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HomeMy WebLinkAbout2/20/2002 - STAFF REPORTS (19) Date: February 20, 2002 To. City Council From: Director of Planning and Building CASE #20.156: REQUEST BY RIVERSIDE, COUNTY TRANSPORTATION AND LAND MANAGEMENT FOR CITY COMMENTS ON IMPROVEMENTS TO PROPERTY LOCATED AT 59-871 HIGHWAY 111, ZONE CPS, SECTION 24. THIS PROPERTY IS LOCATED IN THE CITY OF PALM SPRINGS SPHERE. OF INFLUENCE. RECOMMENDATION: That the City Council adopt the attached resolution recommending that Riverside County impose the attached Conditions of Approval. The applicant is TGNC, Inc. (Mr. Paul Zech owner). SUMMARY: The subject property is located near Western Village near Windy Point. The proposed commercial land use is consistent with County zoning. The recommendation from the Planning Commission is consistent with City of Palm Springs policies, codes, and ordinances with the exception of land use. This item is scheduled for the Riverside County Planning Director's Hearing on February 25, 2002. BACKGROUND: The subject property is located in the City of Palm Springs Sphere of Influence. Existing improvements to the property include three permanent structures, a number of trailers, and improvements to the parking lot. The City General Plan designates the property as Residential Low2/Government. As noted above,the County zoning for the subject property allows commercial land uses. Staff has not received the County staff report for this proposal. It appears the subject use was established without appropriate land use approvals. City staff has observed that the permanent structures are currently utilized as a gift shop, a restroom facility, and a storage building. Also on the site are storage of animals, trailers for both storage and possibly residential use, and storage of debris. This property has displayed a sign advertising "Official Visitor's Center" in the past. The attached letter was sent to the property owner regarding this sign. Subsequently, the sign was modified to delete "Official" from the sign. The Planning Commission reviewed the proposed project and has recommended a set of requirements for this project if it is approved. Recommended conditions include limiting uses of the site, a new sign location and size, building color, prohibition of keeping animals, prohibition of overnight parking, limits on storage of goods, additional landscaping, parking lot improvements, trash enclosures, and exterior lighting. The site is fairly well kept with some debris stored in the rear. Planning Commission recommends that such debris be removed. The gift shop is a bright yellow color in the front with a purple trim. The remainder of the building and other on-site buildings are a tan color. The Planning Commission recommends tan, as a more appropriate and attractive color for this project. The parking lot does not include shading and has minimal landscaping. Planning Commission recommends that there be additional landscaping in and around the parking area and yard. There should be screening around all trash enclosures, keeping all waste out of sight from visitors and secured from the high winds of the area. Enclosures should be constructed of masonry block and painted to match the tan of the facility. Handicap accessibility should be provided so that all areas of the facility can easily be accessed. CONCLUSION: That the Planning Commission, at the February 13, 2002 meeting, by a 5:1 vote, adopted the attached conditions of approval and recommends that the City Council request Riverside County to address the matters noted. muc Director o tanning and Building City Manager ATTACHMENTS: 1. Vicinity Map 2. Resolution / Conditions of Approval 3. August 17, 2001 letter to Mr, Paul Zech from Burke, Williams & Sorensen VICINITY MAP fill _ M � l�-Ll24 1-9 - m 1 k ? 3D CITY OF PALM SPRINGS CASE NO. 20.156 DESCRIPTION Improvements to Property Located South of Highway APPLICANT I I and Identified By APN 522-200-022, Zonc CPS, Riverside County Trans & Land Mana-pement Section 24. This Property is Located in The City of Palm Springs Sphere of hiflucnce. PALM City of Palm Springs R O� SfT .� Department of Planning&Building Planning Division 4�« i . .,,,FOIL`' MEMORANDUM Date: February 2, 1998 To: Distribution From: Doug Evans, Director of Planning&Building Subject: ANNEXATION#26- SERVICES To facilitate further discussion regarding the provision of services related to Annexation 926 and the agreements with Riverside County and its agencies,the following is attached: LAFCO Resolution No. 69-93 approving Annexation#26 Map of Annexation 426/Service Areas Plan for Services(submitted to LAFCO as part of annexation application) Table of Projected Recurring Revenues&Costs(from Fiscal Analysis prepared for annexation application) lrl 1 1pcal Agency Formation Commission County of Riverside . 2 ' 3 RESOLUTION No. 69-93 4 APPROVING THE PROPOSED REORGANIZATION OF TERRITORY 5 TO THE CITY OF PALM SPRINGS 6 LAFCO No. 93-28-3 7 8 BE IT RESOLVED AND DETERMINED by the Local Agency 9 Formation Commission in regular session assembled on October 28, 10 1993, that the reorganization to include annexation of 11 approximately 8,000 acres, as more particularly described in 12 Exhibit "All, attached hereto and made a part hereof, to the City 13 of Palm Springs, is approved. 14 BE IT FURTHER RESOLVED, DETERMINED AND FOUND that: 15 1. Commission proceedings were commenced by 16 resolution of application by the City of Palm Springs. 17 2. The reorganization is proposed to provide more 18 municipal services by the City of Palm Springs. 19 3. The distinctive short form designation of the 20 proposed annexation is LAFCO No. 93-28-3, Reorganization to 21 Include Annexation No. 26 to City of Palm Springs. 22 4. The City of Palm Springs, as lead agency, 23 certified an Environmental Impact Report and has complied with 24 the California Environmental Quality Act and all appropriate 25 State Guidelines, and the Commission has reviewed and considered 26 the environmental documentation. 27 5. The boundaries of the territory as set forth in 28 Exhibit "A", attached hereto and incorporated herein by this R L AGEN FOR ATMATIOONM _ FOR �1 COMMISSION .02 TxN 9i9[[T 99rrS *AD 'ww10t CALIFCRNIA 92501-3079 I reference, have been approved by the - County Surveyor, are 2 contiguous to the City of Palm springs, and are approved. i 3 6. The proposed reorganization is approved subject I 4 to the following terms and conditions: 5 a. Prior to the recordation of a Certificate of 6 Completion: 7 1. The City and County Shall execute an 8 agreement providing for the provision of fire and police 9 protection services by the City of Palm Springs within the areas 10 of Snow Creek and Windy Point as determined by such agreement 11 until such time as the areas are annexed to the City. 12 11. The City and County shall enter into an 13 agreement allowing for the continuity of permit processing for 14 Wind Energy Conversion Systems proposals. The intent of this 15 condition is to avoid potential delays caused by reinitiating 16 the permitting process with the successor jurisdiction. 17 b. The City of Palm Springs shall provide 18 mailed notice of hearing for all land use or development 19 proposals within Sections 27, 28 and 22, Township 3 South, Range 20 3 East to property owners within the Snow Creek area generally 21 defined as Sections 20 and 21, Township 3 South, Range 3 East. 22 The time frame for notice shall be no less than that required in 23 existing City ordinances. 24 7. The territory to be annexed is uninhabited, there 25 being fewer than 12 registered voters residing therein. 26 8. The proposed annexation is consistent with the 27 City of Palm Spring's sphere of influence and the spheres of 28 influence of all other affected local agencies. -2- 1 9. The City of Palm Springs is designated conducting 2 authority. 3 10. The Executive Officer is directed to transmit a 4 certified copy of this Resolution to the above-designated i 6 conducting authority, to the chief petitioners, if different 6 from the conducting authority, and to each subject agency. 7 8 RICHARD D. FFEY, Chairman 9 10 I certify the above resolution was passed and adopted by the 11 Local Agency Formation Commission of Riverside County on October 28, 1993 . 12 13 W�ILWTIS 14 fficer 15 16 17 18 19 20 21 Y 22 23 y 4 g � m 25 26 27 28 -3- ,+rZ+T�,hll �Y [><•+'.'"-''�`'�2f `—kx ;'}�"3 e: '1. .�.ti=y , ., �' 1 $�,lj ,b.w 4, •} ! `j'ai. }� a �.3 -,-.,e .r 73i,,�.'F,Q i.:61 f.. •r !Y ,{ ;� f. s` v, ••,yV� :t, .Y.aJw'�>'�°�' 2. , , T e.�3„ �� � .{ }►'�'•� "1•:�� ;�: �'� ' ti•`,: �. ,fie tONA L3�f„ �-if �- yrl _ _ lL. --+ .. 1;yr...." •,••r ,".t... .. ,�- ✓�•��:.,,I sC, J +�,. °! 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E �� .``� -l; •,= l`T l ` ,.}.,k.. `\ � 'i �' .�.1-` � ' t�'1� F _• }�. t� i' y+ ,7,-�s-*•:�.: 'w � F�—.--. - �' 1 � '✓. e. �.-' r- •,�.1's l�l �; : r r.� ``11'<'.�}l,:i :� •rlr�a.r y' • 'F`. .r•.f�}7 rF..!'��y 1 )[iG"�+. l+Z.� I ,.,s' �I. -..l _ram ••S,.r+ rj•. .Y:,. 1 .,:' ?' .4w •.: r'Isi L��r: Y,? prSL� >.J ' j 's,,:�5^` a .--I-...-~'• , '', �•n=-,-, i =�} i' i-r I j` :.l : 'r '-'1�'C'�--s{:.r'-`..e � t#..• Y'�. �5. Y ,�,I�,�'r,.�, .,�.H� ,.y 1 4 ,.��1:"". 1 fa _` 3--; �.. 1k� :--;;'-_':r� '-�. �� 1'"l—n 4�1 •r' �'`c.-'F•'���i;�' '�=_i `.. '?T+ali: �l I 'v _�`� . Study Area SMITH, PEROM NflooteRi & FOX O }tea+-[CE 1�P�i-�GTI��� .°c2E1y _ -- -- --- -_-- F72"� PR-��i Ft T'I.�I] d/L,�A � 7 Ic �.�'-r? nnl ram.-..�� i,.�IZi 'nl� cc� •:�v r..o � Man For SelrvRces III . Services To Be Extended ( Primary) 11 Law Enforcement IM Fire Protection ® Public Roads Water ® Waste Water Treatment �I Flood Control N Code Enforcement City o1 Palm Springs-Plan For Services Page 10 Ran For selvRCes Service: Law Enforcement a. Description of Service The law enforcement function described in this section is pro- vided by three primary agencies: the Riverside County Sheriff, the Palm Springs Police Department, and the California Highway Patrol. The Sheriff and Police departments enforce the basic state and local laws and ordinances designed to protect lives and property and the general community welfare. The State Highway Patrol is primarily charged with enforcing the State Vehicle Code on state and federal highways. Other law enforcement agencies east within the study area but will not be discussed here. They include the Bureau of Land Management, the Federal Bureau of Investigation, the U.S. Nationalization and Immigration Service and other various specialized enforcement agencies. b. Existing Level and The entire study area is presently within the jurisdiction of the Range of Services Riverside County Sheriff, Two Sheriff's stations serve the area: 1) the Palm Desert Station, located at 73-520 Fred Waring Drive in the City of Palm Desert(about 12 miles southeast of the study area, and 2)the Banning Station, located at 155 East Hayes in the City of Banning (about 24 miles west of the study area). In addition to the study area, the Palm Desert Station also serves the Cities of Desert Hot Springs, Indian Wells, Palm Desert and Rancho Mirage and the unincorporated area between Washing- ton Street and the Whitewater area. The Banning Station handles all criminal calls in Snow Creek, Whitewater Canyon and the Interstate 10 Rest Stop in Whitewater. The Sheriff's Depart- ment also has Mutual Aid agreements with the Cities of Palm Springs and Cathedral City. According to Steve Bloomquist, Captain and Palm Desert Station Commander, the Sheriff provides both patrol personnel and support staff, such as clerical, investigators, sergeants, lieuten- ants and a captain. The Palm Desert Station has 102 sworn officers and 24 non-sworn support personnel and utilizes 28 patrol vehicles. The Banning Station has a staff of 28 persons and utilizes 11 patrol vehicles. City of Palm Springs-Plan For services Page 11 l Y l In 1990, the Sheriff's Department handled approximately 1,380 calls for service from the study area. The sheriff presently provides a target level of 1.0 officers per 1.000 population in the unincorporated areas and 1.4 officers per 1,000 pppulation in the department's contract cities. Routine response times from the Palm Desert Station to the study area average 20 to 25 minutes. Requests for service are prioritized by urgency and need and are responded to from assigned beat areas rather from the station. When the Sheriffs Department is fully staffed, four patrol beats (beats#f 10,11.12 and 13) serve the study area. The average response time from a beat area on a routine call is 15 to 20 minutes. On an emergency call it is about 5 to 10 minutes. o. FeasibllRy of Extension Upon annexation the study area can and will be served by the Palm Springs Police Department. The Department has one station located near the intersection of Tahquiitz Canyon Way and El Cielo Road in Palm Springs, across from the Palm Springs Regional Airport. According to Captain Bill Valkenburg of the Palm Springs Police Department, there are 84 sworn officers and 47 non-sworn officers employed by the City of Palm Springs. The desired ratio of officers to population is based upon the number of annual calls received by the department. Using a population of 40,620 within the City divided by approximately 40,000 calls received in 1990, the ratio would be 1.02:1.00. Approximately one percent of the officers' staff time is devoted to community service. The Department has four divisions: Patrol, Traffic, Communica- tions and Operations. Among the services provided by the Police Department are detective,jail, animal control and an aggressive code enforcement program that primarily deals with abandoned vehicles. The desired response time for emergency calls is six minutes and twenty minutes for non-emergency calls. The Police Department desires to have 80 percent of its emergency calls responded to within six minutes. About 85 percent are currently responded to within the six-minute response period. Eighty percent of the non- emergency calls should be responded to within the 20 minute response period. The Palm Springs Police Department has a mutual aid agree- ment with the Riverside County Sheriffs Department, who in turn has a mutual aid agreement with Imperial, Orange, and San City of Peim Springs-Plan For Services Page 12 Diego Counties, The Palm Springs and Cathedral City Police Departments also respond to calls in each others jurisdictions; however, there Is no contractual agreement between the two departments for the provision of such services. d. Changes or improve- There are currently six patrol beats.(geographical patrol areas) ments in Service Level serving the City and the southern portion of the existing sphere of influence. The additional area covered by the project would require two new beats. The Palm Springs Police Department has Indicated that there may be the need for a new "satellite field office"or substation within the study area, possibly in the vicinity of Indian Avenue and Interstate 10. However, there is no master facilities plan, nor are there any specific plans for a new substa- tion. This new substation will require a staff of at least seven officers. Additional officers will be required should the proposed station include a holding facility. There is also the possibility of establishing a combination police and fire station. The Police Department has identified a few concerns regarding the annexation of portions of the study area. These concerns include the following-, 4-wheel drive and/or all-terrain vehicles would be needed for patrol operations in the area around the windfarms, ® the Interstate 10 rest stop would need to be patrolled even though the Highway Patrol retains ultimate authority, the City would become responsible for patrol of State Routes 62 and 111, - there are numerous code enforcement problems in the area that would need attention, ® one additional animal control officer and a vehicle would be needed to serve the area. Radio communications in the northernmost portions of the study area and protected cove areas was also cited as a concern, but this issue exists regardless of jurisdictional responsibility. Addi- tional radio repeaters may be required for adequate coverage. e. Financing of Service The City of Palm Springs budgets approximately $11 million annually for Police services. Almost all of the money is, and will continue to be, derived from the City's General Fund. City of Palm Springs-Plan For Services Page 13 i Man For SeIVROES Service: Fire Protection a. Description of Service The term "fire protection" typically includes the two types of services provided by a fire department. These include fire suppression, that is, actually extinguishing fires, and fire preven- tion, that is, trying to prevent fires from starting in the first place. Fire suppression involves the active use of personnel and equipment in putting out fires in urban and wbldland areas, while fire prevention is done through routine inspections, code en- forcement and educational programs. b. Existing Level and The study area is located within the jurisdiction of three separate Range of Services fire protection agencies. The County of Riverside is the primary provider of fire fighting and suppression services in the study area and in all adjacent unincorporated areas. The City of Palm Springs Fire Department's five stations provide service to por- tions of the study area through a Mutual Aid Agreement with the County. The California Department of Forestry is responsible for fire protection on all federal lands which are adjacent to and/or included within the area protected by the Palm Springs Fire Department, including Indian trust lands. They, however, con- tract with the County for fire suppression services: The Automatic Aid Agreement entered into between the County of Riverside and the City of Palm Springs Fire Departments establishes a mutual aid arrangement in which the City is given primary responsibility for providing fire protection to areas within the County immediately adjacent to City land, and the County is given primary responsibility for protecting the balance of the City's existing sphere of influence. When call are received within this sphere area, the responsible agency shall dispatch the required engine company and/or squad prior to calling for assis- tance from the other party. The Riverside County Fire Department has facilities and equip- ment located as follows: city of Palm Springs-Plan For Services Page 14 Fire Station Apparatus #24 14580 Broadway 1 Engine l Cabazon 1 Squad I #36 63775 Dillon Road 2 Engines North Palm Springs 1 'Squad #37 65958 Pierson Blvd. 2 Engines Desert Hot Springs 1 Squad #56 72985 Dillon Road 1 Engine Desert Hot Springs 1 Squad The County Fire Department provides a full range of services including fire prevention, suppression, emergency medical aid, hazardous material abatement, disaster preparedness and re- view of development plans. The County s Fire Protection Master Plan contains four fire response categories used to determine the response time/travel distance for primary and secondary fire stations according to the anticipated build-out of community areas. The department operates on a regional concept whereby three or more fire engines respond to any reported fire. - c. Feasibility of Extension Should the area surrounding County Station #36 be annexed to the City of Palm Springs, Station #36 would continue to service the surrounding County area from the same location. The County Fire Department does not foresee changes in its opera- tion, or station placement in the future. However, additional fire stations will be required when development in the study area occurs and when engine company work loads require additional stations per the Fire Department Master Plan. The City of Palm Springs Fire Department is primarily a structure- oriented protective force. The Department has not been organ- ized or equipped to provide protection to the multi-faceted environment of Palm Springs in which includes urban areas of multi-story structures and wildland areas ranging in elevation up to 5,000 feet. To provide adequate fire protection, especially in wildland areas, the City of Palm Springs has concluded coopera- tive agreements with the following agencies: City of Palm Springs-Plan For Services Page 15 ® California Department of Forestry (since 6/26/78) ICI Riverside County Fire Department (since 5/6/76) Bureau of Land Management (since 10/21/87) I Bureau of Indian Affairs (since 10/27/87) ® United States Forest Service (since 3/29164) Cathedral City Fire Department (since 4/6188) Areas within the existing City limits of Palm Springs are served by five fire stations belonging to the City Fire Department. Their location and equipment assigned to each is as follows: Station Equipment #441 277 N. Indian Ave. 1 Beck Tele-squirt Palm Springs 1 Beck Engine 1 4-WD Bush Attack Unit #442 300 N. El Cielo 1 LaFrance- Quint Palm Springs 1 Beck Engine 3 P-19 Air Crash/Rescue 2 T1500's Air Crash Rescue 1 Command Vehicle 1 Fire Inspection Sedan 1 Utility Pickup #443 590 E. Racquet Club 1 Grumman Engine Palm Springs 1 Attack Mini-Pumper 1 Ambulance Private Carrier #444 1300 La Verne 1 Beck Engine Palm Springs 1 Attack Mini-Pumper #445 5800 Bolero 1 Emergency One Engine Palm Springs Reserve Units 1 Crown Tele-Squirt 1 Seagrave 1 1,750 Gallon Tanker City of Palm Springs-Plan For Services Page 16 There are a total of 14 on-duty firefighting personnel available during each 24-hour period. In addition, there are three aircraft rescue firefighting personnel responsible only for airport protec- tion.The department also employs staff for the Fire Administra- tion Division and the Fire Prevention Division, Each of the fire stations identified are,available to serve portions of the existing and/or proposed sphere of influence areas through mutual or automatic aid agreements. However, in most cases, the response time to some of the more remote areas (such as Snow Creek) is excessive. Therefore, fire suppression and EMS operations in these areas may be significantly impacted. Maximum acceptable fire response time has been set at five minutes by the Palm Springs Fire Department. All structures built beyond a five minute response area for each station are required to install automatic fire sprinklers and other built-in fire protection equipment, as deemed appropriate by the Fire Department. The City Fire Department uses a system of five alarms (first through fifth alarm)to identify the level of resources needed to handle a specific emergency incident and to allow an orderly, incremental build-up of these resources as the situation may require. A "first alarm" response could involve any combination of two of the City's five engine companies and two squads, depending on the proximity of the companies to the incident. In addition,the shift battalion chief and the shift fire inspector would respond as required. Typically, first alarm classifications are for structural fires, however, the department, along with the USFS, CDF, RCFD and BLM has also developed a modified alarm classification operating procedures for wildland fire operations. The City Fire Department has also developed procedures for medical emergencies. A second through fifth alarm requires the recall of off-duty firefighters and requests for mutual aid. In 1990, a total of 4,587 incidents were reported to the Palm Springs Fire Department, These included 267 calls for fires, 2,584 calls related to first aid and 1,736 other calls. The department responds to an average of 12 emergency calls per 24-hour shift. At this time, the Department can handle this level of emergency calls for service and also complete the non- emergency activities such as training, fire prevention inspec- tions, public education and fire station apparatus and equipment maintenance. City of Palm Springs-Plan For Services Page 17 d. Changes or Improve- According to Chief Robertson and the Palm Springs Community ments In Service Level Fire Protection Plan, the following major changes are planned: I . Fire Station#441 may be relocated to the southeast of its present location to provide for better response times in existing urbanized areas. When and if relocation occurs depends on the redevelop- ment of its current site as part of the overall redevelopment of the Central Business District. The recommended site for a sixth fire station is in the Classic Project area east of Gene Autry Trail. land will be set aside in the project area for a fire station site. e. Financing of Service The Palm Springs Fire Department is totally dependent on the City's General Fund for its operational and capital improvements needs, except for airport fire protection, which is paid for by the Airport Enterprise Fund. Funding for the Fire Department is inadequate according to a recent study. This study has shown that there is a significant handicap in the department's ability to handle an increase in calls in their two-man engine company staffing. Currently, two engine companies are often sent to an alarm that could be handled by a single three-man engine company. Therefore, there is the need to provide a third firefighter on each of the department's five engine companies and also to provide staffing for the department's truck company. The department's management had recommended that this additional staffing be funded through a community-wide benefit assessment district, known as"Measure N," which voters turned down in November, 1991. However, even if it had passed, this measure would have only paid for the additional level of service and would not supplant funding that is currently being provided by the General Fund. In view of the discussion in the previous paragraph, there is a need to implement non-traditional funding mechanisms. Some of the options available are: ® establishment of a Mello-Roos district for improvements for fire protection facilities outside the five-minute response time area, establishment of a fee-for-service program for fire inspection, fire protection systems certification, emergency medical services, fire suppression services and standby fees for non-sprinklered buildings, City of Palm Springs•Plan For Services Page 18 ® development of more public/private partnerships for economic reasons and enhanced operations for both the public and private sectors, development of a more comprehensive emergency services volunteer program, development of a more regional approach to fire protection in the Coachella Valley, implementation of a sprinkler ordinance for every new structure regardless of its size or use, and establishment of a higher use of civilians in delivering Fire Department services such as code enforcement and airport fire protection. If these options were to be implemented, they would create a greater efficiency in fire protection and increased quality of protection which will alter required ratios of fire fighters to population and spatial requirements with regard to proximity of development to fire stations. City of palm Springs-Plan For Services Page 719 TABLE 3-1 CITY OF PALM SPRINGS RECURRING REVENUES AND COSTS: CITY OF PALM SPRINGS PHASE 1 ANNEXATION AREA (In Constant 1992-1993 Dollars) Percent Upon of Total Annexation Year 1 Year 2 Year 3 Bulidout at Bulldout Recurring Revenues Q�ro Properly lax KA $121,140 $236,311 $333,885 $422,570 $1,561,822 34.1% Property transfer tax: new development 0 5,718 4.113 1,845 0 0.0% Properly transfer tax: turnover 289 646 903 1,018 15,054 0.3% Sales and use tax 106,102 196,592 282.593 362,774 2,351,697 61.4% Transfent occupancy tax 94,024 84.622 75,219 65.917 0 0.0% Business license tax 6,523 15,508 20,839 26,171 285,681 6.2% Franchises 6,742 16,030 21,540 27,050 295,181 6.5% Charges for current services 56 134 180 225 2,460 0.1% co Fines and forfeitures 300 712 957 1,202 13,119 0.3% Interest 3,649 6,114 8,128 9,991 49,188 1.1% Total Revenues Y$338,824 $564,387 $748.368 $918,665 $4,574.103 100.0% Recunina Costs Pollee protectlon $23,338 $55,488 $74,562 $93,636 $1,021,787 34.3% Animal control 13,408 13,408 13,408 13,408 26,816 0.9% Fire protection 0 0 0 550,000 1,100,000 37.0% Streets maintenance 102,328 107,641 112,954 118,267 365,194 12.3% Storm drainage 963 1,001 1,049 1,097 3,317 0.1% Citywide overhead 25,393 32,196 36,627 140,798 458,642 15.4% Total Costs $165,420 $209,734 $238,600 $917,205 $2,976,755 100.0% Net Recurring Surplus $173,404 $354,653 $509,758 $1,459 $1,598,348 Revenue/Cost Ratio 2.05 2.69 3.14 1.00 1.54 Source: Stanley R.Hoffman Assoclafes, (no. f 2- • RETURN TO: CITY CLERK 01TY OF PALM SPFINOS SOX 2743 ANNEXATION AGREEMENT iALu EEpmNG%CA 9.14 THIS ANNEXATION AGREEMENT ( °Agreement") is entered into as of the effective date hereof, by and between the County of Riverside ("County") , the Community Redevelopment Agency of the County of Riverside ( "County Agency" ) , and the City of Palm Springs ("City") . This Agreement is entered into in consideration of the following: R E C I T A L S A. County is a political subdivision of the State of California, with the responsibility of providing governmental and public services to all unincorporated areas within its boundaries. S. The City is a municipal body, corporate and politic, with the responsibility of providing government and public services and controlling municipal affairs for all areas within its boundaries. C. County Agency is a community redevelopment agency, duly formed and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. , with jurisdiction over areas which include territory impacted by the Annexation which is the subject of this Agreement. A. City presented an application to the Riverside County Local Agency Formation Commission, seeking an amendment - to its sphere of influence and seeking annexation of various property more specifically described herein. County originally opposed the Sphere of influence Amendment and the Annexation Application. After discussion and negotiation with the City, however, County and City have identified the bases for resolving the issues which led to the County's opposition. E. The Riverside County Local Agency Formation Commission approved City's Sphere of Influence Amendment, and Application for Annexation on October 28, 1993 _ LAFCO designated the City of Palm Springs as the conducting authority for carrying out further proceedings, and the City' s conducting authority proceedings are currently pending. F. City, County, and County Agency now wish to enter into this Agreement, to define their various respective responsibilities for the provision of public services in the Annexed Area and surrounding areas, for allocation for revenues therefrom, and to define the parties' intentions regarding potential future annexation activities . I� F521159\0140$1 WI \2056563.14 0912V94 NOW, THEREFORE, in consideration of all the foregoing, the parties to hereby agree as follows : ARTICLE 1. DEEINITSONS . As used in this agreement, the terms set out below shall have the meaning as indicated in the following definitions . 1. 01 Annexation. "Annexation" means the annexation of the Annexed Area, as initiated by resolution of application from the City of Palm Springs to LAFCO, commonly known as Annexation No. 26 to the City of Palm Springs, and designated by LAFCO as LAFCO No. 93-28-3 _ 1.02 Annexed Area. "Annexed Area" means approximately 13 .5 square miles of area which is the subject of the Annexation, and which is more specifically described in Exhibit A hereto_ 1.03 Citizen Advisory Committee. "Citizen Advisory Committee" means a committee which will be formed by the City from representatives of the Communities of West Garnet, North Palm Springs, Palm Springs Oasis, and Snow Creek, to be formed pursuant to the provisions of Article 11 below. 1.04 City. "City" means the City of Palm Springs. 1.05 City Agency. "City Agency" means the Community Redevelopment Agency _of the City of Palm Springs. 1.06 Fire Protection Area #1. "Fire Protection Area #1" means an area including Belle Monte/Part Andreas, the boundaries of which are more specifically described in Exhibit "B" hereto, in which the City will provide fire protection services pursuant to an agreement to be entered into with the County, as provided in Article 10 below_ 1.07 gounty_ "County" means the County of Riverside_ 1. 08 Fire Protection Area 42 . "Fire Protection Area 42" means all those portions of the Annexed Area and the Potential Annexation Area not included within Fire Protection Area #k1, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "C, " in which the County will provide fire protection services pursuant to an agreement to be entered into with the City, as provided in Article 10 below. 1.09 County Aaencx. "County Agency" means the Community Redevelopment Agency of the County of Riverside. 1.10 Effective Data. "Effective Date" means the date on which this Annexation Agreement is executed on behalf of the City of Palm Springs . MMN0140ea.00MXUS63.14 OMW4 -2- 1. 11 Implementing Permit . "Implementing Permit" means permits for facilities necessary to construct and place in operation any wind energy conversion system contemplated in a WECS Permit . Implementing Permits include, but are not limited to, building permits, electrical permits, and grading permits. 1. 12 LAFCO "LAFCO" means the Local Agency Formation Commission of Riverside County. 1.13 Police Protection Area. "Police Protection Area" means the unincorporated communities of West Garnet, Palm Springs Oasis, and surrounding areas, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "D_ " 1.14 Potential Annexation Area. "Potential Annexation Area" means those areas not included within the Annexation Area, including the communities of Garnet, West Garnet, North Palm Springs, and Overture, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "E_ " 1.15 Project Area. "Project Area" means any redevelopment project area of the County whose area lies either wholly or partly within the Annexed Area. 1.16 WECS Ordinance. "WECS Ordinance" means the ordinance of the City governing the permitting of wind energy conversion systems in the form which may be approved by City Council, and which shall, when approved, be attached to this Agreement as Exhibit "F_ " 1.17 WECS Permit . "WECS Permit" shall mean a discretionary land use approval, whether by conditional use permit or otherwise, which permits the development of a wind energy conversion system. ARTICLE 2 _ EXHIBITS. The following are the Exhibits to this Agreement, each of which is incorporated by reference, as though fully set forth herein. EXHIBIT A: Map of Annexed Area EXHIBIT B: Map of Fire Protection Area #1. EXHIBIT C; Map of Fire Protection Area #2 _ EXHIBIT D: Map of Police Protection Area EXHIBIT E: Map of Potential Annexation Area EXHIBIT F: WECS Ordinance of City of Palm Springs EXHIBIT G: City Resolution No. 13682 . F521159\0140M-001811086563.14 09/23/94 -3- ARTICLE 3 . TERM. The term of this agreement shall Commence on the Effective Date, and shall continue until such time as City annexes the Potential Annexation Area, or until terminated by mutual agreement of the parties . ARTICLE 4. PROCESSING AND COMPLETION OF ANNEXATION. City agrees to use its best efforts to promptly and diligently prosecute all conducting authority proceedings on the Annexation, and to otherwise perform all acts necessary or beneficial to the successful completion of the Annexation. County agrees that it will support the Annexation through all administrative and other proceedings, which shall include, but not be limited to, refraining from expressing any written or oral protest to the Annexation on behalf of itself or any other party, refraining from joining with or assisting any other party, directly or indirectly, for the purposes of bringing any protest to or opposition to the Annexation, refraining from bringing or joining with or assisting any other party in bringing any judicial proceeding challenging the Annexation or any aspect of it, and expressing public support through all administrative or other proceedings regarding the Annexation. County's obligation to support the Annexation shall continue until the .Annexation is completed and final and any litigation or other proceeding challenging the validity of the Annexation or any aspect of it has been fully and finally resolved, or the time for bringing any such challenge under applicable statutes of limitations have passed, and no such legal action or other proceeding has been brought. Nothing in this Article 4 shall be read or understood to prevent LAFCO from performing any of its statutory duties in connection with the processing of the Annexation. ARTICLE 5 . CITY CONSIDERATION_ OF ANNEXATION OF POTENTIAL ANNEXATION AREA. City agrees that, during the term of this Agreement, it shall explore the possibility of annexing the Potential Annexation Area. City's efforts in this regard shall include conducting at least one public hearing regarding the question of annexing the Potential Annexation Area to the City. City shall provide written notice to County of the conduct of any such public hearing, no less than twenty (20) days prior to the date of the hearing. In addition, City shall provide notice of the hearing to residents of the Potential Annexation Area, by publication, posting of notices in conspicuous public places, or such other manner as City deems appropriate and effective to inform the residents of the Potential Annexation Area of the pendency of the hearing. At the hearing, the City shall consider any and all views expressed regarding the annexation of the Potential Annexation Area to the City, whether from residents of the Potential Annexation area, residents of the City, or the County, and shall consider any and all evidence HZIS910140b 001MOS M60.14 09nV94 -4- submitted regarding the question of the Annexation or the Potential Annexation Area. After consideration at the public hearing, City shall determine whether it shall pursue a resolution of application initiating proceedings with LAFCO for the annexation of the Potential Annexation Area. ARTICLE 6. ALLOCATION OF COUNTY TAX LEVY. After the Annexation is complete, County shall allocate and cause to be paid to the City the revenues from various allocations to the County of tax revenues, as more specifically set forth in City Resolution No. 13682, a copy of which is attached as Exhibit "G" . ARTICLE 7. COUNTY SERVICE AREAS AND MAINTENANCE DISTRICTS. County agrees to fully cooperate with the City in the City's efforts to obtain revenues from any taxes or assessments levied by or on behalf of any county service area, road maintenance district, or other similar service area or special district whose boundaries include the Annexed Area, in the proportion that the cost of providing services within the Annexed Area bears to the cost of providing services to the full area of the county service area, - road maintenance district or other similar special district ar special assessment. area. County's agreement to support city' s efforts in this regard includes, but is not limited to, supporting any requests for such revenues or allocation of revenues before LAFCO. ARTICLE 8 . CITY RELATIONSHIP WITH COUNTY AGENCY. 8 . 01 County Agency Pass-through Agreement. In the event that the allocation of tax increment to the County Agency from the Annexed Area results in a fiscal burden or detriment to the City in the provision of services to the Annexed Area, County Agency shall consider, and use its best efforts to pursue and enter into, a pass-through agreement with the City. The pass-through agreement shall allocate all or a portion of the tax increment revenues attributable to the Annexed Area in an amount demonstrated by the City to be necessary for the proper and adequate provision of services to the Annexed Area. 8 . 02 Assumption by Cif of Jurisdiction Over Annexed Areas. It is the intention of the City, City Agency, County, and County Agency, that City and City Agency will assume full jurisdiction over those areas annexed to the City. In addition, it is recognized that certain County redevelopment project areas ("Project Area") established pursuant to the Community Redevelopment Law lie partially within and without the Annexed Area. If a substantial portion of such Project Area is within the Annexed Area, then the parties agree that it is their intent that the entire Project Area be administered under the Community Redevelopment Law by the City Agency. Toward this end all -parties agree that they will cooperate fully and with reasonable dispatch FS2115%0140U,W11\20E6563-14 092E/94 -$- to utilize the procedures of Health and Safety Code Section 33216 to complete the transfer of full jurisdiction of the Project Area to the City Agency whenever all or a substantial part of any Project Area or any sub-area of any Project Area is annexed to the City. on an interim basis, until the actual change in jurisdiction occurs, the City Agency shall serve as an advisory body to the County Agency with respect to any portions of a Project Area which are within the boundaries of the Annexed Area or the Potential Annexation Area and all matters in any way affecting such portions of a Project Area shall be referred to the City Agency for review and comment at least 45 days before any action is taken by the County Agency. The County Agency shall consider any comments received by City or City Agency prior to taking action. The notice to be given by County Agency shall state the time limits for review and comment, and shall reference this Agreement. ARTICLE 9 . POLICE SERVICES. The County shall continue to be the agency legally responsible for providing police services in the Police Protection Area, but City shall offer those additional police services specified in this Article to the Police Protection Area. The services to be offered by the City shall include police response by City police forces in the Police Protection Area, and cooperation with other law enforcement agencies having jurisdiction over the Police Protection Area- City's responsibilities for providing police services to the Police Prot s ;nn area shall, other than performing_ routine Jaatrols �' rinde tracutional uniformed police services. The need for follow-up police services shall be determined by the City/County law enforcement personnel . ARTICLE 10 . FIRE SERVICES . County shall continue to provide fire protection, fire prevention/code enforcement, and Basic Life Support (BLS) services within Fire Protection Area #2 . City shall provide fire protection, tire prevention/code enforcement, and Basic Life Support (BLS) services in Fire Protection Area #1. From and after the time the tax shift described in Article 6 is fully approved and implemented, and the City actually receives such shifted tax revenues, City shall pay twenty-five percent (25U of the County's reasonable, actual operating cost of the North Palm Springs Fare Station. County shall annually provide City with written notice of such costs, and the amount due from the City based thereon, no later than sixty (60) days after the close of the County's fiscal year. In the event City assumes fire protection, fire prevention/code enforcement, and BLS services for Fire Protection Area #2 at some future date, City's obligation to make the payment provided for in this Article 10 shall thereupon cease. ARTICLE 11. CITIZEN ADVISORY COMMITTEE. City shall form a Citizen Advisory Committee to advise and address the City on all City activities which affect or otherwise F531139W14() -W111y016563.1; 09/79/94 -6- . I . ' 117 vo*c4it impact the quality of life in Potential Annexation Area. The Citizen Advisory Committee shall be composed of four (4) members, with one resident representative from each of the communities of West Garnet, North Palm Springs, Palm Springs Oasis, and Snow Creek. The Citizen Advisory Committee will also consult with, and advise, the City on the permitting and development of wind energy conversion systems within the Annexation Area. Members of the Citizen Advisory Committee shall be selected by such method as City may determine, in consultation with the County, and consistent with state law. ARTICLE 12 . WECS ORDINANCE AND WECS PERMIT PROCESSING. 12.01 WECS Ordinance. All parties agree the WECS Ordinance appended to this Annexation Agreement as Exhibit F, including such amendments as City may adopt from time to time, shall be fully applicable to the Annexed Area as the standards under which any and all discretionary land use permit applications for the development or operation of a wind energy conversion system shall be governed. 12.02 VECS Permits . The parties agree that upon the Effective Date, responsibility for and jurisdiction over the processing and approval of any WECS Permits or implementing permits for wind energy conversion systems within the Annexation Area shall lie with the City. Notwithstanding the foregoing, to the extent that the County has accepted any permit applications for WECS Permits or implementing permits which are substantially complete on the Effective bate, County may continue to process such applications if the applicant on such application so desires. In processing such applications, the County shall apply those ordinances, rules, and regulations of the County in effect at the time of County processing of the applications . In the processing of any and all such applications, County shall serve as the designated agent of the City. City shall recognize the validity of any and all WECS Permits and implementing permits granted by the County pursuant to such processing, including any and all terms and conditions imposed thereon, as though such WECS Permits or Implementing Permits were issued in the first instance by City. County shall retain any and all application or processing fees paid by any applicant pursuant to any such application_ ARTICLE 13 _ COORDINATION OF PLANNING ACTIVITIES. County agrees that prior to considering any application for any discretionary land use approval for any property included within the Police Protection Area, Fire Protection Area #1, or the Potential Annexation •Area, County will forward the plans for any improvement, construction, or other development proposed pursuant to such application to City for City's review and comment. City's review and comment shall include review by City's Fire Department, Police Department, Department of Building, and Planning Department. The purpose of City's review and comment will be to integrate to the maximum extent possible all proposed development in the City F511159101{OII.>r001 E1ZOE6553.{a 09/7E/94 -7 Fire Protection Area and the Potential Annexation Area with surrounding actual or proposed land uses in City, and with City's overall development standards for the type of land use proposed by the application. Any comments City has to the proposed plans shall be forwarded in writing to County no later than thirty (30) days after County forwards such plans to the City, unless the parties agree in writing to a longer period. Ail plans so forwarded by the County shall be stamped or otherwise clearly marked to reflect the time limits for City's review and comment, and shall specifically reference this Agreement. County shall consider all comments forwarded by City regarding the application before taking any action on such application. ARTICLE 14 . INDEMNITY. This Section shall govern any liability incurred by one party through the fault of any other party. 14 .01 Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or jurisdiction delegated to the County or County Agency or under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895 .4, County and County Agency shall fully indemnify, defend, and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or jurisdiction delegated to County or County Agency under this Agreement. 14 .02 Neither County nor County Agency, nor any officer or employee of County or County Agency shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to the City under this Agreement. it is also understood and agreed that, pursuant to Government Code Section 895 .4, City shall fully indemnify, defend, and hold County and County Agency harmless from any liability imposed for injury (as defined by Government Code Section 810 .8) occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement . ARTICLE 15 _ MISCELLANEOUS. 15. 01 Severability_ If any provision of this Agreement is adjudged invalid, void, or unenforceable, that provision shall not affect, impair, or invalidate the remainder of this agreement, unless such judgment renders it impossible for the parties to perform under the remainder of the Agreement. 15 . 02 Notice. Any notice required or permitted to be given by one party to the other under this Agreement shall be in FS21159\0140&100I6120E6567.14 0912L194 - - writing, and delivered personally to the party, or mailed with postage fully prepaid, registered or certified mail, return receipt requested, addressed as follows : IF TO COUNTY: Robert T. Anderson Administrative Center Administrative Office, Twelfth Floor 4080 Lemon Street Riverside, California 92501-3651 Attention: Chief Administrative Officer IF TO COUNTY AGENCY: County of Riverside Redevelopment Agency P.O. Sox 1180 Riverside, California 92502-1180 Attention: Executive Director IF TO CITY: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager WITH A COPY TO: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Attorney or such other address as the parties may designate from time to time in writing to each other. 15 .03 Authority to Execute. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party; (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement; (iv) the entering into of this Agreement does not violate any provision of any other agreement to which that party is bound; and (v) there is no litigation or legal proceeding which would prevent the parties from entering into this Agreement. 15 .04 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes all previous negotiations, discussions, and agreements between the parties . No parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. ENTERED INTO as of the Effective Date stated herein. COUNTY OF RIVERSIDE - F52115910µ0E WAM20L6563.1409REl94 -Q- , 1 ' COUNTY OF RIVERSIDE( Its : IIdi'man; Board of Supervisors KAY CENICMS APPROVED AS TO FORM: ATTEST: By, Sr� �� GEH,gLD MALONEY, Clerk County� Counsel B CE COUNTY AGENCY By - r Its: airman, Redevelopment Agency KAY CENICEROS APPROVED AS TO FORM: ATTEST: By: GERALD ALONEY, Clerk Counsel for County Agency DEPUTY ATTEST: CITY 0 ALM SPRING By- 1,1�;¢ity Clerk Tts:_ 6a-trManager -- APPROVED As TO FORM: By: a d Aleshi , City Attorney City of Palm Springs APPROVED BY THE CITY COUNCIL BY RE-S. NO. I HEREBY CERTIFY that the foregoing Agreement een the City of Palm. Springs and the County of 3 rside was duly adopted' by the City Council of the of Palm Springs, 'in a meeting held on the 5th day )ctiober 1994, and that same. has not been amended or altered- -ED this lltfi('day of October, 1994. trici A. Sanders Deputy City Clerk a.s.11sskoi4aaamin203,VA3:ia 09121[94 -10- +1� l �((rj111"}1 ((1 `{�S4S I �ii+�.. t • `' - �. . t •J` j/'- 1!!l111.�1I,1�� lsll 1!! I:-.•'- - . _ . ,.• .-_ _ _ �% i . 1• YJi•`I .r r.�.�'•L yT�r��--•+—•=-�-, I �I rIL . - :•^��---�.•+ ' '1 I - i� ;- .1 1 r O 1 •�I•••��t7' rr�'II�y;I•;�•'I�j;'� I�i'•IL.r•�'�� 11-a�y,,'�/Y'_i•�•it - I q� .• �7 • r= I:.rr I71�• �, 1 I. 1 I t } Itl` +h t. -�---'�L _�.— �1 �-- �}�.-�.• y yr 1 �t� _II •�` ��'ry` /rl,�t 1-[��-? ���'4 Jj.l .��L•?_��•CI Ji•II'h 7/ '_.:Ill1`7' rl� C`yfl.:, .:.j. 'L.YcI � _� .:,♦ �_ �I�/i/r. yT uf•4 �_ : P+••..:l�ti ,, • ' _•�'•♦. .�=--Y-t_tll.. —�LI 1V7r(,1�. .•y�t'' � Y� •-1?�,A,• i �_:1 .. :`_,. ♦r .1� �. �;;_1�. .,I i. -II•'{'I ����'�1.. II�•I!�I`;I __a.i ���}��I•��$���_.,a ��rltr .lye: I + ., - r,' `•-c � �IL�_•� f 1 � • i • F,(HISFT F ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9404.00H (CONDITION)IL USE PERMITS) OF THE ZONING ORDINANCE IN REGARD TO WIND ENERGY CONVERSION SYSTEMS. TIM CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES { - ORDAIN AS FOLLOWS: SSCTION .1- Section 9402.00K. of the Zoning Ordinance is amended with the addition of the following: ` '8. Co,ay rcial Wind v Conve aton Systems (WECS) a. . Jr2 A Conditional Use Permit for a Commercial Wind Energy Conversion System (WECS) is intended to regulate and provide for the installation of commercial WECS which are .made feasible by the strong prevailing winds within certain areas of the city designated by the General Plan, The conditions of the permit are meant to ensure that a safe and beneficial environment, for bath the WECS development and the adjacent properties, is provided. b- A221iggL_lily. Commercial WECS or WECS arrays, and r all other uses listed in subsection c. below, are - permitted in the following zone classifications provided the General Plan designateH the lot within the Wind Energy Overlay and a Ponditional Use Permit is granted pursuant to this,;Section: , (1) watercourse Zone (W) Kf (2) Open Land Zone (0-5) ^� (3) Energy Industrial Zane (4) Manufacturing Zone (M-2) ea'" WAS' C. Uses Permitted with a Condit oual Use Permit (1) Commercial WECS and WE4 arrays with no limit y as to rated power output, (2) Meteorological towers under 200 feet high (3) Accessory uses. ParceI14 may be used for accessory aeon provided+ such uses are established on the same parcel of land, are incidental, or supplemental, to a permitted use, and do not substantially alter the character of any permitted use. Accessory uses include, but are not limited to: (a) Storage of trucks and Other vehicles, (b) Storage of materials, inventory, tools and machinery. (c) Offices and maintenance shop structures. (d) Caretaker dwellings provided no compensation is received for the use of any such -dwelling and the size of such dwelling is no greater than 2000 sq. ft. (e) Overhead and underground transmission and communications lines and facilities, including transformers, substations, h 1 l i, dt 1 ; its � � d �_ r�.,l i •i ..ll''' .. _ _ yS, � Ita: ��IIII�J3��� 13Y3 �.. 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' a:�_ •"afv"'��'4i7 ••may Q Y'��1� .! a•• • wrw '�A•�tira�j4�pJ1 �'..•'r aM w Syr. �"i' h wj•i�� "ra•'�i 02/1s/02 18:09 M 949 883 33s0 1311RRE,WILLIAMS&S0RENSEN U 002 1 I 1 LAW OFFICES BURKE,WIILLIAMS& SORENSEN,ILLP ORANGE COUNTY OFFICE 611 WEST SIXTH STREET SAN DIEGO COUNTY OFFICE 18301 VON BARMAN AVENUE SUITE 1050 550 WEST'C'STREET SUITE 1820 IRVINE,CALIFORNIA 9263Y1009 SUITE 2500 SAN DIEGO CALIFORNIA 921a1.3553 Tel: (949)863.51M3 LOS ANGELES, CALIFORNIA 90017.3102 Tal: (519)61$.6672 Fat (949)66S 2350 Faa: (619)615 0673 Tel: (213)236.0600 Fax: (213)236-2700 RIVERSIDE COUNTY OFFICE www.bwslaw.com VENTURA COUNTY OFFICE 3403 TENTH STREET,SUITE 300 2310 EAST PONORROSA DRIVE,SUITE 25 RIVERSIDE.CALIFORNIA 92501.3629 CAMARILLO CALIFORNIA 93010 4747 Tel: (909)788.0100 Tel. (805)%13468 Fax: (909)788 5785 Fax; (605)49261 34 Writer's Olred CIA: OUR FILE NO: (218)236.2830 04195.0001 SDDSfOl�OW91d W.cORI August 17,2001 via eertltied mail/return receipt requested W.Paul Zech,Owner The "Official"Visitors Center 611 S.Palm Canyon 97449 Palm Springs,CA 92264 Re: CEASE AND DESIST USING THE TERM "OEWCU L"IN PROMOTION OF YO TR BUSINESS Dear Mr.Zech: The undersigned is an attorney with the City Attorney's Office of the City of Palm Springs, and it has come to our attention that your use of the term "Official" in your business "Official Visitors Center" violates federal and state law. Accordingly, we hereby demand that you immediately cease and desist using the term "Official" in relation to your visitors center; otherwise,we will ask the City of Palm Springs to consider legal action against you to protect the City's interests. The only visitors center designated as"official"for the City of Palm Springs is the City of Palm Springs Official Visitor Information and Reservation Center. Your use of the term "Official" misleads the public in violation of the California Business and Professions Code's prohibition on deceptive advertising because use of the word "Official" implies an affiliation with local government---an affiliation that does not, in fact, exist in this instance. Your use of the term "Official"here is also a violation of the federal Lanham Act (see, 15 U.S.C. Section 1125). Federal and state law allow for criminal sanctions, injunctive relief, compensatory damages,punitive damages, and disgorgement of profits as relief from unfair business practices of this nature. 02/15/02 18:10 FAX 949 863 3350 UPEE,WILLIAMS&SOEENSEN Q 003 Mr.Paul Zech, Owner August 17, 2001 Page 2 If you have any questions on this matter,please do not hesitate to contact us. Very truly yours, STEPHEN R. O TO OF BURKE,WILLIAMS &SORENSEN,LLP cc. David J.Aleshire,City Attorney I RESOLUTION NO, OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR REQUEST BY RIVERSIDE COUNTY TRANSPORTATION AND LAND MANAGEMENT FOR CITY REVIEW OF PLOT PLAN NO. 17305 FOR IMPROVEMENTS TO PROPERTY LOCATED AT 59-871 HIGHWAY 111, ZONE CPS, SECTION 24; LOCATED IN THE CITY OF PALM SPRINGS SPHERE OF INFLUENCE. (CASE NO. 20.156) WHEREAS, on February 13,2002,a public meeting of the Planning Commission of the City of Palm Springs to consider Plot Plan No.17305 was held in accordance with applicable law; and WHEREAS, the subject property is located in the City of Palm Springs Sphere of Influence; and WHEREAS, that pursuant to Resolution No. 69-93 approving LAFCO Annexation No. 93-28-3 and Annexation Agreement between Riverside County and the City of Palm Springs, the City of Palm Springs provides first response for all Police and Fire emergency calls to the subject property; and WHEREAS, the subject property is in the gateway to the City of Palm Springs; and WHEREAS, the City Council has carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby recommends that if Riverside County approves Plot Plan No.17305 it should do so subject to the recommendations contained in Exhibit A. ADOPTED this day of , 2002. AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk [ City Manager Reviewed and Approved as to Form: G v— 1 I I RESOLUTION NO. EXHIC IT A Case No. 20.156 SPHERE, 111 Interstate Highway Plot Plan No. 17305 February 13, 2002 RECOMMENDED CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The main sign must be located adjacent to or on the building facing the right-of-way or parking lot. The sign should not exceed 60 square feet_ 2. The color of the building(s)shall be the tan color utilized on the rear building and on the rear of the gift shop building. The purple lrim is acceptable. 3. Provide disabled accessibility in accordance with ADA requirements including at least one handicapped parking space, and a smooth transitional handicap access feature at the main entrance. 4. All proposed trash and recyclable bins and containers shall be completely screened in permanent enclosures of decorative masonry block and a metal gate_ Color shall blend with the architecture of the building. 5. Entries to the parking areas shall provide safety lighting so as to delineate the driveway entrance to the property, Lights shall be shielded. 6. All off-street parking areas shall provide night-lighting throughout required parking areas at all hours of customer and employee use. All light sources shall not be visible from offthe property, shall not direct light skyward, and shall be so arranged to reflect light away from adjoining properties and roadway. Light standard heights shall not exceed(18)feet. Lights shall be situated as to take Into account the placement and growth of landscape materials. Light standards should be placed between parking spaces. The maximum to minimum footcandle ratio shall not exceed 16:1, with a maximum of eight(8)footcandles and an average not to exceed three(3)footcandles, in general parking areas. The minimum maintained illumination requirement is one- half(.5)footcandles in the general parking areas. High pressure sodium lights fully shielded and properly focused downward to minimize glare shall be utilized, 7. Parking lot shading shall be placed throughout the parking area to provide adequate shade For pedestrians and vehicles. (Shade trees shall be placed for a minimum of 30% for 5-24 spaces as provided. Tree coverage shall be determined by the approximate crown diameter of each tree at fifteen (15)years of age). Planting shall be so as to obtain 30% shading in the parking area after 3 years of growth. 8. Trees shall be placed in planters in the parking lot that must also include plant material such as groundcover or appropriate vines and screen shrubs. boulders, gravel and the like, may be integrated with plant material. 9. Provide landscaping on the northeast side of the property to enhance the appearance of the entry way. 10. All debris stored in the rear of the property shall be removed. 11. Remove all non-permanent structures on site. 12. Site must remain free of all material un-related to the use of this establishment. 13. Overnight parking of vehicles shall be prohibited. 14. Keeping of animals shall be prohibited on site. 15. That all graded areas shall be restored with native or other plantings and treated with a dust suppressant. ENGINEERING STREETS 1. Developer shall obtain State permits and approval of plans for all work done on State Highway 111.A copyof Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to Cityof Palm Springs Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. HIGHWAY 111 2. Any and all applicable specifications, standards, and requirements put forth by the California Department of Transportation (CalTrans)shall be abided by in regards to the subject property. SANITARY SEWER 3. At such time that a public sewer system becomes available, all sanitary facilities shall be connected to it. GRADING 4. In cooperation with the Riverside County Agricultural Commissionerand 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 the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 7. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the County shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 8. This property is in Federal Insurance Rate Map (FIRM)zone C and shall conform to all of the FEMA and requirements for this zone. ON-SITE 9. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal.The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 10. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00 (Copy attached). GENERAL 11. 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. 12. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 13. 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. 14. 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(See attached detail). TRAFFIC 15, A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per CalTrans 1999 Standard Plan No. RS1 at the SOUTHEAST CORNER OF HIGHWAY 111 and the subject property's driveway. 16. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the County. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California,Department of Transportation,"MANUAL OFTRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORKZONES"dated 1996,orsubsequent additions in force at the time of construction. 17. This property is subject to the Transportation Uniform Mitigation Fee based on the OFFICE - OFFICE BUILDING ITE CODE A land use. FIRE (Note: See attached annexation agreements for Fire Services Agreements). 1. Water supply for fire protection. Provide a reliable water supply sufficient to supply 1000 GPM for a minimum of 2 hours duration. Provide capability for the fire department to connect to this water supply. 2. Premises Identification.Approved numbers oraddresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 3. Building or complex gate locking devices: Gate(s) shall be equipped with a KNOX key switch device or Key box. Contact City of Palm Springs Fire Department for a KNOX application form as soon as possible. 4. Automatic Fire Sprinkler System: This project is beyond the five minute response time from the closest fire station. At the time the proposed gift shop building is permitted, a fire sprinkler system should be required- 5- Fire Extinguisher Requirements: Provide one 2-A: 10-B:C portable fire extinguisher for every 75'of floor or grade travel distance for normal hazards. Final location will be determined,as conditions warrant, by the field inspector. 6. Residential Smoke Detector Installation:Provide Residential Smoke Detector. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. This condition applies to the caretakers residence, or any other building that contains a sleeping room.