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HomeMy WebLinkAbout9/17/2003 - STAFF REPORTS (11) Date: September 17, 2003 To: City Council From: Director of Planning and Zoning CASE 5.0909-CUP. AN APPEAL BY SHERYL HAMLIN, ELISSA GOFORTH AND BARBARA PROCTOR OF THE PLANNING COMMISSION ACTION REQUIRING SITE IMPROVEMENTS INCLUDING DEPRESSED CURBAND GUTTER,SIDEWALKSAND CONNECTING PAVEMENT AND RECONSIDERATION OF THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO INSTALL FORTY-FIVE (45) DEGREE ANGLES PARKING ON BELARDO ROAD, AT THE ESTRELLA INN, LOCATED AT 415 S. BELARDO ROAD, R-3 ZONE, SECTION 15. APPEAL The applicants, Sheryl Hamlin, Elissa Goforth and Barbara Proctor, are appealing the Planning Commission's June 25, 2003 approval of site improvements requiring the installation of depressed curb and gutters, sidewalks and connecting pavement and reconsideration of the Planning Commission's denial of a request to install forty-five degree angled parking on Belardo Road. City Council may uphold, override or modify the decision of the Planning Commission. At the conclusion of the public hearing, the City Council will need to direct staff to prepare a resolution for adoption at the City Council's next regular meeting. SUMMARY At it's meeting on June 25, 2003, the Planning Commission voted to require that the Estrella Inn construct certain site improvements. The applicant had originally applied to the Planning Commission for a conditional use permit to allow a restaurant, bar and spa as accessory uses at the Estrella Inn. The appeal was filed by neighbors that are concerned that the proposed site improvements would irreparably harm their neighborhood. The applicant is not an appellant in this matter but certainly has a intervener role due to property ownership. BACKGROUND On February 26,2003,the Planning Commission approved the Estrella Inn's parking management program, with the condition that the applicant submit detailed construction plans for the required site improvements, including curbs, gutters and sidewalks along both Belardo Road and Cahuilla Road street frontages. The Commission also informed the applicant, that if they so desired, they could propose an alternatives site improvements, prepare an alternative set of engineered plans which met their design objectives, and meet with the appropriate community representatives to determine whether an alternative street scape and design configuration was appropriate in this setting. On May 7, 2003, a community meeting was held at the Estrella Inn to discuss site improvements with the neighbors. At that meeting, area residents stated that while Belardo Road functions as a commercial thoroughfare, Cahuilla Road is more residential in nature. Residents were generally supportive of the applicant's request to construct minimal site improvements along Cahuilla Road. The applicant suggested paving the bay parking and utilizing a decomposed granite walk-path in lieu of a sidewalk along Cahuilla Road. Residents were generally of the opinion that curbs gutters la A and sidewalks were logical improvements on Belardo Road but not on Cahuilla Road, which they believe is more residential and rural in nature. On June 25, 2003, the Planning Commission voted to require the applicant to install a depressed curb and gutter, 5' wide paved sidewalk and connecting pavement along the Estrella Inn's entire street frontage on Cahuilla Road.A minimum 5'wide colored concrete sidewalk was required from the north property line to the southern property line, less the existing —150' sidewalk. The Commission also supported the Engineering Departments requirements for site improvements along Belardo Road. Lastly, the Planning Commission determined that forty-five degree angled parking, in an isolated mid-block condition,was not an appropriate improvement for Belardo Road. ANALYSIS Cahuilla Road and Belardo Roads are both designated as a"Collector Streets"which, pursuant to General Plan Policy 7.1.2, are designed to accommodate through-traffic and commercial traffic flows, Future commercial development is anticipated in the area in the immediate future as the Desert Fashion Plaza is redeveloped and other properties are developed. The Engineering Department has noted that,despite the fact that Cahuilla serves as a boundary between residential uses on the west and more intense visitor serving commercial and hotel uses on the east, as surrounding properties are redeveloped, increased pedestrian and vehicular traffic will have to be accommodated within the Historic Tennis Club area. Therefore, the Planning Commission determined that it was appropriate to require concrete sidewalks along both streets. Despite the desirability of providing additional parking in the area, the existing right of way does not provide for the additional right of way width required for the safe provision of diagonal parking along Belardo Road, The Cahuilla Road street frontage has an existing 150' long segment of sidewalk, with no links to sidewalks to the north or south.The Planning Commission was concerned that construction of bay parking with depressed curb and gutter and connecting pavements would result in a number of problems, including deterioration of the roadway edge,deterioration of parking lot paving,track-out of decomposed granite onto the roadways, and the creation of pedestrian hazards, due to transition areas between street paving, decomposed granite and the parking bays. The appellants cited several General Plan provisions in the appeal. As stated General Plan Objective 5.8 is the "Long term preservation of significant architectural, historical and cultural buildings and neighborhoods." Site improvements will not result in the degradation of significant architectural, historical and cultural resources in the area, but may actually improve pedestrian accessibility and help to make those resources available to a greater number of residents and visitors. General Plan Policy 5.8.4 "Supports the establishment of historic districts when supported by a suitable concentration of historic structures and by property owners." The Planning Commission determined that adding the bay parking and colored concrete was consistent with existing and future conditions in the Historic Tennis Club neighborhood. As stated General Plan Objective 5.16 is "A high quality environment throughout residential neighborhoods and commercial areas, with character which is unique to Palm Springs." The proposed improvements, which include decorative colored concrete sidewalks and minimally intrusive drought tolerant landscaping, would utilize high quality materials and landscaping in concert with the rest of the neighborhood. 14W1;XMW General Plan Policy 5.16.6 states that "Public improvements may be modified where a neighborhood plan has been developed to provide adequate alternatives, to provide for the maintenance of the neighborhood character." This policy is intended to encourage flexibility and creativity in neighborhood design, however, a neighborhood plan has not yet been adopted for the Historic Tennis Club Neighborhood. The approved street improvements have been adjusted and modified to create an alternative street design that also meets reasonable engineering design standards. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION The subject property is exempt from the California Environmental Quality Act (CEQA) per Section 15301, which states that the minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination will be categorically exempt from an environmental assessment. All property owners within 400 feet of the subject property have been notified of the public hearing. 0 DOUGLAS R., � ANS Director of PI nning and Zoning City Manager �' ATTACHMENTS: 1. Vicinity Map 2. Planning Commission Report, June 25, 2003 3. Appeal 4. Conditions of approval NOTICE OF PUBLIC HEARING CITY COUNCIL Case No 5.0909-CUP An appeal of Planning Commission action requiring site improvements, including curb, gutter, sidewalks and connecting pavement and re-consideration of the Planning Commission's denial of 45 degree, angled parking on Belardo Road, at the Estrella Inn, located at 415 S. Belardo Road, Zone R-3, Section 15. Name of Appellants: Sheryl Hamlin, Elissa Goforth and Barbara Proctor Property Owner: KOR Group (Brad Korzen) NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 17, 2003. The City Council meeting begins at 7:00 p.m., in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California, The purpose of the hearing is to consider an appeal of the Planning Commission action requiring the applicant to install sidewalks, flat curb and gutter and connecting pavement at the Estrella Inn as a condition of approval of the Conditions Use Permit to operate a restaurant, bar and spa at the Estrella Inn. The appellant is also requesting reconsideration of the Planning Commission's denial of 45 degree, angled parking on Belardo Road Pursuant to Section 15301 of the California Environmental Quality Act, the project is exempt from further environmental review. The proposed project improvements, staff reports and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245, Patricia Sanders Publish: September 6, 2003 City Clerk The Desert Sun Ay MORRISON VICINITY MAP STA •. i ' V ■ AADO t n PALM SPRING DESERT MUSEUM I w x � W. PALIS E DR � • � L� J TAHQUITZ CANYO .61 fir vowiR cc Cr cr ocFRD 1 GA R Cu 6!U DD SITE m PAwaA ` t ,wv c= • TUR SANTA g c LINDA PA m _ e RAMON RD - f 1000 CITY OF PALM SPRINGS CASE NO. �_0909 DESCRIPTION An appeal of Planning Commission action requiring site improvements, including curb,gutter,sidewalks Appellants: Sheryl Hamlin, Elissa Goforth and Barbara Proctor and connecting pavement and re-consideration of the Planning Commission's denial of 45 degree,angled parking on Belardo Road,at the Estrella Inn, located at 415 S.Belardo Road, Zone R-3,Section 15. QA5 Date: June 25, 2003 To: Planning Commission From: Director of Planning and Zoning CASE 5.0909-CUP. APPLICATION BY BRAD KORZEN FOR CONSIDERATION OF REQUIRED STREET AND RELATED IMPROVEMENTS AT THE ESTRELLA INN, LOCATED AT 415 S. BELARDO ROAD, R-3 ZONE, SECTION 15. RECOMMENDATIONS: Staff recommends that on Cahuilla Road,a minimum 5'wide colored concrete sidewalk be required from the northern edge of the northern most driveway (-30' from the north property line) to the southern edge of the southern most driveway (-90' from the south property line), approximately 400'. Staff further recommends that on Belardo Road a minimum 5'wide colored concrete sidewalk be extended across the entire street frontage,and that diagonal parking not be allowed on Belardo Road. The Design Review Committee recommends that on Cahuilla Road an existing 130 foot long segment of sidewalks be removed and an 8' wide decomposed granite pedestrian pathway be constructed behind street trees along the entire 520' Cahuilla Road street frontage, and that the applicant install a 5'wide concrete sidewalk along the entire 520'Belardo Road street frontage,and utilize the remaining area behind the sidewalk to augment the existing landscaping. BACKGROUND On February26,2003,the Planning Commission approved the Estrella Inn's parking management program, with the condition that the applicant submit detailed construction plans for the required site improvements, including curbs sidewalks and gutters. The Commission also informed the applicant, that if they so desired, they could propose an alternative to the conditions of approval, prepare an alternative set of engineered plans which met their design objectives, and meet with the appropriate community representatives to determine whether an alternative street scape and design configuration is appropriate for this setting. ANALYSIS The Cahuilla Road street frontage has a 150'long segment of sidewalk, with no links to sidewalks to the north or south. Staff is concerned that the elimination of existing concrete sidewalk, as recommended by the Design Review Committee, will result in a number of problems, including deterioration of the roadway, deterioration of parking lot paving, track-out of decomposed granite onto the roadways, and the creation of pedestrian hazards, due to transition areas between street paving, decomposed granite and the parking bays. Because there no sidewalks to the north or south on this block, staff is less concerned about the extension of sidewalk across the entire street frontage. Therefore, staff recommends that a minimum 5' wide colored concrete sidewalk be required from the northern edge of the northern most driveway (-30'from the north property line) to the southern edge of the southern most driveway(--90'from the south property line), -400', less the existing -150'sidewalk. However, it must be noted that this may be the last opportunity to have sidewalks constructed on this site through private investment for the next 30 to 40 years. On Belardo Road, a 5'wide sidewalk should be sufficient to accommodate pedestrian movements. Diagonal parking,while often noted for its desirable traffic calming effect,would create an unusual traffic pattern as a stand alone mid-block segment of roadway narrowing, and alternative parking movements and would likely further diminish the ability of Belardo Road to adequately carry traffic. For these reasons staff believes that diagonal parking is not appropriate for Belardo Road. DESIGN REVIEW COMMITTEE On May 27, 2003, the Design Review Committee evaluated the proposed street improvement plans. The DRC noted that the city should develop a unified, signature street $cape concept for Cahuilla Road. The DRC made the following recommendations: 5. Restudy the landscape plan with the intent of reducing the formality of the plan and incorporating a desert plant palate; 6. Add landscape planters along Cahuilla, in the areas under the shade trees; and 7. Sidewalks along both Belardo and Cahuilla Roads were necessary and should be constructed entirely from concrete, at a minimum of 5 feet in width. They were concerned that a combination of concrete sidewalks and decomposed granite pathways could be dangerous and present trip and fall hazards for pedestrians. On June 7, 2003,the Design Review Committee reevaluated the proposal. The DRC reconsidered its earlier opinion in light of the presentation made by the applicant, and determined that: 1. Sidewalks would be inappropriate along Cahuilla Road and that existing sidewalks adjacent to the project on that street should be removed; 2. A maximum 5'wide concrete sidewalk was necessary along Belardo Road; and 3. While they were generally supportive of the concept of diagonal parking as a method of traffic calming, diagonal parking would not be appropriate for this limited street section on Belardo Road. WINDSHIELD SURVEY OF AREA IMPROVEMENTS In anticipation of this meeting, Staff conducted a windshield survey of sidewalk improvements on Belardo and Cahuilla Roads, between Ramon Road and Tahquitz Canyon Way. The following tables analyzes street frontage conditions at the parcel level. Type of Parcels on Parcels on Sidewalks Belardo Road Cahuilla Road Total Concrete 20 (62.5%) 21 (38%) 41 (47%) Asphalt Concrete 4 (12.5%) 3 (6%) 7 (8%) None 8 (25%) 31 (56%) 39 (45%) Total 32 55 87 0447 Staff found that on Belardo Road, of a total of 32 properties surveyed, 20 (62.5%) had concrete sidewalks, 4 (12.5%) had asphalt concrete sidewalks and 8 had no sidewalk improvements. On Cahuilla Road, of a total of 55 properties surveyed, 21(38%) had concrete sidewalks, 3 (6%) had asphaltic concrete sidewalks and 31 had no sidewalk improvements. For the entire survey area, 55% of the properties surveyed had either concrete or asphalt concrete sidewalks. Staff concludes that because concrete sidewalks are the most common existing condition, it is appropriate to require the applicant to install concrete sidewalks,on both street frontages,as a part of this project. NEIGHBORHOOD MEETING On.May 7, 2003 a community meeting was held at the Estrella Inn. The applicant presented two set of plans. The first plan depicted the required Engineering conditions for curb, gutter and sidewalks along both street frontages.The second plan which represented the applicant's proposal included sidewalks, landscaping and angle parking along Belardo Road and no sidewalks along Cahuilla Road.A number of additional alternatives were discussed. These was consensus among the assembled community members that: • Belardo Road functions as a commercial street and sidewalks are appropriate. • Angle parking works well on Arenas Road and should be explored along Belardo. • Cahuilla Road has a more residential nature, and concrete sidewalks should not be required. • Cahuilla Road bay parking should be decorative in nature. • Landscaping along Cahuilla Road should be simplified, less formal and utilize a desert landscape palate. Street improvements along Cahuilla Road should include a flat concrete mow strip rather than a curb, trees located at the edge of paving and a protected pedestrian path behind the street trees made from decomposed granite. Cahuilla Road and Belardo Roads are is designated as a "Collector" which, pursuant to General Plan Policy 7.1.2, are designed to accommodate through-traffic and commercial traffic flows. Additional and increasingly intense commercial development is anticipated in the area in the immediate future as the Desert Fashion Plaza. The Engineering Department has noted that, despite the fact that Cahuilla serves as a boundary between residential uses on the west and more intense visitor serving commercial and hotel uses on the east, as surrounding properties are redeveloped, increased pedestrian and vehicular traffic will have to accommodated within the Historic Tennis Club area. Therefore, it is appropriate to require concrete sidewalks along both streets. Despite the desirability of providing additional parking in the area, the existing right of way does not provide for the additional right of way width required for the safe provision of diagonal parking along Belardo Road. APPLICANTS POSITION The applicant is willing to make the Belardo Road street improvements required by Engineering, but would prefer to construct diagonal parking along a portion of their Belardo Road Street frontage. The applicant believes that sidewalks along Cahuilla Road are unnecessary because of the residential nature of the area. ATTACHMENT: 1. Revised conditions of approval /� A7 TO; Palms Springs City Clerk for the Palm Springs City Council FROM:Historic Tennis Club Neighborhood Organization and Historic Tennis Club District Hotel Associa 'ndbl 9 2003 c REC�IVEp REGUWING: Case 5.0909 CUP Estrella Inn--street improvements surrounding the Estrella Inn CLEF DArWE-.July S,2003 The f esidents of the Historic Tennis Club Neighborhood Organization and the small imis of the Historic Tennis Club District Hotel Association wish to appeal to the Palm Springs City Council the decision of the Palm Springs Planning Conoiission made on June 25,2003,regarding the above referenced CUP. Specifically,these organizations ask for reconsideration of the Planning Commission's decisions requiring cement curb and sidewalk on Cahuilla Street,as well as the denial of proposed 45 degree parking on Belardo Road. Thes,eorganizations have standing to appeal because they are both aggrieved parties whose property rights and interests will be directly and adversely affected by the Planning Commission's decisions. Bohr of these appellant groups have met on several occasions with the Developer of the Estrella Inn as well as with representatives from Palm Spring's Planning and Engineering Departments.At a meeting on May 7,2003,these groups reached the following consensus: First„ to install curbs and sidewalks on Cahuilla would damage the longstanding rural and historic character of the existing Teams Club neighborhood. These aspects of the neighborhood's rural,rustic,and village atmosphere are some of the very reasons the small inns in the neighborhood,which total more than 1000 rooms,are so successful. Many of the neighborhood residents have chosen to invest and live in this particular neighborhood for these same reasons. There are no sidewalks on either side of the subject property,and probably never will be due to physical limitations alone. Further,there is very little curb and gutter along this part of Cahuilla Street or within the entire neighborhood.Residents and inas alike prefer the existing conditions,and do not want cement curbs,gutters,or sidewalks installed. The appellants believe that there are other means of making street improvements which address both neighborhood concerns and City engineering concerns of durability, drainage,and flood control. Second, the Estrella Irm,should be allowed to install 45 degree parking on Belardo Road in front of its restaurant, for two reasons: 1)because it provides 10-12 additional parking spaces in a neighborhood already heavily impacted with parking concerns; and, 2)because the angled parking would help in the neighborhood's efforts to implement traffic calming measures,by helping slow speeding traffic traveling through the neighborhood.This sort of 45 degree parking has been successfully used on busy Arenas Road and The Plaza, and has now been proposed for Palm Canyon in front of Fashion Plaza, On June 7,2003,the Pahns Springs Design Review Committee determined that sidewalks on Cahuilla would be inappropriate, and ruled that small segments of existing curb and sidewalk should be removed. On June 25,2003, the Palm Springs Planning Commission overturned the Design Review Committee,requiring cement curbs,parking bays and sidewalks along Cahuilla. The 45 degree parking proposal for Belardo Road was denied by the Design Review Committee.It appeared to the appellants that the discussions at the June 25"'Planning Commission meeting were confusing and disorganized, as discussed in item 2,below. The appellants cite the following grounds for appealing the Planning Commission's decision: 1. The decision violated the Palms Springs General Plan by not protecting or preserving the historical character of the Tennis Club neighborhood and for failing to develop an alternate treatment to standard engineering solutions of curb, gutter, and sidewalk, that would maintain the neighborhood's character. General Plan Objective 5.16 is to preserve a high quality environment throughout residential neighborhoods; idl9-lr► General Plan Objective 5.8 is to engage in the long term preservation of significant architectural,historical,and Guttural buildings and neighborhoods; General Plan Policy 5.16.6 states that public improvements (for curb, gutters, sidewalks, etc.) may be modified, cwhere a neighborhood plan has been developed to provide adequate alternative, in order to provide for the s>iaintenance of neighborhood character; General Plan Policy 5.8.4 supports the establishment of historic districts when supported by a suitable concentration of historical structures and by property owners. 2, Procedure and discussions during the June 25''Planning Commission meeting were confused and unclear. The paperwork given the Planning Commission did not match the discussion,and the motion made did not speak specifically to the work to be done.A motion was made"as modified"without the modifications being stated for the record. There were inconsistencies and errors. Dimensions stated do not match the actual property dimensions. For example,the City's document refers to an existing 130 foot long segment of sidewalk,but no such length of sidewalk exists on the Estrella property or even anywhere on the City block where the Estrella is located. 3. There is precedence for the appellant's requested modification in the Movie Colony,where the west side of Miraleste is treated with gravel as part of a new development. 4. There is no neighborhood or business support for the Planning Commission's decision. The Estrella Inn developer has made a major investment in the community and has worked diligently with the appellants to reach sensible and aesthetic solutions.The Estrella Inn agrees with the neighborhood appellants'position. 5. Traffic assumptions for Cahuilla that designate it a major"collector"street are based on a 10 year old and incorrect General Plan assumption of 4%growth. Growth in Palm Springs has been only 1%during this period. Cahuilla should not be regarded as a major collector street.It is in fact a narrow street, less than two lanes wide, and partially dirt on this block. The historic inns in the neighborhood are residential in character. Many in fact have long-term residents. There are inns scattered throughout the neighborhood. It is inappropriate and disrespectful to the unique historical character of the neighborhood to determine that Cahuilla or other neighborhood streets should be designated collectors or major streets in an attempt to justify a more commercial treatment of street improvements for Cahuilla than is actually justified or desired by either businesses or residents of the neighborhood John Wessman has discussed with the neighborhood and the City the possibility of making Cahuilla into a cul- do-sac as part of his pending luxury condominium development at Cahuilla and Barristo.In this case Cahuilla would not even be a through street,much less a"collector"street as designated in the outdated, 10 year old General Plan. In conclusion, the appellants respectfully request that the Planning Commission's decision on the specific street improvements requiring cement curbs and sidewalks for Cahuilla be overturned so that a more creative and neighborhood- compatible alternative may be developed. The appellants also request that the decision against the 45 degree parking plan on Belardo be overturned in the interest of finding a parking solution that maximizes the available parking in the neighborhood while helping calm traffic. On behalf of the Historic Tennis Club Neighborhood Organisation and the Historic Tennis Club District Hotel Association,we thank you for p�this appeal and forwarding it to members o/th Pahn s ity Co vWTS"HaGNO Board Member barn Proctor,HTCNO Board Member 565 W. Santa Rosa Drive,PS,CA 92262, ph. 318-9344 424 S.Monte Vista Drive,PS,CA 92262,ph. 416-4139 Elissa Goforth, HTCDHA Secretary 175 S. Cahuilla,PS,CA I9"2�2_62�phj320-9346 /� �' EXHIBIT A CASE 5.0909 ESTRELLA INN 415 BELARDO ROAD REVISED CONDITIONS OF APPROVAL June 25, 2003 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. PLANNING DEPARTMENT: 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. 1 a. 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 5.00909-CUP. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure Q A 1 *01, to appeal, shall not cause a waiver of the indemnification rights herein. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. That the property owner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation parking areas, landscape, irrigation, lighting, signs,walls,and fences between the curb and property line, in a first class condition,free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. No sirens, outside paging, music speaker system or any type of signalization will be permitted except approved alarm systems. 6. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 7. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 8. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 9. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 10. All materials on the flat portions of the roof shall be earth tone in color. 11. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of amA13 screening. Parapets shall be at least 6"above the equipment for the purpose of screening. 12. No exterior downspouts shall be permitted on anyfacade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting for all new improvements, 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. A photometric study shall be required for all parking areas, driveways and entries. 14. Parking lot light fixtures in new parking areas shall align with stall striping and shall be located two to three feet from curb face. 15. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in- lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the Peeing being 1/2% for commercial projects or 114%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved bythe Directorof Planning and Building and the Public Arts Commission,and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 16, Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 17. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s)of the project. Said transformer(s) must be adequately and decoratively screened. 18. Parking islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 new parking spaces. Additional islands may be necessary to comply with shading requirements in #19 below. 19. Shading requirements for new 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. 20. Parking stalls for new parking shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U"design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 21. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to new end parking spaces or end spaces shall be increased to eleven (11) feet wide. 1JA 1Y 22. Tree wells shall be provided within the new parking lot and shall have a planting area of six feet in diameter/width. 23. Standard parking spaces for new 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 of the parking space; two (2) handicap spaces can share a common 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". 24. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped 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 with the handicapped accessibility to the building due to the future grading plans for the property. 25. Compact and handicapped spaces shall be appropriately marked per Section 9306.000 10. 26. Curbs shall be installed at a minimum of five (5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 27. In the event that parking problems occur as a result of this project, the applicant shall be required to provide an expanded parking management program which address parking both on- site and off-site. 28. Any additional signage permitted shall be limited to on-site convenience signs primarily for the benefit of hotel guests. 29. The applicant shall submit revised architectural elevations for the meeting room facility for review and approval by the Planning Commission. 30. The applicant shall submit a parking management plan and revised site plans for the Cahuilla Road street frontage, including upgraded bay parking and enhanced decorative landscaping with planter islands and shade trees for review and approval by the Planning Commission. 31. Outdoor amplified music shall be prohibited.The applicant shall adhere to the noise ordinance (Municipal Code Section 11.74). 32. The applicant shall prepare engineered street improvement and parking lot plans and land scape plans for review by the Planning Commission within 60 days (by April 28, 2003). 33. The applicant shall provide security equal to the cost of constructing all remaining on site and off site improvements,including landscaping,trash enclosure,parking areas,and Belardo Road and Cahuilla Street improvements. The bond shall be provided prior to issuance of the certificate of occupancy for the restaurant and bar. 11Iq-/� 34. The landscape plan provided by the applicant shall include low landscape lighting. 35. The sample event contract provided by the Estrella Inn, shall specifically include a provision stating that"no amplified out door music is permitted." 36. A trash enclosure shall be provided for the restaurant and bar by the applicant within 60 days ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 37. 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. 38. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. CAHUILLA ROAD SOUTH 34. Construct a 6 inch flat curb and gutter, 20 feet EAST of centerline where required per City of Palm Springs Standard Drawing No. 200 and 206. 35. Constructa modified driveway approach where bay parking stalls are proposed perCityof Palm Springs Standard Drawing No. 201 (see Note 5 and Section A-A for depressed top of curb on Std. Dwg. No. 201). 36. Construct minimum 27 foot wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 where existing point of access is located. DA It 37. Construct minimum 12 foot wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 where existing point of access is located. 38. Construct an 5 foot wide sidewalk behind the curb,approximately 400'in length,from the north edge of the northernmost driveway to the south edge of the southernmost driveway,where not already existing, in accordance with City of Palm Springs Standard Drawing No. 210. 39. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline where required in accordance with City of Palm Springs Standard Drawing No. 315. The pavement section shall be designed,using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. BELARDO ROAD SOUTH 40. Construct an 5 foot wide sidewalk behind the curb where not already existing (remove the existing asphalt sidewalk and replace)along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 41. Remove the depressed curb and gutter located 20 feet WEST of centerline and replace with 6 inch curb and gutter located 20 feet WEST of centerline along the parallel parking spaces, per City of Palm Springs Standard Drawing No. 200. 42. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of pavement along the parallel parking spaces in accordance with City of Palm Springs Standard Drawing No. 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 43. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 44. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 45. 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 Registered Professional and submitted to the Engineering Department for plan check.A PM 10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. 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. 46. In accordancewith Cityof Palm Springs Municipal Code,Section 8.50.05(c),the developershall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development.The bond amount will be based on the square footage of the disturbed area. 47. The area in which this project is situated is indicative of desert soil conditions found in many areas of Palm Springs.The Engineering Department does not require a soils report.This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 48. Contactthe Building Departmentto get information regarding the preparation of the PM10(dust control) Plan requirements. 49. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved"Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive,Palm Desert. (Phone:760-776-8208) DRAINAGE 50. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. ON-SITE 51. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 52. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 53. 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. 54. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 55. All existing utilities shall be shown 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 Department prior to issuance of the certificate of occupancy. 56. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 58. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Lot Line Adjustment. 59. The existing property(APNs 513-202-005 and 513-212-004,also described as Lots 4,5,6,and the south 50 feet of Lot 3 in Block 17 of The Townsite of Palm Springs, records of San Diego County,recorded in Book 9, Page 432 of Maps)shall be combined.The developer shall submit a lot line adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Department. The Lot Line Adjustment shall be approved prior to issuance of grading or building permits. TRAFFIC 60. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the CAHUILLA ROAD SOUTH frontage of the subject property. 61. 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. FIRE DEPARTMENT �� Iq 62. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 63. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 64. Automatic Fire Sprinklers: An approved,automatic Fire Sprinkler System is required in all new public assembly areas (rooms containing 50 or more persons) and new buildings exceeding 3000 square feet in size. 65. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 66. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 67. Trash Container Protection:Trash container space is within 5 feet of the building wall. Provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 1613, 'STIP-7 D OT 117 X-C t /7667 5r- r V6�i7 C;7 FE 13 b J ZOO.` August 19, 2003 Will Kleindienst, Mayor � y City of Palm Springs 3200 E. Tahquitz Canyon Way SEP 15 Palm Springs, CA 92262 Dear Mayor Kleindienst: Re: Case 50909CUP Estrella Inn Appeal I am a resident of Palm Springs who lives in the Historic Tennis Club neighborhood, not far from the Estrella Inn, with whom my neighbors and I have been working for over a year to create a win-win solution. The Inn wants more parking and the neighborhood wants to retain the desert, urban feeling of Cahuilla street—the gateway to the historic Tennis Club neighborhood. The Estrella Inn is amenable to building a natural solution. We have held numerous meetings with the city present and were led to believe that our solution would be acceptable to the city. The Planning Department's specification of 6" curbs, concrete driveways and sidewalks is totally out of character with the neighborhood and represents a significant departure from anything we discussed in our meetings and is contrary to the Design Review Committee's recommendation. There are no curbs, gutters and sidewalks on Cahuilla street now, so the Estrella Inn would be an island of concrete. Mr. Evans indicated a natural solution with binders would be ADA compliant. We have researched durable, natural solutions finding them in use worldwide. Palm Springs is known for historical architecture and streetscaping is part of that history. We urge you to protect the city's history and vote `yes' on the appeal, which is now scheduled on your calendar for September 17, 2003. Sincere , arbara Proctor 424 So. Monte Vista Palm Springs, CA 92262 (760) 4 16-413 9 cc: Council Members Hodges, Mills, Reller-Spurgin, Oden ,PIP L� AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0909- CUP, an appeal of Planning Commission action requiring site improvements, including curb, gutter, sidewalks and connecting pavement and re- consideration of the Planning Commission's denial of 45 degree, angled parking on Belardo Rd., at the Estrella Inn, located at 415 S. Belardo Rd., Zone R-3, Section 15, applicant KOR Group (Brad Korzen), was mailed to each and every person on the attached list on the 5" day of September, 2003. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 5th day of September, 2003. PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Case No 5.0909-CUP An appeal of Planning Commission action requiring site improvements, including curb, gutter, sidewalks and connecting pavement and re-consideration of the Planning Commission's denial of 45 degree, angled parking on Belardo Road, at the Estrella Inn, located at 415 S. Belardo Road, Zone R-3, Section 15. Name of Appellants: Sheryl Hamlin, Elissa Goforth and Barbara Proctor Property Owner: KOR Group (Brad Korzen) NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 17, 2003. The City Council meeting begins at 7:00 p.m., in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal of the Planning Commission action requiring the applicant to install sidewalks, flat curb and gutter and connecting pavement at the Estrella Inn as a condition of approval of the Conditions Use Permit to operate a restaurant, bar and spa at the Estrella Inn. The appellant is also requesting reconsideration of the Planning Commission's denial of 45 degree, angled parking on Belardo Road Pursuant to Section 15301 of the California Environmental Quality Act, the project is exempt from further environmental review. The proposed project improvements, staff reports and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. Patricia Sanders Publish: September 6, 2003 City Clerk The Desert Sun VICINITY MAP OF jjUS 0 MADO l PO/ PALM SPRINGS■ �`t P DESERT MUSEUM J W, PALIS E pq 1`y 'j TAHQUITZ CANYO o IM CC L= CcRENAS I ccwim w D 1A li ND SITE At CU Cal CA N 0 Z m PANDA t �v SANTA UJ - PA LIN�DA RAM N RD CITY OF PALM SPRINGS CASE NO, s_a9o9 DESCRIPTION An appeal of Planning Commission action requiring site improvements, including curb,gutter,sidewalks Appellants: Sheryl Hamlin, Elissa Goforth and Barbara Procto and connecting pavement and re-consideration of the Planning Commission's denial of 45 degree,angled parking on Belardo Road,at the Estrella Inn, located at 415 S. Belardo Road, Zone R-3,Section 15. 513 203 017 513 211 001 513 211 002 EbmbirrrBarati _ — T J R Mckenney ' " Sos Fund Of Vera Alexeevna Jones Inc 2582 S Calle Palo Fierro 48120 Birdie Way 650 Michelterena St Palm Springs,CA 92264 Palm Desert, CA 92260 Los Angeles,CA 90026 513 11 003 513 211 004 513 1 007 Christ r&Katluyn Hollister Kenneth&Jeanette Knott Kenne &J ette Knott NO T NAME or NUMBER 59926 Comstock Rd 59926 C stock Rd A Cove,OR 97824 Cov , R 824 513 211 008 513 211 009 513 211011 F Martin&Agnes Hollister Barbara Proctor Paul &Deena Brand 432 Monte Vista Or PO Box 5837 3627 E 8Th St Palm Springs, CA 92262 Pasadena, CA 91117 Los Angeles,CA 90023 513211012 513211013 513212002 George Vance Gary Dick Michael Alan Rosen Foundation 414 Monte Vista Dr 431 W Monte Vista Dr 16501 Ventura Blvd#304 Palm Springs, CA 92262 Palm Springs, CA 92262 Encino, CA 91436 513 212 003 513 212 004 513 213 001 Melvyn Haber&Melvyn Revoca Haber Asa Real Estate Ltd Partnership John Jeffrey&Jo Ann Couch 200 W Ramon Rd 5750 Wilshire Blvd#610 1592 Green Ln Palm Springs, CA 92264 Los Angeles, CA 90036 Montecito, CA 93108 513213005 513213007 513213012 Great Western Savings Fed Svgs&Loa Jayne Ramos&Roberta Clawson W A Foster&W A Foster Inc PO Box 7788 PO Box 1707 603 S La Mirada Rd Newport Beach, CA 92658 Palm Desert, CA 92261 Palm Springs, CA 92264 513213013 513213014 513213015 Mathew Talala Springs Hms-Palm Jayne Ramos&Roberta Clawson 215 N Helena Cir 1555 S Palm Canyon Dr#G106 PO Box 1707 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Desert,CA 92261 513 214 008 Virgtinia Schuman 470 W Ocean View Ave Del Mar, CA 92014 ASA Real Estate Partnership MS SHERYL HAMLIN MS BARBARA PROCTOR 5750 Wilshire Blvd. #610 565 WEST SANTA ROSA DRIVE 424 SOUTH MONTE VISTA Los Angeles, CA 90036 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 Gill 513 182 016 513 182 017 513 182 018 Virgil Heinrich&Ardis Heinrich Beni Easley i Robert Schlesinger&Violet Schlesinge_ 352-Pablo Dr - — - -- ox-39Z67 - 380 Pablo Dr Palm Springs, CA 92262 Indianapolis,IN 46239 Palm Springs, CA 92262 513 182 019 513 182 020 513 182 021 Christine Hammond&Joyce Garnet William&Geraldine Jarvis Christopher&Gina Tuttobene 2031 NE Ridgewood Dr 11920 100Th Ave#1203 345 S Monte Vista Dr Portland, OR 97212 EDMONTON AB i Palm Springs, CA 92262 �I CANADA 513 193 007 513 193 008 513 193 009 Irving&Pamela Moffit Green Jerry Stergios Ronald&Rebecca lamele 421 W Santa Rosa Dr 8023 S Karlov Ave 420 S Patencio Rd Palm Springs,CA 92262 Chicago,IL 60652 Palm Springs, CA 92262 I 513 193 037 513 201 003 513 201 004 Jerry Stergios G Charles&Christina Brewer E Michael Vetterli 8023 S Karlov Ave 1780 Old Ranch Rd 318 Pablo Dr Chicago,IL 60652 Los Angeles,CA 90049 Palm Springs, CA 92262 513 201005 513 201 006 513 201 007 Charles Howland Mary Sue Reynolds Richard&Josephine Lang PO Box 460069 367 S Cahuilla Rd 387 S Cahuilla Rd San Francisco, CA 94146 Palm Springs, CA 92262 Palm Springs„CA 92262 513 201008 51 201 09 513201010 James&Marjorie Barrow Jame Marjorie Barrow William Woods&Thomas Jones PO Box 7129 PO ox 29 372 S Monte Vista Dr Menlo Park,CA 94026 Menlo Park CA 94026 Palm Springs, CA 92262 513201011 513 201 012 513 202 001 Paul Lovegren Jr. &Gertrude Lovegren Timothy Osborn Palm Springs Womans Club 360 S Monte Vista Dr 324 S Monte Vista Dr PO Box 626 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92263 513 202 002 513 202 005 513 202 009 Kbh Investments Casa Real Estate Limited Partnership La Serena Villas Lie 5666 La Jolla Blvd#2100 5750 Wilshire Blvd#610 760 N La Cienega Blvd La Jolla, CA 92037 Los Angeles, CA 90036 Los Angeles, CA 90069 5 20� 513203006 ill John Jeff007 rey La Nelda Villas Lie Marina Village Medical &Professional John Jeffrey& Jo Ann Couch 760 ienega Blvd 615 2Nd St#201 1592 Green Ln Los Angeles, CA 90069 Petaluma,CA 94952 Montecilo, CA 93108 513 203 012 513 203 013 513 203 016 San Gatiano Co Lp Family Lp Marek Laurence Stjohnbennett 1874 S Pacific Coast Hwy 72-240 Highway 1111 Waring Piz 320 6Th St Redondo Beach, CA 50277 Palm Desert, CA 92260 Huntington Beach, CA 92648 n y A -1 /i, Neighborhood Coalition Group -September4—,2003 — — MR PETER-DIXON—_ MR BILL-DAVIS&-MS TRISHA-DAVIS Per Lee Husfeldt (TENNIS CLUB REPRESENTATIVE) i (TENNIS CLUB REPRESENTATIVES) Discard all prior lits. 431 SOUTH MONTE VISTA DRIVE 227 SOUTy CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN MR JOHN HURTER MS. CHRISTINE HAMMOND (SMALL HOTELS REPRESENTATIVE) (RACQUET CLUB REPRESENTATIVE) (TAHQUITZ RIVER ESTATES REP) C/O CASA CODY COUNTRY INN PO BOX 2824 1155 SOUTH CAMINO REAL 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR MARSHALL ROATH (DEEPWELL REPRESENTATIVE) MR PHIL TEDESCO MS SHERYL HAMLIN i 1387 CALLE DE MARIA (DEEPWELL RANCH REPRESENTATIVE) (TENNIS CLUB REPRESENTATIVE) PALM SPRINGS CA 92264 1303 WEST PRIMAVERA DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 City a Y of Palm Spriners v 3200 Tahquii . TEL p60)323-8 CIT OF G '.s,Ynr,tt itL'4V11 I!Y; CuL!v,lEfi Gl[IUI�CiI ).ac17 PAYM PETER BDON, TGIfA 9 HATE. REGISTER RATE= 07Avo-3 TIFiEV 1tr37;0E. 9r_WCRIPTIGN ANGUNT COUNCIL APPEAL_ MAII-i?1Ei TC4AL 101E, July 14, 2003 CAN PA-111. $120.013 Ms. Sheryl Hamlin TENDEREr'= 129.018 565 W. Santa Rosa Drive CHANGE, Palm Springs, CA 92262 Dear Ms. Hamlin: -- -- RE: Appeal of Palm Springs Planning Commission Decision dated June 25, 2003 Case 5.0909 CUP - Estrella Inn I have received your request for appeal and payment of require fee of $290.00 for the above-mentioned case. There is an additional charge of $115.00 to cover the costs of mailing notification. Please remit the $115.00 payable to the City of Palm Springs in the enclosed envelope. As per your request, your appeal hearing has been set for September 17, 2003, before the City Council of the City of Palm Springs, in the Council Chamber, 3200 Tahquitz Canyon Way at 7:00 p.m. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the meeting, please furnish 10 copies to me no later than September 11, 2003. Should you have any questions, please do not hesitate to contract me directly at (760) 323-8205. Most sincerely, PATRICIA A. SANDERS, MMC City Clerk cc: Planning Post Office Box 2743 • Palm Springs, California 92263-2743 TO: Palms Springs City Clerk for the Pahn Springs City Council .iliaii FROM: Historic Tennis Club Neighborhood Organization and Historic Tennis Club District Hotel Association �{yt REGARDING: Case 5.0909 CUP Estrella Inn--street improvements surrounding the Estrella Inn DATE: July 8, 2003 The residents of the Historic Tennis Club Neighborhood Organization and the small inns of the Historic Tennis Club District Hotel Association wish to appeal to the Pahn Springs City Council the decision of the Palm Springs Planning Commission made on June 25, 2003,regarding the above referenced CUP. Specifically,these organizations ask for reconsideration of the Planning Commission's decisions requiring cement curb and sidewalk on Cahuilla Street, as well as the denial of proposed 45 degree parking on Belardo Road. These organizations have standing to appeal because they are both aggrieved parties whose property rights and interests will be directly and adversely affected by the Planning Commission's decisions. Both of these appellant groups have met on several occasions with the Developer of the Estrella Inn as well as with representatives from Palm Spring's Planning and Engineering Departments.At a meeting on May 7, 2003, these groups reached the following consensus: First,to install curbs and sidewalks on Cahuilla would damage the longstanding rural and historic character of the existing Tennis Club neighborhood. These aspects of the neighborhood's rural,rustic, and village atmosphere are some of the very reasons the small inns in the neighborhood, which total more than 1000 rooms,are so successful. Many of the neighborhood residents have chosen to invest and live in this particular neighborhood for these same reasons. There are no sidewalks on either side of the subject property,and probably never will be due to physical limitations alone. Further,there is very little curb and gutter along this part of Cahuilla Street or within the entire neighborhood. Residents and inns alike prefer the existing conditions,and do not want cement curbs, gutters,or sidewalks installed. The appellants believe that there are other means of making street improvements which address both neighborhood concerns and City engineering concerns of durability, drainage, and flood control. Second,the Estrella Inn should be allowed to install 45 degree parking on Belardo Road in front of its restaurant, for two reasons: 1)because it provides 10-12 additional parking spaces in a neighborhood already heavily impacted with parking concerns; and, 2)because the angled parking would help in the neighborhood's efforts to implement traffic calming measures, by helping slow speeding traffic traveling through the neighborhood. This sort of 45 degree parking has been successfully used on busy Arenas Road and The Plaza, and has now been proposed for Palm Canyon in front of Fashion Plaza. On June 7,2003,the Pahns Springs Design Review Committee determined that sidewalks on Cahuilla would be inappropriate, and riled that small segments of existing curb and sidewalk should be removed. On June 25, 2003,the Palm Springs Planning Commission overturned the Design Review Committee,requiring cement curbs, parking bays and sidewalks along Cahuilla. The 45 degree parking proposal for Belardo Road was denied by the Design Review Committee. It appeared to the appellants that the discussions at the June 250'Planning Commission meeting were confusing and disorganized, as discussed in item 2, below. The appellants cite the following grounds for appealing the Planning Commission's decision: 1. The decision violated the Pahns Springs General Plan by not protecting or preserving the historical character of the Tennis Club neighborhood and for failing to develop an alternate treatment to standard engineering solutions of curb, gutter, and sidewalk,that would maintain the neighborhood's character. General Plan Objective 5.16 is to preserve a high quality environment throughout residential neighborhoods; General Plan Objective 5.8 is to engage in the long term preservation of significant architectural, historical, and cultural buildings and neighborhoods; General Plan Policy 5.16.6 states that public improvements (for curb, gutters, sidewalks, etc.) may be modified, where a neighborhood plan has been developed to provide adequate alternative, in order to provide for the maintenance of neighborhood character,- General Plan Policy 5.8.4 supports the establishment of historic districts when supported by a suitable concentration of historical structures and by property owners. 2. Procedure and discussions during the June 25`s Planning Commission meeting were confused and unclear. The paperwork given the Planning Commission did not match the discussion, and the motion made did not speak specifically to the work to be done. A motion was made" as modified"without the modifications being stated for the record. There were inconsistencies and errors. Dimensions stated do not match the actual property dimensions. For example,the City's document refers to an existing 130 foot long segment of sidewalk,but no such length of sidewalk exists on the Estrella property or even anywhere on the City block where the Estrella is located. 3. There is precedence for the appellant's requested modification in the Movie Colony,where the west side of Mi•aleste is treated with gravel as part of a new development. 4. There is no neighborhood or business support for the Planning Commission's decision. The Estrella Inn developer has made a major investment in the community and has worked diligently with the appellants to reach sensible and aesthetic solutions. The Estrella hm agrees with the neighborhood appellants' position. 5. Traffic assumptions for Cahuilla that designate it a major"collector"street are based on a 10 year old and incorrect General Plan assumption of 4%growth. Growth in Palm Springs has been only 1% during this period. Cahuilla should not be regarded as a major collector street. It is in fact a narrow street, less than two lanes wide, and partially dirt on this block. The historic inns in the neighborhood are residential in character. Many in fact have long-term residents. There are iris scattered throughout the neighborhood. It is inappropriate and disrespectful to the unique historical character of the neighborhood to determine that Cahuilla or other neighborhood streets should be designated collectors or major streets in an attempt to justify a more commercial treatment of street improvements for Cahuilla than is actually justified or desired by either businesses or residents of the neighborhood. John Wessman has discussed with the neighborhood and the City the possibility of making Cahuilla into a cul- de-sac as part of his pending luxury condominium development at Cahuilla and Barristo. In this case Cahuilla would not even be a through street,much less a" collector" street as designated in the outdated, 10 year old General Plan. In conclusion, the appellants respectfully request that the Planning Commission's decision on the specific street improvements requiring cement curbs and sidewalks for Cahuilla be overturned so that a more creative and neighborhood- compatible alternative may be developed. The appellants also request that the decision against the 45 degree parking plan on Belardo be overturned in the interest of finding a parking solution that maximizes the available parking in the neighborhood while helping calm traffic. On behalf of the Historic Temus Club Neighborhood Organization and the Historic Tennis Club District Hotel Association,we thank you for processing this appeal and forwarding it to members of the Palm JSprin S icyy Council. S , ill,,TCNO Board Member arbara Proctor,HTCNO Board Member 565 W. Santa Rosa Drive,PS, CA 92262, ph. 318-9344 424 S. Monte Vista Drive, PS, CA 92262, ph. 416-4139 Elissa Goforth,HTCDHA Secretary 175 S. Cahuilla, PS, CA 92262 ph 320-9346 TO: Palms Springs City Clerk for the Pahn Springs City Councils FROM: Historic Tennis Club Neighborhood Organization and Historic Tennis Club District Hotel Association p�- REGARDING: Case 5.0909 CUP Estrella Inn--street improvements surrounding the Estrella Inn DATE: July 8,2003 The residents of the Historic Tennis Club Neighborhood Organization and the small inns of the Historic Teimis Club District Hotel Association wish to appeal to the Pahn Springs City Council the decision of the Palm Springs Planning Commission made on June 25,2003,regarding the above referenced CUP. Specifically, these organizations ask for reconsideration of the Planning Commission's decisions requiring cement curb and sidewalk on Cahuilla Sheet,as well as the denial of proposed 45 degree parking on Belardo Road. These organizations have standing to appeal because they are both aggrieved parties whose property rights and interests will be directly and adversely affected by the Planning Commission's decisions. Both of these appellant groups have met on several occasions with the Developer of the Estrella Inn as well as with representatives from Palm Spring's Planning and Engineering Departments.At a meeting on May 7,2003,these groups reached the following consensus: First,to install curbs and sidewalks on Cahuilla would damage the longstanding rural and historic character of the existing Tennis Club neighborhood.These aspects of the neighborhood's rural,rustic, and village atmosphere are some of the very reasons the small inns in the neighborhood,which total more than 1000 rooms, are so successful. Many of the neighborhood residents have chosen to invest and live in this particular neighborhood for these same reasons.There are no sidewalks on either side of the subject property, and probably never will be due to physical limitations alone. Further,there is very little curb and gutter along this part of Cahuilla Street or within the entire neighborhood.Residents and inns alike prefer the existing conditions, and do not want cement curbs, gutters, or sidewalks installed.The appellants believe that there are other means of making street improvements which address both neighborhood concerns and City engineering concerns of durability,drainage, and flood control. Second, the Estrella Inn should be allowed to install 45 degree parking on Belardo Road in front of its restaurant, for two reasons: 1)because it provides 10-12 additional parking spaces in a neighborhood already heavily impacted with parking concerns;and, 2)because the angled parking would help in the neighborhood's efforts to implement traffic calming measures,by helping slow speeding traffic traveling through the neighborhood.This sort of 45 degree parking has been successfully used on busy Arenas Road and The Plaza,and has now been proposed for Pahn Canyon in front of Fashion Plaza. On June 7,2003,the Palms Springs Design Review Committee determined that sidewalks on Cahuilla would be inappropriate, and ruled that small segments of existing curb and sidewalk should be removed. On June 25,2003,the Pahn Springs Planning Commission overturned the Design Review Committee,requiring cement curbs,parking bays and sidewalks along Cahuilla. The 45 degree parking proposal for Belardo Road was denied by the Design Review Committee.It appeared to the appellants that the discussions at the June 25`h Planning Commission meeting were confusing and disorganized, as discussed in item 2,below. The appellants cite the following grounds for appealing the Planning Commission's decision: 1. The decision violated the Pahns Springs General Plan by not protecting or preserving the historical character of the Tennis Club neighborhood and for failing to develop an alternate treatment to standard engineering solutions of curb,gutter, and sidewalk,that would maintain the neighborhood's character. General Plan Objective 5.16 is to preserve a high quality environment throughout residential neighborhoods; General Plan Objective 5.8 is to engage in the long term preservation of significant architectural,historical, and cultural buildings and neighborhoods; General Plan Policy 5.16.6 states that public improvements (for curb,gutters, sidewalks, etc.) may be modified, where a neighborhood plan has been developed to provide adequate alternative, in order to provide for the maintenance of neighborhood character; General Plan Policy 5.8.4 supports the establishment of historic districts when supported by a suitable concentration of historical structures and by property owners. 2. Procedure and discussions during the Ame 25th Planning Commission meeting were confused and unclear. The paperwork given the Planning Commission did not match the discussion,and the motion made did not speak specifically to the work to be done. A motion was made"as modified"without the modifications being stated for the record. There were inconsistencies and errors.Dimensions stated do not match the actual property dimensions. For example,the City's document refers to an existing 130 foot long segment of sidewalk,but no such length of sidewalk exists on the Estrella property or even anywhere on the City block where the Estrella is located. 3. There is precedence for the appellant's requested modification in the Movie Colony,where the west side of Miraleste is treated with gravel as part of a new development. 4. There is no neighborhood or business support for the Planning Commission's decision.The Estrella Inn developer has made a major investment in the community and has worked diligently with the appellants to reach sensible and aesthetic solutions.The Estrella Inn agrees with the neighborhood appellants'position. 5. Traffic assumptions for Cahuilla that designate it a major"collector"street are based on a 10 year old and incorrect General Plan assumption of 4% growth.Growth in Palm Springs has been only 1% during this period. Cahuilla should not be regarded as a major collector street.It is in fact a narrow street,less than two lanes wide, and partially dirt on this block. The historic inns in the neighborhood are residential in character.Many in fact have long-term residents. There are inns scattered throughout the neighborhood. It is inappropriate and disrespectful to the unique historical character of the neighborhood to determine that Cahuilla or other neighborhood streets should be designated collectors or major streets in an attempt to justify a more commercial treatment of street improvements for Cahuilla than is actually justified or desired by either businesses or residents of the neighborhood. John Wessman has discussed with the neighborhood and the City the possibility of making Cahuilla into a cut- de-sac as part of his pending luxury condominium development at Cahuilla and Barristo. In this case Cahuilla would not even be a through street,much less a"collector"street as designated in the outdated, 10 year old General Plan. In conclusion,the appellants respectfully request that the Planning Commission's decision on the specific street improvements requiring cement curbs and sidewalks for Cahuilla be overturned so that a more creative and neighborhood- compatible alternative may be developed.The appellants also request that the decision against the 45 degree parking plan on Belardo be overturned in the interest of finding a parking solution that maximizes the available parking in the neighborhood while helping calm traffic. On behalf of the Historic Tennis Club Neighborhood Organization and the Historic Tennis Club District Hotel Association,we thank you for processing this appeal and forwarding it to members of the Palm Springs City Council. Sheryl Hamlin,HTCNO Board Member Barbara Proctor,HTCNO Board Member 565 W. Santa Rosa Drive,PS,CA 92262,ph. 318-9344 424 S.Monte Vista Drive,PS,CA 92262,ph.416-4139 Elissa Goforth,HTCDHA Secretary 175 S. Cahuilla,PS, CA 92262, ph 320-9346 Streetscaping in Historic Districts Benefits, Laws and References Preserving historic sites has become a vital mission for municipalities across the country whose leaders realize historic areas drive tourism.And it is no longer acceptable Enlightened merely to preserve only the building. The street and 9 landscaping contribute to the original historic setting. municipalities realize historic districts drive In Palm Springs,we are blessed with many tourism revenue neighborhoods reminiscent of the early to mid-twentieth century,which are reflective of the desert, urban village of Palm Springs' colorful past. These neighborhoods include Las Palmas,The Movie Colony,the Mesa and The Tennis Club, although many other neighborhoods provide excellent examples of their original conditions. Common features of historic neighborhoods are the lack of sidewalks, curbs and concrete coupled with individually designed houses on each lot. It is this lack of structured streetscape that makes the historic neighborhoods interesting to tourists, residents, historians,filmmakers and collectors. The challenge for today's cities is to provide for historic preservation in keeping with contemporary standards of safety and structural engineering. Many cities are updating their municipal codes to incorporate specific design and construction standards that Municipal Codes in provide for natural settings in historic districts. other cities • Peoria,Arizona o Stabilizers are allowed for use in sidewalks and driveways and are specified in the municipal code. • Carlisle, Massachusetts o Using crushed stone with stabilizers for pedestrian and light traffic. • County of Pima,Arizona o Using crushed aggregate with stabilizers for light traffic and dust control Sheryl Hamlin Page 1 August 22, 2003 Streetscaping in Historic Districts Benefits, Laws and References The Palm Springs' General Plan specifically references historic districts, as follows: Objective 5.16 A high quality environment throughout residential neighborhoods Policy 5.16.6 Public improvement requirements (for curbs, gutters, sidewalks, etc.) may be modified,where a neighborhood plan has been developed to provide adequate alternative,to provide for the maintenance of neighborhood character. Palm Springs Municipal Code and Objective 5.8 General Plan Calls for Long-term preservation of significant architectural, historical and cultural buildings and neighborhoods. neighborhood based design standards and Policy 5.8.4 historic preservation Support the establishment of historic districts when supported by a suitable concentration of historic structures and by property owners. The Palm Springs' municipal code 94.02.00.B.3 refers to the general plan: The planning staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Code and the general plan, and shall report the findings of the commission. The Tennis Club neighborhood has consistently reminded city officials of its historic value,while the 6"curbs and concrete driveways and sidewalks specified to the Estrella by the city of Palm Springs ignore the aforementioned statues. Take a drive down Cahuilla,turn west on Monte Vista in back of the Ingleside Inn, drive to the end of Linda Vista and across Patencio to Baristo. Experience the history. Sheryl Hamlin Page 2 August 22,2003 Streetscaping in Historic Districts Benefits, Laws and References The Estrella Inn,which is situated at the gateway of the Historic Tennis Club district,wants to add a few parking spaces on Cahuilla street between Ramon and Baristo. The west side of Cahuilla street contains the Palm Springs Woman's Club, The Villa Serena, The Estrella Inn, a rehab facility and the Ingleside Inn. The parking areas for these public facilities are all asphalt and gravel. The rehab facility has a handicapped accessible spot on the asphalt. There are no sidewalks and curbs. The only concrete is a 20' parking pad on the Estrella's property,which does not transition to the dirt spaces on either side of the pad. On the east side of Cahuilla street are single-family homes streetscaped with dirt, rocks and gravel. There are no sidewalks and curbs from here west to the mountain. The Design review committee recommended a natural solution for the Estrella Inn's parking, including the recommendation that the 20' of existing concrete be removed. Today's issue is not The Planning Director indicated he was aware of ADA isolated nor does it pit compliant solutions with a natural approach. However,the traffic-engineering department has concerns about business against the maintenance, which are unfounded, because the upgrades neighborhood rather it will be on the Estrella property and they will be doing the highlights planning maintenance, not the city. issues in need of Updating There is precedence for a natural solution in Palm Springs. The developer who built new homes on the west side of Miraleste was allowed to forgo concrete sidewalks and curbs to bring the landscaping to the street in a natural solution emulating the rest of the Movie Colony. This was an appropriate decision for this historic district and homes,which are in the gateway to this historic district. The Tennis Club neighborhood would like to see a natural solution without shales, sidewalks or curbs on Cahuilla street.The 6"curbs, concrete sidewalks and driveways specified by the Planning Department are inappropriate for a historic district. There are ample references from cities exhibiting more foot and vehicle traffic for using a natural solution as a durable,ADA compliant technology. Furthermore,the natural solution should be incorporated into the planning process for subsequent projects involving historic districts. Sheryl Hamlin Page 3 August 22, 2003 Streetscaping in Historic Districts Benefits, Laws and References Modern technology has brought new methods of road building that create a natural look, where concrete and curb would violate the historic feeling of the site. The natural look has been embraced by cities hoping to preserve the historic look and feel of a part of cities. Some examples are: Where the natural Central Park and Battery Park—all walking areas solution has been use a natural solution provided by Stabilizer of successfully Phoenix,Arizona. The goal was a durable, Y natural look for high traffic areas. implemented in public spaces • Paul Revere's ride—Buses and tourists pass over stabilized roads daily. The goal was to create a durable, historic look and feel. • The Boulders—Just north of Phoenix,this award- winning development embraces the desert. All roads and driveways are stabilized to create a natural look. • Beach parking lots for Orange County— Walkways and parking lots are being created with the Stabilizer solution. The goal was to preserve the beachfront look while providing additional parking. Pictures are provided in the appendix. • McKee Botanical Gardens, Florida—walking and service vehicle roads (pictures in appendix). The goal was to preserve the look and feel of this 1920's estate and gardens,a major Florida attraction. There are at least five vendors supplying stabilizer solutions, including Stabilizer Solutions,the patent holder. Sheryl Hamlin Page 4 August 22,2003 Streetscaping in Historic Districts Benefits, Laws and References The pictures below show beachfront parking lots in Orange County using the Stabilizer solution. This project is under construction at the present time and is managed and developed by the county of Orange in California. Recent pictures of natural, stabilized , solutions in public places � i The next picture shows the historic McKee botanical garden in Florida. In the middle are the vehicle paths.To the left and right are walking paths. All are stabilized and retain the natural, historical"look and feel"the tourists value. a Lw5tnhillz�?Sb(utfofis 111c. 0t�7 Sheryl Hamlin Page 5 August 22,2003 182 1- r' I , 03j ADnI � a9 0°� &Joys c t7, �hTl "', �212 dr °Ga�h�t H 1 � .. i141nin y An+n 0"cgre PI 360 Ajon t. "A. & �10 palln 8 0 1� t.]f c P1717gs, C,4 r Ovegren jxz P 92262 "44 ic 513 213 013 21S Olv Talal Ar a sp cir C,4 92262 eo" O'l. _P,71 112 �, lbo,, to At' Ist'? Qq figs-2743 1 513 21,1 Berl ara Pr for ,Box 37�� Asa ena 11 c 513 213001 John Jeffrey&Jo Ann Conch 1592 Green Ln Montecito, CA 93108 C. 6, s (< —611>9 Nil 001? 143 0 J\j V(� ,Is-9 ATO GrZ Yee OIjzrl c Cy 4' C'itq 08 o& PROOF OF PUBLICATION This is space for County Clerks Fibng Stamp (2015.5.C.C.P) INo.5624 STATE OF CALIFORNIA - - --- - - NOTIICE OFITY PALM P SPRINGS UBLICHEARING - County of Riverside CITY COUNCIL Case No 5.0909-CUP AnaP eal of Planning Commission action regwr- mq sl improvements, including curb, gutter, sidewal1 ks and connecting pavement and re-can- sideration of theePlanning on Belard s denial of t 45 degree, angled parking on Belardo Road, at the Estrella Inn located at 415 S. Rolando Road, I am a citizen of the United States and a resident of zone R-3, section 15. the County aforesaid; I am over the age of eighteen Name r Appellants:Sheryl Hamlin, Eiissa Goforth and Barbara Proctor years,and not a party to or interested in the Property Owner: KOH Group (Brad Korzen) above-entitled matter.I am the principal clerk of a NOTICE IS HEREBY GIVEN that the City Council t inter of the,DESERT SUN PUBLISHING of the City of Springs,meets California, will hold a p' f the beano al its meeting of September 17, COMPANY a newspaper of general circulation, zoo2. The GiCi Council meeting begins y Halo p002 In the City Council Chamber at City Hall, printed and published in the city of Palm Springs, 320o E. Tahquitz Canyon Way, Palm springs, California. County of Riverside,and which newspaper has been The put pose la the hearings to consider an ap- adjudged anewspaper of general circulation by the pcal of the Planning Commission action requirinq Superior Court of the Count of Riverside State o£ the applicant to install sidewalks, eat curb and p y , utter and connecting pavement at the Estrella California under the date of March 24, 1988. Case -inn as a condition of approval of the Conditions Use Permit to operate a restaurant, bar and spa Number 191236; that the notice,of which the at the Estrella Inn. The appellant Is also request- ing reconsideration of the Planning Commissions, annexed is a printed copy(set in type not smaller denial of 45 degree, angled parking on Belardo I than non pariel,has been published in each regular Road and entire issue of said newspaper and not in any V1CINlTY MAP l supplement thereof on the following dates,to wit: �? dl ' September 6ei srrr: All in the year 2003 I certify(or declare)under penalty of perjury that the T foregoing is true and correct. 9uh SaYOP WIM SPRINGS Dated at Palm Springs,California this---------day �„.Pursua — �--'.T; further tal to Acl section t5 the of the California Envi- rom oF--------September----------------------------2003 ronme en Quality Act,the tproject is exempt from The proposed project Improvements, staff reports and related documents are available for public re- --- - _ _-_--— I view daily, between 8 am and 5 pm at the City of - Palm Springs I the Planning and Zoning a Depart- Signature more, located at 3200 Tahquit2 Canyon Way If any'individual or group challenges the action In court, Issues raised may be limped to only those issues raised at the public hearings described in this notice or in written correspondence at or pri- or to the Council meeting. Notice of Public Hearing is belnq sent to all prap- erty owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be di- rected to Alex Meyerhoff, Principal Planner, De- partment of Planning &Zoning, 760) 323-8245. Patricia Sanders City Clerk