Washington : Government Printing Office
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| VOLUME 30—1965 | 8172 |
Pursuant to section 1.4(b), Title 25, Code of Federal Regulations (30 F.R. 7520), the Secretary of the Interior does hereby adopt and make applicable, except as hereinafter provided, all of the laws, ordinances, codes, resolutions, rules, or other regulations of the State of California, and the city of Palm Springs, Calif., now existing or as they may be amended or enacted in the future, limiting, zoning, or otherwise governing, regulating, or controlling the use or development of any real or personal property, including water rights, eased from or held or used under agreement with and belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States and located on those portions of the Agua Caliente Indian Reservation situated within the exterior boundaries of the city of Palm Springs, Calif.
Exceptions. The following portions of the Palm Springs Zoning Ordinance are not adopted and made applicable to said portions of the Agua Caliente Indian Reservation:
7. [probably supposed to be 1.] The front and side yard requirements of the R-4, Large Scale Hotel and Apartment House Zone, and the R-4-VP, Vehicle Parking and Large Scale Hotel and Apartment House and Limited Commercial Retail Zone, insofar as they require a front yard setback of more than 20 feet and a side yard setback of more than 10 feet on an interior lot or the interior side of a corner lot or more than 15 feet on the street side of a corner lot;
2. The density provisions of the R-4, Large Scale Hotel and Apartment House Zone, and the R-4-VP, Vehicle Parking
and Large Scale Hotel and Apartment House and Limited Commercial Retail Zone, insofar as they limit the maximum number of dwelling units per site to less than one dwelling unit for each 500 square feet of net lot area;
3. The Performance Standards of the R-4, Large Scale Hotel and Apartment House Zone, and the R-4-VP, Vehicle Parking and Large Scale Hotel and Apartment House and Limited Commercial Retail Zone, which require the development of percentages of the site area as usable landscaped open space and outdoor living and recreation area, insofar as such percentages exceed the amount of site area which must be used for front, rear, and side yards as specified in exception 1 hereof, plus an area equal to that portion of said yards used for parking;
4. The provisions of the Palm Springs Zoning Ordinance which require setbacks for high-rise buildings in excess of 1 foot of horizontal setback distance for each 1 foot of vertical rise of the building across the short dimension of the lot and 1 1/2 feet of horizontal setback distance for each 1 foot of vertical rise of the building across the long dimension of the lot, as measured from the exterior lines of the site; the provisions of said ordinance which require obtaining a conditional use permit before a high-rise building can be constructed which otherwise meets the high-rise requirements as qualified above;
5. The yard requirements for a commercial building in the C-1AA, Large Scale Retail Commercial Zone, and the landscaping requirements insofar as they require more than 10 percent of the building site to be landscaped;
6. The automobile off-street parking requirements in the C-1AA, Large Scale Retail Commercial Zone, insofar as they require more than a minimum setback of 5 feet from any street; and
7. The provisions of the C-1AA, Large Scale Retail Commercial Zone, insofar as they require more than a minimum total of 5,000 square feet of floor space in buildings in one or more stories.
Nothing contained in this notice shall be construed to in any way alter or limit the provisions of sections 2(b) and 4(b) and (c) of the Act of August 15, 1953 (67 Stat. 588).
Nothing contained in this notice shall be construed to in any way alter, limit or abridge any vested rights to real or personal property, including water rights, belonging to any Indian or Indian tribe, band or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.
The Secretary of the Interior may by appropriate notice expressly revoke the adoption and application of any such laws, ordinances, codes, resolutions, rules, or other regulations if he determines such revocation to be in the best interests of the Indian owner or owners in achieving the highest and best use of their property.
JOHN A. CARVER, Jr.,
Acting Secretary of the Interior.
