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HomeMy WebLinkAboutPC Resolution _5034- Case 5.1073 CUPRESOLUTION NO. 5034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CASE 5.1073 CUP, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 23,729 SQUARE FOOT, 1000-SEAT PAVILION TENT, TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513560008. WHEREAS, Dick Taylor Productions (the "Applicant) has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code, for a Conditional Use Permit (CUP) to construct a 23,729 square foot, 1000-seat pavilion tent, to be temporarily operated for production shows for three years, located at 123 North Palm Canyon Drive, Zone C-B-D, Section 15, APN 513560008; and WHEREAS, the proposed project includes the demolition of approximately 17,000 square feet of the existing Desert Fashion Plaza to be replaced by the performance theatre, lobby area, truss lighting towers, and lighting on planted shrubs; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS the proposed project was submitted to appropriate agencies as required by the requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, the proposed project was presented at a Neighborhood Meeting on September 26, 2005; and WHEREAS, the proposed project was reviewed by the Architectural Advisory Committee on October 10, 2005; and WHEREAS, proposed project 5.1073 CUP is considered a "project" pursuant to the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration was prepared for this Project and has been distributed for public review and comment in accordance with CEQA Guidelines; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the Case 5.1073 CUP was given in accordance with applicable law; and WHEREAS, on October 19, 2005, the Planning Commission conducted a duly noticed public hearing on said project; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the public hearing on the project, including but not limited to the Case 5.1073 CUP, staff report, all environmental data including the Mitigated Negative Declaration, Neighborhood Meeting comments, Architectural Advisory Committee comments, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. The Planning Commission has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the Planning Commission's independent judgement and analysis. Section 2: Pursuant to Section 94.02.00 of the Palm Springs Zoning Code: a. The use applied for at the location set forth in the application is properly one for which condition use permit is authorized by this Zoning Code. In accordance with the Palm Springs Zoning Code, Section 94.02.00.2.h, this project proposes an establishment involving large assemblages of people and therefore, requires a Conditional Use Permit. The site is governed by Planned Development District 147 (PD-147) that created the Desert Fashion Plaza, with an underlying C-B-D (Central Business District) zone. The proposed use is consistent with PD-147, which contemplated a regional shopping mall. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. The proposed project has been created with the intent of encouraging patronage of other downtown businesses before and after the show, thereby encouraging pedestrian activity in the downtown area. b. The use is necessary of desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The use is necessary and desirable for the development of the community because it will replace a vacant dilapidated building with a use that will promote revitalization of the downtown; is in harmony with the General Plan by promoting commercial vitality, eliminating deficiencies and stimulating economic development; and as proposed and conditioned is not detrimental to the surrounding existing uses and the planned uses of the CBD zone. C. The site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, wails or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighbourhood. The Desert Fashion Plaza site, as the project is proposed and conditioned, is adequate to accommodate the proposed temporary pavilion theatre, given the parking supply and operations as conditioned, setbacks for the high-rise structure, and the surrounding street trees which buffer the site. d. The site for the proposed use relates to streets and highways properly designed and impoved to carry the type and quantity of traffic to be generated by the proposed use. The Desert Fashion Plaza site and surrounding roadways are designed to provide adequate access for the proposed use. Project conditions provide for special traffic control when Palm Canyon Drive is closed to vehicular traffic during VillageFest and to also direct traffic northbound and eastbound in order to minimize traffic impacts to the surrounding residential neighbourhood. e. The conditions to be imposed on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone's property development standards. Conditions have been provided in Exhibit A of this resolution that protect the health, safety and general welfare with regard to the proposed temporary pavilion theatre. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval of Case 5.1073 CUP, subject to the conditions of approval in the attached Exhibit A. ADOPTED this 191" day of October, 2005. AYES: 7 / Hoch a nadel/Cohen/Hutcheso n/Ri ng lei n/Roath/S hoenbe rg er/Ma ra ntz NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA la in ommi i n Secretary 101 EXHIBIT A CASE 5.1073 CUP 123 North Palm Canyon Drive October 19, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative 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. 6 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 conceming Case 5.1073 CUP. 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 master by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Conditional Use Permit 5.1073 shall be valid for a period of three (3) years from O the issuance of the certificate of occupancy. Time extensions may be granted by the Planning Commission upon demonstration of good cause. The proposed development of Conditional Use Permit 5.1073 is as shown and approved by the City Council as Attachment 2 to the staff report dated October 19, 2005. Within 60 days of the termination of the permit, all structures and improvements as shown on the approved plans, shall be removed from the site and the site shall be maintained in a first class condition in accordance with all applicable law, rules, ordinances, and regulations of all federal, state, and local bodies and agencies having jurisdiction. 4. That the applicant and successors and assignees in interest shall maintain and repair the project improvements, including without limitation all structures, sidewalks, landscape, irrigation, lighting, signs walls and fences directly related to the proposed use, 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 applicant's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 6. 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 112% for commercial projects or 114% 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. Environmental Assessment 7. The mitigation measures of the Mitigated Negative Declaration (MND) are incorporated into these conditions of approval. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Project Operations 9. The required 333 off-street parking spaces shall be provided on -site in the Desert Fashion Plaza parking lot/structure. 10. The area directly south of the box office shall not allow any parking and shall be kept clear for a theater patron gathering place. Any affected handicapped parking spaces shall be relocated in accordance with ADA standards. 11. The Desert Fashion Plaza parking entries and exits on Palm Canyon Drive, Tahquitz Canyon Way, and Museum Drive shall be kept open to serve the parking and vehicular access demands of the Palm Springs Pavilion Theatre. 12. Tickets for performances at the Palm Springs Pavilion Theatre shall include parking information to direct patrons to the Desert Fashion Plaza parking facilities using Palm Canyon Drive, Tahquitz Canyon Way, or Museum Drive and on Thursday nights, direct patron traffic to Alejo Road and Belardo Road in order to avoid local residential streets. 13 14. If the parking for the proposed pavilion theatre is not free, but is park for a fee, the fee shall be collected on vehicles exiting the parking lot to avoid vehicle stacking on public streets. No fee shall be collected on entry to the Desert Fashion Plaza lot from 1-hour before a performance to 30-minutes after the performance. Fee collection booths should be sufficiently manned to avoid vehicle stacking, particularly on surrounding public streets. The project shall comply with the Chapter 11.74 of the Palm Springs Municipal Code (Noise Ordinance) and Section 93.21.00 of the Palm Springs Zoning Code (Outdoor Lighting). The City may require testing of the project's compliance with the Noise and Outdoor Lighting Ordinances. If needed, the applicant shall reimburse the City for any costs associated with such testing and evaluation. GENERAL CONDITIONS/CODE REQUIREMENTS 15 Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to certificate of occupancy. 17. All awnings shall be maintained and periodically cleaned. 18. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 19. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 20. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 21. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 22. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicapped 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". 23. 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. 24. Compact and handicapped spaces shall be appropriately marked per Section 93.06.O0.C.10. 25. 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. FIRE DEPARTMENT 1. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 2. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. 3. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 4. Exit Sign Lettering Requirements: Exit signs shall be 6" high with 3/4" stroke block letter on a contrasting background. 5. Group A Occupancy Exit Requirements: Exit doors serving Group A Occupancies shall not be provided with a latch or lock unless it is panic hardware. (1007.2.5 CFC) 6. A Occupancy Corridor Requirements - Floor -Level Exit Signs: Floor -Level Exit Signs are required. Signs shall be internally or externally illuminated, or self - luminous. The bottom of the sign shall not be less than 6" or more than 8" above floor level and shall indicate the path of exit travel. Sign locations to be determined by fire inspector. Photoluminescent signs are not acceptable. (1007.2.8 CFC) 7. A Occupancy Corridor Requirements - Posting of Room Capacity: Any room having an occupant load of 50 or more where fixed seats are not installed, and which is used for assembly purposes, shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit from the room. Such sign shall be maintained legible by the owner or the owner's authorized agent and shall indicate the number of occupants permitted for each room use. (2501.16.1 CFC) 8. FloorMall/Ceiling Coverings: (Textile) floor, wall and/or ceiling coverings: (Textile) floor, wall and/or ceiling coverings shall meet the requirements of the 2001 CFC and 2001 CBC. Submit critical flux data, certificates and listings directly to the fire department for approval and file. 9. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. POLICE DEPARTMENT x The applicant shall provide private security before, during, and after the show. 2. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. MUSEUM DRIVE 2. If bus loading and unloading, and temporary bus parking is allowed on Museum Drive, the applicant shall install appropriate traffic striping and signage meeting the approval of the City Engineer, delineating temporary bus parking spaces for bus loading and unloading along the east side of Museum Drive, adjacent to the subject property. The limits of the bus loading and unloading zone shall be determined by the City Engineer, and may be modified (lengthened or shortened) as necessary to meet the demand generated by the project. SANITARY SEWER 3. All sanitary facilities shall be connected to the public sewer system. GRADING 4. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. 5. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. 6. The first submittal of the Grading copy of final approved conforme 7. d 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 a grading plan and involving the export of soil 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) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 8. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. ON -SITE 9. It is recommended that bus loading and unloading for this project occur on the subject property, and not on adjacent City streets. Provisions should be made for bus parking within the existing parking lot to avoid disruption to traffic along Tahquitz Canyon Way and Museum Drive. The applicant should identify an appropriate location for bus parking on -site, and a routing plan for bus ingress and egress prior to and after performances occurring at the theatre. Existing overhead height limitation guides should be removed and replaced with appropriate height limitation warning and guide signs, acceptable to the City Engineer, to allow bus ingress and egress within the existing parking lot. Bus ingress and egress onto the project site should occur from the existing "exit only" driveway access on Museum Drive. 10. If on -site bus loading and unloading, and parking, is not possible on -site, it shall Q occur along the east side of Museum Drive immediately adjacent to the project site, in a location designated by the City Engineer. Bus parking on Museum Drive shall be prohibited, and bus loading and unloading shall be limited to a maximum of 10 minute intervals. The applicant shall ensure that after unloading passengers, bus parking occurs off -site at locations approved by the City Engineer or on private property with the property owner's approval. Bus parking on City streets during performances is prohibited, unless specifically approved by the City Engineer. A bus routing plan for loading and unloading of passengers from the theatre shall be submitted to the City Engineer for approval, with specific emphasis on bus routing during Thursday evening performances, to ensure adequate provisions are made to avoid disruptions to existing traffic control restrictions in place for VillageFest. GENERAL. 11. All proposed utility lines shall be installed underground. 12. All existing utilities shall be shown on the grading plan. The existing and proposed service laterals shall be shown from the main line to the property line. 13. The original grading plan prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved grading plan shall be submitted to the City Engineer for approval prior to construction. TRAFFIC 14. The applicant shall furnish law enforcement or other personnel trained and certified to provide traffic control for diversion of traffic at the Tahquitz Canyon Way/Belardo Road intersection, and at the Tahquitz Canyon Way/Museum Drive intersection (subject to the approval by the City Engineer), following each evening performance ending on Thursday nights, as necessary to improve traffic circulation affected by street closures related to VillageFest and impacted by the volume of traffic leaving Thursday evening performances. Law enforcement personnel may be employed by law enforcement agencies other than the City of Palm Springs Police Department, provided the Palm Springs Police Chief (or his designee) reviews and approves of the use of the suggested law enforcement personnel. It shall be the applicant's responsibility to obtain law enforcement personnel for traffic control at the required intersections, and in the event law enforcement personnel are unavailable, the applicant shall advise the City Engineer in writing a minimum of 48 hours in advance, who shall advise the City Manager to determine whether the cancellation of the Thursday night performance is in the interest of the public's health, safety and welfare. The City Manager's determination shall be final, not subject to appeal. 15. In order to minimize traffic impacts to surrounding local residential streets, on all performance days, the applicant shall furnish directional traffic signs directing vehicles to exit either eastbound on Tahquitz Canyon Way or northbound on Museum Drive. Prior to certificate of occupancy, the applicant shall submit a plan showing proposed sign locations to the City Engineer for review and approval. 16. 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. Ee K