HomeMy WebLinkAbout7/16/2003 - STAFF REPORTS (14) DATE: July 16, 2003
TO: City Council
FROM: Director of Planning and Zoning
CASE NO. 5.0576 - SP-1A - AN APPLICATION INITIATED BY THE CITY OF PALM SPRINGS
FOR:
REVISIONS TO SPECIFIC PLAN #1A, WHICH IS PROPOSED TO CONSIST OF 4
COMPONENTS: THE CANYON SOUTH GOLF COURSE REDESIGN AND CLUBHOUSE
REMODEL, THE INDIAN CANYONS RESORT HOTEL AND SPA LOCATION, EXISTING AND
PROPOSED RESIDENTIAL DEVELOPMENT, AND CONSERVATION/OPEN SPACE;
REDUCTION IN THE PROJECT BOUNDARY BY APPROXIMATELY 20 ACRES AT THE
NORTHEAST CORNER;AND REDUCTION IN THE PROPOSED NUMBER OF UNITS FOR THE
SPECIFIC PLAN BY37 UNITS FORTHE PLANNINGAREA ENCOMPASSING APPROXIMATELY
721 ACRES LOCATED SOUTH OF MURRAY CANYON DRIVE, NORTH OF ACANTO DRIVE,
WEST OFTHE PALM CANYON WASH,AND EAST OF THE SAN JACINTO MOUNTAINS,ZONE
W, W-R-1-B, R-1-B, W-R-1-A, R-1-A, 0-20, U-R, R-2, AND SP-1, PORTIONS OF SECTIONS 34,
35, AND 36.
RECOMMENDATION
The Planning Commission recommends that the City Council recertify the previously certified Final
Environmental Impact Report and Mitigated Negative Declaration for the Canyon Park Resort and
Spa Specific Plan, the EIR Addendum, and approve Amendment to Specific Plan No. 1, for the
planning area encompassing approximately 721 acres located south of Murray Canyon Drive, north
of Acanto Drive, west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W,
W-R-1-B, R-1-B, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Sections 34, 35, and 36.
The application is being initiated by the City of Palm Springs at the request of the Agua Caliente
Development Authority(ACDA) and other property owners.
SUMMARY
The Planning Commission, at its June 25, 2003 meeting, voted 3-0 (3 abstentions, 1 absent) to
recommend approval of the above described project. With regards to the issue of removing the
portion of debris and dirt adjacent to the 131h hole of the Canyon South Golf Course in order to be
in compliance with the Stipulated Judgement, Condition #4 was modified at the request of Agua
Caliente Development Authority and Palm Canyon, LLC. With regards to the property west of
South Palm Canyon Drive located within the Peninsular Bighorn Sheep critical habitat area,
Conditions#5 and#6 were added.All parties have reviewed and are in agreement with the revised
conditions of approval. The Sierra Club submitted three letters, one in support of the Indian
Canyons Resort Hotel concept and two expressing concern with regards to the Monte Soreno
development and the former Alturas development site. It was understood by all interested parties
that additional environmental consideration, particularly with respect to biological resources, is
required for development of the latter two properties. The response to comments with regards to
the Monte Soreno and Alturas development sites will be included under separate cover.
BACKGROUND
The City of Palm Springs has initiated an application for amendments to the General Plan and
Specific Plan#1 A for 721 acres located south of Murray Canyon Drive, north of Acanto Drive,west
1 *3 A
of the Palm Canyon Wash, and east of the San Jacinto Mountains,Zone W,W-R-1-B, R-1-13,W-R-
1-A, R-1-A, 0-20, U-R, R-2, and an overlay of Specific Plan 1 (SP-1).
The Canyon Park Resort and Spa Specific Plan (SP-1) was originally approved on July 19, 1991
and amended on January 19, 1994. The Specific Plan's purpose was to allow the construction of
a destination resort, known as Canyon Park Resort& Spa and establish land use designations for
surrounding properties. The current specific plan area consists of 746 acres southerly of Murray
Canyon Drive, west of the Palm Canyon Wash, north of Acanto Drive, and east of San Jacinto
Mountains. SP-1 included up to 900 residential units, a 400 room resort hotel, including a spa and
fitness complex, an 18-hole championship golf course and clubhouse, and accessory recreational
and commercial facilities. Specific Plan implementation is to be by planned development district
and subdivision maps.
Subsequent to the approval of SP-1 amendments in 1994, Canyon Development (original
developer)abandoned the project. The ACDA acquired the former hotel and existing golf course
site leasehold interests in the SP-1 area, several parcels were acquired by Palm Canyon, LLC,and
several other Indian allottees and private property owners acquired the remaining parcels.
The revisions to the Specific Plan propose to organize the plan into four components: the golf
course redesign and clubhouse remodel, the hotel and spa location, existing and proposed
residential development, and conservation/open space. The entire area will be divided into 7
planning areas, consistent with the previous configuration, except for the reduction by 20 acres in
the northeast cornerof PA-4 deemed to be undevelopable in the Stipulated Judgement.The overall
number of units for the Specific Plan will be reduced by 37 units. The Specific Plan will not change
any land use regulations for the existing and approved single family residential subdivisions.
Table 1: Master Land Use Plan
Planning No. of No. of Units
Area Land Use Acres Units Previously Approved
1 Conservation 207 0 16*
2 Residential 127 326** 629
3 Residential 20 93 93
4 Open Space (Golf Course) 145 —
5 Hotel 13 450 --
6 Residential 178 391 1 559
7 Conservation 31 0 --
TOTALS 721 1260 1297
*Subject to Stipulated Judgement
**Includes units subject to density transfer due to.Conservation designation on 35 acres of a 115 acres holding
GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT
The General Plan Amendment proposes to amend the existing designations west of South Palm
Canyon Drive. The MI5, H30, and PR designations on the west side of South Palm Canyon Drive
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will be removed and replaced with L2 and approximately 35 +/- acres reserved for conservation
purposes. The property at the southeast corner of South Palm Canyon Drive and Murray Canyon
Drive (old Canyon Hotel site) is proposed to be redesignated from M15 to H30, in order to
accommodate up to 450 hotel units. The proposed General Plan Amendments are intended to
decrease the intensity of development west of South Palm Canyon Drive, consistent with the Sierra
Club Stipulated Judgement, and to reflect current development patterns in the area. As a result
of dedicating the approximately 35 acres for conservation,a density transfer of 70 units is proposed
for the properties east of the conservation area.
The Specific Plan Amendment proposes changes which would not result in new significant effects
or increase the severity of previously identified impacts. The amendments will result in an overall
reduction of the intensity of development west of South Palm Canyon Drive and an overall
reduction in the density of development for the Specific Plan area. Development that has occurred
has been entirely consistent with the existing Specific Plan. The proposed amendments serve as
an update to the existing Specific Plan in order to reflect current ownership and development
activity.
ANALYSIS
Canyon Park Resort and Spa Specific Plan #1 is intended to adhere to the goals, policies, and
objectives of the General Plan. SP-1 has clustered density into various development areas to
provide for larger grouping of golf, hotel, and residential uses. Previous amendments were made
to the General Plan as part of the golf course approval. The proposed footprint of the specific plan
area is the same as the previously approved plan, except for the reduction in 20 acres at the
northeast corner, deemed undevelopable by the Sierra Club Stipulated Judgement. The General
Plan and Zoning designations on this parcel are W (Watercourse) and UR (Urban Reserve).
Implementation of the plan is to be by planned development district.
The plan is comprised of four components: the Canyon South Golf Course and Clubhouse, the
Indian Canyons Resort Hotel, residential development,and conservation/open space. The Canyon
South Golf Course and Clubhouse reconstruction projects were both previously approved under
a separate permitting process.
The proposal for the Indian Canyons Hotel is conceptual in nature. The hotel site will be located
on approximately 13.3 acres of property land located at the southeast corner of South Palm
Canyon Drive and Murray Canyon Drive. The dike will be realigned towards the south to match the
existing dike west of South Palm Canyon Drive. The hotel is conceptually planned at 4 to 5 stories,
80 to 100 foot high maximum building height, and compliance with the City's high rise ordinance
with regards to setbacks to adjacent development. The concept drawings in the amended Specific
Plan were prepared for analysis purposes and are included in this action. Prior to approval of the
actual hotel architecture and site plan, a Planned Development District will need to be submitted
for separate review and approval.
The residential component of the plan attempts to tie together the single family residential
development that is already occurring in the area. Residential development will take place primarily
in Planning Areas 2, 3, and 6. Architectural guidelines have been included and area developed
from standards already in place as part of the City's architectural review process for single family
residences in the Specific Plan area. Potential developments will be a mix of individual single family
residences, condominiums, and single family tracts.
The conservation component of the plan totals approximately 238 acres, an increase of 38 acres
over that previously approved. Most of the land reserved for conservation purposes is in the
1� A�
western half of Section 34. There are also approximately 35 acres of land designated for
conservation located southwest of the Canyon Heights development and 31 acres of the Palm
Canyon Wash near the eastern boundary of the Specific Plan.
The proposed Specific Plan reflects current property ownership and development patterns.
Development has followed what was approved in the master plan for the area and therefore, will
be consistent with planned land uses in the area. The proposed amendments have been analyzed
in relation to the Sierra Club and Andreas Palms stipulated judgement, filed with the Riverside
County Clerk on August 18, 1993, and found to be consistent with the terms of the agreement. The
specific plan has been designed to comply with the terms and conditions of the Stipulated
Judgement. Based upon the proposed plan, significant additional environmental protections are
incorporated into the revised Specific Plan. They include the relocated hotel site outside of
Peninsular Bighorn Sheep (PBS) habitat, additional open space in PBS habitat, additional open
space in the Palm Canyon Wash, and reduction of the Specific Plan boundary by approximately
20 acres at the northeast corner.
Trail locations reflect the previous golf course and clubhouse approvals which called for equestrian
trails to go through the golf course and connect to the hotel site. Equestrian easements along the
Palm Canyon Wash will be required to ensure ongoing equestrian access to the Palm Canyon
Wash and an open space easement shall be provided for undeveloped portions of the Palm
Canyon Wash. All easements shall be granted to the City and shall comply with the provisions of
the Stipulated Judgement.
The City has been working with the terms and conditions of the Stipulated Judgement in the
evaluation of proposed projects. The Planning Commission believes that the proposal and
mitigation measures of the EIR Addendum ensure compliance with the Stipulated Judgement. It
is the City's intent to comply with the Stipulated Judgement in its review and approval of all
proposed development projects within SP-1. In fact, the City has required the all projects to be
designed in compliance with the Stipulated Judgement and will continue to add specific conditions
of approval to ensure compliance.
An issue of concern has been how the City plans to address the area west of South Palm Canyon
Drive. The Stipulated Judgment requires that the area located west of the Section 34 mid-section
line be carefully considered. The City fully intends to ensure that the terms and conditions of the
Stipulated Judgment are implemented. To this end, the City has acquired 100 acres of land within
the most critical area already. The City's acquisition of this land covers 100 of the 120 acres
addressed in the Stipulated Judgment. Of the remaining 20 acres, only approximately seven acres
(est.) is developable. The balance is restricted and the City will use its best efforts to see that it
is not developed. Based upon this, the City has acquired approximately 85% of the area located
west of the mid-section line. This represents a substantial effort to acquire restricted areas on
behalf of the City and previous property owner. The proposed Specific Plan includes an additional
35+/- acres reserved for conservation, over and above what is required in the Stipulated
Judgement.
With regards to the treatment of the Palm Canyon Wash, abutting the Canyon South Golf Course
and TTM 30046, a condition of approval has been added which states that the berm near the 13th
hole shall be removed to an ultimate clear width of 285 feet, in accordance with the terms of the
Stipulated Judgement. Written documentation of the improvements and private party agreements
shall be provided to the City prior to issuance of grading permits for the golf course or TTM 30046.
In addition, the sewer line which occurs at the above location shall be re-located or protected in
place, subject to the approval of the City Engineer. The ACDA has submitted a letter dated July 1,
2003 that states their intention to prepare the design, make the required improvements, and
1344V
relocate the City's sanitary sewer line. A copy of the letter is provided as an attachment to this
report however, as of the writing of this report, staff does not know if Palm Canyon, LLC has
agreed to the provisions of the letter.
ENVIRONMENTAL ASSESSMENT
In 1991, the City Council certified a Final Environmental Impact Report (FEIR) for SP-1 and,
subsequently, in 1994, the City Council adopted a Mitigated Negative Declaration for amendments
to SP-1. This EIR Addendum and amendments to the General Plan and SP-1 assessed the
environmental impacts resulting primarily from the relocation of land use designations from the
west side of South Palm Canyon Drive to the east side of South Palm Canyon Drive. The
justification for not preparing a subsequent EIR is provided in the EIR Addendum. The revised
project does not involve:
• substantial changes to the project analyzed in the EIR which would involve new significant
effects on the environment or substantially increase the severity of previously identified
impacts;
• substantial changes with respect to the circumstances under which the project is being
undertaken which would involve new significant effects on the environment not analyzed
in the EIR or substantially increase the severity of previously identified impacts; or
• new information of substantial importance which would involve new significant effects on
the environment not analyzed in the EIR or substantially increase the severity of previously
identified impacts.
The preparation of an EIR Addendum is appropriate if some additions and changes are necessary
but there are no new significant effects, no increase in the severity of impacts, and there is no new
information that was not previously analyzed. The Specific Plan amendment would result in:
• a reduction in overall density of the Specific Plan by 37 units;
• the location of 230 single family residential units west of South Palm Canyon Drive;
• the removal of any hotel, commercial, and restaurant uses from west of South Palm
Canyon Drive; and
• a 38% reduction in the number of trips generated by the project.
All potential impacts were previously analyzed and the impacts associated with the Specific Plan
Amendment will be reduced due to the overall reductio in density, the reduction in intensity of land
uses west of South Palm Canyon Drive, and the increase in lands designated for conservation.The
existing development is consistent with the proposed and existing Specific Plan and therefore,
conditions have not changed. The information in the EIR and subsequent environmental
assessments are consistent and the components of the project are consistent.
The attached document has been prepared utilizing the previous Final Environmental Impact
Report and Negative Declaration for the Canyon Park Resort and Spa. The purpose of the EIR
Addendum is to supplement the FEIR and the 1994 Environmental Assessment contained in SP-1A
by addressing the development impacts caused by the proposed Specific Plan and General Plan
amendments for the entire 721+/- acre area. Final development plans are required to be in
compliance with the Mitigation Monitoring Program prepared for the EIR Addendum. Mitigation
measures from the already certiifed EIR have been pulled forward, and updated in some cases,
to address the impacts from current and potential development. Mitigation measures for
environmental impacts have been called out in the document and also included in the conditions
of approval.
� 3 As
Impacts to biological resources were analyzed through studies completed in September 2002 by
AMEC Earth &Environmental for the golf course and hotel site and Dudek and Associates for TTM
30046. Both studies are included as appendices in the EIR Addendum. Species such as the
Burrowing Owl, Casey's June Beetle, Desert Tortoise, and Peninsular Bighorn Sheep have been
identified as potentially occurring in the project area. However,the proposed amendments will have
similar impacts to those already assessed in the Final EIR. All mitigation from the previous analysis
has been brought forward in the Addendum and any additional mitigation from the recent surveys
has also been incorporated. Therefore, the impacts to biological resources will be reduced by the
mitigation measures included in the Addendum. The comment period for the EIR Addendum
concluded on June 26, 2003.
NOTIFICATION
All property owners within four hundred (400) feet of the subject site and property owners within
the boundaries have been notified. In addition,the EIR Addendum was sent,as a courtesy,to local
utilities, interested parties, and appropriate federal agencies. As of the writing of this report, staff
has received general inquiries from property owners regarding the nature of the amendments and
correspondence from the Sierra Club, which is attached to this report. A community meeting was
also held on March 27, 2003 at the Canyon Country Club golf course clubhouse in order to review
the project with surrounding property owners.The meeting was attended by staff, representatives
of the ACDA, and representatives of Palm Canyon, LLC. Exhibits for the hotel concept and
clubhouse were available for review.The property owners in attendance were given the opportunity
ask questions regarding the proposed amendments and future development in the area. Some
residents expressed concerns regarding traffic and noise.
Director of 0lanning and Zoning
City Manager r"
ATTACHMENTS
1. Vicinity Map and Public Hearing Notice
2. Proposed Specific Plan land use diagram
3. EIR Addendum and revised Specific Plan (under separate cover)
4. Comments regarding EIR Addendum
5. Response to comments (to be included under separate cover)
6. Resolutions
7. Conditions of Approval
CITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
June 25, 2003
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
ROLL CALL Present Present FY 02-03
This Meeting to Date Excused Absences
Philip Klatchko, Chair X 22 2
Jon Caffery, Vice Chair X 20 4
Mark Matthews 19 5
Jon Shoenberger X 22 2
Jerry Grence X 21 3
Dianne Marantz X 22 2
Tracy Conrad X 23 1
STAFF PRESENT:
Douglas R. Evans, Director of Planning &Zoning
Alex Meyerhoff, Principal Planner
Jing Yeo, Associate Planner
Gabriel Diaz, Assistant Planner
Marcus Fuller, Senior Engineer
Michele Boyd, Administrative Coordinator
Chairman Klatchko called the meeting to order at 1:41 p.m.
The June 25, 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., June 20, 2003.
* * * * *
Page 6 of 11
Planning Commission Minutes
June 25, 2003
Case 5.0576 SP-IA—General Plan Amendment and Revisions to Canyon South Specific Plan#1A
—Application by the City of Palm Springs for(A)General Plan Amendments to remove the PR, MI5
and H30 designations west of South Palm Canyon Drive and replace them with L2 (Low Density
Residential 2 units/acre); re-designate 35 acres southwest of the Canyon Heights development
from L2 to C (Conservation); re-designate the southeast corner of South Palm Canyon Drive and
Murray Canyon Drive from M15 (Medium Density Residential 12-15 units/acre) to H30 (High
Density Residential 21-30 units/acre) and (B) Revisions to Specific Plan #1A, which is proposed
to consist of 4 components: the golf course redesign and clubhouse remodel, the hotel and spa
location, existing and proposed residential development, and conservation/open space; reduction
in the project boundary by approximately 20 acres at the northeast corner; and reduction in the
proposed number of units for the Specific Plan by 40 units for the planning area encompassing
approximately 741 acres located south of Murray Canyon Drive, north of Acanto Drive, west of the
Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W, W-R-1-13, R-1-13, W-R-1-A,
R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
Commissioner Caffery abstained due to a conflict of interest as his primary residence is within 400
feet of the subject property.
Commissioner Shoenberger abstained due to a conflict of interest as his law firm represents an
owner of property within the area covered.
Commissioner Marantz abstained due to a conflict of interest as her family's business does
business with the Agua Caliente Development Authority; however, she reported that she was
selected at the December 17, 2002 Planning Commission meeting through a random drawing to
participate for purposes of a quorum.
Commissioners Caffery and Shoenberger left the meeting.
Director reported that all property owners within 400 feet and within the Specific Plan area have
been notified of the public hearing. He clarified that development, architecture, site plans, etc. are
not being submitted for review today—only the General Plan and Specific Plan Amendments. He
stated that the first Environmental Impact Report was completed in 1991 and an additional
environmental document (Environmental Assessment) was produced in 1994 which led to a
mitigated negative declaration. He reported that staff feels that the Addendum before the Planning
Commission today does not differ substantially from past approvals and that the Conservation area
is now 207 acres (increased more than 120 acres since the original approval), leaving 80
developable acres. He stated that the City appreciates the Sierra Club working with staff and the
City Attorney to construct language acceptable to all parties regarding Critical Habitat protection
and reported that staff has submitted additional Conditions of Approval reflecting the most recent
agreement. He also stated that the property developers in the area (Agua Caliente Development
Authority and Palm Canyon, LLC) will have to reach agreement on the Monte Sereno project
regarding the"nose" prior to coming to the City Council for consideration and in conformity with the
Stipulated Judgement from the Sierra Club. He reviewed the aerial map for the Planning
Commission and showed the movement of the hotel site which will cause a significant reduction
of potential impact. He confirmed that the hotel will be required to come before the Planning
Commission as a Planned Development District and has a maximum height on Indian land of 100
/ 1, h9
Page 7 of 11
Planning Commission Minutes `'1
June 25, 2003
feet but, as conceived, architectural height is 90 feet. He reported that value engineering for hotels
will likely require five or six stories to achieve sufficient unit count. He reported that the only access
to the Palm Canyon area is South Palm Canyon Drive and will likely remain the only access for the
foreseeable future but that the overall hydrology plan for the area is to construct a bridge from
Belardo Road once it is improved as a four-lane roadway. He reviewed the amended conceptual
design of the hotel and reported that the design reflects concerns expressed at the most recent
neighborhood meeting.
Chairman Klatchko opened the Public Hearing.
Ms. Nicole Criste, Terra Nova Planning& Research, representing the Agua Caliente Development
Authority, addressed the Planning Commission to thank staff for their hard work in meeting the
planning challenges with this property. She stated that the purpose of the Addendum and General
Plan Amendment is to simplify the future development process. She stated that relocation of hotel
to the old canyon hotel site makes less of an environmental impact. She stated that the Agua
Caliente Band of Cahuilla Indians Tribal Planning Commission requested, at its June 23, 2003
meeting, that the project be required to provide confirmation that the 80-acre "Ganz parcel"
conforms with the Tribal Multi-Species Habitat Conservation Plan. She reported that the Agua
Caliente Development Authority will gladly work with Palm Canyon, LLC. prior to the July 16, 2003
City Council meeting regarding the configuration of the "nose" and grading permits for the golf
course and supported the addition of Condition No. 4 as drafted. She stated that Agua Caliente
Development Authority may ask for Redevelopment Authority assistance regarding the existing
sewer line relocation for that property. She stated that the Agua Caliente Development Authority
is satisfied with all other proposed Conditions of Approval and looks forward to recruiting a hotel
operator for the site.
Mr. Wayne Brechtel, attorney representing the Sierra Club, addressed the Planning Commission
to state that, as per the letter he submitted on June 24, 2003, the Sierra Club supports the Indian
Canyon resort hotel. He stated that he is optimistic that all parties can resolve issues regarding
the Monte Sereno project. He concurred with the recommended Conditions of Approval and stated
that they allow his team to move forward with other parts of the Specific Plan without getting
bogged down on Critical Habitat issues.
Marvin Roos, Mainiero, Smith &Associates, representing the "Ganz" property owners and Palm
Canyon, LLC., addressed the Planning Commission to state that they participated with the Agua
Caliente Development Authority's Planning Firm (Terra Nova) on the Specific Plan Amendments
and support the proposed Conditions of Approval.
There being no further appearances, the Public Hearing was closed.
Commissioner Conrad asked Mr. Brechtel to address a possible fait accompli that the "nose"
property will be designated as Conservation if the General Plan Amendment is approved.
Mr. Brechtel stated that he agrees with the wording and stated that, if a proposal comes forward
for development into Critical Habitat, then environmental work to address Peninsular Bighorn
Sheep issues will be required to be performed at that time.
Director clarified that the General Plan would be changed to show the Specific Plan as single family
/ 3A ?
Page 8 of 11 \~
Planning Commission Minutes
June 25, 2003 �'�Z,
residential with a density transfer but reserving the rights of the Sierra Club to come back to the
City regarding specific project applications and ask for environmental review at that time.
Mr. Dana Prieto, Agua Caliente Development Authority Chairman, addressed the Planning
Commission to state that he is supportive of proposed Condition Nos. 4 and 5. He stated that the
Agua Caliente Development Authority would like to get the project underway soon.
M/S/C (Klatchko/Grence 3-0, 1 sitting abstention, 1 absence, 2 abstentions)to approve subject to
Conditions of Approval in Staff Report and adding Condition Nos. 4 and 5 as submitted and an
additional condition (No. 6)to require documentation that the"Ganz"parcel is in conformance with
the Tribal Multi-Species Habitat Conservation Plan.
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576-SP-1 A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive,
west of the Palm Canyon Wash, east of the San Jacinto Mountains
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of July 16,2003. The City Council meeting begins at 7:00 p.m,in the Council Chamber
at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case 5.0576, an application by the City Pam Springs for General
Plan amendments to remove the PR, M15 and H30 designations west of South Palm Canyon Drive and
replace them with L2(Low Density Residential 2 units/acre). In addition, approximately 35 acres southwest
of the Canyon Heights development will be re-designated from L2 to C(Conservation),and includes a density
transfer of 70 units to adjacent eastern property. In order to accommodate the hotel and spa at the southeast
corner of South Palm Canyon Drive and Murray Canyon Drive, the property is proposed to be redesignated
from MI5(Medium Density Residential 12-15 units/acre)to H30(High Density Residential 21-30 units/acre).
The entire planning area encompasses approximately 721 acres located south of Murray Canyon Drive, north
of Acanto Drive,west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W,W-R-1-B,
R-1-13, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
An amendment to Specific Plan #1A will also be considered. The revised Specific Plan will consist of 4
components: the golf course redesign and clubhouse remodel, the hotel and spa location, existing and
proposed residential development, and conservation/open space. The project boundary will be reduced by
approximately 20 acres at the northeast corner,determined to be undevelopable in the Stipulated Judgment.
The total number of units proposed for the Specific Plan will be reduced by 37 units. Development proposed
in the Specific Plan is consistent with that already occurring in the area.
An Environmental Impact Report and Mitigated Negative Declaration have been previously approved by the
City Council in conjunction with the approval of the Canyon Park Resort and Spa Specific Plan #1A. An
Addendum to the certified Environmental Impact Report has been prepared and will be reviewed by the City
Council at the meeting. Members of the public may view this document in the Department of Planning and
Zoning,City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,and submitwritten comments to the City Clerk
at, or prior to, the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Associate Planner, (760) 323-8245.
PATRICIA A. SANDERS
City Clerk
Ma sr
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CITY OF PALM SPRINGS
CASE NO. 5.0576 - SP-1A
' APPLICANT City of Palm Springs
a I + I I I a MOM i Am AM A An
PLANNING ACRES LAND USE # UNITS
AREA
1 207 Conservation 0
2 127 Residential 326
3 20 Residential 93
4 145 Golf Course 0
& Clubhouse
5 13 Hotel 450
6 178 Residential 391
7 31 Conservation 0
Total 721 1,260*
* Total units reduced from previously approved 1,300.
3 4 7
1 5
2 6 ,
1
6
'a A
w ov
Source: Terra Nova Planning&Research Inc®
Agua Caliente Development Authority Exhibit
L -.4TERRANOVA® Master Land Use iNDIAN
Planning&Research,Inc. City of Palm Springs CANYONS
RESORT PALM SPSINOS
THE LAW O F F I C E S OF
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL &KILPATRICK
A PROFESSIONAL CORPORATION D. Dwight Worden
W.$COTC Williams462 STEVENS AVENUE . SUITE 102 Of Counsel
Tracy R.Richmond SOLANA BEACH . CALIFORNIA 92076
D.Wayne BreChtel [8581 755-6604
FAX [8581 756-5198
Terry Kilpatrick www.solo,alaw.com
Terry M. Gibbs
Malinda R. Dickenson E-Mail dwb&solanalaw coin
June 24, 2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Re: Case 5.0576 SP-LA—General Plan Amendment and Revisions to Canyon South
Specific Plan#IA to: Indian Canyons Resort Hotel
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express support for the City's proposed
General Plan Amendment to have the site for the Indian Canyons Resort Hotel moved east of
South Palm Canyon Drive.
As currently drafted, the General Plan designates the lands west of South Palm Canyon
Drive as the site for the proposed Indian Canyons Resort Hotel. However, if the City approves
the proposed General Plan Amendment, the hotel site will be moved to the southeast corner of
Murray Canyon Drive and South Palm Canyon Drive. The Sierra Club fully supports this
proposal because it moves the hotel out of a sensitive resource area to an area suitable for such
development. The Sierra Club believes that this change, standing alone, is a minor change to the
City's General Plan, that there is no possibility of additional environmental impacts that have not
already been analyzed, and that no additional environmental review is therefore required.
For these reasons, the Sierra Club supports the City's proposal to amend its General Plan
to permit the relocation of the Indian Canyons Resort Hotel to the southeast corner of Murray
Canyon Drive and South Pahn Canyon Drive.
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK, APC
D. WAYNE BRECHTEL
Attorneys for Sierra Club
cc: ACDA
N
THE LAW O F F I C E S OF
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK D. Dwight Worden
A PROFESSIONAL CORPORATION g
W. Scott Williams 462 STEVENS AVENUE . SUITE 102 Of Counsel
Tracy R.Richmond SOLANA BEACH . CALIFORNIA 92075
D. Wayne Breclitel [8581 755-6604
FAX [8581 755-5198
Terry Kilpatrick www.solanalaw.com &Mad dwb@solanalaw.conl
Terry M. Gibbs
Malinda R. Dickenson
June 25, 2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. Talnquitz Canyon Way
Pahn Springs, California 92262
Re: Case 5.0576 SP-IA—General Plan Amendment and Revisions to Canyon South
Specific Plan#IA re: Alturas Subdivision
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express its opposition to the City's proposed
Addendum and General Plan Amendments as they relate to the Alturas subdivision property
located west of South Palm Canyon Drive.' Specifically, to the extent that the Addendum
purports to reaffirm the adequacy of environmental review for any development in this area, the
Addendum is inadequate because it does not examine new information and changed
circumstances concerning Peninsular bighorn sheep (Ovis canadensis) and its habitat.
In October 2000 and February 2001, the United States Fish and Wildlife Service
identified a substantial portion of the proposed development area west of South Palm Canyon
Drive as essential and critical habitat for the survival and recovery of the endangered Peninsular
bighorn sheep ("PBS"). (See, 66 Fed. Reg. 8650, February 1, 2001, and Recovery Plan for
Bighorn Sheep in the Peninsular Ranges dated October 25, 2000.)Any development in this area
would be inconsistent with the critical habitat designation and Recovery Plan and therefore poses
a threat to the continued survival of PBS. The Sierra Club therefore strongly opposes the City's
attempt to authorize development west of South Palm Canyon Drive without first undertaking
adequate environmental review.
The City must prepare a subsequent enviromnental impact report addressing new
information and changed circumstances concerning those areas identified as critical and essential
to the survival of PBS. At a minimum, this means that the City must address how any
development in the project area located west of South Palm Canyon Drive will adversely affect
PBS in that such development is inconsistent with the PBS recovery plan and critical habitat
designation.
'In a separate letter, the Sierra Club has written to indicate its support for the Indian Canyons
Resort Hotel.
K:\Clients\SIECLW\Altuas\LetLers\PlanComm003reAlturas.wpd
June 25, 2003
Page 2
The City's use of an Addendum to analyze the potential impacts of proposed
development in areas that have been identified as critical and essential habitat for an endangered
species violates the California Environmental Quality Act ("CEQA"). An addendum may only
be used where neither of the following conditions exist:
1. Substantial changes have occurred with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
2. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR; or
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR.
(CEQA Guidelines § 15164.)
In this case, all of the above factors exist and the preparation of a subsequent EIR is
therefore required. For example, in October 2000, the U.S. Fish and Wildlife Service designated
much of the area west of South Palm Canyon Drive as essential habitat for the PBS.
Subsequently, the same area was designated as critical habitat. This represents a substantial
change with respect to the circumstances under which development west of South Palm Canyon
Drive is being undertaken, as well as new information that was not known or could not have
been known with reasonable diligence when the project was last subject to environmental
review. Indeed, no mention is made in the original 1991 EIR or the 1994 Environmental
Assessment about the importance of the area as critical and essential habitat for PBS. Instead,
the assumption in the prior environmental documents was that the area was not important habitat
and that any impacts to PBS could be eliminated if the project were simply surrounded by a six-
foot block wall or fence. In other words, the focus in the prior environmental documents was on
eliminating impacts of the project on PBS outside of the project area, not on mitigating on-site
impacts caused by the loss of critical and essential habitat. The realization that the project site
contains critical and essential habitat is a significant change in circumstances and new
information that must be analyzed in a subsequent EIR. This is so because wider CEQA if a
project has the potential to restrict the range of an endangered species, the City must consider the
effect as significant. (CEQA Guidelines § 15065.) In this case, because the City never analyzed
or considered the impact of the loss of critical and essential habitat in the prior environmental
K:\Client\SIECLW\Alturas\Letters\PlanComm003reAlturas wpd
/ ,�
June 25, 2003
Page 3
documents, this significant effect must now be analyzed before the City considers whether or not
to approve the General Plan amendments for the property located within the PBS critical and
essential habitat area.
Another factor that requires the City to prepare a Subsequent EIR is the fact that the
population of PBS has declined precipitously since the original environmental documents were
prepared in 1991 and 1994. For example, there were approximately 400-500 PBS in the United
States in 1991 and 1994. (Recovery Plan at p. 30.) However, by 1998, it was estimated that this
number dropped to 334 animals, or perhaps to as few as 262 animals—reflecting roughly an 18%
to 48% decline of this endangered animal. This is a substantial change in circumstances and new
information that the City must analyze in an updated environmental document.
Finally, another fact that the City must consider is the availability of new telemetry data
concerning the presence of PBS on or near the project site. The Sierra Club understands that
significant new information was recently collected that indicates PBS are present on or near the
project site in greater numbers and on a more frequent basis than previously known. The Siena
Club is in the process of obtaining this information and will supplement these comments on or
before the City Council hearing.
Before approving any amendments to the City's General Plan that would authorize
development west of South Palm Canyon Drive, the City must prepare a subsequent EIR
analyzing the changed circumstances and new information concerning the potential impact of
such development on PBS. Among other things, this means that the City must analyze the
adverse effects that the project will have on PBS in light of the fact that the U.S. Fish and
Wildlife Service has designated the area west of South Palm Canyon Drive as critical and
essential habitat for PBS.
I appreciate your consideration of this matter.
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL &KILPATRICK, APC
P
D. WAYNE BRECHTEL
Attorneys for Sierra Club
DWB:Ig
K:\ClicntsNSIECLWWtLv s\Letters\PlanComm003reAllwas.wpd
' 03 I
T HE L A W O F F I C E S O F
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK
A PROFESSIONAL CORPORATION D. Dwight Worded
W. Scott Williams 462 STEVENS AVENUE . SUITE 102 Of Counsel
Tracy R.Richmond SOLANA BEACH . CALIFORNIA 92075
D.Wayne Brechtel [8681 755-6604
3' FAX [8587 755-5198
Terry Kilpatrick www.solanalaw.com E-Mail dwbnasolaualaw.com
Terry M. Gibbs
Malinda R. Dickenson
June 24, 2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Re: Case 5.0576 SP-IA—General Plan Amendment and Revisions to Canyon South
Specific Plan#IA re: Monte Sereno
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express opposition to the City's proposed
General Plan Amendment as it relates to the Monte Sereno subdivision project.
The Sierra Club previously filed detailed written objections to the City's approval of the
Monte Sereno project in letters dated October 18, 2002 and October 9, 2002. Among other
things, those letters explained why the City's approval of the Monte Sereno project would
violate the California Environmental Quality Act as well as the terms of the Stipulated Judgment
regarding the SP-1 planning area. Those objections are equally applicable to the City's
consideration of the proposed General Plan Amendments because the Amendments are designed
to pern it the continued processing and eventual development of the Monte Sereno project.
Accordingly, the Sierra Club asserts that the City's approval of the proposed General Plan
Amendments would violate CEQA and the Stipulated Judgment, and it the hereby incorporates
its objections set forth in its October 18, 2002 and October 9, 2002 letters. A copy of these
letters are attached.
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL
&KILPATRICK, APPC—
D. WAYNE BRECHTEL
Attorneys for Sierra Club
cc: Kenneth B. Bley
K:\Clients\SIECLNMItnras\Letters\PlanCo=002mMonteSereno doc / ` 0+ /
T HE LAW O F F I C E S O F
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK
A PROFESSIONAL CORPORATION
D. Dwighr Worden
W. $COtC �y✓IIIIan15 462 STEVENS AVENUE . SUITE 102 Of C.OLIIISel
Tracy R. Richmond SOLANA BEACH . CALIFORNIA 92075
D. Wayne Brechtel [S581 755-6604
FAX [8581 765-5198
Terry Kilpatrick www.solanalaw,com
Terry M. Gibbs
VIA FACSIMILE AND OVERNIGHT MAIL
City Council
City of Palm Springs
Office of the City Clerk
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Re: APPEAL OF PLANNING COMMISSION ACTIONS
RECOMMENDING APPROVAL OF THE MONTE SORENO
PROJECT/Environmental Assessment and Mitigated Negative
Declaration, Case 5 08SI-PD-269, TTM 30046, Monte Sereno, Palm
Canyon LLC
Dear City Council:
I am writing,on behalf of the Sierra Club to formally appeal the Planning
Commission actions related to the above referenced project taken on October 9, 2002. A
check in the amount of$325 is enclosed, Although Staff has informed me that the
Planning Commission actions were only advisory, there is some evidence in the City Code
that the decision may be final in some respects, unless appealed. Accordingly, I am
appealing all of the actions. However, if the City determines that an appeal is not
warranted, then please refund the appeal fee.
The Sierra Club is appealing the Planning Commission actions for the reasons set
forth in its letter submitted to the Planing Commission as part of the Record of
Proceedings and which is incorporated herein by this reference. Adoption of the Mitigated
Negative Declaration and approval of the Preliminary Development Plan, Specific Plan
Amendment and Tentative Tract Map violated the California Environmental Quality Act
by failing to adequately address the significant impacts to the Casey's June Beetle and the
Peninsular Bighorn Sheep. The Sierra Club is also concerned that the approval does not
comply with the Sierra Club's Stipulated Judgment with Canyon Development, the City of
Palm Springs and its Redevelopment Agency.
The Sierra Club urges that the City Council set aside all actions taken by the
Planning Commission to avoid violations of State environmental laws and'prevent
irreparable harm to biological resources, and then require preparation of an adequate
Environmental Impact Report to fully disclose the impacts of the project.
K.\C1ienIs151EC1\11Canyon 12ulavtlopmcnt\Lz«ers\Gn'Cuunal mpd doc � 3
Tt j
'!
City Council
City of Palm Springs
October 18, 2002
Page 2
Please let me know when the hearing on this appeal will be held. I am available to
answer any questions or provide additional information, if necessary.
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL& KILPATRICK-; APC
D. WAYNE BRECHTEL
D WB/amh
cc: client
Kt\Ciieni\SIECLNACunyan RodevelapmentvLetlers\Citycauncnl wp&doc
1 I .
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Sierra Club
San Gorgonio Chapter
Sening Rivcrside and San Bernardino Counties
Tahquitz Group • Los Serranos Group
err`
San Bernardino M[ns. Group • Mojave Group
October 2002
Planning Commission
,City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Case 5,0881-PD-269, TTM 30046, Specific Plan Amendment, Initial Study and
Mitigated Negative Declaration, Palm Canyon LLC
Dear Chairman and Commissioners:
I am writing on behalf of the Sierra Club regarding the Planned Development District,
Tentative Tract Map and Specific Plan Amendment for the Palm Canyon LLC Monte
Sereno Subdivision Project ('Project") referenced above. The Project is being processed
as part of the Canyon Resort & Spa Specific Plan as("SP-1"). The Sierra Club urges
denial of the Project at this time. As proposed, the Project would result in significant
environmental impacts that require preparation of a Supplemental or Subsequent
Environmental impact Report ("SIiIR"), rather than the Mitigated Negative Declaration
you are being asked to adopt. The Project would also violate the terms and conditions of
a Stipulated Judgment that governs how development within the SP-1 planning area can
proceed.
Background
SP-1 has a complex history that is important to an understanding of the comments
submitted by the Sierra Club
The SP-1 was originally approved by the City of Palm Springs in 1991. At that time, the
principal Project proponent was Canyon Development, a single, private development
entity. The Sierra Club challenged the original approval, and in August 1993, the
litigation was settled byway of a Stipulated Judgment approved by the Court. The
Stipulated Judgment provided a right to proceed under SP-1 in accordance with certain
terms and conditions, including, among others, very specific flood control measures, time
and method restrictions on construction activities and an obligation to purchase open
space at the west end of the Specific Plan area if feasible. SP-1 was amended in January
�r.
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Planning Commission
City of'Palm Springs
10/9/02
Page 2
1994 to amend and clarify land uses within the Plan Area. The amendment did-not alter
the obligations imposed by the Stipulated Judgment.
Since the 1994 Stipulated Judgment, various new developers, including Palm Canyon
LLC and the Aqua Caliente Development Authority have obtained development rights
previously held by Canyon Development, the original party to the Sierra Club suit. It is
not clear at this point whether these new successors consider themselves bound by the
Stipulated Judgment,
The Project Will Result In Significant Unmitigated Environmental Impacts To Sensitive
And Endangered Species
The Impact Analysis and Mitigated Negative Declaration for this Project are inadequate.
The Project's direct, indirect and cumulative impacts to biological resources and other
resources have not been adequately identified nor have they been mitigated to a level of
insignificance. New information has arisen since the prior environmental review
processes that mandates findings of significance and the preparation of a new EIR
("SEIR") In particular, as proposed, the project has the potential to substantially reduce
the habitat of wildlife species, cause a wildlife population to drop below self-sustaining
levels, threatens to eliminate an animal community, and reduce the number or restrict the
range of rare and endangered animals. See CEQA Guidelines § 15065. These issues are
discussed in more detail below
Casev's June Beetle
The Project site is home to the Casey's June Beetle (CJB), a de facto endangered species
endemic to a limited portion of the Palm Canyon drainage. From all that is known about
its life history and distribution, thiE species meets all the criteria for listing under the
Endangered Species Act It is listed as a "Special Animal" by California Department of
Fish &, Game, and originally it was to be included in the Coachella Valley Multiple
Species Plan Impacts to CJB would be significant under CEQA, and were not analyzed
in environmental review for SP-1 or its amendment.
Studies in recent years have shown the range of CJB to be within about a mile radius of
Smoke Tree Ranch. (7/15/02 AMEC Biological Review for DWA facilities proposed on
Smoke Tree Ranch, enclosed, and MSHCP habitat maps, herein incorporated by
reference, and personal communication with Jim Cornett and members of the Scientific
Advisory Committee for the MSH�CP). Smoke Tree Ranch's open lands were identified
as a preserve for this species in earlier iterations of the CV MSHCP. But CJB and this
potential preserve had been dropped from the current draft because the landowner was
13 *4 ?-Z
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Planning Commission
City of Palm Springs
10/9/02
Page 3
unwilling to sell its lands (Bill Havert, Director Coachella Valley Mtns Conservancy and
preparer of the MSHCP). There is no evidence of protective restrictions or covenants
protecting the lands that were formerly proposed for preserve, and they are currently
zoned for commercial and residential uses. The highway frontage portion of the formerly
proposed reserve is being actively marketed at this time, and in fact the owners recently
asked for, and the City granted, expanded commercial uses on the property.
Although it is conjectured that this species may occur elsewhere, CJB have never been
found outside the Palm Canyon area. According to the wildlife agencies and the AMEC
report,the only places in the Valley where there may be additional potential extant
habitat for CJB would be in Dead Indian Canyon and Deep Canyon in Palm Desert
However, Dead Indian Canyon has been recently surveyed with the correct protocol and
CJB have not been found (personal communication with Cameron Barrows, head of the
Scientific Advisory Committee for the MSHCP). Likewise, the BLM Visitor Center in
Dead Indian Canyon Wash has also recently been surveyed and yielded no CJB (Mark
Fisher, Staff Biologist, Deep Canyon Desert Research Center). Nor have CJB been found
at the Bighorn Institute, also in Dead Indian Canyon Wash (Jim de Forge, Director,
Bighorn Institute). And as regards Deep Canyon, no CJB have been found there in spite
of extensive invertebrate collecting at the LTC Deep Canyon Desert Research Center
("DRDRC"), which occupies all of undeveloped Deep Canyon (Alan Muth, Director,
DCDRC) Nor have CJB been found in the Center's pool (Alan Muth), and pools are an
attractant and a known trap for CBJ (Alan Muth, Cameron Barrows, Jim Cornett and
several UC Riverside entomologists).
The November 2001 biological report for the project confirms that CJB occur onsite
The total known habitat (worldwide) for this species is estimated to be approximately 296
acres, of which the project represents approximately 17%, or 50.49 acres. This species
has been shown to exist only in Palm Canyon and only where cheesebush-dominated
desert creosote scrub habitat occurs. The vast majority of this habitat onsite is intact, but
all of this CJB habitat would be destroyed by the proposed project. This is clearly a
significant impact under CEQA.
The Mitigated Negative Declaration asserts that the payment of"an in-lieu fee of..S600
per acre to the City or the Habitat Conservation entity as designated by the City of Palm
Springs" will render impacts to CJB to a level of insignificance. In the current
administrative draft MSHCP, there is no CJB preserve to which funds may be directed
for acquisition or mitigation, nor his there been any mitigation fee set (personal
communication with Jim Sullivan, Director of Environmental Resources for CVAG, the
lead agency for the MSHCP) The City, as a signatory to the MSHCP MOU, received a
copy of the current administrative draft as well as earlier drafts of the MSHCP, herein
incorporated by reference. Furthermore, there is no evidence that CJB have ever been
found in the Indian Canyons Tribal Park, although the Tribe has commissioned surveys.
13 04 �3
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Planning Commissio n
City of Palm Springs
10/9/02
Page 5
Recovery Plan designated property within the east and west ends of SP-1 as essential
habitat for the Peninsular bighorn. In February 2001, critical habit for the Peninsular
bighorn sheep was designed by the US Fish& Wildlife Service. Again, the east and west
ends of SP-1 were designated as critical habitat for the endangered Peninsular bighorn
sheep. This new and substantial information gives rise to potential impacts to an
endangered species not known or considered when the original environmental
assessments for the SP-1 and its amendment were completed
The biological report and environmental documentation for the project fails to
acknowledge that the project lies in an existing corridor connecting the San Jacinto and
Santa Rosa Mountains. Per multiple discussions in the last three years involving Sierra
Club (Joan Taylor), USFWS (Pete Sorenson, Scott McCarthy and Guy Wagner), CDFG
(Kevin Brennan), City of Palm Springs (Doug Evans), ACBCI (Tom Davis), it has been
acknowledged that currently Peninsular bighorn are crossing between the San Jacinto
Mountains and the Santa Rosa Mountains in the SP-1 area. The most recent evidence of
this use was early last month, September, 2002 as evidenced by fresh droppings on
Garstin Trail (photos enclosed)
Arguably, this Peninsular bighorn corridor connection does not have ideal conditions for
a bighorn corridor, because of two-lane Palm Canyon Drive and the existing golf course,
as well as the approved Specific Plan However, ideal or not, this corridor is still
physically open and is part of the only known connection between these major mountain
ranges and their respective ewe groups. Without connectivity, there will be no gene flow
between these ewe groups. The Recovery Plan for Peninsular bighorn cites maintenance
of genetic variation (gene flow between ewe groups) as a primary goal of the recovery
Ram movement between ewe groups is cited as the primary means of gene flow Loss of
genetic variation makes small populations, such as those in the Peninsular Ranges
bighorn, especially susceptible to extinction. (October, 2000, Recovery Plan for Bighorn
Sheep in the Peninsular Ranges, California, herein incorporated by reference)
Currently, bighorn do have a pattern of successfully using this corridor to maintain
genetic connectivity between these portions of the range(CDFG, USFWS, Bighorn
Institute). This project, along with other projects in the foreseeable future, promise to
completely block this connection by walled developments, increased traffic, roadway
improvements and the like. Until and unless an adequately sized and feasible alternate
corridor for Peninsular bighorn is <secured for the future, impacts to the existing corridor
Sierra Club's earlier litigation did address, to some degree,potential impacts to the Peninsular bighorn
sheep. However, the information discussed in this letter is of a new and different nature not(mown or
anticipated at the time of that litigation. Further. it is not clear that the current developers consider
themselves bound by the earlier Stipulated Judgment. and as such, the Sierra Club raises issues related to
the Peninsular bighorn sheep both in the context as new information not covered by the Stipulated
Judgment and in the context of a project applicant which does not considered itself bound by the Supulated
Judgment.
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Planning Commission
City of palm Springs
10/9102
Page 4
This species is not proposed to be`covered"under the Tribal Habitat Conservation Plan
(Jim Sullivan) either.
The bottom line is that the mere imposition of a fee with no showing that it will actually
prevent a reduction in range or loss of CJB does not mitigate the significant impact
caused by this project and does not satisfy CEQA. Information available to date indicates
that the range for the CJB is very limited, and there is no evidence to support a finding
that the proposed mitigation fee alters that reality. If the Project is allowed to proceed
forward,the result will be a reduction in range and numbers of CJB. Pursuant to CEQA
Guidelines § 15065, a project must be found to have a significant impact if it "has the
potential to. . . reduce the number or restrict the range of an endangered, rare or
threatened species . . .." (emphasis added ) This mandatory finding of significance also
mandates that use of a mitigated negative declaration for the Monte Sereno Project is
inappropriate. An EIR must be prepared.'
Ilb
Peninsular Ranges bighorn sheep.
Potential impacts to the Peninsular bighorn sheep must be addressed in an SEIR The
Initial Study asserts that the project lies '/4 mile outside designated critical habitat for
Peninsular bighorn. Enclosed is a map of critical habitat in the project area It appears
that critical habitat extends into and perhaps across Palm Canyon Wash in the immediate
area, and that the project may; in fact, extend into critical habitat This needs to be
ascertained.
In view of the fact that Peninsular bighorn accessed Palm Canyon immediately adjacent
to the project recently (personal observation, photos of bighorn ewes that came down
Garstin Trail ridge to Palm Canyon Wash 4/01), plus the fact that the City is on notice
that there is a vital Peninsular bighorn corridor in which this project occurs (see below),
plus the fact that the Monte Sereno project site is very likely in critical habitat, impacts to
this endangered species need to be addressed. Instead, the Initial Study and biological
report state that the site lacks activity by this species and that no mitigation is necessary
In 1996, the SP-1 area was identified as part of a corridor for the endangered Peninsular
_.._ __bighorn-rams that iave traveled between the San Jacinto and Santa Rosa mountains This-------
information on the connectivity between bighorn in the two mountain ranges was
obtained by way of data points collected from collared sheep, and was not available until
1995 or 1996 (Jim de Forge, Director, Bighorn Institute), In 1998, the Peninsular bighorn
were listed as an endangered species under the Federal Endangered Species Act. In
November 2000, a final Recovery Plan for the bighorn sheep was approved. The
Potential impacts to the CJB were not Pan of the original Sierra Club Litigation or the resulting Stipulated
Judgment. nor were they something that could have been litigated at the time The threat to this unique and
endangered species did not come to light until after the litigation had been resolved.
/3 ,& 25'
SO 'd HOO= Lo EO-sa-unr
Planning Commission
City of Palm Springs
10/9/02
Page 6
have the potential to restrict the range of this endangered species. As discussed above,
the Trustee Agencies have advised the City that SP-1, as currently proposed, intrudes too
far west into Arenas Canyon alluvial fan to provide an adequate corridor for Peninsular
bighorn.
This corridor use was not known in the early 1990s nor was it analyzed in the review for
SP-1 and its amendment. Nor has it been addressed in the current Impact Analysis and
Mitigated Negative Declaration Even if one were to argue that the impacts of this
individual housing project to this Peninsular bighorn corridor were limited, clearly the
impacts are considerable when considered in content of the effects of past, current and
probable future projects This impact to a listed species warrants the preparation of an
SEIR.
Finally, approval of this part of SP-1 without addressing both the impacts of the Monte
Sereno project itself as well as the provision of an adequate Peninsular bighorn corridor
in the western part of the project does conflict with established plans and policies of
Trustee Agencies with jurisdiction over the project (see below at Land Use Conflicts).
Adequacy and Accuracy of Project Description
Sierra Club is concerned that the entire Project, i.e. development pursuant to SP-1, has
been divided and piecemealed in a manner that is avoiding assessment oFthe Project's
true impacts. Of particular concern, is the failure to consider all projects proposed by
Palm Canyon LLC, including the anticipated subdivision at the western end of the SP-I
area(Alturas), the hotel and golf course project to be developed by the Aqua Caliente
Development Authority, and all other components of SP-1 when considering the Project's
overall environmental impacts. The result is an analysis that minimizes the indirect and
cumulative impacts the Project.
The proposed Project is part of a larger development scheme that has interrelated
components, including flood-control measures, mitigation requirements and common
ownership. Yet the current applicant, Palm Canyon LLC is seeking approval of one
aspect of the project and is limiting all discussion of potential impacts to that element
alone. The potential impacts and mitigation for all projects should be considered in one
document as envisioned by the original and amended Specific Plan and the Stipulated
Judgment. This is appropriate because the impacts and benefits of all SP-1 projects are
part of a common, interrelated development scheme. Without consideration of the
projects together, it is anticipated that the applicant will assert that it will be too
burdensome to require the Alturas project to mitigate for impacts to Peninsular bighorn
sheep. In other words, mitigation that would have been deemed feasible for the larger
project will be deemed too burdensome for the Alturas project alone.
LO "d VE£0= L0 £O-SZ-Unr
Planning Commission
City of Palm Springs
10/9/02
Page 7
Finally, the environmental and planning documents for the Monte Sereno Project conflict
with respect to the number of units actually involved. The Notice of Completion
references 87 residential units. The Negative Declaration refers to 89 residential units.
The Project map refers to 90 residential lots. This issue should be clarified and
confirmed prior to Project approval.
Failure to Comply with the Stipulated Judgment
Overall, the Sierra Club is concerned that the current division of project entitlements and
the manner in which the SP-1 projects are being processed by the City is either
intentionally or negligently subverting the intent and purpose of its Stipulated Judgment
and environmental review requirements of CEQA. In 1993, Sierra Club and other
plaintiffs entered into the Stipulated Judgment with Canyon Development and the City of
Palm Springs and its Redevelopment Agency ("City"). It is Sierra Club's understanding
that the City considers itself bound by the Stipulated Judgment, but that the City's
position is that the Stipulated Judgment may not bind the current successors to Canyon
Development The Sierra Club objects to any attempt by Palm Canyon LLC or any other
successor to avoid the terms of the Stipulated Judgment
When approved by the Court in 1993, the Stipulated Judgment envisioned one overall
development entity assuming responsibility for compliance with settlement terms This
provided some reasonable expectation that the developer would have the financial means
and capacity to carry out important settlement requirements, such as purchase of property
at the western end of SP-1, liquidated damages provisions, etc Currently, the property
entitlements have been divided between at least two different entities. The Sierra Club is
concerned that this may improperly cause portions of the project to be insulated from
responsibilities imposed by the Stipulated Judgment. We are also concerned that this
may artificially and improperly minimize the environmental impacts of projects
authorized by the SP-1.
Among other things, the Stipulated Judgment provided that the original project proponent
Canyon, "use its best efforts to acquire property within the Western Restricted Area,
provided it can acquire the property for fair market value." Judgment, p. 4. At the time
the Stipulated Judgment was entered, Canyon Development was the developer of the
land encompassing the hotel, golf course and Monte Sereno subdivision and other lands
under SP-1
Property within the Western Restricted Area falls within the areas designated as essential
and critical habitat for the Peninsular bighorn sheep. Accordingly, it is extremely
important that the designated property be acquired and preserved as envisioned by the
Stipulated Judgment. Currently, however, there is no indication that the Monte Sereno
developer or Aqua Caliente Development Authority consider themselves bound the
f ' * i4
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Planning Commission
City of Palm Springs
10/9/02
Page 8
Judgment or obligated to participate: in the purchase of property within the Western
Restricted Area Thus, the original intent and purpose of the Judgment is in jeopardy It
is Sierra Club's understanding that.the Monte Sereno developer has an option to purchase
the property in question. The Monte Sereno development should not be approved until
such time as all developers enjoying; the benefits of SP-1 have demonstrated compliance
with the Sierra Club Judgment and a willingness to participate in the purchase and
preservation of property within the western end of SP-I.
The City's application of the Stipulated Judgment provisions appears to be inconsistent.
On the one hand, the City has not required the Project applicant to participate in the
purchase of habitat within the Western Restricted Area. The City has also failed to
require that the applicant comply with the provisions in the Stipulated Judgment related
to construction in or near Palm Canyon Wash and the requirement to provide temporary
equestrian access. The portion of Palm Canyon Wash adjacent to the Project is a main
thoroughfare for a major recreational amenity in the City, Smoke Tree Stables.
Horseback riding is a major marketing tool for the tourism industry in Palm Springs.
Smoke Tree Stables is the only large commercial stable in the City Tens of thousands of
horseback riders a year pass through this part of the Wash(Rod Johnson and KC
Johnson, owners Smoke Tree Stables). Palm Canyon Wash is the main equestrian access
not only for the Indian Canyons,but also for trails in the Santa Rosa Mountains Horses
are unique among domesticated animal, in that flight is their primary survival
mechanism, and if there is massive disturbance in Palm Canyon Wash, especially during
the tourist season, then there will be severe impacts to existing recreational opportunities
Addressing this issue is required under CEQA as well as the Judgment
On the other hand, the City is requiring the applicant to pay its "fair-share contribution"
towards offsite flood control, offsite roadway, and off-site traffic signals which are not
required solely in order to develop this individual project, but are necessary to bring the
balance of SP-1 to fruition As the Impact Analysis and Mitigated Negative Declaration
assert in the case of traffic impacts, the proposed residential project will not create any
traffic hazards, and, in fact, the red-iced land use densities now contemplated along
Bogert Trail in SP-1 may remove the need for formerly warranted new traffic signals
Nevertheless, for purposes of mitigating contemplated overall SP-1 impacts, the City
consistently imposes a fair-share burden of mitigation costs on this individual project,
Monte Sereno The City must require the applicant to comply with all provisions of the
Stipulated Judgment, not just those it deems important.
It is unclear whether the materials proposed for the Palm Canyon flood control levee will
conform with the Stipulated Judgment or not. At one point the Initial Study states that
the flood control analysis recommends compacted fill with concrete erosion protection.
At another it asserts that the levee i.s now proposed as rock-lined with natural plantings
incorporated This needs to be clarified,
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Planning Commission
City of Palm Springs
10/9/02
Page 9
Sierra Club is currently reviewing detailed plans for levee work and reserves its right to
ensure full compliance with the Stipulated Judgment,
Land Use Conflicts
The Initial Study asserts that this project has no impact on policies adopted by agencies
with jurisdiction over the project. This is not the case. This project individually, and the
greater Canyon project of which this is a part, do conflict with the Recovery Plan for
Peninsular bighorn (herein incorporated by reference), Designated Critical Habitat for
Peninsular bighorn, and Essential Habitat for Peninsular bighorn as delineated in the
Recovery Plan and MSHCP process. As stated above, this project is located at the foot of
Garstin Trail ridge which has repeatedly been used in recent years by Peninsular bighorn.
This ridge is at the northernmostextension of the Santa Rosa Mountains directly opposite
the San Jacinto Mountains(BLM Trails Map, enclosed). It is part of a corridor for
bighorn moving between those ewe groups (USFWS, CDFG, Bighorn Institute).
Development of Monte Sereno has the potential to impede this movement. This is a
potentially significant impact to an endangered species which has not been
acknowledged, much less mitigated Moreover, at the build out of SP-1 (of which Monte
Sereno is a part) as proposed with the proposed large hotel and housing, roadway
improvements, and development extending 1/z mile up Arenas Canyon alluvial fan -- a
viable corridor to bighorn movement between the San Jacintos and Santa Rosas would be
entirely blocked (USFWS, CDFG).
We acknowledge that, to address the issue of this now recognized Peninsular bighorn
corridor, the USFWS and CDFG ("Trustee Agencies"), the City, the Aqua Caliente, and
the MSHCP Planners have discussed the potential for Peninsular bighorn to use an
alternate condor, since preservation of this part of the corridor is not promising The
alternate corridor that has been discussed would cross Arenas Canyon alluvial fan in a
north-south direction in order to access the Indian Canyons Park and thereby provide
bighorn access between the San Jacintos and the Santa Rosas. However, the Trustee
Agencies have determined that development on Arenas Canyon fan must be adequately
constrained in order to protect this potential corridor(as well as the Arenas Canyon
habitat itself) As currently configured, SP-1 intrudes into such a corridor and into critical
habitat The maps and supporting documentation for Critical and Essential Habitat for
Peninsular bighorn are hereby incorporated by reference.
The Initial Study for Monte Sereno refers to Palm Canyon LLC's development proposal
for Arenas Canyon alluvial fan(the "Alturas" project TTM 30047). The application for
this project may not be complete, but it has been submitted to the City as part of SP-1,
and would extend well into Critical and Essential Habitat for Peninsular bighorn It
would not only adversely impact Critical Habitat, but also conflict with the Recovery
Plan which mandates preservation of vital habitat and corridors.
13 *+ 1;L4
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Planning Commission
City of Palm Springs
l 0/9/02
Page 10
It is interesting to note that the City regards the Monte Sereno portion of SP-1 as sharing
responsibility for the impacts of the entire SP-1 when it comes to paying for off-site flood
control and off-site roadway and traffic signal improvements. It should be perfectly
understandable, therefore, that Sierra Club regards this portion of SP-1 as sharing
responsibility for the both onsite and off-site impacts of the entire project when it comes
to providing adequate habitat and corridors deemed necessary by the Trustee Agencies
for survival and recovery of endangered Peninsular bighorn.
The City has made it plain that the.:lood control structures required for the development
of the western portion of SP-1 are financially infeasible for the developer of that portion
of the project to bear (Doug Evans, Planning Director). Hence, individual portions of the
project must pay their share of these off-site facilities, even if, as in the case of Monte
Sereno, these facilities are not required to construct and serve the individual project.
Thus, it is clear that this development of this portion of SP-1, which is obligated to fund a
share of off-site costs for infrastructure, actually facilitates the development of the rest of
SP-1.
Cumulative Impacts
Clearly, project impacts to biological resources are cumulatively significant, as outlined
above Not only is SP-1 with its various tracts moving forward, but also individual
housing construction is proceeding forward Please compare photos taken 10/7/02
(enclosed) with photos submitted for the original specific plan.
Other Inadequacies of Biological R.gport
In addition to the deficiencies outlined above, the biological report prepared for the
Monte Sereno Project has other deficiencies, including but not limited to the following
The report's biological resources map shows Palm Canyon Wash as `unvegetated."
Except for the stretch between Bogert Trail Bridge and the drop structure (less than ','<
mile), the wash is dry wash woodland with mature vegetation, a plant community that is
severely depleted in the Coachella Valley. The same map shows the area east of Palm
Canyon Wash as "developed." There is no development east of the project site. There
are roads and an approved subdivision for perhaps ''/a mile north of the bridge, but no
development existing or contemplated for the balance of the project's eastern boundary
(see photos).
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Planning Commission
City of Palm Springs
10/9/01
Page 11
We urge the City to deny the project and order the preparation of an SEIR to address the
above concerns. Thank you for the opportunity to comment on this important project.
Very truly yours,
Joan Taylor, Chairn
Low Desert Issue
sma
1806 S Sunrise Way
Palm Springs, CA 92264
Enclosures Photos of Peninsular bighorn on Garstin Trail ridge 4/10
Photos of site and area from the east 10/02
Photos of fresh bighorn sheep sign on Garstin Trail 9/02
Amec Biological Report 7/02
Land Designation map, 4/01 Indian Canyons Master Plan
Critical Habitat Map for vicinity
13 � 31
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^tip - ----- -v.,mu_rn.0 cinm I II TnA I nAnr WN9 L -/-e/9 -P.nT.-.-
JUN-2d-2003 TUE 03:53 PM AOBOI PLANNING FAX NO. 11 P, 0�
` . . TRIBAL PLANNING , BUILDING €s ENGINCERING
IZ
�~
Juno 24, 2003
Kayor William Kleindienst and Via Facsimile and Hand Delivered
llolm Springs City Council
City of Palm Springs
vk.,i Douglas Evans, Director of Building and Planning
I'1.0. Box 2743
Palm Springs, California 92263
Re: Case Number 5,0576 SP-1A, Revisions to Specific Plan 1A
Dear Mayor Kleindierint and City Council,
The Tribal Council, at their rneeting of June 20, 2003, reviewed the subject case
sand, upon recommendation of the Indian Planning Commission, recommends
nl:)proval of Case No. 5.0576,SP-1A, City of Palm Springs General Plan
Amendment and Revisions to the Specific Plan 1A.
P I oa s e contact me if you hava, any question or require any additional Information.
Apt ytrul y1ours,
�f
G itU ias J. Davis, AICP
ChW Planning Officer
AQUA G ALAENII'E BAND OF
C;AHUILLA INMANS
C; Tribal C:oun6l
MarrlF�re,l F,ark
Dann Prieto
Fred Razz4ir 1
Fill.fe'f"fG'R.""::=I",(Gill.'4 AII-fG'1V/114 KLf:INbICNiiT AN4 C17Y CC7l,1NClI_,Casa�64.W 7G,dac
650 G, '1`nll('II1111, CNWON MW - PAW SPRINGS, CA 9226� � (760) 325.34CO - rh& (760) 325-0593
i
RECEIVED JUN 2 0 2003 Southern California
Gas Company
1981 VV.Lugon a Avenue
Redlands,CA 92374-9720
The Mailing Address,
Gas
PO Box 3003
Company- Redlands,CA 92373-0306
A SempraEnergy°utuity
June 13, 2003
Terra Nova Planning&Research, Inc.
400 South Farrell Drive, Ste. B-205
Palm Springs, CA 92262
Re: Canyon South Specific Plan
Thank you for the opportunity to respond to the above-referenced project. Please note that
Southern California Gas Company has facilities in the area where the above named project is
proposed. Gas service to the project could be provided without any significant impact on the
environment. The service would be in accordance with the Company's policies and extension
roles on file with the California Public Utilities Commission at the time contractual
arrangements are made.
You should be aware that this letter is not to be interpreted as a contractual commitment to serve
the proposed project, but only as an infornational service. The availability of natural gas
service, as set forth in this letter, is based upon present conditions of gas supply and regulatory
policies. As a public utility, The Southern California Gas Company is under the jurisdiction of
the California Public Utilities Commission. We can also be affected by actions of federal
regulatory agencies. Should these agencies take any action, which affects gas supply, or the
conditions under which service is available, gas service will be provided in accordance with
revised conditions.
Typical demand use for:
a. Residential (System Area Average/Use Per Meter)Yearlv
Single Family 799 therms/year dwelling unit
Multi-Family 4 or less units 482 therms/year dwelling unit
Multi-Family 5 or more units 483 therms/year dwelling unit
These averages are based on total gas consumption in residential units served by Southern
California Gas Company, and it should not be implied that any particular home, apartment or
tract of homes will use these amounts of energy.
3 �t 33
r
April 8, 2003
Page 2
b. Commercial
Due to the fact that construction varies so widely (a glass building vs. a heavily
insulated building) and there is such a wide variation in types of materials and, a
typical demand figure is not available for this type of construction. Calculations
would need to be made after the building has been designed.
We have Demand Side Management programs available to connnercial/industrial customers to
provide assistance in selecting the most effective applications of energy of our energy
conservation programs,please contact our Commercial/Industrial Support Center at 1-800-GAS-
2000.
Sincerely,
� � " ¢�!�
Rogelio A. Rawlins
Technical Supervisor
RR/dam
ANIL
AAgua CAiente Devecoynient Authority
AN ENTRY OF THE NGUA CALIENTE BAND OF CAHLIILLA INDIANS
July 1, 2003
Mr. Doug Evans
Director, Department of Planning & Zoning
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
RE: ACDA Commitment to Complete Flood Control Improvements
Dear Doug:
In response to Condition of Approval #4, as included by the Planning Commission in
its approval of June 25, 2003, the Agua Caliente Development Authority (ACDA)
makes the following commitment:
1. ACDA will prepare a design for the widening of the western bank of the
Palm Canyon Wash to a minimum width of 285 feet, and will submit same
to the City Engineer for review and approval. The plans will include
relocation of the currently occurring sanitary sewer line.
2. ACDA will make the required improvements to the Palm Canyon Wash, in
conformance with the approved plans, and complete said improvements
prior to completion of the golf course remodel. The completion of the
improvements will not be tied to any improvements which may be
required of the adjacent Monte Sereno property.
3. ACDA will relocate the City's sanitary sewer line in this area and will seek
financial assistance from the City's Redevelopment Agency (please refer
to attached letter to John Raymond).
Thank you for your continued assistance with this project.
Sincer
Dana Pr" to �
Chairman
Attachment
c: Mr. J. Sanborn, SAE Engineering
Ms. N. Criste, Terra Nova
901 East Tahquitz Canyon Way,Suite B-200• Palm Springs,CA 92262 +Voice 760/325-2279 Fax 760/325-0963^Email: acda@acdows
REVISED 7/10/03
RESPONSE TO COMMENTS
ON THE
ADDENDUM TO THE CANYON PARK RESORT ENVIRONMENTAL IMPACT
REPORT (SCH#91012026)
FOR GENERAL PLAN AMENDMENTS AND REVISIONS TO SPECIFIC PLAN#IA,
NOW KNOWN AS THE CANYON SOUTH SPECIFIC PLAN (Case No. 5.0576)
AGENCY COMMENTS/RESPONSE TO COMMENTS
The Response to Comments on the Addendum to the EIR for the Canyon Park Resort has been
prepared in accordance with Sections 15088, 15089 and 15132 of the California Environmental
Quality Act (CEQA) Guidelines. The following agencies and interested parties have commented
on the Draft EA.
Please note that Section I contains agency commments and subsequent responses. Section II
contains the full text of commenting correspondence.
SECTION 1:
The following comments were received on the Addendum transmitted to various public agencies
and interested parties. These comments concern aspects of the Addendum, including clarification
of information, addition of information, and similar issues. Please note that the only comments
received were all from the same law firm, addressing three separate parts of the Specific Plan.
A. Worden, William, Richmond, Brechtel & Kilpatrick, Indian Canyons Resort
Hotel, June 24, 2003 2
B. Worden, William, Richmond, Brechtel &Kilpatrick, Alturas Subdivision,
June 25, 2003 2
C. Worden, William, Richmond, Brechtel &Kilpatrick, Monte Sereno,
June 24, 2003 5
SECTION II: All letters included in Section I, above, are provided in their original form, in
the following order:
Beginning on page 17
A. Worden, William, Richmond, Brechtel & Kilpatrick, Indian Canyons Resort
Hotel, June 24, 2003
B. Worden, William, Richmond, Brechtel &Kilpatrick, Alturas Subdivision,
June 25, 2003
C. Worden, William, Richmond, Brechtel &Kilpatrick, Monte Serene,
June 24, 2003
TN/City of Palm Springs
Response to Conunents/Canyon Park Resort EIR Addendum
A. Worden,William, Richmond, Brechtel & Kilpatrick, Indian Canyons Resort
Hotel,June 24, 2003
A-1. Comment: As currently drafted, the General Plan designates the lands west of South
Palm Canyon Drive as the site for the proposed Indian Canyons Resort
Hotel. However, if the City approves the proposed General Plan
Amendment, the hotel site will be moved to the southeast corner of Murray
Canyon Drive and South Palm Canyon Drive. The Sierra Club,fully
supports this proposal because it moves the hotel out of a sensitive
resource area to an area suitable for such development. The Sierra Club
fully supports this proposal because it moves the hotel out of a sensitive
resource area to an area suitable for such development. The Sierra Club
believes that this change, standing alone, is a minor change to the
development. The Sierra Club believes that this change, standing alone, is
a minor change to the City's General Plan, that there is no possibility of
additional environmental impacts that have not already been analyzed,
and that no additional environmental review is therefore required.
Response: Comment noted.
B. Worden, William,Richmond, Brechtel & Kilpatrick, Alturas Subdivision, June
25, 2003
B-1. Comment: In October 2000 and February 2001, the United States Fish and Wildlife
Service identified a substantial portion of the proposed development area
west of South Palm Canyon Drive as essential and critical habitat for the
survival and recovery of the endangered Peninsular bighorn sheep
("PBS')...Any development in this area would be inconsistent with the
critical habitat designation and Recovery Plan and therefore poses a
threat tot he continued survival of PBS The Sierra Club therefore strongly
opposes the City's attempt to authorize development west of South Palm
Canyon Drive without frst undertalcing adequate environmental review.
Response: Comment noted. Pages 56 through 60 of the EIR Addendum specifically
address the authority of both the Recovery Plan for the PBS, and the
Tribal Habitat Conservation Plan, which also governs in this area. In
addition, the commentor is aware that at its meeting of June 25, the
Planning Commission added the following mitigation measure and
condition of approval to the project, which he agreed would provide
mitigation for the potential impacts to PBS:
"It is hereby found that the portion of the property described as the area
westerly of South Palm Carryon Drive within the designated critical
habitat area(herein the "Study Area") shall remain undeveloped until
additional environmental analysis can be performed, as to potential
Page 2 of 2
TN/City of Palm Springs
Response to Coimnents/Canyon Park Resort EIR Addendum
impacts to Peninsular Bighorn Sheep (PBS). Although extensive
environmental review has been performed for the project, the Study Area
is especially sensitive and additional review is warranted. This additional
environmental review, which shall be performed before any development
is approved within the Study Area, shall address, at minimum, the
proposed development's potential impact on the PBS Recovery Plan and
potential impacts on designated critical habitat for PBS."
B-2. Comment: The City must prepare a subsequent environmental impact report
addressing new information and changed circumstances concerning those
areas identified as critical and essential to the survival of PBS. At a
minimum, this means that the City must address how any development in
the project area located west of South Palm Canyon Drive will adversely
affect PBS in that such development is inconsistent with the PBS recovery
plan and critical habitat designation.
The City's use of an Addendum to analyze the potential impacts of
proposed development in areas that have been identified as critical and
essential habitat for an endangered species violates the California
Environmental Quality Act("CEQA). An addendum may only be used
where neither of the following conditions exist:
1) Substantial changes have occurred with respect to the circumstances
under which the project is undertaken which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of
previously identified significant effects; or
2) New information of substantial importance which was not known and
could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete shows any of the
following:
(A) The project will have one or more significant effects not
discussed in the previous EIR; or
(B) Significant effects previously examined will be substantially
more severe than shown in the previous EIR.
In this case, all of the above factors exist and the preparation of a
subsequent EIR is therefore required. For example, in October 2000, the
U.S. Fish and Wildlife Service designated match of the area west of South
Palm Canyon Drive as essential habitat for the PBS. Subsequently, the
same area was designated as critical habitat. This represents a substantial
change with respect to the circumstances under which development west
of South Palm Canyon Drive is being undertaken, as well as new
information that was not known or could not have been known with
reasonable diligence when the project was last subject to environmental
review. Indeed, no mention is made in the original 1991 EIR or the 1994
Environmental Assessment about the importance of the area as critical
Page 3 of 3 / 3 0+3 0
TN/City of Palm Sprigs
Response to Comments/Canyon Park Resort EIR Addendum
and essential habitat for PBS. Instead, the assumption in the prior
environmental documents was that the area was not important habitat and
that any impacts to PBS could be eliminated if the project were simply
surrounded by a six-foot block wall or fence. In other words, the focus in
the prior environmental documents was on eliminating impacts of the
project on PBS outside of the project area, not on mitigating on-site
impacts cased by the loss of critical and essential habitat. The realization
that the project site contains critical and essential habitat is a significant
change in circumstances and new information that must be analysed in a
subsequent EIR. This is so because under CEQA if a project has the
potential to restrict the range of an endangered species, the City must
consider the effect as significant. (CEQA (midelines 15065). In this case,
because the City never analyzed or considered the impact of the loss of
critical and essential habitat in the prior environmental documents, this
significant effect must now be analyzed before the City considers whether
or not to approve the General Plan amendments for the property located
within the PBS critical and essential habitat area.
Response: As stated at length on page 6 of the EIR Addendum, the potential impacts
associated with PBS were considered as though the species were listed as
endangered in the original Final EIR, as required by CEQA. The
conditions present at the time of the original enviromnental reviews have
been further analyzed in this EIR Addendum. The potential impacts
associated with PBS are further discussed in the Addendum, including
requirements for compliance with both federal and tribal documents (the
PBS Recovery Plan and Habitat Conservation Plan, respectively). Further,
the Specific Plan Amendment proposed and reviewed as part of this
application does not include a specific project on any portion of those
lands located west of South Palm Canyon Drive. Additional enviromnental
review, including compliance with both the Recovery Plan and the Tribal
Habitat Conservation Plan, is envisioned in the EIR Addendum. Finally,
the addition of the mitigation measure/condition of approval replicated in
Comment B-1, above, assures that further environmental review will be
perfonned when a specific project is proposed for that portion of the plan
area.
B-3. Comment: Another factor that requires the City to prepare a Subsequent EIR is the
fact that the population of PBS has declined precipitously since the
original environmental documents were prepared in 1991 and 1994. For
example, there were approximately 400-500 PBS in the United States in
1991 and 1994. (Recover Plan at p. 30)However, by 1998, it was
estimated that this number dropped to 334 animals, or perhaps to as few
as 262 animals—reflecting roughly an 18% to 48%decline of this
endangered animal. This is a substantial change in circumstances and
new information that the City must analyze in an updated environmental
document.
Page 4of4
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendum
Response: The EIR Addendum includes data and information relating to the listing of
the species as endangered, and the requirements of law regarding impacts,
included in the Recovery Plan. Any project proposed in the future on the
west side of South Palm Canyon Drive will be subject to additional
environmental review. Finally, the addition of the mitigation
measure/condition of approval replicated in Comment B-1, above, assures
that farther environmental review will be performed when a specific
project is proposed for that portion of the plan area.
B-4 Comment: Finally, another fact that the City must consider is the availability of new
telemetry data concerning the presence ofPBS on or near the project site.
The Sierra Club understands that significant new information was recently
collected that indicates PBS are present on or near the project site in
greater numbers and on a more frequent basis than previously known. The
Sierra Club is in the process of obtaining this information and will
supplement these comments on or before the City Council hearing.
Response: Comment noted. The City has not received any of the alleged information,
although such information has been requested in the past from a number of
entities.
B-5 Comment: Before approving any amendments to the City's General Plan that would
authorize development west of South Palm Canyon Drive, the City must
prepare a subsequent EIR analyzing the changed circumstances and new
information concerning the potential impact of such development on PBS.
Among other things, this means that the City must analyze the adverse
effects that the project will have on PBS in light of the.fact that the U.S.
Fish and Wildlife Service has designated the area west of South Palm
Canyon Drive as critical and essential habitat for PBS.
Response: The addition of the mitigation measure/condition of approval replicated in
Comment B-1, above, assures that further environmental review will be
performed when a specific project is proposed for that portion of the plan
area. Further, only a portion of the area referred to is designated critical
habitat, and the majority of the land within the critical habitat boundary is
designated as Conservation on the Specific Plan maps and is publicly
owned.
C. Worden, William, Richmond,Brechtel & Kilpatrick, Monte Sereno, June 24,2003
C-1. Comment: The Sierra Club previously filed detailed written objections to the City's
approval of the Monte Sereno project in letters dated October 18, 2002
and October 9, 2002. Among other things, those letters explained why the
City's approval of the Monte Sereno project would violate the California
Environmental Quality Act as well as the terms of the Stipulated Judgment
regarding the SP-1 planning area. Those objections are equally
applicable to the City's consideration of the proposed General Plan
Page 5of5 ) 3 04 f�
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendmn
Amendments because the Amendments are designed to permit the
continued processing and eventual development of the Monte Sereno
project. Accordingly, the Sierra Club asserts that the City's approval of
the proposed General Plan Amendments would violate CEQA and the
Stipulated Judgment, and it the (sic) hereby incorporates its objections set
forth in its October 18, 2002 and October 9, 2002 letters. A copy of these
letters are (sic) attached.
Response: Comment noted. The specific issues addressed by the commentor are
shown below.
C-2. Comment: The Sierra Club is appealing the Planning Commission actions for the
reasons set forth in its letter submitted to the Planning Commission as
part of the Record of Proceedings and which is incorporated herein by
this reference. Adoption of the Mitigated Negative Declaration and
approval of the Preliminary Development Plan, Specific Plan Amendment
and Tentative Tract Map violated the California Environmental Quality
Act by ailing to adequately address the significant impacts tot he Casey's
June Beetle and the Peninsular Bighorn Sheep. The Sierra Club is also
concerned that the approval does not comply with the Sierra' Club's
Stipulated Judgment with Canyon Development, the City ofPahn Springs
and its Redevelopment Agency.
Response: Comment noted. The current proposed project does not include either the
"Preliminary Development Plan" or the Tentative Tract Map, however, the
EIR Addendum analyses current conditions and project impacts associated
with the construction of single family homes on this site, and includes
extensive biological analysis pertinent to the coimnentor's concerns.
These analyses contain data and information regarding both the Casey's
June Beetle and the Peninsular Bighorn Sheep, and found that potential
impacts to Casey's June Beetle can be mitigated with the imposition of
mitigation measures included in the EIR Addendum. The analyses also
found that there would be no impact to Peninsular Bighorn Sheep from the
development of the proposed housing.
C-3. Comment: Since the 1994 Stipulated Judgment, various new developers, including
Palm Canyon LLC and the Aqua (sic) Caliente Development Authority
have obtained development rights previously held by Canyon
Development, the original party to the Sierra Club suit. It is not clear at
this point whether these new successors consider themselves bound by the
Stipulated Judgment.
Response: The commentor is incorrect. Both the Agua Caliente Development
Authority and Palm Canyon LLC have stated directly to the commentor
their intent to abide by the development requirements of the Stipulated
Judgment, on more than one occasion. Additionally, the City fully intends
to comply with the Stipulated Judgment in review and actions in this area.
Page 6 of 6 A � �/
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendmn
The plans currently proposed within the Specific Plan Amendment all
reflect this intention, and conform to the Stipulated Judgment.
C-4. Commentl: The Project site is home to the Casey's June Beetle (CJB), a de facto
endangered species endemic to a limited portion of the Palm Canyon
drainage. From all that is known about its life history and distribution,
this species meets all the criteria for listing under the Endangered Species
Act. It is listed as a "Special Animal"by California Department of Fish &
Game, and originally it was to be included in the Coachella Valley
Multiple Species Plan. Impacts to the CJB would be significant under
CEQA, and were not analyzed in environmental review for SP-1 or its
amendment.
Studies in recent years have shown the range of CJB to be within a mile
radius of Smoke Tree Ranch....Smoke Tree Ranch's open lands were
identified as a preserve far this species in earlier iterations of the CV
MSHCP. But CJB and this potential preserve had been dropped from the
current draft because the landowner was unwilling to sell its lands...There
is no evidence ofprotective restrictions or covenants protecting the lands
that were,formerly proposed for preserve (sic), and they are currently
zoned for commercial and residential uses...
Although it is conjectured that this species may occur elsewhere, CJB
have never been found outside the Palm Canyon area. According to
wildlife agencies and the AMEC report, the only places in the Valley
where there may be additional potential extant habitat,for CJB would be
in Dead Indian Canyon and Deep Canyon in Palm Desert. However, Dead
Indian Canyon...Deep Canyon (have both been surveyed and)...no CJB
have been found...
The November 2001 biological report for the project confirms that CJB
occur onsite. The total known habitat (worldwide)for this species is
estimated to be approximately 296 acres, of which the project represents
approximately 17% or 50.49 acres...The vast majority of this habitat
onsite is intact, but all of this CJB habitat would be destroyed by the
proposed project. This is clearly a significant impact under CEQA.
The Mitigated Negative Declaration asserts that the payment of"an in-
lieu fee of$600 per acre to the City or the Habitat Conservation entity as
designated by the City of Palm Springs"will render impacts to CJB to a
level of insignificance...
...If the Project is allowed to proceed forward, the result will be a
reduction in range and numbers of CJB. Pursuant to CEQA Guidelines
Please note that the comment has been abridged, due to its length. The entire comment,
which consists of 2 pages of text, is included in its entirety in the attached letter.
Page 7 of 7 ) �j ��
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendmn
15065, a project must be found to have a significant impact if it "has the
potential to...reduce the number or restrict the range of an endangered,
rare or threatened species... "(emphasis added.) This mandatory finding of
significance also mandates that use of a mitigated negative declaration for
the Monte Serene Project is inappropriate. An EIR must be prepared...
Response: The CJB is not listed as endangered, rare or threatened by either the U. S.
Fish and Wildlife Service or the California Department of Fish and Game.
In materials submitted by the Sierra Club to the City prior to the Planning
Commission meeting of December 17, 2002 for the Canyon South Golf
Course remodelling project, a"Letter Report of Habitat Evaluations for
Palm Springs June Beetle," dated 03 April 1997, and prepared by Frank T.
Hovore, an acknowledged expert in the field was included. Page 3 of this
report states:
"Habitat areas around the northern margin of the airport(see map). A
number of habitat patches persist in this area, the most extensive of which
lie along the Whitewater river channel,parallel to the airport
alignment...The PSJB was taken at a locality near Highway I I I on Alejo
Drive in the 1980's, and so may yet occur in one or more of these areas..."
(emphasis added)
This information contradicts the commentor's assertion regarding the
limitation of habitat areas potentially associated with the CJB.
However, in continuing negotiations between Palm Canyon LLC and the
Sierra Club (June 2003), the two parties have come to agreement in
principle to provide the following mitigation measures to mitigate the
potential impacts associated with CJB on the Monte Serene, site.
1. The payment of a$600 per acre fee to the City, for the purchase of
open space/conservation lands, as previously included in the Mitigated
Negative Declaration; and
2. The payment of an in-lieu fee of$85,000 total to the City or other
conservation entity, for the express purpose of purchasing CJB habitat
off-site of the Monte Serene,project.
Item 1 is hereby added to the mitigation measures in the EIR Addendum,
page 60, as items 8, under the section labeled "Monte Sereno Parcel." The
private agreement between Palm Canyon LLC and the Sierra Club will
provide additional funding to help reduce impacts to CJB.
C-5 Commentz: Potential impacts to the Peninsular bighorn sheep must be addressed in
an SEIR. The Initial Study asserts that the project lies 114 mile outside the
2 Please note that the comment has been abridged, due to its length. The entire comment,
which consists of 2 pages of text, is included in its entirety in the attached letter.
Page 8 of 8 ' 3
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendum
designated critical habitat,for the Peninsular bighorn...It appears that
critical habitat extends into and perhaps across Palm Canyon Wash in the
immediate area, and that the project may, in fact, extend into critical
habitat. This needs to be ascertained....
In view of the fact that Peninsular bighorn accessed Palm Canyon
immediately adjacent to the project recently...plus the fact that the City is
on notice that there is a vital Peninsular bighorn corridor in which this
project occurs...plus the fact that the Monte Serene project site is very
likely in critical habitat, impacts to this endangered species need to be
addressed...
In 1996, the SP-1 area was identified as part of a corridor for the
endangered Peninsular bighorn rams that have traveled between the San
Jacinto and Santa Rosa Mountains...In 1998, the Peninsular bighorn were
listed as an endangered species tinder the Federal Endangered Species
Act. In November, 2000, a final Recovery Plan for the bighorn sheep was
approved. The Recovery Plan designated property within the east and
west ends of SP-1 as essential habitat for the Peninsular bighorn. In
February 2001, critical habit (sic)for the Peninsular bighorn sheep was
designated by the US Fish & Wildlife Service. Again, the east and west
ends of SP-1 were designated as critical habitat for the endangered
Peninsular bighorn sheep. This new and substantial information give rise
to potential impacts to an endangered species not known or considered
when the original environmental assessments for the SP-1 and its
amendments were completed...
The biological report and environmental documentation for the project
fails to acknowledge that the project lies in an existing corridor
connecting the San Jacinto and Santa Rosa Mountains....
Arguably, this Peninsular bighorn corridor connection does not have ideal
conditions for a bighorn corridor, because of two-lane Palm Canyon
Drive and the existing golf course, as well as the approved Specific Plan...
...Until and unless an adequately sized and feasible alternate corridor for
peninsular bighorn is secured for the future, impacts to the existing
corridor have the potential to restrict the range of this endangered
species. As discussed above, the Trustee Agencies have advised the City
that SP-1, as currently proposed, intrudes too far west into Arenas
Canyon alluvial fan to provide an adequate corridor for Peninsular
bighorn....
Page 9 of 9 #J44
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendum
Response: The designation of critical habitat does not occur on the proposed Monte
Sereno property, or on the adjacent wash 3. The critical habitat designation
applies to lands at or above the toe of slope, which occurs outside the golf
course boundary several hundred feet.
There is no recognized corridor for bighorn sheep in or adjacent to the
project site. There is no mention of a corridor within the Specific Plan
boundary in the Recovery Plan. The California Department of Fish and
Game has previously so stated 4. The Final Draft Tribal Habitat
Conservation Plan for the Aqua Caliente Indian Reservation shows a
Migration Corridor one mile south of the Specific Plan area, in the
northeast corner of Section 1, TAS., RA S. This corridor, because of its
elevated terrain and isolation, is a safer and more appropriate location for
sheep migration.
C-6 Comment: Sierra Club is concerned that the entire Project, i.e. development pursuant
to SP-1, has been divided and piecemealed in a manner that is avoiding
assessment of the Project's true impacts. Of particular concern, is the
failure to consider all projects proposed by Palm Canyon LLC, including
the anticipated subdivision at the western end of the SP-1 area (Alturas),
the hotel and golf course project to be developed by the Aqua (sic)
Caliente Development Authority, and all other components of SP-1, when
considering the Project's overall environmental impacts. The result is an
analysis that minimizes the indirect and cumulative impacts the Project
(sic).
Response: Palm Canyon LLC proposes no other project within the Specific Plan area,
other than the Monte Serena project. Its map for the Alturas subdivision
has been withdrawn, and it holds no option or interest in that property at
this time. As stated in response to comment B-1, above, the development
of lands on the west side of South Palm Canyon Drive will be subject to
further environmental review when specific projects are proposed.
The original approval of SP-1 was under the control of a single developer.
That developer was never able to perform, and the properties encompassed
in the Plan were returned to the original owners. Individual property
owners have since made applications to the City for various projects. The
City has processed, as it is required to do, development proposals for
single family homes and residential tracts, utilizing the certified 1991 EIR
as "earlier analyses used," as allowed under CEQA. This EIR Addendum
takes into account all known projects at this time, and demonstrates that
the impacts associated with the Specific Plan amendment will be reduced
as compared to those originally analysed. Circumstances associated with
3 Verbal Communication between James Bartel,Peter Sorensen,Guy Wagner,Doug Evans, October 29,
2002.
4 Letter from Alan Pickard,California Department of Fish and Game,dated November 26,2002.
Page 10 of 10 I 4 d ��
TN/City of Palm Springs
Response to Continents/Canyon Park Resort EIR Addendum
the subject property have not significantly changed since the original
development approval.
The City's review of all projects under the Specific Plan includes
requirements for the coordination of flood control improvements to assure
interconnectivity, the application of mitigation measures in the certified
EIR, and the implementation of the mitigation monitoring programs
previously approved and adopted for the project.
C-7 Comment: Finally, the environmental and planning documents for the Monte Sereno
Project conflict with respect to the number of units actually involved. The
Notice of Completion references 87 residential units. The Negative
Declaration refers to 89 residential units. The Project map refers to 90
residential lots. This issue should be clarified and confirmed prior to
Project approval.
Response: The Specific Plan Amendment allows up to 90 units on the Monte Sereno
parcel. The Tract Map, when approved, may contain fewer units,
depending on project design, but may not exceed that number without an
amendment to the Specific Plan, once approved.
C-8 Comment: Overall, the Sierra Club is concerned that the current division of project
entitlements and the manner in which the SP-1 projects are being
processed by the City is either intentionally or negligently subverting the
intent and purpose of its Stipulated Judgment and environmental review
requirements of CEQA. In 1993, Sierra Club and other plaintiffs entered
into the Stipulated Judgment with Canyon Development and the City of
Palm Springs and its Redevelopment Agency ("City'). It is Sierra Clubs
understanding that the City considers itself bound by the Stipulated
Judgment, but that the City's position is that the Stipulated Judgment may
not bind the current successors to Canyon Development. The Sierra Club
objects to any attempt by Palm Canyon LLC or any other successor to
avoid the terms of the Stipulated Judgment.
Response: Please see response to comment C-3, above.
C-9 Comment: Among other thugs, the Stipulated Judgment provided that the original
project proponent Canyon "use its best efforts to acquire property within
the Western Restricted Area,provided it can acquire the property for fair
market value.:...At the time the Stipulated Judgment was entered, Canyon
Development was the developer of the land encompassing the hotel, golf
course and Monte Sereno subdivision and other lands under SP-1.
Property within the Western Restricted Area falls within the areas
designated as essential and critical habitat for the Peninsular bighorn
sheep. Accordingly, it is extremely important that the designated property
be acquired and preserved as envisioned by the Stipulated Judgment.
Page 11 of 11 J 3 A
VIP
TN/City of Palm Springs
Response to Comments/Carryon Park Resort EIR Addendum
Currently, however, there is no indication that the Monte Sereno
developer or Aqua (sic) Caliente Development Authority consider
themselves bound the (sic)Judgment or obligated to participate in the
purchase of property within the Western Restricted Area. Thus, the
original intent and purpose of the Judgment is in jeopardy. It is Sierra
Club's understanding that the Monte Sereno developer has an option to
purchase the property in question. The Monte Sereno development should
not be approved until such time as all developers enjoying the benefits of
SP-1 have demonstrated compliance with the Sierra Club Judgment and a
willingness to participate in the purchase and preservation ofproperty
within the western end of SP-1.
Response: The cornmentor is incorrect. First, Palm Canyon LLC no longer holds an
option for the property referred to. Second, as the commentor is well
aware, the vast majority of the land in the western restricted area has been
secured as open space. Of the original 120 acres required under the
Judgment, only 20 acres remain in private ownership. Third, the balance
of the property owners in the projects will not benefit fiom the proposed
density bonus placed on the west side property. Only the eventual
developer of that property will be able to take advantage of this incentive.
And finally, the proposed Specific Plan Amendment includes 38 acres
more in conservation than the existing Specific Plan, or a 19% increase in
conservation lands. The developers within the Specific Plan area have
demonstrated that the intent and purpose of the Stipulated Judgment have
been maintained consistently since the 1994 judgment.
C-10 Comment: The City's application of the Stipulated Judgment provisions appears to be
inconsistent. On the one hand, the City has not required the Project
applicant to participate in the purchase of habitat within the Western
Restricted Area. The City has also failed to require that the applicant
comply with the provisions in the Stipulated Judgment related to
construction in or near Palm Canyon Wash and the requirements to
provide temporary equestrian access. The portion of Palm Canyon Wash
adjacent to the Project is a main thoroughfare for a major recreational
amenity in the City, Smoke Tree Stables. Horseback riding is a major
marketing tool for the tourism industry in Palm Springs. Smoke Tree
Stables is the only large commercial stable in the City. Tens of thousands
of horseback riders a year pass through this part of the Wash...Palm
Canyon Wash is the main equestrian access not only for the Indian
Canyons, but also for trails in the Santa Rosa Mountains. Horses are
unique among domesticated animal(sic), in that flight is their primary
survival mechanism, and if there is massive disturbance in Palm Canyon
Wash, especially during the tourist season, then there will be severe
impacts to existing recreational opportunities. Addressing this issue is
required under CEQA as well as the Judgment.
Page 12 of 12 *4 T
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendmn
Response: The commentor is incorrect. As the commentor well knows, the Specific
Plan includes a comprehensive system of trails, including trails through
the Carryon South Golf Course to access the riding trails to the south and
west. The Golf Course Remodeling project was conditioned to provide
such a trail. Both the Agua Caliente Development Authority and Palm
Canyon LLC will complete their required flood control improvements
within the development requirements of the Stipulated Judgment, as
previously stated. Should construction activities result in a temporary re-
routing or blockage of access for equestrian activities, it would represent
only a temporary and insignificant impact.
C-11 Comment: On the other hand, the City is requiring the applicant to pay its 'fair-
share contribution"toward offsite flood control, offsite roadway, and off-
site traffic signals which are not required solely in order to develop this
individual project, but are necessary to bring the balance of SP-1 to
,fruition. As the Impact Analysis and Mitigated Negative Declaration
assert in the case of traffic impacts, the proposed residential project will
not create any traffic hazards, and, in fact, the reduced land use densities
now contemplated along Bogert Trail in SP-I may remove the need for
formerly warranted new traffic signals. Nevertheless,for purposes of
mitigating contemplated overall SP-1 impacts, the City consistently
imposes a fair-share burden of mitigation costs on this individual project,
Monte Sereno, The City must require the application to comply with all
provisions of the Stipulated Judgment, not just those it deems important.
Response: The commentor is incorrect. The application of fair-share fees is, by
definition,based on the individual impacts of each project. The application
of impact fees has been consistent within the Specific Plan boundary, and
has been lowered in the EIR Addendum, based on the lowered impacts
associated with buildout of the Plan. The City is continuing to use the
most recent information to establish and enforce the fair-share
requirements for all projects within the Specific Plan area and the South
Palm Canyon area as a whole.
C-12 Comment: It is unclear whether the materials proposed for the Pabn Canyon flood
control levee will conform with the Stipulated Judgment or not. At one
point the Initial Study states that the flood control analysis recommends
compacted fill with concrete erosion protection. At another, it asserts that
the levee is now proposed as rock-lined with natural plantings
incorporated. This needs to be clarified.
Response: The complete description of all flood control facilities is included on
pages 44 through 51 of the EIR Addendum. The system is designed to
integrate all lands within and outside the Specific Plan which contribute to
flood flows in the area. The specifics of each portion of the design,
including the rock-lined channel with natural plantings incorporated, will
both conform to the development restrictions of the Stipulated Judgment,
Page 13 of 13 VV
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendum
and the standards of the City's Engineering Department and/or Riverside
County Flood Control and Water Conservation District, as applicable.
Final designs will be reviewed as projects are submitted and fully
engineered.
C-13 Comment: The Initial Study asserts that this project has no impact on policies
adopted by agencies with jurisdiction over the project. This is not the case.
This project individually, and the greater Canyon project of which this is a
part, do conflict with the Recovery Plan for Peninsular bighorn (herein
incorporated by reference), Designated Critical Habitat for Peninsular
bighorn, and Essential Habitat for Peninsular bighorn as delineated in the
Recovery Plan and MSHCP process. As stated above, this project is
located at the foot of Garstin Trail ridge which has repeatedly been used
in recent years by Peninsular bighorn. This ridge is at the northernmost
extension of the Santa Rosa Mountains directly opposite the San Jacinto
Mountains...It is part of a corridor for bighorn moving between those ewe
groups...Development of Monte Sereno has the potential to impede this
movement. This is a potentially significant impact to an endangered
species which has not been acknowledged, much less mitigated. Moreover,
at the build out of SP-1 (of which Monte Sereno is a part) as proposed
with the proposed large hotel and housing, roadway improvements and
development extending 112 mile up Arenas Canyon alluvial fan—a viable
corridor to bighorn movement between the San Jacinto and Santa Rosa
would be entirely blocked.
Response: Please see responses to comments 13-1 and C-5, above. The Specific Plan
Amendment acknowledges the jurisdiction of the Recovery Plan over the
lands to the west of South Palm Canyon Drive, and ensures further
environmental review. There is no corridor within or adjacent to the
Specific Plan boundary. It is located one mile to the southeast.
C-14 Comment: We acknowledge that, to address the issue of this now recognized
Peninsular bighorn corridor, the USFWS and CDFG("Trustee
Agencies'), the City, the Aqua (sic) Caliente, and the MSHCP Planners
have discussed the potential for Peninsular bighorn to use an alternate
corridor, since preservation of this part of the corridor is not promising.
The alternate corridor that has been discussed would cross Arenas
Canyon alluvial fan in a north-south direction in order to access the
Indian Canyons Park and thereby provide bighorn access between the San
Jacintos and the Santa Rosas. However, the Trustee Agencies have
determined that development on Arenas Canyon fan must be adequately
constrained in order to protect this potential corridor(as well as the
Arenas Canyon habitat itseN. As currently configured, SP-1 intrudes into
such a corridor and into critical habitat. The maps and supporting
documentation for Critical and Essential Habitat for Peninsular bighorn
are hereby incorporated by reference.
Page 14 of 14
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendum
Response: The Monte Sereno project does not occur on the portion of the Specific
Phan located in the Arenas Canyon alluvial fan area. As previously stated,
the corridor proposed in the Tribal HCP, not in the Recovery Plan, occurs
southerly and westerly of the Specific Plan area. See response to comment
B-1.
C-1 S Comment: The Initial Study for Monte Sereno refers to Palm Canyon LLC's
development proposal far Arenas Canyon alluvial fan (the Alturas project
TTM 30047). The application for this project may not be complete, but it
has been submitted to the City as part of SP-1, and would extend well into
Critical and Essential Habitat for Peninsular bighorn. It would not only
adversely impact Critical Habitat, but also conflict with the Recovery Plan
which mandates preservation of critical habitat and corridors.
Response: As previously stated, the Alturas subdivision has been withdrawn. Also
see response to comment B-1.
C-16 Comment: It is interesting to note that the City regards the Monte Sereno portion of
SP-1 as sharing responsibility for the impacts of the entire SP-1 when it
comes to paying for off-site flood control and off-site roadway and traffic
signal improvements. It should be perfectly understandable, therefore, that
Sierra Club regards this portion of SP-1 as sharing responsibility for the
both (sic) onsite and off-site impacts of the entire project when it comes to
providing adequate habitat and corridors deemed necessary by the
Trustee Agencies for survival and recovery of endangered Peninsular
bighorn.
The City has made it plain that the flood control structures required for
the development of the western portion of SP-1 are financially infeasible
for the developer of that portion of the project to bear...Hence, individual
portions of the project must pay their share of these off-site facilities, even
if, as in the case of Monte Sereno, these facilities are not required to
construct and serve the individual project. Thus, it is clear that this
development of this portion of SP-1, which is obligated to fund a share of
off-site costs for infrastructure, actually facilitates the development of the
rest ofSP-1.
Response: The commentor misunderstands the principles of fair-share cost allocation.
The flood control improvements needed for this area of the City(not only
within the Specific Plan boundary) impact a number of properties. The
City has recently retained the services of an engineering firm to determine
the share of all developments within the watershed as relates to flood
control improvements. Monte Sereno, as with other projects in the area,
will be assessed based on its direct impacts to the flood control system in
the area. Since the California Department of Fish and Game and the US
Fish and Wildlife Service have stated that no bighorn corridor exists in
this area, and since Monte Sereno will not have any impacts on bighorn
Om
Page 15 of 15 11304
13 4 S 11
TN/City of Palm Springs
Response to Continents/Canyon Park Resort EIR Addendum
sheep, as previously stated, Monte Sereno should not be required to
contribute to the mitigation of any impacts to PBS.
C-17 Comment: In addition to the deficiencies outlined above, the biological report
prepared for the Monte Sereno Project has other deficiencies, including
but not limited to the following. The report's biological resources map
shows Palm Canyon Wash as "unvegetated. "Except for the stretch
between Bogert Trail Bridge and the drop structure (less than 114 mile),
the wash is dry wash woodland with mature vegetation, a plant community
that is severely depleted in the Coachella Valley. The same map shows the
area east of Palm Canyon Wash as "developed. " There is no development
east of the project site. There are roads and an approved subdivision for
perhaps 114 mile north of the bridge, but no development existing or
contemplated for the balance of the project's eastern boundary.
Response: Comment noted. The EIR Addendum correctly identifies the dry wash
area adjacent to the project, and mitigates for its loss. A small portion of
the area immediately east of the wash is developed with a road and
development pads, and has been disturbed so that it cannot be considered
to be in its natural state. The remaining area east of the subject property is
undeveloped and cannot be developed.
Page 16 of 16 h ��
TN/City of Palm Springs
Response to Comments/Canyon Park Resort EIR Addendmn
SECTION II
A. Worden, William, Richmond, Brechtel & Kilpatrick, Indian Canyons Resort
Hotel, June 24, 2003
B. Worden, William, Richmond, Brechtel & Kilpatrick, Alturas Subdivision,
June 25, 2003
C. Worden, William, Richmond, Brechtel & Kilpatrick, Monte Serene,
June 24, 2003
13A5-z
Page 17 of 17
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li•rry Kilpntriok www.noronalaw.com
1i-rry M.Cik1-
WIM1e R. Dickolson F-Muil d.b(i4olanalaw.com
June 24,2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,California 92262
Re: Case 5.0576 SP-LA—General Plan Amendment and Revisions to Canyon South
Specific Plan#1 A re:Indian Canyons Resort Hotel
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express support for the City's proposed
General Plan Amendment to have the site for the Indian Canyons Resort Hotel moved east of
South Palm Canyon Drive.
As currently drafted,the General Plan designates the lands west of South Palm CanInt
Drive as the site for the proposed Indian Canyons Resort Hotel. However,if the City appro
the proposed General Plan Atnendmout, the hotel site will be moved to the southeast comeA-1
Murray Canyon Drive and South Palm Canyon Drive. The Sierra Club fully supports this
proposal because it moves the hotel out of a sensitive resource area to an area suitable for s
development. The Sierra Club believes that this change,standing alone,is a minor change
City's General Plan,that there is no possibility of additional environmental impacts that ha
already been analyzed,and that no additional environmental review is therefore required.
For these reasons, the Sierra Club supports the City's proposal to amend its General Plan
to permit the relocation of the Indian Canyons Resort Hotel to the southeast corner of Murray
Canyon Drive and South Palm Canyon Drive.
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL&KILPATRICK,APC
D. WAYNE BRECHTEL
Attorneys for Sierra Club
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BRECHTF'sI.& K11.,PATRICK
A PROFESSIONAL CORPORATION 1). Dwight Wordw
W.Sec7rt Williams 462 STEVENs AVENUE . 9UITF 102 Of r:oun%el
Tracy R.Richmond SOLANA BEACH . CALILVRNIA 92075
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Malinda R.Dickmwn
June 25,2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. 'T'ahquitz Canyon Way
Palm Springs, California 92262
Re: Case 5.0576 SP-1 A General Plan Amendment and Revisions to Canyon South
Specific Plan#1 A re: Alturas Subdivision
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express its opposition to the City's proposed
Addendum and General Plan Amendments as they relate to the Alturas subdivision property
located west of South Palm Canyon Drive.' Specifically, to the extent that the Addendum
purports to reaffirm the adequacy of environmental review for any development in this area,the
Addendum is inadequate because it does not examine new information and changed
circumstances concerning Peninsular bighorn sheep(Ovis canadensis) and its habitat.
In October 2000 and February 2001,the United States Fish and Wildlife Service
identified a substantial portion of the proposed development area west of South Palm Canyon
Drive as essential and critical habitat for the survival and recovery of the endangered Peninsular
bighorn sheep("PBS"). (See, 66 Fed, Reg. 8650, February 1, 2001, and Recovery Plan for B-1
Bighorn Sheep in the Peninsular Ranges dated October 25,2000.) Any development in this area
would be inconsistent with the critical habitat designation and Recovery Plan and therefore poses
a threat to the continued survival of PBS, The Sierra Club therefore strongly opposes the City's
attempt to authorize development west of South Palm Canyon Drive without first undertaking
adequate environmental review,
The City must prepare a subsequent environmental impact report addressing new
information and changed circumstances concerning those areas identified as critical and essential
to the survival of PBS. At a minimum, this means that the City must address how any
development in the project area located west of South Palm Canyon Drive will adversely affect
PBS in that such development is inconsistent with the PBS recovery plan and critical habitat B_2
designation.
'in a separate letter, the Sierra Club has written to indicate its support for the Indian Canyons
Resort Hotel.
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June 25, 2003
Page 2
The City's use of an Addendum to analyze the potential impacts of proposed
development in areas that have been identified as critical and essential habitat for an endangered
species violates the California Environmental Quality Act("CEQA"), An addendum may only
be used where neither of the following conditions exist:
1. Substantial changes have occurred with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EiR due to the B-2
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
2. New information of substantial importance,which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR;or
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR.
(CEQA Guidelines § 15164.)
In this case,all of the above factors exist and the preparation of a subsequent EIR is
therefore required. For example, in October 2000,the U.S. Fish and Wildlife Service designated
much of the area west of South Palm Canyon Drive as essential habitat for the PBS.
Subsequently, the same area was designated as critical habitat. This represents a substantial
change with respect to the circumstances under which development west of South Palm Canyon
Drive is being undertaken, as well as new information that was not known or could not have
been known with reasonable diligence when the project was last subject to environmental
review. Indeed, no mention is made in the original 1991 EIR or the 1994 Environmental
Assessment about the importance of the area as critical and essential habitat for PBS. Instead,
the assumption in the prior environmental documents was that the area was not important habitat
and that any impacts to PISS could be eliminated if the project were simply surrounded by a six-
foot block wall or fence, in other words,the focus in the prior environmental documents was on
eliminating impacts of the project on PBS outside of the project area,not on mitigating on-site
impacts caused by the loss of critical and essential habitat. The realization that the project site
contains critical and essential habitat is a significant change in circumstances and new
information that must be analyzed in a subsequent EIR. This is so because under CEQA if a
project has the potential to restrict the range of an endangered species,the City must consider the
effect as significant. (CEQA Guidelines § 15065.) In this case, because the City never analyzed
or considered the impact of the loss of critical and essential habitat in the prior environmental
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June 25, 2003
Page 3
documents, this significant effect must now be analyzed before the City considers whether or not
to approve the General Plan amendments for the property located within the PBS critical and
essential habitat area.
Another factor that requires the City to prepare a Subsequent EIR is the fact that the
population of PBS has declined precipitously since the original environmental documents were
prepared in 1991 and 1994. For example,there were approximately 401J-500 PBS in the United
Stator in 1991 and 1994,(Recovery Plan at p.30.) However,by 1999, it was estimated that this B-3
number dropped to 334 animals, or perhaps to as few as 262 animals—reflecting roughly an 18%
to 48% decline of this endangered animal. This is a substantial change in circumstances and new
information that the City must analyze in an updated environmental document.
Finally, another fact that the City must consider is the availability of new tele :,yta
concerning the presence of PBS on or near the project site. The Sierra Club understansignificant new information was recently collected that indicates PBS are present on oeproject site in greater numbers and on a more frequent basis than previously known. ra B-4
Club is in the process of obtaining this information and will supplement these commer
before the City Council hearing.
Before approving any amendments to the City's General Plan that would authorive
development west of South Palm Canyon Drive,the City must prepare a subsequent EIR
analyzing the changed circumstances and new information concerning the potential impact of
such development on PBS. Among other things, this means that the City must analyze the B-5
adverse effects that the project will have on PBS in light of the fact that the U.S.Fish and
Wildlife Service has designated the area west of South Palm.Canyon Drive as critical and
essential habitat for PBS.
I appreciate your consideration of this matter,
Very truly yours,
WORDEN,WILLIAMS, KICHMOND,
BRECHTEL & KILPATRICK, APC
D. WAYNE BRECHTEL
Attorneys For Siena Club
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T H E L A W O F F I C E S O F C
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK
A PROFESSIONAL CORPORATION D.Dwight Orden
W. Scott Williams 462 STEVENS AVENUE . SUITE 102 Of Counsel
Tracy R. Richmond SOLANA BEACH . CALIFORNIA 92075
D.Wayne Brechtel FAX 58585766-5798
Terry Kilpatrick www.solanalaw.com E-Mail dwNdsolanataw.com
Terry M. Gibbs
Malinda R. Dickenson
June 24, 2003
Via Hand Delivery
Planning Commission
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Re: Case 5.0576 SP-lA—General Plan Amendment and Revisions to Canyon South
Specific Plan#IA re: Monte Sereno
Dear Chairperson and Members of the Planning Commission:
I am writing on behalf of the Sierra Club to express opposition to the City's proposed
General Plan Amendment as it relates to the Monte Serene subdivision project.
The Sierra Club previously filed detailed written objections to the City's approval of the
Monte Serene project in letters dated October 18, 2002 and October 9, 2002. Among other
things, those letters explained why the City's approval of the Monte Serene project would
violate the California Environmental Quality Act as well as the terms of the Stipulated Judgment
regarding the SP-1 pluming area. Those objections are equally applicable to the City's
consideration of the proposed General Plan Amendments because the Amendments are designed C-1
to permit the continued processing and eventual development of the Monte Sereno project.
Accordingly, the Siena Club asserts that the City's approval of the proposed General Plan
Amendments would violate CEQA and the Stipulated Judgment, and it the hereby incorporates
its objections set forth in its October 18, 2002 and October 9, 2002 letters. A copy of these
letters are attached. IMMMMMEM
Very truly yours,
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK, APC
D. WAYNE BRECHTEL
Attorneys for Sierra Club
cc: Kenneth B. Bley
It:\Clients\SIECL\V\Al lurasVLatters\PlanCamm002reMontesereno.doc
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T HE L A W O F F I C VE S O F
WORDEN, WILLIAMS, RICHMOND,
BRECHTEL & KILPATRICK
A PROFESSIONAL CORPORATION D. Dwlghr %Vo rden
W. Scott: Willilm's 462 STEVENS AVENUE . SUITE 102 L>t col Osel
Tracy R. Richmond SOLANA BEACH . CALIFORNIA 92075
D. Wavne Brechrel [8581 755-6604
Terry Kilpatrick FAX [EE81 755-5198
www.solanalaw.com
Terry M. Gibbs
VIA FACSDVIlLE AND OVERNIGHT MAIL
City Council
City of Palm Springs
Office of the City Clerk
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Re: APPEAL OF PLANNING COMMISSION ACTIONS
RECOMMENDING APPROVAL OF THE MONTE SORENO
PROJECT/Environmental Assessment and Mitigated Negative
Declaration, Case 5.0881-PD-269, TT1VI 30046, Monte Serene, Palm
Can-von LLC
Dear City Council:
I am writing on behalf of the Sierra Club to formally appeal the Planning
Commission actions related to the above referenced project taken on October 9, 2002. A
check in the amount of U25 is enclosed, Although Staffhas informed me that the
Planning Commission actions were only advisory, there is some evidence in the City Code
that the decision may be final in some respects, unless appealed. Accordingly, I am
appealing all of the actions. However, if the City determines that an appeal is not
warranted, then please refund the appeal fee.
The Sierra Club is appealing the Planning Commission actions for the reasons set
forth in its letter submitted to the Planing Commission as part of the Record of
Proceedings and which is incorporated herein by this reference. Adoption of the Mitigated
Negative Declaration and approval of the Preliminary Development Plan, Specific Plan C-2
Amendment and Tentative Tract Map violated the California Environmental Quality Act
by failing to adequately address the significant impacts to the Casey's June Beetle and the
Peninsular Bighorn Sheep. The Sierra Club is also concerned that the approval does not
comply with the Sierra Club's Stipulated Judgment with Canyon Development, the City of
Palm Springs and its Redevelopment Agency.
The Sierra Club urges that the City Council set aside all actions taken by the
Planning Commission to avoid violations of State environmental laws and'prevent
irreparable harm to biological resources, and then require preparation of an adequate
Environmental Impact Report to fully disclose the impacts of the project.
:::\Clienls51LCLR�Canvon P¢larclnpmeml.eucm'4:n}'Councd wpd.duc / � � ��
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City Council
City of Palm Springs
October 18, 2002
Page 2
Please let me know when the hearing on this appeal will be held. I am available to
answer any questions or provide additional information, if necessary.
Very truly yours,
WORDEN, WILLIAMS, RICHIVIOND,
BRECHTEL & KILPATRICK, APC
D. WAYNB BRECHTEL
D WB/amh
cc: client
[:`,Cl.-nuS1ECi�`%�CnYon F.eaev=nment La ,,City CIIUMI,PkTUAOc
Sierra Club
Sara Gorgonio Chapter
Serving Riverside and San Bernardino Counties
Tahquitz Group • Los Serranos Group
San Bernardino Mtns. Group • Mojave Group
October 2002_
Planning Commission
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Case 5,088 1-PD-269, TTM 30046, Specific Plan Amendment, Initial Study and
Mitigated Negative Declaration, Palm Canyon LLC
Dear Chairman and Commissioners:
I am writing on behalf of the Sierra Club regarding the Planned Development District,
Tentative Tract Map and Specific Plan Amendment for the Palm Canyon LLC Monte
Sereno Subdivision Project ("Project") referenced above. The Project is being processed
as part of the Canyon Resort& Spa Specific Plan as ("SP-1"). The Sierra Club urges
denial of the Project at this time. As proposed, the Project would result in sienificant
environmental impacts that require preparation of a Supplemental or Subsequent
Environmental Impact Report ("SEIR"), rather than the Mitigated Negative Declaration
you are being asked to adopt. The Project would also violate the terms and conditions of
a Stipulated Judgment that governs how development within the SP-1 planning area can
proceed.
Backeround
SP-1 has a complex history that is important to an understanding of the comments
submitted by the Sierra Club.
The SP-l was originally approved by the City of Palm Springs in 1991 , At that time, the
principal Protect proponent was Canyon Development, a single, private development
entity. The Sierra Club challenged the original approval, and in August 1993, the
litigation was settled byway of a Stipulated Judgment approved by the Court. The
Stipulated Judgment provided a right to proceed under SP-1 in accordance with certain
terms and conditions, including, among others, very specific flood control measures, time
and method restrictions on constniction activities and an obligation to purchase open
space at the west end of the Specific Plan area if feasible. SP-1 was amended in January
4 4a
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Planning Commission
City of'Palm Springs
10/9/02
Page 2
1994 to amend and clarify land uses within the Plan Area. The amendment did not alter
the obligations imposed by the Stipulated Judgment.
Since the 1994 Stipulated Judgment, various new developers, including Palm Ca:the
LLC and the Aqua Caliente Development Authority have obtained development r
previously held by Canyon Development, the original party to the Sierra Club sui C-3
not clear at this point whether these new successors consider themselves bound b
Stipulated Judgment.
The Project Will Result In Significant Unmitigated Environmental Impacts To Sensitive
And Endangered Species
The Impact Analysis and Mitigated Negative Declaration for this Project are inadequate,
The Project's direct, indirect and cumulative impacts to biological resources and other
resources have not been adequately identified nor have they been mitigated to a level of
insignificance. New information has arisen since the prior environmental review
processes that mandates findings of significance and the preparation of a new EIR
("SEIR"). In particular, as proposed, the project has the potential to substantially reduce
the habitat of wildlife species, cause a wildlife population to drop below pelf-sustaining
levels, threatens to eliminate an animal community, and reduce the number or restrict the
range of rare and endangered animals. See CEQA Guidelines § 15065. These issues are
discussed in more detail below.
Casey's June Beetle
The Project site is home to the Casey's June Beetle (CJB), a de facto endangered species
endemic to a limited portion of the Palm Canyon drainage. From all that is known about
its life history and distribution, this species meets all the criteria for listing under the
Endangered Species Act. It is listed as a "Special Animal" by California Department of
Fish & Game, and originally it was to.be included in the Coachella Valley Multiple
Species Plan Impacts to CJB would be significant under CEQA, and were not analyzed
in environmental review for SP-1 or its amendment. C-4
Studies in recent years have shown the range of CJB to be within about a mile radius of
Smoke Tree Ranch. (7/15/02 AMEC Biological Review for DWA facilities proposed on
Smoke Tree Ranch, enclosed, and MSHCP habitat maps, herein incorporated by
reference, and personal communication with Jim Comert and members of the Scientific
Advisory Committee for the MSHCP). Smoke Tree Ranch's open lands were identified
as a preserve for this species in earlier iterations of the CV MSHCP. But CJB and this
potential preserve had been dropped from The current draft because the landowner was
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City of Palm Springs
10/9/02
Page 3
unwilling to sell its lands (Bill Havert, Director Coachella Valley Mms Conservancy and
preparer of the MSHCP). There is no evidence of protective restrictions or covenants
protecting the lands that were formerly proposed for preserve, and they are currently
zoned for commercial and residential uses. The highway frontage portion of the formerly
proposed reserve is being actively marketed at this time, and in fact the owners recently
asked for, and the City granted, expanded commercial uses on the property
Although it is conjectured that this species may occur elsewhere, CJB have never been
found outside the Palm Canyon area. According to the wildlife agencies and the A IEC
report, the only places in the Valley where there may be additional potential extant
habitat for CJB would be in Dead I:idian Canyon and Deep Canyon in Palm Desert
However, Dead Indian Canyon has been recently surveyed with the correct protocol and
CJB have not been found (personal communication with Cameron Barrows, head of the
Scientific Advisory Committee for the MSHCP). Likewise, the BLM Visitor Center in
Dead Indian Canyon Wash has also recently been surveyed and yielded no CJB (Mark
Fisher,'StaffBiologist, Deep Canyon Desert Research Center). Nor have CJB been found
at the Bighorn Institute, also in Dead Indian Canyon Wash (Jim de Forge, Director,
Bighorn Institute). And as regards Deep Canyon, no CJB have been found there in spite
of extensive invertebrate collecting at the UC Deep Canyon Desert Research Center
("DRDRC"), which occupies all of undeveloped Deep Canyon (Alan Muth, Director, C-4
DCDRC). Nor have CJB been found in the Center's pool (Alan Muth), and pools are an cooed
attractant and a known trap for CB.1 (Alan Muth, Cameron Barrows, Jim Cornett and
several UC Riverside entomologists)
The November 2001 biological report for the project confirms that CJB occur onsite
The total known habitat (worldwid.:) for this species is estimated to be approximately 296
acres, of which the project represents approximately 17%, or 50.49 acres. This species
has been shown to exist only in Palm Canyon and only where cheesebush-dominated
desert creosote scrub habitat occurs. The vast majority of this habitat onsite is intact, but
all of this CJB habitat would be destroved by the proposed project. This is clearly a
significant impact under CEQA.
The Mitigated Negative Declaration asserts that the payment of"an in-lieu fee of 5600
per acre to the City or the Habitat Conservation entity as designated by the City of Palm
Springs" will render impacts to CTB to a level of insignificance. In the current
administrative draft MSHCP, there is no CJB preserve to which funds may be directed
for acquisition or mitigation, nor has there been any mitigation fee set (personal
communication with Jim Sullivan, Director of Environmental Resources for CVAG, the
lead agency for the MSHCP) The City, as a signatory to the MSHCP MOU, received a
copy of the current administrative draft as well as earlier drafts of the MSHCP, herein
incorporated by reference. Furthermore, there is no evidence that CJB have ever been
found in the Indian Canyons Tribal Park, although the Tribe has commissioned surveys.
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Page 4
This species is not proposed to be `covered" under the Tribal Habitat Conservation Plan
(Jim Sullivan) either
The bottom line is that the mere imposition of a fee with no showing that it will actually
prevent a reduction in range or loss of CJB does not mitigate the significant impact C-4
caused by this project and does not satisfy CEQA. Information available to date indicates Cont'd
that the ranee for the CJB is very limited, and there is no evidence to support a finding
that the proposed mitigation fee alters that reality. If the Project is allowed to proceed
forward, the result will be a reduction in range and numbers of CJB. Pursuant to CEQA
Guidelines § 15065, a project must be found to have a significant impact if it "has the
potential to . . . reduce the number or restrict the range of an endangered, rare or
threatened species . . .." (emphasis added.) This mandatory finding of significance also
mandates that use of a mitigated negative declaration for the Monte Sereno Project is
inappropriate. An EIR must be prepared.'
Peninsular Ranges bighorn sheep,
Potential impacts to the Peninsular bighorn sheep must be addressed in an SE1R The
Initial Study asserts that the project lies ''/4 mile outside designated critical habitat for
Peninsular bighorn. Enclosed is a snap of critical habitat in the project area. It appears
that critical habitat extends into and perhaps across Palm Canyon Wash in the immediate
area, and that the project may, in fact, extend into critical habitat. This needs to be
ascertained..
In view of the fact that Peninsular bighorn accessed Palm Canyon immediately adjacent
to the project recently (personal observation, photos of bighorn ewes that came down
Garstin Trail ridge to Palm Canyon.Wash 4/01), plus the fact that the City is on notice C-5
that there is a vital Peninsular bighorn corridor in which this project occurs (see below),
plus the fact that the Monte Serenc project site is very likely in critical habitat, impacts to
this endangered species need to be addressed. Instead, the Initial Study and biological
report state that the site lacks activity by this species and that no mitigation is necessary.
In 1996, the SP-1 area was identified as part of a corridor for the endangered Peninsular
bighorn rams that have traveled between the San Jacinto and Santa Rosa mountains This
information on the connectivity between bighorn in the two mountain ranges was
obtained by way of data points collected from collared sheep, and was not available until
1995 or 1996 (Jim de Forge, Director, Bighorn Institute). In 1998,the Peninsular bighorn
were listed as an endangered species under the Federal Endangered Species Act. In
November 2000, a final Recovery Plan for the bighorn sheep was approved. The
' Potential impacts to the CJB were not pan of the onginal Sierra Club Litigation or the resulting Stipulated
ludgmen. nor were they something that could have been litigated at the nine. The threat to this unique and
endangered species did not come to light until after the litigation had been resolved
t3 � G�
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Planning Commission
City of Palm Springs
10/4/02
Page 5
Recovery Plan designated property within the east and west ends of SP-1 as essential
habitat for the Peninsular bighorn. In February 2001, critical habit for the Peninsular
bighorn sheep was designed by the US Fish & Wildlife Service. Again, the east and west
ends of SP-1 were designated as critical habitat for the endangered Peninsular bighorn
sheep. This new and substantial information gives rise to potential impacts to an
endangered species not known or considered when the original environmental
assessments for the SP-1 and its amendment were completed.Z
The biological report and environmental documentation for the project fails to
acknowledge that the project lies in an existing corridor connecting the San Jacinto and
Santa Rosa Mountains. Per multiple discussions in the last three years involving Sierra
Club (Joan Taylor), USFWS (Pete Sorenson, Scott McCarthy and Guy Wagner), CDFG
(Kevin Brennan), City of Palm Springs (Doug Evans), ACBCI (Tom Davis), it has been
acknowledged that currently Peninsular bighorn are crossing between the San Jacinto
Mountains and the Santa Rosa Mountains in the SP-1 area. The most recent evidence of
this use was early last month, September, 2002 as evidenced by fresh droppings on
Garstin Trail (photos enclosed). C-5
conNd
Arguably, this Peninsular bighorn corridor connection does not have ideal conditions for
a bighorn corridor, because of two-lane Palm Canyon Drive and the existing golf course,
as well as the approved Specific Plan. However, ideal or not, this corridor is still
physically open and is part of the only known connection between these major mountain
ranges and their respective ewe groups. Without connectivity, there will be no gene flow
between these ewe groups. The Recovery Plan for Peninsular bighorn cites maintenance
of genetic variation (gene flow between ewe groups) as a primary goal of the recovery_
Ram movement between ewe groups is cited as the primary means of gene flow Loss of
genetic variation makes small populations, such as those in the Peninsular Ranges
bighorn, especially susceptible to extinction. (October, 2000, Recovery Plan for Bighorn
Sheep in the Peninsular Ranges, California, herein incorporated by reference)
Currently, bighorn do have a pattern of successfully using this corridor to maintain
genetic connectivity between these portions of the range(CDFG, USFWS, Bighorn
Institute) This project, along with other projects in the foreseeable future, promise to
completely block this connection by walled developments, increased traffic, roadway
improvements and the like. Until and unless an adequately sized and feasible alternate
corridor for Peninsular bighorn is secured for the future, impacts to the existing corridor
Sierra Club's earlier hugarion did address, to some degree,potential impacts to the Peninsular bighom
sheep. However, the information discussed ut this letter is of a new and different nature not known or
anticipated at the Lime of that litigation. Further, it is not clear that the current developers consider
themselves bound b% the earlier Stipulated Judgment. and as such, the Sierra Club raises issues related to
the Peninsular bighorn sheep both in the context as new information not covered by the Stipulated
Judgment and in the contest of a project applicant which does not considered itself bound by the Stipulated
Judgment.
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Planning Commission
City of Palm Springs
10/9/02
Page 6
have the potential to restrict the ranee of this endangered species As discussed above,
the Trustee Agencies have advised the City that SP-1, as currently proposed, intrudes too
far west into Arenas Canyon alluvial fan to provide an adequate corridor for Peninsular
bighorn
This corridor use was not known in the early 1990s nor was it analyzed in the review for
SP-1 and its amendment. Nor has it been addressed in the current Impact Analysis and C-5
Mitigated Negative Declaration. Even if one were to argue that the impacts of this Coord
individual housing project to this Peninsular bighorn corridor were limited, clearly the
impacts are considerable when considered in context of the effects of past, current and
probable future projects This impact to a listed species warrants the preparation of an
SEIR.
Finally, approval of this part of SP-1 without addressing both the impacts of the Monte
Sereno project itself as well as the provision of an adequate Peninsular bighorn corridor
in the western part of the project does conflict with established plans and policies of
Trustee Agencies with jurisdiction over the project (see below at Land Use Conflicts).
Adequacy and Accuracy of Project Description
Sierra Club is concerned that the entire Project, i.e. development pursuant to S P-I, has
been divided and piecemealed in a manner that is avoiding assessment of the Project's
true impacts. Of particular concern, is the failure to consider all projects proposed by
Palm Canyon LLC, including the anticipated subdivision at the western end of the SP-l C-6
area (Alturas), the hotel and golf course project to be developed by the Aqua Caliente
Development Authority, and all other components of SP-1 when considering the Project's
overall environmental impacts. The result is an analysis that minimizes the indirect and
cumulative impacts the Project.
The proposed Project is part of a larger development scheme that has interrelated
components, including flood control measures, mitigation requirements and common
ownership. Yet the current applicant, Palm Canyon LLC is seeking approval of one
aspect of the project and is limiting all discussion of potential impacts to that element
alone. The potential impacts and mitigation for all projects should be considered in one
document as envisioned by the ori@inal and amended Specific Plan and the Stipulated
Judgment. This is appropriate because the impacts and benefits of all SP-1 projects are
part of a common, interrelated development scheme. Without consideration of the
projects together, it is anticipated that the applicant will assert that it will be too
burdensome to require the Alturas project to mitigate for impacts to Peninsular bighorn
sheep. In other words, mitigation that would have been deemed feasible for the larger
project will be deemed too burdensome for the Alturas project alone.
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City of Palm Springs
10/9/02
Page 7
Finally, the environmental and planning documents for the Monte Sereno Project conflict
with respect to the number-of units actually involved. The Notice of Completion C-
references 87 residential units. The Negative Declaration refers to 89 residential units.
The Project map refers to 90 residential lots. This issue should be clarified and
confirmed prior to Project approval.
Failure to Comply with the Stipulated Judgment
Overall, the Sierra Club is concerned that the current division of project entitlements and
the manner in which the SP-1 projects are being processed by the City is either
intentionally or negligently subverting the intent and purpose of its Stipulated Judgment
and environmental review requirements of CEQA. .In 1993, Sierra Club and other
plaintiffs entered into the Stipulated.Judgment with Canyon Development and the City of C_8
Palm Springs and its Redevelopment Agency ("City"), It is Sierra Club's understanding
that the City considers itself bound by the Stipulated Judgment, but that the City's
position is that the Stipulated Judgment may not bind the current successors to Canyon
Development. The Sierra Club objects to any attempt by Palm Canyon LLC or any other
successor to avoid the terms of the 'Stipulated Judgment.
When approved by the Court in 1993, the Stipulated Judgment envisioned one overall
development entity assuming responsibility for compliance with settlement terms This
provided some reasonable expectation that the developer would have the financial means
and capacity to carry out important settlement requirements, such as purchase of property
at the western end of SP-1, liquidated damages provisions, etc. Currently, the property
entitlements have been divided between at least two different entities. The Sierra Club is
concerned that this may improperly cause portions of the project to be insulated from
responsibilities imposed by the Stipulated Judgment. We are also concerned that this
may artificially and improperly minimize the environmental impacts of projects
authorized by the SP-1.
Among other things, the Stipulated Judgment provided that the original project proponent
Canyon, "use its best efforts to acquire property within the Western Restncted Area,
provided it can acquire the property for fair market value." Judgment, p 4 At the time
the Stipulated Judgment was entered, Canyon Development was the developer of the
land encompassing the hotel, golf course and Monte Sereno subdivision and other lands
under SP-I. C-9
Property within the Western Restricted Area falls within the areas designated as essential
and critical habitat for the Peninsular bighorn sheep. Accordingly, it is extremely
important that the designated property be acquired and preserved as envisioned by the
Stipulated Judgment Currently, however, there is no indication that the 'Monte Sereno
developer or Aqua Caliente Development Authority,consider themselves bound the
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Planning Commission
City of Palm Springs
10/9/02
Page 8
Judgment or obligated to participate in the purchase of property within the Western
Restricted Area Thus, the original intent and purpose of the Judgment is in jeopardy. It
is Sierra Club's understanding that,the Monte Sereno developer has an option to purchase C-9
the property in question. The Monte Sereno development should not be approved until
such time as all developers enjoying; the benefits of SP-1 have demonstrated compliance
with the Sierra Club Judgment and a willingness to participate in the purchase and
preservation of property within the western end of SP-1.
The City's application of the Stipulated Judgment provisions appears to be inconsistent.
On the one hand, the City has not required the Project applicant to participate in the
purchase of habitat within the Western Restricted Area. The City has also failed to
require that the applicant comply with the provisions in the Stipulated Judgment related
to construction in or near Palm Canyon Wash and the requirement to provide temporary
equestrian access The portion of Palm Canyon Wash adjacent to the Project is amain
thoroughfare for a major recreational amenity in the City, Smoke Tree Stables.
Horseback riding is a major marketing tool for the tourism industry in Palm Springs. C-10
Smoke Tree Stables is the only large commercial stable in the City Tens of thousands of
horseback riders a year pass through this part of the Wash (Rod Johnson and KC
Johnson, owners Smoke Tree Stables) Palm Canyon Wash is the main equestrian access
not only for the Indian Canyons, but also for trails in the Santa Rosa Mountains. Horses
are unique among domesticated animal, in that flight is their primary survival
mechanism, and if there is massive disturbance in Palm Canyon Wash, especially during
the tourist season, then there will be severe impacts to existing recreational opportunities
Addressing this issue is required under CEQA as well as the Judgment. mmmmj
On the other hand, the City is requiring the applicant to pay its "fair-share contribution"
towards offsite flood control, offsite roadway, and off-site traffic signals which are not
required solely in order to develop this individual project, but are necessary to bring the
balance of SP-1 to fruition. As the Impact Analysis and Mitigated Negative Declaration
assert in the case of traffic impacts, the proposed residential project will not create any C-11
traffic hazards, and, in fact, the reduced land use densities now contemplated along
Bogert Trail in SP-1 may remove the need for formerly warranted new traffic signals
Nevertheless, for purposes of mitigating contemplated overall SP-I impacts, the City
consistently imposes a fair-share burden of mitigation costs on this individual project,
Monte Sereno. The City must require the applicant to comply with all provisions of the
Stipulated Judgment, not just those it deems important. MOMMOMI
It is unclear whether the materials proposed for the Palm Canyon flood control levee will
conform with the Stipulated Judgrent or not. At one point the Initial Study states that C-12
the flood control analysis recommends compacted fill with concrete erosion protection.
At another it asserts that the levee is now proposed as rock-lined with natural plantings
incorporated. This needs to be clarified.
13A
SO ' d b'90 = L0 �O-9Z-'�r�C
Planning Commission
City of Palm Springs
10/9/02
Page 9
Sierra Club is currently reviewing detailed plans for levee work and reserves its right to
ensure full compliance with the Stipulated Judgment
Land Use Conflicts
The Initial Study asserts that this project has no impact on policies adopted by ageIthe
with jurisdiction over the project This is not the case. This project individually, agreater Canyon project of which this is a part, do conflict with the Recovery Plan fPeninsular bighorn (herein incorporated by reference), Designated Critical Habitat
Peninsular bighorn, and Essential Habitat for Peninsular bighorn as delineated in the
Recovery Plan and MSHCP process;. As stated above, this project is located at the foot of
Garstin Trail ridge which has repeatedly been used in recent years by Peninsular bighorn. C-13
This ridge is at the northernmost extension of the Santa Rosa Mountains directly opposite
the San Jacinto Mountains (BLM Trails Map, enclosed). It is part of a corridor for
bighorn moving between those ewe groups (USFWS, CDFG, Bighorn Institute)
Development of Monte Serene has the potential to impede this movement. This is a
potentially significant impact to an endangered species which has not been
acknowledged, much less mitigated. Moreover, at the build out of SP-1 (of which Monte
Serene is a part) as proposed with the proposed large hotel and housing, roadway
improvements, and development extending 1/z mile up Arenas Canyon alluvial fan -- a
viable corridor to bighorn movement between the San Jacintos and Santa Rosas would be
entirely blocked (USFWS, CDFG).
We acknowledge that, to address the issue of this now recognized Peninsular bighorn
corridor, the USFWS and CDFG ("Trustee Agencies"), the City, the Aqua Caliente, and
the MSHCP Planners have discussed the potential for Peninsular bighorn to use an
alternate corridor, since preservation of this part of the corridor is not promising. The
alternate corridor that has been discussed would cross Arenas Canyon alluvial fan in a C-14
north-south direction in order to access the Indian Canyons Park and thereby provide
bighorn access between the San Jacintos and the Santa Rosas. However, the Trustee
Agencies have determined that development on Arenas Canyon fan must be adequately
constrained in order to protect this potential corridor(as well as the Arenas Canyon
habitat itself). As currently configured, SP-1 intrudes into such a corridor and into critical
habitat The maps and supporting documentation for Critical and Essential Habitat for
Peninsular bighorn are hereby incorporated by reference. mmmmi
The Initial Study for Monte Sereno refers to Palm Canyon LLC's development p]for
for Arenas Canyon alluvial fan(the"Alturas" project TTM 30047). The applicatthis project may not be complete, but it has been submitted to the City as part of and would extend well into Critical and Essential Habitat for Peninsular bighornC-15
would not only adversely impact Critical Habitat, but also conflict with the Reco
Plan which mandates preservation of vital habitat and corridors
OT " d �7L0 ° LO ZO-SZ-unC
Planning Commission
City of Palm Springs
10/4/02
Pa-e 10
It is interesting to note that the City regards the Monte Sereno portion of SP-1 as sharing
responsibility for the impacts of the entire SP-1 when it comes to paying for off-site flood
control and off-site roadway and traffic signal improvements. It should be perfectly
understandable, therefore, that Sierra Club regards this portion of SP-1 as sharing
responsibility for the both onsite and off-site impacts of the entire project when it comes
to providing adequate habitat and corridors deemed necessary by the Trustee Agencies
for survival and recovery of endangered Peninsular bighorn.
C-16
The City has made it plain that the hood control structures required for the development
of the western portion of SP-1 are financially infeasible for the developer of that portion
of the project to bear(Doug Evans, Planning Director) Hence, individual portions of the
project must pay their share of these off-site facilities, even if, as in the case of Monte
Sereno,these facilities are not required to construct and serve the individual project.
Thus, it is clear that this development of this portion of SP-1, which is obligated to fund a
share of off-site costs for infrastructure, actually facilitates the development of the rest of
SP-1.
Cumulative Impacts
Clearly, project impacts to biological resources are cumulatively significant, as outlined
above. Not only is SP-1 with its various tracts moving forward, but also individual
housing construction is proceeding forward. Please compare photos taken 10/7/02
(enclosed) with photos submitted for the original specific plan.
Other Inadequacies of Biological R.fport
In addition to the deficiencies outlined above, the biological report prepared for the
Monte Sereno Project has other deficiencies, including but not limited to the following.
The report's biological resources map shows Palm Canyon Wash as "unvegetated."
Except for the stretch between Bogert Trail Bridge and the drop structure (less than ',A C-17
mile), the wash is dry wash woodland with mature vegetation, a plant community that is
severely depleted in the Coachella Valley. The same map shows the area east of Palm
Canyon Wash as "developed." There is no development east of the project site. There
are roads and an approved subdivision for perhaps '%a mile north of the bridge, but no
development existing or contemplated for the balance of the project's eastern boundary
(see photos).
'� r- - d ` E3o ° Lo Eo-SZ-unc
Planning Commission
City of Palm Springs
10/9/0 2
Page 1 1
We urge the City to deny the project and order the preparation of an SEIR to address the
above concerns. Thank you for the opportunity to comment on this important project.
Very truly yours,
Joan Taylor, Chairman
Low Desert Issues
1800 S. Sunrise Way
Palm Springs, CA 92264
Enclosures: Photos of Peninsular bighorn on Garstin Trail ridge 4/10
Photos of site and area from the east 10/02
Photos of fresh bighorn sheep sign on Garstin Trail 9/02
Amec Biological Report 7/02
Land Designation map, 4/01 Indian Canyons Master Plan
Critical Habitat Map for vicinity
Zr - d VOr = LO £0-9Z-unr'
' r
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
I,the undersigned,say: I am and was at all times herein mentioned, a citizen of the United States and
employed in the County of Riverside, over the age of eighteen years, and not a party to the within
action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs,
California; that on the 5th day of June, 2003, 1 served the within NOTICE OF PUBLIC HEARING for
PLANNING COMMISSION CASE NO. 5.0576-SP-1A to consider an application by the city of Palm
Springs for a General Plan Amendment to remove the PR, M15, and H30 designations west of South
Palm Canyon Drive and replace them with L2 (Low Density Residential 2 units/acre). In additional,
approximately 35 acres southwest of the Canyon Heights development will be re-designated from L2
to C (Conservation), and includes a density transfer to 70 units to adjacent eastern property In order
to accommodate the hotel. and spa at the southeast corner of South Palm Canyon Drive and Murray
Canyon Drive, the property is proposed to be re-designated from M15 (Medium density Residential
12-15 units/acre) to H30 (High Density Residential 21-30 units/acre). The entire planning area
encompasses approximately 741 acres located south of Murray Canyon Drive, north of Acanto Drive,
est of the Palm Canyon Wash,and east of the San Jacinto Mountains,Zone W-W-R-1 B, R-1-B,W-R-
1-A, R-1-A, 0-20, U-R, R-2, and SPA, portions of Sections 34, 35, and 36.
An Amendment to Specific Plan I will also be considered. The revised Specific Plan will consist of
four (4) components: (1) the golf course re-design and clubhouse remodel; (2) the hotel and spa
location; (3) existing and proposed residential development; and (4) conservation/open space. The
project boundary will be reduced by approximately 20 acres at the northeast corner,determined to be
undevelopable in the Stipulated Judgment. The total number of units proposed in the Specific Plan
will be reduced by 40 units. Development proposed in the Specific Plan is consistent with that already
occurring in the area.
This Notice was served on persons contained in Exhibit "A" attached hereto in said action or
proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon
fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly
maintained by the Government of the United States in the City of Palm Springs,California, addressed
to the list of persons or firms indicated on the report received on May 30, 2003 from and certified by
the City's Planning Technician, and attached hereto as Exhibit"A".
I hereby declare under penalty of perjury that the foregoing is true and correct.
�,_--'Loretta D. Moffett 1/
Dated at Palm Springs, California, this 6`h day of June, 2003.
' r
NOTICE OF PLANNING COMMISSION MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576 -SP-1A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive,
west of the Palm Canyon Wash, east of the San Jacinto Mountains
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California,will hold
a public hearing at its meeting of June 25, 2003. The Planning Commission meeting begins at 1:30
p.m.(public hearings start at 2:00 p.m.) in the Council Chamber at City Hall, 3200 E.Tahquitz Canyon Way,
Palm Springs.
The purpose of the hearing is to consider Case 5.0576, an application by the City Pam Springs for a General
Plan amendments to remove the PR, M15-and H30 designations west of South Palm Canyon Drive and
replace them with L2 (Low Density Residential 2 units/acre). In addition, approximately 35 acres southwest
of the Canyon Heights development will be re-designated from L2 to C(Conservation),and includes a density
transfer of 70 units to adjacent eastern property. In order to accommodate the hotel and spa at the southeast
corner of South Palm Canyon Drive and Murray Canyon Drive, the property is proposed to be redesignated
from MI5(Medium Density Residential 12-15 units/acre)to H30(High Density Residential 21-30 units/acre).
The entire planning area encompasses approximately 741 acres located south of Murray Canyon Drive,north
of Acanto Drive,west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W,W-R-1-B,
R-1-13, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
An amendment to Specific Plan #1A will also be considered. The revised Specific Plan will consist of 4
components: the golf course redesign and clubhouse remodel, the hotel and spa location, existing and
proposed residential development, and conservation/open space. The project boundary will be reduced by
approximately 20 acres at the northeast corner,determined to be undevelopable in the Stipulated Judgment.
The total number of units proposed for the Specific Plan will be reduced by 40 units. Development proposed
in the Specific Plan is consistent with that already occurring in the area.
An Environmental Impact Report and Mitigated Negative Declaration have been previously approved by the
City Council in conjunction with the approval of the Canyon Park Resort and Spa Specific Plan #1A. An
Addendum to the certified Environmental Impact Report has been prepared and will be reviewed by the
Planning Commission at the meeting. Members of the public may view this document in the Department of
Planning and Zoning, City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs, and submit written comments
at, or prior to, the Planning Commission hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the Planning Commission
hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Associate Planner, (760) 323-8245.
PLANNING COMMISSION
DO /kS R. EVANS
Director of Planning and Zoning
Public Hearing Notices Notification Information
for Planning Commission Hearing June 25, 2003
Case No. 5.0576-SP-1A
Applicant Name: City of Palm Springs
Address: PO Box 2743
Palm Springs, CA 92263
Project Location & South Murray Canyon, west of Palm Canyon Wash, north of
Acanto Drive, and east of San Jacinto Mountains
Specific Plan Amendment and General Plan Amendment on
741 acres, Zone W, W-R-1, R-1B, W-R-1-A, R-1-A, 0-20,
U-R, R-2. SP-1, portions of Sections 34, 35, and 36
Assigned Planner: Jing Yeo, Associate Planner
Labels Prepared by: Yoav Shernock, Planning Technician
Certification to
City Clerk Date: June 11, 2003
Property Owners/Groups/ Date Notices Number of Notices
Organizations Mailed Mailed
Applicant/Sponsors June 5, 2003 1
Property Owners
Land Owner (master lessor) June 5, 2003 237
Master Lessor (sub-lessor)
Sub-lessee (unit owner) June 5, 2003 215
Indian Land Owners - BIA June 3, 2003 30
All APN #'s supplied to BIA (193 separate parcels)
Neighborhood Coalition June 5, 2003 9
Homeowners Association
NOP Agency - Notices & EA June 5, 2003 16
Agua Caliente Tribal Council June 5, 2003 1
Rep. for City Planning Dept. June 5, 2003 1
Individuals Requesting Notices June 6, 2003 1
TOTAL NUMBER MAILED: 511
of 1AM s�I
City of Palm Springs
Department of Planning & Zoning
MEMORANDUM
Date: June 9, 2003
From: Yoav Shernock
Planning Technician
Subject: Mailing Labels for Notice of Public Hearing, June 25, 2003
Planning Commission Case No. 5.0576-SP-1A
City of Palm Springs General Plan Amendment
This is to certify that the attached labels were created on May 30, 2003 using the most current information
available. To the best of my knowledge, the labels are complete and accurate.
17-VI
Yo v Shernock, Planning Technician
June 9, 2003
:Idm
ff 0.�76-S4`7 //
510 030 003 510 030 004 510 030 010
Palm Canyon Village Llc Palm y n Village Llc Cindy&Donovan Taylor
20536 Seaboard Rd 20536 Se oard Rd 3255 E Palm Canyon Dr
Malibu, CA 90265 Malibu, r
0265 Palm Springs, CA 92264
510030017 5100 0018 510030019
Riverside County Flood Cent Riversi County Flood Cent Los Compadres A Corp
1995 Market St 1995 M et St 1849 S El Cielo Rd
Riverside, CA 92501 Riversid , A 92501 Palm Springs, CA 92264
510 030 020 510 030 021, 510 030 025
17834 Burbank Inv Partnership 17834 bjnkInvPtshp Lepeep Properties Of Palm Springs
22231 Mulholland Hwy#102 22231 MuflKlland Hwy#102 4 W Dry Creek Cir#201
Calabasas, CA 91302 Calabasas, 91302 Denver, CO 80210
510 030 026 510 030 027 510 03,0 028
Kraus Julie S Jan&Martha Anderson Desert N y6s
15066 Varsity St#E 67845 Reed Cir NO STRE NAME or NUMBER
Moorpark, CA 93021 Cathedral City, CA 92234 CA
510 031001 510 031002 510 031 003
Ronald Baumgarten&Aloha Baumgart Cabana Coco Christine Hellion
12304 Santa Monica Blvd 469 9841 Airport Blvd#912 1881 S Araby Dr#3
Los Angeles, CA 90025 Los Angeles, CA 90045 Palm Springs, CA 92264
510 031004 510 031 005 510 031 006
Elliot Schmidt&Marion Schmidt Irving&Barbara Schwartz Alex&Beatrice Meshekow
550E Windsor Rd N 48 Bridgegate Dr 9505 Kirkside Rd
VANCOUVERBC WN 1K5 San Rafael, CA 94903 Los Angeles, CA 90035
CANADA
510 031 007 510 031 008 510 031 009
Jeffrey Lemansky Dorothy Sweet Jack&Sofia Morden
624 N Orange Dr PO Box 325 20832 15th Dr
Los Angeles, CA 90036 Kentfield, CA 94914 Bayside,NY 11360
510 031010 510031011 510 031 012
Jack Gunther&Arbeth Sackett Lise Dellagatta Roger&Sheila Dannen
1881 S Araby Dr#10 1881 S Araby Dr#11 George Armitage
Palm Springs, CA 92264 Palm Springs, CA 92264 1881 S Araby Dr#12
Palm Springs, CA 92264
510 031 013 510 031 014 510 031 015
Jean Straub Brian Dannen&Aimee Dannen James&Candis Bayne
34 Hawley Rd 1881 S Araby Dr#14 1300 SW 5th Ave#3400
Danbury, CT 06811 Palm Springs, CA 92264 Portland, OR 97201
510 031 016 510 031 017 510 031018
David&Donna Lee Queen Vernon&Barbara Chupp Barbara Denise Blake&David Bruce B
7905 Hillside Rd 5096 Old San Jose Rd 314 S Rimpau Blvd
Alta Loma, CA 91701 Sequel, CA 95073 Los Angeles, CA 90020
512210013 512 1OQ14 512210021
Block Charles Rivers e County Flood Cont Double D Investment Corp
180 N Luring Dr 1995 M t St 711 Mission Ave 4208
Palm Springs, CA 92262 Riverside, C 92501 Oceanside, CA 92054
512 210 022 512 210 023 512 210 024
Michael Stewart Somerset Marketing Corp Merant Services Llc
1500 Avenida Sevilla PO Box 4728 3305 Spring Mountain Rd 460B
Palm Springs, CA 92264 Palm Springs, CA 92263 Las Vegas,NV 89102
512 210 025 512 210 026 512 210 027
Pizarro Investments Llc Hossein Meisami-fard Nagel Paul S&June H
4100 Irvine Blvd 450 2246 S Standard Ave 3485 N Sundown Ln
Tustin, CA 92780 Santa Ana, CA 92707 Oceanside, CA 92056
512 210 028 512 2 (�29 512 210 030
Edward Baxley Jr. Rjb II Andreas Investment Associates
8116 Laurel View Dr 1156 W S Dr#A 400 S Farrell Dr#B200
Los Angeles, CA 90069 Arlington fights,IL 60004 Palm Springs,CA 92262
512210031 512210032 512 0013
California Friends Foundation Alain Salmea Alain ea
12755 Brookhurst St#107 PO Box 5033 PO Box 3
Garden Grove, CA 92840 Palm Springs, CA 92263 Palm Sp n CA 92263
512 210 034 512 2J0 035 512 210 036
Christopher Finlay&Kenneth Kite Alain ea Neiderman
30 W Wyoming Ave PO Box 3 3245 Corsica Ct
Las Vegas,NV 89102 Palm Spri g CA 92263 Palm Springs, CA 92264
512210 7' 512210038 512210039
Alain Salm William Cowles Jr. Alberni Group Llc
PO Box 503 604 Baneberry Ct PO Box 1161
Palm Spring , C 92263 Northfield,MN 55057 Palm Springs, CA 92263
512210040 512210041 512242
Grossman Marvin&Grossman Steven Zimmerman&Lynnette Briggs Calif- - Friends Foundation
5 Chicory Ln 21922 SE 39th PI 12755 Br khurst St#107
Riverwoods,IL 60015 Issaquah,WA 98075 Garden G CA 92840
512 21 43 512 210 044 512 2 04
ifornia Cal ' nds Foundation Pizarro Investments Lle Calif- riends Foundation
12755 Brookh t St 4107 1100 Irvine Blvd#50 12755 Br urst St#107
Garden Grove C 92840 Tustin, CA 92780 Garden a ov , CA 92840
512210046 512210047 512210048
Beezley John D Norman Lofthus II Christian&Pauline Lehuede
8892 Collingwood Dr 3193 E Bogert Trl 68360 Durango Rd
Los Angeles, CA 90069 Palm Springs, CA 92264 Cathedral City, CA 92234
� 1 � i i i T-4�•T' rr�c'"�'.«'s�P`�s..ws n t �i k3 8k C3 rt u
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CITY OF
PALM SPRINGS
i ■ w • City of • • - . - • I •�- A� 1• 1 II
. • 1
512 300 028 51 300 029 512 00 03
Palm C n Lk
P C you LIc Palm an n Llc
333 W San lazy St#1212 333 anta Clara St#1212 333 W to Clara St#1212
San Jose,C 113 San Jo , CA 95113 San Jose 95113
512 310 002 512 310 003 512 310 004
Monarch Grand Vacations Owners Robert&Anita Riddell Norman&Jeanne Oliver
23091 Mill Creek Dr 1001 Andreas Palms Dr 380 W Alameda Ave
Laguna Hills, CA 92653 Palm Springs, CA 92264 Burbank, CA 91506
512 310 005 512 310 006 512 310 007
Gerald Sorenson&Roxanna Sorenson Arlis Whiffen Clinton&Karen Miller Jr.
1005 Andreas Palms Dr 1007 Andreas Palms Dr PO Box 399
Palm Springs, CA 92264 Palm Springs, CA 92264 Watsonville, CA 95077
512310008 512310009 512310010
Copal Schlappi&Dorothy Neel Michael Gomes Moloof Gerald A&Norma Jean
7220 SW Sylvan Ct 2782 N Girasol Ave Maloof
Portland,OR 97225 Palm Springs, CA 92262 PO Box 3190
Palm Springs, CA 92263
512 310 011 512 310 012 51 31 113
Newell R Thomas Reynaldo&Arrabelle Gomez Nan rg&Peter Tynberg
PO Box 4217 2351 Verna Ct 9 King ard Ct
Palm Springs, CA 92263 Palm Springs, CA 92262 Rancho 'm , CA 92270
512310014 512310015 512310016
Reynaldo&Arrabelle Gomez Brad Neste&Wanda Neste Nan Tynberg&Peter Tynberg
1021 Andreas Palms Dr 4070 Airport Center Dr 9 King Edward Ct
Palm Springs, CA 92264 Palm Springs, CA 92264 Rancho Mirage, CA 92270
512310017 512310018 512310019
Arley&Karen Nichols L Michele Healey Stephen Johns
8560 2nd Ave NE 1040 Andreas Palms Dr 5203 Sand Point PI NE
Seattle, WA 98115 Palm Springs, CA 92264 Seattle,WA 98105
512310020 512310021 512310022
Libuse Hornak Andrew&Diane Neiderman William Neighbors&Janis Neighbors
III I E Tahquitz Canyon Way#117 Melissa Neiderman 24825 Tranquil Way
Palm Springs, CA 92262 1034 Andreas Palms Dr Moreno Valley, CA 92557
Palm Springs, CA 92264
512310026 512310027 512310028
Janette Temple William Gillespie Floltemesch Edward -
1010 Andreas Palms Dr 3334 E Coast Hwy#443 1033 Andreas Palms Dr
Palm Springs, CA 92264 Corona Del Mar, CA 92625 Palm Springs, CA 92264
512310029 512310030 512310031
Capra Thomas&Kristi Landau Dev Co Inc Lawrence&Marie Benveniste
1035 Andreas Palms Dr PO Box 1725 1039 Andreas Palms Dr
Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92264
,r
510 031 019 510 031020 510 031021
Lang Baylor Langston Mary N&Geraldine Leslie Bleich&Jack Osborne
16200 SW Pacific Hwy#190 Langston 3619 SW Comus St
Tigard, OR 97224 9318 NE Levee Rd Portland, OR 97219
Portland, OR 97211
510 031 022 510 031023 510 031 024
J Robert&Heather Magee Kohagen Richard Burt Weinberger
8515 43 Ave 6215 Vassar Ave NE 8152 Firestone Blvd
EDMONTON AB Seattle,WA 98115 Downey, CA 90241
CANADA
510 031 025 510 031 026 510 031027
Jeff Etchison Co Co Cabana Homeowners Assn Charles Higgins Jr.
PO Box 1361 1881 S Araby Dr#26 1881 S Araby Dr#27
Cannon Beach,OR 97110 Palm Springs, CA 92264 Palm Springs, CA 92264
510 031 028 510 031 029 510 031030
Reiley Edward F& Carol A Edward Betar&L Page Betar Robins
Reiley 9204 Ethel St 17416 Revello Dr
1782 Grasscreek Dr Cypress, CA 90630 Pacific Palisades, CA 90272
San Dimas, CA 91773
510 031 031 510 031032 510 032 033
Jane Brody Co Co Cabana Arlene M Dibenedetto
1150 Anchorage Ln#214 12381 Wilshire Blvd 13 Sunnycrest Ave
San Diego, CA 92106 Los Angeles, CA 90025 Clifton,NJ 07013
510 200 001 510 200 002 510 200 003
William Ford&Martha Ford Rpe Holding Ltd Wenzlau William D&Sally K
1201 Parklane Towers W 1800 S Sunrise Way Wenzlau
Dearborn,MI 48126 Palm Springs, CA 92264 1357 Westhaven Rd
San Marino, CA 91109
510 200 004 510 2 00 510 200 006
Smoke Tree Inc Smoke Inc Smoke Tree Inc
1800 S Sunrise Way 1800 S Sun)*Way 2500 S Toledo Ave
Palm Springs, CA 92264 Palm Spri s, 92264 Palm Springs, CA 92264
510 200 008 510 200 009 510 200 010
Ruthmarie Stibolt Harpham George&Wendy Weyerhaeuser Alfred&Florence Dietrich
Smoke Tree Ranch PO Box 1278 1978 San Jacinto Trl
Patin Springs, CA 92262 Tacoma, WA 98401 Palm Springs, CA 92264
510211 1 510200012 5102' 014(
Smoke Tr Inc Helena Laukton Smoke Inc
1800 S S Way 1800 S Sunrise Way 1800 S S se Way
Palm Spring , 92264 Palm Springs, CA 92264 Palm Sp ' g CA 92264
510 20 015' 510 290 001 510 290 02
Smoke nc Smoke T Ranch Inc Smo Tee Inc
OOSS Sunn Way 1800 S S e Way 1800 S se Way
Palm Spring C 92264 Palm Sprin s, A 92264 Palm S s, CA 92264
512 291 002 512 291 003 512 291004
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 292 001 512 292 002 512 292 003
Millennium Dev 2 Palm Canyon Lic Palm Canyon Llc
125 Lasalle Rd 333 W Santa Clara St#1212 333 W Santa Clara St 41212
West Hartford, CT 06107 San Jose, CA 95113 San Jose, CA 95113
512 292 004 512 292 005 512 292 006
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512 292 007 512 292 009 512 292 010
Palm Canyon Lic Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 292 011 512 292 012 512 292 013
Palm Canyon Llc Palm Canyon Lic Palm Canyon Lic
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 292 014 512 292 015 512 292 016
Palm Canyon LIc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 292 017 512 292 018 512 293 001
Palm Canyon Llc Palm Canyon Llc Palm Canyon LIc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 293 002 512 293 003 512 293 004
Palm Canyon Llc Palm Canyon Lic Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St 41212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 293 005 512 293 006 512 293 007
Palm Canyon Llc Palm Canyon Lic Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St 41212
San Jose,CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 293 008 512 293 009 512 293 010
Palm Canyon LIc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose,CA 95113 San Jose, CA 95113 San Jose, CA 95113
t
512 293 Ol l 512 293 012 512 293 013
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512 300 001 512 300 002 512 300 003
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512 300 004 512 300 005 512 300 006
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512 300 007 512 300 008 512 300 009
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512300010 512300011 512300012
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512300013 512300014 512300015
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512300016 512300017 512300018
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose,CA 95113
512 300 019 512 300 020 512 300 021
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 300 022 512 300 023 512 300 024
Palm Canyon He Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose,CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 300 025 512 300 026 512 300 027
Palm Canyon Llc Palm Canyon Llc Palm Canyon Llc
333 W Santa Clara St#1212 333 W Santa Clara St#1212 333 W Santa Clara St#1212
San Jose, CA 95113 San Jose, CA 95113 San Jose, CA 95113
512 310 032 512 310 033 512 310 034
Landau Development Co Inc Allen Saari&Annette Saari Knapp Homer L&A J
2825 E Tahquitz Canyon Way#Dl 441 S Calle Encilia#14 1016 Andreas Palms Dr
Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264
512.310035 512 310 036 512 310 037
Marcel&Mary Latulippe A Amos Lopez&Marhelith Lopez Andreas Palms Community Assn Inc
2190 E Mcmanus Dr 1012 Andreas Palms Dr 1599 N Via Norte
Palm Springs,CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262
512 310 038 512 310 039 512 310 040
John Finazzo&Lorna Marie Walek Rosario&Helen Costantino Nathan Moishe&Geraldine Israelson
1004 Andreas Palms Dr 1006 Andreas Palms Dr 1008 Andreas Palms Dr
Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
513 310 003 513 310 004 513 310 005
Sean Louden Meunier Phyllis Loh Investment Lp
7415 Holly St 22347 Caballero Rd 30659 Rue Valois
Oakland, CA 94621 Clovis, CA 93611 Rancho Palos Verdes, CA 90275
513 310 006 513 310 007 5 310 08
Theodore Bella Robert Otto Me ' r hyllis
PO Box 4750 121 W Goethe St 22347 allero Rd
Palm Springs,CA 92263 Chicago,IL 60610 Clovis, A 3611
513310009 513310012 513310013
Sion&Violette Mazin Johannes Paszek Phyllis Meunier
12830 Burbank Blvd#222 2150 Wappoo Hall Rd 12405 Weddington St
North Hollywood, CA 91607 Charleston, SC 29412 North Hollywood, CA 91607
513310015 513310016 513310017
United Nations Of The World Fomrdati Sion&Violette Mazin Andreas Canyon Club
PO Box 3332 12830 Burbank Blvd#222 266 Tempos Cir
Los Angeles, CA 90051 North Hollywood,CA 91607 Arroyo Grande,CA 93420
513 6 10 18 513 3 019 513 31 020
Usa513 53 53
Unknown Unkn U
CA , CA CA
513310021 513310022 513 4 '00
Rita Peters James Asken&Ronald Kropacek City Of P Springs
9542 Avenue B 1139 E Garvey Ave N#9W PO Box 2tN-
5 Niland, CA 92257 West Covina, CA 91790 Palm SpriA 92263
13 45 00 513 45 004 . 513 540 003
City Of P Springs City Of P Springs Wdi Land Holdings Llc
PO Box 27 PO Box 27 44600 Village Ct
Palm Sprin s, 92263 Palm Spri s,VA 92263 Palm Desert, CA 92260
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513 541 001 513 541 002 513 541003
Natbeck Inv&Canyon Heights Assoc Natbeck Inv&Harald Miller Natbeck Inv&David Fringer
1158 State St#M4 333 E Channel St#2ND 2884 N Andalucia Ct
San Diego,CA 92101 Stockton, CA 95202 Palm Springs, CA 92264
513 541 004 513 541 005 513 541006
Natbeck Inv&Harold Miller Sather Karen Natbeck Inv&W Theodore Clark
333 E Channel St 42ND 3073 Ceylon Rd 9307 S Glendora Dr
Stockton,CA 95202 Costa Mesa, CA 92626 Spokane,WA 99223
513 541 007 513 541 008 513 541009
Natbeck Inv&Petka Pramatarov Maryann Ahlgren Natbeck Inv&David Witt
PO Box 3094 68733 Perez Rd#C-11 2852 N Andalucia Ct
Clifton, NJ 07012 Cathedral City, CA 92234 Palm Springs, CA 92264
513 541 010 513 541 011 513 541 012
Natbeck&Alvin Rudd Natbeck Inv&Betsy Hammes Benneth&Suzy Katz
2850 N Andalucia Ct 2851 N Andalucia Ct 1150 Sacramento St
Palm Springs, CA 92264 Palm Springs, CA 92264 San Francisco,CA 94108
513 541 013 513 541 014 513 541015
Natbeck Inv&Tanya Grubich Donn Fry&Diane Stielstra Natbeck Inv&Leota Leake
100 S Sunrise Way 4487 2873 N Andalucia Ct 2885 N Andalucia Ct
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
513 541 016 513 541 017 513 541018
Natbeck Inv&Michael Shutimson Natbeck Inv&Ferro Ti&Alloys In Natbeck Inc&Gordon Leake
33397 Mulholland Hwy 17 Connaught Sq W22hj 212 Canyon Cir N
Malibu, CA 90265 LONDON Palm Springs, CA 92264
UNITED KINGDOM
513 541019 513 541 020 513 541 021
William&Donna Randle Albert Yunker Jr. Violet Jurgich
96 Stumpfield Rd 2882 N Greco Ct 200 Beach PI#404
Kensington,NH 03833 Palm Springs, CA 92264 Edmonds,WA 98020
513 541022 513 541 023 513 541024
Natbeck Inv&Mary Williamson Evelyn Alexandre Natbeck Inv&Albert Neal Simmons
271 Murray Dr 1850 Gough St#604 100 S Sunrise Way#429
El Cajon, CA 92020 San Francisco, CA 94109 Palm Springs, CA 92262
513 541025 513 541 026 513 541027
Natbeck Inv&Larry Mather Donald Peterson Natbeck Inv&John Ivanoff
2927 Canyon Cir S 2952 Canyon Cir S 4024 12th St
Palm Springs,CA 92264 Palm Springs, CA 92264 Riverside, CA 92501
513 541028 513 541 029 513 541 030
Natbeck Inv&June Simmons Natbeck Inv&Neil Goodhue Natheck Inv&Carl Marusak
500 W Crescent Dr 300 Hillside Ave 201 S Mission Dr
Palm Springs, CA 92262 Piedmont,CA 94611 San Gabriel,CA 91776
512 210 053 512 210 054 1512 210 055
MANHATTAN HOLDINGS LLC ( MR,DAVID RUSSELL PIZARRO INVESTMENT LLC
718 19r" STREET#4 4959 NEW RANCH ROAD I MACS PROPERTY INVEST
i SACRAMENTO CA 95814 EL CAJON CA 92020 1100 IRVINE BLVD#50
TUSTIN CA 927480
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512 210 056 512 210 057 512 210 058
JORY DOUBLE D INVESTMENT CORP MR LAURENCE COLTON
1895 NORTH MAIN STREET 711 MISSION AVE#208 MR JOHN WILLIAM MCCO
ORANGE CA 92865 j OCEANSIDE CA 92054 9 LEEWARD ROAD
I BELVEDERE CA 94920
912220011 ( 512 261 005 512 270 005
ACANTO PARTNERS LLC MR JON CAFFERY MR ROBERT NIELSEN
1601 DOVE STREET#170 1 1590 E PASEO EL MIRADOR 751 PANHANDLE DRIVE
NEWPORT BEACH CA 92660 PALM SPRINGS CA 92262 DIAMOND BAR CA 91765
( 512 271 005 512 280 005 686 470 002
MR MIKAEL JAKOBSSON I USA 512 VINCIE AND P.A. DILORENZO
1490 SO CAMINO REAL#3050 ! 19 KING EDWARD COURT 601 NORTH 20T" STREET
PALM SPRINGS CA 92264 1 RANCHO MIRAGE CA 92270 BANNING CA 92220
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686 470 012 686 470 029 l 686 510 003
MR DAVID WILLINGER MR ALFRED RATTENNI I SERVICE 2001 TRUST
MS ELLEN WILLINGER 1 PO BOX 629 38155 VIA FORTUNA
38030 MARACAIBO CIRCLE EAST ARMONK NY 10504 PALM SPRINGS CA 92264
PALM SPRINGS CA 92264
686 510 017 686 510 029
MS MYRNA KAPLAN MS GLORIA MATER
6 EASTON COURT 1000 NO LAKE SHORE DRIVE#53A
RANCHO MIRAGE CA 92270 CHICAGO IL 60611
I
,I 513 570 008 513 570 009 513 570 010
Cerciello Aldo&Manuela Mra Funding Corp Hollyhills Dev Inc
5075 Shoreham PI*150 1444 S Alpine Dr PO Box 1161
San Diego, CA 92122 West Covina, CA 91791 Palm Springs, CA 92263
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I 513 570 011 513 570 012 513 570 013
I Sou Palm Cyn Hoa Ridge Martin&Martin Mcdermott Cerciello Aldo&Manuela
155 N Blue Canyon Rd 655 N Palm Canyon Dr#8 5075 Shoreham P1#150
Palm Springs, CA 92264 Palm Springs, CA 92262 San Diego, CA 92122
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513 70 Ol 513570015 513 570 016
Pizzaro v tments Llc Ridge At So Palm Canyon Homeowner Philip Bloom&John Derocco
1100 Irvine vd#50 1313 W 8th St#200 11400 W Olympic Blvd#9TH
Tustin,CA Los Angeles, CA 90017 Los Angeles, CA 90064
513 541 031 513 541032 513 541033
Natbeck Inv&Kenneth Mirch Natbeck Inv&Stephan Plager Nat Beck Inv&Kenneth Mirch
925 17th St#4 235 4th Ave 219 Canyon Cir N
Santa Monica, CA 90403 Santa Cruz, CA 95062 Palm Springs, CA 92264
513 541 034 513 541 035 513 541036
Natbeak Inv&Robert Debnam Manuel Mares Shirley Engleman
1334 NE Mayfield 231 Canyon Cir N 233 Canyon Cir N
Portland, OR 97229 Palm Springs, CA 92264 Palm Springs,CA 92264
513 541 037 513 541038 513 541 039
Natbeck Inv&Thomas Mark Trelak M J Playan Albert&Marion Carpenter
235 Canyon Cir N 2870 N Andalucia Ct 239 Canyon Cir N#91
Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
513 541 040 513 541 041 513 541042
Natbeck Inv&Lee Brandenburg Frank Bustillos Yale&Ethie Rutzick
1122 Willow St#200 1970 Fell St 1649 Beechwood Ave
San Jose, CA 95125 San Francisco, CA 94117 Saint Paul,MN 55116
513 541 043 513 541 044 513 541045
Natbeck Inv&Shirley Dec Kubly Gene Schreiber Natbeck Inv&Carolyn Nevotti
1112 7th Ave 8491 Fountain Ave#Jl 234 Canyon Cir S
Monroe, WI 53566 West Hollywood,CA 90069 Palm Springs, CA 92264
513 541 046 513 542 001 513 542 002
Natbeck Inv&Harmah Sobel Sherry Ann Scherotter Natbeck Inv
230 Canyon Cir S PO Box 2224 PO Box 1906
Palm Springs,CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92263
513 542 003 513 542 004 513 542 005
Suzanne Reynolds Natbeck Inv&Brian Catalde Inv King Jennifer J&Jennifer Inte King
2917 Cervantes Ct 901 E Tahquitz Canyon Way#100 12711 Ventura Blvd#480
Palm Springs, CA 92264 Palm Springs, CA 92262 Studio City,CA 91604
513 542 006 513 542 007 513 570 001
Natbeck Inv&Phillip Rose Natbeck Inv&Bank Of America Natl Mra Funding Corp
2910 Cervantes Ct 333 S Beaudry Ave#21ST 1444 S Alpine Dr
Palm Springs, CA 92264 Los Angeles, CA 90017 West Covina,CA 91791
513 5 0" 513 70 03 513 0 4
Mra Fun ' g Corp Mra dmg Corp Alberni up Llc
1444 S Al i r 1444 S 1�rme Dr PO Box 1
West Covi a CA 91791 West +ovine CA 91791 Palm Sp ngs, A 92263
5130
0 513 570 006 513 570 007
Alberni oup Me Cerciello Aldo&Manuela National Capital Holdings Llc
PO Box IiN 5075 Shoreham PI#150 1100 Irvine Blvd#50
Palm Spri gs, A 92263 San Diego, CA 92122 Tustin, CA 92790
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686 020 005 686 020 006 686 020 007
Agua Caliente Band-Cahuilla Indians MR ROBERT LOVE II MS KATHELEEN BARBARESI
650 E Tahquitz Canyon Way 2857 DERRY ROAD EAST MR THOMAS KELLY JR
Palm Springs, CA 92262 MISSISSAUGA ONTARIO 1200 PROSPECT STREET#250
LA JOLLA CA 92037
686 020 008 6686 050 001
ANDREAS CANYON CLUB MR ROBERT J POND
266 TEMPUS CIRCLE 64725 ACANTO DRIVE
ARROYO GRANDE CA 93420 PALM SPRINGS CA 92264
INDIVIDUALS REQUESTING MR AND MRS LEE WIEGEL
NOTICES: 380 BOGERT TRAIL
PALM SPRINGS CA 92264
5
Neighborhood Coalition List MR BILL DAVIS AND
as of June, 2003 MR PETER DIXON MS TRISHA DAVIS
City of P.C. 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA
Case 5.0676, C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
Hearing, June it 2003
P.S.P.
MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN
C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD
175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262
PALM SPRINGS CA 92262
MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO
1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
MR MARSHALL ROATH MS MARGARET PARK
MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL
565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =J-0 =D =D -J-J 650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
CITY OF PALM SPRINGS
PLANNING&ZONING DEPT
VERIFICATION NOTICE �J =J ATTN: SENIOR SECRETARY
PO BOX 2743
PALM SPRINGS CA 92263-2743
SPONSORS -J =0 -D ---D --J CITY OF PALM SPRINGS
510 290 005 510 300 002 510 310 001
1 RIVERSIDE COUNTY FLOOD PALM CANYON LLC MS MARY HODGES HALTON
CONTROL 333 WEST SANTA CLARA ST#1212 1455 CIRCLE DRIVE
1995 MARKET STREET SAN JOSE CA 95113 SAN MARINO CA 91108
RIVERSIDE CA 92501
512 033 001 MR AND MRS LEE WIEGEL 512 060 002
MR JON CAFFERY 380 BOGERT TRAIL MR JOHN ANDREAS
1600 SO MURRAY CANYON DRIVE PALM SPRINGS CA 92264 MS DEANNA TORO
PALM SPRINGS CA 92264 1 PO BOX 287
BOONVILLE CA 95415 "
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512 060 003 512 060 006 512 151 007
MR JOHN ANDREAS MR JOHN ANDREAS MR JOHNNY DRUMMOND
MS DEANNA TORO MS DEANNA TORO 2719 BONITA CIRCLE
1500 SO MURRAY CANYON DRIVE PO BOX 27113 PALM SPRINGS CA 92264
PALM SPRINGS CA 92264 LOS ANGELES CA 90027
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512151 008 512 180 006 512 180 007
MR WILLIAM TEW CANYON VILLAS HOA PALM CANYON TOWNHOMES LLC
MS PHYLLIS TEW 10701 WILSHIRE BLVD 11828 LA GRANGE AVE#200
2727 BONITA CIRCLE 1 LOS ANGELES CA 90024 LOS ANGELES CA 90025
PALM SPRINGS CA 92264
I
512 180 009 f 512 180 011 512 180 012
MS ANN BAILEY MR GILBERT CHAVEZ FSLA HEMET
5089 WALNUT PARK DRIVE 883630 QUAIL 1RVENUE PO BOX 12006
SANTA BARBARA CA 93111 INDIO CA 92201 HEMET CA 92546
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512 180 013 512 190 009 1 1512 190 014
SHELLABARGER MS ANNA THOMAS DESERT WATER AGENCY
613 HEMINGWAY AVENUE 1 10311 BEDROCK LANE#13 PO BOX 1710
PLACENTIA CA 92870 SANDY UT 84092 PALM SPRINGS CA 92263
512 190 028 ( 512 190 030 512 190 031
RJB II BARONA PARTNERS & MR W L CLARK
1156 WEST SHURE DRIVE#A TRANSACTION PROPERTY MR J R CLARK
ARLINGTON HEIGHTS IL 60004 i 577 EAST SUNNY DUNES RD#10 72790 SONORA DRIVE
PALM SPRINGS CA 9,2264 PALM DESERT, CA 92260
512 190 033 512 190 034 512 190 037
MR NOAH THOMAS SUITT 1 MR [AN DANIELSKI MR EDWARD PERRY
MS JACQUELINE HELEN SUITT 422 CALLE EL SEGUNDO MSI JILL PERRY
38315 MARACAIBO CIRCLE WEST PALM SPRINGS CA 92262 1000 EAST BOGERT TRAIL
PALM SPRINGS CA 92264 PALM SPRINGS CA 92264
512 190 038 512 190 039 512 210 049
FURER LLC CANYON PALM KJI INC
1000 EAST BOGERT TRAIL 1122 WILLOW STREET#200 3700 CAMPUS DRIVE#201
PALM SPRINGS CA 92264 SAN JOSE CA 95125 NEWPORT BEACH CA 92660
512210050 512210051 512210052
ESCROW SUPPORT SERVICES EXCHANGE SUPPORT SERVICES MR WALTER HOLIDAY
180 GRAND AVENUE#1385 180 GRAND AVENUE#1385 5625 WINDSOR WAY#303
OAKLAND CA 94612 OAKLAND CA 94612 CULVER CITY CA 90230
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009 600 166 009 601 718 009 601 719
Agua Caliente Dev Authority Robert Haglund Stanford Goulding
Canyon Country Club 135 E Twin Palms Dr PO Box 240
1100 E Murray Canyon Dr Palm Springs, CA 92264 Sunset Beach, CA 90742
Palm Springs,CA 92264
009 601 720 009 601 721 009 601764
Barbara Turner Jacqueline Lawrence Ramanathan Krishnan&Nirjala Krish
27164 Fond Du Lac Rd 2737 S Camino Real PO Box 133202
Rancho Palos Verdes, CA 90275 Palm Springs, CA 92264 Big Bear Lake, CA 92315
009 601 765 009 601 777 009 1 7 8
Howard Sanger&Barbara Sanger Jack&Cindy Ginsberg Jacque Lawrence
2488 S Alhambra Dr 8435 NE 13th St 2737 S Pun Real
Palm Springs, CA 92264 Bellevue,WA 98004 Palm SCA 92264
009 601 779 009 601 780 009 601 781
Raymond Sneath Richard&Barbara Dolven William Tew
2739 Bonita Cir 138 Sagamore Rd Box 514 Grand Bend
Palm Springs,CA 92264 Millburn,NJ 07041 ON NOM 1T0
CANADA
009 601 782 009 601783 009 602 095
Scott Timberlake Keith Slubou&Simmie Shibou Tao Shing Hsu&Kuei Lam Hsu
2719 Bonita Cir 2707 Bonita Cir 2700 S Calle Palo Fierro
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 096 009 602 097 009 602 098
William Knight Sidney Port - Leona Louise Silverman
2712 S Calle Palo Fierro 1040 N Lake Shore Dr#12D 491 E Santiago Way
Palm Springs, CA 92264 Chicago, IL 60611 Palm Springs, CA 92264
009 602 099 009 602 100 009 602 101
Steven Little&Richard Langley Jr. Theodore Maltin&Barbara Maltin Noia Ernest G&Carolyn G
1875 Century Park E#150 465 E Santiago Way Noia
Los Angeles, CA 90067 Palm Springs, CA 92264 457 E Santiago Way
Palm Springs, CA 92264
009 602 102 009 602 103 009 602 105
Estate Firm Real Frank Lundberg&Judy Kvammen Milt Israel
2720 NE 33rd Ave 345 E Santiago Way 300 E Santiago Way
Portland,OR 97212 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 106 009 602 107 009 602 108
Daniel Livingston Joseph Kotansky&William Vanhorn George Machado
390 E Santiago Way 422 E Santiago Way 444 E Santiago Way
Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 109 009 602 110 009 602 111
Graham Ronald Wein&Tina Wein Bearman Jerome&Brenda Sue
464 E Santiago Way 484 E Santiago Way Jerome&Brend Bearman
Palm Springs, CA 92264 Palm Springs, CA 92264 490 E Santiago Way
Palm Springs, CA 92264
nA
009 602 373 009 602 374 009 602 375
Larson Herbert W David Bailey Barbara Pierce
1515 E Via Estrella 617 S Olive St#910 1599 E Via Estrella
Palm Springs, CA 92264 Los Angeles, CA 90014 Palm Springs, CA 92264
009 602 376 009 602 377 009 602 405
Mark&Linda Wolpa Hull Richard F Annette Goldberg
3826 Palo Alto Dr 2150 S Andrews Ave 1555 N Astor St
Lafayette, CA 94549 Fort Lauderdale,FL 33316 Chicago,IL 60610
009 602 406 009 602 407 009 602 408
Frank Holmes&Ralph Ferraro Charlene Fracess Maryann Samuelson
1558 E Via Estrella 1590 E Via Estrella 1606 E Via Estrella
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 409 009 602 412 009 602 413
Virgil Bramlett Jr. Ruth Romoff&Julius Kreeger Law David W&Patricia Christeen
737 E Alejo Rd 1680 S Murray Canyon Dr 1650 S Murray Canyon Dr
Palm Springs,CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
009 6 444 009 602 415 009 602 416
Jon C Kendall Rosemeyer Frank Pearl G
1600 S Mqfiq Canyon Dr 230 Saint Andrews Dr 1570 S Murray Canyon Dr
Palm Sprints,bA 92264 Napa, CA 94558 Palm Springs, CA 92264.
009 602 417 009 602 418 009 602 419
Mary&Merriman John Arena John Goettlicher Edward&Felictas Corbell
1550 S Murray Canyon Dr 1500 S Murray Canyon Dr 1304 llth St
Palm Springs, CA 92264 Palm Springs, CA 92264 Manhattan Beach, CA 90266
009 602 420 009 602 421 009 602 422
William Phillips&Sandra Phillips 1400 Murray Canyon C Larry Hoag&Helen Hoag
PO Box 3223 620 Arkell Dr 7730 4th PI
Rancho Mirage, CA 92270 Beverly Hills,CA 90210 Downey, CA 90241
009 602 423 009 602 424 009 602 425
Slavin Leon Kenneth Buck&Vicki Lyn Buck Gerard Louis Garin
1330 E Murray Canyon Dr 1801 NE Marine Dr 2514 S Toledo Ave
Palm Springs,CA 92264 Portland, OR 97211 Palm Springs, CA 92264
009 602 677 009 602 678 009 602 679
Don Norton Weber Steven&Glenn Tra Anderson Howard&Beverly Sumerlin
2716 S Kings Rd W 2710 S Kings Rd W 2730 S Kings Rd W
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 680 009 602 681 009 2 68
David Ebersole&Danny Poucher Robert&C C Peones Eric& g Schroeder
2690 S Kings Rd W 2660 S Kings Rd W Connie P
Palm Springs,CA 92264 Palm Springs, CA 92264 4510 68th e
AB
009 602 683 009 602 684 009 602 685
Maurice Lava&Edith Lava Charles Goldberg&Diane Goldberg Carnes Nancy J
3531 Oakton Dr#3009 PO Box 99719 2691 S Kings Rd E
Minnetonka,MN 55305 San Diego, CA 92169 Palm Springs, CA 92264
009 602 686 009 602 687 009 602 688
Michael Friedberg&Marvin Gans Edna Sohr Richard Peipho
30 N La Salle St#2600 2733 S Kings Rd E 2747 S Kings Rd E
Chicago,IL 60602 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 689 009 602 690 009 602 691
Alexene Silver Tracy Leff Irving Pinto
1880 Century Park E#300 3001 Danalda Dr 331 Caminito Daniella
Los Angeles, CA 90067 Los Angeles, CA 90064 Del Mar, CA 92014
009 602 692 009 602 693 009 602 694
Donald Lewis Matlock&Betty Rae Ma Rosalind Siegel Sternoff Ruth Colman
330 Tennant Ave 2750 S Kings Rd E 21236 Pacific Coast Hwy
Morgan Hill, CA 95037 Palm Springs, CA 92264 Malibu, CA 90265
009 602 695 009 602 696 009 602 697
Maxine Allshuler Dante&Teresita Han Ravetti Ira&Arlene Ginsberg
2696 S Kings Rd E 555 Laurel Ave#123 19532 Wells Dr .
Palm Springs, CA 92264 San Mateo, CA 94401 Tarzana, CA 91356
009 602 698 009 602 699 009 602 700
Drucker James&Shirley J Robert&Patricia Greer Michael Landsman&Seymour Horde
Drucker 2638 S Kings Rd E 2600 S Kings Rd E
2708 Waltham Cross St Palm Springs, CA 92264 Palm Springs, CA 92264
Belmont, CA 94002
009 602 701 009 602 702 009 602 703
John Boulton&David Kelders Geoffrey&Patricia Cross Ronald Maline&Deborah Dee Simpso
9011020 Harwood 2627 S Kings Rd W 8235 2nd St
VANCOUVER BC V6E 4R1 Palm Springs, CA 92264 Downey, CA 90241
CANADA
009 602 704 009 602 705 009 602 706
Arlene Barnett Morton Ulman&Andree Ulman Harold Lutrin
2649 S Kings Rd W PO Box 2562 2657 S Kings Rd W
Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92264
009 602 707 009 602 709 009 602 709
Glickman Harry&Joanne Michael Humenuik Ellen Mcdonald&Emily Ma Hirschfiel
Glickman 4196 Martel Ave 759 Snow King Dr
334 SE Spokane St Los Angeles, CA 90036 Jackson Hole,WY 83001
Portland, OR 97202
009 602 710 009 602 711 009 02 .12
Jack Victor&Rita Victor Tony&Norma Guenther MicTAnIe
menuik
3201 Old Jacksonville Rd 328 Piazza Lido 419Ave
Springfield,IL 62707 Newport Beach, CA 92663 Los CA 90036
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009 602 713 009 602 714 009 602 715
Steven&Keith Nemnann Miriam Woodley Cohen Edith&Cohen Edith
Kenneth&Hele Neumann 3505 S 194th St 2781 S Kings Rd W
1922 Wisteria Ct#2 Seattle,WA 98188 Palm Springs, CA 92264
Naperville,IL 60565
009 602 716 009 602 717 009 602 718
Melvin Schwartz&Ramona Schwartz Notorangelo Tyra&Daitchman Quali Irving&Margarette Singer
2748 S Kings Rd W 900 E Murray Canyon Dr PO Box 8276
Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92263
009 602 719 009 602 720 009 028 9
George Millirons Len&Karen Marmor Agua i me Dev Authority
3 Stanton Ct 962 E Murray Canyon Dr Canyon untry Club
Orinda, CA 94563 Palm Springs, CA 92264 1100 E y Canyon Dr
Palm Spri gs, A 92264
009 602 902 - 009 603 028 009 603 029
Agua C ient Dev Authority Agua C 'ent ,Dev Authority A ali me Dev Authority
Canyon Co Club Canyon C Club Canyon entry Club
1100 E Murra anyon Dr 1100 E Murr Canyon Dr 1100 E M ay Canyon Dr
Palm Springs, 92264 Palm Spring C 92264 Palm Spri g , CA 92264
009 603 034,r 009 603 512 009 606 026
Agua ,en
a Dev Authority Agua alie to Dev Authority Marilyn Yokaitis
Canyon try Club Canyon try Club 31 Churchill Ln
1100 E Murr Canyon Dr 1100 E M y Canyon Dr Rancho Mirage, CA 92270
Palm Springs, 92264 Palm Spri s, A 92264
009 606 027 009 607 498 009 607 499
Granite Canyon Villas Canyon Palm Henry Schielein&Carol Schielein
31 Churchill Ln 1122 Willow St#200 1221 W Coast Hwy
Rancho Mirage, CA 92270 San Jose, CA 95125 Newport Beach, CA 92663
009 607 500 009 607 501 009 607 502
David& Sara Skersick Richard&Sally Martinez Albert Dexter&Elaine Lantheau Land
820 Snapdragon Cir 1632 Abajo Dr 3090 Goldenrod Ln
Palm Springs, CA 92264 Monterey Park, CA 91754 Palm Springs, CA 92264
009 607 503 009 607 504 009 607 505
David Reeder Michael Kaiser Canyon Palm
14571 Round Valley Dr 3070 Goldenrod Ln 3060 Goldenrod Ln
Sherman Oaks, CA 91403 Palm Springs,CA 92264 Palm Springs, CA 92264
00 07 06 009 607 507 009 607 508
Can
yo m Denise Gilbert West Pointe Homes Inc
1122 Will t#200 3030 Goldenrod Ln 3000 Goldenrod Ln
San Jose,C 9 125 Palm Springs,CA 92264 Palm Springs, CA 92264
009 607 510 009 607 511 009 607 512
Zachary Franks&Marly Stone James&Valerie Haley Edward Kaplan
PO Box 42037 720 S Colorado Blvd#380 1946 E Mark Leslie Dr
Portland,OR 97242 Denver, CO 80246 Palm Springs, CA 92264
J
009 607 513 009 607514 009 607 515
Glen Jenkins&Cheryl Jenkins Jon Caffery Donald Lipsih
PO Box 64 435 E Tahquitz Canyon Way 1425 N Harper Ave#4
Mauzanita,OR 97130 Palm Springs, CA 92262 Los Angeles,CA 90046
009 607 516 009 607 517 009 7 18
R Way Inc Playan M I Fbo&Playan M J Car
alm
PO Box 696 2870 N Andalucia Ct 1122 W 1 w St#200
Cathedral City, CA 92235 Palm Springs, CA 92264 San Jos C 95125
009 607 519 009 607 520 009 607 521
Rick Hawkins&Roy Schaefer Walter&Sharon Diamond Timothy Carlson
2530 S Camino Real 650 E Bogert Trl 2310 SW Chelmsford Ave
Palm Springs, CA 92264 Palm Springs, CA 92264 Portland,OR 97201
009 607 522 009 607 523 009607
*' a
Earlene Nielsen West Pointe Homes Inc West Pen Inc
580 E Bogert Trl 960 W Lake Boulevard 204 960 Wd#204
Palm Springs, CA 92264 Westlake Village, CA 91361 WestlakeCA 91361
009 607 525 009 607 526 009 607 527
Ldw Inv Epp Mark Noble&Susan Dahlberg
1444 S Alpine Dr 374 W Wistaria Ave 400 E Bogert Tr1
West Covina, CA 91791 Arcadia, CA 91007 Palm Springs, CA 92264
009 607 2 009 607 530 009 07 53
Charles L eigel&Marie Lyons Michael Childers Alan &Suzanne Somers
380 E Bogert rl 1627 N Crower Studio#1 PO Box 5 7
Palm Springs. 92264 Hollywood, CA 90028 Valenci CA 91385
009 607 532 009 607 534 009 607 535
Alan Hamel&Suzanne Somers Nancy Bien Roger Seltzer&Lois Seltzer
PO Box 55457 10227 Candleberry Ln 22451 De Grasse Dr
Valencia, CA 91385 Northridge, CA 91324 Calabasas, CA 91302
009 607 536 009 607 537 009 607 538
Lopez Abelardo Christopher Eve&Frances Eve Delarg Valerie Clinton
435 E Bogert Tr] 495 E Bogert Trl 998 S Thompson Rd#1
Palm Springs, CA 92264 Palm Springs, CA 92264 Lafayette, CA 94549
009 607 539 009 607 540 009 607 541
R-way Inc West Pointe Homes Inc D&N Llc
PO Box 696 26500 W Agoura Rd 12351 S Ave#4E
Cathedral City, CA 92235 Carlsbad, CA 91362 Yuma,AZ 85365
009 607 542' 00 60T 543 009 07 "4
Hollyhi D v Inc Holl s Dev Inc West ' to Homes Inc
PO Box 11 PO Box 161 960 We e Blvd#204
Palm Spring 92263 Palm Sp 'n s, CA 92263 Wesd age, CA 91361
2
009 607 545 009 607 546 009 607 547
Michael &Chawn Prieto Eugene&Patricia Pastrick Meltz
2170 Tamarisk Rd 3120 Marigold Cir 3130 Marigold Cir
Palm Springs,CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
009 607 548 009 607 549 009 607 550
Judith Solomon Louis Smits&Helen Smits Pink
PO Box 491237 2532 N Girasol Ave 717 Brea Canyon Rd#3
Los Angeles, CA 90049 Palm Springs, CA 92262 Walnut, CA 91789
009 607 551 009 607 552 009 607 553
Jeff Litton&Litton Sharon Turner Richard Riccio&Linda Riccio John Spencer
720 Dogwood Cir W 1691 E Ocotillo Ave 2278 Washington St 07
Palm Springs,CA 92264 Palm Springs, CA 92264 San Francisco, CA 94115
009 607 554 009 607 555 009 607 556
Robert Nelson Tenney Williamson Graham Susan J&Susan Revpo Graha
780 Dogwood Cir W 785 Azalea Cir W 780 Azalea Cir W
Palm Springs,CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 607 557 009 607 558 009 607 559
Samuel&Diane Roitenberg Walter Holiday Peter Tynberg&Nan Tynberg
5500 Wayzata Blvd#1065 5625 Windsor Way 9 King Edward Ct
Minneapolis,MN 55416 Culver City, CA 90230 Rancho Mirage, CA 92270
009 607 560 009 607 561 009 607 562
Ruth Patencio&Patricia Patencio Guy&Barbara Forney Lori Kirshner&Peter Spiegel
3130 Goldenrod Ln 902 Azalea Cir E 905 Azalea Cir E
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 607 563 009 607 564 009 607 565
Douglas Turstee Westwater Dennis Spurgin&L R Jeanne Miller Clinton F&Karen V
Douglas Westwater 915 Dogwood Cir E Miller
401 E Pedregosa St Palm Springs, CA 92264 PO Box 399
Santa Barbara, CA 93103 Watsonville, CA 95077
009 607 566 009 607 567 009 607 568
Leonard Bow&Darlene Bow Halleck Marten Plante
950 Dogwood Cir E PO Box 696 PO Box 519
Palm Springs, CA 92264 Cathedral City, CA 92235 Palm Springs,CA 92263
009 607 569 009 607 572 009 607 771
Robin Rosenberg&Rosemarie Fiorenti William Thomas&Roger Minami Canyon Palm
955 E Bogert Trl 348 S Main St 1122 Willow St#200
Palm Springs, CA 92264 Pleasantville,NJ 08232 San Jose, CA 95125
009 607 772 009 607 845 009 609 241
Glickman Hollyhills Dev Inc Richard Wheeler&Rae Wheeler
725 E Bogert Trl 2705 S Palm Canyon Dr 10409 Riverside Dr#104
Palm Springs,CA 92264 Palm Springs, CA 92264 Toluca Lake, CA 91602
009 609 242 009 609 243 009 609 244
Vincie Dilorenzo&Pietrina Dilorenzo Hal Hall&Norman Stoller Dasilva Rui A Fres Inc Profit Sharing P
601 N 20th St 1225 Amethyst St#A 58471 Twentynine Palms Hwy
Banning, CA 92220 Redondo Beach, CA 90277 Yucca Valley, CA 92284
009 609 245 009 609 246 009 609 247
Dale Behm&Judith Behm Steven&Kathryn Lyle Timothy Taylor
38211 E Bogert Trl 38230 Maracaibo Cir E 38200 Maracaibo Cir E
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 609 248 009 609 249 009 609 250
John Luhrs&A Christine Lulus Ronald&Wanda Nakata Samuel Angel&Susan Angel
34300 Lantern Bay Dr#54 7306 NE Fremont St 38080 Maracaibo Cir E
Dana.Point, CA 92629 Portland, OR 97213 Palm Springs, CA 92264
009 609 251 009 609 252 009 609 253
Manuel Rodriguez Ronald Williams Vadnais Edmond J&Margaret A
1048 Rashford Dr 4511 E Sunny Dunes Rd#B Vadnais
Placentia, CA 92870 Palm Springs, CA 92264 38011 Maracaibo Cir W
Palm Springs, CA 92264
009 609 254 009 609 256 009 609 257
Raymond Leonard&Kathryn Leonard Marc&Michelle Vincent Wallace&Maxine Beinfeld
38025 Maracaibo Cir W 38085 Maracaibo Cir W 2333 E Rogers Rd
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92262
009 609 258 009 609 259 009 609 260
Hugh Kaptur Harry Robinson Thomas Shannon&Aat Groenevell
38165 Maracaibo Cir W 38215 Maracaibo Cir W 622 N Water St#600
Palm Springs, CA 92264 Palm Springs, CA 92264 Milwaukee, WI 53202
009 609 261 009 609 262 009 609 263
William&Rosemary Thomas M&Marcia Higashino Julius Zev Yanofsky
38194 Maracaibo Cir W 38144 Maracaibo Cir W 9000 W Sunset Blvd#1000
Palm Springs, CA 92264 Palm Springs, CA 92264 Los Angeles,CA 90069
009 609 264 009 609 265 009 609 266
Naomi Barer-fink&Michael Barer Larry Goodman&Myrna Goodman Silas Oquinn
38086 Maracaibo Cir W 14400 Aviation Blvd 38127 Maracaibo Cir E
Palm Springs, CA 92264 Hawthorne, CA 90250 Palm Springs, CA 92264
009 609 267 009 609 268 009 66R 209
Robert&Joan Ross Wayne& Chrism King Steven 4anet Reid
38147 Maracaibo Cir E 38197 Maracaibo Cir E *no Site ess*
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Sp ng CA 92264
009 609 270 009 609 271 009 6 27
Andreas Canyon Estates Homeowners Dunphy Industries Andr 3 you Estates Homeowners
600 E Tahquitz McCallum Way PO Box 2739 600 E T uitz McCallum Way
Paha Springs, CA 92262 Palm Springs, CA 92263 Palm S CA 92262
009 610 907 009 610 908 009 610 909
Wunderlich Cynthia Greenbaum Andrea S-M st
PO Box 1003 38105 Via Fortuna 38155 Fortuna
Dayton,NV 99403 Palm Springs, CA 92264 Palm S rin , CA 92264
009 610 910 009 610 911 009 610 912
Helen Stout Arthur&Helen Bagdasarian B Moshe
2105 Hickory Dr NW 64382 Via Risso 611 S Palm Canyon Dr#7129
Cleveland,IN 37311 Palm Springs, CA 92264 Palm Springs, CA 92264
009 610 913 009 610 914 009 610 915
Truman Gates&Janice Gates Gerald Gales&Ruby Gales Joseph Bernstein
64381 Via Amente 64425 Via Amente 780 N Water St
Palm Springs, CA 92264 Palm Springs, CA 92264 Milwaukee,Wl 53202
009 610 916 009 610 917 009 610 918
Ziebarth Roger&Gloria Mcdowell Karl&Harriet Schreiner
38276 Via Lasso 38222 Via Lusso 38164 Via Lasso
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 610 919 009 610 922 009 610 923
Mary Bono Harrison Kervin H&B J Richard Coleman&Melanie Coleman
64505 Via A,mente 33221 Via Roberta PO Box 142
Palm Springs, CA 92264 Palm Springs, CA 92264 Ross, CA 94957
009 610 924 009 610 925 009 610 926
Richard Coleman&Melanie Coleman R-way Inc Philip Becker
PO Box 1632 29240 Avenida La Vis 38054 Via Roberta
Ross, CA 94957 Cathedral City, CA 92234 Palm Springs, CA 92264
009 610 927 009 610 928 009 610 931
Philip Becker Charles Spitz&Beth Spitz Bello Monte Homeowners Assn
38054 Via Roberta 64540 Via Amente 64515 Acanto Dr
Palm Springs, CA 92264 Palm Springs,CA 92264 Palm Springs, CA 92264
009 61 009 610 933 009 610 999
Betio Mont omeowners Assn Payton Stephens Lillian Berman Goldfarb
64515 Acan r 1150 E Amado Rd#17C1 2525 S Toledo Ave
Palm Spring C 2264 Palm Springs, CA 92262 Palm Springs, CA 92264
009 612 731 00 ' 13 34 009 615 599
Marvin&Eileen Stern Gloria ter Vista Canyon
839 N Dearborn St 1000 N e Shore Dr#53A 505 S Farrell Dr#75
Chicago,IL 60610 Chicago, 0611 Palm Springs, CA 92264
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505 S ell Dr#75 y V1 you
505 ell Dr#75 505 ell Dr#75
Palm Spr CA 92264 Palm Sp ' s, CA 92264 Palm S gs, CA 92264
009 615 596 009 615 597 009615198
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505 S75 505 F ell Dr#75 505 S ell Dr#75
Palm 92264 Palm S ' s, CA 92264 Palm S rin s, CA 92264
009 615 599 00 615 6 0 009 615 60
Vista C you Vista on Vis
Can on
505 S F 1 D #75 505 S F 11 Dr#75 505 F ell Dr#75
Palm Springs, 92264 Palm Spr gs, CA 92264 Palm gs, r 92264
009 615 602 009 615 603 009 615 6 4
Vista an on y Vis on
505 S ell r#75 50r5 S Can e 1 Dr#75 505 S Dr#75
Palm Springs, 92264 Palm Sp , CA 92264 Palm Springs, CA 92264
009 615 605 00916156
6 009 -15 60
Vis Canyo Vis n Vista Can on
505 S ell Dr#75 50511 Dr#75 505 S ell Dr#75
Palm Spn CA 92264 Palm pgs, CA 92264 Palm Sp s, CA 92264
009 615 6 9 009IST
5 61 009 156 1
Vis Can on an an n
505 ll Dr#75 505 y r#75 Vista you
Palm Sprin s, CA 92264 505 S 1 Dr#75
Palm pri gs, CA 92264 Palm S rings, CA 92264
009 615 612 009 15 6 3 009 715 355
Vista you Vista Desert Adventur alif Corp
505 S F 1 #75 505 S F ell Dr 475 67555 E Palm C on Dr#E106
Palm Springs,�CA 92264 Palm Sp gs, CA 92264 Cathedral City,CA 92234
i�
Case No. 5.0576-SP-1A.
City of Palm Springs f OFC OF HIST IC P fSERVATION NATIVE A RIC HERITAGE COM
June 25, 2003 P.C. Hearin ATTN MR HANS R TZBERG 1400 TENTH ET
NOP Agency Mailout (total) PO BOX 942896 SACRAMENTO 95814
t r _ SACRAMENTO CA 96-0001
RIVERSIDE COUNTY FLOOD CONTROL/ CALIFORNIA REGIONAL WATER PALM SPRINGS UNIFIED SCHOOL DIST
WATER CONSERVATION DISTRICT QUALITY CONTROL BOARD 333 SOUTH FARRELL DRIVE
1995 MARKET STREET 73-720 FRED WARING DRIVE#100 PALM SPRINGS CA 92262
RIVERSIDE CA 92501 PALM DESERT CA 92260
SO CALIFORNIA GAS COMPANY MR TOM DAVIS STATE O CALIF RNIA
211 NORTH SUNRISE WAY AGUA CALIENTE TRIBAL COUNCIL WATER RE CES CONTROL BOARD
PALM SPRINGS CA 92262 650 EAST TAHQUITZ CANYON WAY 1416 NINTH REET ROOM 615-2
PALM SPRINGS CA 92262 SACRAMENT 95814
REGION 8 ENV SERVICES DIV EASTERN SIERRA& INLAND US ARMY RP ENGINEERS
CALIF DEPT OF FISH & GAME DESERTS REGION 8 ATTENTION: E ULATORY BRANCH
350 GOLDEN SHORE DR SUITE D 4775 BIRD FARM ROAD PO BOX 2711
LONG BEACH CA 90802 CHINO HILLS CA 91709 LOS ANGELE 90053
BUREAU OF AND ANAGEMENT ARCHAEO GIC l RESEARCH DEPT STATE OF LIF RNIA
US DEPT OF I RI( UNIVERSIT F CALIF AT RIVERSIDE RESOURCES NGY
PO BOX 581260 1313 WATKIN 1416 NINTH ST ET ROOM 1311
NORTH PALMS GS CA 9225-8 900 UNIVERSI AVENUE SACRAMENT C 5814
RIVERSIDE C 9 21
STATE OF � ALIFORNIA ENVIRO EN AL REVIEW DIV MS JOAN TAYLOR
DEPT OF C SE ATION US FISH & LIFE SERVICES SIERRA CLUB
DIVISION OF IN S & GEOLOGY 2730 LOKKE VENUE WEST 1800 SOUTH SUNRISE WAY
801 K STREET 12-30 CARLSBAD 008 PALM SPRINGS CA 92264
SACRAMENTO 95814
MS KATIE B ROW MR JIM EFO E
COACHELLA LL MOUNTAIN BIGHOR R EARCH INSTITUTE
CONSERVANC PO BOX 2
Mov -eft no addres 73-710 FRED W ING DRIVE#205 PALM DE T CA 92261
PALM DESERT A 226o
SOUTHERN CAL EDISON CO P S WASTE DISPOSAL SERVICES GENERAL TELEPHONE CO
336-100 CATHEDRAL CANYON DR 4690 EAST MESQUITE 295 NORTH SUNRISE WAY
CATHEDRAL CITY, CA 92234 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262
DESERT WATER AGENCY SCAQMD BUREAU OF INDIAN AFFAIRS
1200 SOUTH GENE AUTRY TRAIL 21865 EAST COPLEY DRIVE PO BOX 2245
PALM SPRINGS CA 92264 DIAMOND BAR CA 91765-4182 PALM SPRINGS CA 92263-2245
MR WAYNE BRECHTEL CALTRANS DISTRICT 8 NOP Ageri Ist as of
462 STEVENS AVENUE #102 TRANSPORTATION PLANNING DIV April 2003 (u led)
SOLANA BEACH CA 92075 ATTN MR ALBERFT RENCH
464 W 4TH ST 6 FLOOR MS 726
SAN BERNARDINO CA 92401-1400
yAyA'
o� QA,LM sA� City of Palm Springs
N Planning &Building Department
C"44 FORN�r•
M1TEM00 ° ^ HDUMil
Date: June 3, 2003
To: Claudia Selgado and
Arvada Wilson
Bureau of Indian Affairs r
From: Loretta Moffett, Senior Secretary
Subject: City of Palm Springs Case No. 5.0576 SP-1A
June 25, 2003
Hi Claudia and Arvada!
I am enclosing a list of the Indian owned parcels relative to the above case along with 30 notices for mail out
as soon as possible regarding the Planning Commission June 25 Hearing.
If you need more notices and/or postage paid envelopes, please call me at 323-8245 and I'll be happy to
bring you extra...I'm only 5 minutes away! My email address is Loretta M@ci.palm-springs.ca if you wish to
email me with info at any time.
Thanks again for your continued help!
Enclosures: 8 pages of APN Parcel numbers (193 total parcel numbers)
30 Planning Commission Public Hearing Notices
NOTICE OF PLANNING COMMISSION MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576 -SP-IA
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive,
west of the Palm Canyon Wash, east of the San Jacinto Mountains
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California,will hold
a public hearing at its meeting of June 25, 2003. The Planning Commission meeting begins at 1:30
p.m.(public hearings-start at 2:00 p:m.-)-in-'he Gouncii-Chamber at City Hall-, 3200 E. Tahquitz Canyon Way,
Palm Springs.
The purpose of the hearing is to consider Case 5.0576, an application by the City Pam Springs for a General
Plan amendments to remove the PR, M15 and H30 designations west of South Palm Canyon Drive and
replace them with L2 (Low Density Residential 2 units/acre). In addition, approximately 35 acres southwest
of the Canyon Heights development will be re-designated from L2 to C(Conservation),and includes a density
transfer of 70 units to adjacent eastern property. In order to accommodate the hotel and spa at the southeast
corner of South Palm Canyon Drive and Murray Canyon Drive, the property is proposed to be redesignated
from MI5(Medium Density Residential 12-15 units/acre)to H30 (High Density Residential 21-30 units/acre).
The entire planning area encompasses approximately 741 acres located south of Murray Canyon Drive, north
of Acanto Drive,west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W,W-R-1-B,
R-1-13, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
An amendment to Specific Plan #1A will also be considered. The revised Specific Plan will consist of 4
components: the golf course redesign and clubhouse remodel, the hotel and spa location, existing and
proposed residential development, and conservation/open space. The project boundary will be reduced by
approximately 20 acres at the northeast corner, determined to be undevelopable in the Stipulated Judgment.
The total number of units proposed for the Specific Plan will be reduced by 40 units. Development proposed
in the Specific Plan is consistent with that already occurring in the area.
An Environmental Impact Report and Mitigated Negative Declaration have been previously approved by the
City Council in conjunction with the approval of the Canyon Park Resort and Spa Specific Plan #1A. An
Addendum to the certified Environmental Impact Report has been prepared and will be reviewed by the
Planning Commission at the meeting. Members of the public may view this document in the Department of
Planning and Zoning, City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs, and submit written comments
at, or prior to, the Planning Commission hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the Planning Commission
hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yea, Associate Planner, (760) 323-8245,
PLANNING COMMISSION
DC L R. EVANS
Director of Planning and Zoning
VICINITY MAP
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CITY. 4F PALM SPRINGS
CASE N0. 5.0576 - SP-1A DESCRIPTIdN
Application for a Specific Plan Amendment and General
APPLICANT City of Palm Springs Plan Amendment on 741 acres located south of Murray
Murray Canyon Drive, north of Acanto Drive,west of the
Palm Canyon Wash, east of San Jacinto Mountains,
Zone W,W-R-1-B, R-1-8,W-R-1-A, R-1-A, 0-20, U-R
R-2, SP-1, portions of Section 34, 35, and 36.
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EXHIBIT A 5 Q-��' Q
Case No. 5.0576 SP-1A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive
west of the Palm Canyon Wash, east of the San Jacinto Mountains
July 16, 2003
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 and Zoning, 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.
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 except as specifically
modified herein.
1 a. The Agua Caliente Development Authority and Palm Canyon, LLC 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 5.0576-SP-
1A. 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.
2. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, 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.
3. The mitigation measures of the environmental assessment and mitigation monitoring
program as approved as conditions of approval, dated June 25, 2003, shall apply.
Mitigation measures are as follows:
a. A traffic signal shall be installed when warranted at the intersection of South Palm
Canyon Drive and Murray Canyon Drive. Project Fair Share Contribution: 66.35%.
b. A traffic signal shall be installed when warranted at the intersection of South Palm
canyon Drive and La Verne Way. Project Fair Share Contribution: 67.89%.
c, South Palm Canyon Drive, north of Murray Canyon Drive, shall be improved to
provide four through lanes. Project Fair Share Contribution: 67.89%.
d. The design of the final layout of individual site access driveways or roadways shall
be subject to review and approval by the City Engineer prior to issuance of building
permits on any site.
e. Appropriate right of way shall be dedicated with each individual project approval to
ensure the ultimate improvement of planned roadways within the Specific Plan
boundary.
f. All public streets within the Specific Plan boundary shall be designed to City of Palm
Springs standards.
g. General Plan bikeways and horse trails shall be incorporated within each applicable
project design within the Specific Plan boundary.
h. Individual project driveways or roadways on Murray Canyon Drive or South Palm
Canyon Drive shall be stop sign controlled.
i. A golf cart circulation system, in conformance with State law and City of Palm
Springs standards, shall be provided within the Specific Plan boundary.
j. The hotel operator shall operate an airport shuttle.
k. Applications for development shall be coordinated with Sunline Transit.
I. All development proposals shall demonstrate conformance with City on-site parking
standards.
M. All development proposals shall contribute TUMF fees in the amount mandated at
the time building permits are issued.
n. The hotel development shall conform to the City's Transportation Demand
Management (TDM) Ordinance, if it meets the requirements of that ordinance.
o. The existing per unit traffic mitigation fee for this project shall be revised by a traffic
engineer, subject to the approval of the City Engineer, in order to implement
mitigation measures 1 through 3,to reflect the fair share contribution shown in each
mitigation measure.
P. Based upon the field surveys, available geologic literature and professional
engineering analyses, it has been determined that,from a geotechnical perspective,
the proposed Canyon South Specific Plan project is feasible on the subject property.
The geotechnical investigations prepared on-site and in the immediate vicinity
indicate that specific actions to mitigate geotechnical limitation of the soils,
drainage, slope instabilities and groundshaking will be required.
No geotechnical constraints have been identified, which cannot be mitigated by
proper planning, design, engineering and construction. The recommendations
provided below are preliminary and site-specific investigations and mitigation of
geotechnical constraints must be based upon design-level geotechnical
investigations and analysis. Mitigation of identified geotechnical conditions is not
expected to result in economic impacts to the project that are atypical for the site
or vicinity.
The following mitigation measures include jurisdictional standards to assure
adequate mitigation of geotechnical constraints and their reduction to insignificant
levels. They do not represent new mitigation measures from those previously
certified,exceptwhere local or state-mandated standards(such as Uniform Building
Code requirements) have become more stringent.
Wind Erosion
1. A wind erosion control plan shall be submitted to and approved by the City
Engineer before grading permits are issued for any development proposal
within the project area.
2. Maintaining moist surface soils, application of soil binders, planting
stabilizing vegetation, and erecting temporary and permanent wind breaks,
such as sand fences and walls, shall be required to help mitigate wind
erosion. Soils shall be pre-watered prior to grading and the project
proponent shall maintain site watering activities during grading operations
and over the course of construction.
Fault Movement and Groundshaking
1. An on-site geotechnical analysis shall be prepared for each development
proposal, and shall include a deterministic and probabilistic ground motion
analysis that establishes peak horizontal ground acceleration potentials at
the site. The results of this analysis shall be applied in the seismic design
of structures and other critical facilities.
2. All structural design shall be in accordance with on-site soils and ground
motion analyses, the most recent edition of the Uniform Building Code,
including California amendments, and the seismic design parameters of the
Structural Engineer's Association of California.
3. Additional geotechnical study and analysis shall be conducted on the
proposed hotel site located at the southeast corner of South Palm Canyon
Drive and the Murray Canyon Drive. Said additional study shall be
conducted in accordance with the Final EIR geotechnical study and
prevailing geotechnical engineering standards.
4. The geotechnical study prepared for the Final EIR did not include
subsurface investigation or laboratory testing of soils, with the exception of
bulksampling.Therefore,additional site specific geotechnical investigations
will be necessary in order to make final recommendations regarding site
preparation, grading, foundation design, etc., to assure an adequate level
of mitigation of the limitations of on-site soils and the effects of differential
settlements resulting from identified groundshaking potential. All
geotechnical analysis shall be completed prior to the approval of building
permits for individual development proposals.
5. Engineered slopes shall be designed to resist seismically induced failure.
Slope design should be based on pseudo-static stability analyses using soil
engineering parameters established in additional detailed geotechnical
investigations, including subsurface investigation and laboratory testing.
Testing parameters shall conform to anticipated groundshaking potential at
the site.
Other Geotechnical Mitigation Measures
1. During site grading operations all existing vegetation and debris shall be
removed from areas that are to receive compacted fill. Man-made objects
shall be overexcavated and exported from the site.Any trees to be removed
shall have a minimum of 95% of the root systems extracted. Removal of
unsuitable materials may require excavation to depths ranging from 2 to 4
feet or more below existing site grade.
2. All fill soil, whether natural on site or imported, shall be approved by the
project soils engineer prior to placement as compacted fill. All fill soil shall
be free from vegetation, organic material, and cobbles and boulders greater
than 6 inches maximum diameter, and other debris. Approved fill soil shall
be placed in horizontal lifts of appropriate thickness as prescribed by the
soils engineer and watered or aerated as necessary to obtain near-optimum
moisture content.
3. Fill materials shall be completely and uniformly compacted to not less that
90% of the laboratory maximum density as determined by ASTM test
method D-1557-78. The project soils engineer shall observe the placement
of fill and shall take sufficient tests to verify moisture content, and uniformity
and degree of compaction obtained. In-place soil density should be
determined by the sand-cone method, in accordance with ASTM Test
Method D-1556-64 (74), or equivalent test method acceptable to the City
Building Department.
4. Finish cut slopes shall not be inclined steeper than 2:1 (horizontal to
vertical). Attempts to excavate near vertical temporary cuts for retaining
walls or utility installations in excess of 5 feet may in some areas result in
gross failure of the cut and possible damage to equipment and injury to
workers. All cut slopes must be inspected during grading to provide
additional recommendations for safe construction.
5. Foundation systems utilizing continuous and spread footings are
recommended for the support of one-and two-story structures. Foundations
for higher structures must be evaluated based on design of each structure
and on-site soil conditions.The hotel building may require deep foundations
to provide adequate load carrying capacity.
6. An adequate sub-drain system shall be constructed behind and at the base
of all retaining walls to allow adequate drainage and to prevent build-up of
excessive hydrostatic pressures.
7. Positive site drainage shall be established during finish grading, and shall
include a minimum positive gradient of 2% away from structures for a
minimum distance of three (3) feet, and a minimum gradient of 1% to the
street or other approved drainage course.
8. All roof and canopy drainage shall be conducted to the street, off the site or
to on-site retention facilities in an approved non-erosive manner. Drainage
of development sites shall be accomplished in an approved manner to
prevent erosion or instability. Water from off-site sources shall not be
allowed to discharge onto development sites,orshould be conducted across
the area in a non-erosive manner.
9. Utility trench excavations in slope areas or within the zone of influence of
structures shall be properly backfilled in accordance with the following
recommendations or as directed by the project geological engineer:
a) Pipes shall be bedded with a minimum of 6 inches of pea gravel or
approved granular soil. Similar material shall be used to provide a
cover of least 1 foot over the pipe. This backfill shall then be
uniformly compacted by mechanical means or jetted to a firm and
unyielding condition.
b) Remaining backfill may be fine-grained soil. It shall be placed in lifts
not exceeding 6 inches in thickness or as determined appropriate,
watered or aerated to near optimum moisture content, and
mechanically compacted to a minimum of 90% of the laboratory
maximum density,
c) Pipes in trenches within 5 feet of the top of slopes or on the face of
slopes shall be bedded and backfilled with pea gravel or approved
granular soils as described above. The remainder of the trench
backfill shall comprise typical on-sitefill soil mechanically compacted
as described in the previous paragraph.
q. Alternative 3B impacts are clearly set forth in the Final EIR. It sets forth provisions
for a variety of implementation measures, which have been determined adequate
to reduce potential adverse impacts to levels that are less than significant. These
include least disruptive design approaches, contouring and re-naturalizing of
disturbed surfaces with rock and vegetation,and careful consideration of viewsheds
affected by flood control improvements.
Subsequent study and design provided in the April 2001 Master Drainage Plan and
October 2001 Addendum further analysed 3-, 6-and 24-hour storms for the subject
drainages and included a consensus bulking factor to account for sediment
transport. Facilities proposed to mitigate the threat from 100-year storm flows and
to provide for storage/detention and conveyance of tributary and on-site runoff are
described in detail in Section IV.2 of the Master Drainage Plan (see Appendices in
this document). The following summarizes the facilities necessary to mitigate
hydrology impacts.
1. Acanto Drive Storm Drain: Construct an underground storm drain in Acanto
Drive to collect the tributary 100-yearflows from the Andreas Canyon alluvial
cone. The subject storm drain shall provide inlets to pick up flows and will
also provide stub outs for later connections.
2. Arenas North Channel: Maintain the Arenas North Channel along the
northerly limit of the Ganz Parcel and construct a larger box culvert at the
channel's easterly terminus at South Palm Canyon Drive and into the
Canyon South Golf Course.
Construct a sedimentation/desilting basin at the west end of the channel,
approximately 1,900 feet west of South palm Canyon Drive, in conformance
with the Master Drainage Plan. Detailed engineering plans shall be
approved by the Riverside County Flood Control District and the City
Engineer prior to construction.
3. Arenas South Channel: This channel flows easterly across the steep (-7%)
alluvial cone at the mouth of Andreas Canyon, thereby enhancing flow
transport of sediment. Flows will be trained into a rock-lined channel within
a minimum 110-foot right-of-way and designed to resist high velocities and
erosive forces. Improvements also include the raising of the South Palm
Canyon Drive roadbed and the construction of a bridge over the Arenas
South Channel,which will convey stormwater and sediment into the Canyon
South golf course at an outlet to be located at the northeast corner of South
Palm Canyon Drive and Bogert Trail. Detailed engineering plans shall be
approved by the Riverside County Flood Control District and the City
Engineer prior to construction.
4. Dry Canyon Desilting Basin & Channel: The April 2001 Master Drainage
Plan outlined three alternative plans to address Dry Canyon Wash flows and
associated sediment loads. Each involves the construction of a desilting
basin at the northwest corner of Acanto and South Palm Canyon Drive, and
has a relationship to both the Acanto Drive and Arenas Lateral facilities.
Each alternative will require raising the Acanto Drive roadbed at its
intersection with South Palm Canyon Drive by two to three feet to
accommodate underground culverts associated with these alternatives.
Each alternative has been determined adequate to provide protection from
100-year storm peak flows and are briefly described below.
Alternative No. 1:This alternative combines the flows from the Acanto Drive
Storm Drain and the Dry Canyon Desilting Basin and conveys these to the
Dry Canyon Channel via an underground box culvert. The Dry Canyon
Channel would be located on the east side of South Palm Canyon Drive and
would require additional right-of-way from the Stich (TM No. 30050) Parcel.
Alternative No. 2: Similar to Alternative No. 1, No. 2 would place the Dry
Canyon Channel on the west side of South palm Canyon Drive and would
intercept tributary from south of the Arenas South Channel. Combined flows
will be discharged into an underground box culvert and discharged into the
existing basin located at the northeast corner of South Palm Canyon Drive
and Bogert Trail.
Alternative No. 3: This alternative also conveys desilted flows from the dry
Canyon basin along the west side of South Palm Canyon Drive, picking up
upstream tributary flows but not combining flows with those from the Acanta
Drive Channel, which would be conveyed north in an earthen channel or
underground pipe (see Exhibits 7B & 7C in the 2001 Master Drainage Plan
in the appendices).
5. Dry Canyon Channel Alternative(Preferred):As discussed above and in the
October 2001 Addendum to the project Master Drainage Plan, this
alternative was developed and analysed to defer or preclude the need to
construct the Dry Canyon Desalting Basin heretofore planned for
construction at the northwest corner of South Palm Canyon Drive and
Acanto Drive. This is proposed as the preferred alternative to manage the
Dry Canyon drainage. In this alternative, all storm flows and sediment from
Dry Canyon, which reaches the intersection of South Palm Canyon Drive
and Acanto Drive, will be fully transported in a trapezoid channel and under
Bogert Trail in a box culvert to discharge in the existing basin at the
northeast corner of South Palm Canyon Drive and Bogert Trail. This
alternative will allow the development of the Palm Canyon LLC (TM No.
30050 and 30046, formerly referred to as the Stich and Needleman parcels,
respectively) without the construction of the Dry Canyon Desilting Basin
outlined in the original April 2001 Master Drainage Plan.
6. Arenas Lateral: This proposed facility will consist of a trapezoid earth
channel to be located along the west side of South palm Canyon Drive and
extending approximately 700 feet south from the proposed Arenas South
Channel. The purpose of this channel is to intercept westerly flows south of
the Arenas South Channel and covey these flows into this channel. This
facility would only be needed and built in conjunction with Dry Canyon
Channel Alternative 1.
7. Ancillary Flood Protection: The April 2001 Master Drainage Plan and
October 2001 Addendum set forth a variety of ancillary measures that must
be taken to assure that all flood control facilities will function as designed.
These ancillary improvements are set forth in detail in the referenced
drainage plans,and include extensive bank erosion protection,development
of training levees, phased construction and expansion of new and existing
sediment basins, and the appropriate provision of all-weather access to
developments within the planning area.
r. Prior to the issuance of grading permits and during the life of the project the
applicant shall prepare and update as necessary, a Lake Management Plan to
ensure that the lakes prepared do not create a nuisance related to odors and insect
vectors. The content of this plan shall equal or exceed those described under the
heading Lake Management Plan, the impacts section above and these plans shall
be implemented.
S. Any pesticide application shall be administered by a trained pest control operator
under the direct supervision of a Qualified Pesticide Applicator License (CAL) or
Qualified Pesticide Applicator Certificate (QAC).
t. Only slow release or controlled release fertilizers should be used.The nutrient value
of the reclaimed water shall be part of the decision process.
U. Best management practices, (BMP's), which shall be utilized to help mitigate
potential ground water contamination from pesticides and fertilizers include the
following:
For pesticide products on common and other general landscaping and turf areas:
1. Applications shall be spot treatments and not broadcast application.
2. Pre-emergent products which are nearly insoluble such as Ronstar and
Surflan shall be used for ground cover and shrub beds.
3. Dachtal, a herbicide, shall not be used at the project because of its mobility
in sandy soils and potential for leaching to underlying aquifers.
4. Insecticide application to turf areas shall primarily consist of Dursban,which
is not readily transportable. At least two days shall be allowed after
application of insecticides, before irrigating the affected area.
5. After treatment with 2, 4-D; 2, 4-DP; and dicamba for control of broadleaf
weeds, the area shall not be irrigated for a period of 48 hours.
6. Only light, frequent irrigations shall follow Daconil, a fungicide, applicant to
greens and tees in order to prevent leaching of this product below the root
zone.
7. Applications of pest management products shall be recommended by a
licensed Pest Control Advisor (PCA), and applied by or under the direct
supervision of a Qualified Applicator, (GAL).
For fertilizer products, the BMP's that shall be employed at the site are as follows:
1. The use of slow-release nitrogen sources such as Milorganite and
ureaformaldehyde,shall be a priority,while the fast-release sources shall be
avoided as much as practical.
2. Rates greater than 0.25 pounds of actual nitrogen per 1,000 square feet
(10.9 lbs./A), using fast release sources of nitrogen shall be avoided.
3. The nutrient value of reclaimed water shall be calculated before fertilizer
application rates are computed.
4. Soil tests shall be conducted three times per year on greens and tees and
once or twice per year on other turf areas to determine nitrogen
requirements.
V. The applicant shall comply with all requirements for NPDES and Regional Water
Quality Control permitting, including stormwater quality controls.
W. There shall be an emphasis on plant species native to the immediate region in the
sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within
residential yards, non-desert, non-invasive exotic plants may be utilized as
ornamental landscaping. Two invasive species, tamarisk and fountain grass, shall
be prohibited in the Specific Plan area. The proposed plan and landscaping palette
for this area shall be subject to the review of the Director of the Department of
Planning and Zoning or the Planning Commission and a qualified biologist who is
acceptable to the City.
X. Pre-construction tortoise surveys shall be required for any project north of Bogert
Trail and west of Goldenrod Lane. The surveys shall occur no more than 36 hours
prior to the initiation of any ground disturbing activity in the area. Should desert
tortoise be identified, the project proponent shall secure permits from the California
Department of Fish and Game andlor the U. S. Fish and Wildlife Service, as
required.
y. No wells associated with this project may be constructed at an elevation greater
than the Henderson Palms oasis. No water diversion may be placed anywhere
above the Henderson palms oasis within the canyon that the oasis is located in, or
within one hundred yards of the palm oasis. No formal foot or horse trails shall be
allowed within 100 yards of the palm oasis and signs shall indicate that no access
to this area by people is allowed.
Z. All outdoor lighting constructed on the project site shall be directed at the ground
to prevent unnatural lighting from interfering with the activity of nocturnal animals
that live in the surrounding natural areas.
aa. The project shall do nothing to facilitate human entry into Arenas Canyon. This
canyon still provides an important watering site for the Peninsular Bighorn Sheep.
Trails, entry points or signs that encourage human entry into this canyon will further
stress this species.
bb. The lakes proposed as a part of the golf course shall where possible be allowed to
support aquatic vegetation to provide food and shelter for wildlife. Mosquito fish
shall be introduced into and maintain in the proposed lakes to control mosquitoes
and to provide food for wildlife.
cc. The project proponent(s)for any project requiring alteration of a stream or water of
the United States shall secure 404 and 1603 permits from the U.S. Army Corps of
Engineers and the California Department of Fish and Game, respectively, and 401
water quality certification from the Regional Water Quality Control Board, if required
by law.
dd. Project proponents within the Specific Plan boundary shall be required to construct
a fence in the future, if it can be demonstrated to the City Council that direct impacts
to bighorn sheep are caused by any component of the projects proposed within the
Specific Plan boundary.Ten verified sheep sightings in a given 12 month period will
cause the initiation of a site specific utilization study. The fence design, if required,
shall be submitted to the City and any other responsible agency for review and
approval prior to construction. The fence will be constructed within 12 months of
notification by the City.
ee. Monte Soreno Parcel
1. All construction activity will be confined to the project site with the exception
of the temporary and permanent disturbance along the western side of the
wash (see Exhibit 2 of `Biological Constraints Letter Report for the Monte
Sereno Development Project," by Thomas J. McGill, Ph.D., Michael
Brandman Associates, December 2002).
2. The limits of the temporary disturbance zone will be cordoned off to preclude
vehicular access easterly into the remaining wash area.
3. Construction activity shall stop before dusk each day to avoid attracting
dispersing Casey's June Beetle males during the flight season (April 1
through May 31).
4. Access to the construction site will come from Bogert Trail and will remain
outside the wash.
5. Controlling dust by spraying water will be permissible outside the flight
season and only within the designated construction zone.
6. The project proponent shall secure 2.46 acres of comparable desert wash
habitat off-site as mitigation for permanent impacts. The 1.6 acres to be
temporarily impacted shall be re-naturalized.
7. A six foot wall or fence, meeting City standards, shall be constructed along
the eastern property line of the project site.
8. The payment of a $600 per acre fee to the City, for the purchase of open
space/conservation lands, as previously included in the Mitigated Negative
Declaration.
9. The payment of$85,000 total to the City or other conservation entity, for the
purposes of purchasing CJB habitat off-site of the Monte Soreno project.
ff. Properties West of South Palm Canyon Drive
1. Project proponent(s)forany development proposal south of Canyon Heights
shall tag, remove, hold in storage and then replant within the development
all large healthy cactus disturbed by the proposed development, particularly
on the proposed earthern dam, basin (areas from from flooding) and other
transition areas. Large healthy cactus are: Calico Cactus—anything over 8"
is considered large; Barrel Cactus— anything over 8"; mammillaria Cactus
—anything over two inches; Beavertail Cactus—anything over 8'; Jumping
Cholla—anything over 18"; Golden Cholla—anything over 16"; Pencil Cholla
— anything over 14". Removal activities shall be supervised by a qualified
horticulturalist approved by the City.
2. If rock blasting is necessary, it shall be done between July 1 and December
31 to avoid causing complications for bighorn sheep and to ensure they
continue to use water from the canyon.
3. Residential development west of South Palm Canyon Drive shall be
separated from hillsides with a six foot block wall to prevent stray pets from
entering bighorn habitat and stressing sheep.
4. Project proponent(s)for projects located west of South Palm Canyon Drive
shall prepare CC&R's which prohibit domestic dogs and cats in all
residential areas to prevent cats from roaming into natural areas adjacent
the development and preying upon small native animal species and to
preventing barking dogs from stressing bighorn sheep.
5. In conjunction with any approval on lands in Planning Area 2 subject to
density transfer, the 20 acre site previously identified, at the western
boundary of the Plan area, and the 35 acre parcel from which density shall
be transferred, shall be deeded to the City as permanent, irrevocable open
space.
gg. A native American Monitor shall be present during all ground disturbing activities
within the Plan boundary. Should any buried deposits be encountered, the Monitor
shall have the authority to halt destructive construction and notify a qualified
archaeologist to investigate, and if necessary prepare a mitigation plan for
submission to the State Historic Preservation Officer and the Ague Caliente Cultural
Resource Coordinator for approval.
hh. Should cultural resources be encountered during site construction in any portion of
the site, work shall immediately cease and a qualified archaeologist shall be
contacted to evaluate the significance of the materials. Any significant findings shall
be documented and presented to the State Historic Preservation Office (SHPO),
BIA, the Tribe and the City, and resolved to their satisfaction.
ii. The intact terraces shall be preserved as an example of a significant and unique
historical feature.
jj. Where possible, the aboriginal trail system shall be incorporated into the project
design. Final determination of how aboriginal trails are to be preserved or
recognized will be developed in cooperation with the Ague Caliente Band of Cahuilla
Indians Tribal Council.
kk. SCAQMD Rule 403 shall be adhered to, insuring the clean up on the construction-
related dirt on approach routes to the site (sic).
Il. Adequate watering techniques shall be employed to partially mitigate the impact of
construction-generated dust particulates. Portions of the project site that are
undergoing earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the end of the day. (AQMP
Control Measure F-4 Control of Fugitive Emissions from Construction of Roads and
Buildings [PM]).
mm. The wheels and lower portions of transport trucks will be sprayed with water before
they leave the construction area. (AQMP Control Measure F-4 [PM]).
nn. Any vegetative ground cover to be utilized on-site shall be planted as soon as
possible to reduce the amount of open space subject to wind erosion. Irrigation
systems needed to water these plants shall be installed as soon as possible to
maintain the ground cover and minimize blowsand.
oo. Grading operations shall not be conducted when winds exceed 25 mph. (AQMP
Control Measure F-4).
pp. Any construction equipment using diesel drive internal combustion engines shall
use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard.
qq. Any earth transported off-site shall be covered before the transport trucks leave the
project construction area.
rr. Grading and development permits shall be reviewed and conditioned to require the
provision of all reasonably available methods and technologies to assure the
minimal emissions of pollutants from the development.The Department of Planning
and Zoning and Building Departments shall review grading plan applications to
ensure compliance with the mitigation measures set forth in the EIR and as
otherwise conditioned by the City.
ss. The City shall coordinate with project developers to encourage the phasing and
staging of development to assure the lowest construction-related pollutant emission
levels practical. As part of the City's Grading Permit process, the applicant shall
concurrently submit a dust control plan consistent with the City's Air Quality
Management Plan. Mitigation measures to be implemented through this plan include
but are not limited to the use of watertrucks and temporary irrigation systems, post-
grading soil stabilization, phased roadway paving, as well as other measures which
will effectively limit fugitive dust emissions resulting from construction or other site
disturbance.
ft. The City and project developers shall encourage effective design and
implementation of transportation management programs for commercial employees,
which may include coordinated carpooling, off-peak shift times, employee flex time
and other components.
uu. Project developers shall consult and coordinate with the Sunline Transit Agency
regarding the most optimal and safest location and design of on-site bus stops and
turnouts.
vv. The developer shall implement Coachella Valley Best Available Control Measures
(CV BACM). The CV BACM will expand the SIP-approved BACM listed in Chapter
6 of the SCAQMD Rule 403 Implementation Handbook, to include the measures
required by CV BCM-1 (including work practice requirements). The CV BACM is
being modeled on the Best Management Practices for Dust Control Handbook(e.g.
required control actions based on specific activities, site conditions, etc.), but
modified based on local Coachella Valley conditions.
ww. Dust control plans shall be required prior to issuance of grading permits for each
project proposed within the Specific Plan boundary. The plan shall include all
required elements described in the adopted Coachella Valley Dust Control
Handbook.
xx. The site-specific dust mitigation plan to be prepared for project grading and other
construction activities shall be forwarded by the City to SCAQMD after local
approval. SCAQMD staff will compile this information for compliance purposes but
will not require a separate approval.
yy. Prior to commencement of grubbing, grading or any other site disturbing
construction activities, each project developer shall notify the City and SCAQMD at
least 24-hours prior to initiating earth-movement activities.
zz. Each project developer shall notify the City and the SCAQMD within 10 days of
project completion.
aaa. Construction site signage shall be required for each project within the Specific Plan
boundary.Signage information that should be provided should at a minimum include
the project name, permittee name, phone number of person(s)responsible for dust
control, local jurisdiction phone number, SCAQMD phone number, dust control
permit(plan)number, and project acreage. Construction signage shall conform with
requirements set forth by the City and/or SCAQMD.
bbb. A dust control monitor(responsible person)shall be required during operations that
involve actively disturbed soils on 50 acres or more. Monitor(s)must be hired by the
property owner or developer, have dust control as primary responsibility, and have
the authority to initiate or implement project dust control measures.
ccc. Earth-moving operations at the site shall require pre-grading watering and the on-
going application of water via irrigation systems and/or water truck to assure
appropriate soil moisture and preclude significant dust generation
ddd. Short-term stabilization (maintaining soils in a damp condition, surface crust, or
chemical stabilizer diluted to not less than 1/20 of the concentration required to
maintain a stabilized surface for a period of six months)shall be required for after-
hours and weekends.
eee. Long-term stabilization techniques shall be required within 10 days for areas where
construction activities are not scheduled for 30 days.
fff. To minimize construction equipment emissions,the developer and contractors shall
implement the following:
• wash off trucks leaving the site
• require trucks to maintain two-feet of freeboard
• properly tune and maintain construction equipment
• use low sulfur fuel for construction equipment
ggg. To reduce construction-related traffic congestion, the developer and contractors
shall implement the following:
• encourage rideshare incentives for construction personnel
• configure construction parking to minimize traffic interference
• minimize obstruction of through-traffic lanes
• provide a flag person to ensure safety at construction sites, as necessary
• schedule operations affecting roadways for off-peak hours, as practical
hhh. To minimize indirect-source emissions, the developer may also:
• implement energy conservation measures beyond state and local
requirements
• install low-polluting and high-efficiency appliances
• install,solar water heaters, to the greatest extent feasible
• install energy-efficient street, landscape and parking lot lighting
• include energy costs and design efficiency into capital expenditure analyses
• landscape with native and other appropriate drought-resistant species to
reduce water consumption and to provide passive solar benefits
iii. To minimize building energy requirements, the developer shall implement the
following:
• assure the thermal integrity of buildings and, as appropriate, reduce the
thermal load with automated time clock or occupant sensors
• use efficient window glazing, wall insulation and ventilation methods
• use most efficient heating and other appliances, such as water heaters
cooking equipment, refrigerators., furnaces and boiler units
• incorporate appropriate passive solar design and solar heaters
• use devices that minimize the combustion of fossil fuels
• capture waste heat and re-employ this heat, to the greatest extent feasible
jjj. To reduce PM10 emissions, the developer may implement the following:
• chemically treat soil at construction sites where activitywill cease for at least
four consecutive days
• pave construction access roads as they are developed; extend paving at
least 120 feet
• from roadway into construction site and clean roadways at the end of each
working day
• restore vegetative ground cover as soon as construction activities have
been completed
• trucks that haul dirt, sand or soil shall be covered or shall maintain at least
24 inches of freeboard, or both
• construction sites shall be watered to reduce fugitive dust
• chemically treat unpaved roads that carry 20 vehicle trips per day or more
• chemically stabilize soil surfaces within 100 feet of roadways or establish
sand fences within 50 feet of roadways
• plant tree windbreaks utilizing non-invasive species on the windward
perimeter of construction projects, where feasible
• all construction grading operations and earth moving operations shall cease
when winds exceed 30 miles per hour
kkk. All construction activity shall be restricted to weekdays, during the daytime hours
of 7:00 a.m. to 8:00 p.m., as specified by the Palm Sprigs Noise Ordinance, to
reduce noise impacts during more sensitive periods. The Construction Site
Regulations also identify specific limits on hours of operation for construction
equipment as not between 5:00 PM to 8:00 PM with the restriction that if the noise
produced is of such intensity of quality that it disturbs the peace and quiet of an
other person of normal sensitivity,excluding federal holidays.Only emergency work
shall be allowed to occur outside these hours.
III. All construction equipment shall be provided with functional and well-maintained
mufflers to limit noise emissions.
mmm. Grading and construction activity in the western and eastern portion of the project
area shall be carried out in accordance with the requirements of the U.S. Fish and
Wildlife Service and the California Department of Fish and Game.
nnn. The design, selection and placement of mechanical equipment for residences and
other buildings within the planning area shall include consideration of the potential
noise impact on nearby structures, both within the development and in the
surrounding community. Both roof-mounted and pad-mounted equipment shall be
screened by effective noise barriers such as parapet walls, block walls or similar,
effective acoustical barriers with a minimal mass of 3.5 pounds per square foot of
surface area.
000. Appropriate sound attenuation measures, such as silencers and/or barriers, shall
be provided where necessary on outdoor equipment, including but not limited to
cooling towers, air cooled condensers, refrigeration compressors/condenser units,
and air intake and discharge openings for building ventilation systems.
ppp. Appropriate sound barriers shall be provided surrounding anyand all public facilities
capable of generating disturbing levels of noise, including water pumping stations.
qqq. Events at the hotel which include music on the grounds shall be conducted in
accordance with the City's noise ordinance.
rrr. Loud speakers used on the grounds of the hotel site shall comply with the City
Noise Ordinance.
sss, The pool area and outdoor terraces on the south side of the hotel building shall be
sited at least three (3) feet below the top of dike elevation, in order to attenuate
noise impacts. Should a design be proposed which does not provide for a lower
pool and terrace area, the project proponent shall be required to demonstrate
equivalent or greater noise attenuation for the proposed design.
tit. Acceptable truck/construction equipment routes shall be designated to limit impacts
to adjacent properties.
uuu. Site planning, building orientation and building specifications shall be carefully
considered to provide shielding of outdoor living spaces from potentially significant
stationary or mobile noise sources.
Vvv. Effective acoustical materials shall be incorporated into building walls and windows,
boundary walls, pool equipment and A/C equipment walls and other acoustical
barriers to adequately reduce outdoor noise impacts on the noise environment.
www. The developer may utilize natural noise barriers such as existing terrain,
manufactured berms, boulders and dense vegetation to mitigate potential noise
impacts.
xxx. The use of proper building setbacks shall be required in accordance with the City
of Palm Springs Zoning Ordinance.
yyy. Project design shall include and meet State Code requirements for unit-to-unit
airborne sound isolation, both laterally and vertically, and for vertical impact sound
isolation in any multi-family residential construction.
zzz. Proposed residential lots adjacent to South Palm Canyon Drive should be evaluated
by a qualified noise consultant at more detailed levels of planning to ensure that
adequate noise attenuation strategies are incorporated to meet the Palm Springs
noise standard of 65 CNEL in outside living areas and 45 dBA in interior living
areas, prior to issuance of building permits.
aaaa. Building designs, architecture and materials used in the development shall conform
with the project Design and Signage Guidelines, as reviewed and amended by the
City.
bbbb. Landscaping plans and materials applied to development area boundaries shall
serve to create a harmonious transition and living complement to the built
environment. Native and appropriate non-invasive non-natives shall,to the greatest
extent practical, be applied in a manner that emulates the natural vegetation
pattern. Boulders and walls should also be considered to lend rhythm and massing
and to help smooth the landscaped edge,
cccc. The natural vegetation of the site shall be preserved in open space areas.
Necessary grading or other disturbance in naturally vegetated areas shall be
revegetated with native plan species.
dddd. Boundary walls, visual screens and fences shall be constructed so as to blend with
surrounding areas. Construction materials may include stone and stucco, wrought
iron and steel fencing, and other appropriate materials which quickly acquire a
patina or are painted, stained or coated to blend and harmonize with the
surrounding environment.
eeee. The existing concrete embankment linings of the Palm Canyon Channel adjacent
to the project site shall be stained to match native soil by project proponents
developing adjacent property, if permission can be obtained from RCFC&WCD.
ffff. Channels to be constructed as part of the flood control improvements within the
Specific Plan boundary shall be unlined or lined with rip-rap wherever possible,
subject to the approval of the RCFC&WCD.
gggg. All flood control improvements within the boundary of the Specific Plan shall include
landscaping plans which minimize the potential impacts associated with the
construction of these facilities to local viewsheds.
hhhh. All outdoor lighting shall be in compliance with the City lighting ordinance. Other
lighting recommendations include: -
1. Outdoor lighting shall be limited to the minimum height, number and
intensity of fixtures needed to provide security and identification, taking
every reasonable effort to preserve the community's night skies.
2. Lighting fixtures shall be of appropriate scale, style and character of the
architecture. No lighting which incorporates flashing, pulsing or is otherwise
animates shall be permitted.
3. Elevated lighting, including but not limited to parking lot lighting, shall be full-
cutoff fixtures. Drop or sag lens fixtures shall not be permitted.
iiii. Site grading and finished pad elevations shall substantially conform to those
submitted by the applicant as part of this development review and analysis. Every
effort should be made to keep pad elevations to the minimum necessary to meet
design goals, while being responsive to the need to minimize building profiles.
jjjj. All development plans, including grading and site plans, detailed building elevations
and landscape plans shall be submitted to the City for review and approval prior to
the issuance of building permits.
kkkk. Each development shall provide adequately and appropriately screened outdoor
storage/loading and other service areas, protected and enhanced outdoor seating
areas, as necessary, and appropriate levels of lighting, limited signage, and the
thoughtful use of landscaping that preserves and enhances visual resources.
III). All project signage shall be in compliance with the City sign ordinance or in the
approved Design and Signage Guidelines. Signage shall be limited to the minimum
size, scale and number needed to provide functional identification and exposure
necessary to convey messages, while minimizing impacts on traffic safety,
streetscape, scenic viewsheds and the aesthetic character of the development.
mmmm. Domestic Water
1. Project applicants shall provide all on-site water system improvements
required to meet water supply need for the proposed project as it occurs.
2. All appliances such as showerheads, lavatory faucets and sink faucets shall
complywith efficiency standards set for in 24 of the California Administration
Code.
3. All facilities shall provide lowflush toilets and urinals as required in California
State Health and Safety Code Section 17921.3.
4. All pipes used for steam and steam-condensate return and for recirculating
hot water piping in attics, garages, crawl spaces or unheated spaces other
than between floors or in interior walls shall be insulated in compliance with
Title 24 of the California Administrative Code. Water heating systems shall
also be insulated.
5. Irrigation shall be properly designed, installed, operated and maintained to
prevent the waste of water. Drip irrigation and other water application
techniques which conserve water such as soil moisture sensors and
automatic irrigation systems shall be incorporated into the project landscape
plans.
6. Landscaping shall emphasize drought-tolerant vegetation. Plants of similar
water use shall be grouped to reduce over-irrigation of low-water-using
plants. Those areas not designed in xeriscape shall be gauged to receive
irrigation using minimal requirements. Residential occupants shall be
informed as to the benefits of low-water-using landscaping and sources of
additional assistance.
7. Tertiary treated wastewater shall be used as irrigation for common area
landscaping, the golf course and those man-made lakes and ponds not
intended for human water recreation, if made available to the site by DWA.
8. The use of reclaimed water shall meet all requirements set forth in the
California Administrative Code, Title 22, and the Guidelines of the State of
California Department of Health Services.
9. Copies of reclaimed water and potable water piping shall bekept in the office
of the City Engineer.
nnnn. Wastewater Services
1. Project applicants shall provide all on-site wastewater system improvements
required to meet wastewater supply need for the proposed project as it
occurs.
2. Individual project applicants shall pay sewer connection fees required to
provide sewage collection and disposal to the project site. In addition,
individual project applicants shall pay a sewer connection fee of$146.19 per
residential unit for construction cost of a 15"sewer main at Granada Avenue
and La Verne Way.
3. Individual project applicants shall establish a mechanism for on-site
maintenance of sewer lines. As appropriate, covenants, conditions and
restrictions (CC&Rs) shall identify responsibilities, a maintenance district
shall be established or a maintenance contract shall be signed with a private
firm.
0000. Solid Waste
1. All projects within the Specific Plan boundary shall comply with the
provisions of AB 939, as implemented by Palm Springs Disposal Services.
2. Individual project proponents shall incorporate collection/storage facilities for
recyclables in all hotel, spa and sports facility designs and shall require
residential builders to install a cabinet for recyclables in each residential
dwelling unit.
3. Recycled products shall be used in the construction of all structures within
the Specific Plan boundary to the extent possible.
4. Green waste shall be recycled through a waste disposal hauler to the extent
possible.
5. Individual project applicants for residential projects shall require builders to
provide a storage bin in the yard of each single family residence for green
waste.
6. Any storage of hazardous materials within the Specific Plan boundary shall
conform to all State, regional and local regulations for such materials.
7. New residents shall be provided information on household hazardous
wastes, and programs available for their safe disposal.
8. Removal of hazardous materials from the project site shall be conducted by
a registered waste hauler in accordance with all applicable rules and
regulations.
9. All hazardous materials used in association with the resort hotel and spa
shall be stored in a specific location and clearly marked as to contents.
pppp. Electricity
1. Individual project applicants shall be responsible for paying all fees
associated with project-related connections and any required relocation of
existing facilities.
2. The project shall comply with at least the minimum requirements of Title 24,
and to the extent feasible, shall seek to exceed such requirements and use
state-of-the-art energy-conscious design practices that achieve energy
efficiency and use of on-site energy sources.
3. Individual project applicants shall submit an Energy Conservation Plan to the
City, to include the following elements:
a) Measures to meet Title 24 requirements;
b) Additional measures, including but not limited to, building placement
and orientation, architectural features, open spaces, landscaping,
mechanical, and operation measures; and
c) Estimates (percent) of energy reduction to be realized.
4. Ensure that buildings are well-sealed to prevent outside air from infiltrating
and increasing interior space conditioning loads. Design building entrances
with vestibules to restrict infiltration of unconditioned air and exfiltration of
conditioned air.
5. Finish exterior walls with light-colored materials with high emissivity
characteristics to reduce cooling loads. Finish interiorwalls with light-colored
materials to reflect more light and thus increase lighting efficiency.
6. Design window systems or use other means to reduce thermal gain and loss
and thus cooling loads during warm weather and heating loads during cool
weather.
7. Use skylights where possible to provide light to interior spaces.
8. Install high-efficiency lamps for all street and parking lot lighting to reduce
electricity consumption.
9. Install fluorescent and high-intensity-discharge(HID)lamps, which give the
highest light output per watt of electricity consumed, wherever possible
(non-residential areas only).
10. Control mechanical systems in the buildings with time clocks to prevent
accidental or inappropriate conditioning or lighting of unoccupied space.
Computer control the HVAC systems for maximum efficiency (non-
residential areas only).
11. Recycle lighting system heatfor space during cool weather.Exhaust lighting
system heat from the buildings via ceiling plenums to reduce cooling loads
in warm weather(non-residential areas only).
12. Install low- and medium-static pressure terminal units and ductwork to
reduce energy consumption by air distribution systems (non-residential
areas only).
13. Cascade ventilation air from high-priority areas to low-priority areas before
being exhausted, thereby decreasing the colume of ventilation air required.
14. Individual project proponents shall construct facilities which generate
alternative energy at the discretion of the City.
qqqq. Natural Gas
1. The proposed project shall comply with the energy conservation
requirements as set forth in Title 24 of the California Administrative Code.
In addition, Gas Company representatives should be contacted during the
final design phase of any project to discuss the implementation of these
programs.
rrrr. Police Protection
1. As part of the development review process for any project within the Specific
Plan area, the Palm Springs Police Department shall participate and make
recommendations to ensure that the design of the proposed development
will mitigate any impacts on law enforcement arising from project design.
ssss. Fire Protection Services
1. Project applicants shall continue to work with the City Manager's office, the
Fire Department and the Agua Caliente Band of Cahuilla Indians in
evaluating the feasibility of a fire station or emergency medical dispatch
facility in or near the Specific Plan area. The cost of such a facility shall be
distributed evenly among all projects not currently within the 5 minute
response time for Fire Station #4.
2. Automatic fire sprinkler systems shall be installed in all structures outside
the 5 minute response time for Fire Station #4.
3. Implement a brush clearance program on the project site to lessen the fire
hazard potential.
4. All development on the west side of South Palm Canyon Drive shall submit
to the City Fire Department, for review and approval, a safety buffer zone
plan between natural open space and planned development. The buffer
zone shall be at least 100 feet in width, except where topography does not
allow a buffer this wide, in which case the fuel modification zone shall be
between 50 and 100 feet in width prior to the issuance of occupancy permits
for any building in that development.
5. All water mains, fire hydrants, and automatic fire sprinklers shall be
designed and constructed in accordance with City Fire Department
regulations.
6. All streets shall be designed and constructed in accordance with City Fire
Department regulations.
tttt. Education
1. All project developers shall pay school mitigation fees in place at the time
of issuance of building permits.
uuuu. Parks
1. Natural mountainous areas are designated as Conservation on the Specific
Plan. No development is proposed. Public hiking and equestrian trails shall
be dedicated for public access and active recreational uses, in conformance
with the City of Palm Springs General Plan and the Recovery Plan for
Peninsular Bighorn Sheep.
2. Residential projects within the Specific Plan boundary shall participate in the
City's park land dedication and in lieu fee program,when implemented. The
contribution shall be equal to a minimum of 3 acres of park land per 1,000
residents,to a maximum of 5 acres per 1,000 residents.The actual fee shall
be based on the estimated cost to acquire and develop park sites and shall
be established by City Council Resolution or Ordinance.
4a. The Agua Caliente Development Authority shall prepare a design for the widening of the
western bank of the Palm Canyon Wash to a minimum width of 285 feet, in accordance with
the ultimate width of clear channel required under the Stipulated Judgement, and submit
same to the City Engineer for review and approval. The plans shall include the relocation
of the currently occurring sanitary sewer line.
4b. The ACDA shall make the required improvements to the Palm Canyon Wash, in
accordance with the approved plans, and complete said improvements prior to completion
of the golf course remodel. The completion of the improvements shall not be tied to any
improvements which may be required of the adjacent Monte Soreno property.
3. It is hereby found that the portion of the property described as the area westerly of South
Palm Canyon Drive within the designated critical habitat area(herein the"StudyArea")shall
remain undeveloped until additional environmental analysis can be performed, as to
potential impacts to Peninsular Bighorn Sheep (PBS). Although extensive environmental
review has been performed for the project, the Study Area is especially sensitive and
additional review is warranted. This additional environmental review, which shall be
performed before any development is approved within the Study Area, shall address, at
minimum, the proposed development's potential impact on the PBS Recovery Plan and
potential impacts on designated critical habitat for PBS.
4. In conjunction with any required planning application for the 80 acre property previously
identified as the "Gans" parcel, documented compliance with the Tribal Habitat
Conservation Plan shall be provided.
5. The project proponent for the Monte Soreno project shall secure 2.46 acres of comparable
desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be
temporarily impacted shall be re-naturalized.
6. . Should the City establish a funding mechanism for flood control improvements within the
Specific Plan boundary, individual project developers will participate on a"fair-share"basis.
?AUK s City of Palm Springs
Office of the City Clerk
(760) 323-8204
FAX (760) 322-8332
* c°�•on�nn'^ MEMORANDUM
c' IFOIL
Date: June 30, 2003
To: Bureau of Indian Affairs
Attn: Arvada Wilson
From: Office of the City Clerk
Re: Public Hearing for Case No. 5.0576 — SP-1A, General Plan Amendments
Application by the City of Palm Springs for General Plan Amendments. The entire
planning area encompasses approximately 721 acres located south of Murray Canyon
Drive, north of Acanto Drive, west of the Palm Canyon Wash and east of the San
Jacinto Mountains.
Enclosed are the following:
Envelopes w/postage (30)
Notices of the Public Hearing (30)
4
It is our understanding that your office will forward these notices to the Indian
landowners/lessees within a 400-foot radius of the above referenced project. City
Council Public Hearing is scheduled for July 16, 2003.
If you should require additional postage-paid envelopes for this purpose, please let us
know.
Thank you.
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576-SP-1A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive,
west of the Palm Canyon Wash, east of the San Jacinto Mountains
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public
hearing at its meeting of July 16;2003. The City Council meeting begins at 7:00 p.m.in the Council Chamber
at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case 5.0576, an application by the City Pam Springs for General
Plan amendments to remove the PR, M15 and H30 designations west of South Palm Canyon Drive and
replace them with L2(Low Density Residential 2 units/acre). In addition, approximately 35 acres southwest
of the Canyon Heights development will be re-designated from L2 to C(Conservation),and includes a density
transfer of 70 units to adjacent eastern property. In order to accommodate the hotel and spa at the southeast
corner of South Palm Canyon Drive and Murray Canyon Drive, the property is proposed to be redesignated
from M15(Medium Density Residential 12-15 units/acre)to H30(High Density Residential 21-30 units/acre).
The entire planning area encompasses approximately 721 acres located south of Murray Canyon Drive,north
of Acanto Drive,west of the Palm Canyon Wash,and east of the San Jacinto Mountains,Zone W,W-R-1-B,
R-1-13, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
An amendment to Specific Plan #1A will also be considered. The revised Specific Plan will consist of 4
components: the golf course redesign and clubhouse remodel, the hotel and spa location, existing and
proposed residential development, and conservation/open space. The project boundary will be reduced by
approximately20 acres at the northeast corner, determined to be undevelopable in the Stipulated Judgment.
The total number of units proposed for the Specific Plan will be reduced by 37 units. Development proposed
in the Specific Plan is consistent with that already occurring in the area.
An Environmental Impact Report and Mitigated Negative Declaration have been previously approved by the
City Council in conjunction with the approval of the Canyon Park Resort and Spa Specific Plan #1A. An
Addendum to the certified Environmental Impact Report has been prepared and will be reviewed by the City
Council at the meeting. Members of the public may view this document in the Department of Planning and
Zoning,City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,and submit written comments to the City Clerk
at, or prior to, the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Associate Planner, (760) 323-8245.
PATRICIA A. SANDERS
City Clerk
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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. 5.0576-SP-
1A, for General Plan Amendments to remove the PR, M15 and H30
designations west of South Palm Canyon Dr. and replace them with L2 (Low
Density Residential 2 units/acre); in addition, approximately 35 acres
southwest of the Canyon Heights development will be re-designated from L2
to C (Conservation), and includes a density transfer of 70 units to adjacent
eastern property. The entire planning area encompasses approximately 721
acres located south of Murray Canyon Drive, north of Acanto Drive, west of
the Palm Canyon Wash,and east of the San Jacinto Mountains,Zone W,W-
R-1-13, R-1-13, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of
Section 34, 35, and 36; applicant the City of Palm Springs, was mailed to
each and every person on the attached list on the W'day of June, 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.
at Palm Springs,California, this 30W" day of June, 2003.
PATRICIA A. SANDERS
City Clerk
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576-SP-1A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive,
west of the Palm Canyon Wash, east of the San Jacinto Mountains
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a public
hearing at its meeting of July 16;2003. The City Council meeting begins at 7:00 p.m. in the Council Chamber
at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case 5.0576, an application by the City Pam Springs for General
Plan amendments to remove the PR, M15 and H30 designations west of South Palm Canyon Drive and
replace them with L2 (Low Density Residential 2 units/acre). In addition, approximately 35 acres southwest
of the Canyon Heights developmentwill be re-designated from L2 to C(Conservation),and includes a density
transfer of 70 units to adjacent eastern property. In order to accommodate the hotel and spa at the southeast
corner of South Palm Canyon Drive and Murray Canyon Drive, the property is proposed to be redesignated
from M15(Medium Density Residential 12-15 units/acre)to H30(High Density Residential 21-30 units/acre).
The entire planning area encompasses approximately 721 acres located south of Murray Canyon Drive,north
of Acanto Drive,west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W,W-R-1-B,
R-1-B, W-R-1-A, R-1-A, 0-20, U-R, R-2, and SP-1, portions of Section 34, 35, and 36.
An amendment to Specific Plan #1A will also be considered. The revised Specific Plan will consist of 4
components: the golf course redesign and clubhouse remodel, the hotel and spa location, existing and
proposed residential development, and conservation/open space. The project boundary will be reduced by
approximately 20 acres at the northeast corner,determined to be undevelopable in the Stipulated Judgment.
The total number of units proposed for the Specific Plan will be reduced by 37 units. Development proposed
in the Specific Plan is consistent with that already occurring in the area.
An Environmental Impact Report and Mitigated Negative Declaration have been previously approved by the
City Council in conjunction with the approval of the Canyon Park Resort and Spa Specific Plan #1A. An
Addendum to the certified Environmental Impact Report has been prepared and will be reviewed by the City
Council at the meeting. Members of the public may view this document in the Department of Planning and
Zoning,City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,and submitwritten comments to the City Clerk
at, or prior to, the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Associate Planner, (760) 323-8245.
PATRICIA A. SANDERS
Publish: June 30, 2003 City Clerk
The Desert Sun
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APPUCANT city of Pairn Springs
l 510 290 005 Y 510 300 002 I 510 310 001
I RIVERSIDE COUNTY FLOOD !, PALM CANYON LLC MS MARY HODGES HALTON
CONTROL 333 WEST SANTA CLARA ST#1212 1455 CIRCLE DRIVE
!' 1995 MARKET STREET f SAN JOSE CA 95113 SAN MARINO CA 91108
h RIVERSIDE CA 92501 J {
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512 033 001 MR AND MRS LEE WIEGEL r 512 060 002
MR JON CAFFERY 380 BOGERT TRAIL MR JOHN ANDREAS
1600 SO MURRAY CANYON DRIVE I PALM SPRINGS CA 92264 MS DEANNA TORO
PALM SPRINGS CA 92264 f ; PO BOX 287
BOONVILLE CA 95415
I
512 060 003 512 O60-b06 i 512 151 007
MR JOHN ANDREAS ! MR JOH AN EAS MR JOHNNY DRUMMOND
MS DEANNA TORO MS DEAN ORO 2719 BONITA CIRCLE
1500 SO MURRAY CANYON DRIVE PO BOX 27 PALM SPRINGS CA 92264
PALM SPRINGS CA 92264 LOS ANG ES 90027
i L
512 151 008 Y 512 180 006 512 180 007
MR WILLIAM TEW CANYON VILLAS HOA PALM CANYON TOWNHOMES LLC
MS PHYLLIS TEW 10701 WILSHIRE BLVD 11828 LA GRANGE AVE#200
2727 BONITA CIRCLE LOS ANGELES CA 90024 LOS ANGELES CA 90025
PALM SPRINGS CA 92264
512 180 009 512 180 011 f 512 0 012
MS ANN BAILEY MR GILBERT CHAVEZ p FSLA T 1
5089 WALNUT PARK DRIVE 1883630 QUAIL AVENUE PO BO 06
SANTA BARBARA CA 93111 INDIO CA 92201 HEMS CA 546
II
512 180 013 512 190 009 512 190 014
SHELLABARGER MS ANNA THOMAS DESERT WATER AGENCY
613 HEMINGWAY AVENUE 10311 BEDROCK LANE#13 PO BOX 1710
PLACENTIA CA 92870 ! SANDY UT 84092 PALM SPRINGS CA 92263
512 190 028 512 190 030 512 190 031
RJB II BARONA PARTNERS & MR W L CLARK
1156 WEST SHURE DRIVE#A TRANSACTION PROPERTY MR J R CLARK
ARLINGTON HEIGHTS IL 60004 577 EAST SUNNY DUNES RD#10 72790 SONORA DRIVE
PALM SPRINGS CA 92264 PALM DESERT, CA 92260
512 190 033 512 190 034 512 190 037
MR NOAH THOMAS SUITT C MR [AN DANIELSKI MR EDWARD PERRY
MS JACQUELINE HELEN SUITT 422 CALLE EL SEGUNDO MSI JILL PERRY
38315 MARACAIBO CIRCLE WEST PALM SPRINGS CA 92262 1000 EAST BOGERT TRAIL
PALM SPRINGS CA 92264 PALM SPRINGS CA 92264
512 190 038 512 190 039 512 210 049
FURER LLC CANYON PALM KJI INC
1000 EAST BOGERT TRAIL 1122 WILLOW STREET#200 3700 CAMPUS DRIVE#201
PALM SPRINGS CA 92264 SAN JOSE CA 95125 NEWPORT BEACH CA 92660
512 210 050 512 210 051 � 512 210 052
ESCROW SUPPORT SERVICES EXCHANGE SUPPORT SERVICES MR WALTER HOLIDAY
180 GRAND AVENUE#1385 180 GRAND AVENUE#1385 5625 WINDSOR WAY#303
DAKLAND CA 94612 OAKLAND CA 94612 CULVER CITY CA 90230
5-0s7k
I. 512 310 032 512310033 512310034
Landau Development Co Inc Allen Saari&Annette Saari Knapp Homer L-&A J
2825 E Tahquitz Canyon Way#D1 441 S Calle Encilia#14 1016 Andreas Palms Dr
Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264
512110 035 II 512 310 036 512 310 037
Marcel&Mary Latulippe A Amos Lopez&Marhelith Lopez Andreas Palms Community Assn Inc
2190 E Memanus Dr 1012 Andreas Palms Dr 1599 N Via Norte
Palm Springs,CA 92262 1 Palm Springs, CA 92264 Pahn Springs,CA 92262
( 512 310 038 ( 512 310 039 512 310 040
John Finazzo&Lorna Marie Walek Rosario&Helen Costamino Nathan Moishe&Geraldine Israelson
1004 Andreas Palms Dr 1006 Andreas Palms Dr 1008 Andreas Palms Dr
Palm Springs,CA 92264 Palm Springs,CA 92264 Palm Springs,CA 92264
( 513 310 003 513 310 004 513 310 005
Sean Louden Meunier Phyllis Loh Investment Lp
7415 Holly St 22347 Caballero Rd 30659 Rue Valois
Oakland, CA 94621 Clovis, CA 93611 Rancho Palos Verdes, CA 90275
513 310 006 513 310 007 5 310 8
Theodore Bella Robert Otto Me ' r hylhs
PO Box 4750 121 W Goethe St 22347 ero Rd
Palm Springs,CA 92263 Chicago,IL 60610 Clovis,Palm 3611
513310009 513310012 513310013
Sion&Violette Mazin Johannes Paszek Phyllis Meunier
12830 Burbank Blvd#222 2150 Wappoo Hall Rd 12405 Weddington St
North Hollywood, CA 91607 Charleston, SC 29412 North Hollywood, CA 91607
513310015 513310016 513310017
United Nations f World Foundati Sion&Violette Mazin Andreas Canyon Club
PO Box 3332 12830 Burbank Blvd#222 266 Tempos Cir
Los Angeles,CA 1 North Hollywood, CA 91607 Arroyo Grande, CA 93420
513410418 513 3 019 513 31 020
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CA CA , CA
513 310 021 513 310 022 513 , 'O(1
Rita Peters James &(ve
ald Kropacek City!zs Springs
9542 Avenue B 1139 E Gary N#9W PO Box2�sA
Niland, CA 92257 West Co ' C1790 Palm Sp ' 92263
513 45 00 513 45 004 513 540 003
City Of P Springs City Of P Springs Wdi Land Holdings Lie
PO Box 27 PO Box 27 44600 Village Ct
Palm Sprm 92263 Palm Spri s, A 92263 Palm Desert,CA 92260
6, 0'c �
512 210 053 512 210 054 j 512 210 055
MANHATfAN H I S LLC MR.DAVID RUSSELL i PIZARRO INVESTMENT LLC
718 19T"STREET fqFN 4959 NEW RANCH ROAD MACS PROPERTY INVEST
SACRAMENTO C 95 14 EL CAJON CA 92020 1100 IRVINE BLVD#50
TUSTIN CA 927480
512 210 056 �, 512 210 057 �� I� 512 210 058
JORY I DOUBLED INVESTMENT CORP MR LAURENCE COLTON
1895 NORTH MAIN STREET 711 MISSION AVE#208 MR JOHN WILLIAM MCCO
ORANGE CA 92865 OCEANSIDE CA 92054 f 9 LEEWARD ROAD
BELVEDERE CA 94920
512 220 011 512 261 005 j 512 270 005
ACANTO PA N S LLC MR JON CAFFERY % MR ROBERT NIELSEN
1601 DOVE ST ET#170 1590 E PASEO EL MIRADOR 751 PANHANDLE DRIVE
NEWPORT BE C CA 92660 PALM SPRINGS CA 92262 I DIAMOND BAR CA 91765
512 271 005 512 280 005 : 686 470 002
MR MIKAEL JAKOBSSON USA 512 1 VINCIE AND P.A. DILORENZO
1490 SO CAMINO REAL#3050 9 KING EDWARD COURT 601 NORTH 20"STREET
PALM SPRINGS CA 92264 ! RANCHO MIRAGE CA 92270 BANNING CA 92220
686 470 012 ! 686 470 029 686 510 003
MR DAVID WILLINGER i MR ALFRED RATTENNI SERVICE 2001 TRUST
MS ELLEN WILLINGER PO BOX 629 38155 VIA FORTUNA
38030 MARACAIBO CIRCLE EAST ARMONK NY 10504 PALM SPRINGS CA 92264
PALM SPRINGS CA 92264
686 510 017 i 686 510 029
MS MYRNA KX
MS GLORIA MATER
6 EASTON CO 1000 NO LAKE SHORE DRIVE#53A
RANCHO MIR92270 CHICAGO IL 60611
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513 570 008 513 570 009 513 570 010
Cerciello Aldo&Manuela Mra Funding Carp Hollyltills Dev Inc
5075 Shoreham PI#150 1444 S Alpine Dr PO Box 1161
San Diego, CA 92122 West Covina, CA 91791 Palm Springs, CA 92263
i
513 570 011 513 570 012 513 570 013
Sou Pahn Cyn Hoa Ridge Martin&Martin Mcdermott Cerciello Aldo&Manuela
155 N Blue Canyon Rd 655 N Palm Canyon Dr#8 5075 Shoreham Pl#150
Palm Springs, CA 92264 Pahn Springs, CA 92262 San Diego, CA 92122
513 70 01 513 570 OIS 513 57 016
Pizzaro v tmen"Llc Ridge At So Palm Canyon Homeowner Philip Bl &7 Derocco
11001ryine vd#50 1313 W 8th St#200 11400 W Ol c Blvd#9TH
Tustin,CA Los Angeles,CA 90017 Los Angeles A 0064
513 541001 513 541002 513 541003
Natbeck Inv& y eights Assoc Natbeck Inv&Harold Miller Natbeck Inv&David Fringer
li 1158 State St#M4' 333 E Channel St#2ND 2884 N Andalucia Ct
San Diego, CA 9 10 Stockton, CA 95202 Palm Springs,CA 92264
513 541004 513 541005 513 541006
Natheck Inv&Harold Miller Sather Kare I Natbeck Inv&W Theodore Clark
333 E Channel St#2ND 3073 Ceylon R 9307 S Glendora Dr
Stockton,CA 95202 Costa Mesa C 92 Spokane,WA 99223
513 541007 513 541 008 513 541009
Natbeek Inv&Petka Pramatarov Maryann Ahlgren i Natbeck Inv&David Witt
PO Box 3094 68733 Perez Rd#C-11 2852 N Andalucia Ct
Clifton,NJ 07012 Cathedral City, CA 92234 Pahn Springs,CA 92264
513 541010 513 541011 513 541012
Natbeck&Alvin Rudd Natbeck Inv&Be YHammes Benneth&S�SKatz
2850 N Andalucia Ct 2851 N Andalucia Ct 1150 Sacramento St
Palm Springs, CA 92264 Palm Springs, CA 92264 San Francisco,CA 94108
513541013 513 541014 � 513 541015
Natbeck Inv&Tanya Grubich Donn Fry&Diane Stielsira Natbeck Inv&Leota Leake
160 S Sunrise Way#487 2873 N Andalucia Ct 2885 N Andalucia Ct
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs,CA 92264
513 541016 513 541017 513 541018
Natbeck Inv&Michael Shulimson Natbeck Inv&Ferro Ti&Alloys In Natbeck Inc&Gordon Leake
33397 Mulholland Hwy 17 Connaught Sq W22hj 212 Canyon Cir N
Malibu,CA 90265 LONDON Palm Springs,CA 92264
UNITED KINGDOM
513 541019 513 541020 513 541021
William&Donna Randle Albert Yunker Jr. Violet Jurgich
96 Stumpfield Rd 2882 N Greco Ct 200 Beach PI#404
Kensington,NH 03833 Palm Springs, CA 92264 Edmonds,WA 99020
513 541022 513 541023 513 541024
Natbeck Inv&Mary Williamson Evelyn Alexandre Natbeck Inv&.Albert Neal Simmons
271 Murray Dr 1850 Gough St#604 100 S Sunrise Way#429
El Cajon,CA 92020 San Francisco, CA 94109 Palm Springs,CA 92262
513 541025 513 541026 513 541027
Natbeck Inv&Larry Mather Donald Peterson Natbeck Inv&John Ivanoff
2927 Canyon Cir S 2952 Canyon Cir S 4024 12th St
Palm Springs,CA 92264 Palm Springs, CA 92264 Riverside, CA 92501
513 541028 513 541029 513 541030
Natbeck Inv&June Simmons Natbeck Inv&Neil Goodhue Natheck Inv&Carl Marusak
500 W Crescent Dr 300 Hillside Ave 201 S Mission Dr
Palm Springs, CA 92262 Piedmont,CA 94611 San Gabriel, CA 91776
513 541031 513 541032 513 541033
Natbeck Inv&Kenneth Mirch Natbeck hry&Stephan Plager Nat Beck Inv&Kenneth Mirch
925 17th St#4 235 4th Ave 219 Canyon Cir N
Santa Monica, CA 90403 Santa Cruz, CA 95062 Palm Springs,CA 92264
513 541034 513 541035 513 541036
Natbeak Inv&Robert Debnam I Manuel Mares 1 Shirley Engleman
1334 NE Mayfield 1 231 Canyon Cir N 233 Canyon Cir N
Portland,OR 97229 i Palm Springs, CA 92264 Palm Springs, CA 92264
513 541037 513 541038 513 541 039
Natheck Inv&Thomas Mark Trelak M J Playan Albert&Marion Carpenter
235 Canyon Cir N 2870 N Andalucia Ct 239 Canyon Cir N#81
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs,CA 92264
513 541040 513 541041 513 541042
Natbeck Inv&Lee Brandenburg Frank Bustillos Yale&Ethie Rutzick
1122 Willow St#200 1970 Fell St 1649 Beechwood Ave
San Jose, CA 95125 San Francisco, CA 94117 Saint Paul,MN 55116
513 541043 513 541044 513 541045
Natbeck Inv&Shirley Dec Kubly Gene Schreiber Natbeck Inv&Carolyn Nevotti
1112 7th Ave 8491 Fountain Ave#J1 234 Canyon Cir S
Monroe,WI 53566 West Hollywood, CA 90069 Palm Springs,CA 92264
513 541046 513 542 001 513 542 002
Natheck Inv&Hannah Sobel Sherry Ann Scherotter Natheck Inv
230 Canyon Cir S PO Box 2224 PO Box 1906
Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92263
513 542 003 513 542 004 513 542 005
Suzanne Reynolds Natbeck Inv&Brian Catalde Inv King Jennifer J&Jennifer Irate King
2917 Cervantes Ct 801 E Tahquitz Canyon Way#100 12711 Ventura Blvd#480
Palm Springs, CA 92264 Palm Springs, CA 92262 Studio City, CA 91604
513 542 006 513 542 007 513 570 001
Natbeck Inv&Phillip Rose Natbeck Inv&Bank Of America Nall Mm Funding Corp
2910 Cervantes Ct 333 S Beaudry Ave#21ST 1444 S Alpine Dr
Palm Springs, CA 92264 Los Angeles,CA 90017 West Covina, CA 91791
513 I 513 70 3 � � 513 0 4
Mr!mj
CorpMra ding CorpAlberiupLlc144 r1444 ineDr PO Box
WeCA 91791 West 0 ' CA 91791 Palm Sp gs, A 92263
113 0 0 513 570 006 1 513 570 007
Alberni oup Llc Cerciello Aldo&Manuela National Capital Holdings Llc
PO Box 1 5075 Shoreham PI#150 1100 Irvine Blvd#50
Palm Sp - gs, A 92263 San Diego,CA 92122 Tustin, CA 92780
686 020 005 1 686 020 06 686 020 007
Agua Caliente Band-Cahuilla Indians MR ROB T LO II MS KATHELEEN BARBARESI
650 E Tahquitz Canyon Way 2857 DERR AD EAST MR THOMAS KELLY JR
Palm Springs, CA 92262 MISSIS )AUG NTARIO 1200 PROSPECT STREET 4250
LA JOLLA CA 92037
I �
686 020 008 • 686 050 001
ANDREAS CANYON CLUB MR ROBERT J POND
266 TEMPUS CIRCLE 64725 ACANTO DRIVE
ARROYO GRANDE CA 93420 PALM SPRINGS CA 92264
INDIVIDUALS REQUESTING • MR AND MRS LEE WIEGEL
NOTICES: 380 BOGERT TRAIL
PALM SPRINGS CA 92264
I
I i
it I �
Neighborhood Coalition List MR BILL DAVIS AND
as of June; 2003 MR PETER DIXON MS TRISHA DAVIS
Case 5.0676, City of P.S. P.C. 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA
Hearing, June 25, 2003 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN
C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD
175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262
PALM SPRINGS CA 92262
MR TIM HOHMEIER j MR BOB SEALE MR PHIL TEDESCO
1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
I ij 1
MR MARSHALL ROATH MS MARGARET PARK
MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL
565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -D--J =0 =D -J 650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
I
I CITY OF PALM SPRINGS
PLANNING &ZONING DEPT
✓ERIFICATION NOTICE =J --J =J ATTN: SENIOR SECRETARY
PO BOX 2743.
PALM SPRINGS CA 92263-2743
SPONSORS -D -o � =o -J CITY OF PALM SPRINGS
057,E
513310018
USA 513 513310019
USA 513 513 310 020
USA 513
686 020 001
USA 686 020 003
686 020 014
USA 686
686 020 015
USA 686 686 020 016 USA 686 686 020 017
USA 666
686 020 018
USA 686 686 020 019
USA 686 686 026 021
USA 686
512 200 00S
Usa Bin 512 200 016
Unknown 04-28-2000 Usa Bia 512 200 022
CA Unknown 04-28-2000 Usa Bia 04-
28-2000
CA
512 200 024
Usa Bia 512 200 025
Unknown 04-28-2000 Usa Bia 512 200 026
CA Unknown 04-28-2000 Usa Bia
CA Unknown 04-28-2000
512 200 027
Usa Bia 512 200 028
Unknown 04-28-2000 Usa Bia 512 210 012
CA Unknown 04-28-2000 Usa 512
Unknown
CA
&�Xce 3 /�
510 3"003 510 310 007 512 020 001
Usa 510 Usa 510 Usa Bia
Unknown Unknown Unknown 04-28-2000
CA CA CA
51202000.2 512 020 003 512 020 011
Usa Bia Usa Bia Usa Bia
Unknown 05-15-1998 9 Unknown 04-28-2000 Unknown 04-28-2000
• CA CA CA
512 020 012 512 020 013 512 020 014
Usa Bia Usa 512 Usa Bia
Unknown 12-01-1999 Unknown As Of 06-12-79 Unknown 05-15-1999
, CA CA CA
512 031001 512 031002 512 031003
Usa 512 Usa Bia Usa 512
Unlmown 01-10-96 Unknown 03-20-97 Unknown 03-04-86
,CA CA CA
512 031004 512 031005 512 032 001
Usa Bia Usa Bia Usa Bia
Unknown 09-26-97 Unknown O1-10-1999 Unknown 09-04-98
,CA CA CA
512 033 003
Usa Bia
Unknown
CA
512 033 004 512 033 005 512 033 008
Usa 512 Usa Bia Usa 512
Unknown 04-24-79 Unknown 02-17-98 None
,CA CA CA
512 033 009 512 033 012 512 033 013
Usa Bia Usa Bia Usa Bia
Unknown 0l-06-1999 Unknown 01-10-1999 Unknown 06-23-97
,CA CA CA
512 033 014 512 033 015 512 060 001
Usa 512 Usa Bia Usa Bia
2550 S Pequeno Cir Unknown 07-28-1999 Unknown 12-17-2001
Palm Springs, CA 92264 CA CA
512 O 2 51 060 0 512 060 004
John &Deanna Toro John eas&Deanna Toxo Usa Bia
PO Board 1500 S y Canyon Dr Unknown 01-01-2000
Boonvi11 C 95415 Palm S "n , CA 92264 CA
512 060 005 512 60 0 6 512 060 007
Usa Bia John eas&Deanna Toro Usa 512
Unknown07-28-1999 PO Box 113 None
CA Los An ele CA 90027 CA
512 060 008 512 060 009 512 070 001
Usa Bia Usa Bia Usa 512
Unknown 01-01-2001 Unknown 12-01-1999 Unknown 02-01-83
CA CA CA
512 070 002 512 070 003 512 070 004
Usa 512 Usa Bia Usa Bia
None Unknown 01-15-97 Unknown 01-01-2001 a5
CA CA CA
512 070 005 512 070 006 512 070 007
Usa Bia Usa 512&John Andreas Usa Bia
Unknown 07-23-1999 Unknown 07-18-89 Uaknown 01-10-1999
CA CA CA
512 070 008 512 070 009 512 070 010
Usa 512 Usa 512 Usa Bin
Unknown 12-18-81 Unknown 12.02-91 9 Unknown 10-13-1999
CA CA CA
512 070 Ol l ; 512 070 012 512 070 013
Usa Bia Usa 512 Usa Bia
Unknown 01-01-2000 Unknown 07-27-84 Unknown 01-01-2001
,CA , CA , CA
512 070 014 512 070 015 512 070 016
Usa 512 Usa 512 Usa Bia
NO STREET NAME or NUMBER None Unknown 12-05-97
,CA ,CA , CA
512 070 017 512 070 018 512 070 019
Usa 512 Usa Bia Usa Bia
Unknown 01-02-2002 Unknown 01-01-2002 Unknown 06-18-98
CA CA CA
/ z, o
512 070 042 512 070 046 512 070 047
Usa Bia Usa Bia Usa Bia
Unknown 01-01-2001 Unknown 02-15-2000 9 Unknown 12-07-1998
,CA CA , CA
512 070 048 512 070 049 512 070 050
Usa 512 Usa Bia Usa 512
Unknown 01-20.88 Unknown 01-14-2000 9 Unknown 10-01-81
CA CA CA
512 070 051 512 070 052 512 070 053
Usa 512 Usa 512 Usa 512
None Unknown 06-24-83 None
,CA , CA , CA
512 070 054 512 070 055 512 070 056
Usa 512 Usa Bia
Usk Bia
Unknown
Unknown 07-13-1999 Unknown 03-14-2000 �
CA CA CA
512 070 057 512 070 058 512 070 059
Usa Bia Usa Bia Usa Bia
Unknown 10-21-98 Unknown 05-01-2001 Unknown 08-26-1999
,CA , CA , CA
512 070 060 512 070 061 512 070 062
Usa 512 Usa 512 Usa 512
Unknown None Unknown 01-04-2002
,CA ,CA , CA
512 070 063 512 070 064 512 070 065
Usa 512 Usa Bia Usa 512
Unknown 08-23-96 Unknown 07-02-97 Unknown 03-30-95
,CA ,CA , CA
512 070 066 512 070 071 512 070 072
Usa 512 Usa Bia Usa 512
None Unknown 8-6-98 None
,CA CA CA
512 070 073 512 070 090 512 070 091
Usa Bia Lot Common Lot Common
Unknown 07-28-1999 Unknown Unknown
, CA , CA , CA
512 070 092 512 070 093 512 080 001
Lot Common Lot Common John pkL
Unknown Unknown
PO Box 45 -
CA CA Palm Sp ' CA 92263
512140 001 512 140 002 512 140 003
Usa Bia Usa Bia Usa Bia
Unknown 04-28-2000 9 Unknown 04-28-2000 9 Unknown 04-28-2000
CA CA CA
512 151 001 512 151002 512 151003
Usa 512 Usa 512 Usa Bia
None Unknown 01-09-86 9 Unknown 12-22-2000
CA CA CA
512151 004 512 151005 512 151006
UsaBia Usa Bia Usa Bia
Unknown 06-08-2001 Unknown 05-30-97 Unknown 07-28-1999
, CA CA CA
512 51 007 512 51008 512151009
7ohnn and W' & hyllis Tew Usa Bia
2719 Bo Cir 2727 A
Cir Unknown 06-24-97
Palm rin CA 92264 Palm , CA 92264 CA
512 151 010 512 151011
512 151012
Usa Bia Usa Bia Usa Bia
Unknown 07-28-1999 Unknown 08-18-1999 Unknown 01-01-2002
,CA , CA , CA
512151 013 512 152 001 512 152 002
Usa Bia Usa Bia Usa Bia
Unknown 05-15-1998 Unknown 07-28-1999 Unknown 09-16-98
'CA CA CA
512152 003 512 152 004 512 152 005
Usa 512 Usa Bia Usa Bia
Unknown 63-10-86 Unknown 07-13-1999 Unknown 05-15-1998
,CA , CA CA
512160 003 512 160 009 512 160 011
Usa Bia Usa Bia Usa Bia
Unknown 04-28-2000 Unknown 05-15-1998 9 Unknown 04-21-97 9
>CA CA CA
512160 014 512 171 007 512 171 008
Usa Bia Usa Bia Usa Bia
Unknown 04-21-97 Unknown 04-28-2000 Unknown 04-28-2000
, CA , CA , CA
512172 001 512 172 002 512 172 003
Israel Milt Usa Bia Usa Bia
Unknown A Unknown 09-02-98 9 Unknown 08-17-1999
,CA CA CA
.512172 004 512172 005
Usa 512 Usk Bia 512 172 006 UnknmvnAs Of Il/15/78 Unlmown-01-01-2002� Usa Bia
Unknown
,.CA CA CA
512172 009 512 172 010'Usa Dia. 512172011
Unknown 04-03-99 Usk Bia Usa Bia
Unknown 07-28-1999 Unknown 07-13-1999
,CA CA CA
512172 012 512 172 015 S 12
Usa Bia. Us 512172 017
Usa Bia Bia
Unknown OS-19-97 Unknown 04-28-2000 Usa
CA Unknown 05-15-1999
CA
,CA
512172 018 512 172 019 172 020
Usa Bia. Usa Bia 512 512
Unknown 05-15-1998 Unknown 04-28-2000 Usa Bia Bowe 04-2$2000
,GA CA CA
512172 022 512 172 024'
512180 Ol0
Usa Bia Usa 512 Usa Bia
Unknown 04-28-2000 Unknown04212000 Unknown CA CA CA 04-28-2000
,
512 200 1005 512 200 016
Usa Bia 512 200 022
Unknown 04-28-2000 Usk Bia Usa Bia
CA Unknown 04-28-2000 Unknown 04-28-2000
CA CA
512 200 024 512 200 025
Usa Bia Usa Bia 512 200 026
Unknown 04-28 2000 Unknown 04-28-2000 Usa Bia
'CA CA Unknown 04-28-2000
CA
512 200 027 512 200 028
Usa Bia Una Bia 512 210 012 unknown 04-2$-2000 Unknown o4-2s-z000 Usa 512
�
CA' CA Unknown
CA
�y 1
009 600 166 009 601 718 009 601719
Agua Caliente Dev Authority I Robert Haglund Stanford Goulding
Canyon Country Club 135 E Twin Palms Dr PO Box 240
1100 E Murray Canyon Dr Palm Springs, CA 92264 Sunset Beach, CA 90742
II Palm Springs, CA 92264
009 601720 009 601721 009 601764
Barbara Turner Jacqueline Lawrencei Ramanathan Krishnan&Nirjala Krish
27164 Fond Du Lac Rd 2737 S Camino Real PO Box 133202
Rancho Palos Verdes, CA 90275 Palm Springs, CA 92264 Big Bear Lake, CA 92315
009 601 765 009 601777 009 17 8
Howard Sanger&Barbara Sanger Jack&Cindy Ginsberg JacqueI Lawrence
2488 S Alhambra Dr 8435 NE 13th St 2737 S � o Real
Palm Springs, CA 92264 Bellevue, WA 98004 Palm Sp ' CA 92264
I
009 601779 I �� 009 601 780 � 009 601 781
Raymond Sneath Richard&Barbara Dolven William Tow
2739 Bonita Cir 138 Sagamore Rd Box 514 Grand Bend
Palm Springs, CA 92264 Millburn,NJ 07041 ON NOM 1T0
CANADA
009 601782 009 601 783 009 602 095
Scott Timberlake Keith Shibou&Simmie Shibou Tao Shing Hsu&Kuei Lam Hsu
2719 Bonita Cir 2707 Bonita Cir 2700 S Calle Palo Fierro
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 096 009 602 097 009 602 098
William Knight Sidney Port Leona Louise Silverman
2712 S Calle Palo Fierm 1040 N Lake Shore Dr#12D 491 E Santiago Way
Palm Springs, CA 92264 Chicago,IL 60611 Palm Springs, CA 92264
009 602 099 009 602 100 009 602 101
Steven Little&Richard Langley Jr. Theodore Makin&Barbara Mullin Noia Ernest G&Carolyn G
1875 Century Park E#150 465 E Santiago Way Noia
Los Angeles, CA 90067 Palm Springs, CA 92264 457 E Santiago Way
Palm Springs, CA 92264
009 602 102 009 602 X
009 602 105
Estate Firm Real Frank I= udy Kvammen Milt Israel
2720 NE 33rd Ave 345 E San300 E Santiago Way
Portland,OR 97212 PalmSp2264 Pahn Springs, CA 92264
009 602 106 009 602 107 009 602 108
Daniel Livingston Joseph Kotansky&William Vanhorn George Machado
390 E Santiago Way 422 E Santiago Way 444 E Santiago Way
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 109 009 602 110 009 602 I l l
Graham Ronald Wein&Tina Wein Bearman Jerome&Brenda Sue
464 E Santiago Way 484 E Santiago Way Jerome&Brend Bearman
Palm Springs, CA 92264 Palm Springs, CA 92264 490 E Santiago Way
Palm Springs, CA 92264
009 602 373 j ( 009 602 374 009 602 375
Larson Herbert W David Bailey Barbara Pierce
j 1515 E Via Estrella 617 S Olive St 4910 1599 E Via Estrella
Palm Springs, CA 92264 Los Angeles, CA 90014 Palm Springs, CA 92264
009 602 376 009 602 377 009 602 405
Mark&Linda Wolpa Hull Richard F Annette Goldberg
3826 Palo Alto Dr I 2150 S Andrews Ave 1555 N Astor St
Lafayette, CA 94549 Fort Lauderdale,FL 33316 - Chicago,IL 60610
009 602 406 009 602 407 009 602 408
Frank Holmes&Ralph Ferraro Charlene Fracess Maryann Samuelson
1558 E Via Estrella 1590 E Via Estrella 1606 E Via Estrella
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 409 009 602 412 009 602 413
Virgil Bramlett Jr. Ruth Romoff&Julius Kreeger Law David W&Patricia Christeen
737 E Alejo Rd 1680 S Murray Canyon Dr 1650 S Murray Canyon Dr
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
009 6 4 i4 ( 009 602 415 009 602 416
Jon Kendall Rosemeyer Frank Pearl G
1600 S M Canyon Dr 230 Saint Andrews Dr 1570 S Murray Canyon Dr
Palm Sp
rin s, A 92264 Napa, CA 94558 Palm Springs, CA 92264
009 602 417 009 602 418 009 602 419
Mary&Merriman JoI Arena John Goettlicher Edward&Felictas Corbell
1550 S Murray Cany Dr 1500 S Murray Canyon Dr 1304 llth St
Palm Springs, CA 2 Palm Springs, CA 92264 Manhattan Beach, CA 90266
009 602 420 009 602 421 009 602 422
William Phillips&Sandra Phillips 1400 Murray Canyon C Larry Haag&Helen Hoag
PO Box 3223 620 Arkell Dr 7730 4th PI
Rancho Mirage, CA 92270 Beverly Hills, CA 90210 Downey, CA 90241
009 602 423 009 602 424 ' 009 602 425
Slavin Leon Kenneth Buck&Vicki Lyn Buck Gerard Louis Germ
1330 E Murray Canyon Dr 1801 NE Marine Dr 2514 S Toledo Ave
Palm Springs, CA 92264 Portland,OR 97211 Palm Springs, CA 92264
009 602 677 009 602 678 1 009 602 679
Don Norton Weber Steven&Glenn Tru Anderson Howard&Beverly Surnerlin
2716 S Kings Rd W 2710 S Kings Rd W 2730 S Kings Rd W
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 680 009 602 681 009 2 68
David Ebersole&Danny Puncher Robert&CXR
Eric& Schroeder
2690 S Kings Rd W 2660 S King Connie PPalm Springs, CA 92264 Palm Spring4 4510 68th ye
AB I v
009 602 683 I 009 602 684 j 009 602 685
Maurice Lava&Edith Lava Charles Goldberg&Diane Goldberg Carnes Nancy J
3531 Oakton Dr#3009 PO Box 99719 j 2691 S Kings Rd E
Minnetonka,MN 55305 San Diego, CA 92169 Palm Springs, CA 92264
` I
!, 609 602 686 009 602 687 009 602 688
Michael Friedberg&Marvin Gans Edna Sohr Richard Peipho
30 N La Salle St#2600 2733 S Kings Rd E 2747 S Kings Rd E
Chicago, IL 60602 Palm Springs, CA 92264 Palm Springs, CA 92264
009 602 689 009 602 690 009 602 691
Alexeae Silver Tracy Leff Irving Pinto
1880 Century Park E#300 3001 Danalda Dr 331 Caminito Daniella
Los Angeles, CA 90067 Los Angeles, CA 90064 Del Mar, CA 92014
009 602 692 009 602 693 009 602 694
Donald Lewis Matlock&Betty Rae Ma Rosalind Siegel Sternoff Ruth Colman
330 Termant Ave 2750 S Kings Rd E 21236 Pacific Coast Hwy
Morgan Hill, CA 95037 Palm Springs, CA 92264 Malibu, CA 90265
009 602 695 009 602 696 009 602 697
Maxine Altshuler Dante&Teresita Han Ravetti Ira&Arlene Ginsberg
2696 S Kings Rd E 555 Laurel Ave#123 19532 Wells Dr
Palm Springs, CA 92264 San Mateo, CA 94401 Tarzana, CA 91356
009 602 698 009 602 699 i 009 602 700
Drucker James&Shirley J Robert&Patricia Greer Michael Landsman&Seymour Borde
Drucker 2638 S Kings Rd E 2600 S Kings Rd E
2708 Waltham Cross St Palm Springs, CA 92264 Palm Springs, CA 92264
Belmont, CA 94002
009 602 701 009 602 702 009 602 703
John Boulton&David Kelders Geoffrey&Patricia Cross Ronald Maline&Deborah Dee Simpso
9011020 Harwood 2627 S Kings Rd W 8235 2nd St
VANCOUVER BC V6E 4RI Palm Springs, CA 92264 Downey, CA 90241
CANADA
009 602 704 009 602 705 009 602 706
Arlene Barnett Morton Ulman&Andree Ulman i Harold Lutrin
2649 S Kings Rd W PO Box 2562 2657 S Kings Rd W
Palm Springs, CA 92264 Palm Springs, CA 92263 Palm Springs, CA 92264
009 602 707 009 602 708i f 009 602 709
Glickman Harry&Joanne Michael Humenuik Ellen Mcdonald&Emily Ma Hirschfiel
Glickman 4196 Martel Ave 759 Snow King Dr
334 SE Spokane St Los Angeles, CA 90036 Jackson Hole,WY 83001
Portland, OR 97202
009 602 710 009 602 711 00 02 12
Jack Victor&Rita Victor Tony&Norma Guenther Mic umenuik
3201 Old Jacksonville Rd 328 Piazza Lido 4196 el Ave
Springfield,IL 62707 Newport Beach, CA 92663 Los An le , CA 90036
009 602 713 009 602 714 009 60 15
Steven&Keith Neumann Miriam Woodley Cohen Cohen Edith
Kenneth&Belo Nemmann 3505 S 194th St 2781 S KinARd W
1922 Wisteria Ct#2 Seattle,WA 98188 Palm Spri gs, A 92264
Naperville,IL 60565
009 602 716 009 602 717 009 602 718
Melvin Schwartz&Ramona Schwartz Notorangelo Tyra&Daitchman Quali Irving&Margarette Singer
2748 S Kings Rd W 900 E Murray Canyon Dr PO Box 8276
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92263
009 602 719 009 602 720 009 02 8 9
George Millirons Len&Karen Mannor Agua me Dev Authority
3 Stanton Ct 962 E Murray Canyon Dr Canyon gRA
ClubOrinda, CA 94563 Palm Springs, CA 92264 1100 E CanyonDr
Palm Spri 92264
009 602102 _ 009 603 028 009 603 029
Agua C ien Dev Authority Agua ent ,Dev Authority A ali me Dev Authority
Canyon Co Club Canyon Co Club Canyon entry Club
1100 E Murra anyon Dr 1100 E M Canyon Dr 1100 E M ay Canyon Dr
Palm Springs, 92264 Palm Spring CX 92264 Palm Spri g , CA 92264
009 603 034„ 009 603 512 009 606 026
Agua en a Dev Authority Agua �eRte Dev Authority Marilyn Yokaitis
Canyon try Club Canyo�n�try Club 31 Churchill Ln
1100 E M .Canyon Dr 1100 E M y Canyon Dr Rancho Mirage, CA 92270
_Springs, CA 92264 Palm Spnr s,VA 92264
009 606 027 009 607 498 009 607 499
Granite Canyon Villas Canyon Palm Henry Schielein&Carol Schielein
31 Churchill Ln 1122 Willow St#200 1221 W Coast Hwy
Rancho Mirage, CA 92270 San Jose, CA 95125 Newport Beach, CA 92663
009 607 500 009 607 501 009 607 502
David&Sara Skersick Richard&Sally Martinez Albert Dexter&Elaine Lantheau Land
820 Snapdragon Cir 1632 Abajo Dr 3090 Goldenrod Ln
Palm Springs, CA 92264 Monterey Park, CA 91754 Palm Springs, CA 92264
009 607 503 009 607 504 009 607 505
David Reeder Michael Kaiser Canyon Palm
14571 Round Valley Dr 3070 Goldenrod Ln 3060 Goldenrod Ln
Sherman Oaks,CA 91403 Pahn Springs, CA 92264 Palm Springs, CA 92264
00 07116 009 607 507 009 607 508
Canyo calm Denise Gilbert West Pointe Homes hrc
1122 Will t#200 3030 Goldenrod Ln 3000 Goldenrod Ln
San Jose, C 9 125 Palm Springs, CA 92264 Palm Springs, CA 92264
009 607 510 009 607 511 009 607 512
Zachary Franks&Marly Stone James&Valorie Haley Edward Kaplan
PO Box 42037 720 S Colorado Blvd#380 1946 E Mark Leslie Dr
Portland, OR 97242 Denver,CO 80246 Palm Springs, CA 92264
1
009 607 513 009 607 514 009 607 515
Glen Jenkins&Cheryl Jenkins Jon Caffery Donald Lipsilr `
PO Box 64 , 435 E Tahquitz Canyon Way 1425 N Harper Ave#4
Manzanita,OR 97130 Palm Springs, CA 92262 Los Angeles, CA 90046
009 607 516 009 607 517 009 7 18
R Way Inc Playan M J Fbo&Playan M J Call alm
PO Box 696 2870 N Andalucia Ct 1122 W I w St#200
Cathedral City, CA 92235 Palm Springs, CA 92264 San Jos C 95125
009 607 519 009 607 520 009 607 521
Rick Hawkins&Roy Schaefer Walter&Sharon Diamond Timothy Carlson --
2530 S Camino Real 650 E Bogert Trl 2310 SW Chelmsford Ave
Palm Springs, CA 92264 Palm Springs, CA 92264 Portland,OR 97201
I i
009 607 522 009 607 523 009 6 *12Earlene Nielsen West Pointe Homes Inc WestPoesInc580 E Bogert Trl 960 W Lake Boulevard 204 960Wd#204
Palm Springs, CA 92264 Westlake Village, CA 91361 WestlakCA 91361
009 607 525 009 607 526 009 607 527
Ldw Inv Epp Mark Noble&Susan Dahlberg
1444 S Alpine Dr 374 W Wistaria Ave 400 E Bogert Trl
West Covina, CA 91791 Arcadia,CA 91007 Palm Springs,CA 92264
009 607. 2 009 607 530 009 07 53 Y
Charles L eigel&Marie Lyons Michael Childers Alan &Suzanne Somers
380 E Bogert Krl 1627 N Crower Studio#1 PO Box 5 7
Palm Springs 92264 Hollywood CA 90028 Valenci CA 91385
009 607 532 009 607 534 009 607 535
Alan Hamel&Suzanne Somers Nancy Bien Roger Seltzer&Lois Seltzer
PO Box 55457 10227 Candleberry Ln 22451 De Grasse Dr
Valencia,CA 91385 Northridge, CA 91324 Calabasas, CA 91302
009 607 536 009 607 537 009 607 538
Lopez Abelardo Christopher Eve&Frances Eve Delarg Valerie Clinton _
435 E Bogert Trl 495 E Bogert Trl 998 S Thompson Rd#1
Palm Springs, CA 92264 Palm Springs, CA 92264 Lafayette, CA 94549
009 607 539 009 607 540 009 607 541
R-way hrc West Pointe Homes Inc D&N Llc
PO Box 696 26500 W Agoura Rd 12351 S Ave#4E
Cathedral City, CA 92235 Carlsbad, CA 91362 Yuma, AZ 85365
009 607 542 00 60T543 009, 07 `4
Hollyhi D v Inc Holl s Dev Inc West i to Homes Inc
PO Box 11 PO Box 161 960 We e Blvd#204
Palm Spring 92263 Palm Sp 'n s, CA 92263 Westlak age, CA 91361
009 607 545 �I 009 607 546 �, 009 607 547
Michael&Chawn Prieto I Eugene&Patricia Pastrick Meltz
2170 Tamarisk Rd 3120 Marigold Cir 3130 Marigold Cir
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs,CA 92264
I � f
j 009 607 548 009 607 549 j 009 607 550
Judith Solomon Louis Smits&Helen Smits Pmk
PO Box 491237 2532 N Girasol Ave 717 Brea Canyon Rd#3
Los Angeles, CA 90049 Palm Springs, CA 92262 Walnut, CA 91789
009 607 551 009 607 552 009 607 553
Jeff Litton&Litton Sharon Turner Richard R1CG10 da Riccio John.Spencer
720 Dogwood Cir W 1691 E Ocotillo a 2278 Washington St#7
Palm Springs, CA 92264 Palm
Springs, A 2264 San Francisco, CA 94115
r
009 607 554 j 009 607 555 009 607 556
Robert Nelson Tenney Williamson Graham Susan J&Susan Revpo Graha
780 Dogwood Cir W 785 Azalea Cir W 780 Azalea Cir W
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs,CA 92264
009 607 557 � 009 607 558 009 607 559
Samuel&Diane Roitenberg Walter Holiday Peter Tynberg&Nan Tynberg
5500 Wayzata Blvd#1065 5625 Windsor Way 9 King Edward Ct
Minneapolis,MN 55416 Culver City, CA 90230 Rancho Mirage, CA 92270
009 607 560 009 607 561 009 607 562
Ruth Patencio&Patricia Patencio Guy&Barbara Forney Lori Kirshner&Peter Spiegel
3130 Goldenrod Ln 902 Azalea Cir E 905 Azalea Cir E
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs,CA 92264
009 607 563 009 607 564 009 607 565
Douglas Turstee Westwater Dennis Spurgin&L R Jeanne Miller Clinton F&Karen V
Douglas Westwater 915 Dogwood Cir E Miller
401 E Pedregosa St Palm Springs, CA 92264 PO Box 399
Santa Barbara, CA 93103 Watsonville, CA 95077
009 607 566 009 607 567 009 607 568
Leonard Bow&Darlene Bow Halleck Marten Plante
950 Dogwood Cir E PO Box 696 PO Box 519
Palm Springs, CA 92264 Cathedral City, CA 92235 Palm Springs, CA 92263
009 607 569 009 607 572 009 607 771
Robin Rosenberg&Rosemarie Fiorentii William Thomas&Roger Minami Canyon Palm
955 E Bogert Trl 348 S Main St 1122 Willow St#200
Palm Springs, CA 92264 Pleasantville,NJ 08232 San Jose, CA 95125
009 607 772 009 607 845 009 609 241
Glickman Hollyhills Dev Inc Richard Wheeler&Rae Wheeler
725 E Bogert Trl 2705 S Palm Canyon Dr 10409 Riverside Dr#104
Palm Springs, CA 92264 Palm Springs, CA 92264 Toluca Lake,CA 91602
f 009 609 242 I 009 609 243 009 609 244
Vincie Diloreazo&Pietrina Dilmenzo Hal Hall&Norman Staffer Dasilva Rui A Fres Inc Profit Sharing P
601 N 20th St 1 1225 Amethyst St#A 58471 Twentynine Palms Hwy.
Banning, CA 92220 1 Redondo Beach, CA 90277 Yucca Valley, CA 92284
009 609 245 009 609 246 009 609 247
Dale Bohm&Judith Behm Steven&Kathryn Lyle Timothy Taylor
j 38211 E Bogert Trl 38230 Maracaibo Cir E i 38200 Maracaibo Cir E
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs,CA 92264
i
009 609 248 009 609 249 009 609 250
John Luhrs&A Christine Luhrs Ronald&Wanda Nakata I Samuel Angel&Susan Angel
34300 Lantern Bay Dr#54 7306 NE Fremont St 38080 Maracaibo Cir E
Dana Point, CA 92629 Portland OR 97213 Palm Springs, CA 92264
009 609 251 009 609 252 009 609 253
Manuel Rodriguez Ronald Williams Vadnais Edmond J&Margaret A
1048 Rashford Dr 4511 E Sunny Dunes Rd#B Vadnais
Placentia,CA 92870 Palm Springs, CA 92264 38011 Maracaibo Cir W
Palm Springs, CA 92264
009 609 254 009 609 256 009 609 257
Raymond Leonard&Kathryn Leonard Marc&Michelle Vincent Wallace&Maxine Beinfeld
38025 Maracaibo Cir W 38085 Maracaibo Cir W 2333 E Rogers Rd
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92262
I
009 609 258 009 609 259 009 609 260
Hugh Kaptur Harry Robinson Thomas Shannon&Aat Groenevelt
38165 Maracaibo Cir W 38215 Maracaibo Cir W 622 N Water St#600
Palm Springs, CA 92264 Palm Springs, CA 92264 Milwaukee, WI 53202
009 609 261 009 609 262 009 609 263
William&Rosemary Thomas M&Marcia Higashino Julius Zev Yanofsky
38194 Maracaibo Cir W 38144 Maracaibo Cir W 9000 W Sunset Blvd#1000
Palm Springs, CA 92264 Palm Springs, CA 92264 Los Angeles, CA 90069
009 609 264 009 609 265 009 609 266
Naomi Barer-fink&Michael Barer Larry Goodman&Myrna Goodman Silas Oquinn
38086 Maracaibo Cir W 14400 Aviation Blvd 38127 Maracaibo Cir E
Palm Springs, CA 92264 Hawthorne, CA 90250 Palm Springs, CA 92264
009 609 267 009 609 268 009 6 2 9
Robert&Joan Ross Wayne&Christa King Steven anet Reid
38147 Maracaibo Cir E 38197 Maracaibo Cir E *no Site ess*
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Sp g , CA 92264
009 609 270 009 609 271 009 6 27
Andreas Canyon Estates Homeowners Dunphy Industries Andrea an on
Estates Homeowners
600 E Tahquitz Mccallum Way PO Box 2739 600 E T uitz Mccallum Way
Palm Springs, CA 92262 Palm Springs, CA 92263 Palm S 'ng CA 92262
009 715 355
DESERT ADVENTURES
A CALIFORNIA CORPORATION
67555 E PALM CANYON DR#El06
CATHEDRAL CITY CA 92234
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1875 Centurp Park E#150
Los Angeles, CA 90067
n'] NOTICE OF PLANNING COMMISSION
No.4730
MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0576 - SP-1A
Canyon South Specific Plan
PROOF OF PUBLICATION South of Murray Canyon Drive,
north of Acanto Drive, west of Palm
Canyon Wash, east of the San
(2015.5.C.C.P) Jacinto Mountains
NOTICE IS HEREBY GIVEN that the Planning
Commission of the City of Palm Springs, Califoi'-
nia, will hold a publlc hearing at its meeting of
June 25,2003.The Planning Commission meatmqq
begins at 1:30 p tn. (public hearings start at 2:00
pp m.)in the Council i-nber at City Hall,3200 E.
Tahquitz Canyon Way, Palm Springs.
The ppurpose of the hearing is to consider Case
5.0576, an application by the City of Palm
Springs for a General Plan amendments to re-
STATE OF CALIFORNIA [nave the PR M15 and l-130-deeignatlons_we_of -
--SouthPNGn Canyon-6nve and replace them with
Connty Of Riverside L2(Law Density esideni 2 units/acre). In add)-
tion,approximately 35 acres southwest of Canyon
Heigghts development will be re-designated from
L2 to C (Conservation), and includes a density
transfer of 70 units to adjacent eastern property.
In order to accommodate the hotel and spa at the
southeast corner of South Palm Canyon Delve
and Murrayy Canyon Drive, the propperty is pro-
posed to be redesiggnated from N715 Me win
Density Residential 12-15 unita/acre)to H30(I-Ilgh
Density Residential 21-30 umts/acre),The entire
planning area encompasses approximatelyy 741
acres located south of Murray Canyon Di ive,
north of Acanto Drive, west of Palm Canyon
Wash, and ..at of the San Jacinto Mountains,
Zone W, W-R-1$, R-1-B, W-R-1-A, R-1-A 0-20,
1 am a citizen of the United Stakes and a resident of U-R, R-2, and SP-1, portlons of Section M, 35,
the County aforesaid;I am over the age of eighteen and 36. -
ears,and not a ark to or interested in the An amendment to Specific Plan INA will also be
y party considered.The revised Specific Plan will consist
above-entitled matter.I am the principal clerk of a of 4 components' the golf course redesign and
P P clubhouse remodel, the hotel and spa location
printer of the,DESERT SUN PUBLISHING existing and proposed residential develogment,
and conservation/ep en space.The project a newspaper of general circulation, ary will be reduced by approximately 20 acres at
tinted and published in fire city of Palm Springs, the northeast corner, determined to be undevel-
p p tyopable in the Stipulated Judgment The total
Count of Riverside, which a has been number of units proposed for the Specific Plan
y verse,an w newspaper Per will be reduced by 40 units, Development pro-
adjudged a newspaper of general circulation by the posed in the Specific Plan is consistent with that
already occurring in the area.
Superior Court of the County of Riverside,State of _
California under the date of March 24,1988.Case 1/10j 17Y MAP +�
Number 191236;that the notice,of which the
annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular _
and entire issue of said newspaper and not in any -
supplement thereof on the following dates,to wit:
Tune 51h - --------- --------
cm'r 1 Purasr.nas
All in the year 2003
I certify(or declare)under penalty of perjury that the An Environmental Impact Report and Mitigated
foregoing is true and correct. Negative Declaration have been preyous)yy ap-
g g 6u proved by the City Council m conjunction with the
approval of the Canyon Park Resort and Spa
Specific Plan k1A An Addendum to the certified
Dated at Palm Springs,California this-------day Environmental Impact Report has been prepared
and will be reviewed by the Plannmq Commission
June at the meeting. Members of the public may view
this document in the Department of Planning and
Of-------------------------------------,2003 Zoning, City Hall, 3200E Tahquitz Canyon Way,
Palm Springs, and submit written comments at,
or pool to, the Planning Commission hearing.
If any group challenges the action in court, issues
--------------------------------
=-� --- raised may be limited to only those Issues raised
at the public hearing described in this notice or in
Signature written correspondence at, or prior to the Plan-
ning Commission hearing
An opportunity will be given at said hearing for all
interested persons to be heard. Questions regqard-
ing this case mayy be directed to Jing Yap, Asso-
ciate Planner, (760)323-8245.
PLANNING COMMISSION
/a/Douglas R Evans
Director of,P1m ing and Zoning
PUB June 5, 2003
INo.4977
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
PROOF OF PUBLICATION CITY OF PALM SPRINGS
Case No. 5.0576 - SP-1A
(20I5.5.C.C.P) Canyon South Specific Plan
South of Murray Canyon Drive, north
of Assume Drive, west of the Palm
Canyon Wash, east of San Jacinto
Mountains
NOTICE IS HEREBY GIVEN that the City Council
of the City of Palm Springs, California,will hold a
gblic hearing at its meeting of July 16,2003.The
y Council meeting begins at 7:00 pp.m. in the
Council Chamber at City Hall, 3200 E. Tahquitz
Cam_mn Way, Palm Baring..
STATE OF CALIFORNIA The ppurpose of the heannq is to consider Case
Count of Riverside 6 0576, an app iicantlon by the City of Palm
y Springqs for General Plan amendments to remove
the PR, M15 and H30 designations west of South
Palm Canyon Drive and replace them with L2(Low
Density Residential 2 units/acre). In addition, so-
proxiamtely 35 acres southwest of the Canyon
Heigghis velopment will he re-designated from
L2 t0 C (Cdeonservation), and includes a density
transfer of 70 units to adjacent eastern property.
In order to accommodate the hotel and spa at the
southeast corner of South Palm Canyon Drive
and Murray Canyon Drive, the property Is pro-
)osed to a redeslgqnoted from 15 (Medium
Densty Residential 12-15 units/acre) to H30(High
Density Residential 21-30 units/acre), The entire
planning area encompasses approxlmatel 721
I am a citizen of the United States and a resident of acres located south of Murray Canyon drive,
north of Acanto Drive, west of the Palm Canyon
the County aforesaid; I am over the age of eighteen Wash, and east of the San Jacinto Mountains,
Zane W,W-R-1-B, R-1-B, W-R-1-A;R-1-A, 0i
years,and not a party to or interested in the U-R, R-2, and SP-1, portions of Section 34, 35,
above-entitled matter.I am the principal clerkof a and 36.An amendment to Specific Plan k1A will also be
tinter of the,DESERT SUN PUBLISHING considered.The revised Specific Plan will consist
p of 4 components: the gall course redesign and
COMPANY a newspaper of general circulation, clubhouse remodel, the hotel and spa location,
existing and proposed residential develop menh
printed and published in the city of Pahu Springs, and conservation/open space.The project bound-
ary will be reduced by approximately 20 acres at
County of Riverside,and which newspaper has been the northeast corner, determined to be undevel-
ad'ud adjudged a newspaper of general circulation b the opable in the Stipulated Judgment. The total
J gg Y number of units proposed for the Specific Plan is
Superior Court of the County of Riverside,State of consistent with that already occurring in the area.
California under the date of March 24,1988.Case VI0INI7YMAP
Number 191236; that the notice,of which the ,
annexed is a printed copy(set in type not smaller
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
t h
June 30 �s � -3:�rd
---------`I---------------'------------------------------ I °•��.•;.ram", ..`�
---------------------------_---------------------------------- cirycFwansFairoo
All in the year 2003 EL EL pmonm ;)„
.ro�"n a�ne�.
I certify(or declare)under penalty of perjury that the �'` A==--•�`
An Environmental Impact Report and Mitigated
foregoing is true and correct. Negative Declaration have been previously al-
ly proved by the City Council in con lune4on with the
approval of the Canyon Park resort and Spa
Dated at Palm Springs,California this---------day Specific Plan IRA. An Addendum to the certified
Environmental Impact Report has been prepared
July and will be reviewed by the City Council at the
meeting Members of the public may view this
of------------------------------------2003 document in the Department of Planning and
Zoning. City Hall, 3200 E.Tahquitz Canyon Way,
Palm Springs, and submit written comments to
the City Clerk at, or prior to, the City Council
��✓i� hearing
If any group challenges the action In court, issues
raised may he imited es only those issues raised
at the public heanng described o m this notice Cr in
Signature written correspondence at, or prior to the City
Council hearing.
An opportunity will be given at said hearing for all
interested persons to be heard questions regard-
ing this case may be directed to Jing Yea, Asso-
ciate Planner a[ND)323-8245.
PATRICIA A. SANDCDS
City Clerk
0 gFls �;
CA 92 6q �SU
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AMENDMENTS TO SPECIFIC PLAN
#1A, WHICH IS PROPOSED TO CONSIST OF 4 COMPONENTS:
THE CANYON SOUTH GOLF COURSE REDESIGN AND
CLUBHOUSE REMODEL, THE INDIAN CANYONS RESORT
HOTEL AND SPA LOCATION, EXISTING AND PROPOSED
RESIDENTIAL DEVELOPMENT, AND CONSERVATION/OPEN
SPACE; REDUCTION IN THE PROJECT BOUNDARY BY
APPROXIMATELY 20 ACRES AT THE NORTHEAST CORNER;
AND REDUCTION IN THE PROPOSED NUMBER OF UNITS FOR
THE SPECIFIC PLAN BY 37 UNITS FOR THE PLANNING AREA
ENCOMPASSING APPROXIMATELY 721 ACRES LOCATED
SOUTH OF MURRAY CANYON DRIVE, NORTH OF ACANTO
DRIVE, WEST OF THE PALM CANYON WASH, AND EAST OF
THESANJACINTO MOUNTAINS,ZONE W,W-R-1-13, R-1-B,W-R-
1-A, R-1-A, 0-20, U-R, R-2,AND SP-1, PORTIONS OF SECTIONS
34, 35, AND 36.
WHEREAS, the City of Palm Springs has initiated a request for amendments to Specific Plan#1A,
which is proposed to consist of 4 components: the Canyon South Golf Course redesign and
Clubhouse remodel, the Indian Canyons Resort Hotel and Spa location, existing and proposed
residential development, and conservation/open space; reduction in the project boundary by
approximately 20 acres at the northeast corner and reduction in the proposed number of units for
the Specific Plan by 37 units for the planning area encompassing approximately 721 acres located
south of Murray Canyon Drive, north of Acanto Drive, west of the Palm Canyon Wash, and east
of the San Jacinto Mountains, Zone W, W-R-1-B, R-1-B, W-R-1-A, R-1-A, 0-20, U-R, R-2, AND
SP-1, PORTIONS OF SECTIONS 34, 35, AND 36; and
WHEREAS, the proposed amendments are consistent with the General Plan; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider a request for amendments to the Specific Plan was issued in accordance with applicable
law; and
WHEREAS, on June 25,2003 a public hearing on the request for amendments to the Specific Plan
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
a request for amendments to the Specific Plan was issued in accordance with applicable law; and
WHEREAS, on July 16, 2003 a public hearing on the request for amendments to the Specific Plan
was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council has 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, all written
and oral testimony presented.
j3do
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act(CEQA), the City Council finds
that:
a. The proposed Specific Plan Amendments are in compliance with the Final Environmental
Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project
and was certified and adopted on July 19, 1991 and the additional Mitigated Negative
Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA,
the State CEQA Guidelines, and the City's CEQA Guidelines, The FEIR, MND, and current
EIR Addendum for Case No.5.0576-SP-1A adequately address the general environmental
setting of the proposed Project, its significant environmental impacts, and the alternatives
and mitigation measures related to each significant environmental effect for the proposed
project. The City Council has independently reviewed and considered the Specific Plan
#1A Amendments and determined that they are in conformance with the information
contained in the certified Final Environmental Impact Report and Mitigated Negative
Declarations. The City Council further finds that with the incorporation of proposed
mitigation measures,potentially significant environmental impacts resulting from this project
will be reduced to a level of insignificance and therefore recommends approval of the EIR
Addendum for this project.
The justification for not preparing a subsequent EIR is provided in the EIR Addendum. The
revised project does not involve:
• substantial changes to the project analyzed in the EIR which would involve new
significant effects on the environment or substantially increase the severity of
previously identified impacts;
• substantial changes with respect to the circumstances under which the project is
being undertaken which would involve new significant effects on the environment
not analyzed in the EIR or substantially increase the severity of previously identified
impacts; or
• new information of substantial importance which would involve new significant
effects on the environment not analyzed in the EIR or substantially increase the
severity of previously identified impacts.
The preparation of an EIR Addendum is appropriate if some additions and changes are
necessary but there are no new significant effects, no increase in the severity of impacts,
and there is no new information that was not previously analyzed. The Specific Plan
amendment would result in:
• a reduction in overall density of the Specific Plan by 37 units;
• the location of 230 single family residential units west of South Palm Canyon Drive;
• the removal of any hotel, commercial,and restaurant uses from west of South Palm
Canyon Drive; and
• a 38% reduction in the number of trips generated by the project.
All potential impacts were previously analyzed and the impacts associated with the Specific
Plan Amendment will be reduced due to the overall reductio in density, the reduction in
intensity of land uses west of South Palm Canyon Drive, and the increase in lands
designated for conservation.The existing development is consistent with the proposed and
1U ?
existing Specific Plan and therefore, conditions have not changed. The information in the
EIR and subsequent environmental assessments are consistent and the components of the
project are consistent.
Section 2: The proposed amendment to the Specific Plan text is consistent with the goals,
policies, and objectives of the General Plan and will result in conformity of the
project with the General Plan. The revisions to Specific Plan #1A will facilitate the
four components of the plan: the Canyon South Golf Course and Clubhouse, the
location of the Indian Canyons Resort Hotel, existing and future residential
development, and conservation/open space. The boundaries of the 7 planning
areas remain the same as the existing Specific Plan with the exception of Planning
Area #4, which will be reduced by approximately 20 acres in the northeast corner,
in order to comply with the terms of the Sierra Club Stipulated Judgement. All
developable boundaries will also be consistent with the terms of the Stipulated
Judgement.
The conservation component of the plan totals approximately 238 acres, an
increase of 38 acres over that previously approved. Most of the land reserved for
conservation purposes is in the western half of Section 34. There are also
approximately 35 acres of land designated for conservation located southwest of the
Canyon Heights development and 31 acres of the Palm Canyon Wash near the
eastern boundary of the Specific Plan.
Section 3: The amendments to the Specific Plan are appropriate to the area and will benefit
the subject property as well as surrounding properties due to the reduced intensity
of development west of South Palm Canyon Drive and the overall reduced density
of development by 37 units for the project area. The proposed amendments also
more appropriately reflect current ownership and development patterns in the
project area, especially with regards to the location of the hotel and individual single
family residential development.
Section 4: The amendments to the Specific Plan do not increase the previously assessed
environmental impacts in the FEIR and MND for the Canyon Park Resort and Spa.
In addition, the proposed amendments will be consistent with the General Plan
designations for the project area.
Section 5: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club
Judgement, the City Council finds that the proposed project is consistent with the
terms established in the Judgement.
The proposed Specific Plan reflects current property ownership and development
patterns. Development has followed what was approved in the master plan for the
area and therefore, will be consistent with planned land uses in the area. The
proposed amendments have been analyzed in relation to the Sierra Club and
Andreas Palms stipulated judgement, filed with the Riverside County Clerk on
August 18, 1993, and found to be consistent with the terms of the agreement. The
specific plan has been designed to comply with the terms and conditions of the
Stipulated Judgement. Based upon the proposed plan, significant additional
environmental protections are incorporated into the revised Specific Plan. They
include the relocated hotel site outside of Peninsular Bighorn Sheep(PBS) habitat,
/ *3 4 3
additional open space in PBS habitat, additional open space in the Palm Canyon
Wash, and reduction of the Specific Plan boundary by approximately 20 acres at the
northeast corner.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby
recertifies the previously certified Final Environmental Impact Report and Mitigated-Negative
Declaration for the Canyon Park Resort and Spa Specific Plan #1A, the EIR Addendum and
associated Mitigation Monitoring Program, and the amendments to Specific Plan #1A, subject to
those conditions set forth in the attached Exhibit A.
ADOPTED this day of , 2003.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: All ?L
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EXHIBIT A
Case No. 5.0576 SP-1A
Canyon South Specific Plan
South of Murray Canyon Drive, north of Acanto Drive
west of the Palm Canyon Wash, east of the San Jacinto Mountains
July 16, 2003
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 and Zoning, 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.
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 except as specifically
modified herein.
la. The Agua Caliente Development Authority and Palm Canyon, LLC 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 5.0576-SP-
1A. 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.
2. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, 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.
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3. The mitigation measures of the environmental assessment and mitigation monitoring
program as approved as conditions of approval, dated June 25, 2003, shall apply.
Mitigation measures are as follows:
a. A traffic signal shall be installed when warranted at the intersection of South Palm
Canyon Drive and Murray Canyon Drive. Project Fair Share Contribution: 66.35%.
b. A traffic signal shall be installed when warranted at the intersection of South Palm
canyon Drive and La Verne Way. Project Fair Share Contribution: 67.89%.
C. South Palm Canyon Drive, north of Murray Canyon Drive, shall be improved to
provide four through lanes. Project Fair Share Contribution: 67.89%.
d. The design of the final layout of individual site access driveways or roadways shall
be subject to review and approval by the City Engineer prior to issuance of building
permits on any site.
e. Appropriate right of way shall be dedicated with each individual project approval to
ensure the ultimate improvement of planned roadways within the Specific Plan
boundary.
f. All public streets within the Specific Plan boundary shall be designed to City of Palm
Springs standards.
g. General Plan bikeways and horse trails shall be incorporated within each applicable
project design within the Specific Plan boundary.
h. Individual project driveways or roadways on Murray Canyon Drive or South Palm
Canyon Drive shall be stop sign controlled.
i. A golf cart circulation system, in conformance with State law and City of Palm
Springs standards, shall be provided within the Specific Plan boundary.
j. The hotel operator shall operate an airport shuttle.
k. Applications for development shall be coordinated with Sunline Transit.
I. All development proposals shall demonstrate conformance with City on-site parking
standards.
M. All development proposals shall contribute TUMF fees in the amount mandated at
the time building permits are issued.
n. The hotel development shall conform to the City's Transportation Demand
Management (TDM) Ordinance, if it meets the requirements of that ordinance.
o. The existing per unit traffic mitigation fee for this project shall be revised by a traffic
engineer, subject to the approval of the City Engineer, in order to implement
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mitigation measures 1 through 3,to reflect the fair share contribution shown in each
mitigation measure.
P. Based upon the field surveys, available geologic literature and professional
engineering analyses, it has been determined that,from a geotechnical perspective,
the proposed Canyon South Specific Plan project is feasible on the subject property.
The geotechnical investigations prepared on-site and in the immediate vicinity
indicate that specific actions to mitigate geotechnical limitation of the soils,
drainage, slope instabilities and groundshaking will be required.
No geotechnical constraints have been identified, which cannot be mitigated by
proper planning, design, engineering and construction. The recommendations
provided below are preliminary and site-specific investigations and mitigation of
geotechnical constraints must be based upon design-level geotechnical
investigations and analysis. Mitigation of identified geotechnical conditions is not
expected to result in economic impacts to the project that are atypical for the site
or vicinity.
The following mitigation measures include jurisdictional standards to assure
adequate mitigation of geotechnical constraints and their reduction to insignificant
levels. They do not represent new mitigation measures from those previously
certified,exceptwhere local orstate-mandated standards(such as Uniform Building
Code requirements) have become more stringent.
Wind Erosion
1. A wind erosion control plan shall be submitted to and approved by the City
Engineer before grading permits are issued for any development proposal
within the project area.
2. Maintaining moist surface soils, application of soil binders, planting
stabilizing vegetation, and erecting temporary and permanent wind breaks,
such as sand fences and walls, shall be required to help mitigate wind
erosion. Soils shall be pre-watered prior to grading and the project
proponent shall maintain site watering activities during grading operations
and over the course of construction.
Fault Movement and Groundshakina
1. An on-site geotechnical analysis shall be prepared for each development
proposal, and shall include a deterministic and probabilistic ground motion
analysis that establishes peak horizontal ground acceleration potentials at
the site. The results of this analysis shall be applied in the seismic design
of structures and other critical facilities.
2. All structural design shall be in accordance with on-site soils and ground
motion analyses, the most recent edition of the Uniform Building Code,
including California amendments, and the seismic design parameters of the
Structural Engineer's Association of California.
3. Additional geotechnical study and analysis shall be conducted on the
proposed hotel site located at the southeast corner of South Palm Canyon
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Drive and the Murray Canyon Drive. Said additional study shall be
conducted in accordance with the Final EIR geotechnical study and
prevailing geotechnical engineering standards.
4. The geotechnical study prepared for the Final EIR did not include
subsurface investigation or laboratory testing of soils, with the exception of
bulk sampling.Therefore,additional site specific geotechnical investigations
will be necessary in order to make final recommendations regarding site
preparation, grading, foundation design, etc., to assure an adequate level
of mitigation of the limitations of on-site soils and the effects of differential
settlements resulting from identified groundshaking potential. All
geotechnical analysis shall be completed prior to the approval of building
permits for individual development proposals.
5. Engineered slopes shall be designed to resist seismically induced failure.
Slope design should be based on pseudo-static stability analyses using soil
engineering parameters established in additional detailed geotechnical
investigations, including subsurface investigation and laboratory testing.
Testing parameters shall conform to anticipated groundshaking potential at
the site.
Other Geotechnical Mitigation Measures
1. During site grading operations all existing vegetation and debris shall be
removed from areas that are to receive compacted fill. Man-made objects
shall be overexcavated and exported from the site.Any trees to be removed
shall have a minimum of 95% of the root systems extracted. Removal of
unsuitable materials may require excavation to depths ranging from 2 to 4
feet or more below existing site grade.
2. All fill soil, whether natural on site or imported, shall be approved by the
project soils engineer prior to placement as compacted fill. All fill soil shall
be free from vegetation, organic material, and cobbles and boulders greater
than 6 inches maximum diameter, and other debris. Approved fill soil shall
be placed in horizontal lifts of appropriate thickness as prescribed by the
soils engineer and watered or aerated as necessary to obtain near-optimum
moisture content.
3. Fill materials shall be completely and uniformly compacted to not less that
90% of the laboratory maximum density as determined by ASTM test
method D-1557-78. The project soils engineer shall observe the placement
of fill and shall take sufficient tests to verify moisture content, and uniformity
and degree of compaction obtained. In-place soil density should be
determined by the sand-cone method, in accordance with ASTM Test
Method D-1556-64 (74), or equivalent test method acceptable to the City
Building Department.
4. Finish cut slopes shall not be inclined steeper than 2:1 (horizontal to
vertical). Attempts to excavate near vertical temporary cuts for retaining
walls or utility installations in excess of 5 feet may in some areas result in
gross failure of the cut and possible damage to equipment and injury to
workers. All cut slopes must be inspected during grading to provide
additional recommendations for safe construction.
5. Foundation systems utilizing ,continuous and spread footings are
recommended for the support of one-and two-story structures. Foundations
for higher structures must be evaluated based on design of each structure
and on-site soil conditions.The hotel building may require deep foundations
to provide adequate load carrying capacity.
6. An adequate sub-drain system shall be constructed behind and at the base
of all retaining walls to allow adequate drainage and to prevent build-up of
excessive hydrostatic pressures.
7. Positive site drainage shall be established during finish grading, and shall
include a minimum positive gradient of 2% away from structures for a
minimum distance of three (3) feet, and a minimum gradient of 1% to the
street or other approved drainage course.
8. All roof and canopy drainage shall be conducted to the street, off the site or
to on-site retention facilities in an approved non-erosive manner. Drainage
of development sites shall be accomplished in an approved manner to
prevent erosion or instability. Water from off-site sources shall not be
allowed to discharge onto development sites,orshould be conducted across
the area in a non-erosive manner.
9. Utility trench excavations in slope areas or within the zone of influence of
structures shall be properly backfilled in accordance with the following
recommendations or as directed by the project geological engineer:
a) Pipes shall be bedded with a minimum of 6 inches of pea gravel or
approved granular soil. Similar material shall be used to provide a
cover of least 1 foot over the pipe. This backfill shall then be
uniformly compacted by mechanical means or jetted to a firm and
unyielding condition.
b) Remaining backfill may be fine-grained soil. It shall be placed in lifts
not exceeding 6 inches in thickness or as determined appropriate,
watered or aerated to near optimum moisture content, and
mechanically compacted to a minimum of 90% of the laboratory
maximum density.
c) Pipes in trenches within 5 feet of the top of slopes or on the face of
slopes shall be bedded and backfilled with pea gravel or approved
granular soils as described above. The remainder of the trench
backfill shall comprise typical on-sitefill soil mechanically compacted
as described in the previous paragraph.
q. Alternative 3B impacts are clearly set forth in the Final EIR. It sets forth provisions
for a variety of implementation measures, which have been determined adequate
to reduce potential adverse impacts to levels that are less than significant. These
include least disruptive design approaches, contouring and re-naturalizing of
disturbed surfaces with rock and vegetation,and careful consideration of viewsheds
affected by flood control improvements.
Subsequent study and design provided in the April 2001 Master Drainage Plan and
October 2001 Addendum further analysed 3-, 6-and 24-hour storms for the subject
drainages and included a consensus bulking factor to account for sediment
transport. Facilities proposed to mitigate the threat from 100-year storm flows and
to provide for storage/detention and conveyance of tributary and on-site runoff are
described in detail in Section IV.2 of the Master Drainage Plan (see Appendices in
this document). The following summarizes the facilities necessary to mitigate
hydrology impacts.
1. Acanto Drive Storm Drain: Construct an underground storm drain in Acanto
Drive to collect the tributary 1 00-yearflows from the Andreas Canyon alluvial
cone. The subject storm drain shall provide inlets to pick up flows and will
also provide stub outs for later connections.
2. Arenas North Channel: Maintain the Arenas North Channel along the
northerly limit of the Ganz Parcel and construct a larger box culvert at the
channel's easterly terminus at South Palm Canyon Drive and into the
Canyon South Golf Course.
Construct a sedimentation/desilting basin at the west end of the channel,
approximately 1,900 feet west of South palm Canyon Drive, in conformance
with the Master Drainage Plan. Detailed engineering plans shall be
approved by the Riverside County Flood Control District and the City
Engineer prior to construction.
3. Arenas South Channel: This channel flows easterly across the steep(-7%)
alluvial cone at the mouth of Andreas Canyon, thereby enhancing flow
transport of sediment. Flows will be trained into a rock-lined channel within
a minimum 110-foot right-of-way and designed to resist high velocities and
erosive forces. Improvements also include the raising of the South Palm
Canyon Drive roadbed and the construction of a bridge over the Arenas
South Channel,which will convey stormwater and sediment into the Canyon
South golf course at an outlet to be located at the northeast corner of South
Palm Canyon Drive and Bogert Trail. Detailed engineering plans shall be
approved by the Riverside County Flood Control District and the City
Engineer prior to construction.
4. Dry Canyon Desilting Basin & Channel: The April 2001 Master Drainage
Plan outlined three alternative plans to address Dry Canyon Wash flows and
associated sediment loads. Each involves the construction of a desilting
basin at the northwest corner of Acanto and South Palm Canyon Drive, and
has a relationship to both the Acanto Drive and Arenas Lateral facilities.
Each alternative will require raising the Acanto Drive roadbed at its
intersection with South Palm Canyon Drive by two to three feet to
accommodate underground culverts associated with these alternatives.
Each alternative has been determined adequate to provide protection from
100-year storm peak flows and are briefly described below.
Alternative No. 1:This alternative combines the flows from the Acanto Drive
Storm Drain and the Dry Canyon Desilting Basin and conveys these to the
Dry Canyon Channel via an underground box culvert. The Dry Canyon
Channel would be located on the east side of South Palm Canyon Drive and
would require additional right-of-way from the Stich (TM No. 30050) Parcel.
Alternative No. 2: Similar to Alternative No. 1, No. 2 would place the Dry
Canyon Channel on the west side of South palm Canyon Drive and would
intercept tributary from south of the Arenas South Channel.Combined flows
will be discharged into an underground box culvert and discharged into the
existing basin located at the northeast corner of South Palm Canyon Drive
and Bogert Trail.
Alternative No. 3: This alternative also conveys desilted flows from the dry
Canyon basin along the west side of South Palm Canyon Drive, picking up
upstream tributary flows but not combining flows with those from the Acanta
Drive Channel, which would be conveyed north in an earthen channel or
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underground pipe (see Exhibits 7B & 7C in the 2001 Master Drainage Plan
in the appendices).
5. Dry Canyon Channel Alternative(Preferred):As discussed above and in the
October 2001 Addendum to the project Master Drainage Plan, this
alternative was developed and analysed to defer or preclude the need to
construct the Dry Canyon Desilting Basin heretofore planned for
construction at the northwest corner of South Palm Canyon Drive and
Acanto Drive. This is proposed as the preferred alternative to manage the
Dry Canyon drainage. In this alternative, all storm flows and sediment from
Dry Canyon, which reaches the intersection of South Palm Canyon Drive
and Acanto Drive, will be fully transported in a trapezoid channel and under
Bogert Trail in a box culvert to discharge in the existing basin at the
northeast corner of South Palm Canyon Drive and Bogert Trail. This
alternative will allow the development of the Palm Canyon LLC (TM No.
30050 and 30046,formerly referred to as the Stich and Needleman parcels,
respectively) without the construction of the Dry Canyon Desilting Basin
outlined in the original April 2001 Master Drainage Plan.
6. Arenas Lateral: This proposed facility will consist of a trapezoid earth
channel to be located along the west side of South palm Canyon Drive and
extending approximately 700 feet south from the proposed Arenas South
Channel. The purpose of this channel is to intercept westerly flows south of
the Arenas South Channel and covey these flows into this channel. This
facility would only be needed and built in conjunction with Dry Canyon
Channel Alternative 1.
7. Ancillary Flood Protection: The April 2001 Master Drainage Plan and
October 2001 Addendum set forth a variety of ancillary measures that must
be taken to assure that all flood control facilities will function as designed.
These ancillary improvements are set forth in detail in the referenced
drainage plans,and include extensive bank erosion protection,development
of training levees, phased construction and expansion of new and existing
sediment basins, and the appropriate provision of all-weather access to
developments within the planning area.
r. Prior to the issuance of grading permits and during the life of the project the
applicant shall prepare and update as necessary, a Lake Management Plan to
ensure that the lakes prepared do not create a nuisance related to odors and insect
vectors. The content of this plan shall equal or exceed those described under the
heading Lake Management Plan, the impacts section above and these plans shall
be implemented.
S. Any pesticide application shall be administered by a trained pest control operator
under the direct supervision of a Qualified Pesticide Applicator License (QAL) or
Qualified Pesticide Applicator Certificate (QAC).
t. Only slow release or controlled release fertilizers should be used.The nutrient value
of the reclaimed water shall be part of the decision process.
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U. Best management practices, (BMP's), which shall be utilized to help mitigate
potential ground water contamination from pesticides and fertilizers include the
following:
For pesticide products on common and other general landscaping and turf areas:
1. Applications shall be spot treatments and not broadcast application.
2. Pre-emergent products which are nearly insoluble such as Ronstar and
Surflan shall be used for ground cover and shrub beds.
3. Dachtal, a herbicide, shall not be used at the project because of its mobility
in sandy soils and potential for leaching to underlying aquifers.
4. Insecticide application to turf areas shall primarily consist of Dursban,which
is not readily transportable. At least two days shall be allowed after
application of insecticides, before irrigating the affected area.
5. After treatment with 2, 4-D; 2, 4-DP; and dicamba for control of broadleaf
weeds, the area shall not be irrigated for a period of 48 hours.
6. Only light, frequent irrigations shall follow Daconil, a fungicide, applicant to
greens and tees in order to prevent leaching of this product below the root
zone.
7. Applications of pest management products shall be recommended by a
licensed Pest Control Advisor (PCA), and applied by or under the direct
supervision of a Qualified Applicator, (CAL).
For fertilizer products, the BMP's that shall be employed at the site are as follows:
1. The use of slow-release nitrogen sources such as Milorganite and
ureaformaldehyde,shall be a priority,while the fast-release sources shall be
avoided as much as practical.
2. Rates greater than 0.25 pounds of actual nitrogen per 1,000 square feet
(10.9 lbs./A), using fast release sources of nitrogen shall be avoided.
3. The nutrient value of reclaimed water shall be calculated before fertilizer
application rates are computed.
4. Soil tests shall be conducted three times per year on greens and tees and
once or twice per year on other turf areas to determine nitrogen
requirements.
V. The applicant shall comply with all requirements for NPDES and Regional Water
Quality Control permitting, including stormwater quality controls.
W. There shall be an emphasis on plant species native to the immediate region in the
sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within
residential yards, non-desert, non-invasive exotic plants may be utilized as
ornamental landscaping. Two invasive species, tamarisk and fountain grass, shall
be prohibited in the Specific Plan area. The proposed plan and landscaping palette
for this area shall be subject to the review of the Director of the Department of
Planning and Zoning or the Planning Commission and a qualified biologist who is
acceptable to the City.
X. Pre-construction tortoise surveys shall be required for any project north of Bogert
Trail and west of Goldenrod Lane. The surveys shall occur no more than 36 hours
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prior to the initiation of any ground disturbing activity in the area. Should desert
tortoise be identified, the project proponent shall secure permits from the California
Department of Fish and Game and/or the U. S. Fish and Wildlife Service, as
required.
Y. No wells associated with this project may be constructed at an elevation greater
than the Henderson Palms oasis. No water diversion may be placed anywhere
above the Henderson palms oasis within the canyon that the oasis is located in, or
within one hundred yards of the palm oasis. No formal foot or horse trails shall be
allowed within 100 yards of the palm oasis and signs shall indicate that no access
to this area by people is allowed.
Z. All outdoor lighting constructed on the project site shall be directed at the ground
to prevent unnatural lighting from interfering with the activity of nocturnal animals
that live in the surrounding natural areas.
aa. The project shall do nothing to facilitate human entry into Arenas Canyon. This
canyon still provides an important watering site for the Peninsular Bighorn Sheep.
Trails, entry points or signs that encourage human entry into this canyon will further
stress this species.
bb. The lakes proposed as a part of the golf course shall where possible be allowed to
support aquatic vegetation to provide food and shelter for wildlife. Mosquito fish
shall be introduced into and maintain in the proposed lakes to control mosquitoes
and to provide food for wildlife.
cc. The project proponent(s)for any project requiring alteration of a stream or water of
the United States shall secure 404 and 1603 permits from the U,S. Army Corps of
Engineers and the California Department of Fish and Game, respectively, and 401
water quality certification from the Regional Water Quality Control Board, if required
by law.
dd. Project proponents within the Specific Plan boundary shall be required to construct
a fence in the future, if it can be demonstrated to the City Council that direct impacts
to bighorn sheep are caused by any component of the projects proposed within the
Specific Plan boundary. Ten verified sheep sightings in a given 12 month period will
cause the initiation of a site specific utilization study. The fence design, if required,
shall be submitted to the City and any other responsible agency for review and
approval prior to construction. The fence will be constructed within 12 months of
notification by the City.
ee. Monte Soreno Parcel
1. All construction activity will be confined to the project site with the exception
of the temporary and permanent disturbance along the western side of the
wash (see Exhibit 2 of "Biological Constraints Letter Report for the Monte
Sereno Development Project," by Thomas J. McGill, Ph.D., Michael
Brandman Associates, December 2002).
2. The limits of the temporary disturbance zone will be cordoned off to preclude
vehicular access easterly into the remaining wash area.
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3. Construction activity shall stop before dusk each day to avoid attracting
dispersing Casey's June Beetle males during the flight season (April 1
through May 31).
4. Access to the construction site will come from Bogert Trail and will remain
outside the wash.
5. Controlling dust by spraying water will be permissible outside the flight
season and only within the designated construction zone.
6. The project proponent shall secure 4.06 acres of comparable desert wash
habitat off-site as mitigation for temporary and permanent impacts to such
habitat on-site.
7. A six foot wall or fence, meeting City standards, shall be constructed along
the eastern property line of the project site.
ff. Properties West of South Palm Canyon Drive
1. Project proponent(s)forany development,proposal south of Canyon Heights
shall tag, remove, hold in storage and then replant within the development
all large healthy cactus disturbed by the proposed development, particularly
on the proposed earthern dam, basin (areas from from flooding) and other
transition areas. Large healthy cactus are: Calico Cactus—anything over 8"
is considered large; Barrel Cactus— anything over 8"; mammillaria Cactus
—anything over two inches; Beavertail Cactus—anything over 8"; Jumping
Cholla—anything over 18"; Golden Cholla—anything over 16"; Pencil Cholla
— anything over 14". Removal activities shall be supervised by a qualified
horticulturalist approved by the City.
2. If rock blasting is necessary, it shall be done between July 1 and December
31 to avoid causing complications for bighorn sheep and to ensure they
continue to use water from the canyon.
3. Residential development west of South Palm Canyon Drive shall be
separated from hillsides with a six foot block wall to prevent stray pets from
entering bighorn habitat and stressing sheep.
4. Project proponent(s)for projects located west of South Palm Canyon Drive
shall prepare CC&R's which prohibit domestic dogs and cats in all
residential areas to prevent cats from roaming into natural areas adjacent
the development and preying upon small native animal species and to
preventing barking dogs from stressing bighorn sheep.
5. In conjunction with any approval on lands in Planning Area 2 subject to
density transfer, the 20 acre site previously identified, at the western
boundary of the Plan area, and the 35 acre parcel from which density shall
be transferred, shall be deeded to the City as permanent, irrevocable open
space.
gg. A native American Monitor shall be present during all ground disturbing activities
within the Plan boundary. Should any buried deposits be encountered, the Monitor
shall have the authority to halt destructive construction and notify a qualified
archaeologist to investigate, and if necessary prepare a mitigation plan for
submission to the State Historic Preservation Officer and the Agua Caliente Cultural
Resource Coordinator for approval.
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hh. Should cultural resources be encountered during site construction in any portion of
the site, work shall immediately cease and a qualified archaeologist shall be
contacted to evaluate the significance of the materials. Any significant findings shall
be documented and presented to the State Historic Preservation Office (SHPO),
BIA, the Tribe and the City, and resolved to their satisfaction.
ii. The intact terraces shall be preserved as an example of a significant and unique
historical feature.
jj. Where possible, the aboriginal trail system shall be incorporated into the project
design. Final determination of how aboriginal trails are to be preserved or
recognized will be developed in cooperation with the Agua Caliente Band of Cahuilla
Indians Tribal Council.
kk. SCAQMD Rule 403 shall be adhered to, insuring the clean up on the construction-
related dirt on approach routes to the site (sic).
II. Adequate watering techniques shall be employed to partially mitigate the impact of
construction-generated dust particulates. Portions of the project site that are
undergoing earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the end of the day. (AQMP
Control Measure F-4 Control of Fugitive Emissions from Construction of Roads and
Buildings [PM]).
mm. The wheels and lower portions of transport trucks will be sprayed with water before
they leave the construction area. (AQMP Control Measure F-4 [PM]).
nn. Any vegetative ground cover to be utilized on-site shall be planted as soon as
possible to reduce the amount of open space subject to wind erosion. Irrigation
systems needed to water these plants shall be installed as soon as possible to
maintain the ground cover and minimize blowsand.
oo. Grading operations shall not be conducted when winds exceed 25 mph. (AQMP
Control Measure F-4).
pp. Any construction equipment using diesel drive internal combustion engines shall
use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard.
qq. Any earth transported off-site shall be covered before the transport trucks leave the
project construction area.
rr. Grading and development permits shall be reviewed and conditioned to require the
provision of all reasonably available methods and technologies to assure the
minimal emissions of pollutants from the development.The Department of Planning
and Zoning and Building Departments shall review grading plan applications to
ensure compliance with the mitigation measures set forth in the EIR and as
otherwise conditioned by the City.
ss. The City shall coordinate with project developers to encourage the phasing and
staging of development to assure the lowest construction-related pollutant emission
levels practical. As part of the City's Grading Permit process, the applicant shall
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concurrently submit a dust control plan consistent with the City's Air Quality
Management Plan. Mitigation measures to be implemented through this plan include
but are not limited to the use of water trucks and temporary irrigation systems, post-
grading soil stabilization, phased roadway paving, as well as other measures which
will effectively limit fugitive dust emissions resulting from construction or other site
disturbance.
tt. The City and project developers shall encourage effective design and
implementation of transportation management programs for commercial employees,
which may include coordinated carpooling, off-peak shift times, employee flex time
and other components.
uu. Project developers shall consult and coordinate with the Sunline Transit Agency
regarding the most optimal and safest location and design of on-site bus stops and
turnouts.
vv. The developer shall implement Coachella Valley Best Available Control Measures
(CV BACM). The CV BACM will expand the SIP-approved BACM listed in Chapter
6 of the SCAQMD Rule 403 Implementation Handbook, to include the measures
required by CV BCM-1 (including work practice requirements). The CV BACM is
being modeled on the Best Management Practices for Dust Control Handbook(e.g.
required control actions based on specific activities, site conditions, etc.), but
modified based on local Coachella Valley conditions.
ww. Dust control plans shall be required prior to issuance of grading permits for each
project proposed within the Specific Plan boundary. The plan shall include all
required elements described in the adopted Coachella Valley Dust Control
Handbook.
xx. The site-specific dust mitigation plan to be prepared for project grading and other
construction activities shall be forwarded by the City to SCAQMD after local
approval. SCAQMD staff will compile this information for compliance purposes but
will not require a separate approval.
yy. Prior to commencement of grubbing, grading or any other site disturbing
construction activities, each project developer shall notify the City and SCAQMD at
least 24-hours prior to initiating earth-movement activities.
zz. Each project developer shall notify the City and the SCAQMD within 10 days of
project completion.
aaa. Construction site signage shall be required for each project within the Specific Plan
boundary.Signage information thatshould be provided should at minimum include
the project name, permittee name, phone number of person(s) responsible for dust
control, local jurisdiction phone number, SCAQMD phone number, dust control
permit(plan)number,and project acreage. Construction signage shall conform with
requirements set forth by the City and/or SCAQMD.
bbb. A dust control monitor(responsible person)shall be required during operations that
involve actively disturbed soils on 50 acres or more. Monitor(s) must be hired by the
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property owner or developer, have dust control as primary responsibility, and have
the authority to initiate or implement project dust control measures.
ccc. Earth-moving operations at the site shall require pre-grading watering and the on-
going application of water via irrigation systems and/or water truck to assure
appropriate soil moisture and preclude significant dust generation
ddd. Short-term stabilization (maintaining soils in a damp condition, surface crust, or
chemical stabilizer diluted to not less than 1120 of the concentration required to
maintain a stabilized surface for a period of six months)shall be required for after-
hours and weekends.
eee. Long-term stabilization techniques shall be required within 10 days for areas where
construction activities are not scheduled for 30 days.
fff. To minimize construction equipment emissions,the developer and contractors shall
implement the following:
• wash off trucks leaving the site
• require trucks to maintain two-feet of freeboard
• properly tune and maintain construction equipment
• use low sulfur fuel for construction equipment
ggg. To reduce construction-related traffic congestion, the developer and contractors
shall implement the following:
• encourage rideshare incentives for construction personnel
• configure construction parking to minimize traffic interference
• minimize obstruction of through-traffic lanes
• provide a flag person to ensure safety at construction sites, as necessary
• schedule operations affecting roadways for off-peak hours, as practical
hhh. To minimize indirect-source emissions, the developer may also:
• implement energy conservation measures beyond state and local
requirements
• install low-polluting and high-efficiency appliances
• install solar water heaters, to the greatest extent feasible
• install energy-efficient street, landscape and parking lot lighting
• include energy costs and design efficiency into capital expenditure analyses
• landscape with native and other appropriate drought-resistant species to
reduce water consumption and to provide passive solar benefits
iii. To minimize building energy requirements, the developer shall implement the
following:
• assure the thermal integrity of buildings and, as appropriate, reduce the
thermal load with automated time clock or occupant sensors
• use efficient window glazing, wall insulation and ventilation methods
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• use most efficient heating and other appliances, such as water heaters
cooking equipment, refrigerators, furnaces and boiler units
• incorporate appropriate passive solar design and solar heaters
• use devices that minimize the combustion of fossil fuels
• capture waste heat and re-employ this heat, to the greatest extent feasible
To reduce PM10 emissions, the developer may implement the following:
• chemically treat soil at construction sites where activity will cease for at least
four consecutive days
• pave construction access roads as they are developed; extend paving at
least 120 feet
• from roadway into construction site and clean roadways at the end of each
working day
• restore vegetative ground cover as soon as construction activities have
been completed
• trucks that haul dirt, sand or soil shall be covered or shall maintain at least
24 inches of freeboard, or both
• construction sites shall be watered to reduce fugitive dust
• chemically treat unpaved roads that carry 20 vehicle trips per day or more
• chemically stabilize soil surfaces within 100 feet of roadways or establish
sand fences within 50 feet of roadways
• plant tree windbreaks utilizing non-invasive species on the windward
perimeter of construction projects, where feasible
• all construction grading operations and earth moving operations shall cease
when winds exceed 30 miles per hour
kkk. All construction activity shall be restricted to weekdays, during the daytime hours
of 7:00 a.m. to 8:00 p.m., as specified by the Palm Sprigs Noise Ordinance, to
reduce noise impacts during more sensitive periods. The Construction Site
Regulations also identify specific limits on hours of operation for construction
equipment as not between 5:00 PM to 8:00 PM with the restriction that if the noise
produced is of such intensity of quality that it disturbs the peace and quiet of an
other person of normal sensitivity, excluding federal holidays.Only emergencywork
shall be allowed to occur outside these hours.
III. All construction equipment shall be provided with functional and well-maintained
mufflers to limit noise emissions.
mmm. Grading and construction activity in the western and eastern portion of the project
area shall be carried out in accordance with the requirements of the U.S. Fish and
Wildlife Service and the California Department of Fish and Game.
nnn. The design, selection and placement of mechanical equipment for residences and
other buildings within the planning area shall include consideration of the potential
noise impact on nearby structures, both within the development and in the
surrounding community. Both roof-mounted and pad-mounted equipment shall be
screened by effective noise barriers such as parapet walls, block walls or similar,
effective acoustical barriers with a minimal mass of 3.5 pounds per square foot of
surface area.
000. Appropriate sound attenuation measures, such as silencers and/or barriers, shall
be provided where necessary on outdoor equipment, including but not limited to
cooling towers, air cooled condensers, refrigeration compressors/condenser units,
and air intake and discharge openings for building ventilation systems.
ppp. Appropriate sound barriers shall be provided surrounding any and all public facilities
capable of generating disturbing levels of noise, including water pumping stations.
qqq. Events at the hotel which include music on the grounds shall be conducted in
accordance with the City's noise ordinance.
rrr. Loud speakers used on the grounds of the hotel site shall comply with the City
Noise Ordinance.
sss. The pool area and outdoor terraces on the south side of the hotel building shall be
sited at least three (3) feet below the top of dike elevation, in order to attenuate
noise impacts. Should a design be proposed which does not provide for a lower
pool and terrace area, the project proponent shall be required to demonstrate
equivalent or greater noise attenuation for the proposed design.
ttt. Acceptable truck/construction equipment routes shall be designated to limit impacts
to adjacent properties.
uuu. Site planning, building orientation and building specifications shall be carefully
considered to provide shielding of outdoor living spaces from potentially significant
stationary or mobile noise sources.
Vvv. Effective acoustical materials shall be incorporated into building walls and windows,
boundary walls, pool equipment and A/C equipment walls and other acoustical
barriers to adequately reduce outdoor noise impacts on the noise environment.
www. The developer may utilize natural noise barriers such as existing terrain,
manufactured berms, boulders and dense vegetation to mitigate potential noise
impacts.
xxx. The use of proper building setbacks shall be required in accordance with the City
of Palm Springs Zoning Ordinance.
yyy. Project design shall include and meet State Code requirements for unit-to-unit
airborne sound isolation, both laterally and vertically, and for vertical impact sound
isolation in any multi-family residential construction.
zzz. Proposed residential lots adjacent to South Palm Canyon Drive should be evaluated
by a qualified noise consultant at more detailed levels of planning to ensure that
adequate noise attenuation strategies are incorporated to meet the Palm Springs
noise standard of 65 CNEL in outside living areas and 45 dBA in interior living
areas, prior to issuance of building permits.
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aaaa. Building designs, architecture and materials used in the development shall conform
with the project Design and Signage Guidelines, as reviewed and amended by the
City.
bbbb. Landscaping plans and materials applied to development area boundaries shall
serve to create a harmonious transition and living complement to the built
environment. Native and appropriate non-invasive non-natives shall, to the greatest
extent practical, be applied in a manner that emulates the natural vegetation
pattern. Boulders and walls should also be considered to lend rhythm and massing
and to help smooth the landscaped edge.
cccc. The natural vegetation of the site shall be preserved in open space areas.
Necessary grading or other disturbance in naturally vegetated areas shall be
revegetated with native plan species.
dddd. Boundary walls, visual screens and fences shall be constructed so as to blend with
surrounding areas. Construction materials may include stone and stucco, wrought
iron and steel fencing, and other appropriate materials which quickly acquire a
patina or are painted, stained or coated to blend and harmonize with the
surrounding environment.
eeee. The existing concrete embankment linings of the Palm Canyon Channel adjacent
to the project site shall be stained to match native soil by project proponents
developing adjacent property, if permission can be obtained from RCFC&WCD.
ffff. Channels to be constructed as part of the flood control improvements within the
Specific Plan boundary shall be unlined or lined with rip-rap wherever possible,
subject to the approval of the RCFC&WCD.
gggg. All flood control improvements within the boundary of the Specific Plan shall include
landscaping plans which minimize the potential impacts associated with the
construction of these facilities to local viewsheds.
hhhh. All outdoor lighting shall be in compliance with the City lighting ordinance. Other
lighting recommendations include:
1. Outdoor lighting shall be limited to the minimum height, number and
intensity of fixtures needed to provide security and identification, taking
every reasonable effort to preserve the community's night skies.
2. Lighting fixtures shall be of appropriate scale, style and character of the
architecture. No lighting which incorporates flashing, pulsing or is otherwise
animates shall be permitted.
3. Elevated lighting, including but not limited to parking lot lighting, shall be full-
cutoff fixtures. Drop or sag lens fixtures shall not be permitted.
iiii. Site grading and finished pad elevations shall substantially conform to those
submitted by the applicant as part of this development review and analysis. Every
effort should be made to keep pad elevations to the minimum necessary to meet
design goals, while being responsive to the need to minimize building profiles.
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jjjj. All development plans, including grading and site plans,detailed building elevations
and landscape plans shall be submitted to the City for review and approval prior to
the issuance of building permits.
kkkk. Each development shall provide adequately and appropriately screened outdoor
storage/loading and other service areas, protected and enhanced outdoor seating
areas, as necessary, and appropriate levels of lighting, limited signage, and the
thoughtful use of landscaping that preserves and enhances visual resources.
MI. All project signage shall be in compliance with the City sign ordinance or in the
approved Design and Signage Guidelines. Signage shall be limited to the minimum
size, scale and number needed to provide functional identification and exposure
necessary to convey messages, while minimizing impacts on traffic safety,
streetscape, scenic viewsheds and the aesthetic character of the development.
mmmm. Domestic Water
1. Project applicants shall provide all on-site water system improvements
required to meet water supply need for the proposed project as it occurs.
2. All appliances such as showerheads, lavatoryfaucets and sink faucets shall
comply with efficiency standards set for in 24 of the California Administration
Code.
3. All facilities shall provide low flush toilets and urinals as required in California
State Health and Safety Code Section 17921.3.
4. All pipes used for steam and steam-condensate return and for recirculating
hot water piping in attics, garages, crawl spaces or unheated spaces other
than between floors or in interior walls shall be insulated in compliance with
Title 24 of the California Administrative Code. Water heating systems shall
also be insulated.
5. Irrigation shall be properly designed, installed, operated and maintained to
prevent the waste of water. Drip irrigation and other water application
techniques which conserve water such as soil moisture sensors and
automatic irrigation systems shall be incorporated into the project landscape
plans.
& Landscaping shall emphasize drought-tolerant vegetation. Plants of similar
water use shall be grouped to reduce over-irrigation of low-water-using
plants. Those areas not designed in xeriscape shall be gauged to receive
irrigation using minimal requirements. Residential occupants shall be
informed as to the benefits of low-water-using landscaping and sources of
additional assistance.
7. Tertiary treated wastewater shall be used as irrigation for common area
landscaping, the golf course and those man-made lakes and ponds not
intended for human water recreation, if made available to the site by DWA.
8. The use of reclaimed water shall meet all requirements set forth in the
California Administrative Code, Title 22, and the Guidelines of the State of
California Department of Health Services.
9. Copies of reclaimed water and potable water piping shall bekept in the office
of the City Engineer.
nnnn. Wastewater Services
1. Project applicants shall provide all on-site wastewater system improvements
required to meet wastewater supply need for the proposed project as it
occurs.
2. Individual project applicants shall pay sewer connection fees required to
provide sewage collection and disposal to the project site. In addition,
individual project applicants shall paya sewerconnection fee of$146.19 per
residential unit for construction cost of a 15"sewer main at Granada Avenue
and La Verne Way,
3. Individual project applicants shall establish a mechanism for on-site
maintenance of sewer lines. As appropriate, covenants, conditions and
restrictions (CC&Rs) shall identify responsibilities, a maintenance district
shall be established or a maintenance contract shall be signed with a private
firm.
0000. Solid Waste
1. All projects within the Specific Plan boundary shall comply with the
provisions of AB 939, as implemented by Palm Springs Disposal Services.
2. Individual project proponents shall incorporate collection/storage facilities for
recyclables in all hotel, spa and sports facility designs and shall require
residential builders to install a cabinet for recyclables in each residential
dwelling unit.
3. Recycled products shall be used in the construction of all structures within
the Specific Plan boundary to the extent possible.
4. Green waste shall be recycled through a waste disposal hauler to the extent
possible.
5. Individual project applicants for residential projects shall require builders to
provide a storage bin in the yard of each single family residence for green
waste.
6. Any storage of hazardous materials within the Specific Plan boundary shall
conform to all State, regional and local regulations for such materials.
7. New residents shall be provided information on household hazardous
wastes, and programs available for their safe disposal.
8. Removal of hazardous materials from the project site shall be conducted by
a registered waste hauler in accordance with all applicable rules and
regulations.
9. All hazardous materials used in association with the resort hotel and spa
shall be stored in a specific location and clearly marked as to contents.
pppp. Electricity
1. Individual project applicants shall be responsible for paying all fees
associated with project-related connections and any required relocation of
existing facilities.
2. The project shall complywith at least the minimum requirements of Title 24,
and to the extent feasible, shall seek to exceed such requirements and use
state-of-the-art energy-conscious design practices that achieve energy
efficiency and use of on-site energy sources.
3. Individual project applicants shall submit an Energy Conservation Plan tothe
City, to include the following elements:
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a) Measures to meet Title 24 requirements;
b) Additional measures, including but not limited to, building placement
and orientation, architectural features, open spaces, landscaping,
mechanical, and operation measures; and
c) Estimates (percent) of energy reduction to be realized.
4. Ensure that buildings are well-sealed to prevent outside air from infiltrating
and increasing interior space conditioning loads. Design building entrances
with vestibules to restrict infiltration of unconditioned air and exfiltration of
conditioned air.
5. Finish exterior walls with light-colored materials with high emissivity
characteristics to reduce cooling loads. Finish interior walls with light-colored
materials to reflect more light and thus increase lighting efficiency.
6. Design window systems or use other means to reduce thermal gain and loss
and thus cooling loads during warm weather and heating loads during cool
weather.
7. Use skylights where possible to provide light to interior spaces.
8. Install high-efficiency lamps for all street and parking lot lighting to reduce
electricity consumption.
9. Install fluorescent and high-intensity-discharge(HID)lamps, which give the
highest light output per watt of electricity consumed, wherever possible
(non-residential areas only).
10. Control mechanical systems in the buildings with time clocks to prevent
accidental or inappropriate conditioning or lighting of unoccupied space.
Computer control the HVAC systems for maximum efficiency (non-
residential areas only).
11. Recycle lighting system heatforspace during cool weather. Exhaust lighting
system heat from the buildings via ceiling plenums to reduce cooling loads
in warm weather (non-residential areas only).
12. Install low- and medium-static pressure terminal units and ductwork to
reduce energy consumption by air distribution systems (non-residential
areas only).
13. Cascade ventilation air from high-priority areas to low-priority areas before
being exhausted, thereby decreasing the colume of ventilation air required.
14. Individual project proponents shall construct facilities which generate
alternative energy at the discretion of the City.
gggq. Natural Gas
1. The proposed project shall comply with the energy conservation
requirements as set forth in Title 24 of the California Administrative Code.
In addition, Gas Company representatives should be contacted during the
final design phase of any project to discuss the implementation of these
programs.
rrrr. Police Protection
1. As part of the development review process for any project within the Specific
Plan area, the Palm Springs Police Department shall participate and make
recommendations to ensure that the design of the proposed development
will mitigate any impacts on law enforcement arising from project design.
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ssss. Fire Protection Services
1. Project applicants shall continue to work with the City Manager's office, the
Fire Department and the Agua Caliente Band of Cahuilla Indians in
evaluating the feasibility of a fire station or emergency medical dispatch
facility in or near the Specific Plan area. The cost of such a facility shall be
distributed evenly among all projects not currently within the 5 minute
response time for Fire Station #4.
2. Automatic fire sprinkler systems shall be installed in all structures outside
the 5 minute response time for Fire Station #4.
3. Implement a brush clearance program on the project site to lessen the fire
hazard potential.
4. All development on the west side of South Palm Canyon Drive shall submit
to the City Fire Department, for review and approval, a safety buffer zone
plan between natural open space and planned development. The buffer
zone shall be at least 100 feet in width, except where topography does not
allow a buffer this wide, in which case the fuel modification zone shall be
between 50 and 100 feet in width prior to the issuance of occupancy permits
for any building in that development.
5. All water mains, fire hydrants, and automatic fire sprinklers shall be
designed and constructed in accordance with City Fire Department
regulations.
6. All streets shall be designed and constructed in accordance with City Fire
Department regulations.
tttt. Education
1. All project developers shall pay school mitigation fees in place at the time
of issuance of building permits.
uuuu. Parks
1. Natural mountainous areas are designated as Conservation on the Specific
Plan. No development is proposed. Public hiking and equestrian trails shall
be dedicated for public access and active recreational uses, in conformance
with the City of Palm Springs General Plan and the Recovery Plan for
Peninsular Bighorn Sheep.
2. Residential projects within the Specific Plan boundary shall participate in the
City's park land dedication and in lieu fee program,when implemented. The
contribution shall be equal to a minimum of 3 acres of park land per 1,000
residents,to a maximum of 5 acres per 1,000 residents. The actual fee shall
be based on the estimated cost to acquire and develop park sites and shall
be established by City Council Resolution or Ordinance.
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4. The area immediately northeasterly of the Monte Sereno Tract (TTM 30046),currently
(2003) part of the eastern end of the Canyon South Golf course, is encroaching into the
ultimate width of clear channel required under the Stipulated Judgment for the Palm
Canyon Wash. Prior to the issuance of grading permits for the golf course remodel or TTM
30046, theAgua Caliente Development Authority and Palm Canyon LLC, oranyotherparty
proposing subdivision of any portion of this tract of land, shall provide the City with written
documentation of agreement to complete the improvements in the wash to result in an
ultimate clear width of 285 feet. This agreement shall include clearing of the"nose" of land
which currently occurs at this location, and relocation or protection-in-place of the existing
sanitary sewer line which also currently occurs there, subject to review and approval by the
City Engineer. This agreement shall be reached prior to issuance of the grading permit for
the golf course.
5. It is hereby found that the portion of the property described as the area westerly of South
Palm Canyon Drive within the designated critical habitat area(herein the"StudyArea")shall
remain undeveloped until additional environmental analysis can be performed, as to
potential impacts to Peninsular Bighorn Sheep (PBS). Although extensive environmental
review has been performed for the project, the Study Area is especially sensitive and
additional review is warranted. This additional environmental review, which shall be
performed before any development is approved within the Study Area, shall address, at
minimum, the proposed development's potential impact on the PBS Recovery Plan and
potential impacts on designated critical habitat for PBS.
6. In conjunction with any required planning application for the 80 acre property previously
identified as the "Gans" parcel, documented compliance with the Tribal Habitat
Conservation Plan shall be provided.
7. The project proponent for the Monte Soreno development shall secure 2.46 acres of
comparable desert wash habitat off-site as mitigation for permanent impacts, The 1.6acres
to be temporarily impacted shall be re-naturalized.
8, Should the City establish a funding mechanism for flood control improvements within the
Specific Plan boundary, individual project developers will participate on a"fair-share"basis.