§ 94.11

• A. Pursuant to the contractual agreement between the Tribal Council, Agua Caliente Band of Cahuilla Indians (Tribal Council), and the city council of the city of Palm Springs (city council), executed July 26, 1977, and the provisions of Tribal Ordinance No. 4, enacted August 5, 1977, and notwithstanding any provision of the Palm Springs Zoning Code to the contrary, the Tribal Council may, upon the appeal of an aggrieved party, either affirm, modify, or reverse any decision of the city council in the following matters relating to the use, proposed use, or development of Indian trust land:

  1. Building and utility permits;

  2. Changes of zone;

  3. Variances from applicable zoning requirements;

  4. Conditional use permits;

  5. Planned development district permits;

  6. Tentative and final tract and parcel maps;

  7. Changes or amendments to the general plan, or to the zoning ordinance of the city of Palm Springs;

  8. Enforcement of zoning and building codes;

  9. Interpretation of state and federal environmental regulations;

  10. Related matters to the above.

• B. Notice of appeals to the Tribal Council must be filed within 10 days of the written decision

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City of Palm Springs, CA

PROCEDURES

§ 94.11.00

§ 94.12.00

of the city council which is being appealed, and such filing stays all proceedings in the matter until the decision of the Tribal Council on the appeal.

• C. Notwithstanding any provision of the Zoning Code to the contrary, any matter referred to in Section 94.11.00(A) and relating to the use, proposed use or development of Indian trust land, which has been disapproved by the planning commission of the city of Palm Springs, shall be forwarded to the city council for decision within the time limit, as prescribed for these matters requiring a decision of the city council. Unless an applicant signs a written waiver of his appeal rights when any matter referred to in Section 94.11.00(A) has been disapproved, the secretary of the planning commission shall notify the applicant of such disapproval in writing. The notification shall further inform the applicant that: (1) the matter has been forwarded to the city council for decision; and (2) that applicant may contact the city clerk within 15 days regarding the date applicant desires the matter to come before the city council. For purposes of this subsection, a matter shall be deemed disapproved if formally disapproved or conditions are imposed before the approval will be granted.

• D. In those matters referred to in Section 94.11.00(A), and relating to the use, proposed use, or development of Indian trust land, the applicant, land owner or the Tribal Council at any time during the application or proposal processing period, may, if it is contended that there is or has been any unreasonable or undue delay in such processing, file complaint in writing to this effect with the city clerk, and the city council shall thereupon as promptly as practicable, hear the matter, make a decision and take such action as is appropriate in the case.

• E. Notwithstanding the fact that the Tribal Council is not a "public agency" or a "quasi-public agency," the decision of the Tribal Council on an appeal from action of the city council in any matter referred to in this section, shall be made at or subsequent to at lest one public meeting with the city council, at which time the appellant may be heard and where testimony of the general public on the issue may be heard; provided that, such comments supply new and pertinent information not previously included in the city record. Testimony of the general public shall be subject to reasonable restrictions which might be imposed by the Tribal Council to limit the length of the meeting and to avoid repetition of testimony.

• F. The decision of the Tribal Council shall be final on any appeal from a decision of the city council. Thereafter, any permits necessary to the use of the land in accordance with the decision of the Tribal Council shall be issued by the city of Palm Springs.

• (Ord. 1294, 1988)