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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 3Az 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 9v RIP (if FIR DIEN M 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 . - ♦ r 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. . . To eep;n re. cnloc and pmsene th: nation'e forests, aa[za, wildlife. and wiidcmrss i ZO ' d ves : 90 CO—SZ—unr 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 £0 'd b6S = 90 EO-SZ-unC 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 bo ' d V69 : 90 £O-9Z-unC F �FP.J .70�X flf,ll1/11y1TH CNIHTIITMIJa(l H()Mr- :INb'l(1'A ^n(]� ^�/9 I+B n"C2'.]2" 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. 90 'd V10 : 40 £O—so—unc, - ero ���,,, nnnimwru ciniHr7�rnn`nianFinnn<- `Wvot �6 �Oo�/S�/9 ^�zaoa^ 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 SO "d vtc): zo £o-Sz-unr 0 950A !7PQO :nNnWHnTH'RWVT11TM'N. 0U0M<- FRV'E :6 E006/SS/9 :penTaoed 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, f3 of 60 ' d v9o = zo £o-so-unr 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 Oi - d vzo = LO £o-se:-unc ni afin. voot �n61nInINn TH`CInIHi-I1TM`N9CIHOMC' `WV9L�6 E00>/5�/6 "paPT^ a" 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). l3 649 a vso= LO £O-SZ-uncl ..�— sa [.�nrni i."-• c•nivT��rl.n n�fl V/lAc- NIH/ L:F F:nnF/CJ/A 'Pa..... 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 zi 'd voi = Lo co-se-unc, ^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 A )-" 6 LAW OFFICES 'OF Wt7R WILLIAMS,R K ll. RRECHTrL& KILpATRIC A PROFESSIONAL CORPORATION D. Llwighi Wortlen W.SnRI Wiilianu ♦a>ST✓'V6N$A.UN4£.A.ITC ,n] Or C:IR,mO Tracy R.Richmond SOLANA BEACH.CALIFORNIA 02076 D.Warne nn,:hml I""I 755-a60a FAX I6s6I 765-Sia6 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 cc: ACDA /?R 73 UZ abed !6L9# `rtd9Z:9 6009MIZl90 `9619 99L no 0N0AH01H'SnVr-11IM`N30tt0M :LQ 1sas Seth by: WOREN,WILLIAMS,RICHMOND 1 058 755 5198; 06/25/2003 12:17PM; #688; Page 2/4 B T H E LAW 0 F F 1 C: e S O F 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 IM5E1 755-6604 D.W1Ynq t}rcChhl VAX Iv001 7S.1..419N 'terry Kilpatrick www.ialana1aw.c0ra Mall dwbfnsolanalaw.ctlm 'lorry M,C:ibhs 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. K:1CiiemslSl�C;LWNIMUU.SnerslPlaM:omm W3rcAltwrs•c,pd 1000 Snit by: WQR DEN,WILLIAMS,RICHMOND 1 858 755 5198; 06/25/2003 12:17PM; #688; Page 3/4 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 K:1(7icat5\31ECLVAlttm\euMslPlenCommW3mA[ na.wµl /,ad# Sent by W0R DEN,WILLIAMS,RICHMONn 1 858 755 5198; 06/25/2003 12:17PM; #688; Page 4/4 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 DWB:lg K:1Clienrs�SlG(:LW WINIIUU,ctklS�Ylult:vmmOWmNluq,r .IW 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 a f- 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 / � � �� Vry a 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 To e-p:nr-% ._mov ,no presene the oauon e ;orests. hate,, vtlolne, and �Ildeinc•,s d^ n rn ,nr 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 / 3A41 co - d 'd65 = 90 E:o-SZ-unc, Planning Commission 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. 13 �9G� 'b0 ' cl `d6S = 90 £o-SZ-unp Planning Commission City of Palm Springs 10/9/02 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� So " d HOO = LO c.o-SZ-uru, 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. 90 " d V10 : 40 £O-SZ-unc 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. / 3 Of G.s� Lo - d 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 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 I !� 0+ 44 ao d vto = Lo 8o-9Z-unc, 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 r�1�9MWill 1 •� lil--e w NMI', J - C �' yVal F I j� 1 IM'i Cob .1w,� FillBID t - RN Y71r 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 n� 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 l 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 l 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 I ! 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 f 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 n lL 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 " i I I 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 j I 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 i 1 512 180 013 512 190 009 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 �L �_ L) `� �(p `1✓LL'!:•c-a-+��- .�-.�-�� -_ �L'iL2 tfJt,� ,�c-•�.°�����1�_.�.i..'/dL`�u t.'2.e.r.iu�-..�.:�- 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 �-A 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 KZZ6 VO A110 lVi1O3H1VO 9063#2i0 NOANVO WIVd 3 999L9 NOI1Vi1OdHOO VIN2JOJIIVO V S32df11N3AOV 1a3S3O 99£ 96L 600 n`' 009 615 93 009615,594 0 615 595 Vi C you to C on 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 VistaNrMr Vi to C you Vis C you 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 �' I.�. z • t �r . � • 'i J � (� '-� ti � :�; ,.ff •.mow �F� /. f � .� 0 � JF'�' Flit; \ •,•f � 4 I1( • i I J � 15� .••�l,j...0.5E 1 /� �- '. a•� �,.. .o-J' 35 � r �� site � Il 3 R �tl•� "1 "LiT _ j ,,I .. ffff 9 IL•��, S-o '' IF Y T I p 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. 510 300 003 510 310 007 512 020 001 Usa 510 Usa 510 Usa Bia Unknown Unknown Unknown 04-28-2000 $ CA CA CA 512 020 002 512 020 003 512 020 011 Usa Bia Usa Bia Usa Bia Unknown 05-15-1998 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 512 031 001 512 031 002 512 031003 Usa 512 Usa Bia Usa 512 Unknown 01-10-96 Unknown 03-20-97 Unknown 03-04-86 CA CA CA 512 031 004 512 031005 512 032 001 Usa Bia Usa Bia Usa Bia Unknown 08-26-97 Unknown 01-10-1999 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 h 512 033 014 512 033 015 512 060 001 Usa 512 Usa Bia Usa Bia 2550 S Pegaeno Cir Unknown 07-28-1999 Unknown 12-17-2001 Palm Springs, CA 92264 , CA , CA 512 00 2 512 060 0 512 060 004 John &Deanna Toro John eas&Deanna Toro Usa Bia PO Box 2 1500 S y Canyon Dr Unknown 01-01-2000 Boonvill 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 Unknown 07-28-1999 PO Bo/e\leCA 3 None , CA Los An 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 , 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 Unknown 01-10-1999 CA CA CA 512 070 008 512 070 009 512 070 010 Usa 512 Usa 512 Usa Bia Unknown 12-18-81 Unknown 12-02-91 Unknown 10-13-1999 , CA , CA , CA 512 070 011 512 070 012 512 070 013 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 ,7 512 070 042 512 070 046 512 070 047 Usa Bia Usa Bia Usa Bin Unknown O1-01-2001 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 � 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 Usa 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 Jolm Unknown Unknown PO Box Za, CA CA Palm Sp 'n , CA 92263 512172 004 512 172 005 512 172 006 Usa 512 Usa Bin Usa Bia Unknown As Of 11/15/78 Unknown 01-01-2002 Unknown ,CA CA CA 512 172 009 512 172 010 512 172 011 Usa Bia Usa Bia Usa Bia Unknown 04-03-98 Unknown 07-28-1999 Unknown 07-13-1999 ,CA CA CA 512172 012 512 172 015 512 172 017 Usa Bia Usa Bia Usa Bia Unknown 08-19-97 Unknown 04-28-2000 Unknown 05-15-1999 ,CA ,'CA ,CA 512 172 018 512 172 019 512 172 020 Usa Bia Usa Bia Usa Bia Unknown 05-15-1998 Unknown 04-28-2000 Unknown 04-28-2000 CA CA CA i 512172 022 512 172 024 512 180 010 Usa Bia Usa 512 Usa Bia Unknown 04-28-2000 Unknown04212000 S Unknown 04-28-2000 , CA , CA CA 512 200 005 512 200 016 512 200 022 Usa Bia Usa Bia Usa Bia Unknown 04-28-2000 Unknown 04-28-2000 Unknown 04-28-2000 6u CA CA , CA 512 200 024 512 200 025 512 200 026 Usa Bia Usa Bia Usa Bia Unknown 04-28-2000 Unknown 04-28-2000 Unknown 04-28-2000 CA CA ,CA 512 200 027 512 200 028 512 210 012 Usa Bia Usa Bia Usa 512 Unknown 04-28-2000 Unknown 04-28-2000 Unknown CA CA CA 4 r ��J 512 140 001 512 140 002 512 140 003 Usa Bia Usa Bia Usa Bia Unknown 04-28-2000 Unknown 04-28-2000 Unknown 04-28-2000 ,CA , CA , CA 512 151 001 512 151 002 512 151003 Usa 512 Usa 512 Usa Bia None Unknown 01-09-86 § Unknown 12-22-2000 , CA , CA , CA 512 151 004 512 151005 512 151006 Usa Bia Usa Bia Usa Bia Unknown 06-08-2001 Unknown 05-3047 9 Unknown 07-28-1999 ,CA , CA , CA 512 51007 512. 51008 512151009 7ohnn and Willi & hyllis Tew Usa Bia 2719WBoCir 2727 Bo Cir Unknown 06-24-97 mCA 92264 Palm rin . CA 92264 CA 512 151 010 512 151 011 512 151 012 Usa Bia Usa Bia Usa Bia Unknown 07-28-1999 Unknown 08-18-1999 Unknown 01-01-2002 , CA , CA , CA 512 151 013 512 152 001 512 152 002 Usa Bia Usa Bia Usa Bia Unknown 05-15-1998 Unknown 07-28-1999 Unknown 09-16-98 CA CA CA 512 152 003 512 152 004 512 152 005 Usa 512 Usa Bia Usa Bia Unknown 03-10-86 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 Unknown 04-21-97 CA CA CA 512 160 014 512 171 007 512 171 008 Usa Bia Usa Bia Usa Bia Unknown 04-21-97 Unknown 04-28-2000 Unknown 04-28-2000 , CA , CA , CA 512 172 001 512 172 002 512 172 003 Israel Milt Usa Bia Usa Bia Unknown Unknown 09-02-98 Unknown 08-17-1999 CA CA CA rh 686 050 005 686 470 001 686 4 &DADiforenzo Usa 686 Usa Bia . Vincie Us Dept OF Interior Unknown 06-24-97 601 N Washington,DC 20401 CA Bannin 686 470 003 686 470 004 686 470 005 Usa Bia Usa 686 Usa 686 Unknown 11-12-1998 Unknown 03-16-83 9 Unknown 03-16-83 ,CA CA , CA 686 470 006 686 470 007 686 470 008 Usa Bia Usa Bia Usa Bia Unknown 10-29-97 Unknown 02-27-98 9 Unknown 08-13-97 ,CA , CA , CA 686 470 009 686 470 010 686 470 011 Usa Bia Usa Bia Usa Bia Unknown 06-26-98 Unknown 04-13-99 � Unknown 01-01-2001 CA CA CA 6 470 1 686 470 013 686 470 014 Da ' El inger Usa Bia Usa 686 3803 cai Cir E Unknown Unknown 03-16-83 pal, S gs, Al 92264 CA CA 686 470 017 686 470 018 686 470 019 Usa 686 Usa 686 Usa Bia Unknown 03-16-83 Unknown 03-16-83 Unknown 11-16-1999 CA CA CA 686 470 020 686 470 021 686 470 022 Usa 686 Usa 686 Usa Bia Unknown 03-16-83 Unknown 03-16-83 Unknown 04-12-2001 CA CA CA 686 470 023 686 470 024 686 470 025 Usa 686 Usa 686 Usa 686 Unknown 03-16-83 Unknown 03-16-83 9 Unknown 10-05-88 ,CA , CA CA 686 470 026 686 470 027 686 470 028 Usa Bia Usa 686 Usa 686 Unknown 12-01-1999 Unknown 03-16-83 9 Unknown 03-16-83 ,CA , CA , CA 686,470 d29 686 470 031 686 470 032 Alfieri ttenn Usa 686 Usa 686 PO Box 2 Unknown 03-16-83 Unknown 03-16-83 Armo NY 504 CA CA 686 470 033 686 470 034 686 510 001 Usa 686 Usa 686 Usa Bin Unknown 03-16-83 Unknown 02-09-2001 CA CA CA 686 510 002 686�510103 686 510 004 Usa 686 Sernce 001 Trust Usa Bia Unknown 38155 oriwia NO STREET NAME or NUMBER CA Palm Sp n`g� CA 92264 CA 686 510 005 686 510 006 686 510 007 Usa Bia Usa Bia Usa Bia Unknown 10-23-98 Unknown 05-13-98 Unknown 04-29-97 CA CA CA 686 510 008 686 510 009 686 510 010 Usa 686 Usa 686 Usa Bia Unknown Unknown Unknown 04-30-98 CA CA CA 686 510 011 686 510 012 686 510 013 Usa Bia Usa Bia Usa Bia Unknown 01-09-98 Unknown 04-30-98 Unknown 04-04-97 CA CA CA 686 510 016 68 510 017 686 510 018 Usa Bia M plan Usa Bia Unknown 03-31-98 6 Eatoi' t Unknown 04-30-98 CA Ranc1l J i e, CA 92270 CA 686 510 019 686 510 020 686 510 021 Usa Bia Usa 686 Usa 686 Unknown 05-13-98 Unknown Unknown CA CA CA 686 510 022 686 510 025 686 510 026 Usa Bia Usa 686 Usa 686 Unknown 10-09-97 Unknown Unknown CA CA CA 686 510 027 686 510 028 686 5 0 029 Usa 686 Usa Bia Gloria er Unknown Unknown 06-20-97 u6 1)00 N e Slj r 453A CA CA Clrica ,IL0 513310018 513 310 019 513310020 USA 513 USA 513 USA 513 686 020 001 686 020 003 686 020 014 USA USA 686 686 020 015 686 020 016 686 020 017 USA 686 USA 686 USA 686 686 020 018 686 020 019 686 020 021 USA 686 USA 686 USA 686 I i i 1A 009 607540 West /'i 265p'pOl re H°mesI - W 11C if 1TTt `� <7 "ad Cgo�B k�l A 91362 "dniy ,� 0 l s°4�Ile OQ 6r y 2 AGO 6�GR�3S\ h1pA4 Rtii ��fi °` Gen Fo>u+kin�vCA 9pp69 °� i UDR to a7 � g49e tS;°ll5^Ood, 4 o'IA Yo a � ran ic=5s LiR '9 9 �s x w _ _ �w ZR.6U.i. � �:U.aCAlf ".`.'�,� , s 1v �sss 10 VO cz, 513 542 005 ^, - King Jennifer J&Jennifer Irate King 12711 Ventura Blvd"80�, t ?, Studio City,CA 91604 o , � Kj- =, E11en Af aid o�-bpc� 3� ac9 S M nowmen n gDr nu $rsc r��, IL_, ^ On Hole F del t_ WY 8300 a 1 S q � U (J 009 609 265 Larry Goo 14400 man`� A MYma Goodman ,. viation Bl vd —a Hawthorne, CA 90250 '., R —lw k01 DL��1�6'1BLE w ORW1rRQ ` G3 51�33� cif`$5 V 2v'��� 510 300 002 PALM CANYON LLC 333 WEST SANTA CLARA ST#1212 ' SAN JOSE CA 95113 ' , 009 607 548_"' Judith SolpinQO PO Box 491237 LosAugeles, C4,;90049;, ` rs- vr P =E•ao a y 512064JN MR2 ❑r4,,Eo mcn�c MSAN EAS �ivn,ar A ORO t uro.crrn ow,;AD o o PO BO �287 �'f»-Na,Iwuwni BOON L�E A 9 C u�,iciai��,����; aea�;en � 415 r Il,cs�rn ,:cFi-�uuarn_ t� ❑couo�q�•;<uu-ruaenoLvoPe I vir RE,pPl,c L"- ❑ro„r.�oser'poo�nrn - ¢' i I'lln 'All S . sr2 1�, `r lf1F ,_�;•_, M zee /%" 05 pgOOFpCgpp �4" �Mspg3Fp FRY �� 92262OR 3 0 S koa R'a ge _ ry yam^ <�og 14(2 i . t gVi S14 rJ 62 Y 009 38�e6 6�09I6 , '4) ?r fti\ \ - 9 /r Gp�PX@�6�9 T 22. p� 00� p `�S T�922s��eo 9 ;51� ..�i 410z Nat 271M °'g r EIaY Williamson�? r z 0 d3 4)y � MR✓ a O pp ps Ry EAR/vN jN) q _AFC Pier .. q441&P Rc s ,`:;.:. ze Its alq,4f t FA. — S� 71 ' _ 62 p. i, JJi' Hl'IJ - - i } -U 009 6.12 731 Mam"&Eileen Stern ChiaDearborn t St g0, IL 60610 513 310 012 Johannes paszek 2150 Wappoo11a11Rd - Charleston,SC 29412 (_��•., A ❑J9FSllFFICiENY ADRRESS y,;�,? - �� �hTAJ uIMPTED NOT KNOWN ❑ OTNER '�, • ;,;� ---- Cl NO SM NOMOM STREET S ❑ P9DT DELIVERABLE AS ADDRESSED UMAOLE TO FORWARD - , o.y_�i_ti_a`t1Y►' 00960 Glicgm 07 3lickinan k�"t&'Toaruie Pored S0R 97 0 ..61403_ 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 513 310 018 513 310 019 USA 513 USA 513 513 310 020 USA 513 686 020 001 686 020 003 USA 666 020 014 USA 686 686 020 015 686 020 016 USA 686 USA 686 686 020 017 USA 686 686 020 018 686 020 019 USA 686 USA 686 686 020 021 USA 686 512 200 005 Usa Bia 512 200 016 Unknown 04-28-2000 S Usa Bia 512 200 022 CA Unknown 04-28-2000 Usa Bia CA Unknown 04-28-2000 CA 512 200 024 Usa Bia 512 200 025 Usa Bia 512 200 026 Unknown 04-28-2000 Usa Bia Unknown 04-28-2000 CA CA Unknown 04-28-2000 , CA 512 200 027 Usa Bia 512 200 028 Unknown 04-28-2000 Usa Bia 512 210 012 S� Usa 512 Unknown 04-28-2000 CA CA Unknown , CA �1 510 300 003 510 310 007 512 020 001 Usa 510 Usa 510 Usa Bia Unknown Unknown Unknown 04-28-2000 CA CA CA 512 020 002 512 020 003 512020011 Usa Bia Usa Bia Usa Bia Unknown 05-15-1999 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 Unknown 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 08-26-97 Unknown 01-10-1999 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 01-06-1999 Unknown O1-10-1999 Unknown 06-23-97 CA CA CA t 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 00 2 51 060 0 512 060 004 John &Deanna Toro John eas&Deanna Toro Usa Bia PO Box 2 1500 S y Canyon Dr Unknown 01-01-2000 Boonvill 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 Unknown 07-28-1999 PO Box 113 None CA Los An eke 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 ,CA ,CA ,CA 512 070 005 512 070 006 512 070 007 Usa Bia Usa 512&John Andreas Usa Bia Unkntown 07-23-1999 Unknown 07-18-89 Unknown 01-10-1999 CA CA CA 512 070 008 512 070 009 512 070 010 Usa 512 Usa 512 Usa Bia Unknown 12-18-81u Unknown 12-02-91 9 Unknown 10-13-1999 ,CA , CA ,CA 512 070 011 512 070 012 512 070 013 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 6a Unknown 06-18-98 CA CA CA 512 070 042 512 070 046 512 070 047 Usa Bia Usa Bia Usa Bia Unknown 01-01-2001 Unknown 02-15-2000 $ 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 Usa 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 8-0-98 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 eas ql� 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 Unknown 04-28-2000 Unknown 04-28-2000 ,CA ,CA , CA 512 151 001 512 151002 512 151 003 Usa 512 Usa 512 Usa Bia None Unknown 01-09-86 9 Unknown 12-22-2000$ , CA ,CA CA 512 151 004 512 151 005 512 151006 Usa Bia Usa Bia Usa Bia Unknown 06-08-2001 Unknown 05-30-97 A Unknown 07-28-1999 CA CA CA 512451 007 51 , 51 008 512 151 009 Jo lun and Willi -- ,yllis Tow Usa Bia 2719 Bo Cir 2727 Bo Cir Unknown 06-24-97 Palm rin CA 92264 Palm rm , CA 92264 CA 512151 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 512 152 003 512 152 004 512 152 005 Usa 512 Usa Bia Usa Bia Unknown 03-10-86 9 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 CA CA CA 512160 014 512 171007 512 171 008 Usa Bia Usa Bia Usa Bia Unknown 04-21-97 9 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 Unknown 09-02-98 Unknown 08-17-1999 CA CA CA 512172 004 512 172 005 512 172 006 Usa 512 Usa Bia Usa Bia Unknown As Of 11/15/78 Unknown 01-01-2002 Unknown CA CA CA 512172 009 512 172 010 512 172 011 Usa Bia Usa Bia Usa Bia UWmow U 04-03-98 Unknown 07-28-1999 Unknown 07-13-1999 CA CA CA 512172 012 512 172 015 512 172 017 Usa Bia Usa Bia Usa Bia Unknown 08-19.97 Unknown 04-28-2000 Unknown 05-15-1999 CA CA CA 512172 018 512 172 019 512 172 020 Usa Bia Usa Bia Usa Bia Unknown 05-15-1998 Unknown 04-28-2000 Unknown 04-28-2000 CA CA CA 512172 022 512 172 024 512180 010 Usa Bia Usa 512 Usa Bia Unknown04-28-2000 Unknown04212000 Unknown 04-28-20o0 CA CA CA 512 200 005 512 200 016 Usa Bia Usa Bia 5 512 12200 022 Bia Unknown 04-28-2000 Unknown 04-28-2000 CA CA Unknown 04-28-2000 CA 512 200 024 512 200 025 512 200 026 Usa Bia Usa Bia Usa Bia Unknown 04-28-2000 Unknown 04-28-2000.E . Unknown 04-28-2000 CA CA CA 512 200 027 512 200 028 512 210 012 Usa Bia Usa Bia Usa 512 Unknown 04-28-2000 Unknown 04-28-2000 Unknown CA CA CA 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 1 673 AR, RN 1 K 14 W1 5. M ,M Im ISM M2111H, s gFl �` �j%kf;g' .-�v3,q NU II at vY,.rl" OEM OAS 5.0576 -SP-1A 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 { i 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 Usa51 53 53 Unknown Unlm U 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 4 � r � r r i 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 b9ZZ6 VO `sBuudS Wlud I I90 oBsalgD 01909 H `OBeolgo SL#zQ Ilad S SOS V£S#zQ azog5 a N OOOi 1, l5 TTz04TeaQ N 6£8 uo fueJ ulslA zal Euol`D uzal5 uaalT.g 38 uLUM 68; 9T9 600 b£ ET ,600 I£L ZT9 600 b9ZZ6 VO `sBuudS idled Z9ZZ6 VO `sBuudS lWJ b9ZZ D $muds Tined DAY opaloy S SZSZ iDLT#P2f OPWTV El 091T z uuoV SISb9 gjujplog uemuoEl"IW I suoildois uol fud ussy szaumoauTo luoNl ollag 666 019 600 1 ££6 019 600 j Z i9 600 b9ZZ6 VD`sBuudS Tined b9ZZ6 VD `sBuudS u>fud b9ZZ6 VD `sBuudS ruled za olueoy ST Sb9 aluoluv EFA ObSb9 Twoqo d EIA V908£ ussy szaum00lU0H aluolnl 0110EI zlfdS Tllag V 21fdS salz1%TID zailoog dllnld TE6 OT9 600 8Z6 019 600 LZ6 019 600 i I b9ZZ6 VJ `sBuudS WITJ bEZZ6 VD `X110 [UP0Tlte0 L96176 VO `ssog npogo-dufA 4508£ sIA e'IT%PIuaAV ObZ8Z Z£91 XoEl Od zalaaff dITITTd auI,fsm-g uumoloD olueloW ag mmoloJ PmIaRT 9Z6 019 600 9Z6 OT9 600 bZ6 OT9 600 L906 VD `ssog b9ZZ6 VD `sBuudS Tuned b9ZZ6 VD `sBuudS Tined ZbI XoH Od IWOgod VIA IZZE£ aluauV e1A S05b9 ne�ualoJ alue101N uemTa[oD P�I012I f 9 W H uYUOM u0sumH ouoff trey l £Z6 019 600 ZZ6 019 600 6I6 OT9 600 b9ZZ6 VD `sBuudS Tuled gWZ6 VD `sBuudS ruled b9ZZ6 VO `sBuudS Tuled ossnZ elA q91 gE ossnZ VIA ZZZ8£ ossn7 a1A 9LZ8E zaulazgoS jog-WH W Tu%3I llomopow wolf)v za;iog T1lze4alZ . 816 OT9 600 LT6 019 600 916 019 600 ZOZ£S lAA`00AnVAi.M b9ZZ6 VD `sBuudS Tined b9ZZ6 VD `sBuudS mled IS za1EA1 N 08L aluauTV VIA 5Zbb9 aluOWV VIA T8Eg9 ulalmoff gdosof soluo Xqu2f W sofog PI>^TaD salsO 00!"f W soleH Uou u,I, 916019600 ll bT6 019 600 E16 OT9 600 11 b9ZZ6 VD `sBuudS udled 11 b9ZZ6 VD `sBuudS ul1Ed 1 n ELE NJ.`PuelanalD •6ZIL#zQ TTo iueJ ucled S 119 0sslg EIA Z8£b9 A1N-ICI fa0313lH SOTZ agsolnl ff ueuesePBeff ualaH W mTIITV luol5 U310H Z16 OT9 600 IT6 019 600 Oi6 019 600 b9ZZ6 VD ` uu S uTred b9ZZ6 VD `sBuudS uT[ed £Ob68 AN`uolha umnhog 5518£ eumlzo3 VIA 90T8£ £OOT Xaff Od l znzaS eazpuV umegaaazTJ 'il elTflu�gogzaptm,w 606 019 600 806019600 L06 0T9 600 � l I 57221 F F "� '\� 4 Mlk4 S � S 9S 7•., p 0 S L J O C No R SSON 22643pso gs S!I(;� .2263-2743 009 602 099 lj Steven Little&Richard Langley Jr. 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 / 3ty 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. / '� cS 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 f '3G � 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 / 3C 7 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 / 3 e/V 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. /3 d 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 / b e. 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. / 3 �. i3 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. / � d 'v 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 / 3 e/S 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 / 3 c/(G 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 / 3d /7 • 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. / 3to 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. / 3 le 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: / 20G2- ` 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. / 3 � �3 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. / %3 �+ y 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.