Loading...
HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (24) Date: June 18, 2003 To: City Council From: Director of Planning &Zoning CASE NO. 5.0948-PD-283 AN APPLICATION BY ANNE KRIZMAN FOR KRIZMAN DESERT INVESTMENTS,LLC,FORA PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP 31263, FOR THE SUBDIVISION OF A 2.12 ACRE PARCEL INTO A SINGLE LOT FOR CONDOMINIUMS PURPOSES AND FOR DEVELOPMENT OF 30 TWO-STORY CONDOMINIUMS, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE, ZONE R-2, SECTION 2. RECOMMENDATION: The Planning Commission recommends that the City Council approve a Planned Development District (PD No. 283)for the development of 30 two-story residential units on 2.12 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2, subject to the conditions outlined in the attached Resolution. BACKGROUND: On May 14,2003 the Planning Commission voted to continue this project,due to concerns about ingress, egress and on-site circulation. On May 28, 2003 the Planning Commission reviewed revised site plans and voted to recommend that the City Council approve the proposed project. The Planning Commission reports are attached for your convenience. DOUGLAS , VANS Director of Planning and Zoning City Manager ATTACHMENTS: 1. Planning Commission staff reports of May 14 and May 28, 2003 2. Vicinity Map 3. Tentative Tract Map 31263 4. Site Plan 5. Elevations 6. Photos A 7. Resolution/Conditions of Approval '1 Date: May 28, 2003 To: Planning Commission From: Director of Planning &Zoning CASE NO. 5.0948-PD-283 AN APPLICATION BY ANNE KRIZMAN FOR KRIZMAN DESERT INVESTMENTS,LLC,FORA PLANNED DEVELOPMENT DISTRICTAND TENTATIVE TRACT MAP 31263, FOR THE SUBDIVISION OF A 2.12 ACRE PARCEL INTO A SINGLE LOT FOR CONDOMINIUMS PURPOSES AND FOR DEVELOPMENT OF 30 TWO-STORY CONDOMINIUMS, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE, ZONE R-2, SECTION 2. RECOMMENDATION: That the Planning Commission recommend that the City Council approve a Planned Development District(PD No. 283)for the development of 30 two-story residential units on 2.12 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2, subject to the conditions outlined in the attached Resolution. The applicant has revised the site plan per the Planning Commission's direction. Revise conditions of approval will be presented at the meeting. BACKGROUND: On May 14,2003 the Planning Commission voted to continue this project,due to concerns about ingress, egress and on-site circulation. Subsequent to that meeting, the applicant has redesigned the project to eliminate access between Indian Canton Drive and SunnyView Drive.Access would be achieved through a looped 24' wide driveway through the center of the project, which would be accessible from Francis Drive. In order to accommodate this revision to the project,the pool areas were moved adjacent to the norther property line. Unit sized have also been reduced by 20 square feet in area, to approximately 1,680 square feet. The applicant has also redesigned the project to incorporate additional vehicle maneuvering areas adjacent to driveways and eliminated some extra guest parking along Sunny View. Additional tree-wells are proposed in the guest parking areas to provide additional shade and to soften the driveway and parking areas. On Sunny View Drive,the carports will be setback 20'from the right of way. The carports will be cantilevered into this setback area a maximum of 4'.Setbacks along Sunny View range from 42' at the buildings to 16' at the cantilevered carport. This setback reduction is intended to provide 5'wide vehicle maneuvering areas elsewhere in the project. Residences adjacent to Sunny View are setback 42' from the right of way. On Francis Drive, the first story will be setback 18', while a portion of the second story will be cantilevered and have a 16' - 6' setback. Courtyard walls along Francis, measuring six feet in height, will be setback 6'from the right of way. Although the building setbacks to Indian Canyon Drive will not change, the revised plan may include staggered six feet tall courtyard walls, setback 15'to 18'from the right of way, in order to soften and break-up the massing along that corridor. ��� 3 Date: May 14, 2003 To: Planning Commission From: Director of Planning &Zoning CASE NO. 5.0948-PD-283 AN APPLICATION BY ANNE KRIZMAN FOR A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP 31263, FOR THE SUBDIVISION OF A 2.12 ACRE PARCEL INTO A SINGLE LOT FOR CONDOMINIUMS PURPOSES AND FOR DEVELOPMENT OF 30 TWO-STORY CONDOMINIUMS, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE, ZONE R-2, SECTION 2. RECOMMENDATION: That the Planning Commission recommend that the City Council approve a Planned Development District(PD No. 283)for the development of 30 two-story residential units on 2.12 acres and a Tentative Tract Map for a single lot subdivision for condominium,purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2, subject to the conditions outlined in the attached Resolution. BACKGROUND: Anne Krizman has submitted an application for a Planned Development District to develop a two story residential community with common open space and recreation amenities. The project proposes 30 residences. The project is publically accessed from Sunny View Drive and Indian Canyon Drive. The project is not proposed to be gated. A Tentative Tract Map application has also been submitted to subdivide the 2.12 acre parcel into one condominiums lot. The project includes two identical common area improvements, each featuring a swimming pool and spa. The project site is currently vacant.The site has a gradual slope ranging from 1%to 2.5%across the site, from the northwest corner to the southeast corner. The property is sparsely vegetated consisting primarily of scattered shrubs. The Planned Development District Ordinance, Section 94.03.00 of the Zoning Ordinance, notes that Planned Development District is intended to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. The intent of this district is to ensure compliance with the General Plan and good zoning practice, while allowing certain desirable departures from the strict provisions of the specific zone classifications. The site is zoned R-2 "Limited multiple family residential zone". Section 92.03.01.A.2 of the Zoning Ordinance notes that multi-family dwellings are a permitted use in the zone. The applicant is proposing 30'front setbacks to Indian Canyon,20'setbacks to Francis Drive,and 20'setbacks to Sunny View Drive. The applicant's research indicates that there is a market for two-bedroom,two-story condominiums with common recreation and open space amenities. The proposed prices range from $250,000 to $300,000. Aa1 PROJECT DESIGN As part of the Planned Unit Development, the applicant has submitted architectural plans. The proposed project feature two models: Unit A and Unit B. These units range in size from 1,600 square feet to 1,900 square feet. All proposed residences will feature one parking spaces in a carport and an additional uncovered space, in accordance with established parking standards. The project has one 15' wide driveway, with an entry on Sunny View and an exit on Indian Canyon. The zoning ordinance allows one way driveways with a minimum width of 14'. On the site plan the driveway is depicted with a 6'planter on north side and a 4'planter on the south side. The ordinance further requires 5'wide landscape planters adjacent to vehicle maneuvering areas. In addition,planters with a minimum of two feetwidth are required adjacent to walls which are not part of vehicle maneuvering areas. The site plan will need to be refined as part of the final planned development district, in order to comply with these provisions of the parking ordinance. Two recreation areas are proposed as part of this project. Each features a rectangle shaped swimming pool and spa, with a deck area. The recreation areas will be owned and maintained by the homeowners association. This Planned Development District application proposes to provide specific development standards for the project as well as a preliminary development plan as provided for by Zoning Code Section 94.03.00.Approval bythe Planning Commission and City Council of the preliminary development will constitute approval of the Preliminary Planned Development District. ADJACENT USES, ZONING AND LAND USE: Uses Zone General Plan North Sunny View Villas R-2 (Limited multiple family) M-15 (Multi-family apartments Residential 15du/ac) East Single Family R-1-C (Single Family L-4 (Low Density Residential Residential) Residential) South Parkwood R-2 (Limited Multi-Family) M-15 (Multi-family Apartments Residential 15du/ac), West Single family R-1-C (Single Family L-4 (Low Density residential, Vacant, Residential) Residential) Indian Avenue ANALYSIS: The General Plan indicates that within the M-15 (Multi-family Residential 15du/ac)designation, a maximum of 15 dwelling units per acre accommodating various types of multi-family, medium density residential development. A maximum of 31.8 units are permitted on the site. Thirty units are proposed, at a density of 14.08 dwelling units per acre. �lq 500 In accordance with Section 94.03.00(C)of the Zoning Code, the Planning Commission and the City Council are authorized to establish a full range of development standards appropriate to the orderly development of a site for which a PD is approved. Therefore, the Planning Commission and City Council may determine that the benefits of the proposed development plan warrant the granting of the proposed development standards. As part of the Preliminary Planned Development District application, the applicant is proposing variations to certain development standards.Deviation from the R-2 zone development standards proposed is with respect to the rear yard setbacks adjacent to Sunny View Drive and carport parking space size. The project complies with the remaining R-2 zone standards for lot area, minimum lot width, building height, distance between buildings, access, loading and coverage. A number of facts exist in support of this application for a PPD, including the high quality of architectural and landscape detail, seamless connections between indoor and outdoor space, maximum utilization of natural vistas, use of high-quality materials, utilization of energy efficient materials and design and provision for common area improvements with 1.06 acres (50%) devoted to common open space, Thus, staff supports these deviations from the development standards contained in the Zoning Code. The following table compares the R-2 Development Standards, and the standards proposed within the development plan. R-2 Proposed Lot Area: 20,000 square feet Complies, 2.12 acres Height: 24' maximum Complies, 22' proposed Yards and Setbacks: Front: 30' Indian Canyon Drive (Major) Complies, 30' Side: 20' Francis (Collector) Complies, 20' Rear: 25' Sunny View 20' proposed Building Separation: 15' Complies, 58' Lot Coverage: Maximum 30% Complies 26% Min. Lot Width:140' Complies, 237' Min. Lot Depth:180' Complies, 359' Parking: 54 Complies, 54 provided 20' long carport parking spaces 19'-6" proposed * Common open space/recreation area amenities are provided. PHASING The applicant proposes two phases. Phase 1 will include completion of the specific requirements of the subdivision including all street improvements, common and recreation areas, driveways, landscape elements and ten units. Phase 2 would include the remaining 20 residential units. Because of the small scale of this project, staff recommends that the project be constructed in a single phase. UTILITIES There are presently two set of electrical lines on the project. The first line runs along the entire Indian Canyon Drive frontage. A second line bisects the south-east corner of the project. As a condition of approval, the applicant will be required to underground both of these lines. CIRCULATION The proposed project is un-gated and will be accessed via a one way driveway,which runs along the northern perimeter of the project, from Sunny View Drive to Indian Canyon Drive. In order to avoid problems with traffic de-acceleration on Indian Canyon,the City Engineer recommends that the project exit to Indian. The proposed stacking distances at the project entry appear to work. As designed, it would be difficult to add gates to this project in the future. In addition,where the individual driveways intersect with the main entry drive, it may be necessary to provide improved site clearance by pulling walls back from the intersections of the driveways. BUILDING HEIGHT AND SETBACKS The project elevations and cross sections indicate that the proposed project includes two designs that attain a maximum building height of 22'. This is two feet less than the maximum allowed in the R-2 zone. Both designs are two-story. The one deviation from the R-2 zone development standards proposed is with respect to rear yard setbacks. The code requires that, when the building abuts a roadway, as it does along Sunny View Drive, a 25'rear setback is required.A 20'rear setback is proposed. Staff concludes that due to the variety of height, shape and massing, the project has developed a site design approach that allows privacy,diversity and flexibility of standards while still maintaining the intent of the Code. AMENITIES Amenities are currently proposed as part of the project including, two common pool and spa facilities. The proposed design precludes the construction of individual pools. Landscaping elements include the Indian Canyon Drive, Francis Drive and Sunny View Drive streetscapes. Decorative perimeter walls will enclose private court yards and assist in wind control. The north property line presently includes a tan precision block wall. Landscaping elements will extend into the setback areas in order to integrate the project with the existing community. CARPORTS Staff recommends adding conditions thatwould: 1)including a provision in the CC&R's prohibiting conversion of carports into habitable area;and 2)prohibiting any outdoor storage in the carports. X ENVIRONMENTAL ANALYSIS: Pursuant to Section 15332 of the California Environmental Quality Act Guidelines, the project is an in-fill development, and therefore is exempt from further environmental review. COMMUNITY BENEFITS There will be multiple tangible benefits to the adjacent community. Those benefits include: • Thirty new residences will be constructed and will be publically accessed. • The potential exists for further neighborhood investment. • Property values historically increase with adjacent new residential development. • The new landscaping and condominiums in the proposed project will create a significant wind break and noise buffer to existing single-family residences. • Utilities will be undergrounded creating a safer and more aesthetically pleasing environment. • Overall community design will be improved with the addition of a landscaped access from North Indian Canyon Drive. NOTIFICATION All property owners within a 400-foot radius of the parcel considered for subdivision were notified. A legal notice was published in the Desert Sun. As of the writing of this report, the City has not received any written correspondence from area residents. ATTACHMENTS: 1. Vicinity Map 2. Tentative Tract Map 31263 3. Site Plan 4. Elevations 5. Photos 6. Resolution/Conditions of Approval �Y NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0948-PDD-283 and Tentative Tract Map 31263 A Planned Development District (PD No. 283) for the development of 30 two-story residential units on 2.13 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2. Applicant: Krizman Desert Investments NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 18, 2003. The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for a Preliminary Planned Development District)for the development of 30 two-story residential units, on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes. The Planned Development District would incorporate the following departures from the zoning ordinance: 1)On Sunny View Drive the code requires a 25'setback. Carports on Sunny View Drive are proposed with a 20'setback to property line, and cantilevered an additional 4' into the setback area; 2)A 20`setback is required on Francis Drive,while proposed setbacks are 18'(first story)and 16"-6"(second story); and 3) A six foot wall height is allowed by ordinance, while a 7' decorative block wall is proposed on fhe north property line. Pursuant to Section 15332 of the California Environmental Quality Act Guidelines, the project is an in-fill development, and therefore is exempt from further environmental review. The proposed site plan,architectural plans,tentative tract map and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions,regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. Patricia Sanders Publish_ June 6, 2003 City Clerk The Desert Sun cpaft VICINITY MAP rLJ I { Par / o as LJ I 386 Ac a IO I M I� I. Y > I ( 04! •� p 0 Q o, �I c I > CDf, a 5 a ,285d 2./3 Acf Project Site T I I 1• �/ `I+ 1C•Lo• 1 lrDl.55 „A r 40,0Francis Drive �1i— CITY OF PALM SPRINGS • Case No. 5.0948-PDD-283 and CASE NO Tentative Tract Map 31263 DESCRIPTION APPLICANT A @lanned Development District(ab No.283)for the development of 30 two-story residential units on 2.13 acres Anne Krizman and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive,Zone R-2,$action 2. W TNA CITY OF PALM SPR , MUWY OF RIWWWA STATA OF CA RMA TENTATIVE TRACT MAP NO. 31263 eROF A MRTRIN of nu1 srovm I/A DF TnA N➢RrRRPsr I/A rxuws OF TfB NORI]1116f /4 OF 3dY.R1DN 2, TAS Ri&S8Y xxD Orvm�v� • J b1de�YifaviemlKMJ]�xR SANBJRN A/A Ix. YA.0."1L M0.9 r�afsnG� J�oY:tlAC4[IDrb btv MR COM%1YARJJ(PNRMSID mrvw �� J �srv.r�.xoxcwua�mraJcwd xcc G�J�'MONi°°° TAva.m J«r'wnd•�u Yuo..w nv vnwu.w�avminw Jrmuex nJwvon Nclf.xrtMVE oJo Amu len�av vE.+er LAM f6E FFCIMM riOY uY8 wlre LlDYF+DIRJJ/OJ6 JBC1® PARCEL MAP 13139 �'�� c'xne.We•R'J P M B >7/17 9]!KY_851AC11F TOIL �' ue�F.rvi.OfM.Y-R! o� : '1 A6ElK1t5 PATCH.NARHS' AIEA , a .:Ill I - n mrx ra o�xaJc�lom=� �r J�ic ovmFx mFcwnAA>rav . da x.ruaJrl LC} _ _,r..S�� : I � � .''S H a�xrils ao= mxiFA�rniwsrowelo nr + 11 ... ..U .:r. � .:� .�{�•.> .�i. U ^��rmnwrn�'wrnon J�oxvm uEJvm�rm �� �If �" �� ' ' I' R _ .uaJ�am�wtmw=`emwsawiwr•uean•xv-xn T� - �".- ; ,,. „I �ff:vooimirsanwio a'x`rern>d ff'T�vn t I _ ;, V v4s FRAK15 DRIVE v v u xnrin A: A s am ... ..... .. ...._._ .. .. . .:....... ..............................................:. .. .: .: ... ..................::...::...:..::....:.:.v ... $ . A415 R P MP 20 CLUB ESTATES PAR �" eoucr mn 3 C CE AP M B 33/35 0 9E RECEIVED ,ZJYT.M,P SANBORN A/E, Inc. 1^ m.Et,of PnmrSPmn IDirAPI£MAP- MACr NO.XZJ MAR - 7 2003 SANBORN PLANNING DIVISION I I �n Mai a.ssa=.oP'- = oQnamxg III III II _ c..Pcwuva I !Fw LI - _ IT 'I m' m � m � 1 � IIII Jll�l�ii fyn 01,I III C� � 01 j� � 4 ` = 0 _ G ° , SL�iLL- -.• I I `LPII9i � f ��I I I 5 AlJ➢� .. �I m , •�� �� e_�- I I �]• _ - - - � M �¢'a y�_1 ILeoa° i FRANGIS DRIVE �e Q I e j I fr la GROUND FLOOR SITE PLAN P I.O xR. `.ape n=.,,...M. i 07 EAST ELEVATION e LEGEND �i ALN ' 1 —._. ._.—.—.—.—._._.—.—.—.---------------------------—_ _ --__ ---.—.—.—.—.—._.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—"—._.�-_-_ a 50UTH ELEVATION i I(y III/ v — P p } z WEST ELEVATION e' h �o JU 4*0 o i Eli w b w d cJ� 11 y I A2.0 P NORTH ELEVATION 04 rJ �[y Y k w . f x r;Nd 4 L (,W R}• ' � Ems'_.—.: a �'+r ;w�suA a . . "M Ul l 2 44 » �� � \��� §� a � ` t i' -y 'ir'-1 -�:5 It�k .r.Y F �,y�' -H3 } ,'s9- v+aa5m s - - - r Y M Y . ek, �w�'` i.,r✓x- : r}" � *4 0� `a�rs y:� '�E�,�s.��.�,Y""a._ �. *z. = r �� -- �. v .- A z x • 0129 20Q3 DRIVE ' � .�titxl.. ��. ,' Fdk.. ii '� P. � : � _<;' N cs7 ,,;� ; _ y N r ' +' '.�i �{ r'- ' Y-Pi+i+� 1( -. r 4 � '�r. 3�tYl �M li �. T�; � , �,� �w� .0 ' e 1 r �*��' .� '��.. _ _ _ f � � F 6� � � e- `! � ��, "} ,g�,,,,.rte , , �:. .. �� y � .. `' 7_ � # ��' � ' � � ��* � � � ` ° � • � r �� T s �... � �� f � � � � � � � : �u" �� ��� � ,��> s ; ,'��x,a� .. ;. �>:2 ,. �:, � rti �.� •,n-p; i 7��g'.a. I: -: I t 1 _ � Qi 29 24©3 \ FRANCIS DRIVE & SUNNY VIEW DRIVE 1.fm«iznlry � _ - � 0129 2003 EXHIBIT A CASE 5.0948-PD-283 PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD # 283) TENTATIVE TRACT MAP 31263 NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE KRIZMAN DESERT INVESTMENTS, LLC. CONDITIONS OF APPROVAL JUNE 18, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning, the Chief of Police,the Fire Chief ortheir designee,depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,officers,and employees from any claim,action,or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0948-PD-283 and TTM 31263. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure 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 )9-a expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. If,within two (2)years after the date of approval by the City Council of the preliminary development plan,the final development plan,as indicated in Section 94.03.00(I),has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations,floor plans, roof plans,fence and wall plans,entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $5,000 for the review of the CC&R's by the City Attorney. An administrative fee of$250 shall also be paid to the Planning Department. A. The CC&R's shall include a provision prohibiting conversion of carports into habitable area. 5. All outdoor storage is prohibited in the carports. 6. Separate architectural approval and permits shall be required for all signs. 7. The project shall be developed in one phase. 8. Final landscaping, irrigation, exterior lighting, and fencing plans for each phase shall be submitted for approval by the Planning Commission (see Condition # 3 above) prior to issuance of a building permit/construction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 9. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 10. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 11. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening 12. No exterior down spouts shall be permitted on anyfacade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 14. The street address numbering/lettering shall not exceed eight inches in height. 15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21,00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior -to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. The detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 17. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For the common areas, trash enclosures shall be required in each recreation area. 18. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 19. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces,the main entrance to the proposed pool structure and the path of travel to the main entrance. 20. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 18. Common area pools shall be closed between the hours of 10 pm to 7 am. 19. The maximum building height shall be 22' measured as the vertical distance plus eighteen (18) inches measured from the average grade at the curb adjacent to the property. V ' A-A3 20. The project entry shall incorporate decorative street, landscape and safety lighting. Decorative lighting at entries shall be pedestrian scale. 21. Project setbacks shall be as follows: Front yard setback (Indian Canyon Drive) - 30' Side yard setback (Francis Drive) - 20' Rear yard setback (Sunny View Drive) - 20' Refer to R-2 Zone for remaining parking and property development standards. 22. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. 23. In accordance with Public Resource Code 5097. 94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the Coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 24. A Riverside County-certified archeologist shall be retained to attend pre-grading meetings. The archeologist will carefully inspect the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. 25. Monitoring of rough grading activities by a qualified archaeologist shall be undertaken to ensure protection of any unknown resources. Monitoring should continue until rough grading is completed or the Principal Investigator for Archeology determines that there is no further potential for the project to impact cultural resources. The archeologist shall have the opportunity to temporarily divert of direct earth moving to allow time to evaluate any exposed prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right -of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archeology and Paleontology (UCR). Should any human remains be discovered, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resource Code Section 5097.98. 26. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official, in accordance with the 2002 Coachella Valley PM-10 State Implementation Plan. The proposed project will comply with the provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plant control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District (SCAQMD) for approval prior to the issuance of grading permits. The project applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits. The plant shall specify the fugitive dust control measures to be employed. 27. Cut and fill quantities will be balanced onsite. 28. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 29. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 30. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 31. Four handicapped parking spaces are required. 32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 36. Forprojects on Major or Secondary thoroughfares,construction of anyresidential unit shall meet minimum soundproofing requirements prescribed pursuantto Section 1092 Aar and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. 37. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. BUILDING 38. Prior to any construction on-site, all appropriate permits must be secured. All Construction shall comply with Title 24 of the California Administrative Code. 39. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday. Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 40. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. WASTE DISPOSAL SERVICES 41. The location of the trash enclosures shall be submitted to the waste disposal service for approval. Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING STREETS 42. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 43. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 014X14 a(40 NORTH INDIAN CANYON DRIVE 44. Remove the existing curb and gutter located 32 feet east of centerline and replace with 8 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 45. Construct the north half of a cross gutter at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive to match the existing cross-gutter at the southeast corner of the intersection in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 46. Remove the existing asphalt concrete sidewalk and construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 47. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 212. 48. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"valuesfrom the projectsite and submitted tothe City Engineer for approval. 49. An in lieu fee of the proportionate share of the estimated cost to construct a 14-feet wide landscaped, raised median island from Francis Drive to the north property line shall be deposited with the City. Payment of the in lieu fee shall be made prior to issuance of building permits. FRANCIS DRIVE 50. Remove the existing roll curb located 18 feet north of centerline and replace with 6 inch curb and gutter located 20 feet north of centerline along the entire frontage,with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Francis Drive and North Indian Canyon Drive and at the northwest corner of the intersection of Francis Drive and Sunny View Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 51. Remove the existing cross gutter and spandrel and construct the west half of a 6 feet wide cross gutter at the northwest corner of the intersection of Francis Drive and Sunny View Drive with a flow line parallel with and 20 feet north of the centerline of Francis Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ;aAX7 52. Construct two (2) 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No.201. The centerlines of the driveway approaches shall be located approximately 170 feet and 450 feet east of the centerline of Indian Canyon Drive, as shown on the approved site plan. 53. Remove the existing sidewalk and construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 54. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Francis Drive and Sunny View Drive in accordance with City of Palm Springs Standard Drawing No. 212, 55. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. SUNNY VIEW DRIVE 56. Remove the existing roll curb located 18 feet west of centerline and replace with 6 inch curb and gutter located 18 feet west of centerline along the entire frontage,with a 25 feet radius curb return and spandrel at the northwest corner of the intersection of Sunny View Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 57. Construct five (5) 16 feet minimum width driveway approaches for parking spaces dedicated for Units 21 through 30 along Sunny View Drive in accordance with City of Palm Springs Standard Drawing No. 201. 58. Construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 59. Remove and replace existing pavement with a minimum pavement section of 2'/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. PRIVATE STREETS �a*, Aab 60. The on-site private streets shall consist of 24 feet wide two-way streets as shown on the approved site plan. All on-site private streets shall be constructed with a minimum pavement section of 2% inch asphalt concrete pavement over inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction. Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. 61. Parking shall be prohibited along private streets except for designated parking areas. 62. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas. SANITARY SEWER 63. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. 64. Extend the existing 8 inch sewer main located in Francis Drive from the existing manhole located east of Sunny View Drive along the entire frontage as required to provide sewer service to the project site. 65. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of three lateral connections to the extended sewer main located in Francis Drive. 66. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 67. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 68. Submit a Precise Grading Plan prepared by a Registered civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. r ' A B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of current Title Report. E. Copy of Soils Report. F. Copy of Hydrology Study/Report. 69. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 70. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No.760-346- 7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Precise Grading Plan. 71. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars($2,000.00)per acre for mitigation measures of erosion/blowsand relating to his property and development. 72. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 73. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 74. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of a grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 75. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site ),0 3D exceeds the capacity of offsite drainage structures (if any exist), and to determine required stormwater runoff mitigation measures for this project. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configurations consistent with the findings of the final hydrology study. 76. The project is subject to flood control and drainage implementation fees.The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 77. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch in accordance with City of Palm Springs Standard Drawing No. 115. 78. In accordance with Chapter 8.04,401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar servicewires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission,and service requirements published bythe utilities. The existing overhead utilities across the westerly and easterly property lines meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 79. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 80. The original grading, street, storm drainage, and other improvement plans approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of the certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. c�, A3/ 81. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a certificate of occupancy. 82. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 83. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 84. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 85. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 86. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 87. All damaged, destroyed, or modified pavement legends and striping shall be replaced to the City Engineer on the North Indian Canyon Drive, Francis Drive, and Sunny View Drive frontages prior to issuance of a Certificate of Occupancy. 88. A 36 inch "STOP" sign shall be installed in accordance with City of Palm Springs Standard Drawing No. 624 at the project exit. 89. A 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole shall be provided and installed at the northeast corner of North Indian Canyon Drive and Francis Drive with the mast arm over North Indian Canyon Drive. The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. 90. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 91. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 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 parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 2nd day of May, 2003, 1 served the within (NOTICE OF PUBLIC HEARING) on PLANNING COMMISSION CASE NO. 5.0948-PDD-283 and TTM 31263 to consider an application for a Preliminary Planned Development District for the development of 30 two-story residential units on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes, 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 and dated March 14, 2003, 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. i /Loretta D. Moffett Dated at Palm Springs, California, this 2"d day of May, 2003. ..E r; NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Case No. 5.0948-PDD-283 and Tentative Tract Map 31263 A Planned Development District (PD No. 283)for the development of 30 two-story residential units on 2.13 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2. Applicant: Anne Krizman NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of May 14,2003.The Planning Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:00 pm) in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for a Preliminary Planned Development District ) for the development of 30 two-story residential units, on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes. Pursuant to Section 15332 of the California Environmental Quality Act Guidelines,the project is an in-fill development, and therefore is exempt from further environmental review. The proposed site plan,architectural plans,tentative tract map and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunitywill begiven at said hearings forall interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. /"W W4 T6 r ougla R. Evans Director of Planning d qoi Fax to Desert Sun: April 30, 2003 Printed in Desert Sun: May 3, 2003 Mailing: May 2, 2003 Public Hearing Notices Notification Information Case No. 5.0948-PDD-283 and TTM 31253 Applicant Name: Anne Krizman Sunny View Modern Homes 727 Bay View Place Laguna Beach, CA 92651 Project Location & Description: Sunny View Drive between Simms Road, Francis Drive, Sunny View Drive and Indian Canyon Drive, Zone R-2, Section 2. 30-two-story single family homes with individual carports Assigned Planner: Alex Meyerhoff, Principal Planner Labels Prepared by: Yoav Shernock, Planning Technician Certification to City Clerk Date: May 6, 2003 Property Owners/Groups/ Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors May 2, 2003 1 Property Owners May 2, 2003 68 Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners -0- Neighborhood Coalition May 2, 2003 9 Homeowners Association -0- ONIPP -0- Agua Caliente Band of Cahuilla May 2, 2003 1 Indians City Rep for verification May 2, 2003 1 TOTAL NUMBER MAILED: 80 of v� M s'0i N City of Palm Springs Department of Planning &Zoning �� Fo0.N MEMORANDUM Date: May 2, 2003 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing Planning Commission Case No. 5.0948-PDD-283 and TTM 31263 Anne Krizman, Sunny View Modern Homes This is to certify that the attached labels were created on March 14, 2003 using the most current information available. To the best of my knowledge, the labels are complete and accurate. s67 CAC 4 Yoav Shernock, Planning Technician May2, 2003 :Idm 501031 012 501 031028 501 032 001 Allen Carrarutto Springs Community Redev Palm Elise Caves 290 E Simms Rd 3200 E Tahquitz Canyon Way 333 E Molino Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501032 002 501 032 003 501 041 004 Tadeusz Moskal Dene Sanders Sunnyview Villa 375 E Molino Rd 2198 Meyer PI PO Box 2915 Palm Springs, CA 92262 Costa Mesa, CA 92627 Edison, NJ 08818 501042 001 501 042 002 501 042 003 Sean Obrien Howard Askenase Charles&Deborah Rinehart 2089 Jacques Dr 6217 Glen Airy St 410 E Lindsey Dr Palm Springs, CA 92262 Los Angeles, CA 90068 Palm Springs, CA 92262 501043 001 501 043 002 501 043 003 Mildred Johnson&Lavorme Hill Mark Robbins Joseph Telarroja 2809 E Wyman Dr 680 W Ashurst Ct#I103 2875 E Wyman Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 004 501 043 005 501 043 006 Wayne Herndon Rick Apfelbeck Olga Cox 4-74 48 #30F 2977 E Wyman Dr 49641/2 S Centinela Ave Long Island City,NY 11109 Palm Springs, CA 92262 Los Angeles, CA 90066 501 043 007 501 043 008 501 043 009 Laura Davis Betty Shott Remijio&Maria Gonzalez 2950 N Sunnyview Dr 225 S Civic Dr#1-3 2828 N Sunnyview Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 010 501 044 001 501 044 002 Hazel Perry Harrison&Mallory Morse Sanford Scluffman 2808 N Sunnyview Dr 306 Edgewood Ave 964 Hancock Ave#303 Palm Springs, CA 92262 Mill Valley, CA 94941 West Hollywood, CA 90069 501 044 003 501 044 004 501 044 005 Judith Doyle&Shelley Doyle Frank&Elizabeth Slusarczyk Kathleen Day 2889 N Davis Way 2929 N Davis Way 2981 N Davis Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 044 006 501 044 007 501 044 008 Rodney Basich Joseph Lee Benjamin Funez Sierra 28831 Top Of The World Dr 2930 E Wyman Dr 2890 E Wyman Dr Laguna Beach, CA 92651 Palm Springs, CA 92262 Palm Springs, CA 92262 501044 009 501 044 010 501 051 001 James Lawson Stephen Kanold Gary George 2840 E Wyman Dr ' 2810 E Wyman Dr 325 E Francis Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501051 002 501 051 003 501 051 004 Mary Bradley Lillian Roberts Jean Aka Connolly Jean Herschensohn 2875 N Las Felices 209 419 E Francis Dr PO Box 1016 Palm Springs, CA 92260 Palm Springs, CA 92262 Palm Springs, CA 92263 501051 Ol l 501 051 012 501 051 013 Helen Beaver&Joseph Beaver Jr. Rodney&Maria Gonzalez Raymond&Rosie Gary 450 E Laurel Cir 404 E Laurel Cir 390 E Laurel Cir Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 014 501 051 015 501 051 016 James McCallum Juanita Bosworth Cheryl Nee 326 E Laurel Cir 303 E Laurel Cir 327 E Laurel Cir Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 017 501 051 018 501 051 019 La Vern Schwartz&Nell Schwartz Frederick Richard&Thalia Kelly Owi Jerry Whitworth 381 E Laurel Cir PO Box 727 455 E Laurel Cir Palm Springs,CA 92262 Pasadena, CA 91102 Palm Springs, CA 92262 501 051 027 501 051 028 501 051 029 Gary Kelb Bernard Lorusso Mary In Bates&Robert Tomei Unit 24603 #105 392 Sycamore Cir 3245 Octavia St#4 Apo, AE 09098 Palm Springs, CA 92262 San Francisco, CA 94123 501 051 030 501 051 041 504 040 038 Howard Brand Jr. &Carol Jones Luana Anita&Louis Ric Castellano Palm Sprgs Prop 1045 W Capistrano Ct PO Box 8294 2743 N Indian Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 504 122 003 504 122 004 504 122 005 Glenn Abney Charlene Claybaugh Budget Rent A Car Of Southern Calif 177 W Santa Catalina Rd 153 W Santa Catalina Rd 150 S Doheny Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Beverly Hills, CA 90211 504 122 006 504 122 007 504 122 008 David Francis Beedie Regal Homes Inc Ll 3131 N Indian Ave 1720 Skylark Ln NO ST ET NAME or NUMBER Palm Springs, CA 92262 Newport Beach, CA 92660 CA 504 122 009 504 122 010 504 123 003 Jack Fascinato Nagib Kattan&Judith Kattan Mark Ingram&David Knaus 22536 Styles St 521 N Palm Dr PO Box 976 Woodland Hills, CA 91367 Beverly Hills, CA 90210 Palm Springs, CA 92263 504 123 004 504 123 005 504 123 006 Anthony&Kathleen Ginise John Thompson&Clin Sallee-thompso Arthur&Busamalee Greenfield 1964 N Hidalgo Way 120 W Santa Clara Way 2161 E Joyce Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504 124 007 504 124 008 504 124 009 Glenn Texeira Terry Darby William Loper&Stephen Kroesing 166 W San Marco Way 165 W Santa Clara Way 154 W San Marco Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504 124 010 504 124 011 504 124 012 Clive Walter Scott&Joann Joyce Scott Terry Darby Bryan Krogan 20438 College Blvd 153 W Santa Clara Way 10825 Hartsook St Riverside,CA 92507 Palm Springs, CA 92262 North Hollywood, CA 91601 504 125 003 504 125 004 504 125 005 Billy Cross&Dennet Withington Accelerated Holdings Inc AccelXoB oldings Inc 5495 Bartlett Dr PO Box 3269 PO B San Bernardino, CA 92407 Redondo Beach, CA 90277 Redoh, CA 90277 504 125 008 J Paul Mcdonald 583 Kamoku St#PAI Honohdu,H1 96826 Pt 2 2 Neighborhood Coalition List MR BILL DAVIS AND as of March, 2003 MR PETER DIXON MS TRISHA DAVIS Case 5.0948, May 14, 2003 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 P.C. Hearing 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 TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE Tribal Representative=J-J-J=D=J-D--J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CITY REPRESENTATIVE -0 J-J PLANNING DEPARTMENT ATTN SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSOR MS ANNE KRIZMAN 727 BAY VIEW PLACE LAGUNA BEACH CA 92651 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 2"d day of May, 2003, I served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION CASE NO. 5.0948-PDD-283 and TTM 31263 to consider an application for a Preliminary Planned Development District for the development of 30 two-story residential units on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes, 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 and dated March 14, 2003, 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. ore a D. Moffett Dated at Palm Springs, California, this 2nd day of May, 2003. NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Case No. 5.0948-PDD-283 and Tentative Tract Map 31263 A Planned Development District (PD No. 28.3) for the development of 30 two-story residential units on 2.13 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2. Applicant: Anne Krizman NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of May 14,2003.The Planning Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:00 pm) in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for a Preliminary Planned Development District ) for the development of 30 two-story residential units, on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes. Pursuant to Section 15332 of the California Environmental Quality Act Guidelines,the project is an in-fill development, and therefore is exempt from further environmental review. The proposed site plan,architectural plans,tentative tract map and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. /Ju P ougla R. Evans Director of Planning d Zo i g Fax to Desert Sun: April 30, 2003 Printed in Desert Sun: May 3, 2003 Mailing: May 2, 2003 v� M s City of Palm Springs Department of Planning &Zoning MEMORANDUM Date: May 2, 2003 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing Planning Commission Case No. 5.0948-PDD-283 and TTM 31263 Anne Krizman, Sunny View Modern Homes This is to certify that the attached labels were created on March 14, 2003 using the most current information available. To the best of my knowledge, the labels are complete and accurate. 1 Yoav 9ffernock, Planning Technician May2, 2003 :Idm 501051002 501051003 • 501051004 Mary Bradley Lillian Roberts Jean Aka Connolly Jean Herschensohn 2875 N Las Felices 209 419 E Francis Dr PO Box 1016 Palm Springs, CA 92260 Palm Springs, CA 92262 Palm Springs, CA 92263 501 051 011 501 051 012 501051 013 Helen Beaver&Joseph Beaver Jr. Rodney&Maria Gonzalez Raymond&Rosie Gary 450 E Laurel Cir 404 E Laurel Cir 390 E Laurel Cir Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 014 501 051 015 501 051 016 James Mcc<allum Juanita Bosworth Cheryl Nee 326 E Laurel Cir 303 E Laurel Cir 327 E Laurel Cir Patin Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 017 501 051 018 501 051019 La Vern Schwartz&Nell Schwartz Frederick Richard&Thalia Kelly Owi Jerry Whitworth 381 E Laurel Cir PO Box 727 455 E Laurel Cir Palm Springs,CA 92262 Pasadena, CA 91102 Palm Springs, CA 92262 501051 027 501 051 028 501 051 029 Gary Kelb Bernard Loiusso Mary 7o Bates&Robert Tomei Unit 24603 #105 392 Sycamore Cir 3245 Octavia St#4 Apo,AE 09098 Palm Springs, CA 92262 San Francisco, CA 94123 501 051 030 501 051 041 504 040 038 Howard Brand Jr. &Carol Jones Luana Anita&Louis Ric Castellano Palm Sprgs Prop 1045 W Capistrano Ct PO Box 8294 2743 N Indian Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 504 122 003 504 122 004 504 122 005 Glenn Abney Charlene Claybaugh Budget Rent A Car Of Southern Calif 177 W Santa Catalina Rd 153 W Santa Catalina Rd 150 S Doheny Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Beverly Hills, CA 90211 504 122 006 504 122 007 504 122 008 David Francis Beedie Regal Homes Inc Lr 3131 N Indian Ave 1720 Skylark Ln NOS ET NAME or NUMBER Palm Springs, CA 92262 Newport Beach, CA 92660 CA 504 122 009 504 122 010 504 123 003 Jack Fascmalo Nagib Kattan&Judith Kattan Mark Ingram&David Knaus 22536 Styles St 521 N Palm Dr PO Box 976 Woodland Hills, CA 91367 Beverly Hills, CA 90210 Palm Springs, CA 92263 504 123 004 504 123 005 504 123 006 Anthony&Kathleen Gimse John Thompson&Clin Sallee-thompso Arthur&Busamalee Greenfield 1964 N Ilidalgo Way 120 W Santa Clara Way 2161 E Joyce Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Neighborhood Coalition List MR BILL DAVIS AND as of March, 2003 MR PETER DIXON MS TRISHA DAVIS Case 5.0948, May 14, 2003 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 P.C. Hearing 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 TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE Tribal Representative-J=J=D-J-JJ=J-J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CITY REPRESENTATIVE PLANNING DEPARTMENT ATTN SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSOR MS ANNE KRIZMAN 727 BAY VIEW PLACE LAGUNA BEACH CA 92651 504 124 007 504 124 008 504 124 009 Glenn Texeira Terry Darby William Loper&Stephen Kroesing 166 W San Marco Way 165 W Santa Clara Way 154 W San Marco Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504 124 010 504 124 011 504 124 012 Clive Walter Scott&Joann Joyce Scott Terry Darby Bryan Krogan 20438 College Blvd 153 W Santa Clara Way 10825 Hartsook St Riverside, CA 92507 Palm Springs, CA 92262 North Hollywood, CA 91601 504 125 003 504 125 004 504 125 005 Billy Cross&Dennet Withington Accelerated Holdings Inc Accele ted oldings Inc 5495 Bartlett Dr PO Box 3269 PO Box X69 San Bernardino, CA 92407 Redondo Beach, CA 90277 Redo o B ch, CA 90277 504 125 008 J Paul Mcdonald 583 Kamoku St#PA1 Honolulu,HI 96826 501 031 012 • 501 031 028 501 032 001 Allen Canarutto Springs Community Redev Palm Elise Caves 290 E Sirmns Rd 3200 E Tahgtutz Canyon Way 333 E Molino Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 032 002 501 032 003 501 041 004 Tadeusz Moskal Dene Sanders Sunnyview Villa 375 E Molino Rd 2198 Meyer PI PO Box 2915 Palm Springs,CA 92262 Costa Mesa, CA 92627 Edison, NJ 08818 501042 001 501 042 002 501 042 003 Sean Obrien Howard Askenase Charles&Deborah Rinehart 2089 Jacques Dr 6217 Glen Airy St 410 E Lindsey Dr Palm Springs, CA 92262 Los Angeles, CA 90068 Palm Springs, CA 92262 501043 001 501 043 002 501 043 003 Mildred Johnson&Lavonne Hill Mark Robbins Joseph Telarroja 2909 E Wyman Dr 680 W Ashurst Ct 41103 2875 E Wyman Dr Patin Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 004 501 043 005 501 043 006 Wayne Herndon Rick Apfelbeck Olga Cox 4-74 48#30F 2977 E Wyman Dr 49641/2 S Centinela Ave Long Island City,NY 11109 Palm Springs, CA 92262 Los Angeles, CA 90066 501 043 007 501 043 008 501 043 009 Laura Davis Betty Shott Remijio&Maria Gonzalez 2950 N Sunnyview Dr 225 S Civic Dr#1-3 2828 N Sunnyview Dr Patin Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 010 501 044 001 501 044 002 Hazel Perry Harrison&Mallory Morse Sanford Scluffman 2808 N Sunnyview Dr 306 Edgewood Ave 964 Hancock Ave#303 Palm Springs, CA 92262 Mill Valley, CA 94941 West Hollywood, CA 90069 501 044 003 501 044 004 501 044 005 Judith Doyle&Shelley Doyle Frank&Elizabeth Slusarczyk Kathleen Day 2889 N Davis Way 2929 N Davis Way 2981 N Davis Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 044 006 501 044 007 501 044 008 Rodney Basich Joseph Lee Benjamin Funez Sierra 28831 Top Of The World Dr 2930 E Wyman Dr 2890 E Wyman Dr Laguna Beach, CA 92651 Palm Springs, CA 92262 Palm Springs, CA 92262 501 044 009 501 044 010 501 051 001 James Lawson Stephen Kanold Gary George 2840 E Wyman Dr ' 2810 E Wyman Dr 325 E Francis Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 • VICINITY MAP Lj � ► oaf 386 Aa d Ip I M I� w + � i � l I 04l � Q �I � I U I a O c c n 2.13 Act co Project Site �~° --,Francis Drive =-i= F 1 r n•rr�•'E CITY OF PALM SPRINGS CASE NO. Case No. 5.0948-PDD-283 and DESCRIPTION Tentative Tract Map 31263 -- A f5ldnned Development District(PD No.283)for the APPLICANT development of 30 two-story residential units on 2.13 acres Anne Krizman and a Tentative Tract Map for a single lot subdivision for condominium purposes,located at the north east corner of Indian Canyon Drive and Francis Drive,Zone R-2,section 2. Public Hearing Notices Notification Information Case No. 5.0948-PDD-283 and TTM 31253 Applicant Name: Anne Krizman Sunny View Modern Homes 727 Bay View Place Laguna Beach, CA 92651 Project Location & Description: Sunny View Drive between Simms Road, Francis Drive, Sunny View Drive and Indian Canyon Drive, Zone R-2, Section 2. 30-two-story single family homes with individual carports Assigned Planner: Alex Meyerhoff, Principal Planner Labels Prepared by: Yoav Shernock, Planning Technician Certification to City Clerk Date: May 6, 2003 Property Owners/Groups/ Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors May 2, 2003 1 Property Owners May 2, 2003 68 Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners -0- Neighborhood Coalition May 2, 2003 9 Homeowners Association -0- ONIPP -0- Agua Caliente Band of Cahuilla May 2, 2003 1 Indians City Rep for verification May 2, 2003 1 TOTAL NUMBER MAILED: 80 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. 5.0948- PDD-283 and Tentative Tract Map 31263 for the development of 30 two- story residential units and a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2; applicant, Krizman Desert Investments, was mailed to each and every person on the attached list on the 4th 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. Dated at Palm SprirtQs, California, this 4th day of June, 2003. (1;6ji)- PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0948-PDD-283 and Tentative Tract Map 31263 A Planned Development District (PD No. 283) for the development of 30 two-story residential units on 2.13 acres and a Tentative Tract Map for a single lot subdivision for condominium purposes, located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2. Applicant: Krizman Desert Investments NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 18, 2003. The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for a Preliminary Planned Development District)for the development of 30 two-story residential units, on 2.13 acres, in lieu of a change of zone and a Tentative Tract Map for a single lot subdivision for condominium purposes. The Planned Development District would incorporate the following departures from the zoning ordinance: 1)On Sunny View Drive the code requires a 25'setback. Carports on Sunny View Drive are proposed with a 20' setback to property line, and cantilevered an additional 4' into the setback area;2)A 20'setback is required on Francis Drive,while proposed setbacks are 18'(first story)and 16"-6"(second story); and 3) A six foot wall height is allowed by ordinance, while a 7' decorative block wall is proposed on fhe north property line. Pursuant to Section 15332 of the California Environmental Quality Act Guidelines, the project is an in-fill development, and therefore is exempt from further environmental review. The proposed site plan,architectural plans,tentative tract map and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunitywill be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. Patricia Sanders Publish: June 6, 2003 City Clerk The Desert Sun VICINITY MAP PIX , 386 Ala it " I I - a I I ti a v 041 •L 0 � o � � JI >, a a � � N 2.,3 Act Project" Site I ,tl Lse655 ra � aE � ° ..^Francis Drive-- . a�rs�,• E CITY OF PALM SPRINGS CASE NO. Case No. 5.0948-PDD-283 and I DESCRIPTION Tentative Tract Map 31263 ' A Plan`ne'6evelopment District(PD No.283)for the APPLICANT development of 30 two-story residential units on 2.13 acres Anne Krarr an and a Tentative Tract Map for a single lot subdivision for condominium purposes,located at the north east corner of Indian Canyon Drive and Francis Drive,Zone R-2,Section 2. Neighborhood Coalition- May 2003 MR BILL DAVIS AND Case#5.0948-PDD-283 &TTM 31263 MR PETER DIXON MS TRISHA DAVIS Krizman Desert Investments 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA City Council Hearing 6-18-03 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 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 TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE Tribal Representative-'J-0-0=J-D=04> 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CITY REPRESENTATIVE =J=D=J PLANNING DEPARTMENT ATTN SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSOR MS ANNE KRIZMAN 727 BAY VIEW PLACE LAGUNA BEACH CA 92651 501031 012 31 8 501 032 001 Allen Canamtlo Sprit mmunity Redev Palm Elise Caves 290 E Simms Rd 3 0 E Talr ritz Canyon Way 333 E Molino Rd Palm Springs, CA 92262 , m Springs, 92262 Palm Springs, CA 92262 501032 002 501 032 003 501 041 004 Tadeusz Muskat Dene Sanders Sunnyview Villa 375 E Molino Rd 2198 Meyer PI PO Box 2915 Palm Springs, CA 92262 Costa Mesa, CA 92627 Edison,NJ 08818 501042 001 501 042 002 501 042 003 Sean Obrien Howard Askenase Charles&Deborah Rinehart 2089 Jacques Dr 6217 Glen Airy St 410 E Lindsey Dr Palm Springs, CA 92262 Los Angeles, CA 90068 Palm Springs, CA 92262 501 043 001 501 043 002 501 043 003 Mildred Johnson&Lavonne Hill Mark Robbins Joseph Telarroja 2809 E Wyman Dr 680 W Ashurst Ct#I103 2875 E Wyman Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 004 501 043 005 501 043 006 Wayne Herndon Rick Apfelbeck Olga Cox 4-74 48#30F 2977 E Wyman Dr 49641/2 S Centinela Ave Long Island City,NY 11109 Palm Springs, CA 92262 Los Angeles, CA 90066 501 043 007 501 043 008 501 043 009 Laura Davis Betty Shott Remijio&Maria Gonzalez 2950 N Sunnyview Dr 225 S Civic Dr#1-3 2828 N Sunnyview Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 043 010 501 044 001 501 044 002 Hazel Perry Harrison&Mallory Morse Sanford Schiffinan 2808 N Sunnyview Dr 306 Edgewood Ave 964 Hancock Ave 4303 Palm Springs, CA 92262 Mill Valley, CA 94941 West Hollywood, CA 90069 501 044 003 501 044 004 501 044 005 Judith Doyle&Shelley Doyle Frank&Elizabeth Slusarczyk Kathleen Day 2889 N Davis Way 2929 N Davis Way 2981 N Davis Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 044 006 501 044 007 501 044 008 Rodney Basich Joseph Lee Benjamin Funez Sierra 28831 Top Of The World Dr 2930 E Wyman Dr 2890 E Wyman Dr Lagmm Beach, CA 92651 Palm Springs, CA 92262 Palm Springs, CA 92262 501 044 009 501 044 010 501 051 001 Jaynes Lawson Stephen Kanold Gary George 2840 E Wyman Dr ' 2810 E Wyman Dr 325 E Francis Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 051 OK 501 051 003 501 051 004 M adley Lillian Roberts Jean Aka Connolly Jean Herschensohn 287 s Felices 209 419 E Francis Dr PO Box 1016 P, m Sprin CA 92260 Palm Springs, CA 92262 Palm Springs, CA 92263 501 051 Ol l 501 051 012 501 051 013 Helen Beaver&Joseph Beaver Jr. Rodney&Maria Gonzalez Raymond&Rosie Gary 450 E Laurel Cir 404 E Laurel Cir 390 E Laurel Cir Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 014 501 051 015 501 051 016 James Mccallmn Juanita Bosworth Cheryl Nee 326 E Laurel Cir 303 E Laurel Cir 327 E Laurel Cir Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 501 051 017 501 051 018 501 051 019 La Vern Schwartz&Nell Schwartz Frederick Richard&Thalia Kelly Owi Jerry Whitworth 381 E Laurel Cir PO Box 727 455 E Laurel Cir Palm Springs, CA 92262 Pasadena, CA 91102 Palm Springs, CA 92262 501 051 027 501 051 028 501 051 029 Gary Kelb Bernard Lorusso Mary In Bates&Robert Tomei Unit 24603 #105 392 Sycamore Cir 3245 Octavia St#4 Apo,AE 09098 Palm Springs, CA 92262 San Francisco, CA 94123 501 051 030 501 051 041 504 040 038 Howard Brand Jr. &Carol Jones Luana Anita&Louis Ric Castellano Palm Sprgs Prop 1045 W Capistrano Ct PO Box 8294 2743 N Indian Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 122 0 504 122 004 504 122 005 Glen ney Charlene Claybaugh Budget Rent A Car Of Southern Calif 177 to Catalina Rd 153 W Santa Catalina Rd 150 S Doheny Dr P m Sprii s, CA 92262 Palm Springs, CA 92262 Beverly Hills, CA 90211 504 122 006 504 122 007 504 122 008 David Francis Beedie Regal Homes Inc Li 3131 N Indian Ave 1720 Skylark Ln NO ST PPT NAME or NUMBER Palm Springs, CA 92262 Newport Beach, CA 92660 , CA 504 122 009 504 122 010 504 123 003 Jack Fascinato Nagib Kaftan&Judith Kaftan Mark Ingram&David Knaus 22536 Styles St 521 N Palm Dr PO Box 976 Woodland Hills, CA 91367 Beverly Hills, CA 90210 Palm Springs, CA 92263 504 123 004 504 123 005 504 123 006 Anthony&Kathleen Ginise John Thompson&Clin Sallee-thompso Arthur&Busamalee Greenfield 1964 N Hidalgo Way 120 W Santa Clara Way 2161 E Joyce Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 5 4 124 00 504 124 008 504 124 009 Gle T eira Terry Darby William Loper&Stephen Kroesing 166 W n Marco Way 165 W Santa Clara Way 154 W San Marco Way Pal Sprin , CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 504 124 010 504 124011 504 124 012 Clive Walter Scott&Joann Joyce Scott Terry Darby Bryan Krogan 20438 College Blvd 153 W Santa Clara Way 10825 Hartsook St Riverside, CA 92507 Palm Springs, CA 92262 North Hollywood, CA 91601 504 125 003 504 125 004 504 125 005 Billy Cross&Deimet Willrington Accelerated Holdings Inc Accele ted oldings Inc 5495 Bartlett Dr PO Box 3269 PO Box 69 San Bernardino, CA 92407 Redondo Beach, CA 90277 Redo o B ach, CA 90277 504 125 008 J Paul Mcdonald 583 Kamoku St#PA1 Honolulu,HI 96826 L d II I l a J IJ 9- o W p n W Z, VI W W V1 501 051 CC O FrederigkRicbar PO Boa 727 d&Thalia Kelly Owi 0 Z °asadeha, CA Q 91102 i a �'1 - ------------ x O W o Z V) — °° u� gs � a J a .__- -2743 _art 009 604 670 Barbara Wasko Pain i N Avenida Caballeros#17 �._,. SPriugs, CA 92262 d 7U _.._ - a 'Iry ,d dklcw a, I _ E N D E R �k' �fpy ' --------------- - 5Cl r 508 060 009 La Mancha Resorl Lie 107 213 007 3520 Burton Dr Victor Rodriguez '22 112 N Gower St os Angeles, CA 90004 T ------------ - � r� Sol Galy Os,00 fy I 32S�,100 CA 9226_1 'pr C"ri, 11 FD 922632743-- 504 125008 3 Paul Mcdouald 583 KamoVu St 4PAI Honolulu M 96826 PROOF OF PUBLICATION This is space for County Clerk's (2015.5.C.C.P) STATE OF CALIFORNIA No.u402 County of Riverside - NOTION OF PUBLIC h:l=_ARnaG - py r4P1S`dlraCi COfJffAn3ClOtV - CITY OF PALM SPRINCS Co.. No. 5.0048-PEIP-203 sued Tentative l'rest Map 31263 A Manned Development District (PD No. 283) for the development of 30 Iwo-story residential units on 2.13 acres, and a Tentative Teat Map for a single lot subdivision for condominium purpores, located at the nonh east canner oe Indian Canyon Drive and Fmncla Drive, Zone 11-2, Section 2 I am a citizen of the United States and a resident of Applicant Anna lcri=man the County aforesaid; I am over the age of eighteen BODICE IS HEREBY GIVEN that the Planning Commisslan of the City of Palm Springs, Callfor- years,and not a party to or interested in the nia, will hold a ruble healing at its meeting of above-entitled matter.I am the principal clerk of a May 14, 2003.Tha Planning Commission meeting p p be ins at 1'30 p.m.(Public Floorings begin at z'00 tinter of the,DESERT SUN PUBLISHING qtr in_the City Council Chamber at City Hall, P 200 L Tahquitz Canyon glay, Palm Springs, COMPANY a newspaper of general circulation, California printed and published In the city of Palm Springs, The purpose of the hearing is to consider an ep- pplicaLon for a Preliminary Planned Devalopment County of Riverside,and which newspaper has been � Oise iet)for the development of Planned two-story Development adjudged a newspaper of general circulation b the derrtial units, on z 13 acres,in lieu of a change of 1 gg y zone and a tentative Tract Map fora angle lot Superior Court of the County of Riverside,State of subdivision for condominium purposes. California under the date of March 24, 1988.Case " 'VICINITY lvh'iP ^ - Number 191236; that the notice,of which the t r l annexed is a printed copy(set in type not smallerp i than non pariel,has been published in each regular and entire issue of said newspaper and not in any I'• supplement thereof on the following dates,to wit: { May 12a' ^ - e �J All in the year 2003 rvora ur Pi ro I certify(or declare)under penalty of perjury that the foregoing 19 true and correct. i Pursuant to Section 15332 of the Callfoinia Envi- 5O1i ronmental Quality Act Cordehnes,the project is an Dated at Palm Springs,California this-------day in-fill development, and therefore is exempt from further emamilin rat review May propose The propd site Ian, architectural plans, tenta- p Of_____________________________________-2003 4ve tract map and related documents are avert- able for public review dark, between 8 am and 5 pm at [lie ity of Palm Srings in the Planning and_Zonin Departmart, located at 3200 Tahquitz — ____ g Canyon Way. ------------ --- --- --"-� ----------------------`-- If, any ndividual or group challenges the action in Signature cow t, I usaes raised may bo limrtecl to only those sues raised at the public heaungs described in this notice or In written correspondence at or pri- or to the Cammiealon meeting. Note,of Public Hearing is bejn sent to all Fare- city owners within four hurdle�(400) feet of the subject property. An opportunely will he given at said Footings for all intoiested persons to be heard Questions regarding this case may be di- rected to Alex Nleyerhoff, PnncigpI Planne, Da- pailment of Planning £ Zoning, (]S0)323-8245. /s/Ale;(Mayerhoff far Douglas R Evans Director'of Planning and Zoning PUB' May 5, 2003 rr PROOF OF PUBLICATION This is space for County Clerk's Fllmg Stamp (2015.5.C.C.P) No.4729 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0948-PDO-283 and STATE OF CALIFORNIA Tentative Tract Map 31263 Count of Riverside A Planned Development District(PC) No. 283) for y vers the development of 30 two-story residential units on 2.13 acres and a Tentative Tract Map for a' sngle lot subdivision for condominium purposes,) located at the north east corner of Indian Canyon Drive and Francis Drive, Zane R-2, Section 2. Applicant Krlzman Desert Investments NOTICE IS HEREBY GIVEN that the City, ity Council of the City of Palm Springs, California,will hold a public hearing at its meeting of June 18, 2003. The City Council meeting begins at 700 p.m. in the City Council Chamber at City Hall, 3200 E. TahquRz Canyon Way, Palm Springs, California. I am a citizen of the United States and a resident of The purpose of the hearing is to consider an ap- plication for a Preliminary Planned Development the County aforesaid;I am over the age of eighteen District)for the development of 30 two-story rest- denfial units,on 2.13 acres, in lieu of a change of years,and not a party to or interested In the zone and a Tentative Tract Map for a single lot above-entitled matter.I am the principal clerk Of a subdivision for condominium purposes. ThePlanned Development District would incorporate 1 inter of the,DESERT SUN PUBLISHING the following departures from the zoning'ordr P nonce: 11 On Sunny View Drive the code requires COMPANY a newspaper of general circulation, a 25' sefhack Car p.cr s on Sunny View Drive are proposed with a 20' setback to property line,and printed and published in the city of Palm Springs, cantilevered an additional 4' Into the setback or- Countyof Riverside,and which newspaper has been ea:2) A 20' setback is required on Francis Drive, while proposed setbacks are 18' (first story) and adjudged a newspaper er of general circulation b the 16"-6' (second story); and 3) A six foot wall I g P•P 6' Y height is allowed by ordinance,while a 7' decora- Superior Court of the County of Riverside,State of tive block wall is proposed On the north property line. California under the date of March 24, 1988.Case Number 191236;that the notice,of which the VICINITY MAP annexed is a printed copy(set in type not smaller w I� than non pariel,has been published in each regular f (- and entire issue of said newspaper and not in any I� }4 supplement thereof on the following dates,to wit: i €i € June 6"' c Pm;xv See. mt ' fYiY of 1`1 sPPINGS All in the year 2003 I certify(or declare) under penalty of perjury that the -' foregoing is true and correct. Pursuant to Section 15332 of the California Envi- ronmental Quality Act Guidelines,the project is an In-fill development, and therefore is exempt from Dated at Palm Springs,California this--------day further environmental review. June The proposed site plan, architectural plans,tenta- tive tract map and related documents are avail- of------------------------ --,2003 able for public review daily, between 8 am and 5 71 pm at the City of Palm Springs In the Planning and Zoning Department, located at 3200 TahquRz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those Signature issues raised at the public hearings described in this notice or in written correspondence at or pri- orto the City Council meeting. Notice of Public Hearing is being sent to all prep- art y owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be di- rected to Alex Meyerhoff, Principal Planner, De- partment of Planning 8 Zoning, 60)323-8245. Patricia Sanders City Clerk PI �. lone F 9nf' . RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0948-PD-283, AN APPLICATION BY KRIZMAN DESERT INVESTMENTS, LLC, FOR A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP 31263, FOR THE SUBDIVISION OF A 2.13 ACRE PARCEL INTO A SINGLE LOT FOR CONDOMINIUMS PURPOSES AND FOR DEVELOPMENT OF 30 TWO-STORY CONDOMINIUMS, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE, ZONE R-2, SECTION 2. WHEREAS, Krizman Desert Investments("Applicant')filed an application with the City pursuant to Sections 94.03.00 and 94.02.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan for a 30-unit two story, residential project for the property located at the north east corner of Indian Canyon Drive and Francis Drive, Zone R-2, Section 2; and WHEREAS, an the applicant has filed an application with the City pursuant to Section 9.62.00 et. seq. of the Municipal Code for Tentative Tract Map 31263 for the subdivision of a 2.12 acre parcel into a single parcel for subdivision purposes; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Tentative Tract Map 31263 and a Planned Development District 5.0948-PD-283 (PD 283)was issued in accordance with applicable law; and WHEREAS, said Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, on May 14, 2003 and May 28, 2003, a public hearing on the application for TTM 31263 and Case No 5.0948-PD-283 was held by the Planning Commission in accordance with applicable law; and WHEREAS,the Planning Commission 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; and WHEREAS, on May 28, 2003, the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on June 18, 2003, a public hearing on the application for TTM 31263 and Case No 5.0948-PD-283 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. CA 40)"S, THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, pursuant to Section 15332 of the California Environmental Quality Act Guidelines, the project is an in-fill development, and therefore is exempt from further environmental review. Section 2: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance for the underlying R-2 zone, limited multiple family residential development, condominiums, are a permitted use. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of subdividing 2.12 acres into a single lots for condominiums purposes. The site has a current zoning designation of R-2 and a General Plan designation of Residential Medium-15 (15du/ac). The applicant is proposing a Planned Development District(PDD)and Tentative Tract Map(TTM 31263). The proposed project includes 30 two-story condominiums. The project also includes private recreational opportunities (swimming pools, and spas). Unit sizes will range from 1,600 square feet to 1,900 square feet. The development will have a primary access from Sunny View Drive and exit to Indian Canyon Avenue, both of which are public streets. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. This Planned Development District application proposes to provide specific development standards for the project as well as a preliminary development plan as provided for by Zoning Code Section 94.03.00. Approval by the Planning Commission and City Council of the preliminary development will constitute approval of the Preliminary Planned Development District. The site is zoned R-2 "Limited multiple family residential zone". Pursuant to the R-2 zone, Section 92.03.01.A.2 of the Zoning Ordinance, Multi-Family dwellings are permitted in the zone. A number of facts exist in support of this application for PD-283, including the provisions for common area improvements with 1.06 acres of area, or 50% of the site, devoted to common open space and amenities in addition to the provision of private rearyards patios and balconies. The site is adequate in size and shape to accommodate the proposed uses, and the proposed project is within allowable density of the underlying R-2 zone. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building,and other regulations to protect the public health,safety, and general welfare of the existing neighborhood in which this project is located. Section 3: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 et. sec. of the Zoning Ordinance, the City Council finds that: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the Residential M-15,Medium-Density Residential,General Plan designation which governs the subject property as well as all property adjacent to the subject site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the underlying R-2 zone in which the property is located. The proposed project is consistent with existing development in the immediate vicinity of the proposed project, particularly the existing two story, multi-family residences located to the north and south. C. The site is physically suited for this type of development. The project site is fairly level and contains adequate develop able building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. City zoning criteria for the underlying R-2 zone and M-15 General Plan designation encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. Pursuant to Section 92.03.00 of the Zoning Ordinance, the R-2 zone is intended for the development of mediums-density multiple family residences. The proposed project will allow for a housing opportunity which provides common open space amenities, private balconies and patios and condominium ownership. There is demand for this type of housing product in the community. The project will provide needed housing product within the community. 04 3 The General Plan Designation of M-15 permits establishment of a maximum of 15 dwelling units per acre.The proposed density of 14.08 dwelling units per acre is within the allowable range of density. Thus, the site is physically suited for the proposed condominium project, and the density of the project is consistent with the General Plan. The proposed project which incorporates a more creative approach in the development of land and allows for more usable open space areas, therefore the proposed project is consistent with the provisions of the zoning ordinance. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The project site is surrounded by development. The project is adjacent to existing developments to the north, south, east and west. There are no bodies of water on the subject property and therefore no fish will be disturbed. The project site is of little or no value as habitat area. f. An easement for Southern California Edison transects the property. Two separate electrical lines, one located along the west perimeter of the site and the other located in the south-east corner of the site will be relocated underground by the applicant. NOW,THEREFORE, BE IT RESOLVED that,based upon the foregoing,the City Council hereby approves Case No. 5.0948-PD-283; and Tentative Tract Map 31263, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 18th day of June, 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: a�� y