plan assumed a pre-existing approval of night football games and
special events. The Chapel initiated night football and special activities without proper authority. I
understand that the Chapel agreed to strict noise and light restrictions at the time they were granted a
permit to construct the school and nothing has legally changed. It is hard to believe that for two year,
without authority, the Chapel expanded their activities and even after complaints of extreme noise and
floodlights, nothing was done to stop these activities. There is definitely a perception that the previous
Council was biased toward the Chapel (with a Mayor, three Council Members and some City Planners
being members of the church). I got the impression from the Chapel supporters that they truly believe
going around the Council,the planning board and their residential neighbors was acceptable because it
was for a greater cause. Most folks would agree it is good for children and teenagers to have a
supervised place to go in the evenings but that is not the issue. I agree with council member Ms. Float
when she said, "this is a land use issue." The Chapel's residential neighbors bought homes around a
golf course, other homes and a nursery. The Chapel "Corporation" initially built a small Church in a
quiet residential neighborhood. Now the Chapel's goal seems to be an ever expanding"Campus"with
more and more night activities requiring floodlights and magnified sound. These events should never
have been started with homes so close to the football field and events area. The Chapel built the
school in an existing quiet neighborhood where there are certain inherent noise considerations. There
have been noise and bright light problems for years due to their un-permitted night activities. The
Chapel has not proven themselves to be a good, responsible neighbor. They have not been quick to
respond or resolve problems and the way they initiated night football and special events is
unacceptable.
As resident neighbors of the Desert Chapel,we are very concerned by their expansion plans(Case No.
5.935-PD-59). These plans include areas that border the Baristo Control Channel, only 80 feet from
our homes. The Channel area is in direct view and ear shot of approximately 32 of the homes at
Mesquite. As I now understand the Desert Chapel Plan, there will be a designated "special events
area", a nursery and a 17-ft high storage building, all in the small area that is near an existing
playground and parking area (nearest to the phase III Mesquite Condos). The end state master plan
for the Desert Chapel Corporation is absolutely unclear. Additionally,the Chapel did not adhere to their
responsibility of maintaining a 7-ft Oleander fence along the Baristo channel, to help muffle the noise
and block the parking lot/special events area view. Earlier last year after many of the plants had died
homeowners complained to the Chapel, nothing was done until the Condo association took action to
get the Chapel to re-plant some bushes. We now have sparse new growth even after many years. I
would think that with the noise complaints they have had they would have been quick to keep the fence
healthy and thick.
I am also surprised at what seems to me as a lack of a neighbor friendly master plan. I would think the
Chapel architect would want to keep potential noise problems as far from neighbors as possible. The
Tahquitz Creek area and the area adjacent to Sunrise Way are the farthest from most homes. There
are large open areas at the SW corner and along Sunrise and I cannot help wondering how these
spaces will be developed. I think the development of the school functional areas has lacked common
sense cohesion.
Night football and most night special events should not be allowed. The Chapel administration chose
to build a school in an existing quiet residential area and began activities that have high noise levels
10 V;� * —1
• Page 2 January 31,2004
without city and neighborhood consent. They have a large gymnasium that could contain many noisy
events. Many other small private schools built in residential areas do not have full sports and event
facilities.
Please do not consider passing the expansion plan at this time. I believe all phases of the"End State
Campus"should be identified and given noise, time and lighting limits. We should all be concerned by
the parking, Baristo channel access (near a nursery and special events area) and traffic flow issues.
Additionally, I recommend that an investigation be pursued to identify how the Chapel assumed so
much authority through the previous council and the City Planning office. I really think the expansion
plans should be disapproved until a residential committee agrees to a plan. Any future plans should
include only a few night events with noise. The Chapel land is not right for unlimited growth and use.
We ask that all property owners be advised of what impact the Chapel's additional areas and buildings
will have on the neighborhood traffic,parking and noise prior to any council approval.
Sincerely,
John Dominge and Ernest Sabo
Residents of Mesquite Phase III
Copies to: Mesquite Country Club HOA, Mesquite Country Club Lawyer, and the City of Palm
Springs Planning Office
`O
Alex Meyerhoff, Principle Planner IAN 5 City of Palm Springs 2004
Department of Planning and Zoning f��Csnrur2c� �, tlr,`
P.O. Box 2743 w
Palm Springs, CA 92263
RE: Case# 5 935-PD-59
Dear Sirs,
I have received notice of the request for expanded use by the Desert Chapel, reference case number
above.
I am opposed to any expansion of the use by said applicant. The historic use of the applicant has caused
noise and traffic that is unsuitable for a residential neighborhood (my unit backs up to the
Chapel...Mesquite CC). When complaints are filed on late night games, noise etc the policy fail to
properly monitor the problem.
Thank you,
Josep 1`. Wild II
2001 Camino Parocella
Palm Springs. CA
CF. CEPV® -. .
Al 14 not
TO: Mayor Ron Odom, City Council Members & P€ONra Q ct f 01 sd<<,
City Planners of Palm Springs, CA
0-110 I: Karleen and Roger Grummett
2001 E. Camino Parocela J72, Phase 3, Mesquite HOA
Palm Springs, CA
SUBJECT: Case No. 5.935-PD-59,
Desert Chapel Application to Amend PDD 59
HEARING DATE. January 21, 2004
Dear Ladies and Gentlemen,
The following addresses only one of Desert Chapel's ongoing lighting, noise, and
permit violations. It concerns the football/special events field location and attendant
noise. We invite you to visit this site and cross the footbridge to see for yourselves the
closeness of our building to this field and how it impacts our property's value:
The Problems: We don t know what upsets us more,
1. that someone would build a football/special event field 250 feet from our residence,
2. that this field was constructed below the radar, without notice, to the City or to
neighboring residences,
3. that Desert Chapel is asking for approval of this field for special events that go
beyond the ten football games per year they are requesting, and that already occur,
4. that the request for approval asks permission to use a public address system,
5. that events continue to be staged in an unapproved venue,
6. or that Desert Chapel has continued to violate city ordinances without penalty.
We are reasonable, fair-minded people. We enjoy children and knew when we bought
our condominium in 1996 there was a small school next door. But no one could have
bargained for the unannounced and sometimes illegal expansion of the school and the
insensitivity of Desert Chapel as a neighbor, all of which has been previously
documented.
And noise violations continue. For example, one morning on November 2003 we were
wakened at 5 a.m.by a leaf blower in Desert Chapel's parking lot near the field. Then in
December, we were subjected to a long Christmas special event at the field. It was more
than a simple tree lighting ceremony. It was a full-fledged choral concert with public
address system at full tilt. In both cases, the ensuing noise was like hosting the event in
our living room. Though we've never done this before,but because we are given no
`oA a 6
other recourse for immediate help, we called the police department citing violations of
the noise ordinance.
Solutions: It's unreasonable to expect the people in Phase 3 of the Mesquite
Homeowners Association to be any more understanding. We strongly oppose the
approval of this special event/football field. In the interest of fairness and to rectify
past injustices,we request that Desert Chapel be required to do the following:
1. Conduct special events inside the multi-purpose building to contain them as Chapel
originally said they would. (This does not effect playground areas.)
2. Find another appropriate venue for football games or redraft field plans to a site
near the street area adjacent to Sunrise Way or closer to the wide-open Tahquitz
Creek area and away from our phases' residences.
3. Use the public address system only for emergency services. Directing speakers away
from residences has little, if any, affect and is unenforceable.
4. Provide security of the whole school area 24/7.
We would also request a contact for Mesquite residents to report incidents so the City
can get a feel for how many violations occur at or near this field on a regular basis.
We respectfully appreciate your time, attention, and interest in rectifying these
disturbing developments of Desert Chapel.
T(arleen Gr tt
Roger rummett
Copies to: Mayor Ron Odom
Alex P. Meyerhoff, Principal Planner, Dept. of Planning & Zoning,
Douglas R. Evans, Director of Planning and Zoning,
City of Palm Springs
C lohier tr, 2�1111'liw�� OCT — 7 2003
LPLANNING, DIVISION
1°'ahn Springs I.N.114,
Re; Desm: r har ,f.
1'f'li' t �^����x inf" 1 11u hlry '' Ertl�y
ul lV alit �1asi , l"4°Nr°11kq' L+1L7nf!' P113i1n7
t.lh k-a4wtQr �lll do ln.l.: nnlltirl Pd:7ltu�l,r. wt .i:; y!Ln wLa,1l!uQ tf1 rL,sr� r111'1!h1 n , L,lhw rl
tt '%-�,as �t"Lih:("i ll4,l vq,,13n ciF .,,or to iVoqirire 1,11,o 1t, l44u�f fi L
v-'urc hoijag, u,��cd Islruid i1lgciJiu- t?I,wld,111, ille IlAvl11i (";1i..,l,U.�` p1i.
NIN her, [ entered 11'Te Qwarol.h�tluQk' lie.QdL, sv. do,1wt 0-l!"111cre vll!� nS LWI Rdralkl
supervis. nig the acth idles u].rj ffie .'PQ.ww.i&,Ci l fi,L l'i. The 4.7ne adult was.
cnr'I the fiLo d fl-I . hLWdIcHts jde mfl Ted Di rn cu , 11jL�tcPubr Sf c
1 111 13 t mE^ #,l Y �sttIr'k�s,�Urt'.1 fay :h�n�1 r���ri1 lltr l,i�w>1 Y �ruGn;l �f'tt lu-hlttt�� ti:ra°
is that they were going to be constructing their Homecoming Floats that
evening on the football field.
I asked Ms. Fletcher who authorized the use of the football field lights to
be turned on and who approved the evening outdoor activity — her
response: "Frank Marshall".
Arthur MacMillan
Mesquite Country Club
2001 Camino Parocela K77
Palm Springs, Ca. 92264
kO P1 a�
09/30/2003 08:45 760-325-7040 DESERT CHAPEL PAGE 02
Cj _l
DESERT CHAPEL
"ASPIRIr-FYLLE0 FELLOWSHIP"
September 30,2003
City of Palm Springs
Depwiment of Planning&Zoning
ATTN:Doug Evans,Director of Planning&Zoning
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
f?A FACSIMILE
Re: PD#59
Dear Mr. Evans:
We are requesting a further continuance of our PPD to October 22,2003 in order to
Prepare more detailed drawings of the street map in question.
Thank you for your assistance.
Sincerely,
Prank Marshall
Administrator
630 South Sunnse Way • Palm Springs, CalPfomia 92264 • Phone (760) 327.2772 • Fax (760) 325-7048
www.desertchapelorg
In fA a°I
rCTIC
3 September 2003
To: Mr. Alex Meyerhoff
Commission of Planning&Zoning
City of Palm Springs
3200 East Tali uitz Canyon Way !Fr. v
Palm Springs, CA 92262
From: Andres/Margot Guts-Melber -
2001 E Camino Parocela(B-12)
Palm Springs, CA
Certified Mail
Re£: Case No. 5.935-PD-59
Dear Mr. Meyerhoff,
We are property owners at 2001 E. Camino Parocela, our condominium
being adjacent to Camino Parocela and perhaps furthest away from the Desert Chapel.
We hereby strongly object to the proposed expansion by the Desert Chapel
for the following reasons:
• Games, concerts and ball games being held on the grormds of the
Chapel near our residential compound are causing noise and light
pollution that make life in our unit next to unbearable. High
decibel levels coupled with the relentless spillover originating from
broad-beam illumination of the planned special events area most
definitely will prevent us from enjoying the outdoors and/or our
deck.
• Stadiums should not be built in close proximity of residential
housing and certainly no stadium should be allowed near a church
when it is obvious that the ill-effects on a large number of residents
resulting from the noise and light pollution created by high-volume
church/school activities clearly outweigh the benefit a
comparatively small number of fans will draw from such activities.
The church is a place of worship, a heaven for people seeking help,
solace and quietude. Some activities going on from time to time
and those now plaimed for the fature by the Church are in stark
contrast to everything the House of God stands for. Our children
should not be used as a front for pushing undue requests that are
totally out of bound with the essence of a sound residential
neighborhood.
)o
� I
1 1
My wife was told by a game official to whom she had complained in
October 2002 that the special events area "is for our children". "They need to have fun".
She replied that she is a teacher and mother herself understanding children very well, but
that we adults deserve consideration, too, adding that the adverse impact on an entire
neighborhood brought about by excessive noise and lighting spillover associated with
large-scale sports activities and outdoor concerts at the Desert Chapel is simply
unacceptable.
Therefore, it is respectfully requested that the Plarming Commission and
the Honorable Mayor's Council do not approve the proposed expansion project of the
Desert Chapel. An approval of the current application by Desert Church would mean a
denial of the adjacent property owners' right to a peaceful and relaxed life on the grounds
of their property, and if this were not bad enough in and of itself, it would also more
likely than not erode the market value of their real estate.
As an alternative to what Desert Chapel is planning to do we suggest it
rent existing facilities for their sports events and similar functions so that the children can
still enjoy their extra-curricular activities.
With best regards,
Andres and Margot urs-Melber
1015 Pico Avenue
Pacific Grove, CA 93950
m 381372-6530
CC: The Honorable Mayor Will Kleindienst/ City Council Members.
1
Meyerhoff.doc
(Palm springs Polder)
2 +
0846.03 04160pm From-GURALNICK GILLILAND +7606683066 T-002 P.02/16 F-708
GURALNICK & GILLILAND
nT70NNGYS AT LAW
ATTORNEYS SERVING 74-399 HIGHWAY 111, SUITE M TEMECULA OFFICE
COMMUNITY ASSOCIATIONS PALM DESERT, CALIFORNIA 92260 (909) 296-&629
TELEPHONE: (760) 340-1515
FACSIMILE. (760) 568.3053
EMAIL. GGOGGHOALAW.COM
PLEASE REFER TO FILE:9q-iP
August 26, 2003
City of Palm Springs
Planning Commissioners
3200 fi:Talrquitz Canyon Way
Palm Springs,CA 92262
City of Palm Springs
City Clerk
3200 6; Tahquitx Canyon Way
Palm Spnngs,CA 92262
City of Palm Springs
Planning c&Building Department
A= Alex Meyerholf
3200 E.Taliquitz Canyon Way
Palm Springs,CA 92262
all via facsimile and fiat class mail 060) 322-8360
Re: Case No.5.935-PD-59 Desert Chapel
Application for Revisions to Desert Chapel Master Plan,Planned Development
District 59
Dear Commissioners:
This law firm represents the Mesquite Country Club Condoiranium lionreowners
Association. Mesquite Country Club is situated to the northeast and east of the Desert Chapel
campus, Approximately 32 individual Mesquite Country Club condominium units are located
directly adjacent to may of the applicant's proposed improvements.
1. REQUEST FOR CONTINUANCE
The timing of this important hearing in August, in light of the long history of thspuws
between the applicant and the Association, has the effect of minimizing the ability of Mesquite
residents to participate in the process and voice their objections and concerns before the
Ia A 3
00-20.03 04:68pm From-GURALNICK GILLILAND +7605603062 T-002 P.03/16 F-760
GURALNICK di GILLILAND
ATTORNEYS AT LAW
August 26,2003
City of Palm Springs
Planning Commission
Re: Case No, 5.935-PD-59 Desert Chapel
Application for Revisions to Desert Chapel Master Plan,Planned Development District 59
Page 2
Commission. Many of the Mesquite residents are seasonal residents residing in other states and
Canada. Their concerns deserve to be heard. However,every effort has been trade here to present
the known concerns of the community.
We respectfully request a continuance of at least 30 days to permit greater participation by
the Mesquite community.
2. BACKGROUND
The Association opposed Desert Chapel's application in 1999 to vacate and abandon portions
of Sunny Dunes Road, and to construct various amenities and improvements directed towards
providing classrooms,nursery/toddler care, sports and playground facilities for its members. The
Association's opposition was in pan due to concerns regarding noise levels from sporting events,
concerts,etc. A true and correct copy of the letter submitted by the Association in September 1999.
stating concerns regarding noise levels,is attached hereto as Exhibit"A"for your reference.
The Association also opposed the vacation of Sunny Dunes Road due to liability issues
impacting the Association relating to use of Sunny Dunes Road by church members,students,and
particularly toddlers and young children.
In order to address the concerns of the Association and its members regarding noise fromthe
Desert Chapel campus associated with general use and with "special events," the Conditions of
Approval adopted November 17, 1999 include:
Condition 17,requiting submission of an exterior lighting plan, and requiring all lights to
conform to the City's noa-glare standards;
Condition 17(a), prohibiting lighting on the large playing field located in the southeast
portion of the property;
Condition 39,prohibiting evening outdoor activities which extend past 10,00 p.m.; and
Condition 40, prohibiting the use of a public address system for any reason other than
emergency service.
to
6-3
,
08-26.03 06:04m From-GURALNICK OILLILAND +7806688059 T-002 P.04/15 F-T68
GURALNICK& GiILLILAND
ATTORNRYS AT LAW
August 26,2003
City of Palm Springs
Planning Commission
Re: Case No. 5.935-PD-59 Desert Chapel
Application for Revisions to Desert Chapel Master Plan,Planned Development District 59
Page 3
After being repeatedly disappointed in Desert Chapel's numerous violations of the above
conditions during amplified sporting events,concerts,and unsupervised use of the sports facilities
by youths after hours,causing a great deal of disturbance to Mesquite residents, the Association
formally complained to the City Manager by its letter dated October 31, 2002. A true and correct
copy of that letter is attached hereto as Exhibit"B".
In response,Mr.Doug Evans,Director of Planning& Zoning, sent Desert Chapel a letter
dated December 16, 2002, detailing Desert Chapel's numerous violations of its Conditions of
Approval regarding noise levels,lighting,and event cutoff times. (That letter is attached hereto as
Exhibit"C"). Rather than insist upon compliance with the existing Conditions of Approval,Mr.
.Evans invited Desert Chapel to apply for revisions to its Planned Development District.
With respect to the issue of access over Sunny Dunes Road, we respectfully disagree with
The statement in the Staff Report that the HOA and Desert Chapel have been unable to agree on the
tams of the easement- The Conditions of Approval regarding the vacation of Sunny Dunes Road
require that there be a recorded Easement Agreement in a form approved by the City Manager. The
parties executed a binding.Easement Agreement which was recorded on September 4,2001.
The present dispute between Desert Chapel and the Association concerns Desert Chapel's
failure to comply with a specific requirement in the Easement Agreement concerning Desert
Chapel's obligation to procure insurance for the benefit of the Association. This requirement was
included to protect the Association from the obvious substantial additional risks imposed by the
increased use of The Desert Chapel campus for playground, school, and sports activities. The
Association stands by its rights under the Easement Agreement and mtends to enforce them by all
legal means.
3. ASSOCIATION'S CONCERNS REGARDING NOISE AND LIGHT
DISTURBANCE
The Association's fundamental concerns have always been that the greatly increased use of
the Desert Chapel campus, expanding from church use to essentially that of a sports stadium and
preschool/elementary school, causing a great deal of disturbance to the residents of Mesquite
Country Club. Although the units which are closest to the Desert Chapel campus are most greatly
ID
08-20-08 05:00pm From-OURALNICK GILLILAND +7005688068 T-002 P.05/16 F-766
GURALNICK& GILLILAND
ATTORNEYS AT 4Aw
August 26,2003
City of Palm Springs
Planning Commission
Re: Case No. 5.935-PD-59 Desert Chapel
Application for Revisions To Desert Chapel Master Plan,Planned Development District 59
Page 4
affected,the noise carries quite well across the golf course into units throughout the Mesquite
commugity.
The City's noise ordinances provides.
Section 11.74.043(f) Loudspeakers and Other Sound Amphfging Devices/Musical
Instruments.It shall be unlawful for any person to play,use,operate or pexmiT to be
played, used or operated, any radio receiver, musical instrument, phonograph,
loudspeaker, sound amplifier, or other machine or device for the producing or
reproducing of any sound upon any public street, alley, sidewalk, passageway or
Thoroughfate, or in or upon any public purk or other public place so as to
unreasonably interfere with The peace and quiet of any other person;or if such act is
done upon any private property,so as to unreasonably interfere with the peace and
Quiet of any person outside the boundary of such private prnpercy.
A. WSQUITE'S REQUESTED CONDITIONS OF APPROVAL
1. Limitation on Special Fvents,
We agree with The proposed condition of not more than 3 special events per year, no
amplified concerts under any circumstances,with The following modification:
a. 77ta term "special event"means an event nor longer Than 1 day in duration;
Without this modification, the "3 special events" may well turn into multiple-day long
disturbances to the Association.
2, Limitation on Football Games.
The Associaton believes that the requested special event football season permit is, by
definition, an unreasonable interference with the peace and quiet eajoyment of the Mesquite
residents, The residents purchasing units at Mesquite certainly did nor have notice that in
purchasing their property,they would be subjected to noise and activity levels equivalent to a public
high school and football stadium. Many residents would have chosen to live elsewhere rather than
08-26.03 06:00am From-GURALNICK GILLILAND +7606683063 T-001 P•00/16 F-768
GURALNICK& Glf-ULAND
ATTOBrvEYS AT LAW
August 26,2003
City of Palm Springs
Planning Commission
Re: Case No.5.935-PD-59 Desert Chapel
Application for Revisions to Desert Chapel Master Plan, Planned Development District 59
Page 5
be subjected to the disturbance associated with football games for an entire season,daring the part
of the year mosr seasonal residents most expect to enjoy peace and quiet.
Having said that,the Association opposes approval of the requested football season permit.
However, if approved, the Association's requested conditions of approval are as follows:
a. A specific lighting plan mint be sufrmirted, with an opporturtiry for the Association to
review prior to approval.
b. RaTherrhan eliminating Condition 17(a).the Association recommends that it be amended
to provide that all lights used for special event football games on The large playing field at the
southeast portion of the property shall be directed away from the Mesquire community and the
Mesquite units which are located directly north of the proposed football field in order ro prevent
light pollution and disturbance to the Mesquite Country Club community.
c. No amplified music at the football games.
3. Storage Facility.
a, No activity in or around the storage facility before 8-00 a m. or after 5.,00 p.m. This is
to protect the quiet enjoyment of the adjacent Mesquite condo units.
4. Noise Control• Maintenance and Landscape;Hard Courts.
With the continuing expanded tnuhiple uses of the Desert Chapel campus,the Association
is concerned that problems regarding noise will increase. Although the City's noise ordinances
ought to control the problem,in fact historically they have not.(Palm Springs Ordinance 11.74.041)
There have been incidents of maintenance or landscape workers causing noise from equipment as
early as 5:30 a,m.
Additionally,ansupmised and untegulated use of the existing hardcourts has caused ongoing
disturbance to Mesquite residents adjacent to the hardCOUrt facility. Complaints to Desert Chapel
have been ignored.
a. Use of blowers, electric trimmers, mowers, street sweepers, landscape equipment,
construction and utility vehicles on the Desert Chapel property is prohibited priorTO&00 a.m. and
4fter 8:00 p.m,.
ko A 3b
08-26.03 05:01Pm from-GURALNICK 01LLILAND +7605083063 T-092 P.07/16 F-708
GURALNICK d: GILLILAND
ATTOflflpTS Al LAW
August 26,2003
City of Palm Sprigs
Planning Commission
Re, Case No. 5.935-PD-59 Desert Chapel
Application for Revisions to Desert Chapel Master Plan,Planned Development District 59
Page 6
b. Use of the hard euuris is prohibited prior to 8.00 a.m. and after 8:00 p.m.
4. RE-DEDICATION OF SUNNY DUNES SHOULD BE REJECTED
The Association and the City worked long and hard to effect the vacation of the Sunny Dunes
Road right of way. At present, the Association believes that the Fasement Agreement between
Desert Chapel and the Association 1s vital to protecting it frotn increased liability for injury
associated with the multiple uses of the Desert Chapel campus. The proposal to add classrooms,
nurseryhoddler child care facilities and playground facilities merely emphasize the Association's
need for increased protection from liability. There are no grounds to re-dedicate Sunny Dunes Road
to public use. The Association supports the position of the City's Frigineering Department in this
respect.
Very truly yours,
GURALNICK&G11111-AND
Matie A.13ochnewich
/ms
94.15314 08161w*pa
06-26.03 06:01pm From-GURALNICK MULAND +7606083053 T-002 P-08/16 F-TOR
GURALNICK. & GILLILA.ND
ATTORNEYS AT wAW
WAYN9 $, GURALNICK 74.399 HIGHWAY 111, SUITE M TEMECULA OFFICE
RO&EF1Td GILLILANO. JR. PALM OESERT. CALIFORNIA 92260 (000) 239-7527
MARIE A. SOCHNI-WICH
ANNE L- RAUCM TELEPHONE. (760) 340.1515 SAN DIEGO OFFICE
ANDREW P. LINEHAN FACSIMILE, (760) 569.3053 (619) 232�13no
E-MAIL GG®GGHOALAW COM
PLEASE REFER TO Fa.E
September 21, 1999
HAND DELIVERED
Christopher Mills, Chairman Jeffrey lureS4
PALM SPRINGS PLANNING PALM SPRINGS PLANNING
COMMISSION COMMISSION
3200 E- TahquiTz Canyon Way 3200 1-, Tahquuz Canyon Way
Pa1Tn Springs, CA 92263-2743 Palm Springs, CA 92263-2743
Mike FoaTana, Vice Chau'man Ralph Raya
PALM SPRINGS PLANNING PALM SPRINGS PLANNING
COMMISSION COMMISSION
3200 E. Tahquirz Canyon Way 3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743 Palm Springs, CA 92263-2743
Philip Klatchko John Caffcry
PALM SPRINGS PLANNING PALL SPRINGS PLANNING
COMMISSION COMMISSION
5200 F. Tallquim Canyon Way 3200 F. Tahquitz Canyon Way
Pahn Springs, CA 92263-2743 Palm Springs, CA 92263-2743
Mark Manhews Davc Dawson, AICP
PALM SPRINGS PLANNING Associate Planner
COMMISSION CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way 3200 V. Tahquitz C4ayou Way
pales Springs, CA 92263-2743 Palm Springs, CA 92263-2743
Douglas R. Fvans
Director of Planning do Suilftg
CITY OF PALM SPRINGS
3200 R, Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Re: Case No. 5.0788 - PD $9, Applicant: Desert Chapel
Revlsion to Existing Desert Chapel's Master Plan to Include, Among
Other Things, Street Vacation and Abandonment for Portions of Sunny
Dunes Road and Expansion of Private School to Include Grades 9 - 12
Dear Honorable Commission Members, Messrs. Evans and Dawson:
Our office is general counsel to Mesquite Country Club Condominium
�Homeowners Association ("Association"), In this regard, we re OST a
t0 V\ 35
08-28.03 05:01pm From-WALNICK GILLILAND +7605683068 T-992 P.00/15 F-768
GURALNICK & GILLILAND
ATTOgniY7 AT LAW
Planning Commission
CITY OF PALM SPRINGS
Page 2
continuance of the above referenced matter, or in the alternative, a denial of Desert
Chapel's request for abandonment of a portion of Sunny Dunes Road.
1. BACKGROUND
It is our understanding that Desert Chapel is seeking approval to expand its
current facility to include the acquisition of additional properties to the south as well as
overall goal modifications including a high school. Part of the approval is the request
that a portion of Sunny Nunes Road be vacated (approximately 690 feet). This portion
of Sunny Dunes Road dead ends into the Mesquite Country Club maintenance facility
which is owned and jointly used by both the Association and Mesquite Country Club
(American Golf is the owner of the Country Club).
2. ABANDONMENT OF SUNNY DUNES ROAD AND EASEMENT ACCESS OVER
PARKING LOT TO MAINTENANCE BUILDING
Desert Chapel, as applicant, is proposing that a portion of Sunny Dunes Road be
abandoned. We believe that the proposed abandonment is inconsistent with the City of
Palm Springs' General Plan, Objective 7.2. Objective 7.2 seeks to provide improved levels
of service and safety over current traffic operations. Far the reasons outlined below, it
is our belief that abandonment of Sunny Dunes Road does not improve levels of service
and safety over current traffic operations.
There is currently a maintenance building located at the east end of Sunny Dunes
that is utilized by both the Association and Mesquite Country Club. The only access to
the maintenance building is off of Sunny Dunes Road. Desert Chapel has offered to
grant the Association an access easement ("Easement") through its' parking lot to gain
access to the maintenance facility. However, the Association has several concerns
regarding this Easement. The Association's main concern is safety for students, children
and other patrons of Desert Chapel and the Association's members and employees.
Once the project is completed, there will be a large number of children walking
through the parking lot to and from their classrooms and arriving at and leaving school.
Very few children pay attention to where they are going. While most adults are cautious
when operating a motor vehicle in the vicinity of children, there is always the risk of
injury. By having a parking lot act as an roadway for access to the Association's
maintenance facility unnecessarily increases risk of liability and child endangerment. The
Association is also concerned with the fact that if several large commercial vehicles are
using the parking lot at the same time, there will not be enough room for the vehicles
to go by one another.
h
08-28.03 05:02pm From-GURALNICN GILLILAND +7805083053 T-002 P.12/15 F-T88
MESQUITE JUN'TRY CLUB CONDO NO. -EUWN1ERS
ASSOCIATION
P.O. Box 2342
Palm Springs, CA 92263
October 31, 2002
Mr,David 1,Aleshire
City Attorney,City of Palm Springs
118301 Von Karman Ave., Suite 1050
Irvine,CA 92612 },.
Re: Desert Chapel
Dear W.Aleshire:
The purpose of this letter is To infoi7ti yiitti'of several areas,'o#'nan.compliance by Desert
Chapel,with the Condhi6ridof A.ppr0a}for its esparjsion:
The Conditions of Appr4val,as,prnvided tb us'by�64glas R.",Director of
Planning and Building,.specifically..state "The pleander screening.dlong the northern
property fine shall be ni*rained to the satfsfacdgti of the Director of Planning and
Building. The minimum heieht at irimmingsshall be sevgn l7l feet. All dead plants
shall be replaced with mature heft material with d minf ruin 6ei ht afseven fz�Wit"
I can assure you that,at no time,has this section beeca complied with. Either we have had
to contend with dead plant material,missing plant material,or short plant material.
The Conditions of Approval Amber state "ivening.outdoor activities at the subject site
shall cease at 10:00 P.M. unless special time extensions are granted by the Director of
Planning and Building and/or the Chief of Police"; and "No Public address system
shall he allowed other Man for emergency service."
During the early moming hours(2:00 A.M.)of Saturday,October 26,2002;there was a
full crew working outside on the property at Desert Chapel. Field lights were on,
generators were running,large trucks were coming and going and approximately fourteen
workers were busy hammering and installing a stage in preparation for a concert. That
evening,during the concert,a public address system was used. Needless to say,many
residents at Mesquite were disturbed by the noise. The Homeowners' Association office
received three telephone calls from residents in our I,I and K Buildings. I recdived a
note,documenting the activities,from a resident in the K Building.
Was Desert Chapel granted a special tithe extension by the Director of Planning and
Building,or the Chief of Police? Perhaps but,if so, we were not aware of it and neither
760.322-5950 • Fax 760-323.318
08-26-03 05:02pm From-GURALNICk GILLILAND +7005803058 T-002 P.13/15 F-708
October 31,2002
Mr.David J. Aleshirc
Page 2
was the City,as evidenced by the enclosed entails. We certainly do not believe that a
concert qualifies as"emergency service"to allow the use of a public address system.
During our negotiations over the easement with Desert Chapel,we constantly heard the
word"neighborly". It was used pardcululy to state that Mesquite Country Club.
Condominium HOA was not being neighborly. We are not trying to be unneighborly.
However,we are asking for a little compassion and communication from Desert,Chapel,
and the City of Palm Springs. It is apparent that outdoor events are going to continue at
Desert Chapel. It also appears apparent that the City of Palm Springs is going to do
nothing to enforce its Conditions of Approval. During the early mottling hours{of concert
set-up,the police were called by one of our homeowners. The homeowner,was told that
the police were working on other matters and would send someone if they could. The
police never arrived in response to the humcowner's complaint. It's ironic,Though,that
the police department had several officers available the evening of the concert to direct
traffic. I believe the City and the police department need to get their priorities in order.
As a homeowners' association,we have rules and regulations which must be enforced.
Our policy is that if it is a bad rule,eliminate it. However,until it is eliminated,we have
an obligation to enforce it. Failure to enforce subjects the Hoard of Directors to liability.
Why would the City adopt Conditions of Approval if it had no intention of enforcing
them? And,does its failure to enforce not subject the City to potential litigation?.
As City Attorney,I would hope that you would understand the seriousness ofthe above.
It appears to many that Desert Chapel is receiving preferential treauueat,due to ties
which many City officials have to Desert Chapel. The City's failure to act in enforcing
its Conditions of Approval only lends credence to this belief:
Very truly yours,
MESQUITE COUNTRY CLUB CONDOMINIUM HOA
I2anNovy
President
Cc: Douglas R Evans,Director of Planning and Building
Frank V.Marshall,III,Administrator,Desen Chapel
City of Palm Springs Council Members f
Wayne Guraiuick
08-20-03 05:03pm From-ORALNICK GIO 4AND +T606683053 T-092 P.14/15 F-T68
o��pLMSp�i
N City of Palm. Springs
Deparanent of Planning and Zoning
3200 E 3'ahquin Cueyon Wxy •palm Spring%.California 92262
O gi/FpRN'p TEL.(760)323-8245 �FAX(760)322.8360 - IAA(760)W-9527
December 16, 2002
Pastor Fred Donaldson
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Revised Planned Development District and Activities
Dear Pastor Donaldson:
Thank you for taking the time to meet with City staff to discuss recent complaints regarding
Desert Chapel and revisions to the Planned Development District No, 59. During the meeting, I
provided copies of complaint letters that have been sent to the City. Complaints have peen
received regarding football games at night, evening outdoor activities, amplified music, the
miniature train, landscaping, and a concert. I have written several letters regarding complaints
and have discussed these issues with you.
In order to deal with these issues,we discussed supmitting a revised Planned Development
District request which would address the following:
1. Sunny Dunes Road street vacation.
2. Temporary lighting for special events.
3. Footpaq games, lighting, and other athletic events.
4. Outdoor activities,
S. Public address system for events.
6. Other activities and programs as needed.
It is apparent that there is a need to more clearly define Desert Chapel activities, programs, and
appropriate conditions of approval. This will allow Desert Chapel, its neighbors, and the'City to
have at better understanding of what is permitted. Currently, City staff(Planning, Police, and
City Attorney) is spending a substantial amount of time to balance community and church
issues.
EXHIBIT Ct,
Posr Office Box 2743 " Palm Springs, California 92263.2743
ko R
08-24.03 05:03pm From-WALNICK GI111LAND +7005888053 T-002 P•15/16 F-788
Page 2 of 2
Revised Planned Development District and Activities—Desert Chapel
December 16, 2002
On November 12, 2002, I sent you a letter regarding approval of football games. The football
season was well underway when the City received its first complaint. The complaint was
received soon after the youth concert. The temporary approval was handled by staff in the
interest of allowing the scheduled games to continue and impose certain restrictions on lighting
and operations. Night football games were not contemplated in the original Planned
Development District permit. The temporary approval is rescinded and the Planned
Development District needs to be amended to include night sporting events. Options range
from amending the Planned Development District, rescheduling games to afternoons, or using
an alternate venue. This needs to be resolved as soon as possible since schedules need to be
completed for next year,
The last issue we need to discuss is the City's Noise Ordinance. The Ordinance is in effect 24
hours per day. Desert Chapel needs to evaluate its activities and review activities which are
conducted outdoors. The Ordinance does not differentiate types of noise. There are several
issues that could be addressed in the short-term.The train whistle could be modified to make it
quieter. Also, outdoor activities could be located and oriented away from the neighboring
residential properties. Additionally, more landscape materials, including larger trees, could help
with some of the complaints.
Balancing the needs of the community and church/school will be an ongoing challenge.
Revising the Planned Development District will clarify the allowable church activities and create
a better understanding for neighbors and church officials.
If you have any questions, please give me a call.
SincareEy,
Douglas R. Evans
Director of Planning&Zoning
cc* Mayor and City Council
David Ready, City Manager
Dave Alashire, City Attorney
Gary Jeandron, Police Chief
Arthur MacMillan
Mesquite Homeowners'Association
HUG.GS.G 1G:41F'M k*G HKUHK 1N(,:GUKe YINHN(. LC '
r
RECEIVED
Ron and Gina Youngren
911A Arlene Drive AVG 2 5 2003
Patin Springs,CA 922"
(760)416-1890
August 25,2003 1PLANNING DIVISION
RE. Planning Commission Bearing on August 27,2003 Regarding Case No.5935-PD-59
Desert Chapel-Located at 630 South Sunrise Way,Zone PD 59,Section 24
We wish to bring to the Planning Commission of the City of Palm Springs the following
concerns:
• Along the south side of the existing structure directly adjacent to the Baristo Control
Channel, is stored a large motor home.
• Also at this location,over the past year there has been storage of various appliances and
construction material.
• We and neighbors are concerned that Desert Chapel will continue to store these items
(and more) at this location.
• Exterior storage along the Baristo Control Channel and Desert Chapel property has
been a visual blight to neighbors located on Mesquite Avenue and we are concerned
that approval of additional classrooms, administration and a"storage building"will
result in additional ezterior storage of large motor homes and other school/church
related equipment.
• if exterior storage will continue, as has been the practice for the past year or more,we
respectfully request the Planning Commission to deny the request for a zoning change.
• Alternatively, if approval is granted we request that the Planning Commission require
the following remediation:
1. The new classrooms, administration, special events area and"storage building"
be constructed of materials suitable and compatible for the area, and not a metal
structure, .
2. No exterior storage of vehicles,appliances or equipment along the Baristo
Control Channel,
3. no planting of large/mature vegetation and appropriate irrigation systems to
screen both the existing facility and the new construction of classrooms,
administration, special events area and storage building along the Baristo
Control Channel/Mesquite Avenue homes.
Siacero
P, and gran
RUG-Z2-20" 02.59 PM P. 01
RECEIVED
AUG 2 5 2003
FACSIMILE TRANSMISSION
PLANNING DIVISION
PHONE/FAX. 907-789-9702 PAGES pncluding this one): 1
TO: Alex P. Meyerhoff, Principal Planner r— - ----- ---—,
City of Palm Springs
760-322-8360
FROM; Karleen and Roger Grummett, Owners
Unit 7 Phase 3 Mesquite Golf and Country O J 2, qu try
SUBJECT: Case No.5.935-PD•59
DATE: August 23,2003 PLANNING IVI ,
Dear Mr.Meyerhoff,
You have read letters and heard from neighbors of Desert Chapel who have tried
to bring to your attention the refusal of that church to be a good neighbor and how their
actions are eroding our quality of life.Some neighbors have already been forced to
move.As shown by their letters and testimony,it isn`t as though neighbors are
unreasonable in their requests,it's that the church completely ignores them.
For example,during the past year,many of us have registered our concerns,as
have Doug Evans and the Mesquite Golf and Country Club's HOA,However,now
Desert Chapel is not only continuing to press for their original requests which violate
city codes and ordinances and for a plan they were asked to amend,they are proposing
new ones.These Chapel requests go way beyond their original plans.At best,they are
deceiving not only to their neighbors,but to city planners as well.
As you know,City ordinances should not be amended for the benefit of Desert
Chapel at the expense of homeowners who are entitled to live in peace in their
residences.We,of course,oppose the continuance of illegal lighting standards and
amplified sound and request that Desert Chapel be asked to get in compliance with city
codes and ordinances once and for all.
We also request that they relocate their proposed hard court surface,nursery and
storage buildings elsewhere on church property so they will not abut windows of
neighboring bedrooms causing disturbances during either early morning or late night
hours,
rumor
Ro er ett
WeM@500y,August 20,2008 825 PM Robert E,Pailthorp 15417658902 p,02
RECEIVED I . ;EiVEI -- 'I
August 20,2003 AUG 2 5 2003 „J6 15 2006
Alex PalPlan PLANNING DIVISION
N G D IVI
Principal Plannerer
City of Palm Springs
Subject: Case No. 5.935-PD-59
Desert Chapel application to amend PDD 59
Dear Mr,Meyerhoff
Our living unit is K-73 Phase 3 of Mesquite Home Owners County Club,
Our patio faces the current play area/parking lot of Desert Chapel.
During the past year we have been exposed to the lighting and noise of special activities at
the Chapel, Our past complaints are on record with your office.
We oppose the additional building units on the site. We are impacted most by the lighting
glare and amplified sound from the site,
SPECIAL EVENTS
The term"special event"suggests that they would not occur frequently, If they are
permitted,we ask that the frequency be limited and specified.
LIGHT GLARE
We ask that all Desert Chapel lighting conform to the non-glare standards of the City, The
portable lights,with their associated engine generators,that have been used for special Chapel
events are not appropriate. If special event lights are to be permitted we ask that they be
permanent and be non-glare. In the pact the portable lights have been moved from the football
field to the play ama/parking lot for special events. The people locating them have not been
sensitive to the glare they create at our living unit. It is unrealistic to assume that people will be
able to reposition portable lights of this size and type without creating glare that will result in
violations of City non-glare standards.
AMPLIFIED SOUND
We ask that amplified sound not be allowed. We were subjected to sound from one special
Desert Chapel music event that was heard many blocks away.
The amplified sound that is used during football games is particularly objectionable.
In the past,after main events ended on time other activities such as dismantling the stage,getting
to cars, and out of the parking lot continued, if the City sets time limits on special events, please
define in some detail what ends the event.
4t,Loit .Pailthorp
Dorthea M.Pailthorp
3-16-1995 2:5GAM FROM p 1
Augw:1. 25, 2003
Alex l f'l eyerhoff
l'rinci;::d Planner, City of Palm Springs
Dept. r Planning & ,Zoning
3200 Ii., Tahquitz Canyon Way
Palm ;';()rings, CA 92262
Re: Case No. 5,935-PD-59
Dear t). ex:
I am c impletely against an amendment to Planned Development District
59. Ti t: y have not beautified previous developments in the past as
promi :d.
Since:,..ly,
lJ A
Arlem> Rosen
a �1
00/26/2003 09:49 7603233189 MESQUITE HOA PAGE 01 cc
From:WRIM wit For.0(666)2711671 To:SON*raimay Fmc: (71a)323diee Pala ;2 Sunday,auw=t 24 2003 610 PM
August 24,2003
Mr.Douglas R.Evans
Director of Planning and Zoning
City of Palm Springs
3200 E Taliquitz Canyon Way
Palm Springs.,CA,92263
Ref:Case No. 5.935-PD-59
Dear Sir,
This is in response to your notice of Public Hearing in the referenced case as I am a.homeowner
within 400 feet of the proposed development. Since we will be unable to attend the public hearing on
August 27,I wish to cuter the following comments into the record.
Special Events:Outdoor special events should include athletic competitions(i.e.Football games)
and be limited to one per week.They should be required to end by I OPM and the use of public
address systems should be forbidden due to the close pro2dmity of residential housing.(on the North
and West sides of the Church).
Sunny Dunes right-of-way:In the event Sunny Dunes is closed to public access,iron clad provision
must be made for the continuation of and public sods to the bike/walking path wbich runs along
the north side ofthe Mesquite Country Club golf course and then continues up Tahquitz Canyon
wash.
Traffic. Consideration should be given to closing the parking lot exits north ofthe Church. During
the week when children are being dropped off and picked up for school,access to Sunrise from
Camino Parocela is very difficult due to traffic entering Sunrise from the Church. The nursery
should also have iLs own separated drop off area.
Genoral:Adding all the proposed buildings,unless they are high rises, would result in,the site being
developed to a very high density.
In the it6resls of avoiding the diminishing of adjacent property values,I hope you will consider the
above items.
William and Constwlo Gills
8832 Sovereign Road 2001 Camino Parocela
San Diego,CA.921.23 Palm Springs,CA.92264
Cc.Mesquite Country Club HOA
RECEWL
RESIDENTS OP MESQUITE COUNTRY CLUB PHASE III,KAS
AUG 2 5 2003
August22,2003 PLANNING DIVISION
Dear Planning Board:
As close residents of the Desert Chapel, we are very concerned by their expansion plans (Case No.
5.935-PD-59). These plans include areas that border the Baristo Control Channel. The Channel area
is in direct view of approximately 16 of the homes at Mesquite. As I now understand the Desert Chapel
Plan, there will be a"special events area", a nursery and a 17-ft high storage building, all in the small
area that is near an existing playground and parking area (nearest to Mesquite Condos). It is unclear
what and when the "special events"would be, how many children in the nursery and what types of
items would be stored in the storage facility and when it could be accessed, etc. The Chapel has not
proven themselves to be good responsible neighbors. I understand that they agreed to strict noise and
light restrictions at the time they were granted a permit to construct the Chapel and school. There have
been noise and bright light problems due to un-permitted night sport activities in their football field.
Nothing has changed. They still have residential neighbors that have an equal right to peaceful
enjoyment of their property. Additionally,the chapel did not adhere to their responsibility of maintaining
a 7-ft Oleander fence along the Baristo channel,to help muffle the noise and block the parking lot view.
Earlier this year after many of the plants had died and homeowners complained to the Chapel, the
Condo association was able to get the Chapel to re-plant some bushes.
I am surprised at what seems to me as a lack of a neighbor friendly master plan. I would think the
Chapel architects would want to keep potential noise problems closer to the wide open Tahquitz Creek
area and to the street adjacent area of Sunrise Way. There is a very large open area at the SW area
of their property and I cannot help wondering why these spaces are not better utilized. I am not an
architect or planner but the development of the school functional areas seem to lack common sense
cohesion.
Please do not consider passing the request for a permit until other areas of the property are considered
for potential noise events. I believe all phases of the "End State Campus" should be identified and
given noise, time and lighting limits. We should all be concerned by the parking, Baristo channel
access(near a nursery and special events area)and traffic flow issues. I ask that all property owners
be advised of what impact the Chapel's additional areas and buildings will have on their neighbors prior
to any approval.
Sincerely,
John Dominge and Ernest Sabo
Residents of Mesquite Phase III
OB/26/2003 09:49 7603233109 MESQUITE HOA PAGE 01 rC.
pla,ll;VM6em'Nils Fur.*IMU)2711671 Te;eoebw SAFACY FAH: (7Eg323,3116 Page' 2 ftday,Augu:12d,2003 W I M
August 24,2003
Mr.Douglas R.Evans
Director of Planning and Zoning
City of Palm Springs
3200 E Taltquitz Canyon Way
Palm Springs,CA,92263
Ref.Case No.5.935-PD-59
Dear Sir,
This is in response to your notice of Public Hearing in the referenced case as I am a.homeowner
within 400 feet of the proposed development, Since we will he unable to attend the public hearing on
August 27,I wish to eatcrthe following comments into the record.
Special Events:Outdoor special events should include athlatic competitions(i.e,football games)
and be limited to one per week.They should be required to end by I OPM and the use of public
address systems should be forbidden due to the close prordmity of residential housing.(on the North
and West sides of the Church).
Surety Dunes right-of-way:In the event Sunny Dunes is closed to public access, iron clad provision
must be made for the continuation of and public access to the bike/walking path which runs along
tho north side of the Mesquite Country Club golf course and then continues up Tahquitz Canyon
wash.
Traffic.Consideration should be given to closing the parking lot 9,tits north ofthe Church. During
the week when children are being dropped off and picked up for school,access to Sunrise from
Camino Paroccla is very difficuh due to traffic entering Sunriso from the Church.The nursery
should also have its own separated drop off area,
Generate Adding all the proposed buildings,unless they are high rises, would result in the site being
developed to a very high density.
In the interests of avoiding the diminishing of adjacent property values,I hope you will consider the
above items.
William and Consuclo Gills
8832 Sovereign Road 2001 Camino Parocela
San Diego,CA.921.23 Palm Springs,CA.92264
Cc, Mesquite Country Club HOA
O
August 20,2003 FiT
D -
Alex Meyerhoff, Principal Planner 3
Department of Planning and Zoning
City of Palm Springs 3200 E. Tahquitz Canyon Way .
Palm Springs, CA 92262
RE: Case 5.935-PD-59, Desert Chapel
Dear Sirs,
I am in receipt of a vicinity map as documentation for an amendment to PD for the above referenced
case. Based on the description provided, it is insufficient to determine the affect this request will have on
my residence (located within 400 feet of the proposed outlined actions).
I am very concerned about any further changes that Desert Chapel may be requesting as their prior and
current use of the property has exceeded the commitments they have made in the past. Specifically:
❑ The noise level exceeds that which is acceptable for a residential area during weekdays
❑ They have violated city ordinance by having evening events with excessive noise
❑ They have not built proposed barriers between their property and the adjacent residential
community to mitigate noise, etc.
To further aggravate the current situation (and hence my position that any further development be
prohibited) is the fact that their membership consists of various city officials. When city police are called
for noise violations, they fail to respond to address the complaint.
I request that this letter opposing any changes to the use be entered into the hearing (and any
amendments thereto) as noticed to be held on August 27, 2003.
Thank You,
Josep II
Unit K74
2001 Camino Parocella
Palm Springs, CA 92264
Page l of l
Alex Meyerhoff
From: I.D. Weiner [malibudave@earthlink.netj
Sent: Wednesday, August 20, 2003 9:06 AM
To: alexm@ci.palm-springs.ca.us
Subject: case#5.935-PD-59
Dear Mr. Meyerhoff,
We take this opportunity to respond to the Notice of Public Hearing Planning Commission case#
5.935-PD-59
We are unable to attend the meeting of August 27, 2003 so, as you suggested, we are submitting this
objection in writing.
We have no objections to the Desert Chapel expanding classrooms and constructing buildings as needed,
BUT
WE OBJECT STRONGLY TO THE RE-DEDICATION OF THE SUNNY DUNES WAY,
RIGHT OF WAY..
To the Desert Chapel.
As owners at Mesquite Cotmtry Club, Phase 3, we observe frequent foot traffic on the area in question.
This is yet another attempt by Desert Chapel to commandeer this public access which services
pedestrians, cyclists and limited vehicle traffic.
Sunny Dimes Way is used daily by many traversing the path from Farrell to Sunny Dunes and should
not be relinquished to serve the desire of a private enterprise. As a religious organization the Desert
Chapel already posesses a tax free status
and another try at 'ownership" of a public access is unacceptable. This roadway must be maintained as
public property for the enjoyment of the Pahn Springs citizens who wish to use it, anytime they wish to
use it.
PLEASE REGISTER OUR OBJECTION TO THE RIGHT OF WAY PHASE OF THE DESERT
CHAPEL AMMENDMENT.
Irving D and Gayle Weiner.-
28032 Sea Lane
Malibu, Ca. 90265 310 457 3436
We also are owners of units C17 and I61, Phase 3, Mesquite Country Club
8/20/2003
internal noise (t.v. or radio) it is not enough to block out the noise that emanates from the
church property.
What the Commission also needs to be aware of is Desert Chapel's responses to requests
from homeowners whenever their noise becomes intolerable. Whenever homeowners
such as me make a visit to the church officials to request that noise be abated(after 1 OPm
Y
at night, sometimes at 1:00 in the morning,the response from Desert Chapel
Administration is consistent: "You are on private property, We can do what we want,
You must leave our property now."
A firm letter from Doug Evans (after previous numerous complaints from homeowners
to the City Chief of Police, City Attorney, Mayor and City Council and Doug Evans)
instructed Desert Chapel on November 5 h 7002 to cease with all violations of City Codes
and Ordinances, but went on to suggest that the Desert Chapel amend its Planned
Development District so that their special events can continue,which is why they are
before you today,to get the Planning Commission's blessing to be able to assault their
neighbors with noise and light pollution.
This brings us to the current date. Desert Chapel is now before you, despite their
awareness of their impact on their neighbors and their awareness of how their refusal to
be good neighbors has eroded the quality of life of it's neighbors—they are now
requesting that you allow them to: 1)Use generated lights in the evening for their
evening events that will continue to light up the entire City block, (Doug Evans
instructed Desert Chapel to face their generated lights away from our homes-thus resulted
in blinding all bike riders on the City bike trail that passes thru Mesquite Golf Course and
our homes.) (2) Use outdoor P/A systems that will blare into all of our bedrooms and
living rooms into the evening 3) Have evening events that will need to end by IOPM but
in reality will take much longer for crowds to dissipate and for knockdown and actual
peace and quiet to not occur until probably around midnight. And lastly,what is most
distasteful is that: Desert Chapel is requesting that the City allow them to construct a
Hard Court special event field directly adjacent to our bedroom windows so that their
special events will be located as close as possible to our windows. Also. Please be aware
that when the church is closed at night, the property still attracts youths that congregate
late into the evening (sometimes after midnight) where they come to play basketball,
tapping their balls onto the pavement with their car stereos with music turned up. Also
the church is requesting that a nursery be constructed as close as possible to our windows.
For the past four years we have had to endure the school children being dropped in the
morning at 7AM on church property that is closest to our windows. The children play
outside for an hour at this early hour before they enter the school and then come back out
for their gym and recesses,playing alongside the property line that adjoins our condos.
The storage shed that Desert Chapel wants to construct is (not surprisingly) going to be
located against the fence that adjoins our condos. This will block our remaining views of
the mountains,that their Multi Propose building and other buildings haven't already
blocked. There are other areas of their property where this unsightly building can be
located.
\t \ 0
t benefit of to fight a war in uu.c.
gnsareusu- who will belefthereinthe7',ited tects them tuning uuu,......---. . .
i city rather States to protect us,if we .en- time. placff We afetaxpaytr -- _
opotts usu- gaged' war' n oU-- t6 Remember also,that the worst ers, in a democracy, voters between the dtt
EDwARD Jotuvso wrong ever committed on earth, role, teachers.
Od increase Desert Hot springs to the most wonderful gift of We will do anything and every- The hard feelinp
pe Coachel all e. God,always has a plan, thing within our means to fight being created by
ad at be er Noisy neighbor and hi lain is always best. this proposed project, including bate will live lon
riddle o the ERIK G. JENSEN picketing and demonstrating if puce is resolved,
The successful Desert Chapel Bermuda Dunes necessary. We cannot afford to are caught in the
R. G upju enlarged its campus with a multi- have,our property values go perintendent an,
Palm s rings 'purpose building, classrooms, XnlaS re tern down. We will not be forced to cation are here I,
parking, and sports fields. The live in fear. schools and teat
;r ve city approved a Planned Devel- In response the Nov.22,let- MARGOT S. HERTz (hen. The Lead
opment District for expansion of ter "Rememb Christ:" Actual- Palm Springs teach our childr
5letter `Inpo- the chapel campus. Plan provi- ly, Xmas is a ost as old as How do our
ven me a im- sions do not allow amplified Christmas. . Jlanks, fl]M WonSOTS when these two
I am,n t a gay sound. TheXisa a throwback to posite sides?Tl
lefend a rights On Oct. 26, the chapel hosted the Greek letter hi,part of Chi- I was fortunate to be invited to don't.
rgs to *at with an amplified music event on its Rho,the symbol f Christ.Thus, the first Indian Film Festival.The LA
rights you and I sports field. Our home is 100 Xians is a Iegiti ate word for opening night film, "Doe Boy,"
iarassm nt and yards from this field. The previ- Christians. was a good dramatic piece by it- e',M,;,,,,ing
ous night, stage-building activi- The word Chr stmas means self. Adding the Indian element dirt
list the f llowing ties lasted until 1:30 a.m. Sound "mass of cbrist," ter shortened and perspective made it quite
ames for parades system testing began the after- to Christ-Mass. a even shorter unique and entertaining. Every- It seems Oc
say Pride parade: noon of the performance.Follow- form Xmas - t used in Eu- one seemed to enjoy it. rather upset
ride, Pe ophile ing the performance, take-down tope in the 150 — is derived As you know,many people are evert so much
izer Pride. I Wright and loading of the stage, sound from the Greek alphabet, in on the film festival bandwagon, der fuhrer arc
Bigots P 'de Pa- and lighting system lasted until which X is the first letter of including the neighboring cities. with convict
e he mi t enjoy 1:30 a.m. Christ's name: •stos, therefore However,none of these have the "massive do'
.use he 5ts e ti On Oct. 31,a Halloween parry .X-Mass. prestige of Palm Springs and sounds liketh
gription: a ersonc- was held in the Chapel parking lot Xmas has bee used for cm- none of them have a cultural mu- tie black if ye
[tolerant emon- adjacent to -us. Announcements taxies as a very r spectral term. seum with the foresight to help Does Al C
and music were amplified. Today,we kn that Christ was the city by building a distinct film temple ring a
the surgeo who On'Nov. 8, there was a high- not born on c. 25. The date festival. Wen Ho Le
"ring on , the scoring football game and queen was chosen to coincide with the I believe that the sponsors, the contact with
�e visits,the a omey selection ceremony with ampli- pagan Rom celebrations hon- Agua Caliente Cultural Museum ment,which
es he might n d,or fied commentary, whistles, elec- oring Saturn s (the harvest god) board and the Supples,should be in 1995. C
`might appear efore tropic horns, and power genera- and Mithxa (the ancient god of commended for their willingness March 1995
'd be gay, and ome tors for lights. light),a fo of sun worship. and determination to contribute bet, and p
ght even have gay Unlike church members who These c ebrauons came on or tothe well-being oftheenntecjty felony—oi
cart e}aoose what xhey attend,we lutist after a winter solstice, the The addition of sitrlf a ra4`ft rIt is clear
6 to get,a life Wi ojar ] ar:,,at.at1' o -and„gius'jp • ,#files 19 1?J`ire �,. „ festival.m laUp Sgrut s w11t:off ..o
3 is'suckta pisasttt b1e p3ldr ice !'setti}5s;�sei d'rmaif'ces; 1 oitli`` `fiTerti�3pherE, fu �i viaa�4 e e tf f'"t2te cti titi'ch'
ilCuiky,he is in a in _r- take-downs,and comings and go- noun that winter is not forever, lmcire than the Cultural Museum, the wheel a
lugs. that a continues, and an invi- again showing that we all should Regardir
RHODA BRo I asit Desert Chapel, m tp any in good spirit. be proud to call the members of $7 trillion
Indian webs please honor its agreei�wult -� , +_ xF RdA LtGON the Agua CaLtepte 'rite our eryone kit
the community, x ;., 'i „'y y'* dr,ssud Aroma neighbors. was overvi
le Bible respect RosmT Pan 3 ,{ ERNFST iced anotl
P piers + �00 S Palm Sptsi x dirty lawn
fm Springs City Council - ,s' r , I doubt
1 (and any government Dondevil win '11te Nam' 2d`lCpnr ¢ v'}'dj7nigtt again sF "
should know that Ro- Richard tuber,"safety fiFs[;+ t3Rx atd'p
};7 commands their re- How soon Christians andothers, right on the mark. We urgently tie!g,ar di n g the Pastor litl ?Y
and they have shown forget that there is a devil. The need standardized speed limits lvt8dr Sduthwest Community years,; ,,a
their recent decision re Bible says the devil is as a lion,on here in the valley,•„ Church scan461,1 have one thing
the rowl to devour all that is We live off Cook Street in a res >pay[lfl've'saidtgnce I've said
^^^' ^---^^•^^+w. The i,med it a thousand times, A611evtr
GWEINGAkTEN (1-0 GHOUGH
,-3
Insurance Agents and Brokers E. Brent Hough
Greg Hough
'n
David Therioult
January 18, 2003
International Church of the
Foursquare Gospel, DBA'
Desert Chapel
630 S. Sunrise Way
Palm Springs, Ca., 92264
Dear Frank:
This letter will address our discussion regarding the easement and the discussions you
have had with the City of Palm Springs and the Mesquite Country Club Homeowners
Association regarding the naming of Mesquite Country Club Homeowners Association as
Additional Insured on the Desert Chapel liability insurance policy.
I have not been privy to the meetings of the Mesquite Country Club Homeowners
Association and Desert Chapel, and do not have a copy of the contract that was signed.
We were asked last March to issue an endorsement naming the Mesquite Country Club
Homeowners Association as an additional insured under our liability insurance policy.
After several discussions with our company underwriter and the Company Regional Vice
President regarding the various parties and the requests being made, the company said
that they would issue the requested Additional Insured Endorsement if the Mesquite
Country Club Homeowners Association would reciprocate and issue one to us. This is
only proper since they are using our premises to drive through and to park their vehicles
as well.
I have contacted Hertford Insurance Company, who also has a school program, as well as
Zurich Insurance Company, and Westchester Fire Insurance Company, but none will
comilh-tbis. request. All their�comments comments h1a if someone else is using our
property, we would expect to receive a Certificate of Insurance and Additional Insured
Endorsement from them. If we are using their property, then we would give them one,
but in this case, the solution would be for each party to reciprocate with a Certificate of
Insurance and Additional Insured Endorsements.
After several scathing conversations with the Mesquite Country Club Homeowners
Association attorney, Wayne Guralnick, it was obvious that he didn't understand and did
not want to cooperate. As additional attempts to negotiate with him have been met with
foul language and improper accord, I have abandoned my attempt to deal with him.
�n V� 5
00)
o�VALM $,0
. City of Palm Springs
Department of planning and Zoning
* ry00R'.RFTeo`0
3 3200 E.Tahquirz Canyon Way - Palm Springs,California 92262
O \V. TEL: (760)323-8245 ' FAX(760)322-S360 ' TDD(760)564-9527
9Y IFOR
December 16, 2002
Pastor Fred Donaldson
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Revised Planned Development District and Activities
Dear Pastor Donaldson:
Thank you for taking the time to meet with City staff to discuss recent complaints regarding
Desert Chapel and revisions to the Planned Development District No. 59. During the meeting,
provided copies of complaint letters that have been sent to the City. Complaints have been
received regarding football games at night, evening outdoor activities, amplified music, the
miniature train, landscaping, and a concert. I have written several letters regarding complaints
and have discussed these issues with you.
In order to deal with these issues, we discussed submitting a revised Planned Development
District request which would address the following:
1. Sunny Dunes Road street vacation.
2. Temporary lighting for special events.
3. Football games, lighting, and other athletic events.
4. Outdoor activities.
5. Public address system for events.
6. Other activities and programs as needed.
It is apparent that there is a need to more clearly define Desert Chapel activities, programs, and
appropriate conditions of approval. This will allow Desert Chapel, its neighbors, and the City to
have a better understanding of what is permitted. Currently, City staff (Planning, Police, and
City Attorney) is spending a substantial amount of time to balance community and church
issues.
pIb
Post Office Box 2743 • Palm Springs, California 92263-2743
Page 2 of 2
Revised Planned Development District and Activities — Desert Chapel
December 16, 2002
On November 12, 2002, 1 sent you a letter regarding approval of football games. The football
season was well underway when the City received its first complaint. The complaint was
received soon after the youth concert. The temporary approval was handled by staff in the
interest of allowing the scheduled games to continue and impose certain restrictions on lighting
and operations. Night football games were not contemplated in the original Planned
Development District permit. The temporary approval is rescinded and the Planned
Development District needs to be amended to include night sporting events. Options range
from amending the Planned Development District, rescheduling games to afternoons, or using
an alternate venue. This needs to be resolved as soon as possible since schedules need to be
completed for next year.
The last issue we need to discuss is the City's Noise Ordinance. The Ordinance is in effect 24
hours per day. Desert Chapel needs to evaluate its activities and review activities which are
conducted outdoors. The Ordinance does not differentiate types of noise. There are several
issues that could be addressed in the short-term. The train whistle could be modified to make it
quieter. Also, outdoor activities could be located and oriented away from the neighboring
residential properties. Additionally, more landscape materials, including larger trees, could help
with some of the complaints.
Balancing the needs of the community and church/school will be an ongoing challenge.
Revising the Planned Development District will clarify the allowable church activities and create
a better understanding for neighbors and church officials.
If you have any questions, please give me a call.
Sincerely,
4
Douglas R. Evans
Director of Planning &Zoning
cc: Mayor and City Council
David Ready, City Manager
Dave Aleshire, City Attorney
Gary Jeandron, Police Chief
Arthur MacMillan
Mesquite Homeowners'Association
r
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f 2002
December 1, 2002 [ry p� yp (�
1"'LA"d INNNIaG D71'"`I�9ON
Mr. Douglas Evans
Director of Planning & Zoning
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, Ca. 92262
Re: Desert Chapel - Case No. 5.0788/PD-59
Dear Mr. Evans:
Your letter to Desert Chapel dated 11/05/02:
"I would recommend that starting immediately, all future outdoor activities involving
amplified music and/or public address systems be relocated inside the Multi-Purpose
Building or be canceled.
Your letter to me dated 11113102;
"I have discussed outdoor events with Desert Chapel representatives. I have been assured
that there will be no further outdoor concerts or similar large-scale events. Desert Chapel
does not have any further events scheduled"
November 22nd,2002
Another football game consisting of tower lights, sound amplification and cheering crowds
lasting until 10:55 PM (reference my previous letter to you dated 11/24)
Sunday Evening�December 1st 2002
At approximately 4:30 PM, rehearsal began in the outdoor courtyard of Desert Chapel for
the evenings Christmas concert which was prominately advertised in the Desert Sun
newspaper on November 30th(page D4) as "Christmas in the Courtyard". This event
involved amplified music and/or a public address system, a live choir, a train ride with a
realistic sounding train whistle (for the children) and a audience of approximately two
hundred attendees. The courtyard (which is adjacent to our homes) caused the amplified
music to increase and echo around the neighborhood, again subjecting the residents to the
loud music, whether one wanted to listen or not -we had no choice. This event could very
easily have been located inside the Multi-Purpose building. I phoned the Police
Department at approximately 5:15 PM and spoke to Commander Starts. He had no
knowledge of any letter(s)to the Police Chief from you regarding Desert Chapel and said
"nothing has trickled down to any of us". I drove my car to the Police Department to
hand deliver copies of your letters to Mr. Starts so he could be aware of your concerns
and warnings to the church. I asked him to please send an officer over to make a report
and document the noise so that it could be on record and come from someone other than
myself- He said he would. I asked that the officer come around 6PM as the newspaper ad
\ID qq�% 56
stated the event would start at that time. The rehearsal and the event came to an end prior
to 7PM- The police officer(badge #58) arrived at my home at 8:34 PM after the event
had already concluded.
Any suggestions how to resolve our ongoing concerns?
Sincerely,
i"a"
Arthur MacMillan
2001 Camino Parocela 9K-77
Palm Springs, Ca. 92264
cc: Mesquite Country Club HOA
David Ready, City Manager
Gary Jeandron, Police Chief
City Council Members
November 24, 2002
Mr. Frank Marshall, Administrator
Desert Chapel
630 Sunrise Way South
Palm Springs, Ca. 92264
Re: Case No. 5.0870 Desert ChapeVPD-59
Dear Mr. Marshall:
In the hope that Desert Chapel is attempting to be a little more sensitive to the concerns
from your neighbors regarding late evening noise emanating from church property, I
would like to bring to your attention some observances from this past Friday's football
game that took place on the evening of November 22nd.
The football game in the playing field, which consisted of evening lighting, sound
amplification and cheering crowds, came to a conclusion after 10:00 PM. After the game
concluded around 10:15 and crowds started to disperse, several of the attendees with their
families stayed on and walked over to the North side of SunnyDunes near the border fence
which is adjacent to our homes. As the families loitered in the parking area after the
game, a childs game of football began in the parking lot and lasted until 10:50 pm.
Around 10:55, the parking lot became quiet. At this time I heard the sound of a
motorcycle start up in the parking lot. I believe this motorcycle belongs to your
groundsman who was leaving for the night. He raced the motorcycle engine for five to
seven minutes in the parking lot before driving away.
It was 11:00 PM when it became quiet and I could then at least go to the bedroom and
attempt to fall asleep after five hours of what was just described above.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, Ca. 92264
cc: Douglas R. Evans
City Council Members
Mesquite HOA Association
�o � 6D
RECEIVED
NOV 2 2 2002
,'
November 21, 2002 PLANNING DIVISION
Mr. Douglas Evans
Director of Planning & Zoning
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, Ca. 92262
Re: Desert Chapel - Case No. 5.0788/PD - 59
Dear Mr. Evans'
I have received your letter and appreciate you taking the time to visit the athletic field for
the Friday night football game and for explaining the lighting setup that you have
approved. By facing the lights east and west, I assume you feel comfortable that
positioning the lights this way helps eliminate the glare problem. You also mentioned that
there may or may not be additional games this season. That is a response we usually hear
when we discuss our concerns directly with the church, but the outdoor"events" keep
coming and with more frequency as the church continues to grow. This evening when I
came home from work and looked out my living room window, there are the nine light
towers positioned for another weekend of outdoor events.
Since there are obviously outdoor events that will be going on this weekend (I don't know
the church's schedule) with the light towers in position, I would like to invite you to come
out and see OUR perspective of what we must endure while these events occur. Since
you have visited the church and worked with them, is it not fair that you also visit with
the homeowners impacted by these events and see firsthand from our perspective. By
positioning the lights east/west, you have created a safety hazard on the city bike trail that
runs between Farrell and Sunrise. If you are riding a bicycle or walking on the trail after
sunset and the tower lights are on, you are 100% blinded by the lights where you cannot
even put your hand out in front of your face and see it. It is at it's worst when you are on
the bike trail (in phase III of Mesquite) near the tennis courts that are closest to the
church. Is this acceptable to the city and is there not a liability issue involved if one is so
blinded by the lights that an accident can occur between bicycles or a bicycle/pedestrian?
Also your letter to me makes no mention of the outdoor p/a system during the football
games. Allowed or not allowed? According to the Conditions of Approval for Desert
Chapel, this is not allowed. What is the measure for when it becomes a violation of the
noise ordinance after 5pm and what is the penalty to the church for violating this noise
ordinance to deter them from continuing to violate? Are you willing to "measure" the
noise level that these events create, or is it just assumed that with a few hundred people
being encouraged to scream and yell along with music and a outdoor p/a system that any
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acceptable level has been exceeded, however the city is allowing this to continue? How
do we know at what degree of noise level the police will respond, if at all, or are they
instructed not to intervene with any football games? Were noise levels not measured
and documented when the Tennis Club homes were complaining about the late night noise
coming from the Palm Canyon restaurants that have the outdoor bands? It seemed
everyone from the City Council on down worked hard to help those homeowners get back
their right to peace and quiet.
When Angel stadium sits empty on the nights the church has these football games, why
can't the city work with the church and relocate these games in that stadium which is
designed and located for such large scale crowds? It just baffles me that our paradise and
right to peace and quiet can be destroyed by one groups desire to "entertain" themselves,
without any regard to the rights of the rest of the citizens of the commmunity. When the
church expansion was in the planning stage, I made frequent visits to your planning
department to review blueprints and layouts for the church as I live closest to the church
property and plan on remaining living here the rest of my years. I was assured by the
person in the planning department that the playing field was being allowed for daytime
activities only. That was the reason no permanent lighting was allowed on the field.
When I inquired about crowds on the field, I was told no bleachers were going to be
allowed. I was told that was the reason for the multi purpose building - this was supposed
to "contain" the crowds and noise from the rest of the community and evening events
would be illuminated within the confines of the building. I told the planning department
gentlemen(Mr. Meyerhoff has now taken his place) to please be sure the multi purpose
building did not have door openings on the side that faced our condos. Needless to say,
the side the faces our condos has a large garage style roll down door, that is often left
open for their indoor events, such as band practice and games. This then causes a
amplification effect that bellows out right towards our windows.
Since the church has also used the tower lights in other areas of the property (in the
parking lots that adjoin Sunrise during large events-where the lights are facing our condo
windows, and on the property north of Sunny Dunes, up against the fence that borders the
Baristo Storm channel and our condos, such as they did for the recent Halloween event
that had hundreds of participants outdoors in the parking lot along with amplified music
and a p/a system only yards from our windows. Is this going to continue with the city's
blessing or will this be considered a violation in the future. Since I am not convinced the
church will cease these activities and expect they will continue, at what level of
noise/lighting/eta will a police response or code enforcement response be deemed
appropriate. Also for your information, I did contact a code enforcement person for the
last football game. The person (Carol?) told me that she was aware the church was in
violation of city codes, however, she was informed by you to not take any action and to
advise me that you were working with the church on the issues that concerned us.
So we don't need to coimnunicate again when Summer arrives, what can we expect when
the church begins the weekend teenager hangout which goes on well past midnight from
It>, b�
June into September? This is supervised by only one person(the son of one of the
administrators who is barely a teenager himself) who can be found indoors in a large
classroom with about 50 teens. The door to this room is always left open, with the music
and noise from that room bellowing out towards our homes. The rest of the church
grounds outdoors are not supervised by anyone. The teens come and go in their cars,
hang out in the parking lots, car radios blasting,jumping over fences, running into the golf
course or the city well property, skate boarding between the portable classrooms on the
sidewalk, and taking rides on portable steel bookcases with wheels down the parking lot,
screaming when they get dumped off the carts. Some of them even walk around the
border fence into the Baristo Storm creek and sit on the large rocks, which is very close to
our windows. I have even smelled marijuana on more than one occasion when the teens
are sitting in the City well property or along the wash. Even though this is not considered
an outdoor"event", it creates the same amount of disturbance and noise. When I walk
over and ask that the noise be kept down, or if it's close to 1:30 in the morning, I'm told
by the one person in charge that it's their private property and they can do what they
want. If I then phone the police, since it's a weekend, my calls go to the bottom of their
Est. The church won't even keep their own security guard on duty to watch the teens past
9:00 or 10:00 PM, even though the teens are there until 2:00 am. Canyon name even one
other place in the city where so many city code violations occur in one location that go
unchecked?
We need clear and concise information from the city Mr. Evans about our concerns and
we are being told by the city manager and city attorney that we are to work with you. The
church is not going to go away and neither are many of us homeowners that love this area
and plan to stay for many years. I realize how busy you must be with the growth of this
city and the issues you must face on a daily basis. I am sure you don't want to keep
writing letters regarding Desert Chapel...... however to us, as I'm sure you understand,
this is an issue of great concern, and according to the Conditions of Approval in regards to
lights, P/A system and city codes regarding noise, many of these occurrences are clear
violations.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, Ca. 92264
(daytime phone between 10-5pm: 323-2979)
CC: Mesquite Country Club HOA Association
City Council
xo (o3
�O PALM Sp�C
City of Palm Springs
" Department of Planning &Zoning
' 3200 E. Tahquitz Canyon Way
c ° \V" Palm Springs, CA 92262
z FOVL (760) 323-8245— direct
(760) 322-8360 —facsimile
Pages (including cover): 2
Date: November 15, 2002
To: Mr. Bob Pailthorp
Fax number: (541) 765-8902
From: Douglas R. Evans, Director of Planning & Zoning
Re: Desert Chapel
Dear Mr. Pailthorp:
Following is a copy of my letter to Mr. Arthur MacMillan from November 13, 2002 regarding
Desert Chapel which I hope will address the same issues you raised in your November 09,
2002 e-mail. Thank you for faxing this e-mail to the City. Please call me if you have any further
questions or concerns. Thank you.
Sincerely,
Douglas R. Evans
Director of Planning & Zoning
b�
Monday, November 11, 2002 9:48 AM Robert E. Pailthorp 15417558902 p,01
Attention: Mr. Douglas Evans Date: 11/11/2002
Company: City of Patin Springs Number of Pages: 4
Fax Number: 322-8360
Voice Number:
From: (� 'I
Robert E. Pailthorp
Company: f C 1'
Fax Number: 15417658902
Voice Number: 15417652483
Subject: Desert Chapel
Comments:
Mr. Evans:
If the Chapel has received your letter of Nov. 5th they had not taken
any notice as of Nov.8th. the pictures were taken from our back
yard on Nov 8th.
Our unit is 100 yards from the foot ball field and the site of the stage
for the music concert.
Robert Pailthorp
K-73 Mesquite
Nlonaay, NOVember lt,LUUL 8:48 81VI ROpert t, PaIltnOrp 75477O5$8u2
p,UL
Nee 1 of 4
Robert Pailthorp r
From: 'Robert Pallthorp"abobpail&telaport.eom�
To: "Bob Pailthorp"<bobpail@taleport.com>
Cc: "Mesquite Home owners Assoda0on"�MCCHOA@GTE.NET>
Sent: Saturday,November 09,2002 9:38 PM
Attach: Desert Chapel lighting 11-8.02.Jpg;Desert Chapel 6PM 11-8.02.Jpg; Desert Chapel lights 11-8-
02.jpg
Subject: Desert Chapel Nov.8,2002
The following is for my records.
There was a football game and the selection of a queen at half time.
The game started about 6:00 PM and ended at 10:00 PM. The flood lights went out shortly after the game ended
and cars left the parking lot.
The activity and the sounding area was lighted with portable light units that cast light onto our building and onto
the golf course. See the attached pictures. These flood lights are powered by internal combustion engines with
their associated noise.
Amplified speaker was used for player Introductions, play-by-play comments, announcements, Introduction of
several candidates for queen, An electronic siren was used to start and end the game as well as to start and end
the half time. Game officials used whistles though out the game.
Amplified rock music was played several times during the game.
Each touchdown,there were about 12, resulted in amplified comments and announcements.
R was announced the a queen will be selected each year,
The noise level was great enough many times to make it difficult to carry on a conversation on our patio.
The cheering crowd was at times as loud as the amplified sound.
Bob Pailthorp, K-73
11/9/2002
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page 4 of 4
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* * Department of Planning & Building
* C�RPOpAIV e t 3200 Tabquim Canyon Way• Palm Springs,California 92262
�'q< FO RN\P' TEL:(760)323-8245 •FAx(760)322-8360 •TDD(760)864-9527�
November 13, 2002
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, CA 92264
Re: Desert Chapel— Case No. 5.0788/PD — 59
Dear Mr. MacMillan:
I have received your letter dated November 08, 2002 regarding various outdoor events
and temporary lighting at Desert Chapel. I appreciate your ongoing concerns and hope
that this letter clarifies Desert Chapel activities.
First, the mobile tower lights were placed on the athletic field for Friday night's football
game. There were four light towers located on the east side of the field and five light
towers located on the west side of the field. On Friday afternoon, I worked with Desert
Chapel representatives to submit for approval a temporary lighting plan for football
games only. In addition to reviewing the plan, I personally inspected the athletic field
prior to the game. The lights were placed in accordance with the plan and all lights were
facing east and west. The temporary lighting plan has been approved for football games
only. The season is almost over and there may or may not be additional games this
season.
Secondly, I have discussed outdoor events with Desert Chapel representatives. I have
been assured that there will be no further outdoor concerts or similar large-scale events.
Desert Chapel does not have any further events scheduled. Furthermore, I have
discussed the City Noise Ordinance with Desert Chapel representatives and they are
aware of its provisions and the fact that Desert Chapel must comply with its provisions.
Noise Ordinance violations that occur after 5:00 p.m. during the weekdays need to be
reported to the Police Department at (760) 323-8115 or 327-1441. Noise complaints
during the week, during normal business hours, should be reported to the Community
Preservation section of the Department of Building & Safety at (760) 323-8245.
1 hope this letter clarifies activities at Desert Chapel. Additionally, I am keenly aware that
you have had ongoing concerns and City staff will continue to work with homeowners
and Desert Chapel representatives to work out as many issues as possible.
Sincerely
Dou las . E
9 /t
Director of Planning & Zoning
CC: David Ready, City Manager
Gary Jeandron, Police Chief C)Post Office Box 2743 0 Palm Springs, California 92263-2743 `
RECEIVED
November 8, 2002 2002
NOV ' 8
Douglas R. Evans PLANNING DIVISION
Director of Planning and Zoning
3200 Tahquitz Canyon Way
Palm Springs, Ca. 92262
Re: Case No. 5 0870 Desert ChapeUPD-59
Dear Mr. Evans:
Despite your letter to Desert Chapel regarding violation of City Codes, the church is
continuing to conduct various outdoor events without any sign of their willingness
to comply.
Yesterday afternoon, five mobile tower lights were brought in to the outdoor field
and positioned so that all of them face the Mesquite Country Club Condos in Phase
III. Each of these tower lights contain FOUR bulbs. They were in use throughout
the evening and will be probably be used throughout the weekend.
At least fifty homeowners have living room and bedroom windows which directly
face these light towers. Again we must close our windows and drop our blinds so
that we are not blinded by these light bulbs.
This is in violation of Condition #17 of the Planned Development District.
Sincerely, J� /
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs Ca. 92264
(760) 323-2979
°f PALM sp�z City of Palm Springs
V (A
Department of Planning&Building
,. Planning Division
* roeeoeRc�• * 3200 Tahquitz Canyon Way • Palm Springs,California 92262
Cq! FO RN�P TEL:(760)323-8245 • PAX(760)322-8360 •TDD(760)864-9527
November 5, 2002
Mrs,*rank,-Marshall', Administrator
Desert CFiapel
630 Sunrise Way South
Palm Springs, CA 92264
�t7/
Re: Case No. 5'0. esert Chapel/PD-59 �
Dear Mr. Marshall,
On October 26, 2002, and again on October 31, 2002, the Desert Chapel hosted outdoor events
with amplified music and/or speakers. The City has received a number of complaints regarding
noise, light and traffic generated by this event, from as far as 1.25 miles away from the facility.
Although no noise readings were conducted, the event constitutes a violation of the noise
ordinance, as the noise ordinance essentially prohibits loud outdoor amplified music. In addition,
because the event included amplified music and/or speakers using a public address system, the
event was in violation of Condition #40 of the Planned Development District (attached).
Staff understands that sporting events are regularly conducted at the facility, which similarly use
a public address system and are also likely in violation of the noise ordinance and Condition #40,
In addition, lighting is strictly regulated by City code and may have been used or installed without
City approval (Condition #17 of the Planned Development District).
These issues need to addressed by the Desert Chapel. It is important that the Desert Chapel
operate in compliance with City Codes and Ordinances, with the conditions of the Planned
Development District and in good faith with the rest of the community. If the Desert Chapel intends
to conduct special events in the future, Desert Chapel may need to amend its Planned
Development District and needs to meet to discuss City Codes, Ordinances and overall permits.
In the future any activities which violate City Codes and Ordinances may be subject to enforcement
action by the City, which could include citations, event cancellation and/or revocation of permits.
If you wish to discuss outdoor activities please contact my office. I would recommend that, starting
immediately, all future outdoor activities involving amplified music and/or public address systems
be relocated inside the Multi-Purpose Building or be cancelled.
Pncr Office Box 27,43 • Palm Springs, California 92263-2743
r
PALM SA
City of Palm Springs
* * Department of Planning & Building
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* %RORATO�wA° * 3200 Tahquirz Canyon Way•Palm Springs,California 92262
CqC 1 FO RNOP TEL:(760)323-8245 •FAX(760)322-8360 • TDD(760)864-9527
November 12, 2002
Frank Marshall
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Desert Chapel Temporary Lighting Plan for Football Games Only— Case No.
5.0788/PD —59
Dear Frank:
I have reviewed the proposed lighting plan and conducted a site inspection on Friday,
November 08, 2002 at 6:00 p.m.
The lighting diagram is approved for football games only. All lights shall be directed due
east and west and at no time shall the lights be directed north or south. Lighting shall be
turned off within 30 minutes of the end of the game. Two lights may be used to assist in
cleanup and clearance of the field but shall be turned off by 11:00 p.m.
The use of a temporary public address system (PA) is approved for football games only.
The PA shall comply with the City Noise Ordinance at all times. A copy is attached. I
appreciate your assistance in responding to Community issues and concerns.
Sincerely,
ek /
Douglas R. Evans
Director of Planning & Zoning
CC: David Ready, City Manager
Gary Jeandron, Police Chief
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* * Department of Planning & Building
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A•008 3200 Tahgwez Canyon Way• Palm Springs,CaliForma 92262
FO TEL (760)323-8245 •FAX(760)322-8360 •Too(760)864-9527 I R�
November 12, 2002
Pastor Fred Donaldson
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Outdoor Activities at Desert Chapel — Case No. 5.0788/PD — 59
Dear Pastor Donaldson:
want to confirm the items discussed during our telephone conversation on November
08, 2002. During our conversation, we discussed outdoor activities, outdoor concerts,
and football games.
All outdoor activities need to comply with the conditions of approval for Planned
Development District No. 59. If Desert Chapel desires to alter its operation and City
permits, we will need to discuss the process to amend PD No. 59. Since the Sunny
Dunes street vacation needs to be resolved, this would be a good opportunity to amend
the Planned Development District.
During our discussions, you indicated that the outdoor concert held on October 26, 2002
was not a Desert Chapel sponsored event and that there are no further outdoor concerts
scheduled or planned in the future. Outdoor concerts will likely violate the City's Noise
Ordinance anytime during the day, evening, or night. The Noise Ordinance is in effect
24 hours per day. Our experience at various venues throughout the City is that outdoor
concerts violate the Noise Ordinance and are unacceptable to surrounding residents.
If Desert Chapel wants to pursue outdoor concerts, please contact me since your
Planned Development District permit would need to be amended and the City Noise
Ordinance would also have to be amended.
On a cautionary note, Desert Chapel needs to be aware that the indoor concerts could
also result in complaints and may also violate the Noise Ordinance. Concert-level
sound -- especially base drums and other instruments -- cause lower frequency sounds
which may not be contained in the building. Low-frequency sound travel great distances
and passes through building walls.
Lastly, I have reviewed and approved a temporary lighting plan for the football games
only. A copy of this approval is attached.
b
Post Offirp Bo- 2743 0 Palm Snrings C difnrnia 91263 ?7`3
2
1 appreciate your efforts and those of your staff to work with the City to address
community and neighborhood concerns. If you have any questions, please give me a
call.
Sincerel
�i�
Douglas . Evans
Director of Planning & Zoning
CC: David Ready, City Manager
David Aleshire, City Attorney
Gary Jeandron, Police Chief
OF PALM .SA City of Palm Springs
* * Department of Planning & Building
W� e'
* °�roxp7ev 9 3200 Mquitz Canyon Way •Palm Spungs,California 92262
C y�i Fo RN`P TEL (760)323-8245 • FAX(760)322-8360 • Too(760)864-9527
November 12, 2002
Frank Marshall
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Desert Chapel Temporary Lighting Plan for Football Games Only—Case No.
5.0788/PD—59
Dear Frank:
I have reviewed the proposed lighting plan and conducted a site inspection on Friday,
November 08, 2002 at 6:00 p.m.
The lighting diagram is approved for football games only. All lights shall be directed due
east and west and at no time shall the lights be directed north or south. Lighting shall be
turned off within 30 minutes of the end of the game. Two lights may be used to assist in
cleanup and clearance of the field but shall be turned off by 11:00 p.m.
The use of a temporary public address system (PA) is approved for football games only.
The PA shall comply with the City Noise Ordinance at all times. A copy is attached. I
appreciate your assistance in responding to Community issues and concerns.
Sincerely,
Douglas R. Evans
Director of Planning & Zoning
CC: David Ready, City Manager
Gary Jeandron, Police Chief
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(U City of Palm Springs
f City Attorney
��Oenr to` 3200 Tahquia Canyon Way • Palm Spungs,California 92262
FQ R�\P TEL.(760)323-8211 •Too(760)864-9527
November 12, 2002
Mr. Ron Novy,President
Mesquite Country Club Condominium HOA
P.O. Box 2342
Palm Springs, CA 92263
Re: Complaint of October 31 re Desert Chapel
Dear Mr. Novy:
Thank you for your letter of October 31, 2002 concerning your complaint that Desert Chapel has not
complied with various conditions of approval.
Of course,I agree with your point that the City must either enforce its rules or change them. It does appear
that there is administrative authority to approve extensions in time for outdoor activities past 10:00 P.M.,but
it appears from the correspondence and a-mails that these were neither sought nor given.
The question is one of proper administrative response. It is the City's policy to attempt to work in a non
coercive manner with its constituents to resolve issues, and this is why the wheels of government can
sometimes appear to move slowly. I can see you have been communicating with the Planning Department
and have sent a copy of your letter to Doug Evans. I will also copy this letter to the City Manager,the head
of the administrative organization.
I'm sure that if the City staff feels that legal action is necessary to assure compliance, they will refer the
matter to our office. However, I believe that Desert Chapel is a responsible organization and this will not
prove necessary.
Please continue to work with the Planning Department unless the City Manager directs otherwise,and letthe
City Manager and me know if the situation is not resolved in the near future.
Very truly yours,
xa-�
David J. Aleshire
City Attorney
DJA:mme
cc: David Ready, City Manager (w/letter of 10/31/02)
Mayor and City Councilmembers
Doug Evans, Director of Planning&Zoning
Frank V. Marshall, III,Administrator, Desert Chapel
1
Post Office Box 2743 0 Palm Springs, California 92263-2743 1v 11
MESQUITE COUNTRY,RY, CLUB CONDO DO ff-1(omiEbWNIERS
ASSOCIATION
P.O. Sox.2342
Palm springs; CA 92263 ' FREGEIVED
i 3 2002
October 31, 2002 G DJVISION
Mr. David J. Aleslure
City Attorney, City of Palm Springs
118301 Von Karman Ave., Suite 1050
Irvine, CA 92612
Re: Desert Chapel
Dear Mr. Aleshire:
The purpose of this letter rs 'to rniorin,you of several areas of non-:cpinpliance by Desert
Chapel, with the Conditions of Approval for its expansion
The Conditions of Approua1,ascproyid6 to us,by_Douglas R:Evans, Director of
Planning and Buildrng spepXfically�sfate'"TJ,ie'oleander.screening=along the northern
property line shall be niaFnlauied 1p the satisfaction'of the Dire.46`r of Plizitning and
Building. The mininI M,Ite'ight ai trz"rii un"Q,shall be seven(7) feet. All dead plants
shall be replaced with inature hedge material with_ti m"in utin heiPht of seven (7) feet."
I can assure you that, at no time, has this's'eation.been complied with. Eitherme have had
to contend with dead plant miter*al,missing plant material,.'orshort plant material.
The Conditions of Approval,further stafe"Evening,outdoor activities at the subject site
shall cease at 10:00 P.M. unless special time extensions are granted by the Director of
Planning and Building and/or the Chief of Police'; and "No public address system
shall be allowed other than (or emergency service.'
During the early morning hours (2:00 A.M) of Saturday, October 26, 2002; there was a
full crew working outside on the property at Desert Chapel. Field lights were on,
generators were running,large tricks were coming and going and approximately fourteen
workers were busy hammering and installing a stage in preparation for a concert. That
evening, during the,concert, a public address system was used. Needless to say, many
residents at Mesquite were disturbed by the noise. The'Homeowners' Association office
received three telephone calls from residents in our I, J and K Buildings. I received a
note, documenting the activities, from a resident in the K Building.
Was Desert Chapel granted a special time extension by the Director of Planning and
Building, or the Chief of Police?, Perhaps but, if so, we were not aware of it and neither
760-322-5950 • Fax 760-323-3189
October 31,2002
Mr. David J. Aleshire
Page 2
was the City, as evidenced by the enclosed emails. We certainly do not believe that a
concert qualifies as "emergency service".to allow the use of a public address system:
During our negotiations over the easement with Desert'Chapel, we constantly heard the
word"neighborly". It was used particularly to state that Mesquite Country Club .
Condominium HOA was not being neighborly. We are not trying to be unneighborly.
However, we are asking for a little compassion_ nd communication from Desert Chapel
and the City of Palm Springs. It is apparent that outdoor events'are going to continue at
Desert Chapel. It also appears apparent that the City of Palm Springs is going to,do
nothing to enforce its Conditions of Approval., During the early morning hoursiof concert
set-up, the police were called by one of our homeowners. The homeowner was told that
the police were working on other matters and would send someone if they could. The
police never arrived in response to the homeowner's complaint. It's ironic, though, that
the police department had several officers available the evening of the concert to direct
traffic. I believe the City and the police department need to get their priorities in order.
As a homeowners' association, we have rules and regulations which must be enforced.
Our policy is that if it is a bad rule, eliminate it. However, until it is eliminated, we have
an obligation to enforce it. Failure to enforce subjects the Board of Directors to liability.
Why would the City adopt Conditions of Approval if it had no intention of enforcing
them? And, does its failure to enforce not subject the City to potential litigation?
As City Attorney, I would hope that you would understand the seriousness of the above.
It appears to many that Desert Chapel is receiving preferential treatment, due to ties
which many City officials have to Desert Chapel. The City's failure to act in enforcing
its Conditions of Approval only lends credence to this belief.
Very truly yours,
MESQUITE COUNTRY CLUB CONDOMINIUM HOA
Ron Novy
President
Cc: Douglas R. Evans, Director of Planning and Building
Frank V. Marshall, III, Administrator, Desert Chapel
City of Palm Springs Council Members
Wayne Guralnick
Page 1 of 1
Mesquite HOA
From: Robert Pailthorp [bobpail@teleport.com]
Sent: Friday, November 01, 2002 10:44 AM
To: Bob Pailthorp
Cc: Mesquite Home Owners Association
Subject: Desert Chapel Halloween Party 2002
This is for my record.
On the after noon and evening of Oct.31, 2002 (Halloween)the church held a party in their paved lot across form
phase three.
At 5:00 PM they started engine generators on portable flood light units. I have taken pictures of one of these
units which was across the ditch from us and next to the west wall of the water district well/pump station, I also
took pictures of the light glare from the lights. The engines were operating and lights were still on at 10:00 PM
when we went to bed,
During the evening a loudspeaker address system was used several times for announcements. Music recordings
were played all evening. A fire truck and police car were present as a public education display ( I suspect). A
rubber wheel ride made to resemble a train was used. It had a Toot-toot whistle that was used repeatedly.
Robert Pailthorp
Nov. 1st, 2002
11/4/02
Page 1 of 1
Mesquite HOA
From: Robert Pailthorp [bobpail@teleport.com]
Sent: Wednesday, October 30. 2002 6:06 PM
To: Bob Pailthorp
Cc: Mesquite Home Owners Association
Subject: Desert Chapel record of conversation
Record of telephone conversation with Alex Meyerhoff, Principle Planner, City if Palm Springs
I called Mr. Meyerhoff on October 30 as I said I would.
He had determined that the Church did not have a permit for the concert and had violated City ordinances. They
are not allowed to use amplify sound. I told Mr. Meyerhoff they also amplify sound for their football games. He
also made a statement related to noise restrictions after 10 PM. He is writing a letter to the church that will be
given internal reviews. I can have a copy of this letter. He said to call next week to make arrangement to get a
Copy.
He commented that the letter would be widely read. I ask why. He said because many people were interested in
the activities of the Church.
Bob Pailthorp
11/1/02 —
October 31, 2002
Alex Meyerhoff
Principal Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Ca. 92263
Re: DESERT CI3APEL VIOLATIONS
Dear Mr. Meyerhoff
I am writing this letter to again bring to your attention numerous and serious code
violations that are continuing at Desert Chapel which have seriously eroded the quality of
life for us residents at Mesquite Country Club which adjoins the church property.
I have communicated with you previously over the past couple of years both in person and
over the phone about ongoing violations, however they not only continue, they just keep
getting more frequent and more serious.
In my condo building alone (which consists of eight units) in the past two years, six of our
residents have sold their condos and moved out, all because the church activities have made
it impossible to live adjacent to their property. One long time seasonal renter from
Canada, who no longer rents in the phase that adjoins the church, I recently ran into on
the bike trail along the golf course. She explained to me that the church noise not only
made it impossible to sit out on the patio, but she couldn't even sit inside her unit without
being disturbed by the church noise. To quote her words to me "what contempt the church
must have for the homeowners at Mesquite".
The Conditions of Approval from the City dated 10/13/99 specifically stated:
All lighting shall be in accordance with the City's non-glare standards. All unpernsitted night
lighting shall be removed or permitted in compliance with the City's non-glare standards.
The church continually rents portable light towers from Brudvik Electric rental division
(phone 320-9221 - speak to Rich) for their evening activities on the church property. Since
the bleachers (and are the bleachers permitted?)face our condos, the lighting towers are
located so that all lighting faces OUT from the bleacher area and INTO our condo
windows, which by the way, also lights up the entire Mesquite Golf Course between Sunrise
and Farrell Drive so that one could play nighttime golf. Most evenings these light remain
on well after midnight, usually being turned off around 1:30 am.
No public address system shall be allowed other than for emergency service.
��� P% ��,'
The church continually uses a public address system not only for a,Atheir football games,
(which they also use amplified sirens when their teams score), but for other events on the
property.
The oleander screening along the northern property line shall be maintained to the
satisfaction of the Director of Planning and Building. the mininnim. height at trimming shall
be seven (7).feet. All dead plants shall be replaced with mature hedge material with a
minirnum height of seven (7)feet.
Not only are the plants not being maintained - (they are never trimmed, dead plants, open
spaces where plants were never put in, some weeds are growing higher than seven feet,
exceeding the height of the existing shrubs), the church has put a waste disposal dumpster
up against the fence that adjoins my condo. This dumpster is the larger size that is rented
from the city- and is uncovered.
And of course, the most recent event at the church, the Concert that was held this past
weekend. The night before the concert, there was a football game that ended around 9:00
pm.........minutes after game ended, workers began arriving in big rig trucks and their cars.
There were around twenty men who began to remove pieces of a large metal stage from the
trucks. All night long they were working, hammering and installing the stage until I could
no longer stand the noise. I made two phone calls to the Palm Springs Police, being told
both times "we are out on emergencies sir, if we can send someone out we will'. Finally at
1:55 am, I got dressed and walked over to the property and asked the workers to stop and
come back the next day. They told me they had to get the stage up for the concert the next
day and had a lot of work to do. Then of course the same thing was repeated AFTER the
concert. I also understand the church did not have a permit for the concert, although half
of the Palm Springs police department was around the property, helping them direct traffic
on Sunrise, in the parking areas and on the grounds.
During the summer months, the church holds weekend evening gatherings to allow teens to
stay off the streets. This is usually only supervised by a teenage son of one of the church
administrators. Every weekend, the teens come and ago in their cars beginning at 8:00 pm
and continuing well after midnight, usually ended around 2:00 am. Most of the teenager
are out on the church property, playing games such as jumping over chain link fences,
giving rides to each other up and down the church parking lot on top of metal book carts
on wheels, roller blading across the parking lot, chasing each other into the dark golf course
and hiding out in the city water district property, in the dark where noone can see what
they are doing. Teenagers usually have car stereos, which of course must be played at top
volume - which we all get to enjoy over here at Mesquite. The many attempts I have made
to ask the church to cut down of this noise is always the same response "this is private
property, we can do what we want'.
Then there is also the allowed functions which we also must tolerate - such as the school
children being dropped off just after 7:00 am - playing in the parking lot that adjoins our
condos all day long - the Sunday morning early live band practice prior to church starting
which usually begins around 8:00 am. and all the other church activities that create noise
all day long, seven days a week. Gardeners starting at 6:00 am on Saturdays, with the lawn
movers and blowers - evening building cleaning which on many occasions goes on after
midnight - where generators are used outside to power cleaning machines being used in the
buildings.
How many more homeowners are going to be forced to move before the city takes the
appropriate steps to insure the church complies with the conditions of approval? This is
my question to you, Mr. Meyerhoff.
Sincerely,
Arthur MacMillan
2001 Camino Parocela IC-77
Palm Springs, Ca. 92264
d'
October 31, 2002
Alex Meyerhoff
Principal Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Ca. 92263
Re: DESERT CI3APEL VIOLATIONS
Dear Mr. Meyerhoff
a
This morning I dropped off a letter to you at your office regarding ongoing Desert Chapel
city code violations. Just this evening, after returning home from working today, I arrived
home to find the following ongoing on the Desert Chapel property throughout the evening:
Three portable tower lights shining into my condo windows
A outdoor church function going on which included:
train rides around the parking lot with a blowing train whistle
amplified music being broadcast outdoors
a loudspeaker system outdoors addressing the crowds around the church grounds.
As is usually the case, this activity tonight is well attended by Palm Springs city employees:
several police cars on the property
the city DARE automobile
two policemen on horses
one city fire truck
I am looking forward to your response as to how these violations will be addressed by you.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Patin Springs, Ca. 92264
November 21, 2002
Mr, Douglas Evans
Director of Planning & Zoning
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, Ca, 92262
Re: Desert Chapel - Case No. 5.0788/PD - 59
Dear Mr. Evans:
I have received your letter and appreciate you taking the time to visit the athletic field for
the Friday night football game and for explaining the lighting setup that you have
approved. By facing the lights east and west, I assume you feel comfortable that
positioning the lights this way helps eliminate the glare problem. You also mentioned that
there may or may not be additional games this season. That is a response we usually hear
when we discuss our concerns directly with the church, but the outdoor"events" keep
coming and with more frequency as the church continues to grow. This evening when I
came home from work and looked out my living room window, there are the nine light
towers positioned for another weekend of outdoor events.
Since there are obviously outdoor events that will be going on this weekend (I don't know
the church's schedule) with the light towers in position, I would like to invite you to come
out and see OUR perspective of what we must endure while these events occur. Since
you have visited the church and worked with them, is it not fair that you also visit with
the homeowners impacted by these events and see firsthand from our perspective. By
positioning the lights east/west, you have created a safety hazard on the city bike trail that
runs between Farrell and Sunrise. If you are riding a bicycle or walking on the trail after
sunset and the tower lights are on, you are 100% blinded by the lights where you cannot
even put your hand out in front of your face and see it. It is at it's worst when you are on
the bike trail (in phase III of Mesquite) near the tennis courts that are closest to the
church. Is this acceptable to the city and is there not a liability issue involved if one is so
blinded by the lights that an accident can occur between bicycles or a bicycle/pedestrian?
Also your letter to me makes no mention of the outdoor p/a system during the football
games. Allowed or not allowed? According to the Conditions of Approval for Desert
Chapel, this is not allowed. What is the measure for when it becomes a violation of the
noise ordinance after 5pm and what is the penalty to the church for violating this noise
ordinance to deter them from continuing to violate? Are you willing to "measure" the
noise level that these events create, or is it just assumed that with a few hundred people
being encouraged to scream and yell along with music and a outdoor p/a system that any
� �
acceptable level has been exceeded, however the city is allowing this to continue? How
do we know at what degree of noise level the police will respond, if at all, or are they
instructed not to intervene with any football games? Were noise levels not measured
and documented when the Tennis Club homes were complaining about the late night noise
coming from the Palm Canyon restaurants that have the outdoor bands? It seemed
everyone from the City Council on down worked hard to help those homeowners get bask
their right to peace and quiet.
When Angel stadium sits empty on the nights the church has these football games, why
can't the city work with the church and relocate these games in that stadium which is
designed and located for such large scale crowds? It just baffles me that our paradise and
right to peace and quiet can be destroyed by one groups desire to "entertain" themselves,
without any regard to the rights of the rest of the citizens of the community. When the
church expansion was in the planming stage, I made frequent visits to your planning
department to review blueprints and layouts for the church as I live closest to the church
property and plan on remaining living here the rest of my years. I was assured by the
person in the planning department that the playing field was being allowed for daytime
activities only. That was the reason no permanent lighting was allowed on the field.
When I inquired about crowds on the field, I was told no bleachers were going to be
allowed. I was told that was the reason for the multi purpose building - this was supposed
to "contain" the crowds and noise from the rest of the community and evening events
would be illuminated within the confines of the building. I told the planning department
gentlemen (Mr. Meyerhoff has now taken his place) to please be sure the multi purpose
building did not have door openings on the side that faced our condos. Needless to say,
the side the faces our condos has a large garage style roll down door, that is often left
open for their indoor events, such as band practice and games. This then causes a
amplification effect that bellows out right towards our windows
Since the church has also used the tower lights in other areas of the property (in the
parking lots that adjoin Sunrise during large events-where the lights are facing our condo
windows, and on the property north of Sunny Dunes, up against the fence that borders the
Baristo Storm channel and our condos, such as they did for the recent Halloween event
that had hundreds of participants outdoors in the parking lot along with amplified music
and a p/a system only yards from our windows. Is this going to continue with the city's
blessing or will this be considered a violation in the future. Since I am not convinced the
church will cease these activities and expect they will continue, at what level of
noise/lighting/ete. will a police response or code enforcement response be deemed
appropriate. Also for your information, I did contact a code enforcement person for the
last football game. The person (Carol?) told me that she was aware the church was in
violation of city codes, however, she was informed by you to not take any action and to
advise me that you were working with the church on the issues that concerned us.
So we don't need to communicate again when Summer arrives, what can we expect when
the church begins the weekend teenager hangout which goes on well past midnight from
June into September? This is supervised by only one person (the son of one of the
June
who is barely a teenager himself) who can be found indoors in a large
classroom with about 50 teens. The door to this room is always left open, with the music
and noise from that room bellowing out towards our homes. The rest of the church
grounds outdoors are not supervised by anyone. The teens come and go in their cars,
hang out in the parking lots, car radios blasting,jumping over fences, running into the golf
course or the city well property, skate boarding between the portable classrooms on the
sidewalk, and taking rides on portable steel bookcases with wheels down the parking lot,
screaming when they get dumped off the carts. Some of them even walk around the
border fence into the Baristo Storm creek and sit on the large rocks, which is very close to
our windows. I have even smelled marijuana on more than one occasion when the teens
are sitting in the City well property or along the wash. Even though this is not considered
an outdoor"event", it creates the same amount of disturbance and noise. When I walk
over and ask that the noise be kept down, or if it's close to 1:30 in the morning, I'm told
by the one person in charge that it's their private property and they can do what they
want. If I then phone the police, since it's a weekend, my calls go to the bottom of their
list. The church won't even keep their own security guard on duty to watch the teens past
9:00 or 10:00 PM, even though the teens are there until 2:00 am. Can you name even one
other place in the city where so many city code violations occur in one location that go
unchecked?
We need clear and concise information from the city Mr. Evans about our concerns and
we are being told by the city manager and city attorney that we are to work with you. The
church is not going to go away and neither are many of us homeowners that love this area
and plan to stay for many years. I realize how busy you must be with the growth of this
city and the issues you must face on a daily basis. I am sure you don't want to keep
writing letters regarding Desert Chapel...... however to us, as I'm sure you understand,
this is an issue of great concern, and according to the Conditions of Approval in regards to
lights, P/A system and city codes regarding noise, many of these occurrences are clear
violations.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, Ca. 92264
(daytime phone between 10-5pm: 323-2979)
CC: Mesquite Country Club HOA Association
City Council
O
OF PALM Sp .
City of Palm Springs
U � �
* * Department of Planning & Building
* ryC�RPOpptEO Ep � 3200 Tahqu¢z Canyon Way • Palm Springs,CaLfornm 92262
�1'qC 1 FO' \p' TLL:(760)323-8245 • FAX(760)322-8360•TDD(760)864-9527
RN
November 13, 2002
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, CA 92264
Re: Desert Chapel —Case No. 5.0788lPD—59
Dear Mr. MacMillan:
I have received your letter dated November 08, 2002 regarding various outdoor events
and temporary lighting at Desert Chapel. I appreciate your ongoing concerns and hope
that this letter clarifies Desert Chapel activities.
First, the mobile tower lights were placed on the athletic field for Friday night's football
game. There were four light towers located on the east side of the field and five light
towers located on the west side of the field. On Friday afternoon, I worked with Desert
Chapel representatives to submit for approval a temporary lighting plan for football
games only. In addition to reviewing the plan, I personally inspected the athletic field
prior to the game. The lights were placed in accordance with the plan and all lights were
facing east and west. The temporary lighting plan has been approved for football games
only. The season is almost over and there may or may not be additional games this
season.
Secondly, I have discussed outdoor events with Desert Chapel representatives. I have
been assured that there will be no further outdoor concerts or similar large-scale events.
Desert Chapel does not have any further events scheduled. Furthermore, I have
discussed the City Noise Ordinance with Desert Chapel representatives and they are
aware of its provisions and the fact that Desert Chapel must comply with its provisions.
Noise Ordinance violations that occur after 5:00 p.m. during the weekdays need to be
reported to the Police Department at (760) 323-8115 or 327-1441. Noise complaints
during the week, during normal business hours, should be reported to the Community
Preservation section of the Department of Building & Safety at (760) 323-8245.
1 hope this letter clarifies activities at Desert Chapel. Additionally, I am keenly aware that
you have had ongoing concerns and City staff will continue to work with homeowners
and Desert Chapel representatives to work out as many issues as possible.
Sincerely
Dou
g
Director of Planning &Zoning
CC: David Ready, City Manager
Gary Jeandron, Police Chief
Post Office Box 2743 • Palm St,rirgs C-lifornia
Oti PALM Sp
h� ,�� ��-2 City of Palm Springs
U to
Department of Planning&Building
* Planning Division
3200'rahquitz Canyon Way • palm Springs,California 92262
Cql 1 FO RN�P TEL.(760)323-8245 - FAX(760)322-8360 •TDD(760)864-9527
November 5, 2002
Mr. Frank Marshall, Administrator
Desert Chapel
630 Sunrise Way South
Palm Springs, CA 92264
Re: Case No. 5.0870 Desert Chapel/PD-59 -
Dear Mr. Marshall,
On October 26, 2002, and again on October 31, 2002, the Desert Chapel hosted outdoor events
with amplified music and/or speakers. The City has received a number of complaints regarding
noise, light and traffic generated by this event, from as far as 1.25 miles away from the facility.
Although no noise readings were conducted, the event constitutes a violation of the noise
ordinance, as the noise ordinance essentially prohibits loud outdoor amplified music. In addition,
because the event included amplified music and/or speakers using a public address system, the
event was in violation of Condition # 40 of the Planned Development District (attached).
Staff understands that sporting events are regularly conducted at the facility, which similarly use
a public address system and are also likely in violation of the noise ordinance and Condition #40.
In addition, lighting is strictly regulated by City code and may have been used or installed without
City approval (Condition #17 of the Planned Development District).
These issues need to addressed by the Desert Chapel. It is important that the Desert Chapel
operate in compliance with City Codes and Ordinances, with the conditions of the Planned
Development District and in good faith with the rest of the community. If the Desert Chapel intends
to conduct special events in the future, Desert Chapel may need to amend its Planned
Development District and needs to meet to discuss City Codes, Ordinances and overall permits.
In the future any activities which violate City Codes and Ordinances may be subject to enforcement
action by the City, which could include citations, event cancellation and/or revocation of permits.
If you wish to discuss outdoor activities please contact my office. I would recommend that, starting
immediately, all future outdoor activities involving amplified music and/or public address systems
be relocated inside the Multi-Purpose Building or be cancelled.
Pr-r (1iffire Rm, 2743 • Palm Snrinus, California 92263-2743
Mr. Frank Marshall, Administrator
Desert Chapel
Case No. 5.0870 Desert Chapel/PD-59
November 5, 2002
Page 2
If you have any questions regarding these issues please feel free to contact me at (760) 323-824&
Sincerely,
1
Douglas R. ans
Director of Planning and Zoning
CC: City Manager
Police Chief
Mayor and City Council
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08/27/2003 17:13 760-325-7048 DESERT CHAPEL PAGE 04
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Mr.Charles Koller
Middlebrook,Kaiser&Popka
1900 Tahquitx Canyon Way
Palm Springs, CA 92262
Re: Desert Cl pel/Mesquite HQAjunny Dunes Stmot'Vmation
Dear Chuck:
I am disappointed but not surprised at your client's decision and I am verx appreciative of
your kind words. I figured the final request that you pay their legal fees for the last year's
unfruitful correspondence was going to put things over the top.
Dedication of public fight-of-way is normally handled through the City Engineer, Dave
Barakian, so I'd refer you to him. Thinking this might go this way, I did mention the issue to
him and was not surprised that he is not enthusiastic about taking the street back.
Given all that has happened, the Council would probably consider removing the
insurance requirement from your conditions of approval, but it appears this will not solve your
problem with the Mesquite HOA. In fact, there may be legal issues even if we rededicate the
street. �`
In any event, I believe the City would ultimately cooperate in trying to got the parties
back where they started froth. Let me know if you need help with Public Works.
"Very truly yours,
Davt eshire,City Attorney-
of BLMn,WILLIAMS&SOR ENSEM LLP
DJA/dle
CC,. Mr. have Sarakian �y
vVr, Fred Donaldson
„?&.Frank Marshall
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08/27/2003 16:45 760-225-7049 DESERT CHAPEL PAGE 03
David Aleshire,Esq.
July 29,2002
�., Page 2
oblige.
At this time,the Board of Directors has voted to support Desert Chapel's decision to
abandon its efforts to vacate Sunny Dunes.Road. We hope that the City will some to take
back the surct so that we array forget the easement and put this entire matter behind us.
Again, we thank you for your efforts and regret that so much time needed to be spent on
this issue.
VeryyiVyours, ���
Ron Novy
President
Cc: Mesquite CC Condo HOA board of Directors
Wayne Guralnick
Fred Donaldson
Fnle Marshall
urGh Council
Nancy Jo Mclntosh
The Honorable Will Kliendeinst,Mayor
The Honorable Jeanie feller-Spurgin,Mayor Pro Tom
The Honorable Ron Aden,Councilman
The Honorable Chris Mills,Councilman
The Honorable Deyna Hodges,Councilwoman
Doug Evans,Alex Meyerhoff
November 8, 2002
Alex Meyerhoff
Principal Planner
3200 Tahquitz Canyon Way
Patin Springs, Ca. 92262
Re: Case No. 5 0870 Desert Chapel/PD-59
Dear Mr. Meyerhoff:
Despite your letter to Desert Chapel regarding violation of City Codes, the church is
continuing to conduct various outdoor events without any sign of their willingness
to comply.
Yesterday afternoon, five mobile tower lights were brought in to the outdoor field
and positioned so that all of them face the Mesquite Country Club Condos in Phase
M. Each of these tower lights contain FOUR bulbs. They were in use throughout
the evening and will be probably be used throughout the weekend.
At least fifty homeowners have living room and bedroom windows which directly
face these light towers. Again we must close our windows and drop our blinds so
that we are not blinded by these light bulbs.
This is in violation of Condition #17 of the Planned Development District.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs Ca. 92264
(760)323-2979
October 31, 2002
Alex Meyerhoff
Principal Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Ca. 92263
Re: DESERT CHAPEL VIOLATIONS
Dear Mr. Meyerhoff
I am writing this letter to again bring to your attention numerous and serious code
violations that are continuing at Desert Chapel which have seriously eroded the quality of
life for its residents at Mesquite Country Club which adjoins the church property.
I have communicated with you previously over the past couple of years both in person and
over the phone about ongoing violations, however they not only continue, they just keep
getting more frequent and more serious.
In my condo building alone (which consists of eight units) in the past two years, six of our
residents have sold their condos and moved out, all because the church activities have made
it impossible to live adjacent to their property. One long time seasonal renter from
Canada, who no longer rents in the phase that adjoins the church, I recently ran into on
the bike trail along the golf course. She explained to me that the church noise not only
made it impossible to sit out on the patio, but she couldn't even sit inside her unit without
being disturbed by the church noise. To quote her words to me "what contempt the church
most have for the homeowners at Mesquite".
The Conditions of Approval from the City dated 10/13/99 specifically stated:
All lighting shall be in accordance with the City's non-glare standards. All unpertttitted night
lighting shall be rentoved or permitted in compliance with the City's non-glare standards.
The church continually rents portable light towers from Brudvik Electric rental division
(phone 320-9221 - speak to Rich) for their evening activities on the church property. Since
the bleachers (and are the bleachers permitted?) face our condos, the lighting towers are
located so that all lighting faces OUT from the bleacher area and INTO our condo
windows, which by the way, also lights up the entire Mesquite Golf Course between Sunrise
and Farrell Drive so that one could play nighttime golf. Most evenings these light remain
on well after midnight, usually being turned off around 1:30 am.
No public address system shall be allowed other than for emergency service.
/ idnight-where generafars are used outside to power cleanin¢ machines being used in the
buildings.
How many more homeowners are going to be forced to move before the city takes the
appropriate steps to insure the church complies with the conditions of approval? This is
my question to you, Mr. Meyerhoff.
Sincerely,
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, Ca. 92264
o�
08/27/2003 16: 45 760-325-7048 DESERT CHAPEL PAGE 02
MESQUITE COUNTRY CLUB CONDO HOMEOWNERS
ASSOCIATION
P.O. Box 2342
Palm Springs, CA 92263
July 29,2002
David J. Aleshire,Esq,
City Attorney, City of Palm Springs
11$301 Von Karmen Avenue,Suite 1050
Irvine, C.A.
Re; Mesquite Country Club HOA0' cset#CIpnpel;V4sgment
Dew Mr. Aleshire: .
First, I would like to take:oui Q(zpottutti; .to tban(E,yoil 'onbeha't of the Board of
Directors and Mesquite 600rs,> it dour tlxffe and" iirxa'w attempting to bring
resolution on the above issue.
Second, I feel compelled;ttt iiespond,to;sonic of the itefts,men.oiled in Charles Koller's
lateen to yau,dated Juno-26:.2t102. Mr.I£olter'itretttiot .I , . infle ¢le position taken by
our attorney, Wayne Guralisick, It is tiW th6f Mr. Cruisltff&was riot willing to back
down from requiring compliance with the terms of the rerorded;oasement, I would
question the abilities of an'Womey who •would not roquim,cot lance with a contract.
Mr. Koller also stated in his letter that the"isssue" should have never been included in the
first place. By"issue",I am asiuming he is saferring to die'Association being added as
an additional insured on the church's insurance policy; ou added this as a condition to
the easerncnt,not the Association.
It appears that Mesquite Country Club Condominium HOA and its attorney are being
portrayed as the bad guys. On the contrary. We, by virtue of the vacating of Sunny
Dunes Road were forced to traverse Desert Chapel's parking lot, increasing our liability
j and exposure. We were given no choice in this matter, Therefore, we believed we were
entitled to as much protection as possible and you apparently agreed with that at one time
by suggesting the additional insured condition for the easement. It is unfortunate that Mr.
Koller, or his client, did not investigate their ability to comply with this condition prior to
signing the easement.
i
Since the expansion of Desert Chapel began two years ago, it has yet to comply with
several of its conditions of approval, i.e., 10 P.M. noise abatement, 7 foot oleanders to
provide a.sound block,etc, We are trying to be"good neighbors". however, if that
means permitting Desert Chapel to ignore its responsibilities and obligations,we cannot
760-322-5950 , Fax 760.323-318
08/27/2003 17: 13 760-325-7048 DESERT CHAPEL PAGE 03
06/26/2002 14:16 • 760-9220979 MIDDLEBROOK KAISER PACE 03
David Aleahire June 26, 2DO2
Fie: Desert ChOpeltMeaquite HQA _ Page 2
Crttralaick's threats of litigation. And it is clear that reasquabletifts is not a word that exists in
Mr. OwAlnick's vocabtilary since he believes Desert Chapel is required to fray "wbatover is
necessary"to obtain a completely wanecessary piece of itutu"artce covarage. All of this despite
the fact that it is they who are corning on Our property,property Occupied by Our students and
parisbio=s,and it is their use that increases the risk, It is they who should be proffering the
Additional inured endorsement to us.
I rogrot them an altoruadve solUtion could not be reached but with the association's
inflexibility as presented through its attorney requiring an additional insured endorsement
(covomgc they do not have with Sunny Dimes as a public street)and refusing to provide a
reciprocal one,the btudcn of the cuMidon imposed by the City Council to carry such an
mdoraement far outweighs the benefit of the vacated street.
Again.I thank you for all of your hard work. It is greatly appreciated. I am se indiug a
copy of this totter to Mr. Guraluick(so that he can infonn his client to cease woW"on finding
insurance)as well as to the City Is Truk•Manager,Nawy,Jo lvlolatosh,who went above and
beyond the'call of duty with her very kind and generous offer to assist us.
Should you have any questions or desire any frtrther information,please do not hesitate
to call or write.
Sincerely,
XWDLn R0OK.KAISER dr POPKA
Charles E. bolter
CHWjs
cc: Fred Donaldson
Frank Marshall
Church Council
Weync Ouralaick
Nancy Jo McIntosh(by Zinn 322-8323)
The Hotioxable Will Kliondei nst,Mayor
The Honorable Jeanie Reller-Spurgin,Mayor Pro Tom
The Honorable Ron Oden,Councilman
The Honorable Chris Mills,Councilmen
The Honorable Deyna Bodges,Cat=9woman
January 11, 2004
Palm Springs City Council JAN l 2004 �'I
Palm Springs, CA
v
Re: Case No.5.935-PD-59 January 21,2004 Meeting
To the Honorable Mayor and City Council Members of the City of Palm Springs:
We recently received"another"notice of Public Hearing"regarding the Desert Chapel for the
amendment to the Planned Development District 59 to consider revisions to the master plan.
Including: 1)the addition of classrooms, a nursery, an administration building, and a new special
events area; and 2)the establishment of regulations for the time, place, and manner of special
events, including night-time football games, at 600 South Sunrise Way, Zone PD 59, Section
24."
We would like to request that the City Council DENY this and any other future amendments
requested by the Desert Chapel to the master plan.We say"Enough is Enough!"We have
patiently stood by and watched as the Council and The Department of Planning and Zoning
approved modification upon modification requested by the Desert Chapel during the past few
years -to the point where it has severely degraded our way of life and style of living at Mesquite
Condominiums We have not complained in the past,but can no longer refrain from doing so.We
had not voiced our opinions before because as we understand it, prior approvals were a shoe in
because of some prior Council member's relationships and associations with the Desert Chapel.
The noise factor has gotten so bad that during the day, all we hear is noise due to the school and
kid factors outside and during the nightlevenings - the football games that ALREADY are being
played at night and often times last beyond 11 PM in violation of the current master plan. This
noise factor has already caused numerous neighbors to sell their Condos and move out, as well as,
been a factor of property devaluation in this time of prosperity.We purchased our condominium
at Mesquite well over 12 years ago so we could have a place to unwind, enjoy the serenity of
Pahn Springs, and enjoy the desert way of life. Until the Desert Chapel began it's expansions,we
had been able to enjoy the peace and quiet we were looking for,providing us an avenue to
unwind and reflect on the beauty of the Palm Springs area. Our peaceful and serene way of life
today is being threatened by the ever changing environment being caused by modifications to the
master plan being requested by the Desert Chapel and the contributing noise factors that result
from these modifications being detrimental to the wonderful and peaceful way of life we have
enjoyed for so many years in our home in the Desert...
We respectfully request that the Palm Springs City Council vote against approval for Case
Number 5.935•PD-59 on January 21,2004 and any other future requests for modifications to the
master plan.
Re ectfirlly Submitted,
Fred and Lupc Luevano Mailing Address:
2001 F. Camino Parocela 1166 Arroyo Pacifica
Unit J-69 Fallbrook, CA 92028
Palm Springs, CA 92263 email: fluevano@pemagic.net
760-723-9991
boo
TO: Mayor Ron Odom, City Council Members & P�
City Planners of Palm Springs, CA
FnOM: Karleen and Roger Grummett
2001 E. Camino Parocela J72, Phase 3, Mesquite HOA
Palm Springs, CA
SUBJECT: Case No. 5.935-PD-59,
Desert Chapel Application to Amend PDD 59
HEAR NG DATE: January 21, 2004
Dear Ladies and Gentlemen,
The following addresses only one of Desert Chapel's ongoing lighting, noise, and
permit violations. It concerns the football/special events field location and attendant
noise. We invite you to visit this site and cross the footbridge to see for yourselves the
closeness of our building to this field and how it impacts our property's value:
The Problems: We don't know what upsets us more,
1. that someone would build a football/special event field 250 feet from our residence,
2. that this field was constructed below the radar, without notice, to the City or to
neighboring residences,
3. that Desert Chapel is asking for approval of this field for special events that go
beyond the ten football games per year they are requesting, and that already occur,
4. that the request for approval asks permission to use a public address system,
5. that events continue to be staged in an unapproved venue,
6. or that Desert Chapel has continued to violate city ordinances without penalty.
We are reasonable, fair-minded people. We enjoy children and knew when we bought
our condominium in 1996 there was a small school next door. But no one could have
bargained for the unannounced and sometimes illegal expansion of the school and the
insensitivity of Desert Chapel as a neighbor, all of which has been previously
documented.
And noise violations continue. For example, one morning on November 2003 we were
wakened at 5 a.m.by a leaf blower in Desert Chapel's parking lot near the field. Then in
December, we were subjected to a long Christmas special event at the field. It was more
than a simple tree lighting ceremony. It was a full-fledged choral concert with public
address system at full tilt. In both cases, the ensuing noise was like hosting the event in
our living room. Though we've never done this before,but because we are given no
\��` too ___
other recourse for immediate help, we called the police department citing violations of
the noise ordinance.
Solutions: It's unreasonable to expect the people in Phase 3 of the Mesquite
Homeowners Association to be any more understanding. We strongly oppose the
approval of this special event/football field. In the interest of fairness and to rectify
past injustices,we request that Desert Chapel be required to do the following:
1. Conduct special events inside the multi-purpose building to contain them as Chapel
originally said they would. (This does not effect playground areas.)
2. Find another appropriate venue for football games or redraft field plans to a site
near the street area adjacent to Sunrise Way or closer to the wide-open Tahquitz
Creek area and away from our phases' residences.
3. Use the public address system only for emergency services. Directing speakers away
from residences has little, if any, affect and is unenforceable.
4. Provide security of the whole school area 24/7.
We would also request a contact for Mesquite residents to report incidents so the City
can get a feel for how many violations occur at or near this field on a regular basis.
We respectfully appreciate your time, attention, and interest in rectifying these
disturbing developments of Desert Chapel.
arleen Grummett
Rog rummett
Copies to: Mayor Ron Odom
Alex P. Meyerhoff, Principal Planner, Dept. of Planning& Zoning,
Douglas R. Evans, Director of Planning and Zoning,
City of Palm Springs
\Q
Monday, January 12, 2004 5;08 PM Rohert E, Pailthorp 17603203203 p 02
To: Mayor and City(,cunciiors O
City of Palm Springs tt JAN 1 22004
Subject: Case No. 5,935-PD-59 '
Desert Chapel application to amend PDD 59 t. CCERIED
Hearing date: January 21, 2004 nk`l
Dear Mayor and Councilors:
Once again we express our opposition to approval of the amendments to the Planned Development District 59. We
are one of the closest neighbors to the Chapel. Our past complaints about violations of the existing regulations and
our opposition to amendments are on record with the City Planner,
We ask the Council to consider what has and is transpiring. The Chapel has not complied with the existing City
standards for amplified sound,permitted events, or light glare. Now The Chapel is asking for approvals of the
events that have caused these violations. The Chapel leadership has repeatedly demonstrated their unwillingness or
inability to have their nrcxnbcrslup and omployeos comply with existing.City regulations, Instead,they violate the
current regulations and then ask the City to approve their activities. We as their neighbors are asked to be
understanding(to preserver), A recent and small example of insensitivity to neighbors is teachers using bull horns
during the day to direct student activities on the play ground, A bull horn is amplified sound and should not be
needed to be heard over the playful sounds of their students.
Past experience shows that the City does not have the ability to monitor or police the activities at the Chapel, We as
neighbors end up having to document violations and report them to the City. Based on past experience we have no
hope that anything will happen other than another request from the Chapel for approval of the activities that resulted
in the violations.
We ask the council to carefully review the proposed amendment. The Chapel representatives have presented the
justification for football games and other special activities. It is our hope that the number and type of special
activities be specified in detail. What is a football game? Last year ono of the"football games"included the
election and installation of the home coming queen. We heard all these activities as a result of the continual and
detailed coverage over a public address (amplified sound) system.
At present football played by an eight(9)man team on a small field. While this fits the current needs of a few male
students we wonder what will happen when girls and adult church members wish to use the current field or an
expanded field for other teams or other field sports. See tlteir current web site: httu'//w w w.descrtcl gel rs/dc_hs/
for their presentation of the activities at the Chapel.
We appreciate the Church members' interest in their youth. However,they have options for conducting these
activities in more appropriate settings if they cannot conduct them at this Bite without violating existing ordinances.
We suggest these amendments be set aside until the Chapel demonstrates their ability to comply with current City
regulations for noise and light glare.
Sincerely,
,Ro`lf ert&.Pailthorp
Doithea M.Pailthorp
Camino Parocela Unit 1�
Unit K-73 Phase 3 \ 1v
Mesquite HOA
http://www.desertchapel.org/dvh8/
City Council January 8, 2004
City of Palm Springs
C/o Office of the City Clerk
�X
Re: Case No. 5.935-PD-59
1320
Desert Chapel request to amend PD 59 c� J RECEIVED
ECE4VED
0
Dear Council Members:
I strongly object to that portion of the Desert Chapel application that would allow them to
conduct nighttime football games (or any other night time outdoor activities) on a special
events field. The noise of the extra traffic, the noise of the fans, the noise of the loud
speaker and the bright lights would absolutely ruin a currently bucolic evening setting.
I am a co-owner of a condominium at 2001 Camino Parocella, #G-44, which,
apparently, is within 400 feet of the proposed site. When I lived at Lake of the Pines in
Auburn, CA, in the mid-1990s, our home was more than 2,000 feet from a local high
school, at which nighttime football games were played. Sven from that far away, and
inside a well-insulated house, we were bothered by the sounds of the crowd and the loud
speaker announcing everything that was happening. It absolutely makes me shudder to
imagine how magnified the noise will be when we are only 400 feet away!
One of the reasons we bought into our unit in the Mesquite Country Club was its
location, overlooking a golf course and away from the hustle, bustle and noise of other
Palm Springs locations. I cannot attend the public hearing on January 21, 2004, so I
guess it is up to you to help us retain our ability to enjoy our condominium all year long,
but, especially during lovely fall weekend evenings, when the views from our balcony are
quite majestic.
I implore you to disapprove any nighttime outdoor events, and if that means disapproving
the construction of the special events area entirely, then so be it.
Sincerely,
M. Wayne Thush(502 561 044)
4400 Hollingsworth Court
Rohnert Park, CA 94928
707-586-8321
Fax 707-586-9331
wayneandnancyt@prodigy.net �� ��
Tuesday, January 27, 2004 4:06 PM Robert E. Pailthorp 15417658902 p.01
Attention: Patricia sanders Date: 1/27/2004
Company: City of Palm springs Number of Pages: 3
Fax Number: 17603228332
Voice Number:
From: Robert E. Pailthorp
Company:
Fax Number: 15417G58902
Voice Number: 15417652483
Subject: Desert Chapel
Comments:
Patricia Sanders;
Please distribute the attached letter to the council members and Mr
Evans.
Thanks for your help.
Bob Pailthorp
104,
Tuesday, January 27, 2004 4:06 PM ROhert E. Pailthorp 15417658902
P.02
_...._.
�r
f
JAN 2 7 2004
January 26, 2UUY
°c
Mayor and City Councilors
Douglas R, Evans, Director of Planning and Zoning
City of Palm Springs
Subject; Case No. 5.935-PD-59
Desert Chapel application to amend PD�59
Our home is in Phase 3 of Mesquite Country Club. Our unit is the closest
and directly exposed to the Desert Chapel activity areas.
We want you to know that we do not agree with the position of the
Board of Directors of the Mesquite Country Chub and Home Owners
Association (MCCHOA). We understand their position is to accept football
games and special activities at the Chapel.
You may know that the MCCHOA consists of several separate
Phases, Only Phase 3 is adjacent to the Desert Chapel, At present there is
no Board member from Phase 3. The Board took their position without
contacting homeowncrs in Phase 3.
We believe the Board and their lawyer have principally focused their efforts
on trying to reach an agreement with the Desert Chapel for MCCHOA
vehicle access over the Desert Chapel property.
Desert Chapel has asked for approval of football games. Please
consider what may be considered part of a"football game". Does a
"football game" include, people and their transportation coming and going, a
play by play announcer on a PA system (at what sound level?), group cheers,
half time activities (bands, fireworks, etc,), air and/or electronic horns, home
coming queen selection and installation, practice sessions, etc.? We ask the
Council to consider the total range of activities that could be considered to
be part of a "football game",
It has been stated by Desert Chapel representatives that nine-man
football could not be played on other fields in the community because the
nine man field is small. We ask the Council to explore this statement. It
seems likely that with a few line changes a large held could be modified to
accommodate a game that requires a smaller field.
Rather that permitting specific Desert Chapel activities, we suggest
the City require Desert Chapel to comply with light glare, noise, amplified
sound, and other appropriate nuisance limits. This would allow the Chapel to
choose activities that would comply and/or conduct activities so that they
would comply. Otherwise it would seem necessary to go through hearings i1
for each now activity.
Tuesday, January 27, 2004 4.06 PM Robert E, Pailthorp 15417658902
p.03
The distance of the football field from our residence has become an
issue. The distance is easily determined. I wish to stress that the s ecial
events have not been held on the football field. They have been staged most
recently in the parking lot directly adjacent to our home, about 100 feet from
our patio, In addition to amplified sound the portable gas engine driven
lights were moved from the football field to light the special events area,
The north end of the football field is about 200 feet from our patio and the
center of the football field is about 350 feet froin our patio. These distances
have been scaled from an aerial photo of the site.
At the last hearing session the Mayor mentioned the need for trust.
Trust can exist between people. Our trust of the Desert Chapel was dashed
when we were assured by a senior Desert Chapel representative that they
had the necessary permits for an exceeding loud and flashy concertt on the
football field. There was never any apology for the event. Instead, Desert
Chapel members offered their statements of justification in the Desert Sun.
Trust takes time to develop and in this case mutual respect for neighbors and
appropriate actions to comply with existing regulations- - regulations that
represent the existing agreement of the community concerning the
appropriate use of property. We suggest that is the reason citizens have
chosen to give government the power to adopt rules/ordinances on which
people can rely to preserve the value of their community.
We are being asked to accept specific, although ill-defined, activities.
How can we tell the impact of an activity in advance? We believe .Desert
Chapel should be able to undertake any activity that is permitted by
regulation and ordinance. We also believe they should conduct their selected
activities such that our rights are protected to the same extent as other
similar residential areas within Palm Springs are protected by rules and
regulations. It is our hope that the City departments will be able to monitor
and regulate Desert Chapel activities for compliance.
Sincerely,
Robert and Dorthea Pailthorp
�p10
,-De C f
_.....____-__._.... ... ...__ NOV 2 5 2002
� 9
November 24, 2002 ---
R�4 �C ,i!iP„r,(r loArl j m
Mr. Frank Marshall, Administrator
Desert Chapel
630 Sunrise Way South
Palm Springs, Ca. 92264
Re: Case No. 5,0870 Desert Chapel/PD-59
Dear Mr. Marshall:
In the hope that Desert Chapel is attempting to be a little more sensitive to the concerns
from your neighbors regarding late evening noise emanating from church property, I
would like to bring to your attention some observances from this past Friday's football
game that took place on the evening of November 22nd.
The football game in the playing field, which consisted of evening lighting, sound
amplification and cheering crowds, came to a conclusion after 10:00 PM. After the game
concluded around 10:15 and crowds started to disperse, several of the attendees with their
families stayed on and walked over to the North side of SunnyDunes near the border fence
which is adjacent to our homes. As the families loitered in the parking area after the
game, a childs game of football began in the parking lot and lasted until 10:50 pm.
Around 10:55, the parking lot became quiet. At this time I heard the sound of a
motorcycle start up in the parking lot. I believe this motorcycle belongs to your
groundsman who was leaving for the night. He raced the motorcycle engine for five to
seven minutes in the parking lot before driving away.
It was 11:00 PM when it became quiet and I could then at least go to the bedroom and
attempt to fall asleep after five hours of what was just described above.
Sincerely, j )
Arthur MacMillan
2001 Camino Parocela K-77
Palm Springs, Ca. 92264
ccc: D�ouglas�R. Evans to- 1
iC ty`�oun embers
Mesquite HOA Association 9
\O
2 9 200,1 ea it
TO: Honorable Mayor Ron Oden�
Council Members Ginny Foat, Steve Pougnet ryty/
FROM: Karleen& Roger Grummett, Mesquite CC, Phase 3,
Building J, Unit 72
SUBJECT: Desert Chapel
DATE: January 29, 2004
It is our observation that you have been given an erroneous impression of where
Mesquite HOA stands regarding Desrt Chapel's football field. The following
documentation may help you better understand on what we base that opinion.
1) During an initial meeting with Mesquite HOA about Desert Chapel, City Principal
Planner Alex Meyerhoff said the option of having no football, or finding another
football venue, was "off the table." This information was relayed to me during a
meeting 1-26-04 with Mesquite HOA Manager Bobbie Gaffney.
Unfortunately, that decision wasn't questioned. As a result, the whole focus of Mesquite
Phase 3's concern, having a football field near our residences (built without permit),
was changed to deal only with the fallout, i.e. noise/lighting issues, which are largely
unenforceable.
2) Somewhere it's been assumed that an agreement was reached between Desert
Chapel and Mesquite HOA regarding the use of this field. I have been assured that
there has been no formal agreement, only discussion. There is no written agreement.
Mesquite HOA supports Phase Ts concerns.
3) Roger visited the planning department 1-26-04 to review Desert Chapel's
conditional use permit file in order to find a paper trail of amendments to the
original use permit. Neither he, nor the planner on duty, could find changes to the
original use permit other than what's being applied for at this date.
Such a finding leads us to wonder whether some of the development has proceeded
without proper permitting, such as the development of the football field, because it
appears changes to the site have been made without proper authorization or permitting.
4) Finally, we question why Planning Director Doug Evans withheld the Conditions of
Approval listing of 19 conditions dated 9-10-03 until seconds before the Jan. 21
hearing. In your packets, you were given a form with only 6 conditions.
`,0 ? 10%
As a result of the foregoing revelations, we respectfully and earnestly request that you
review the Mesquite/Desert Chapel file as soon as possible, and that it be done prior to
any discussions between Desert Chapel and Mesquite HOA.
We would also respectfully ask if you would
1. consider whether using this field for football or other special events is a proper use
of land since it was placed in the midst of a quiet neighborhood, and to also
2. consider what kind of precedent that sets.
Thank you for hearing our concerns. We invite you to visit Desert Chapel's football
field, walk across the footbridge near it to our buildings and see for yourselves how we
are impacted.
4geru;mmKee
tt
R
2001 Camino Parocela, J72
Palm Springs, CA 92264
320-6334
February 18, 2004
TO: Palm Springs City Council, Mayor Ron Oden, City of Palm Springs
RE: Desert Chapel Applications for Revisions to Master Plan Hearing
Regarding Special Events and Football
Case No. 5.935 —PD 59
I own and live in a unit at Mesquite's small Phase 3. My residence is just steps from Desert
Chapel's playing field, and I am directly impacted by the noise and lighting generated at Desert
Chapel.
I believe, at its very essence, the focus of discussion here centers on proper land use, and whether
allowing a special-events field and football in the midst of a quiet residential area is proper use
of land. With that in mind, I most earnestly and respectfully request that the City revisit Desert
Chapel's application for revisions to its Master Plan as it relates to football and expanded special
events by considering the following:
1)that Desert Chapel act in good faith by coordinating their schedule with Palm Springs
High School or another approved venue, at least for evening games. This is doable and in
fact is done so by other schools on a regular basis.
2)that the special events area to be located against the fence abutting our properties be
reconsidered, and that instead Desert Chapel hold special events inside the building they
originally erected for those purposes so as not to impact their neighbors.
3) and finally, that you consider what precedent the City of Palm Springs sets by locating
football and a proposed expanded special events area in an existing, quiet neighborhood.
Thank you.
Respectfully submitted,
Karleen Grummett
2001 Camino Parocela, J72
Palm Springs, CA 92264 320-6334
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Professional Engineers @ Lighting Consultants
1255 East Ramon Road, Palm Springs,CA. 92264 MRC ENGINEERING , INC .
Telephone:760.325.1045 Fax:760.325.3025
Office Locations: Palm Springs a Irvine
Transmittal by Fax
To: City of Palm Springs From: Ralph Raya v—
Doug Evans,Alex Meyerhoff � n .�
Mesquite HOA 323-3189 - — --1`-
Bobby Gaffney !j
Guralnick& Gilliland 568-3053
Marie Bochnewich FEB 1 8 2004
Desert Chapel 325-7048
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Frenlc Marshall
Subject; Desert Chapel Lighting Report Date: February 18, 2004
AfumberofPages: 4 C7ForReview OPleaseComment O Please Reply OUrgent
•Transmitted Itef-s:
Desert Chapel -Temporary Sports Lighting System Report
•Comments:
If you have any questions please contact me at 760-325-1045.
1255 East Ramon Road / Palm Springs, Ca. 92264 / Telephone: 760.325.1045 Fax: 760.325.3025
Office Locations: Palm Springs 8. Costa Mesa
www_air cen,g tine erin_g_com-
TO: Mayor Ron Oden and
Palm Springs City Council Members
Ginny Foat and Steve Pougnet
FROM: Deepwell Residents
DATE: February 18, 2004
RE: Desert Chapel Football and Special Events
On February 18, City Council will consider Desert Chapel's application to
add an events area for football and other special events.
Enclosed is our Report with Supporting Documents for your review.
In Summary, based on public policy, lack of need, and the precedent it will
set, we urge City Council to reject the application and send it back to the
Planning Department to find an alternative solution.
• Public Policy: Cities have public spaces and residential spaces.
Public policy dictates that sporting events and special events should
be confined to public spaces that have been historically used for them
because this is what the public expects.
• Lack of Need: Based on conversations with over 20 coaches for
Southern California's 8-man football leagues, it is apparent that the
City has been misled about the need for this football and special
events area.
• Precedent: Based on past precedent, City Council can reject any
project that creates disruptive levels of noise, lights and traffic in our
residential neighborhoods. If the City approves this project, the City
Attorney said it will set a precedent for others to do the same. It will
tie the City's hands in the future.
We plan to read the body of the Report at the February 18 public hearing. It
will take about twelve minutes and we would like to read it by several
people in tandem for continuity.
BC)
kP U�r `y` d
DEEPWELL RESIDENTS REPORT ON
DESERT CHAPEL FOOTBALL
AND SPECIAL EVENTS
Everyone supports football and special events for the children at Desert
Chapel. The only disagreement is the time and place for them.
City Council should reject the application and send it back to the Planning
Department to find an alternative solution because:
I. DEEPWELL AND NEIGHBORING COMMUNITIES have and will
continue to experience unacceptable disruptive levels of noise,
lights and traffic,
II. PUBLIC POLICY will be served,
III. The PRECEDENT set if the project is approved will tie the city's
hands in the future,
IV. THERE IS NO NEED FOR A NEW FIELD,
V. THE CITY HAS BEEN MISLED, and
VI. THE PLANNING COMMISSION did not have all the facts to
make an informed decision.
Page 2
I. DEEPWELL AND NEIGHBORING RESIDENTIAL COMMUNITIES
At the last public hearing, City Council asked the Planning Department to
meet with representatives from the neighborhoods. They called the
Deepwell Estates Neighborhood Organization to meet with them last week.
We advised them that Deepwell is not a mandatory home owners
association like Mesquite. Instead, it is a voluntary neighborhood
organization with 180 of the 350 Deepwell homes joining last year. And
membership is growing.
Our by-laws state: "...the group (is) organized for the purpose of acting on
a broad range of issues that are important to maintain and improve the
livability and quality of life within our neighborhood."
We have heard many complaints about this project from our neighbors,
except those connected to Desert Chapel.
At the last public hearing, three people from Deepwell spoke in favor of the
project. One speaker mentioned his affiliation with Desert Chapel, but the
other two didn't mention their kids went to school there or someone in the
family worked there.
The neighborhoods around Desert Chapel have and will continue to
experience unacceptable disruptive levels of noise, lights and traffic. This
can be only solved by moving football to an area that has been traditionally
used for this purpose.
You have not had an opportunity to hear from all the affected
neighborhoods around Desert Chapel because the Planning Department
said it sends out notices only to property owners within 400 feet, but this
type of noise travels much farther. They should have been notified so they
could voice their opinions too.
Page 3
II. PUBLIC POLICY
At the January 21 meeting, Councilwoman Foat asked about proper land
usage. This project is about proper land usage. Changes to land usage
should be made only in accordance with a master plan and not on a piece
meal basis.
Football
Cities have public spaces and residential spaces. Sporting events should
be confined to public spaces that have been historically used for them like
Palm Springs High and similar parks because this is what the public
expects.
When people buy next to stadiums, they expect to hear kids playing
outside. When they buy next to a church, they expect people to be inside
praying. When someone like Desert Chapel wants to change this pattern, it
disrupts the entire fabric of the City.
Special events
Special events should likewise be held at venues like the Convention
Center for similar reasons. Desert Chapel could also hold their events
indoors at their basketball stadium rather than outdoors where they disturb
their neighbors.
Page 4
III. PRECEDENT
The City Attorney said this project would set a precedent for others under
similar circumstances.
We asked attorney Dean Hansell to explain. He said, "Right now City
Council has a bright line it can point to. There are no exceptions to the rule.
In defending against another project, they can say we have never done
anything like this in a residential neighborhood and they have a very
defensible position. Once they make an exception, that exception changes
the burden from the applicant to the City to justify why that project is not
different." This is a slippery slope and it will be more difficult for the City in
the future. The City will be cracking open a door that many others may be
able to walk through.
Remember when the City allowed just a few two-story homes to be built in
Jasmine several years ago. We were told it was a minor exception that
would go no further to the city's long historical policy established by Ruth
Hardy of single story homes. Now we have a whole complex of two story
homes along I I I that belongs in La Quinta,
If City Council approves this project, none of our residential neighborhoods
will be safe from disruptive levels of noise, lights and traffic. It will spread
throughout our residential neighborhoods just as these two story homes are
now popping up around Palm Springs.
Page 5
IV, THERE IS NO NEED FOR A NEW FIELD
Report from the Planning Department
At the January 21 hearing, Councilman Pougnet asked the Director of
Planning whether alternative sites had been considered.
Doug Evans said they looked at Palm Springs High School. He said it
was easy enough to stripe the field, but there would be scheduling
conflicts and it was too difficult to bring in the temporary goal posts
needed to shorten the field to 80-yards. Other available fields posed
similar difficulties. He said Desert Chapel preferred a football field on
campus like other high schools, and since 8-man football doesn't
attract 1500 kids like a regular High School game, it would be a
temporary minor inconvenience to the neighborhood.
Councilman Pougnet next asked how many other schools had lighted
stadiums.
Doug Evans didn't know the answer and Desert Chapel never gave
one.
Southern California's 8-Man Football Leagues
We contacted the other schools in Southern California's 8-man football
leagues. The records for verification are in Exhibit 1.
Other schools use stadiums like Palm Springs High
We spoke to 20 coaches and every single one of them said it is common
for schools to play 8-man football in stadiums like Palm Springs High with
no difficulty. Temporary goal posts are not brought in. Instead, one goal line
is moved to the twenty for an 80 yard field, and only the goal post at the
other end of the field is used. Two-point conversions are the most common,
extra point kicks less so, and field goals are rare. But if a team facing the
wrong direction wants to kick a field goal, officials simply measure and
move the ball to the other end of the field.
Pacific Christian in Los Angeles has played at public high school stadiums
for the past 40 years without any problems according to their principal. Last
year, they played at Blair High School in Pasadena.
Page 6
Scheduling conflicts are easily resolved
If there is a scheduling conflict on Friday nights, we were told schools
switch to Saturday nights. Desert Chapel had only two conflicts last year
with Palm Springs High. Exhibit 2 is a comparison of last season's
schedules.
Other schools in the league play no night games
Desert Chapel could also play Saturday afternoon like other teams in its
league. Of the six teams in its league (the Metro League), only one school
played all Friday night games, two played about half at night and half in the
afternoon and two schools played every game in the afternoon with minor
exceptions. The sixth school didn't play last season. In Exhibit 3 are
schedules for last season and average high temperatures for Palm Springs
and other cities where the schools play.
Other available fields in the city could be used
Mr. Evans said other fields in the City are available but also pose difficult
problems.
The evidence is to the contrary. Some schools play on combined football
and baseball fields without any difficulty. Sleeves are buried in the ground.
Goal posts slide in and out and can be easily moved out of the way for
other sports. One coach said some schools use goal posts that can be
rolled out of the way. We found these on the Internet, Exhibit 4.
Comparison to other private high schools
Doug Evans said Desert Chapel wants a football field on campus like other
high schools.
But many private high schools don't have campus facilities. Instead they
play on modified fields like public high school stadiums. What Desert
Chapel wants may be typical of some public high schools, but what they
need is a modified field off campus like many other private high schools.
Page 7
Games attract more fans than reported
Doug Evans said the games would be a temporary minor inconvenience to
the neighborhood because 8-man football doesn't attract 1500 kids like a
public high school game.
We were told that because of the shorter field, 8-man football is a high
scoring, exciting game that is becoming very popular. One coach told us
that Joshua Springs in Yucca Valley attracts 3,000 fans from neighboring
communities.
Some private schools have moved to 11-man football
Some private schools have grown too big for 8-man football and are now
switching to 11-man football like Bakersfield Christian. Desert Chapel is
requesting more classrooms because the school is rapidly growing. So the
neighborhoods could end up hearing 3,000 cheering fans at 8-man football,
and eventually 11-man football complete with a marching band at Desert
Chapel.
Page 8
V. THE CITY HAS BEEN MISLED
The evidence suggests the Planning Department either didn't do their
homework or relied on Desert Chapel for answers as they did when the
Councilman asked how many schools had lighted stadiums.
Desert Chapel surely knew the answer, but they allowed City Council to be
misled, just as they misled the Planning Commission last September 10.
Look at the DVD of that meeting or see Exhibit 5. The Desert Chapel coach
said they could not legally use Palm Springs High under CIF rules because
if they shortened the field to 80 yards, they couldn't use both goal posts.
Planning Commissioner Dianne Marantz thought Desert Chapel could have
an arrangement with Palm Springs High, but said she now understood why
they could not, and voted for the project.
We spoke to the California Interscholastic Federation (CIF) for 8-man
football. They told us that CIF rules do allow a school to shorten a field to
80 yards and use only one goal post. The Planning Commission was
misled and this matter should be investigated by the City Attorney.
Desert Chapel has demonstrated a repeated pattern of misconduct. They
agreed with the city not to play football games on campus, but went ahead
anyway; agreed to comply with noise and lighting regulations, but haven't;
staged a rock concert without city permits and so on.
The Planning Department seems to keep looking the other way or actively
moving things along and this raises serious questions as to what exactly is
going on.
At last Tuesday's planning meeting, Mesquite Country Club said they were
told by the Planning Department that football games were going to happen
at Desert Chapel. Given no alternative, they discussed terms for the games
but said they still opposed them.
After that meeting, Mesquite Director Bloom said he didn't see why they
couldn't play elsewhere. We understand Desert Chapel met with Mesquite
afterwards. Last Friday, Mr. Bloom told me they would accept football
because they had problems bigger than football to solve at Desert Chapel.
He said Desert Chapel was going to build a golf cart bridge for them to
solve the insurance problem. But Mesquite's newsletter this week states
only that Desert Chapel is "considering" the new bridge. This raises a
Page 9
question. Did Mr. Bloom mean Desert Chapel was going to build the bridge
in return for football on campus?
The question is pertinent because we have heard through the grapevine
that Desert Chapel told the owner of Ramon Trailer Park that they would
pay for a wall he is required to build in return for his support for the project
across the street.
Others supporting this project may also be withholding information needed
to evaluate their support, as it appears Desert Chapel will stop at no
lengths to orchestrate a charade on this city, so please be aware.
The Planning Department just released its 131 page report today and
recommends approval of an entire package of classrooms, nursery,
administrative buildings and night time football.
The staff report of last Tuesday's meeting says "Another position voiced at
the meeting was that the approval of the application should be granted,"
They failed to mention that only Desert Chapel voiced that opinion. The
staff recommends we monitor Desert Chapel's compliance over the next six
months. This is a sham since there will be no games or events to monitor.
There was a no time to discuss classrooms, a nursery and administrative
buildings in the hour long meeting last week. We have grave concerns
about the City being misled on these too, knowing how badly it has been
misled on football.
Page 10
VI. CONCLUSION
Because of the pattern of misconduct by Desert Chapel and questionable
conduct by the planning department, this package should be rejected in its
entirety until a new independent and unbiased Planning Director is found.
Regarding the football and events area, the Planning Commission was
clearly misled and did not have all the facts to make an informed
recommendation, so this portion must be rejected and sent back to find
alternative solutions.
We have been asked to deliver over 300 letters from residents in
communities surrounding Desert Chapel who are concerned about the
noise, lights and traffic. They are asking City Council to send this
application back to the Planning Department to find a more suitable
location for football and special events.
These letters include over 170 from Deepwell. The rest are from Mesquite
Country Club, Sunrise Villas, Sunshine Villas and Mesquite Canyon
Estates. The folks in Sunrise, Sunshine and Canyon were surprised and
upset to learn of the project. They had never been notified even though
they live in close proximity of the noise and lights. This is not right. City
Council cannot ignore them as the Planning Department has been able to.
Our City has a reputation of being business unfriendly because of the
perceived abuses of the system under the previous administration. We
urge City Council to act responsibly in order to restore trust back in this
City's institutions.
Please send this entire package, not just football and special events, back
to a reorganized Planning Department under new leadership for a more
rigorous review.
Thank you.
Page 11
EXHIBITS
1 . Summary of Conversations with other schools in
Southern California 8-Man Football Leagues
2. Comparison of Desert Chapel and Palm Springs
High School schedules last season
3. - Metro League night and afternoon game
schedules
- Average Temperatures
4. Goal Posts on the Internet
5. Statements at the Planning Commission Meeting,
September 119 2003
6. Mesquite Newsletter
Draft 2110/04
EXHIBIT 1
Summary of Conversations
The California Interscholastic Federation of
Southern Section 8-Man Football Leagues
Agape Four Corners Hi-Lo
Coast Valley Harbor Metro
Express Heritage Omega
Agape League
8-Man Leagues
Bermuda Dunes Desert Christian
Joshua Springs
Victor Valley Christian
Hesperia Christian
Antelope Valley Christian
Bethel Christian
Bermuda Dunes Desert Christian
Head Coach: Peter Gordon
Mascot;Conquerors
School Colors:royal bluelgold
School Map
40-700 Yucca Lane
Bermuda Dunes, CA 92201
Phone, (760)346-2848
Fax- (760)345-8173
1/30/04 A.D. Don Curtsey not available. Will try again later.
Joshua Springs
Head Coach: JoshuaSprings KingThunder/Lightning
Mascot: Lightning
School Colors: purple/gold/white
School Map 57373 Joshua Lane
Yucca Valley, CA 92284
Phone: (760)365-3699
Fax: (760)369-0315
1/30/04 Left voice message.
See comments of Coach Guy Wilson at Liberty Christian regarding Joshua Springs.
Victor Valley Christian
Head Coach: VictorValleyChristian Royals
Mascot: Royals
School Colors: purple/gold/white
School Map 15260 Nisqualli Road
Victorville, CA 92392
Phone: (760)241-8827
Fax, (760)243-0654
1/30/04 Left message for Coach Obie Galindo
Hesperia Christian
Head Coach: Dave Booth
Mascot: Patriots
School Colors: red/whitelblue
School Map 16775 Olive Street
Hesperia, CA 92345
Phone: (760)244-6164
Fax: (760)244-9756
1/30/04 Coach Dave Booth. Call back after 1145 today
1/30/04 11:55 a.m. Coach Booth. A team can play on a regulation size field. Schools
don't have to have their own field. Only impediment would be having a working relation
with a high school or park In 20 years as coaching he hasn't see this as a problem. For
example, Bloomington Christian plays at Bloonngton High or Colton High They
modify the fields with bright yellow vinyl stripes on the side and bring in the goal line.
They have been playing for 30 years and have their own multipurpose field. They have a
local tractor that was donated to remove the goal posts. There goal posts are heavy so
they need a tractor. When he started there, they didn't have sleeves to slide in goal posts
in and out. Now they do and they are looking at installing them to make it easier.
They have played on fields without goal posts. Schools go for the two points and don't
kick extra point or field goals.
Antelope Valley Christian
Head Coach: AntelopeValleyChristian Eagles
Mascot: Eagles
School Colors:silver/black/white
School Map 3700 West Avenue L
Lancaster, CA 93536
Phone: (661)943-0044
Fax. (661)943-6774
1/30/04 Coach Ligens. Left voice message
Bethel Christian
Head Coach:James Vondra, BethelChristian Eagles
Mascot: Eagles
School Colors: royal blue/royal blue 3100 West Avenue K
Lancaster, CA 93536
Phone: 661-943-2224
Fax, 661-943-6574
1/30/04 Athletic Director James Vondra. Left voice mail
Coast Valley Leaclue
8-Man Leagues
Mission Prep Bakersfield Christian
Santa Maria Valley Christian
Cuyama Valley
Laguna Blanca
Shandon
Mission Prep
Head Coach: Joe Silviera
Mascot: Royals
School Colors: blue/gold
School Map 682 Palm Street
San Luis Obispo, CA 93401
Phone: 8051543-2131
Fax: 805/543-4359
1/27/04 Athletic Director Tom Mott. Left message.
Mr. Mott left his cell phone number 805/704-1132
Exhibit 1 2
1/30/04 They have a multipurpose field which they use to play 8 man football, soccer and
baseball. But it is pretty common for schools to modify an 11 man field. Difficult to hear
him because he was at practice.
Bakersfield Christian
Head Coach: Dan Thiessen, Gary Piron
Mascot: Eagles
School Colors: blue/gold
School Mao 12775 Stockdale Highway
Bakersfield , CA 93312
Phone: 661-410-7000
Fax: 661-410-7007
1/27/04 Coach Thiessen said playing 80 yard football on a 100 yard field is a common
problem that is easily remedied. The goal lines are set at the 10 yard line. If the school
wants to kick a field goal, they measure and move them. The field is 40 yards wide so
they usually stripe the field on the visitors side as out of bounds. Schools that have 100
yard fields have been accomodating in striping the fields. He said he hasn't seen any
problems.
They are building a 100 yard field so that they can play 80 yard football now and go to 11
man 100 yard football later.
Santa Maria Valley Christian
Head Coach: Stan Bickley
Mascot: Lions
School Colors: blue/gold 2970 Santa Maria Way
Santa Maria, CA 93455
Phone- 805-937-6317
Fax: 805-934-2563
1/27/04 Didn't reach
1/30/04 Coach Stan Bickley cell phone number 805-310-1194
They play on a field with stadium seating. They use it for 8 man football and softball.
When they play softball, they take out the goal posts. Not difficult. They play teams who
use regulation size fields. One side line is moved in. Kick field goals on one side. Just
convert regulation size field. Not hard to do.
Cuyama Valley
Head Coach: CuyamaValley Bears
Mascot: Bears
School Colors:columbia blue/black
School Map 4500 Highway 166
New Cuyama, CA 93254
Phone: (661)766-2293
Fax: (661)766-2593
1/27/04Coach Bif Charlton. Lots of schools play 8 man football on a 100 yard field. They
just adjust the field. Not difficult as per other comments. Schools who build 80 yard
fields usually set them up so they can go to 11 man 100 yard football later.
Suggested 1 talk to Ray Clifton who is the secretary of the 8 man football conference in
southern California. Call back for number
Laguna Blanca
Exhibit 1 3
Head Coach: LagunaBlanca Owls
Mascot:Owls
School Colors:white
School Map 4125 Paloma Drive
Santa Barbara, CA 93110
Phone: (805)687-2461
Fax: (805)682-2553
1/30/04 A.D. Joel Groberg. Left voice message
1/30/04 Returned call, They have their own field. They didn't have any problem when
they had to use other schools regulation size fields. Schools are a lot more cooperative
than you would think
He has seen schools use light weight PVC goal posts or they have wheeled out goal posts
for games. And then they need to line the fields. Recommended I talk to Pat Moyal at
Viewpoint. They don't have their own field and play at the local college field. They have
solved the problems of modifying a field. (I have already spoken to him and he has
confirmed they have no problem modifying a regulation size field).
Express League
8-Man Leagues
Southlands Christian
Liberty Christian(Huntington Beach)
New Life Christian (Fontana)
St. Michael's Prep
Eastslde Chrstian
Southlands Christian
Head Coach: Sam Sybesma
Mascot: Eagles
School Colors: gold/navy
School Map 1920S.BreaCanyonCutoffRd
Walnut, CA 91789-3499
Phone, (909)598-1964
Fax. (909)468-9943
1/27/04 Call back for A.D. Dan Raney after 9 a.in
1/29/04 Left message on his answering machine
2/02/04 He returned call and left message. He can be reached at ext 307
Liberty Christian (Huntington Beach)
Head Coach: Guy Wilson
Mascot: Minutemen
School Colors: red/white/blue
School Map 7661 Warner Avenue
Huntington Beach, CA 92647
Phone: (714)842-5992
Fax: (714)848-7484
1/27/04 Guy Wilson. Telephone: 714-842-5992. Same information. They haven't kicked
a field goal since he has been coach and most schools don't because they are smaller
teams. But it isn't a problem if a school wants to. He thinks it is about 50/50 between
schools who play on 80 yard fields and those that convert 100 yard fields to 80 yard ones.
Very few schools that have 80 yard fields have a stadium. Most of the 80 yard fields
aren't permanent.
He said that Joshua Springs does have in 80 yard field with a stadium and now they have
3,000 attendants at the game. The game has become so popular that they play on
Exhibit 1 4
Saturday night so they won't conflict with Friday night football at the public high
schools.
New Life Christian (Fontana)
Head Coach:AmbassadorChristian Dawgs
Mascot: Dawgs
School Colors:scarlet/silver
School Map 8405 Maple Avenue
8405 Maple Avenue
Fontana, CA 92335
Phone: (909)357-2001
Fax: (909)356-9894
1/27/04 Call back and ask for Mr Payan between noon and 1 pm
St. Michael's Prep
Head Coach: Ryan Dowhower
Mascot: Pioneers
School Colors:white/blue/gold
School Map 19292 El Toro Road
Silverado, CA 92676-9710
Phone: (949)858-0222X237
Fax: (949)858-7365
1/27/04 Left message for Athletic Director Father Jordan Anderson
Message returned and left by Coach Ryan. He is at extension 266.
1/30/04 Coach Ryan. They play on a regulation size field which they make shorter. They
have portable fabric for the side lines which they roll out. They haven't experienced any
difficulties.
Eastside Christian
Head Coach: Ken Diebold
Mascot: Eagles
School Colors: green/black/white
School Map 2505 Yorba Linda Blvd.
Fullerton, CA 92831
Phone: (714)879-2187
Fax: (714)526-5074
1/27/04 No answer
1/29/04 Left message for A.D. Daniel Wasik
Four Corners League
8-Man Leagues
Avalon
Kings Christian
Masada
Bloomington Christian
Avalon
Head Coach: Avalon Lancers
Mascot: Lancers
School Colors: blue/gold
School Map 200 Falls Canyon Road
Avalon, CA 90704
Phone: (310)510-0790
Fax: (310)510-2986
Exhibit 1 5
1/27/04 Athletic Director Patti Engel. They have an 80 yard field. It does not have a
stadium. They just mark off a field 80 x 40. It is not common to have an 80 yard field
with a stadium.
Kings Christian
Head Coach: Martin Lott
Mascot: Crusaders
School Colors: maroon/gold
School Mao 900 Fast D Street
Lemoore, CA 93245
Phone. 559/924-8301
Fax: 559/924-0507
1/27/04 Call back in morning
1/30/04 A.D. Andrea Lott. It is permissible to use a 100 x 50 yard field. She has seen
them either mark off lines or roll out stake lines. Take 50 yards to 40 on sidelines. Move
up end zones. They had an 11 man football field that they converted to an 8 man football
field by moving the goal posts. They used very heavy goal posts because they were in a
hurry but realized this wasn't a good idea. They plan to make changes this so they can
still accommodate 11 man football. They will use two sets of sleeves that the goal posts
slide in and out so they can move goal posts back and forth from 80 yard to 100 yards.
There are lighter goal posts that are easier to move
They started off with lawn chairs. Attendance has continued to grow. They built a
stadium for about 1,000. Games are often packed with people still bringing in lawn
chairs.
Some schools don't have lights. Not an impediment. Can play Saturday afternoons. Lots
of schools go to High Schools with 11 man fields to play on Saturday nights or Friday
nights if the local high school isn't using their field.
Masada
Head Coach: Eddie Collins
Mascot: Knights
School Colors: maroon/gray
School Map
130 West Victoria Street
Gardena, CA 90248
Phone: (310)217-1611
Fax: (310)217-1889
1/27/04 Answering machine. Left message
Bloomington Christian
Head Coach: Mike Dennis
Mascot: Ravens
School Colors: black/gold
School Map 955 S. Bloomington Ave
P.O. Box 355-Bloomington, CA 92316
Rialto, CA 92376
Phone: (909)877-1239
Fax: (909)873-4173
1/27/04 Athletic Director Robert Hendricks can be reached in the mornings
1/30/04 Left message on voice mail.
Exhibit 1 6
Harbor Leaque
8-Man Leagues
Lighthouse Christian Academy Price, Frederick
Rolling Hills Prep(Palos Verdes Estates)
South Bav Lutheran (Inglewood)
Lighthouse Christian Academy
Head Coach: George Neos
Mascot: Saints
School Colors: gold
School Map 1220 20th Street
Santa Monica, CA 90404
Phone: (310)829-1741
Fax: (310)829-1743
1/27/04 Coach returns Monday Feb 2
Price, Frederick
Head Coach: Michael Jackson
Mascot: Knights
School Colors: royal blue/white
School Map 7901 South Vermont Avenue
Los Angeles, CA 00044
Phone: (323)565-4199
Fax: (323)753-6770
1/27/04 Coach Michael Jackson
They play on a regulation size field that they mark down to 80 x 40 yards. Sarre
information as other coaches on how to. No problems.
Rolling Hills Prep (Palos Verdes Estates)
Head Coach: Ron Edmonson
Mascot: Huskies
School Colors: navylgray/white
School Map 300 A Pasec Del Mar
Palos Verdes Estates, CA 90274
Phone: (310)791-1101
Fax: (310)373-4931
1/27/04 Call back and ask for A.D. Brian Egan
1/29/04 Left message on his answering machine
South Bay Lutheran (Inglewood)
Head Coach: South BayLutheran Waves
Mascot:Waves
School Colors: royal blue
School Map 3600 West Imperial Highway
Inglewood, CA 90303
Phone: (310)672-1101
Fax: (310)672-1115
1129/04 Coach Darell Gowens said many schools modify a regulation size field. They
bring back one side to the twenty yard goal line. Extra point, move up, field goal same.
Don't need to bring in another goal post. They play on an 80 yard field off campus on a
field that has been marked out.
Exhibit 1 7
Many colleges have gone to 8 man football for endurance. They modify their 100 yard
fields to 80 yards.
Heritage League
8-Man Leagues
Santa Clarita Christian
Faith Baptist
Viewpoint
Thacher
Vlllanova Prep
Los Angeles Lutheran
Pilgrim
Windward
Santa Clarita Christian
Head Coach: Garrick Moss
Mascot: Cardinals
School Colors:red/white/black
School Map 27249 Luther Drive
Canyon Country, CA 91351
Phone: (661)252-7371
Fax: (661)252-4354
1/29104 Call back in morning
1/30/04 Left voice message for Mr. Moss
Faith Baptist
Head Coach: FaithBaptist Contenders
Mascot: Contenders
School Colors:scarlet/white
School Map 7644 Fanalone Avenue
Canoga Park, CA 91304
Phone: (818)340-6131
Fax (818)592-0279
1/29/04 A.D. Greg Weis. Left message on answering machine
Viewpoint
Head Coach: Derek McIntyre
Mascot: Patriots
School Colors: red/white/navy
School Map 23620 Mulholland Highway
Calabasas, CA 91302
Phone: (818)340-2901
Fax: (818)591-1016
1/29/04 A.D. Patrick Moyal. Cell phone 818 653-6209
No problems with 100 yard field. Schools chalk a line 10 yards in from side line to make
it 40 yards wide. Move in goal lines. They play on a regulation 11 man 100 yard football
field and make adjustments.
Thacher
Head Coach: Jeff Hooper
Mascot:Toads
School Colors: green/orange
School Mao 5025 Thacher Road
Exhibit 1 8
Ojai, CA 93023
Phone: (805)646-4377
Fax: (805)646-9490
Coach Richard Mazoli. They have their own 80 yard field. It is not a stadium. They do
not plan to go to 1 I man football.
They use their field to play football, soccer and other sports. They have goal posts that
are removable. They are simple to put in for football and take out for other sports like
soccer and others. Schools that play on regulation size fields use many different ways to
modify the field. Some leave one end zone the same and move the other to the twenty
yard line. No problems kicking or going for two points.
Villanova Prep
Head Coach: Villanova Prep Wildcats
Mascot:Wildcats
School Colors: navy/gray
School Map 12096 N. Ventura Avenue
Ojai, CA 93023-3909
Phone: (805)646-1464
Fax: (805)646-4430
1/29/04 Coach John Muller is in assembly. Left message on voice mail.
Los Angeles Lutheran
Head Coach: Ernest Azpeitia
Mascot: Lions
School Colors:white
School Map 13570 Eldridge Avenue
Sylmar, CA 91342
Phone: (818)362-5861
Fax: (818)367-0043
1/29/04 A.D. Mike Gummult. Told secretary I would call back
Pilgrim
Head Coach: Pilgrim Patriots
Mascot: Patriots
School Colors: scarlet/white
School Map 540 S. Commonwealth Ave.
Los Angeles, CA 90020
Phone: (213)385-7351
Fax: (213)386-7264
1/29/04 Couch Mike Sarasian. They play at a local high school stadium with lights and
score board. They move the side line in 10 yards by either using chalk or cones. Don't
move the goal posts. Just move one in. It is a non issue. In his league of 8 schools, 4
schools play on an 80 yard field and 4 play on a regulation size field that they modify.
Windward
Head Coach: Windward Wildcats
Mascot:Wildcats
School Colors: royal blue/white/gray
School Map 11350 Palms Blvd.
Los Angeles, CA 90066
Phone: (310)391-7127
Fax: (310)397-5655
Exhibit 1 9
1/29/04 Coach Scott Napier. Teams on regulation field move side lines in. Don't move
goal posts. Use one end zone the same and move other one in. To kick a field goal, they
go to one of the end zones. He said some schools like Viewpoint who play on a high
school field move their games to Saturday night so as not conflict with the high school's
schedule. He said if a school wanted to use removable goal posts, it would be simple. He
said they remove their goal posts every summer and it is not a big deal.
Hi-Lo Leaque
6-Man Leagues
Trona
Big Pine
Baker Valley
Immanuel Christian
Owens Valley
Lee Vining
Trona
Head Coach: Trona Tornadoes
Mascot:Tornadoes
School Colors: royal blue/white
School Map 83600 Trona Road
Trona, CA 93562
Phone: (760)372-2861
Fax: (760)372-4534
1/29/04 A.D. Kent Schmidt. Left message on voice mail
1/30/04 He returned call and left message. Home phone 760-384-4286.
Big Pine
Head Coach: David Bay
Mascot:Warriors
School Colors: green/gold
School Map 500 South Main Street
Big Pine, CA 93513
Phone: (760)938-2222
Fax: (760)938-2310
1/29/04 A.D. Bob Church. Easy to convert a regulation size field to an 80 yard field.
Regulation field is 100 yards so they move end zones to 10 yard lines. They chalk in each
side of field 5 yards. They move the ball for PAT.
They converted their 11 man field to an 8 man field about twenty years ago by just
moving the goal posts in. They don't play 11 man football any more. But some schools
that have both 8 man and 11 man football use movable goal posts with no problem,
Baker Valley
Head Coach: BakerValley Braves
Mascot: Braves
School Colors: red/gold/white
School Map 2 Schoolhouse Rd.
Baker, CA 92309
Phone, (760)733-4567
Fax. (760)733-4605
1/29/04 Hours are 7:30 am-1:30 pm
1/10/04 Coach Robert Mc Grue is in class. Best to reach him around 11:09— 11:59 next
week. Today he has a game at 11.
Exhibit 1 10
Immanuel Christian
Head Coach: Brett Marsh
Mascot:Crusaders
School Colors: royal blue/red/white
School Map 201 Graaf Street
Ridgecrest, CA93555
Phone: (760)446-6114
Fax: (760)446-7035
1/29/04 Line busy.
1/30/04 Not available.
Pete Spargo is the athletic director
Owens Vallev
Head Coach: Owens Valley Cubs
Mascot: Cubs
School Colors: orange/black
School Map 202 South Clay Street
Independence, CA 93526
Phone (760)878-2405
Fax. (760)878-2626
1/29/04
A.D. Joe Stewart gone for the day. Also teaches, call during prep time 8:15 — 8:30
Lee Vining
Head Coach: LeeVining Tigers
Mascot:Tigers
School Colors: red/white/black
School Map 51710 Hwy. 395
Lee Vining, CA 93541
Phone: (760)647-6366
Fax (760)647-6696
1/10/04 AD is gone. Coach Bob McCullogh will be in about 330 ptn.
Returned call. They have an 80 yard field they plan on. There goal posts are cemented
and welded in place. Suggested I call Immanuel Christian in Ridgecrest. He said they
modify a field at the county park and would be better able to explain what they do.
Metro League
8-Man Leagues
California Lutheran
Riverside Christian
Desert Chapel
Upland Christian
Cornerstone Christian(Wildomar)
Redlands Calvary Chapel
California Lutheran
Head Coach: Dave Peter
Mascot: C-Hawks
School Colors: royal blue/white
School Map 31970 Central Avenue
P.O. Box1570
Wildomar, CA 92595
Phone: (909)678-7000
Fax: (909)678-0172
1/30/04 Voice mail. Operator not available
Exhibit I 11
Riverside Christian Cougars
Mascot: Cougars
Head Coach: David DeWoody
8-Man Leagues: Metro League
School: Sports Home, Map
3532 Monroe Street
Riverside, CA 92504
Phone: (909)687-0077
Fax. (909)687-3340
1/30/04 Try after lunch
2/02/04 Ext 104 Coach DeWoody was with a student and said to call back in ten minutes.
Called back and got voice mail and left message.
2/02/04 Coach returned call. Schools can play on 100 yard football fields. Usually move
one goal line to the twenty. Similar information as others.
Desert Chapel Eagles
Mascot: Eagles
Head Coach: DesertChapel Eagles
8-Man Leagues: Metro League
School: Sports Home, Map
630 South Sunrise Way
Pater Springs, CA 92264
Phone: (760)327-2772
Fax' (760)325-7048
Upland Christian Eagles
Mascot: Eagles
Head Coach: Mike McCall
8-Man Leagues: Metro League
School: Sports Home, Map
100 West Ninth Street
Upland, CA91786-5907
Phone: (909)920-5858
Fax: (909)920-5866
1/30/04 Athletic Director Mark Edgeman. Left voice message
2/02/04 AD Mark Edgeman. Quite a few schools do play on a 100 yard field. They put
side lines down with chalk, paint and even 2—3" vinyl strips that they roll out and nail
down. Push field to one end at the 20 yard line. Filed goals are kicked at one end. New
goal posts are not brought in. They just use the goal post at one end. They have an 80
yard field with bleachers for 500,
Cornerstone Christian Crusaders
Mascot: Crusaders
Head Coach:
8-Man Leagues: Metro League
School: Sports Home
34570 Monte Vista Drive
Wildomar, CA 92595
Phone: 909-674-9381
Fax' 909-674-8462
1/30/04 Coach Bob Reeves.
2/02/04 They have their own 80 x 40 field but other schools do play on 100 yard fields.
Most schools usually do two point conversions, but what a lot have done if there is an
extra point kicked, is to go down and use just one end of the field. Same with field goal.
Exhibit 1 12
If they want to kick a 32 yard field goal, they just measure and move the ball to the side
with the goal post. Works out pretty good. Don't need two goal posts. dust make
adjustments by shortening the field on one side by 20 yards.
Redlands Calvary Chapel Bears
Mascot: Bears
Head Coach: Calvary Chapel Bears
8-Man Leagues: Metro League
School: Sports Home, Map
9700 Alabama Street
Redlands, CA 92374
Phone: (909)793-3869
Fax' (909)335-1554
2/02/04 Left message with secretary of Athletic Director Doug Tyree
Omega League
8-Man Leagues
First Lutheran
Westmark
Trinity Lutheran
Ventura County Christian
Skyward Christian
Pacific Christian
First Lutheran Falcons
Mascot: Falcons
Head Coach:Alex Plascencia
8-Man Leagues: Omega League
School: Sports Home Map
13361 Glenoaks Blvd
Sylmar, CA 91342
Phone' (818)362-9223
Fax' (818)362-9713
1/30/04 No answer
Westmark Lions
Mascot: Lions
Head Coach:Westmark Lions
8-Man Leagues: Omega League
School: Sports Home Map
5461 Louise Avenue
Encino, CA 91316
Phone: (818)986-5045
Pax: (818)986-2605
1/30/04 A.D. Cart Stockton is giving finals. Left voice message
2/02/04 Coach Richard Zimmerman left voice message. 626-437-7149 or ext 702 at
school.
Trinity Lutheran Mustangs
Mascot: Mustangs
Head Coach: TrinitvLutheran Mustangs
8-Man Leagues: Omega League
School: Sports Home, Map
18425 Kittridge Street
Reseda, CA 91335-6138
Phone: (818)342-7855
Fax: (818)342-4491
Exhibit 1 13
1/30/04
Best to reach A.D. Michael Stilton just after 11 a.m.
Ventura County Christian Stars
Mascot: Stars
Head Coach: VenturaCountvChristian Stars
8-Man Leagues: Omega League
School: Sports Home Map
65 South MacMillian Avenue
Ventura, CA 93001
Phone: (805)641-0187
Fax: (805)641-0252
1/30/04 A.D. Joe Martinez. Best time to reach him is 8 — 8:50 a.m. Left message with
receptionist
2/02/04 He returned call left message with cell phone number 805-234-5707
Skyward Christian Saints
Mascot; Saints
Head Coach: SkvwardChristian Saints
8-Man Leagues: Omega League
School; Sports Home, Map
7747 Apperson Street
Tilunga, CA 91042
Phone. (818)353-5159
Fax: (818)353-5377
1/30/04
No school today so Mr. Lowe, principal and coach is not there. Left message with
receptionist.
Pacific Christian Panthers
Mascot: Panthers
Head Coach: PacificChristian Panthers
8-Man Leagues: Omega League
School: Sports Home, Map
625 Coleman Avenue
Los Angeles, CA 90042
Phone: (323)254-7161
Fax: (323)254-9121
1/10/04
Principal Dick Reisen. They stopped playing 8 man football this year after playing for 40
years on 100 yard high school football fields. Remarked field. No difficulty. Quite easy.
Last high school they played at was Blair High School in Pasadena. They were quite
helpful. Many high schools are willing to let schools use their field for free or for rent.
Exhibit 1 14
EXHIBIT 2:
Comparison of
Palm Springs High
And Desert Chapel's
Football Schedules
Last Season
DATE Palm Springs High Desert Chapel Conflicts
9/12/2003 AWAY HOME NO
9/1912003 HOME HOME YES
9/26/2003 HOME AWAY NO
10/3/2003 AWAY HOME NO
10/10/2003 HOME HOME YES
10/17/2003 HOME -------- NO
10/18/2003 -------- AWAY NO
10/24/2003 HOME -------- NO
10/25/2003 -------- HOME NO
10/31/2003 AWAY -------- NO
1111/2003 -------- AWAY NO
11/7/2003 AWAY HOME NO
11/14/2003 AWAY -------- NO
11/15/2003 -------- AWAY NO
11/21/2003 HOME -------- NO
11/22/2003 -------- AWAY NO
11/28/2003 AWAY -------- NO
Total 12 11 2
Palm
Springs
Indians
[k/���� TeunoRecurd: 18-2
��a��� ����r�n��s �n�0�ans �ugueRecu~ ; 6�
� �~
�— V �-- ! L P |L T P F PA �--Home Away ' Coo f.
�
----�- --�--�---' ------r�-- '�--� ------'-- ---'------- -- ----- 1
/ 10 | 2 U ! .833 � 450 ! 156 6'0'0 4^2'0 6'0^0 �
��-----�----��-__�_'- -- / �- '�- -� _ �- - ------ _ -__-�- `
Date Time Opponent Result
9/12/2003 7:00PM Map
9/18/2003 7:30PM K�ip VV 4}-}
3/20/2083 TBA K4xo \K/47-6
10/3/2003 TBA ^ Ka§l V\i2i-T
10/10/2003 7:30PM * Mau VV 26-3
10/17/2803 7:30PM ^ Map
10/24/2003 7:50PK1 Indio** Mau VV 48-8
10/31/2003 TBA " 80a& VV 35-21
11/7/2003 7:00PM \kV 27-17
11/14/2003 7:30PM * K8aQ \8/3K9-7
11/21/2003 7:3DPM Bloomington (pa|m springs)- CIF Division V||| Play-offs \8/4D-24�
11/28/2003 7:30PM - CIF Division V||| Second Round Mau L 80-3X5
Desert
Chapel
Eagles
VvenuUUTeanuRecord: 6-5
U�eser� ��� �a�e� ��a�Nes League Record:� 1-2
� ��
--��-- '-�-'--�- T-�--'---�
VV | L I T I Pct. ' PF 1 PA | Honoo | Away ' Conf. �
{ - -- ------ �^ ----- � -''' |-' - ^-' ----- � --- --`--- ' �-' '— |
0 | 5 i 0 �S45 � 404 i 344 1 4'2'0 2`8'0 � 1'2'0 |
owo Day Time Opponent Result
8/12/2003 F 7:00PK0 Peace In The Valley Map L1O'20
9/19/2003F7:88PM Warner Map VV55'8
p VV45'
9/20/2003 7�00PK0 K���
� 44
F VV42'
10/3/2003 3�SUP&0 K8�Q
� 21
10/10/2003F TBA K8a2 VV46~0
10/18/2003Go1:00PM ^= Nkao L 4}-}0
10/25/2003 8o 12-00 Riverside ^ Moo LO'3J
PM
11/1/200SSa7:O0PKAa-Viewgpoint (pmmsprings) L 3C2-71
Gu VY{��
11/7/2003 TBA "� Map~, 27
11/16/20038o TBA Q.Ventura County Christian - CIF Playoffs: First Round Mai) VVS4^0
Su - CIF-SS 8`&4un Football 2nURound 1�/22/2O0� 7�80P;� L14-18
EXHIBIT 3
METRO LEAGUE
SUMMARY OF DAYS PLAYED &
AVERAGE HIGH TEMPERATURES
Team Number Night Games Afternoon Games Play Offs
(In order of night Games (Excluding (Excluding (Night and
games played) Played Play Off Games) Play Off Games) Afternoon)
Cornerstone 8 7 1
Christian
Crusaders
Desert Chapel 11 5 4 2
Eagles
California Lutheran 12 4 3 3
C-Hawks
Riverside Christian 12 1 7 4
Cougars @ Cornerstone
Christian
Upland Christian 10 2 7 1
Eagles @ Desert Chapel
& Lone Pine
(another league)
Redlands Calvary 0 0 0 0
Overall Team Record: 2-6
Cornerstone Christian Crusaders League Record: 1-3
W ! L T Pct. PF PA Home Away Conf.
2 6 0 .. . - .250 122 327 2-2-0 0-4-0 1-3-0
Date Day Time Opponent Result
9/19/2003 F 7:00 PM St. Michael's Prep L 19-34
9/2612 0 0 3 F TBA Eastside Christian W 44-26
10/3/2003 F TBA a.Liahthouse Christian Academy Map L 0-52
10/10/2003 F TBA (d,)Desell Chapel Map L 0-46
10/17/2003 F TBA Riverside Christian** L 0L 046
1 0/2412 0 0 3 F TBA Indio Charter** W 59-22
11/3/2003 Mo TBA (See Notes) (U)Upland Christian F* Map L 0L 0 45
11/7/2003 F 7:00 PM (d)California Lutheran** Map L 0L 0 54
Desert
Chapel
Eagles
Cko�rullTean� Record: G-5
U�ese� � V�� Na�e� �_a��Nes LeagueReco�� 1�
� ��
--�-���------------------'----r- -�����---�---- --'-�����---' -
� VV L � T Pd. Home Away Cm)t
r'----- -- -'—`
9112C2003 F 7:00PY0 Peace In The Valley Mau L10'2C
9/19/2003 F 7:00P&V Warner 88a2 VV5S^8
8/26/2003 F 7:00PM Map VV46^44
18/3/2003 F 3:30PM Map VV42'21
10/10/2003 F TBA (See Note) Mar) VV48^D
10/18/2083 Oa 1:00PyM (a)California LutheraW^ Map L 40-86
10/25/2003 8u 12:00PM ^ Mai) L0'S%
11/1/2003 Ga 7:00PYW (a-Mhwpoint (Palm Springs)
71/7/2003 8aTBA(See Note) ~ K8ap VV{6}-25.
11/15/2003 Ga TBA(Se* (aWeritura County Christian - CIF P|ayoKx�� FintRuundK�ap VV548
Note)
'
11/22/2003 Su 7:30PM `- CIF-SS 8'Mxo Football 2ndRound Mao L14~10
**denotes 0'/nan leagues game
^denotes exhibition game
Notes:Cornerstone Christian plays night games, Upland Christian plays afternoon games, Playoffs
could be afternoon or night.
California
� Lutheran
^�� N_� �~ nvera|| TeammReoo�d� � �
��,���N ���N������ �_� � U[����N������ ��,"�0������������ League Record:� 4`0
' -�----^ -�----^-���---^ ^~-^[ --~-' ^^-----T'--- ~~�--T- ~--'-^~�~~- '-^- --~- ^ -
' VV / L T i Pct. . PF | PA Horne ! Away ! Conf.
! � / | |
' 0 | 3 0 | �5K} ' 510 278 � 6'2-0 i 3'1'0 i 4'0'0 �
_ �_-______ _ _ �� __ _ _ --_�- ___ _ __�_�____
om^ oo/ nm~ opP^vem neum
9/12/2003F 7:00P&Y La Jolla Country Day Map L0'0
9/20/2003 8a 1:30PIM K VV48�i� ~
26
0a VV4V
8/27/2003 7:0DP�� Map '
20
10/4/2003 8 a 7:00PM Antelope ValleV Christian Mal) \Ai58-
12
18/11/2003Sa 3:30P&4 (First Luo,e,m,) L 2Y}-3V}
10/10/2003uu 1:00PM Map VV{}6-
40
10/30/2003Th 12:00PWY Map VV I2-7
yW TDA (8e* VV38
11/3/2VD3 ° Map '
No!on\ --^' 21
11/7/2003 Y0 7:00PM ~ Map \Ai54-}
11/14/2008 F TBA (S** Joshua Springs~ CIF P|oyu��� FietRound 80a� VV40�
Nt ) �
o *�' Playoffs: __� � �Round ===` 26
11/21/2003F 7:30PM (d),Southlands Christian (Nogales High School)- CIF-SS G`ManFootball VVS0'
%ndRouod 20
11/29/2U08
8a 7�00 PMSanta Clarita Christian -` CIF-SS 0'WYao Large Division 8enoi�no|
� map � ���
��
Team Record:
1-1
Riverside Christian Cougars Overall
League Recod:137
W L T Pct. PF PA Home Away Conf.
11 1 0 .917 457 144 5-0-0 6-1-0 3-1-0
Date Day Time Opponent Result
9/13/2003 Sa 1:00 PM (cD.Indio Charter Map W 47-0
9/20/2003 Sa 1:00 PM Julian Map W 42-26
9/27/2003 Sa 1:00 PM Joshua Springs Map W 25-6
10/4/2003 Sa 1:00 PM (a Southlands Christian Map W 47-14
1 0/1 1120 03 Sa TBA (See Note) Upland Christian** Map W 47-0
10/17/2003 F TBA (See Note) @Cornerstone Christian (Wildomar)** W 48-0
10/25/2003 Sa 12:00 PM ADesert Chapel** Map W 33-0
11/3/2003 M TBA (See Note) aaCalifornia Lutheran* Map L 21-36
11/14/2003 F TBA (cDBermuda Dunes Desert Christian -- CIF Playoffs: First Round Map W 33-25
11/22/2003 Sa 1:00 PM a Faith Baptist-- CIF-SS 8-Man Football 2nd Round Map W 38-30
11/29/2003 Sa 1:00 PM Avalon -- CIF-SS 8-Man Large Division Semifinal Map W 28-7
12/6/2003 Sa TBA Santa Clarita Christian -- CIF-SS 8-Man Finals Map W 48-0
denotes 8-man leagues game
*denotes exhibition game
Notes: Cornerstone Christian plays nights. Upland Christian plays afternoons. California Lutheran
plays both. Riverside Christian plays afternoons. CIF Playoff could be afternoon or night.
Overall Team Record: 5-5
Upland Christian Eagles League Record: 1-3
W L T Pct. PF i PA Home Away Conf. I
5 5 0 i .500 322 312 5-0-0 0-5-0 1-3-0
Date Day Time Opponent Result
9/13/2003 Sa TBA Immanuel Christian Map W 48-6
9/20/2003 Sa TBA Indio Charter Map W 44-0
9/2 712 0 0 3 Sa TBA Peace In The Valley Map W 38-26
10/4/2003 Sa TBA St. Michael's Prep Map W 50-8
10/11/2003 Sa TBA (a)Riverside Christian** Map L 0L 0 47
10/17/2003 F 7:00 PM (?a Lone Pine L 57-58
10/30/2003 Th 12:00 PM (cDCalifornia Lutheran** Map L 7L 7 52
11/3/2003 M TBA Cornerstone Christian (Wildomar)*- Map W 45-0
11/7/2003 F TBA (a?Desert Charter"* Map L 27-60
11/15/2003 Sa TBA (a),Santa Clarita Christian -- CIF Playoffs: First Round Map LL 6-55
denotes 8-man leagues game
demotes exhibition game
**denotes 8-man leagues game
denotes exhibition game
Note: Games at Cornerstone Christian and Desert Chapel are assumed to be night games. Saturdays
are generally afternoon games.
Average Temperatures
Upland Christian (day games)
Average weather in Upland, California
Based on data reported by over 4,000 weather stations
i
Jan Feb Mar T Apr May Jun Jul Auk j Sep Oct Nov Dec
Average temp. (°F) 54.9 56.5 S7 2 60.8 64.5 69.2 " 74 2 74.7 72 8 66.8 59.6 55 0
High temperature(°F) 67 7 69 1 69.3 74 1 76 9 82 5 88 8 89 4 i 86 9 80 4 7� 3 68 4
Low temperature (°F) 41.9 43.8 45.1 47.5 52.1 55.8 59.5 60.0 58.6 53.1 45 9 41.5
Precipitation (in) 4.2 4.4 3.7 1 0.9 0.3 0.1 0.0 0.1 0.4 0.7 1.4 2.2
http://www.city-data.com/city/Upland-California.html
Riverside Christian (day games)
Average weather in Riverside, California
Based on data reported by over 4,000 weather stations
111
'� � � Jam' J��I�� T.
Dec
Average temp. (°F) 55. 56.9 58.5 62.7 67._ 73.2 ' 78.6 ` 79.5 76 0 68.7 60.0 55.2
High temperature(°F), 67 8 69.5 70.9 76.2 80.2 87.8 94.1 95.0 90.8 83.0 74.1 68.6
Low tem mature (°F) 42 7 44 46 1 49 2 54 -, 58 6 6� 2 64 0 ! 61 3 54 2 45 8 4L7
Precipitation (in) 2.3 2.3 2.1 0.6 0.2 0.1 0 0 0.2 F 0.2 F 0.3 0.7 : 1.1
http://www.city-data.com/city/Riverside-California.litrol
Desert Chapel
Average weather in Palm Springs, California
Based on data reported by over 4,000 weather stations
_.. .. . .�. .. ... .
Jan Feb Nlai A i Ma Jun Au Se>1
Jul Oct Nov Dec
Average temP" (°F 56 8 60.5 j 64.6 ; 7L1 78 0 86.1 j 91.4 90.8 85.3 75.4 63.5 563
) -
j High temperature(°F). 69.9 74.3 79.1 86.8 93.9 103.3 107 5 106.2 j 100.7 90.3 77.7 69.6
Low temperature(°F) 43.7 46 6 50.1 55 3 62.1 68.9 75 3 75 3 69.9 60.5 492 42 9
Precipitation (in) 1 4 1 3 0 8 0 1 0 1 0.1 0.2 0 4 i 0.4 0.1 0.4 0.7
littp://www.city-data.coin/city/Palm-Spriiigs-Califoniia.httnl
California Lutheran (some day games)
& Cornerstone Christian (night games)
Average weather in Wildomar, California
Based on data reported by over 4,000 weather stations
Jan Feb 1VIar Apr May Tun Till Aug { Sep Oct Nov ;i Dec
Average temp. (°F) 51.9 539 56.5 ! 6L2 66.8 73.4 79.2 79.8 75.4 67.1 57.5 SL8
High temperature (°F) 66 1 68 3 70 6 ; 77 2 I�82 6 91 4 98 0 98 2 j 92.8 83 9 73 4 67 0
50 9 55.2 60.3 61 3 57 9 50 2 41.5 J6 4
Low temperature F) i_ .. .. .. _...__ ,
Precipitation (in) 2.7 2.9 2.3 0.6 0.3 0.0 0.1 0.2 f 0.3 ! 0.3 0.8 i 1.4
Redlands Cavalry (no games last season)
Average weather in Redlands, California
Based on data reported by over 4,000 weather stations
� ..Jan Feb Mai, Ahi � May,,.., Jun 7ul T . Aug i .Sep , ,Oct Nov Dec
Average temp. (°F) 52.8 54.8 ; 56.5 61.2 65.9 72.2 78.0 78.4 74.6 66.8 58 5 53.1
Jj
High temperature(°F) 65.3 67.2 68.5 74.8 79.2 87.7 94.3 94 6 89.7 81.4 72.8 66.4
j Low temperature (°F) 40 4 42.4 44 4 47 5 : 52 5 56 7 61 5 62.1 59.4 52.3 44.2 ,9 8
Precipitation (in) 3.0 3.I 2 6 0.8 0 4 0.1 0 1 0.2 0.4 0.5 0.9 1 5
http://vnvw.city-data.com/city
EXHIBIT 4
Goal Posts
Several schools play 8-man football on combined football, baseball and soccer fields.
See the Semi-Permanent College Football Goal Post. The description says it "features
a removeable gooseneck from the ground sleeve for multiple use fields."
One coach (Laguna Blanca) said some schools use goal posts that can be rolled out of
the way. We found them on the Internet listed below.
FOOTBALL GOAL POSTS
$285.00 $350.00 $350.00
Recreational Football - High School Football - College Football Powerpost
Powerpost .',Powerpost
$1,730.00 $1,795.00 $2,300.00
RollawaV Collecle Football Goa Rollaway High School Footba Official College Football Goal
Post Goal Post Post
$2,350.00 '"$21650.00 ''$2,650.00
Official High School Football '" ,; College Combo Football Goal 1�1'.,, High School Combo Football
Goal Post 'E` -Post
r vex �k'�' !�' IIF,Goal Post
$2,251.85 $2,766.10 $2,865.60
Permanent High School Permanent College Football Semi-Permanent High School
Football Goal Post Goal Post Football Goal Post
$3,170.00 $3,544,35 $4,950.00
Combo Football Goal Post Semi-Permanent College High School Aluminum
_ Football Goal Post Gooseneck Football Goal Post
SHIPS FREE
$5,081.50
College Aluminum Gooseneck
Football Goal Post
www.football-equipment-guide.com/ catalog/buy/Football_Goal_Post
EXHIBIT 5
Statements at the September 11, 2003
Planning Commission Meeting
Planning Commission Meeting September 11, 2003
Commissioner Conrad:
She asked why games couldn't be played at 4:30 p.m. rather than 6:30 p.m.
Principal Planner Alex Mayerhoff:
He didn't know the answer to the question and asked Desert Chapel to answer.
Coach Gary Skinner spoke on behalf of Desert Chapel.
He said he had been a coach and teacher at Palm Springs High School for 30
years and the coach at Desert Chapel for the last two years. He said they moved
the games from 7:30 to 7:00 p.m. to accommodate the neighborhood. He said
this is varsity football and family and friends want to see the game so you can't
move them earlier, otherwise people wouldn't be able to see them.
He said they couldn't use Palm Springs High stadium because 8 man-
football is played on a shorter 80 yard field. TheV wouldn't be able to use
the goal post at one end of the field, so there was no way to play legally by
CIF rules.
Commissioner Marantz:
In voting for the project, she said she initially thought Desert Chapel could have
an arrangement with Palm Springs High to play football, but now she
understands why they cannot.
California Interscholastic Federation (CIF) Rules
CIF Southern Section
10932 Pine St.
Los Alamitos, CA 90720
Phone: 562.493.9500
2/09104: Conversation with Rob Wigod, Assistant Commissioner in charge of football for
the CIF Southern Section. He said:
Lots of schools don't have their own field and have to play on other fields.
They shorten the field to 80 Vards and just use the goal post at one end of
the field. This is allowed under CIF rules.
g1TSAN.D.PIEGS
Sevetal owners have'requested a price[o reseal their decks_ The company that applies the coating,advises against,
individual owners contracting with theta for deck sealing,due to the cost of having Gre work performed an iiidivid `
ual basis However,nerd month,the three year inspection is scheduled to'begin orralt decks. All tea ks 7d1neAe�d�to
be resealed at this three year juncture. Therefore,deck resealing is sche b6I t eeglong,W�icb is estimated to be
Y.tiatiph will coordinate this Prefect. However,dark owners Will
be respo
approxirnateiy$230.ni). Remember—owners may not seal ns
their own decks. The warranty would no longer be valid.
Now that the season is upon us,please be considerate of your neighbors. if you plan to store a vehicle at Mesquite,
we request that you NOT park in a prime parking spot. You should knowwho comes and goes in your,area and
which parking spots would be considered prime'- The parking areas closest to the units should be tett available for
fhose who access their units frequently throughout the year. Also, if you park a vehicle in covered parking and'you
rent your unit, your renter must park in an open spare. Your cooperation is most appreciated!
Once again.some safety reminders—dryer vents must be checked and cleaned out on a regular basis,especially.if you tent your unit. Packed lint in the vent hose is a major fire hazard. Also, remember that it is Your responsibility fa,
check your:air condifioner condensatlon drain line to make sure that it is not plugged so water can drain easily. If
water builds up in these lines,flooding will occur inside the unit_ Parking decals are required for owner vettides and
may be obtained from the HOA office or,if you make arrangements in advance,you may Pick them uP from,fit®
Property Attendants over the weekend. Temporary parking tags are required for questirenter vehicles.
During the season,trash dumpsters tend to fill quickly. Please use the dumpster closest to your unit. if it js full,
kindly take your trash to another dumpster with available space. Please do not overfill the dumpsters. The disposal
service will not empty them and it creates more work for the maintenance staff.
I?EtSERT CE:�iPE�+ . .
Although most owners in Phase III are all too familiar with this on-going saga,.those of you in the other phases may
not be. To fill you in....Approximately 3 years ago, Desert Chapel submitted a Master Plan to the City of Pat,,,
Springs to expand its church and school. Part of this plan required the vacating of Sunny Dunes Road,which is the
Assocation's only access to its maintenance yard. The Association was to be granted an easement through Desert
Chapel's parking lot and the church would indemnify the Association_ Mesquite was also to be added as an acidt-
tional insured on Desert Chapel's insurance policy to minimize the added risk and exposure which the Association; _
faced'by going through the church's parking lot. An easement has been recorded. However,the church has never
complied with the requirement to add the Association on its insurance policy. Now,Desert Chapel is considering
adtiing;an additional bridge next to the bridge on the bike path to accommodate the Association's golf carts and eiiml-
note,the need for.our maintenance personnel to use the parking lot. In the meantime,Desert Chapel has tailed to
comply with the conditions of approval which were part of its original expansion and the church is now seeking ap-
proval to expand again, including adding a nursery, additional buildings and permission to hold special events and
football games. Based upon Desert Chapel's track record and the city's lack of enforcement,the Board of Directors
is opposed to Desert Chapel's newest plans, During one of several meetings with Desert Chapel representatives and
City Planning Department staff, the Board was told that opposing the football games was not an option—Desert
Chapel would,,undoubtedly,be granted approval to hold football games. Therefore,alt we couid do was to try to im-
pose certain conditions which would minimize the games'impact on Mesquite owners. Our conditions were approved
by the Planning Commission and Special,Use'Permits were granted to Desert Chapel for this past season,pending
final approval of pesert Chapel's plan and associated conditions by the City Council Unfortunately,even with spe- „• ,,
cifir conditions in place,problems still persist due to Desert Chapel's non compliance and the Gity s non-_
enforcement. We will be holding additional meetings with Desert Chapel and the City to try to resolve.all rssues.,:T(t^,.,
City;Council has postponed its final decision on Desert Chapel's expansionlevents proposal until February;18thdo;
allow additional timofor the parties to meet again,to discuss the remaining problems. The new City GounctI alsaap
pears more'sympathetic to the Association'ss congems...Perhaps the issue of whether ar not Desert Chapel,�hould tie
Permitted to,hold football games dan,bere-addressed'• Whateverttle.outooine,the Board,of.Directors:wilI contlnudto
fightto,proteetihe•interestsofMesgUlteawner;Fanris.appreciative•ofthose:owner:3who.fia4s-isken.the'brnefo'write ,
"la tters and,contact the,Crty expressing their cdncems wdh Deserk Chapel s acbwt es
is a
Palm Springs City Council Meeting
February 18, 2004
• Don Schroeder
o Brief history of church and school
o Desert Chapel established in 1951
o Purchased Sunrise Way 1976
o Desert Chapel Christian School established in 1980
o Summary of negotiations and discussions
o Review of compliance
• Don Parshall
o School Enrollment Policy
o Community Involvement
• Marcia Dowler
o Property Values Up
• Gary Skinner
o Traffic Light
o Master Plan Changes
o Street Sign
o Desert Chapel sign
o Land Use
• Sean Wood
o Security
o Lighting — tests show city compliance
• Ted Jones
o Past Concerts
o Football games
o Football Schedule
o Noise —tests show city compliance
- '� to
Don Parshall
Issue: Desert Chapel School enrollment policy
a. 100% local conununity based (Approximately 400 students)
b. We do not discriminate based on race, color,
c. Students comprised of mix of denominations including Catholic, Presbyterian,
Episcopal, Foursquare, Jewish, Baptist, and many with no religious affiliation.
d. School is open to everyone.
Issue: Desert Chapel Community Involvement
Seasonal Activities include:
Thanksgiving Food Boxes
Christmas Gifts and Food Boxes
Harvest Party
Christmas Light Parade
Summer Vacation Bible Schools
Surmner Day Care Programs
Weekly Activities includes:
Grief Share
Divorce Recovery
Twelve Step — addictions
Financial Planning and Money Management
Blended Families
Food in Sunrise Park
Hospital and Nursing Home Visitation
Booth at Street Fair on Thursday to assist individuals with spiritual needs
and questions.
Daily and on-going activities include:
After School Day Care
Needs Assistance program where we were able to help over 200 individuals
last year with such items as gas, food, hotel, burs tickets, etc. to meet
immediate needs and concerns.
Pre and post marital Pastoral care for questions and guidance in marriage
issues.
Participate in FIND program 200-250 served per month.
Other areas of comununity service includes:
Counununity Blood Bank Drive
Polling Place for elections
Volunteer food service at Martha's Kitchen
Black History Month Float...and more......
Marcia Dowler
Issue: Property Values
a. Palm Springs is growing...real estate market is healthy and robust.
b. Average property value for 2 bedroom condo at MCC Phase 3 has increased
approximately 27% in the past 3 years. ***
c. Average "days on market" (DOM) for the past 3 years is 36.
d. Real estate market project to remain strong through at least 2004.
e. Many buyers are interested in location of good schools and places of worship.
** Source: Desert Area Multiple Listing Service
Gary Skinner
Issue: Traffic LiEht
a. City required Desert Chapel to pay for traffic study.
b. City required traffic light installation and required Desert Chapel to pay
significant portion.
c. Desert Chapel paid for Palm Springs police officer for traffic control.
Issue: Master Plan Chanj4es
a. The city changed their master plan, i.e. required Sunny Dunes easement,
abandoned easement, cancelled frontage road plan...all requiring Desert Chapel
to change accordingly.
b. Desert Chapel has grown and evolved to meet the needs of the community. The
city has grown, so have we.
Issue: Street Sign
a. The city chose to install this sign without input from Desert Chapel.
b. City gave up easement, did not want to maintain road and apparently wanted
sign to clarify changes.
Issue: Desert Chanel Sign
a. This sign is not located in the right of way.
b. City abandoned frontage road concept along Sunrise
Issue: Land Use
a. Closest elementary school is Cahuilla—surrounded by residential on all sides.
b. Closest high school is Palm Springs...surrounded by residential on three sides.
c. Schools valley wide are intentionally placed in residential neighborhoods, not
industrial parks.
Sean Wood
Issue: Security
a. Daily Security Guard
b. Special Events guard on property until 11:OOpm.
c. Rock climbing supervised Training event for college age adults (Brought up last
meeting) went until approximately 10:15pm. The entire staff and faculty at
Desert Chapel have been instructed to conclude activities by 10:00pm.
d. Installed security cameras. (Total of 5 including 1 low light camera facing NE
parking lot— this area closest to Mesquite Property)
e. Created position of Community Liaison. His cell phone number has been given
to the City, Mesquite HOA, and is available to any person that requests it.
Issue: U$!hting
a. Suggestions in summary.
I. Add glare shields, Desert Chapel will comply
2. Height of 30' light tower —Desert Chapel is complying and will
continue.
3. Angle of lights at Goal Lines —Desert Chapel is complying and
will continue.
4. Permanent taller lights — Desert Chapel would consider if City
Council is in agreement.
We will comply with the reports suggestions and aim all lighting toward the ground of
the playing field and continue to turn the lighting off immediately after the game or
I0:00pm whichever is the earliest.
Ted Jones
Issue: Past Concerts
a. Desert Chapel has never sponsored a concert.
b. One concert has held at Desert Chapel by a private party. Private Party was
planning to use Angel Stadium but reseeding was underway. We allowed them
to use our site with the condition that they receive proper permits. They did
not. We will not allow events like this again.
c. Easter concert last year was held at Palm Springs High School. Residents
mistakenly thought it was us.
Issue: Football Games
a. Changed start time from 7:30pm to 7:OOpm.
b. Change entrance to west side of property.
c. Closed NE Parking lot.
d. Fully complied with planning connnission and comintulity request.
Issue: Football Schedule
a. Host five regular season home games
b. Four additional games possible if we reach playoffs and win coin toss.
C. One contingency game for uncontrollable i.e. last seasons fire storm in San
Bernardino, Lance Arrowhead and Big Bear.
d. Other facilities unavailable (contacted Demuth Park, PSHS and Angel
Stadium.)
Issue• Noise
a. Tests show city ordinance compliance.
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DEBRAI. SCOTT
552 S. SUNRISE WAY, UNIT 928
PALM SPRINGS, CA 92264
February 17, 2004
Mayor of Palm Springs
Palm Springs City Council
Re: Desert Chapel
Honorable Mayor and Council:
I am a 42-year resident of Palm Springs and reside at the Sunflower Condominiums at the corner
of Sunrise Way and Ramon Road,just steps away from Desert Chapel. This letter is in support of
Desert Chapel's plan to enlarge its facility and to hold school football games and other functions
on its grounds.
I have lived in my condominium for several years and the functions at Desert Chapel have in no
way created noise or traffic problems in the area. As a matter of fact,the noise level from the
concerts and games at Smuise Park and the marching band at the Palm Springs High School
football games is a greater nuisance.
Desert Chapel has been and is an important part of this community for many years. For the City
to limit its ability to host its school football games and other functions would be an act of
prejudice against our religious community.
As a Jewish resident of this City, I respectfully request you allow Desert Chapel its right to hold
activities on its property.
Very truly yours,
DEBRAI. SCOTT
760/320-1219
Charlene Treatch
1251 Paseo De Marcia
Palm Springs, CA
Palm Springs Mayor and City Council
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
I have lived at the above address in the Deepwell area since 1985. It has been
brought to my attention that certain homeowners in Deepwell are opposing the
application of Desert Chapel and Desert Chapel Christian School to construct additional
buildings and have night football games. I have no opposition to additional buildings
at the Desert Chapel and Desert Chapel Christian School complex nor do I have any
objection to the school holding night football games.
I have never heard any noise which I would attribute to any function or football
game at Desert Chapel Christian School. Additionally,I consider the development of
Desert Chapel and Desert Chapel Christian School to be an improvement to the
property and beneficial to our neighborhood.
Yours very truly,
0,1"e 1��F�6e
Charlene Treatch
Rose Marie Travis
1160 S. Calle Rolph
Palm Springs, CA 92264
February 17, 2004
Palm Springs Mayor & City Council
Re: Desert Chapel/Desert Chapel Christian School
Dear Mayor& City Council:
I have lived in the Deepwell area for 30 years. My house is two blocks west of Sunrise and one
block south of Mesquite. I also owned and operated Rose Marie Beauty &Boutique, a beauty
supply business located in Smoketree Village, for 25 years. I have become aware that certain
homeowners in Deepwell are opposing applications by Desert Chapel to build a new building
and to have night football games.
I am in favor of the expansion of Desert Chapel and Desert Chapel Christian School and feel that
the students should have the opportunity to have as many night football games as they want. I
have never heard any noise from any of the football games or other events at Desert Chapel.
The development and expansion of Desert Chapel and Desert Chapel Christian School has been
an amazing improvement in our area. What was once an unsightly nursery that attracted bugs
and a driving range is now a well-developed project that is beneficial to our neighborhood. I
have always admired and respected the children and the people that attend or use the facility. I
ask the City Council to vote in favor of the plans proposed by Desert Chapel and Desert Chapel
Christian School.
Very truly y s,
Rose Aarie Travis
LAW OFFICES OF
THOMAS M. STEFANELLI
777 East Tahquitz Canyon Way, Suite 200 Telephone: (760)323-3060
Palm Springs, California 92262 Facsimile: (760)323-7501
February 18, 2004
RE: Desert Chapel
To Palm Springs City Council and/or To Whom it May Concern:
I am an attorney who has lived and worked in the Coachella Valley for the past 16 years. My
family and I have resided in the Deepwell neighborhood at 1377 Pasco de Marcia for the past
seven years.
We are very pleased to have a Christian school like Desert Chapel in our neighborhood and
consider them to be good neighbors. We have absolutely no objection to Desert Chapel
expanding. Over the seven years that we have lived in the neighborhood, we have never been
troubled by any lights or noise emanating from the Desert Chapel complex.
This past weekend we had a gentleman come to our door requesting that we sign a petition
opposing any building by Desert Chapel. That gentleman represented that Desert Chapel had
plans to build a new football stadium. He stated that obviously there could be no objection to
Desert Chapel students playing football, but advised that he had been in touch with those in
charge of the football league and had discovered that Desert Chapel could play its games at the
Palm Springs High School.
It is my understanding that Desert Chapel does not intend to build a football stadium but rather
an administrative building. In either event, my family and I have no objection to the expansion.
If indeed the plan is not a football stadium, however, the Palm Springs City Council should be
aware that some petitions against expansion may have been signed under false pretenses.
You s very truly
comas M. Stefai 1 i �
TMS/reb
Law Offices of
L EONARD A. BOCK
1900 East Taliquilz Canyon Way, .Suite C-3
PaLn Springs, CA 92262-7062
(760)325.9686 ■ (760)325-6036 fax
February 17, 2004
Palm Springs Mayor and City Council:
I and my wife, Faye, have been residents of the Deepwell area for 52 years. We currently
reside at 1175 Sagebrush Road. It has been brought to my attention that a member of Deepwell
Homeowners Association has represented to the City Council that he represents the interests of
the Deepwell residents regarding the expansion of Desert Chapel and Desert Chapel Christian
School and holding of night football games at Desert Chapel Christian School. Neither I nor my
wife have authorized anybody to represent our interests on that issue. Deepwell Homeowners
Association does not represent us, nor do we attend Desert Chapel.
We have had no problem with Desert Chapel or Desert Chapel Christian School during the
entire time of our residency in Deepwell and we do not oppose its expansion. We have never
heard from our residence noise emanating from Desert Chapel whether from a football game or
any other function. We appreciate having a church and school in our neighborhood and fully
support the desire of the school to have football games in the evening on the school property.
Very Truly Yours,
Leonard A°$oak -' f .,.„
February 14, 2004
City Comisil
City of Palm Springs, Ca
Re: Request for approval of football games by Desert Chapel
S. Sunrise Way
Palm Springs, Ca
We are homeowners at the corner of Mesquite and Calle Rolph, Palm Springs. We understand
that Deep Well Homeowners Association have complained of noise from the athletic field at
Desert Chapel, and have disapproved of evening footfall games being proposed there. We are
members of that association,but we ourselves have not heard or been disturbed by such noise.
Mr. and Mrs. A. Grayson Dix
1017 S. Calle Rolph
Palm Springs, CA 92264
To: Mayor and City Councilors January12, 2004
City of Palm Springs n
Subject: Case No. 5.935-PD-59 —4;
Desert Chapel application to amend PDD 59
Hearing date: January 21, 2004h
Dear Mayor and Councilors:
Once again we express our opposition to approval of the amendments to the Planned Development District 59. We
are one of the closest neighbors to the Chapel. Our past complaints about violations of the existing regulations and
our opposition to amendments are on record with the City Planner.
We ask the Council to consider what has and is transpiring. The Chapel has not complied with the existing City
standards for amplified sound, permitted events, or light glare. Now The Chapel is asking for approvals of the
events that have caused these violations. The Chapel leadership has repeatedly demonstrated their unwillingness or
inability to have their membership and employees comply with existing City regulations. Instead,they violate the
cetirrent regulations and then ask the City to approve their activities. We as their neighbors are asked to be
understanding(to preserver).A recent and small example of insensitivity to neighbors is teachers using bull horns
during the day to direct student activities on the play ground. A bull horn is amplified sound and should not be
needed to be heard over the playf l sounds of their students.
Past experience shows that the City does not have the ability to monitor or police the activities at the Chapel. We as
neighbors end up having to document violations and report them to the City. Based on past experience we have no
hope that anything will happen other than another request from the Chapel for approval of the activities that resulted
in the violations.
'"�Ve ask the council to carefully review the proposed amendment. The Chapel representatives have presented the
Y,justification for football games and other special activities. It is our hope that the number and type of special
IT activities be specified in detail. What is a football game? Last year one of the"football games" included the
election and installation of the home coming queen. We heard all these activities as a result of the continual and
etailed coverage over a public address(amplified sound) system.
At present football played by an eight(8)man team on a small field. While this fits the current needs of a few male
students we wonder what will happen when girls and adult church members wish to use the current field or an
expanded field for other teams or other field sports. See their current web site: >ttp://wAvw.desertchapel.or"/dchs/
for their presentation of the activities at the Chapel.
L�Weppreciate the Church members' interest in their youth. However,they have options for conducting these
r„ ties in more appropriate settings if they cannot conduct them at this site without violating existing ordinances.
l�/Inggest these amendments be set aside until the Chapel demonstrates their ability to comply with current City
tions for noise and light glare.
Sincerely,
Robert L.Pailthorp (/ a
Dorthea M.Pailthorp
Unit Camino Parocela �\
Unit K-73 Phase 3
Mesquite HOA
http://www.deserLehapel.org/delis/
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS
STATED, CASE 5.935-PD-59, AN APPLICATION BY DESERT
CHAPEL FOR REVISIONS TO THE DESERT CHAPEL MASTER
PLAN, PLANNED DEVELOPMENT DISTRICT 59,TO INCLUDE: 1)
THE ADDITION OF CLASSROOMS, A NURSERY, AN
ADMINISTRATIVE BUILDING AND A NEW SPECIAL EVENTS
AREA; AND 2) REGULATIONS REGARDING THE TIME, PLACE
AND MANNER OF SPECIAL EVENTS, INCLUDING NIGHT TIME
FOOTBALL GAMES; LOCATED AT 630 SOUTH SUNRISE WAY.
ZONE PD-59, SECTION 24.
WHEREAS, Desert Chapel (the "applicant") has filed an application with the City pursuant to
Section 94.03.00 of the Zoning Ordinance relative to master plan revisions as represented in case
No. 5.935-PD-59, on a 10.16 acre parcel located at 630 South Sunrise Way, R-1-C Zone, Section
24; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
consider Applicant's application for a Master Plan Revision as represented in Case No. 5.935-PD-
59 was given in accordance with applicable law; and
WHEREAS, on January 7, 1976, the City Council approved Planned Development District #59
providing for a church and school use in an R-1-C zone; and
WHEREAS, the church and school have been in continuous operation and have received City
Council approval for numerous additions; and
WHEREAS, pursuant to Section 21064.5 of the California Environmental Quality Act("CEQA"), on
November 17, 1999 the City Council certified a Mitigated Negative Declaration for the subject
project. At that meeting the City Council determined that with the environmental mitigation
incorporated into the project, any environmental impacts resulting from the project would be
reduced to a level of insignificance; and
WHEREAS, on August 27, 2003, September 10, 2003 September 26, 2003, November 12, 2003,
November 27, 2003 and December 10, 2003 a public hearing on the application for a master plan
revision, Case No. 9.935-PD-59 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, on December 10, 2003, the applicant withdrew their request for the re-dedication of
the Sunny Dunes right of way; and
WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including, but not limited to the staff report,
and all written and oral testimony presented; and
A� I I i0 C
Case 5.935 Resolution
February 18, 2004
Page 8 of 13
WHEREAS, on September 10, 2003, the Planning Commission voted to recommend that the City
Council approve said project; and
WHEREAS, on January 21, 2004 and February 18, 2004, a public hearing on the application for
a master plan revision, Case No. 9.935-PD-59 was held by the City Council in accordance with
applicable law; and
WHEREAS, on February 10, 2004, a neighborhood meeting was held regarding this project; and
WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in
connection with the hearing on the project, including, but not limited to the staff report, and all
written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
Pursuant to Section 21064.5 of the California Environmental Quality Act ("CEQA"), on
November 17, 1999 the City Council certified a Mitigated Negative Declaration for the
subject project. At that meeting the City Council determined that with the environmental
mitigation incorporated into the project, any environmental impacts resulting from the
project would be reduced to a level of insignificance.
Section 2: Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds that:
a. The use applied for at the location set forth in the application is properly one for which
a Planned Development District Master Plan Revision is authorized by the City Zoning
Ordinance.
Pursuant to the Zoning Ordinance, Planned Development District 59 was legally created
per these standards and the proposed revisions are in compliance with those standards.
The expansion of the church and school is an appropriate development for the site and for
the community.
b. The use applied for is necessary and desirable for the development of the community,
is in harmony with the various elements or objectives of the General Plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in which the
proposed use is to be located.
The existing church and school use is provided for in the R-1-C zone with a Planned
Development District in the City of Palm Springs Zoning Ordinance. The project design
parameters and conditions provide for lands use compatibility in the zone. Access and
maintenance easements have been provided.
c. The site for the intended use is adequate in size and shape to accommodate said use,
including yards,setbacks,walls orfences, landscaping and other features required in order
to adjust said use to those existing or permitted future uses of the land in the neighborhood.
�L? Co ;I
Case 5.935 Resolution
February 18, 2004
Page 9 of 13
The 10.16 acre site is adequate in shape and size to accommodate the school and church.
The site is located adjacent to a golf course and wash. This location provides for a
maximum distance from residences across Sunrise Way and from the Mesquite Country
Club Condominiums. �`f� �FiPtzCd� � f 7�ar�c' ra�ds�
d. The site for the proposed use related to streets and highways is properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
An environmental assessment and traffic study have previously been prepared for this
project. A Mitigated Negative Declaration was adopted by the City Council on November
17, 1999. Specific traffic mitigation have been applied to this project, including contributions
to the signalization of Sunrise Way and Sunny Dunes Road and the intersection
improvements at Ramon Road and Sunrise Way. A traffic signal has since been installed
at the intersection of Sunrise Way and Sunny Dunes Road.
e. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
The conditions of approval address environmental concerns including traffic, planning
standards, construction standards, thereby creating improvements that are beneficial and
are necessary to ensure public health and safety.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves the Master Plan Revision, Case No. 5.935-PD-59, subject to those
conditions set forth in Exhibit A, on file in the Department of Planning & Zoning office,
which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other
specified.
ADOPTED this 18th day of Februarv, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
Reviewed and Approved as to Form:
RESOLUTION NO.
EXHIBIT A
Desert Chapel-630 South Sunrise Way
Master Plan Revision,PD59
November 17, 1999
CONDITIONS OF APPROVAL
Before final acceptance ofthe project,all conditions listed below shall be completed to the satisfaction of
the City Engineer,the Director ofPlanning,the ChiefofPolice,the Fire Chiefor theirdesignee,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.Attomey. -
APPLICATION FOR ARCHITECTURAL APPROVAL OF DESERT CHAPEL MASTER PLAN
LOCATED AT 630 AND 710 SUNRISE WAY SOUTH, (APN 502-560-004,006),SECTION 24,
T 4 S,R 4 E,S.B.B.M.,CASE NO.PD-59,ENG.FILE NO.E-2527
I. The proposeddevelopmentofthepremisesshallconformto all applicable regulations ofthePalm
Springs Zoning Ordinance,Municipal Code,or any other City Codes,ordinances and resolutions
which supplement the zoning district regulations.
la. The owner shall defend,indemnify,and hold harmless the City of Palm Springs,its agents,
officers,and employees from any claim,action,orproceeding against the City o£Pahn 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,oradrrwristrative officers concerning Case
No.5.0788,PD 59. 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 ofthe matter and pay the City's associated legal costs or will advance funds to
pay for defense ofthe matterby the City Attorney,Ifthe City ofPalm 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,orholdhamiless
the City ofPahn Springs.Notwithstanding the foregoing,the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so,the City shall waive the
indemnification herein,except,the City's decision to settle or abandon a matter following an
adversejudgement or failure to appeal,shall not cause a waiver of the indemnification rights
herein.
2. The mitigation measures ofthe environmental assessment shall apply.The applicant shall submit
a signed agreement that the mitigation measures outlined as part ofthe negative declaration or EIR
will be included in the plans prior to Planning Commission consideration ofthe environmental
assessment.
3. The appeal period for the Master Plan Revision,Case No.5.0788-PD 59 application is 15
calendar days from the date ofproject approval.Permits wilt not be issued until the appeal period
has concluded.
4. The final developmentplaris shall be subrnittedin accordance with Section 9403.00 oft,,:Zoning
Ordinance.Final development plans shall include site plans,building elevations,floorplans,roof
plans,grading plans,landscape plans,irrigation plans,exterior lighting plans,sign program,
mitigation monitoring program,site cross sections,bikeway plans,property development
standards and other such documents as required by the Planning Commission.Final development
plans shall be submitted within two(2)years ofthe City Council approval ofthe preliminary
planned development district.
5. Final landscaping,irrigation,exterior lighting,and fencing plans shall be submitted forapproval by
the Department ofPlanning and Buildungprior to issuance ofabuildingpermit.Landscapeplans
shall be approvedby the Riverside County Agricultural Conunissioner's Office prior to submittal.
6. 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 priorto the issuance ofa building permit. Referto
Chapter 8.60 of the Municipal Code for specific requirements.
7. Priorto issuance ofa grading permit,a Fugitive Dust and Erosion Control Plan shallbe submitted
and approved by the Building Official. Referto Chapter 8.50 ofthe Municipal Code for specific
requirements.
8. The gradingplan shall show the disposition ofall out and fill materials.Limits ofsitedisturbance
shall be shown and all disturbed areas shall be fully restored or landscaped.
9. Drainage swales shall be provided adjacent to all curbs and sidewalks-Ywido and 6"deep.The
irrigation system shall be field tested priorto final approval ofthe project. Section14.24.020of
the Municipal Code prohibits nuisance water fromentering the public streets,roadways or gutters.
10. All proposed trees within the public right-of-wayVnd within 10 feet ofthe public sidewalk and/or
curb shall have City approved deep rootbarriers installed per City of Palm Springs Engineering
specifications.
11. Separate architectural approval and permits shall be required for all signs. A detailed sign
program shall be submittedforreview andapproval.by the Planning Commission prior to issuance
of building permits.
12. All materials on the flat portions of the roof shall be earthtone colors.
13. All roofmountedmechanical equipmentshall be screened from all possible vantagepoints both
existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be
considered as an element ofthe overall design andmust blend with the architectural design ofthe
building(s). The exterior elevations and roofplans of die buildings shall indicate any fixtures or
equipment to be located on the roofofthe building,the equipment heights,and type ofscreening.
Parapets shall be at least 6"above the equipment for the purpose of screening.
14. No exterior downspouts shall bepermittedon any facade ontheproposedbuilding(s)which are
visible from adjacent streets or residential and commercial areas.
15. The design,height,texture andcolor ofbuilding(s),fences andwalls shallbe submitted for review
and approval prior to issuance of building permits.
\o C'
16, The street address numbering/lettering shall not exceed eight inches in height.
17, An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be
submitted for review and approval by the Director ofPlamilng&Building prior to the issuance of
building permits.Aphotometric study and manufacturer's cut sheets ofall exterior lighting on the
building,in the landscaping,and in the parking lot shall be submitted for approval prior to issuance
of a building permit.If lights are proposed to be mounted on buildings,down-lights shall be
utilized. All lighting shall be in accordance with the City's non-glare standards. All unperrnitted
night lighting shall be removed or permitted in compliance with the City's non-glare standards.
a) No lighting shall bepernittedonthelargeplaying field locatedintbesoutheast
portion of the property.
18. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of
average light to minimum light of four to one(4:1).
19. Parking lot lightfixtures shall align with stall striping and shall be located two to three feet from
curb face.
20. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from
curb face.
21. Submitplans meeting City standard for approval ontlieproposed trash and recyclable materials
enclosure prior to issuance of a building permit.
22. No outside storage ofany kind shallbepermitted except as approved as apart of the proposed
plan.
23. Prior to the issuance ofbuilding permits,locations ofall telephone and electrical boxes must be
indicated on the building plans and must be completely screened and located in the interior ofthe
building. Electrical transformers must be located toward the interior ofthe project maintaining a
sufficient distance,fromthe frontage(s)ofthe project, Saidtransformer(s)must be adequately and
decoratively screened.
24. Islands ofnot less than 9 feet in width with a minimum of 6 feet ofplanter shall be provided every
10 parking spaces.
25. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
26. Parkingstallsshallbedelineatedwitha4to6inchdoublestripe-bairpinorelongated"U"design.
hidividualwheel stops shall be prohibited;a continuous 6"barrier curb shallprovide wheel stops.
27. Concretewalks with amininturawidth of two(2)feetsball be installed adjacent to endparking
spaces or end spaces shall be increased to eleven(11)feet wide.
28. Tree wells shall be provided within the parking lot and shall have aplanting area of six feetin
diameter/width,
29. Standard parking spaces shall be 17 feet deep by 9 feet wide;compact sized spaces shall be 15
feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5
foot walkway at the right side oftheparking space;two(2)handicap spaces can share a common
\d
tF
walkway.One in every eight(8)handicap accessible spaces,but not less than one(1),shall be
served by an 8 foot walkway on the right side and shall be designated as"van accessible".
30. Handicapped accessibility shall be indicated on the site plan to include the location ofhandicapped
parking spaces,the main entrance to the proposed structure and the path of travel to the main
entrance. Consideration shall be given to potential difficulties withthe handicapped accessibility
to the building due to the future grading plans for the property.
31. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10.
32. Curbs shall be installed ata minimum offive(5)feet fromfaceof walls,fences,buildings,orother
structures. Areas that are not part ofthe maneuvering area shall have curbs placed at a minimum
of two(2)feet from the face of walls,fences or buildings adjoining driveways.
33. Theprojectshall complywith the City ofPalm Springs Transportation Demand Management
(TDM)Ordinance which establishes ttonsportationdemandmanagementrequirements forthe City
of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements.
34. Access and utility maintenance easements shall be provided relative to the Sunny Dunes Road
abandonment in a manner consistent with the demonstrated needs of the historical rise by the
Desert Water Agency,Mesquite Country Club Golf Club,Mesquite Country Club Homeowners
Association and any affected utilities.These easements are subject to the approval ofthe City of
Palm Springs and shall be submitted to the City Attorney for examination as to form and content
prior to the issuance of any building permits.
a. Employee parking shall be provided by Desert Chapel for all legal users of the
easement.
b. The applicant shall record a maintenance and"hold harmless"agreement for the users of
the easement thereby shifting a maintenance and insurance burden to the benefit of the
users.
c. The applicant shall dedicate to the City an easement for pedestrian arid bikepath purposes
across that portion of Sunrise Way right-of-way vacated to the applicant.
d. The applicant shall dedicate to the City an easement for pedestrian and bikepath
purposes,and construct a bikepath across the applicant's property in a location,width
and alignment approved by the City Engineer prior to vacation of p edestrian and bikepath
rights from Sunny Dunes Road.
e. The applicant shall provide and enter into reciprocal access agreements across the
applicant's property with the City and all affected parties that use Sunny Dunes Road as
legal access in a form approved by the City Attorney prior to vacation of Sunny Dunes
right-of-way.
35. Thedesignoftheparkhiglotlayouts,bikeways,and site driveways shall be subjeetto the review
ofthe City Engineer and DirectorofPlanning and Building during the Final PlannedDevelopment
District and construction document review process to ensure compliance with City access and
design standards.
a. Bikewayplans,including fencing,barriers and signing shall be submitted for
review and approval of the Director of Planning and Building with proposed
Phase I improvements installed prior to completion of Phase I.
b. The bikeway alignment shall be subject to final approval by the Director of
Planning and Building and the City Engineer. The applicant shall seek an
easement from the Riverside County Flood Control District and any Indian land
owners along the northern edge ofthe Talnquitz Wash to locate a meandering bike
path. Should this be unsuccessful,the bike path will be located on the southern
perimeter of the Desert Chapel site as indicated on preliminary plans.
C. A new bike path ramp shall be installed over the curb where the Mesquite
Country Club bike path intercepts the bikepath on Desert Chapel property to die
satisfaction of the Director of Planning and Building.
d. A solid screen shall be installed between the school and the bikeway whenthe
bikeway is relocated.
e. The area adjacent to the bikeway,(either at the Tahquitz Wash orat the southern
perimeter ofthe Desert Chapel site)shall be cleatned and landscaped subject to
the approval of the Director of Planning and Building.
36. The project proponent should coordinate with SunLine Transit agency regarding the need for
transit facilities prior to plan submittal for Phase I.
37. An architectural embellishment plan shall be submitted for theproposed modular buildings The
plan should include exteriorfinishmaterials,screening ofinechatnical equipment,and a screen wall
with landscaping in front of all modular classrooms. The plan shall be submitted for review and
approval by the Director of Planning and Building with Phase I final development plans and
implemented in conjunction with the addition of anyadditional modular units. The Planning
Cornmissionreserves the right to require permanentbuitdings farall classrooms ifit is determined
that the existing and proposed modular classrooms cannot meet community design standards
comparable to new structures.
38. The oleander screening along the northern property fine shall be maintained to the satisfaction of
theD rector ofPlanning andBuilding.Theminimunnheight attrima ring shall be seven(7)feet. All
dead plants shall be replaced with matm'e hedge material with aminimum height ofseven(7)feet.
39. Evening outdoor activities at the subject site shall cease at 10:00 P.M.unless special time
extensions are granted by the Director of Planning and Building and/or the Chief of Police.
40. No public address system shall be allowed other than for emergency service,
POLICE DEPARTMENT:
41. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.
WASTE DISPOSAL SERVICES:
42. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details,
BUILDING DEPARTMENT:
l
43. Prior to any construction on-site,all appropriate permits must be secured.
FIRE:
44: Construction shall be in accordance with the 1994 Uniform Fire Code with 1995
California amendments,1994 UniformBudding Code with 1995 California amendments,City of
Palm Springs Ordinance 1523,NFPA 13,NFPA 72 and Desert Water Agency requirements.
45: Submit detailed plans forreview. Plans for both phases to be submitted separately. Plansmust
show type of contraction and total square footage for each existing building with new
construction square footage.
46. Fire Department Access Roads shall be provided and maintained in accordance with the 1994
Uniform Fire Code,Article 9, Sections 902.1.
47. Construction site fencing required per City of Palm Springs Ordinance 1523 combustible
construction is 5,000 Sq.Ft.or more or ifthe Fire Marshal deems necessary. A construction site
guard is required for combustible construction is over 10,000 Sq.Ft.or ifthe Fire Marshal deems
necessary.
48. Fire apparatus access gate(s)are required and shall be a minimum of 14'in width. Gate(s)shall
be equipped with a KNOX locking device or key box per Uniform Fire Code,Article 9,Sec.
902.4. Contact this office for KNOX application form.
49. Provide a garden hose or hoses on coo struction site equipped with an adjustable spray nozzl e
capable of reaching all combustible construction.
50. An operational fire hydrant(s)capable offiroviding required GPM shall be instafled within 250
feet of all new combustible construction.
51. Contact Desert Water Agency to ascertain ifexisting water system and fire hydrants as shown in
Desert Water Agency Map Book Page#4-424-NW and fire hydrant#1256 can meet required
fire flow.
52. Contact DesertWaterAgencyregardingproposedabandonmentoftheexistingwatermainon
Sunny Dunes Rd.,East of S. Sunrise,that supplies fire hydrants#1256 and#1907.
53. Portable fire extinguishers shall be installed in accordance with 1994 Uniform Fire Code.Provide
one 2-A:16-B:C fire extinguisher for every 75'of floor or grade travel distance.a.
54. An Automatic fire extinguishing system equipped with 24 hour monitoring required in accordance
with 1994 Uniform Fire Code Article 10. See.1003,and 1994 Uniform Building Code,Chapter
3,4,5,9 and 10.
55. Fire Alarm System required. Installation and maintenance of a fire alarm system shall be in
accordance with 1994 Uniform Fire Code,Article 10,See. 1007 and NFPA Pamphlet 72.
56. Further comments as conditions warrant.
57. Access roadways to be a minimum of20 feet of unobstructed width. This would also apply to
any"hammerhead design"used for turn-a-rounds.
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58. All buildings to be within 150 feet of all access roadways and accessible ona minimum o£three
sides.
59. Fire hydrants located at 300 foot intervals and within 250 feet of all new construction.
60. Buildings spaced within 15 feet of each other are considered one building for fire sprinkler
purposes. Any building larger than 3000 square feet is required to be fire sprinkhered.
Adjusting the distance on the portable classrooms may be alternative to be considered in
lieu of this requirement.
61. Previous comments still pertain to this site plan.
ENGINEERING:
The Engineering Division recommends that iftbis application is approved,such approval is subject to die
following conditions being completed in compliance with City standards and ordinances:
Before final acceptance ofthe project,all conditions listed below shall be completed to the satisfaction of
the City Engineer,
PHASE I
STREETS
62. Any improvements within the street right-of-way require a City of Palm Springs
EncroaclmiemPemut.Work shall be allowed according to Resolution 17950-Restricting
Street Work on Major and Secondary Thoroughfares.
63. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division.The plan(s)shall be approved by the City Engineerpriorlo 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 platand all agreements and mprovementplansapprovedbyCity
Engineer,IF applicable.
C. Proof of processing dedications of right-of-way,easements,encroachment
agreements/licenses,covenants,reimbursement agreements,etc,required by
these conditions.
64, Submit bikeway and driveway routes and plans to the City Engineer for review and
approval prior to issuance of any grading or building permits.
65, Submit written proof of coordination with SunLine TransitAgeneyfor on-site transit
facilities prior to issuance of grading or building permits.
y,
SUNRISE WAY SOUTH
66, Construct the FULL 8 foot cross gutter and spandrel at the intersection of SUNRISE
WAY SOUTH and SUNNY DUNES ROAD EAST with a flow line parallel to the
centerline of SUNRISE WAY SOUTH in accordance with City of Palm Springs
Standard Drawing No.200 and 206.
67. All brokenor off grade CURB,GUTTER,SIDEWALK AND AC PAVEMENT shall
be repaired or replaced.
SUNNY DUNES ROAD EAST
68. Developershall apply forthevacationof SUNNY DUNES ROAD EAST from50FEET
EAST OF SUNRISE WAY SOUTH to THE EASTERN TERMINUS,inclusive of
property line - comer cut back at the SUNRISE WAY SOUTH AND SUNNY
DUNES ROAD EAST INTERSECTION in accordance with City of Palm Springs
Standard Drawing No. 105. Developer shall be responsible for final resolution of all
utilities,demolition ofall existing improvements,reconstruction of affectedintersecting
streets and coordination of improvements with adjacent property owners,if applicable,
for the street vacation.All agreements and improvement plans relative to the above
mentioned items shall be approved by the City Engineer prior to the submittal ofthe street
improvement plans.
SANITARY SEWER
69. Connectall sanitary facilities to the City sewer system.Lateralshall notbeconflected at
manhole.
GRADING
70. A copy of a Title Reportprepared/updated within thepast 3 months and copies ofrecord
documents shall be submitted to the City Engineer with the first submittal ofthe Grading
Plan.
71. Submit cut and fill quantities to City Engineer todeterrnineifa Grading Plan isrequired.
If required, the Grading Plan shall be prepared by a Registered Professional and
submitted 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 ofany 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 Soils Report,IF required by these conditions.
F. Copy of Hydrology Study/Report,IF required by these conditions.
G. Copy ofthe General Construction Activity Storm Water Permit from the State
Water Resources Control Board (Phone No. 916 657-0687) to the City
Engineer priorto issuance ofthe grading permit,IF required perproject acreage.
72, Drainage swales shall be provided adjacent to all curbs and sidewalks-Ywide and 6"
deep-to keep nuisance water from entering the public streets,roadways,or gutters.
73. A soils report prepared by a licensed Soils Engineer shall be required for and
incorporated as an integral part ofthe grading plan for the proposed site.A copy of the
soils report shall be submitted to the BuildingDepartment 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.
DRAINAGE
74. The developer shall accept all flows impinging uponhis 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 ofthe site.Provide calculations
to determine ifthe developed Q exceeds the capacity of the approved drainage carriers.
75. 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.
_ (Fee required for developedproperties when addition ofhard surface area exceeds 50%
of existing hard surface area)
76. The approved Development Plan shall be submitted to the Riverside County Flood
Control and Water Conservation District for their approval and comment regarding the
Baristo Wash Channel and the Tahquitz Creek Channel.
ON-SITE
77. Bikeway construction details,striping,signage or other improvements shall be submitted
to the City Engineer and to the Director of Planning and Building for review and approval.
The bikeway path shall be a Class I as depicted in Caltrans Design Manual,Chapter
1000,Bikeway Planning and Design. The bikeway shall be constructed of cement
matching the style and dimensions ofthe bike path on the Mesquite Country Club site.
GENERAL
78. 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.
79. All proposed utility lines on/oradjacentto this projectshallbeundergroundedpriorto
issuance of a Certificate of Occupancy.
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80. All existing utilities shall be shown onthegrading/streetplans.The existing anaproposed
service laterals shall be shown from the main line to the property line.The approved
original grading/street plans shall be as-built and returned to the City ofPalm Springs
Engineering Division prior to issuance of the certificate of occupancy.
81. Nothing shall be constructed or planted in the corner cut-off area ofany driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Standard Drawing No.203.
82. All proposed trees within the public right-of-way and within 10 feet ofthe public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications.
MAP
83. Acopy of a Title Reportprepared/updated within thepast3 months and copies of record
documents shall be submitted to the City Engineer with the first submittal of the Lot Linc
Adjustment.
84. The existing lots or parcels shall be combined,The developer shall submit a lot line
adjustmentprepared by either a Registered Civil Engineer or a Licensed Land Surveyor
to the Engineering Division.This condition shall be compliedwith before issuance of
grading or building permits.
TRAFFIC
85. The developer shall provide a minimum of48 inches of sidewalk clearance around all
street furniture,fire hydrants and otherabove-ground facilities for handicap accessibility.
The developer shall provide same through dedication of additional right-of-way and
widening ofthe 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
SUNRISE WAY SOUTH frontage of the subject property.
86. The developer shall design and pay their fair share cost of the signal in the amount of
$19,080.00 toward the construction of a traffic signal at SUNRISE WAY SOUTH and
SUNNY DUNES ROAD EAST.
87. Separate striping plans are to be prepared and submitted along with traffic signal plans
for review and approval by the City Engineer.
88. Construction signing,lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer.As a minimum,all
construction signing,lighting and barricading shall be in accordance with State of
California,Department ofTransportation,"MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996,
or subsequent additions in force at the time of construction.
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L
89. This property is subject to the Transportation Uniform Mitigation Fee based on the
MISCELLANEOUS RETAIL SERVICES/PRIVATE SCHOOLS ITE Code F land
use.(Submit application to CVAG for Conditional Waiver of TUMF)
If the developer pays the TUMF fee, then no "fair share" cost shall be paid for
improvements at Sunrise Way and Ramon Road.
PHASE II
STREETS
90. 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.
91. Submit bikeway and driveway routes and plans to the City Engineer for review and
approval prior to issuance of any grading or building pennits.
SUNRISE WAY SOUTH
92. The driveway approach shall be constructed with centerline matching San Lucas Road
centerline in accordance with City of Palm Springs Standard Drawing No.201 and have
minimum width of 24 feet.
93. The existing driveway approach shall be removed and replaced with 6 inch curb and
gutter per City of Palm Springs Standard Drawing No. 200 and a 10 foot wide
meandering combination sidewalk and bicycle path ofcolored Portland Cement concrete.
The admixture shall be Palm Springs Tan,Desert Sand,or approved equal color by the
Engineering Division.The concrete shall receive a broom finish.
94. All broken oroffgrade CURB,GUTTER,SIDEWALK AND AC PAVEMENT shall
be repaired or replaced.
SANITARY SEWER
95, Connect all sanitary facilities to the City sewer system.Lateral shall not be connected at
manhole.
GRADING
96. A copy of a Title Report prepared/updated within the past 3 rnon(h3 and cop i es of record
documents shall be submitted to the City Engineer with the first submittal ofthe Grading
Plan.
97. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required.
If required, the Grading Plan shall be prepared by a Registered Professional and
submitted 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.
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Sj iY't L.
Minimum submittal includes the following:
`av,er
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 Soils Report,IF required by these conditions.
F. Copy of Hydrology Study/Report,IF required by these conditions.
G. 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 priorto issuance ofthe grading permit,IF requiredperproj ect acreage.
98. Drainage swales shall be provided adjacent to all curbs and sidewalks-Ywido and 6"
deep-to keep nuisance water from entering the public streets,roadways,or gutters.
99- 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. _
DRAINAGE
100. The developersliaH acceptall flows impinging upon his land and conductfliese 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 ofthe site.Provide calculations
to determine if the developed Q exceeds the capacity of the approved drainage carriers.
101. 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 pennit.
(Fee required for developed properties when addition ofhard surface area exceeds 50%
of existing hard surface area)
102. The approved Development Plan shall be submitted to the Riverside County Flood
Control and Water Conservation District for their approval and comment regarding the
Baristo Wash Channel and the Tahquitz Creek Channel.
ON-SITE
103. The ininimumpavement section for all on-site streets/parking areas shall be2-1/2inch
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,
V ��
using"R"values,determined by a licensed Soils Engineer and submitted with the Pine
Grading Plan to the City Engineer for approval,
104. The on-site parking lot shall be constructed in accordance with City of Palm Springs
Zoning Otdinance,Section 9306.00.
105. The on-site modified cul-de-sac shall be constructed in accordance with CityofPalm
Springs Standard Drawing No.101,curb portion only.The design of the cul-de-sac shal I
accommodate emergency vehicles and trucks and be approved by the City Engineer.
106. Bikeway striping,signage or other improverrients shall be submitted to the City Engineer
for review and approval.
GENERAL
107, 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 ofPalm Springs Standard Drawing No,115.Pavement shall be restored to a smooth
rideable surface:
108, All proposedutility lines on/oradjacent to this project shall be undergrounded priorto
issuance of a Certificate of Occupancy.
109. All existing utilities shallbeshown on the grading/street plans.The existing and proposed
service laterals shall be shown from the main line to the property line.The approved
original grading/street plans shall be as-built and returned to the City of Palm Springs
Engineering Division prior to issuance of the certificate of occupancy.
110. Nothingshall be constructed orplanted intlic comer cut-offareaofany driveway which
does or will exceed the heightrequired to maintain an appropriate sight distance per City
of Palm Springs Standard Drawing No.203.
111. All proposed trees within the public right-of-way and within 10 feet oftlre public sidewalk
and/orcurb shall have City approved deep rootbarriers installed per City ofPahn Springs
Engineering specifications.
TRAFFIC
112. The developerstrall provide a minimum of48 inches of sidewalk clearance around all
street furniture,fire hydrants and other above-ground facilities for liandicap accessibility.
The developer shall provide same through dedication of additional right-of-way and
widening oftlrc 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
SUNRISE WAY SOUTH frontage of the subject property.
113. Construction signing,lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer.As a minimum,all
construction signing,lighting and barricading shall be in accordance with State of
California,Department of Transportation,"MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996,
or subsequent additions in force at the time of construction.
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114. This property is subject to the Transportation Uniform Mitigation Pee based on the
MISCELLANEOUS RETAIL SERVICES/PRIVATE SCHOOLS PTE Code F land
use.(Submit application to CVAG for conditional waiver of TUMF fee)
Ifthe developer pays the TUMF fee,then no"fair share"shall be paid for improvements
at Sunrise Way and Ramon Road.
V
Case 5.935 Resolution
February 18, 2004
Page 11 of 14
EXHIBIT B
Desert Chapel - 630 South Sunrise Way
Case No 5.935 - PD 59
Master Plan Revision
February 18, 2004
REVISED 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.
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of Palm
Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.0935. The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of
the matter by the City Attorney. If the City of Palm Springs fails to promptly
notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing,the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgement or failure to appeal, shall
not cause a waiver of the indemnification rights herein.
3. The applicant shall provide a Deposit in the amount of$500 to cover staff over
time to monitor special events, football games. The funds will be held in a
special Desert Chapel monitoring account. 40
1 U
Case 5.935 Resolution
February 18, 2004
Page 12 of 14
Special Events
4. (A) The applicant may conduct a maximum of three special events per year, with
temporary lighting and generators, which shall not extend past 9:00 pm. Amplified
outdoor concerts are prohibited. The Christmas Sing-along may include
amplified vocalists only and may run from 6:00 to 7:30 pm. Tear-down of
special events shall not extend past 9:00 pm, or 10pm on Fridays and Saturdays.
(B)Special events and associated activities shall be limited to one day in duration.
5. A lighting plan for special event lighting shall be reviewed and approved by the
Director of Planning and Zoning, this plan shall be submitted within 60 days of
approval of these conditions.
6. Loudspeakers and any other noise shall not reasonably interfere with the peace and
quiet of any person outside the boundary of the site and shall comply with the City
Noise Ordinance.
7. Desert Chapel shall provide written notice of any special events, by mail,two weeks
prior to the event,to Mesquite Country Club property owners in the Phase Adjacent
to Desert Chapel, the Mesquite Country Club HOA, Deepwell Association and
Tahquitz River Estates Association, and the City Manager.
8. Should any of these conditions be violated, the Planning Commission reserves the
right to revoke the right of Desert Chapel to conduct future special events. A
noticed public hearing will be conducted as part of such a revocation
process. Revocation of the permit shall be according to Section 94.02.00.1 of
the Zoning Ordinance.
Football Games
9. The applicant may host up to ten football games annually.These events would shall
end by 10:00pm. These events may include the use of a temporary generator, PA
system, lighting and bleachers. The field and parking lot shall be cleared with all
lights off by 10:00pm. Tear-down of football games shall not extend past 10:00 pm.
Special dispensation will be made to game delays caused by injuries, power
outages, overtime or timeouts beyond reasonable control of Desert Chapel.
10. A lighting plan for football field lighting shall be reviewed and approved by the
Director of Planning and Zoning.
11. Lighting and the PA system shall be directed away from adjacent residential
properties.
12. Amplified music shall be limited to 15 minutes before game and 15 minutes at half
time.
�� V
Case 5,935 Resolution
February 18, 2004
Page 13 of 14
13. Desert Chapel shall provide written notice of the"regular"football season schedule,
by mail, two weeks prior to the start of football season, to Mesquite Country Club
property owners in the Phase Adjacent to Desert Chapel, the Mesquite Country
Club HOA,Deepwell Association and Tahquitz River Estates Association,and
the City Manager. This permit shall allow for unscheduled games due to the teams
advancement through playoffs. Desert Chapel shall make every reasonable effort
to provide written notice of these games in a timely manner.
14. Desert Chapel shall provide a list of"key administrative personnel', including cell
phone numbers, such that should any concerns arise, the matter could be brought
to the immediate attention of these"key administrative personnel."The list shall be
kept updated and shall be provided by Desert Chapel to the City Planning and
Zoning Department, Police Department and Mesquite Country Club HOA, and
Mesquite Country Club residents adjacent to the site, Deepwell Association
and Tahquitz River Estates Association. Desert Chapel shall be responsible for
enforcement of these conditions of approval.
15. Desert Chapel shall provide on site security. Security personnel shall be
required and shall be on duty until 11:00pm.Securitywill be required to clear and
secure the parking lots.
16. Desert Chapel shall utilize the northeast parking lot for overflow parking only.
Driveways to this area shall be barricaded or otherwise controlled by Desert Chapel
staff to ensure compliance.
17. Should any of these conditions be violated, the Planning Commission reserves the
right to revoke the right of Desert Chapel to conduct future football games at this
site. A noticed public hearing will be conducted as part of such a revocation
process.
General
18. Construction activities and the use of landscape equipment on site, including but not
limited to blowers, trimmers, mowers, street sweepers, landscape equipment and
general construction and landscape maintenance activities,and other in-door and
outdoor maintenance activities, shall conform to permitted construction work
hours in the City of Palm Springs, Monday - Friday 7 am - 7 pm, Saturday 8 am -
5pm and prohibited on Sundays, per the Municipal code.
19. Late night use of the sports courts, after the use of 10 pm, shall be prohibited.
20. Desert Chapel shall provide adequate adult supervision to minors on site during all
activities and events.
00,
1\10 V
Case 5.935 Resolution
February 18, 2004
Page 14 of 14
21. The Planning Commission reserves the right to adjust the Conditions of approval
in response to operation, activities and community concerns.The process to modify
shall require public notice to Mesquite Country Club HOA, one meeting with Desert
Chapel and Mesquite Country Club HOA and a Planning Commission action. The
Planning Commission reserves the right to require a formal public hearing prior to
considering changes to the approved conditions of approval for special events and
football games. The Planning Commission decision can be appealed per Palm
Springs Municipal Code Section 2.05.030. In the event that conditions of
approval are violated, a noticed public hearing will be conducted as part of
such a revocation process.
22. This permit is a temporary permit that shall expire July 31, 2004. In order to
provide for on-going monitoring of and compliance with the conditions of
approval, this permit shall be reviewed by the City Council, a part of noticed
public hearing, at its meeting on July 7, 2004, or as soon as possible
thereafter. A compliance report shall be prepared and presented to the City
Council at that time. A permanent amendment to the Planned Development
District may be approved atthattime. Desert Chapel shall provide an updated
property owners list.
23. All previous conditions of approval dated November 17, 2004 shall be
applicable to this Planned Development District amendment, except as
specifically modified by 1-22 above.
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