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HomeMy WebLinkAbout5/17/2000 - STAFF REPORTS (14) DATE: May 17, 2000 TO: City Council FROM: Director of Planning and Building CASE NO.5.0830-PRELIMINARY PLANNED DEVELOPMENT NO.260-APPLICATION BY PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC. TO ALLOW FOR THE DEVELOPMENT OF A PROPOSED MIXED-USE FACILITY WHICH INCLUDES A 198- ROOM HOTEL, 176 VACATION OWNERSHIP UNITS, BANQUET AND MEETING FACILITIES, RESTAURANT AND LOUNGE FACILITIES, POOL, SPA AND OTHER ASSOCIATED RECREATIONAL AMENITIES ON AN 11.41 ACRE SITE LOCATED ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE, NORTH OF MESQUITE DRIVE AND SOUTH OF SUNNY DUNES DRIVE IN THE R-3(MULTIPLE FAMILY RESIDENTIALAND HOTEL) AND C-1 (RETAIL BUSINESS) ZONES, SECTIONS 22 and 23. TENTATIVE TRACT MAP NO. 29691- APPLICATION BY PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC.TO ALLOW FOR THE SUBDIVISION OFAN EXISTING 11.41 ACRE PARCEL INTO NINE LOTS RANGING IN SIZE FROM .35 ACRES TO 3.23 ACRES,AS WELLAS FORTIMESHARE CONDOMINIUM PURPOSES,TO FACILITATE THE DEVELOPMENT OF THE MIXED USE FACILITY WHICH IS THE SUBJECT OF PLANNED DEVELOPMENT NO.260, LOCATED ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE, NORTH OF MESQUITE DRIVE AND AND SOUTH OF SUNNY DUNES DRIVE, IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL AND HOTEL) ZONE AND C-1 (RETAIL BUSINESS) ZONE, SECTIONS 22 AND 23. RECOMMENDATION: The Planning Commission recommends that the City Council adopt a Mitigated Negative Declaration and approve Case No. 5.0830-Preliminary Planned Development No.260 and Tentative Parcel Map 29691, said applications submitted by Palm Springs New Millennium Development, Inc. for the development of a mixed use facility consisting of hotel and vacation ownership units, as well as the subdivision of the 11.41 acre project site into 9 parcels as described above, subject to the conditions as contained in the attached resolution. The officers of New Millenium Development are Art Gold, C.E.0. and Secretary, J. Burton Gold, President, and Jason Gold, Vice President. BACKGROUND: Palm Springs New Millennium Development, Inc. has submitted applications for a Preliminary Planned Developmentand a Tentative Tract Map to allow for the development of a Radisson Hotel and vacation ownership unit project on the west side of South Palm Canyon Drive, north of Mesquite Drive and south of Sunny Dunes Drive. The major elements of the project include a hotel, vacation ownership units, outdoor recreational amenities including pools, a waterslide, a formal restaurant, lounge and banquet facilities. The Tahquitz Creek flood control channel abuts the site at its northerly property line, and the Rock Garden Cafe is located north of, and adjacent to, the site. The Mac Magruder Chevrolet dealership is located south of the site. Vacant Indian Land is located to the west. Page 2 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 The basic site design for the project involves the clustering of the vacation ownership units around a central pool/outdoor recreation area at the west portion ofthe project site,with the main hotel structure oriented toward the front of the project site. The hotel development would incorporate a single level of subterranean parking containing 183 stalls. Otherwise, all off-street parking areas would be open/uncovered, and are primarily located at the perimeterof the site,adjacentto exterior property lines and the vacation ownership buildings The applicant's proposal involves a mixed use project with several components. In order to provide clear and thorough information to the City Council,each part of the application will be discussed in detail; including specific emphasis on the following major categories of analysis: 1. Zoning and General Plan: This portion of the analysis will deal with the existing zoning and General Plan designations and proposed Planned Development District to facilitate development of the project. This section will also include a discussion relative to the consistency of the proposed uses with the Planned Development District. 2. Planned Development/Site and Architectural Review: This portion of the project requests approval of the overall site and design concept, including the proposed land uses, building type and design, orientation of project and other general areas of the master project. The Planned Development application also contains the formal request and reasoning for certain proposed deviations from zoning code requirements relative to setbacks and open space for highrise building structures. 3. Highrise Ordinance: This section will deal with the applicant's request to construct highrise buildings which exceed the C-1 and R-3Zone District respective maximum building heights of 30 feet. The Highrise Ordinance defines a highrise building as a structure which exceeds 35 feet in height. The maximum height of highrise buildings shall be 60 feet(allowable projections allow additional 15 feet), and said buildings shall be subject to approval of a Conditional Use Permit or Planned Development District. The applicant's proposal to construct 60 ft. high buildings is being requested as part of the Planned Development District application. The Highrise Ordinance allows for deviations based upon site-specific circumstances. 4. Parking Analysis and on-site circulation: Due to the multiple uses which constitute the proposed project, the report will contain a separate parking analysis which analyzes parking and on-site circulation issues in detail. This portion of the application involves a request for a ten percent reduction in the number of required parking stalls. 5. Traffic and Off-site circulation issues:This section ofthe report will deal with on and off-site circulation and traffic issues such as additional traffic impacts attributableto the project, the future construction of the Belardo Road extension and bridge crossing over the Tahquitz Creek flood control channel. 6. Outdoor recreational areas: This section will deal with the numerous types of Ila outdoor recreational areas which are proposed within the project area.These include the pool area, outdoor assembly area, landscaped areas and all other areas which are common to both the hotel and vacation ownership facilities. Currently, there is Page 3 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 an existing equestrian facility on site which staff is recommending be relocated on site or to the flood control district right-of-way. As a portion of this analysis, certain existing hotel developments will be used as examples of common outdoor recreational amenities. 7. Tentative Tract Map:This portion of the project is to subdivide the existing 11.41 acre (10.67 net acres)subject site into a total of 9 individual lots ranging in size from .35 acres to 3.23 acres and to create timeshare condominiums. The proposed subdivision will create individual lots of record forcertain buildings and open space areas as identified on the tentative tract map. Staff Analysis: 1. Zoning and General Plan Analysis:The subject site consists of three parcels Two of the parcels are zoned R-3(Multiple Family Residential and Hotel Zone), and the third parcel is zoned C-1(Retail Business Zone). The R-3 Zone allows multiple family dwellings and hotel facilities as permitted uses. The C-1 Zone allows hotels and resort hotels subject to the R-3 Zone Standards.The main portion of the hotel building is on the parcel which is zoned C-1. Portions of the hotel and all of the time share buildings are on the parcels which are zoned R-3. The General Plan Land Use Element designates the C-1 zoned parcel as Resort Commercial and the two R-3 zoned parcels as High Density Residential. The majority of the proposed hotel development is on the parcel designated as Resort Commercial. Portions of the hotel and all of the time share buildings are on the parcels which are designated as High Density Residential. The proposed planned development and subdivision are consistentwith the adopted General Plan designations of Resort Commercial and High Density Residential and the Zone District designation of R-3(multiple family residential and hotel zone). Approximately 70%of the site is zoned R-3 and the remaining 30% is zoned C-1. The purpose of the Resort Commercial designation is to provide for resort hotels, including a broad range of convenience and tourist commercial services principally serving resort clientele; these services include restaurants, entertainment and retail uses. The maximum residential density for the R-3 zone district is 43 units per net acre for hotel purposes based upon the R-3 zone district requirement of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking, and a minimum of 800 square feet of net lot area for each such unit when all parking on the property is provided underground. For multiple family dwellings there shall be a minimum of 2,000 square feet of net lot area for each dwelling unit in a multiple family complex. The project as proposed is consistent with the density limits of the General Plan and Zoning designations. Allowable density ranges from 232 multi-family residential units to 464 resort hotel units. The proposed 374 unit resort is within the density range of the City's Zoning Ordinance and General Plan. 2. Planned Development; Site and Architectural Review: The Preliminary Planned Development proposal involves the overall project site and architectural review and would establish the basic building and site configurations. Further, the Planned Development application is necessary inasmuch as the project involves highrise buildings, which are defined in Section 9304.00 of the Palm Springs Zoning Ordinance as buildings or structures which exceed 35 feet in height. Highrise buildings require approval of a Conditional Use Permit or a Planned Development District,and are subject to the standards contained within Page 4 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 that section. This portion of the request is discussed in detail in a subsequent portion of the staff analysis section. The site and architectural review for this project combines an analysis of the function and integrity of site design with a review of the proposed building theme and architecture The proposed building design has been modified several times based upon Design Review, Planning Commission, and staff comments. Building massing has been reduced adjacent to South Palm Canyon Drive and Belardo Road by increasing setbacks by stepping the building back. Proposed building materials and finishes feature natural stone, hand-troweled plaster,and two-piece barrel tile. The Planning Commission has recommended a condition of approval which requires strict compliance with preliminary building design and materials. Furthermore, a detailed on-site construction mockup is being required to show actual workmanship prior to application of exterior materials and finishes. The project incorporates a number of decorative elements that contribute to the Tuscan - themed appearance of the project. Extensive use of stone and tile, decorative tower features,functional clock towers, balconies and trellis structures and varying roof lines and designs all contribute to the primary architectural style which the project is attempting to convey. The front elevation adjacent to South Palm Canyon Drive incorporates a look-out area with a rock and stone base which conveys the fortress-like quality of the lower elevations of the main building. Asignificant amount of rock and stone are incorporated in the lower portion of the main building to convey the theme of the project. Extensive landscaping is also proposed to further accentuate and define the project both in it's natural setting and as a Tuscan-themed resort. The project landscaping plan also incorporates a number of palm trees at the main entryway to carry through the South Palm Canyon Drive palm tree theme. Section 9315.00 of the Zoning Ordinance sets forth the criteria for use or occupancy of land on a time - share basis. This type of land use and occupancy require the approval of a conditional use permit. For this particular application,the request has been incorporated into the Planned Development District application in orderto streamline the application process. Subsection"E"states that in determining whether,and underwhat conditions to allow time- share uses, the City Council, among other things, may consider: a. The impact of the time-sharing project on transient or permanent rental stock, b. The impact of time-sharing on present and future city services; C. Nonconformity with currentzoning regulations and the General Plan, and reasonable conditions to eliminate same; d. Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same; e. The sign program proposed for the project; f. The landscaping proposed for the project; 9. Traffic circulation and parking; Page 5 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 h. The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time-share project; i. The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate; j. Any otherfactors deemed relevant and any other information which the commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application. In considering the proposed time share units and land use,the City Council should take into consideration the above-noted factors,as well as the general acceptability of the proposed use at the subject site and in conjunction with the hotel development. The Planning Commission found thatthe proposal is consistentwith the objectives and findings of Section 9315.00,and thatthe City Council should approve of the time share land use and occupancy as proposed by this application. 3. Highrise Ordinance: Section 9304.00 oftheZoning Ordinance contains the regulations and guidelines relative to the development of highrise structures. Section 9304.00 B states that"Maximum heightof highrise buildings shall be sixty(60)feet. An additional fifteen (15) feet maximum may be allowed for stairways, elevators, and mechanical equipment on the roof, provided the bulk of the building does not appearto be over sixty (60) feet." Item "C" of that section states that "a highrise building shall have a minimum setback of three(3)feet of horizontal setback for each one(1)foot of vertical rise of the building. This setback requirement is to be measured from the property lines except when a site in question abuts a street. Then itshall be measured from the right-of-way line on the opposite side of the abutting street. The City's General Plan Street Plan shall be used to determine the right-of-way line and, in no case,shall more than one hundred (100)feet of street right- of-way be used in determining a setback distance. The minimum setback for any structure, regardless of height, shall be as prescribed by the underlying zone." Item"F"of that section states that"Highrise buildings shall be designed to insure that each structure fits into the resort character of the community and blends in with the natural surroundings." Finally, Item "G" allows for derivations based upon site specific findings. Certain portions of the proposed highrise building structures do not comply with the aforementioned criteria relative to required horizontal setback. Consequently, portions of taller buildings would require a minimum setback ranging up to 180 ft. from property lines in order to comply with the aforementioned code section. The Planning Commission and City Council have the authority to grant certain reductions to the strict requirements of the Zoning Ordinance. Subsequent to the original submittal, the applicant submitted plans indicating certain modifications to reduce height and increase building stepbackforthe main f hotel building adjacent to South Palm Canyon Drive. A portion of the hotel building is � setback an average of40 ft.from South Palm Canyon Drive,and the majority of the building is setback 200 to 300 feet from South Palm Canyon Drive Page 6 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 Proposed building heights for the five-story building are 60 ft.to the plate line and 64 ft.to 68 ft. to the peak of the tile roofs. Elevator/stairwell towers have a maximum height of 68 ft. Projections above 60 ft. are allowed provided the mass of the building is approximately 60 ft. The proposed hotel building at the east portion of the site has a maximum height of64 feet. This building is relatively narrow (76 ft.) and is visually and architecturally softened and partially screened by the Rock Garden Cafe and the proposed restaurant. Considering the width of the property, relatively narrow building projection, and architectural design, the Planning Commission found that this portion of the building is acceptable The maximum proposed building heightof60ft. is allowable if approved in conjunction with a Planned Development District. The project includes seven structures with an indicated height of five-stories,two structures with an indicated height of four-stories,two structures with an indicated height of 3-stories, and two structures with an indicated height of two- stories. The remaining structures are indicated as single story with maximum building height of between 14 and 18 feet. When considering the impactof the proposed highrise structures, it is importanttotake into account all sides of the proposed project including setbacks, building massing, existing conditions and the effectof the proposal on all viewsheds. Therefore,the analysis of project aesthetics will include a visual analysis from all four directions as follows: North: The view to the project site from the north is across an area that has a large number of existing developments, vacant land, and the Tahquitz Flood Control Channel. This elevation will encompass views of the hotel (60 ft. high), as well as time share buildings B, D, and G (all proposed at 60 ft. in height). The proposed buildings range in height from 20 ft.to 60 ft. Buildings are setback from the property line 70 ft. The Highrise Ordinance uses the right-of-way line on the opposite side of public streets as the point of measurement. Sincethe RCFCWCDTahquitz Creek Channel cannotbe built upon,staff recommends that the highrise setback be measured from the opposite side of the channel. In this condition, the buildings are set back over 350 feet from the opposite side of the Channel easement. Additionally, Sunny Dunes Road is located just north of the channel. If the opposite side of Sunny Dunes Road is used for setback purposes,the building is setback approximately 445 ft. from this measurement point.The nearest developable land north of the subject property is approximately 400 ft. Based upon a detailed review of the north setback conditions, the Planning Commission found that the proposed building setback conditions comply with the intent of the Highrise Ordinance setback requirements. South: The view to the project site from the south is across an area that is primarily developed with a combination of commercial and residential uses. This elevation will encompass views of the hotel(60 ft. high), restaurant(20 ft. high), ballroom (20 ft. high), as well as time share buildings I, K, (both proposed at 60 ft. in height), and L (proposed at 40 to 50 ft. in height). The project lies just north of Mac Magruder's Chevrolet automobile dealership. The mass of the building is located adjacenttoa property line building wall condition which inclu des the JJA0 main showroom and service area. The auto dealership takes no advantage of views to the north. The proposed buildings along this frontage range in heightfrom 20 ft.to 60 ft. and are Page 7 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 setback approximately 70 ft. Residential properties are located south of Mesquite Avenue and are buffered by the auto dealership. These properties, an RV park, and mobile home park are not designed to take advantage of northerly views. Based upon the orientation of the existing building, land use, and proposed setback, the Planning Commission recommends that the requested setback relief is a reasonable request that will not cause significant view impacts. The Commission is recommending increasing landscape areas adjacent to the building to soften the mass of the building and screen the auto dealership from guest rooms. East: The view to the project site from the east is across an area that is vacant with residential uses in the distance. This elevation will encompass views of the hotel (60 ft. high), restaurant(20 ft. high), aswell as time share buildings H and G(both proposed at 60 ft. in height).The main portion of the hotel is set back 40 ft.from South Palm Canyon Drive. The balance of the eastside of the project is adjacentto the Rock Garden Cafe parking area. This restaurant features outdoordining on the South Palm Canyon frontage(opposite of the hotel) and parking area adjacent to the proposed hotel. The building is 20 ft. in height and setback 25 ft.from the property line and 150 ft. from the proposed hotel. Residential land uses are separated by an 11 acre vacant site zoned C-1 and are in excess of 700 ft. away. This relationship is reasonable and will not diminish key views from the existing restaurant West:The view to the project site from the west is across a largely undeveloped section of alluvial plane which slopes down from the foot of the mountains. Asingle family residence and the Tahquitz Interpretive Center, which is currently under construction, are the only structures located to the west of the proposed development. This elevation will encompass views of the hotel (60 ft. high), as well as time share buildings A(30-40 ft. in height), B(50- 60 ft. in height), L(40-50 ft. in height)and K(50-60 ft. in height).The applicant is requesting relief from the highrise setbacks for limited portions of the building (Buildings I and B). These buildings and frontage have been redesigned several times to reduce building mass, increase setbacks and building height variations. Buildings I and B are 60 feet in height. Other buildings range in height from 30 to 40 feet. Limited encroachments are being requested. As shown in this building elevation, the majority of this street frontage has buildings and/or landscape features in the 30 to 40 feet in height range. As noted in the Environmental Assessment,the adjacent property slopes from west to east and has a grade difference of 60 ft. Additionally,the properties are separated by Belardo Road. Based upon proposed building design, setbacks, Belardo Road buffer, and topography of the adjacent property,the requested highrise setback relief is reasonable and will not cause a significant effect. The environmental assessment also recommended that the landscape/waterfall feature be reduced in height by 10 ft. Plans have been revised. Please see the following section regarding the Tahquitz Interpretive Center on page 12. The applicant maintains their desire to construct the project as submitted with the highrise buildings as shown on the conceptual plans. The Design Review Committee, the Planning Commission, and City staff have expressed concerns relative to building mass and setbacks. The applicant submitted revised plans incorporating building stepback from South Palm Canyon Drive and Belardo Road,while creating a strong identity statement on South Palm Canyon Drive. The City Council may wish to consider the viewshed issue from several perspectives. First, the issue of long-term visual impacts associated with the highrise portions of the project will affect future developments on the vacant properties adjacent to, and within the immediate vicinity of, the subject property. The maximum Page 8 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 proposed building height of60 feet will,in effect, reduce certain vistas of the mountains and the valley floor. Once constructed, this effect will be permanent. Future development potential of vacant properties will be affected by the highrise portions of this project. Consequently, the City Council should consider both short term and long term visual and aesthetic impacts of this proposal. The Planning Commission has recommended that the City Council grant the deviation from the strict application of the building setback pursuant to Section 9304.00. Asa comparison,the Wyndham Hotel has a maximum height of75 feetand approximately 337,000 sq. ft. of building area. The building is setback approximately 300 feet from Tahquitz Canyon Drive. The north -south building dimension is approximately 500 feet. These dimensions are comparable to the subject proposal. 4. Off-Street Parking and Site Circulation: A total of 557 parking stalls have been proposed for this project, which includes all of the required parking for the hotel, vacation ownership units, restaurant, lounge, banquet and office uses, as well as staff parking. Staff has done a thorough analysis of the proposed parking relative to proposed uses and square footage of each. PARKING ANALYSIS Land Use Parking Required Hotel 198 Rooms 161 Timeshare 176 Units 343 Restaurant 200 Seats plus employees 48 Observatory Lounge 200 Seats plus employees 48 Meeting Rooms/ballroom 1,000 square feet n/a (credits at 35 sf per room) Retail/Spa Staff 12 employees 12 Parking Required: 612 Ten Percent Reduction -61 Total required 551 Parking Proposed 557 The required number of off-street parking stalls for this project is 612. However, in the past the Planning Commission and City Council have allowed a reduction in the number of required parking spaces by approximately ten (10) percent for large resort hotels. A ten percent reduction would decrease the required number of parking stalls to551. Therefore, if the City Council granted the minor modification as part of the applicant's request,then the current proposal of 557 stalls would fall within the allowable reduction. In reviewing this portion of the request,the Planning Commission has taken into consideration the size and scope of the project, the proposed uses contained within the project area and the size of I each use. Staff supports this parking reduction. Similar on-site parking reductions have been approved in the past for comparable projects. As part of it's action on April 26, the Page 9 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 Planning Commission recommended approval of the minor modification to the required number of parking spaces. 5. Circulation On-site circulation consists of private driveways which provide access to all portions of the development. The primary drive aisle system encircles the development at its perimeter and also provides access to the majority of the off-street parking stalls. Vehicular ingress and egress to the site is provided by two driveways located off of South Palm Canyon Drive. The northerly driveway is the primary project entrance and incorporates decorative palm tree rows on either side to accentuate and define this main entrance. This driveway is signalized. The proposed southerly driveway allows for right-turn-only traffic movements in and out of the site. Finally, there is a proposed driveway on Belardo Road. The Fire Department has requested that vehicular access for fire apparatus be provided from the west. This would involve the construction of portion of the right-of-way of Belardo Road from Mesquite Drive north along the western boundary of the project. The applicant would therefore be responsible forthe construction of Belardo Road abutting the project site. Also at issue relative to this portion of the project is the proposed Belardo Road bridge over the Tahquitz Canyon flood control channel, located north of and abutting the project site. There have been several discussions relative to the construction of this improvement for purposes of completing the Belardo Road extension from its current terminus at Ramon Road to Mesquite Drive. Completion of this portion of the Belardo Road right-of-way would ease traffic congestion on South Palm Canyon Drive,as well as complete an important link in the local circulation system. The City has maintained the position that the bridge construction is necessary to complete the local circulation system in the area. The applicant has been informed of the status of this project. The Tribe and City have submitted a grant application to construct missing portions of Belardo Road and the bridge over Tahquitz Creek. This grant has been ranked in the top three in the state and should be funded within the next several years. Recommended conditions of approval include dedication and construction of 661 feet of Belardo Road adjacent to the subject property and an extension of Belardo Road to Mesquite Avenue. Furthermore, the project will be required to pay its proportionate share of the cost to construct the bridge. In the event that the grant is approved and improvements constructed, the project should be relieved of these conditions. The project will be required to construct any remaining ultimate improvements to South Palm Canyon Drive along the project frontage. That right-of-way is currently improved with paving, curb, gutter and a landscaped median with mature palm trees. The Engineering Division is recommending that South Palm Canyon Drive be widened across the property frontage from the north property line to Mesquite Avenue. The developer has asked the Planning Commission and City Council to defer the South Palm Canyon Drive improvements at this time. A traffic study was conducted for this project by Endo Engineering. The study was submitted and reviewed by the City Engineer, and identifies a number of project-specific impacts relative to traffic both on and off-site. The circulation impact associated with the proposed development is the generation of 4,070 daily trips, which includes 267 mid-day peak hour trips, (152 inbound and 115 outbound) and 312 evening peak hour trips (174 inbound and 138 outbound). The identified impacts are based upon a number of Page 10 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 assumptions determined as a part of the study as well as the plans as proposed by the applicant. Based upon the projected impacts and assumptions contained within the study, the traffic engineer has proposed specific recommendations to mitigate the potential adverse traffic impacts of the project both on and off site. The specific mitigations include improvements to Belardo Road, including its connection to Mesquite Avenue to the south, project participation in the construction of a raised median along South Palm Canyon Drive adjacent to the site,signalization of the main project entrance adjacentto South Palm Canyon Drive, coordination with the local transit agency regarding the need for on-site public transit facilities, contribution of traffic impact mitigation fees by participation in the TUMF program, contribution on a fair share basis to circulation improvements of area wide benefit, such as the Belardo Road Bridge across Tahquitz Creek, and other mitigations as required by the City Engineer upon specific review of the final development plans for the project. In addition to the above-recommended mitigations, the Engineering Division has provided recommended conditions of approval for the project which include specific traffic mitigations. 6. Outdoor Recreational Areas: The project incorporates a substantial amount of landscaped areas(55%)as well active and passive outdoor recreational areas. Landscaping for highrise building projects is required to meet minimum zoning code standards as specified in Section. 9304.00 A. of the Palm Springs Zoning Ordinance. For highrise projects, 60%of the site area shall be developed as useable landscape areas. This section sets only minimum standards, and the City may request enhanced landscaping based upon a particular project scope and design. Due to the size and scope of this project, landscaping and open areas are an important functional part of the overall project theme and aesthetics. The proposed development incorporates a large water feature in the central courtyard area consisting of a pool, children's pool,jacuzzis, sand beaches and rock grotto areas. This area is the recreational focal point of the project and is generally surrounded by vacation ownership unit buildings with a gap between buildings at the west elevation in order to preserve views to the mountains. The eastern end of the pool area incorporates an outdoor activity area with a seating area for outdoor activities and presentations. The seating area is located to take advantage of the aforementioned westerly building gap to maximize mountain views. In reviewing the landscape and common area plans submitted by the applicant, staff has determined that 55% of the site is landscaped pursuant to the definition contained in the highrise building section. The applicant has requested relief from the 60%requirement. The Planning Commission supports this request since the only way to achieve 60%open space would be to construct more underground parking, increase building height, or reduce the number of units. By comparison,the proposed hotel which is the subject of this application has a maximum height of 60 feet and approximately 68,000 sq. ft. of building area. The building is setback approximately40 feet from South Palm Canyon Drive with the bulk of the building setback two to three hundred feet from South Palm Canyon Drive. The north-south building dimension is approximately 500 feet. The massing of the proposed hotel structure is similar to that of the Wyndham Hotel in that both have large primary building structures which dominate the viewshed from the public right-of-way and adjacent parcels. Page 11 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 Currently, there is an equestrian tie up area located on-site adjacent to the Rock Garden Cafe. This area is used several times a year by Desert Riders and other equestrian groups. This tie up area is located between the Bud Furer Trail and South and North Lykken Trails and is used to tie horses up while riders have lunch. The Planning Commission recommends thatthe developer either relocate this facilityto the northeast corner of the site or work with RCFCWCD to relocate it to the Tahquitz Creek Channel. If necessary, the developer may want to either dedicate this area or grant an easement to the City for its on- going use and operation. It is anticipated that one to two group rides per year would use this facility and an occasional small group might use it. Group and private rides are usually made up of individuals who ride on a frequent basis and are experienced riders. These trails are not used by Smoke Tree Stables for rental rides due to location and experience needed to ride these specific trails. All trails are for experienced riders. 7. Tentative Tract Map: The applicant has filed a tentative tract map in order to subdivide the existing three parcels which comprise the subject site into a total of nine parcels and to create timeshare condominiums. The new parcels would range in size from .35 acres to 3.23 acres. The purpose of the subdivision is to allow property development on individual parcels consistent with the phasing plan described below. The largest parcel (Lot One)would be developed with six vacation ownership buildings,the pools and outdoor amphitheater. LotTwo would be developed with the hotel complex, lobby, ballroom, kitchen and office facilities, lot three with a vacation ownership unit building and the spa,and lots four through eight with vacation ownership unit buildings. Lot nine would be developed with the restaurant/]oungecomplex. Off-street parking areas would be subdivided by the proposed map and each of the nine proposed parcels would encompass a portion of the off-street parking areas. In order to maintain parking and drive aisle continuityand continuing availabilityof all off street parking and drive aisles, the applicantwill be required to record an irrevocable, reciprocal access, parking and drive aisle easement over all parcels created by this subdivision. This instrument is typical in association with subdivisions of land which propose property line divisions in parking, access and drive aisle areas, as is often the case in commercial subdivisions. The proposed subdivision meets the minimum requirements for lot area,width and depth in both the R-3 and C-1 zone districts. The applicant has submitted a tentative tract map for the purposes of condominium subdivision. The condominium subdivision map is submitted for the purpose of creating airspace forthe individual residential unitownership. Atotal of 176 condominium units are proposed to be created by this subdivision. The condominium map forsubdivision purposes is consistentwith the requirements forthis type of map as contained within the Subdivision Map Act of the State of California. The applicant has stated that the timeshare owners will receive a 1/52nd undivided fee interest in a condominium unit which has been dedicated to the vacation ownership project. Usage will be governed by the Declaration of Covenants, Conditions, and Restrictions and Public Report which will provide, among other things, for a fully floating use period, meaning that owners may be assigned any one of the dedicated condominiums for one week anytime during the year. It is the intent that rentals of unused owner space and undedicated vacation ownership villas will be controlled and operated by the vacation ownership owners association. Managementof the projectwill be conducted on-site bythe vacation ownership owners association orathird party management company to which the owners association will delegate certain of its management rights and obligations. The applicant has stated that the proposed time share development would Page 12 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 consist of fee ownership units. Site and Building Lighting: The proposed development is located adjacent to the mountains and borders a largely undeveloped area. Lighting concerns will need to be addressed in order to protect night sky views and generally provide for site and building lighting which is aesthetically pleasing and does not cause light and glare impacts to adjacent properties and uses. Therefore, the applicant has submitted a preliminary site and building lighting plan in order to allow an assessment of these potential impacts. Site and building lighting is regulated by the provisions of Section.9306.C.4of the Municipal Code. The goal of that section is to provide for adequate site, building, and security lighting while protecting adjacent properties and uses from negative light and glare impacts. The zoning ordinance requires that light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged to reflect light away from adjoining properties and the street. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen(18)feet,whichever is less. Up- lighting in landscaping, low level walk lights, and lighting diffused off of wall surfaces are also encouraged. Lighting plans shall take into account the placement and growth of landscape materials. Light standards should be placed between parking spaces. The applicant is aware of the requirements of the City's lighting ordinance and will be required to submit plans and studies demonstrating compliance in the final development plan package. Project Phasing As one of the recommended conditions of approval for the Planned Development, The Planning Commission is recommending that Phases One and Two be merged into a single first phase. This will assure construction of the hotel in conjunction with the first phase of vacation ownership buildings. Otherwise,the City has no assurances thatthe hotel complex will be developed in conjunction with the vacation ownership units. The applicant has been informed of this requirement and is agreeable to merge Phases One and Two into a single phase. The final dev7elopment plan will reflect the merger of the first two phases and the renumbering of the subsequent phases. This will accomplish the aforementioned project goal of unifying the first two phases into a single phase of development. Tahquitz Interpretive Center The Tribal Council is currently constructing an 1,800 square foot interpretive center on Tribal Lands approximately 1,300-1,400 feet west of the proposed resort hotel. The Tahquitz Interpretive Center is oriented to have views to the west, south and east. Parking and entry areas will have views in all directions. The Tahquitz Interpretive Center has an elevation of approximately 580 ft. and the eastern edge of the property an elevation of 480 ft. or less. The Tahquitz Interpretive Center is approximately 100 ft. above the subject property's highest point. The actual pad elevations for buildings within the proposed devlopment range from 472.5 ft. to 482.5 ft. Buildings with frontage on Belardo Road range from 30 ft. to 60 'I j� ft. in height. Views from the Tahquitz Interpretive Center will be affected in that lower elevation views will be reduced. However, panoramic views of the City and valley should not Page 13 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 be significantly affected since the tallest proposed building will be located 38 ft. below the natural grade surrounding the Tahquitz Interpretive Center. There is a 19 acre Indian Trust parcel located between the Tahquitz Interpretive Center and the proposed resort hotel. This property is zoned R-3 and has a General Plan designation of High Density Residential (43/21). Structures ranging in height from 24 to 30 ft. in height are allowable by right of zone. In the future, this property will affect current views from the Tahquitz Interpretive Center to a greater extent than the proposed resort hotel. A detailed site cross-section and building elevations will be presented at the public hearing for this project. Building setbacks,stepped building design and architectural detail work have been incorporated into the projectto reduce the overall mass of the building and visual effects on adjacent properties. Environmental Assessment: An Environmental Assessment was conducted forthis project pursuant to the requirements of the California Environmental Quality Act (CEQA). Due to the nature of this project, a considerable portion of the assessment was directed toward the potential traffic and circulation, drainage and aesthetic impacts of the project. Where applicable, the Environmental Assessment contains specific mitigation measures for reducing the potential impacts caused by the project in the above-noted as well as other applicable areas of impact as contained within the document. A copy of the Environmental Assessment has been included as an attachment to this report. Also, the recommended conditions of approval for the project contain specific conditions to reduce or eliminate certain potential project impacts. Based upon the information and conclusions in the Environmental Assessment,staff is recommending that Mitigated Negative Declaration of Environmental Impact be adopted for the project Public Notice: All property owners within a 400-foot radius of the parcels which constitute the project site were notified of the public hearing by U.S. Mail. Notice of this public hearing was printed in the Desert Sun on April 27,2000. All correspondence received as of the writing of this report has been attached for City Council consideration. Page 14 of 14 Palm Springs New Millennium Development, Inc. May 10, 2000 Planning Commission Action: At it's meeting of April 26, 2000, the Planning Commission reviewed and recommended issuance of a mitigated negative declaration and approval of Preliminary Planned Development No.260 and Tentative Parcel Map 29691 (5-1-1 vote, Commissioner Jurasky voting no, Chairman Mills abstaining). At that public hearing, certain recommended conditions of approval were modified or deleted. Staff has indicated these changes in bold type within the recommended conditions or approval which are attachment 3 to this staff report. At the public hearing there was no opposition to the project. 0. .e Douglas R vE ;ins Planning and Building Director 1 Dallas Flicek Interim City Manager Attachments: 1. Vicinity Map 2. Site Plan 3. Conditions of Approval 4. Environmental Assessment 5. Executive Summary of Traffic Report 6. Draft Planning Commission minutes dated April 26, 2000. 7. Resolution Ill A � f �,L „�• �-� '- ;� r7h rI61-r i l <,— � . �f!14TI.;p , < _ m ; ' ; ; '_ L- V SITE E PLAN SCALE 1'=30- 30F15 �y - A-1-O 1 SCHEMATICS TAR CANYON VILLAGE PALM SPRINGS MDM PALM SPRINGS NEW MILLENNIUM DEVELOPMENT International 39-700 BOB HOPE DRIVE SUITE 300- RANCHO MIRAGE, CA 92270 t PHONE(760) /&3350 FAx nenvve.aiss " *6" CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND BUILDING INITIAL STUDY Application No(s:): No. 5.0830 Planned Development 260 and Tentative Parcel Map 29691 Date of Completed Application: March 14, 2000 Name of Applicant: Palm Springs New Millennium Development, Inc. Project Description: (1)A Planned Development to allow for a mixed-use project consisting of 198 hotel rooms, 176 vacation ownership units, as well as lounge and restaurant facilities, a spa, conference facilities and a gift shop. (2)A Tentative Tract Map to allow for the subdivision of a single parcel of land consisting of 11.41 acres into nine(9)parcels ranging in size from .35 acres to 3.23 acres and for timeshare condominium purposes. Location of project: The project site is located along the west side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Drive, east of and abutting the future extension of Belardo Road. General Plan Designation(s): Resort Commercial and High density Residential. Proposed General Plan Designation(s): No changes proposed. Present Land Use(s): Vacant. Existing Zoning(s): C-1 (Retail Business ) and R-3 (Multiple Family Residential and Hotel). Proposed Zoning(s): No changes proposed. 5.0830-Planned Development 260 and TPM 29691 Page I of 25 Initial Study I Is the proposed action a"project' as defined by CEQA? (See section 2.6 of State CEQA Guidelines. If more than one project is present in the same area, cumulative impact should be considered). YES II If"yes" above, does the project fall into any of the Emergency Projects listed in Section 15269 of the State CEQA Guidelines? NO III If"no"on II., does the project fall under any of the Ministerial Acts listed in Section 15268 (b) of the State CEQA Guidelines? NO IV If"no"on III., does the project fall under any of the Statutory Exemptions listed in Article 18 of the State CEQA Guidelines? NO V If "no" on IV., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply). NO VI Project Description: Tentative Tract Map No. 29691 proposes to subdivide the 11.41 acre site into 9 lots. The lots range in size from.35 acres to 3.23 acres. The purpose of the proposed parcel map is to create lots which generally correspond to the phases of development and to create timeshare condominiums. Planned Development No. 260 proposes a mixed use development consisting of 198 hotel rooms, 176 vacation ownership units, lounge and restaurant facilities,lounge and restaurant facilities,pool and spa facilities, a ballroom, meeting rooms and a gift shop. The development encompasses approximately 162,000 sq. ft. of building area. Building heights range from 2 to 5 floors or 30 to 66 feet in height as measured from pad elevation. Additionally, a parking structure accommodating 304 vehicles in a single level is proposed beneath the main hotel level. The total number of parking stalls proposed is 557, which includes 244 surface parking stalls and 313 stalls within the parking structure. The PDD is requesting modifications to City Zoning Ordinance Highrise Ordinance provisions. Modifications include reductions in hghrise building setbacks and required open space. VII Site Description: 7 5.0830-Planned Development 260 and TPM 29691 Page 2 of 25 MUM Study The site is currently vacant. The vegetation is comprised of native scrub scattered sparsely across the site. There are no trees on the site. Curb, gutter and sidewalk are in place along the site's South Palm Canyon Drive frontage,including mature palm trees within the public right-of-way. The project site's Belardo Road frontage has no public improvements. Equestrian tie racks are located on the site adjacent to the Rock garden Cafe. VIII Surrounding Land Uses/Zoning: North: Vacant Land, flood control channel, and restaurant South: Automobile dealership East: Vacant Land West: Vacant Land Surrounding General Plan: North: Resort commercial and watercourse South: Resort commercial and high density residential. East: Resort commercial West: High density residential IX. Is the proposed project consistent with: If answered yes or not applicable, no explanation is required) City of Palm Springs General Plan ■ Yes ❑No ON/A Applicable Specific Plan ❑Yes ONo ■N/A City of Palm Springs Zoning Ordinance EYes ❑No O N/A South Coast Air Quality Management Plan ❑Yes ❑No ■N/A Airport Part 150 Noise Study ❑Yes ❑No ■N/A Draft Section 14 Master Development Plan ❑Yes ❑No ■N/A X. Are any of the following studies required? 1. Soils Report ■ Yes ❑No 5.0830-Planned Development 260 and TPM 29691 Page 3 of 25 Initial Study 2. Slope Study ❑Yes ■No 3. Geotechn ical Report MYes ❑No 4. Traffic Study ■ Yes ■No 5. Air Quality Study ❑Yes ■No 6. Hydrology MYes ❑No 7. Sewer Study ❑ Yes ■No 8. Biological Study ❑ Yes ■No 9. Noise Study ❑Yes ■No 10. Hazardous Materials Study ❑Yes ■No 11. Housing Analysis ❑Yes ■No 12. Archaeological Report ■ Yes ❑No 13. Groundwater Analysis ❑Yes ENo 14. Water Quality Report ❑Yes ■No 15. Other ❑Yes ■No XI. Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Update, as well as the following studies: 1. A Cultural Resources Survey and Evaluation for the Star Canyon Development Project, Palm Springs, California. Volume I—Technical Report Volume II—Confidential Site Maps and Records ASM Affiliates, Inc., Jerry Schaefer, Ph.D., RPA, January 2000. 111qtj 5.0830-Planned Development 260 and TPM 29691 Page 4 of 25 Initial Study 2. Geotechnical Engineering Report for Star Canyon Village,South Palm Carryon Drive, Patin Springs, California. Earth Systems Consultants Southwest,Shelton L. Stringer,GE2266,March 17,2000. 3. Star Canyon Village Palm Springs Traffic Impact Study. Endo Engineering, Vicki Lee Endo, P.E., TR 1161, February 14, 2000. 4. Preliminary Hydrology Study for Tentative Tract Ma 2p_9691 Mainiero, Smith, &Associates, Inc., Julian A. De La Torre, P.E., March 30, 1999. 5. Planning Commission Staff Report, dated April 26, 2000. 6. City Council Staff Report, dated May 17, 2000. 1 LAND USE AND PLANNING Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Conflict with general plan designation or zoning? (Source#'s) ❑ ❑ ❑ ■ b Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ ■ c Be incompatible with existing land use in ❑ ■ ❑ ❑ the vicinity? d Affect agricultural resources or operations (e.g. impacts to soils or farmlands,or impacts from incompatible land uses)? ❑ ❑ ❑ ■ e Disrupt or divide the physical arrangement of an ❑ ❑ ❑ ■ established community(including a low-income or minority community)? 5.0830-Planned Developmeut 260 and TPM 2969I Page 5 of 25 Initial Study I I A I a),b),d)and e)NO IMPACT The proposed planned development and subdivision are consistent with the adopted General Plan designations of Resort Commercial and High Density Residential and the Zone District designation of R-3(multiple family residential and hotel zone). Approximately 70%of the site is zoned R-3 and the remaining 30% is zoned C-L The purpose of the Resort Commercial designation is to provide for resort hotels, including a broad range of convenience and tourist commercial services principally serving resort clientele;these services include restaurants,entertainment and retail uses. The maximum residential density for the R-3 zone district is 43 units per net acre for hotel purposes based upon the R-3 zone district requirement of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking,and a minimum of 800 square feet of net lot area for each such unit when all parking on the property is provided underground. For multiple family dwellings there shall be a minimum of 2,000 square feet of net lot area for each dwelling unit in a multiple family complex. The General Plan designation for the site is Resort Commercial and High Density Residential. The Resort Commercial designation allows the development of hotels and other visitor serving residential uses at a maximum density of 43 guest rooms per net acre. The High Density Residential Designation allows for the development of a threshold of fifteen(15) and a maximum of 21 dwelling unit per acre for multi-family apartments and similar permanent housing. Hotels and similar types of resort housing are allowed with a threshhold of 30 and a maximum density of 43 dwelling units per acre. Mixed-use residential /commercial developments in conjunction with adjacent commercial properties may be considered. The project as proposed is consistent with the density limits of the General Plan and Zoning designations. Allowable density ranges from a maximum of 240 multi-family residential units to 491 resort hotel units. The proposed 374 unit resort is within the density range of the City's Zoning Ordinance and General Plan. Commercial recreation and entertainment facilities are closely associated with designation, but should be designed to be compatible with neighboring development and to assure safe and adequate access from the highway and off-street parking. Resort commercial facilities are most appropriate for the Palm Canyon Drive/Tahquitz Canyon Drive corridors outside the downtown area where an auto-oriented scale is established. The proposed subdivision is consistent with applicable environmental plans,and is compatible with existing land uses in the immediate vicinity of the project site, The project site does not encompass nor is it in the immediate vicinity of any agricultural resources or operations. Finally,the project as proposed will not disrupt or divide any established communities,including low income or minority communities. The subject site is adjacent to existing commercial developments which include arestaurant and an automobile dealership. The development which is proposed on this site shall be subject to mitigation of any potential impacts to the adjacent commercial areas such as noise,light,aesthetics,etc. le) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The proposed planned development is significantly larger in scale and scope than existing commercial developments in the immediate area. However,the City has approved proposals of similar size developments,such as the resort hotel which was approved on the east side of South Palm Canyon Drive, inmzediately across the street from the subject site. Through the design review process, the development will be required to be compatible and consistent with adjacent developed sites in the immediate vicinity in terms of site design, architecture, noise, light, drainage and traffic issues,as well as any site-specific issues that are part of the overall project review. The property is isolated from any sensitive land uses including single family residential development. Surrounding land use designations allow for development of resort hotels(property to the west)and commercial development. A more detailed analysis of surrounding land use and site conditions is as follows: SOUTH:Auto dealership with single story service bays. The proposed proj ect backs up to service area for approximately one-half of the site area. Heavy landscape screening is needed for hotel, as well as a reduction in the number of parking spaces in the southerly parking area to create a screen between lower level hotel rooms and the auto dealership. EAST: Vacant,previously approved for large scale resorts including highrise development. No adverse impacts identified. The subject property has 577'of South Palm Canyon Drive frontage and the hotel building closest to the street is only 76'wide. The building is stepped back and provides architectural relief. WEST: Vacant, Indian land, gently sloping,views oriented across subject property will be affected by proposed buildings. Hillside,northerly and southerly views not affected. The proposed project incorporates a range of building heights from 2,3,and 5 story buildings along the western edge. This portion of the project complies with City highrise setbacks across most of this frontage. The northern and southern wings of the building encroach into the highrise setbacks. The adjoining properly rises approximately 44 feet from east to west. The land use and view relationship is not considered significant provided substantial landscape is planted along the Belardo Road frontage. 5.0830-Planned Development 260 and TPM 29691 Page 6 of 25 Initial study 1/ x NORTH:The project abuts the Tahquitz Creek Flood Control Channel(Creek). The Creek is approximately 80'wide acid it abuts Sunny Dunes Road on the north which is a Secondary Thoroughfare(88'wide right-of-way). Based upon these conditions the proposed resort building will have a substantial setback(approximately 500 feet)to the nearest developable property to the north. This property has a General Plan designation of Resort and Commercial and is zoned C-2 and R-3. Additional landscaping adjacent to the north property line would soften the appearance of the proposed building. NORTH AND EAST:Rock Garden Cafe and associated off-street parking facility. This facility will experience no view loss as a result of project development. Views and view reduction for restaurant customers are not considered significant This impact is not considered significant. MITIGATION MEASURES: 1. Extensive landscape adjacent to Belardo Road shall be provided to soften the buildings and create a soft edge. 2. The developer shall work with Riverside County Flood Control District(District)and Water Conservation District to enter into an agreement to add landscape materials(trees)within portions of the District's right-of-way. The area between the subject property and the District's access roadway where trees could be planted. Similar landscape agreements have been entered into in the past. The project owner shall install and maintain this landscape buffer. 3. Reduce number of parking spaces on the southerly parking area to increase landscape screen for guest rooms which face the automobile dealership. 2• POPULATION AND HOUSING Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Cumulatively exceed official regional or ❑ ❑ ❑ local population projections? Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated b Induce substantial growth in an area either directly ❑ ❑ ❑ or indirectly (e.g. through projects in an undeveloped area or extension or directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c Displace existing housing, especially affordable housing? ❑ ❑ ❑ E 5.0830-Planned Development 260 and TPM 29691 Page 7 of 25 Initial Study I I P))OX 2. a)and c)NO IMPACT. The proposed planned development and subdivision contemplate a resort hotel and timeshare development and do not encompass any permanent residential uses. Sufficient housing exists within the area to meet the needs of employees of the proposed planned development,which encompasses a hotel,lounge and restaurant and vacation ownership complex. Therefore,the project will have no impact on regional or local population projections. No extension of any major infrastructure will be required which could induce substantial additional growth in the area. Additionally,the project will not displace any existing housing and will provide additional employment opportunities to residents of the area. 2. b)LESS THAN SIGNIFICANT IMPACT. The development of this project has some potential relative to inducing growth in the area either directly or indirectly,e.g.through projects in adjacent undeveloped areas or extensions of the major infrastructure that will service this project. However,any such developments will be reviewed independently and will be required to demonstrate compliance with applicable city ordinances and development policies. 3. GEOLOGIC PROBLEMS Would the proposal result in or expose people to potential impacts involving: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Fault rupture? ❑ ❑ ■ ❑ b Seismic ground shaking? ❑ ❑ ■ ❑ c Seismic ground failure,including liquefaction? ❑ ❑ ■ ❑ d Seiche,tsunami,or volcanic hazard? ❑ ❑ ❑ ■ e Landslides or mudflows? ❑ ❑ ■ ❑ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated f Erosion, changes in topography or unstable soil conditions from excavation, grading and fill? ❑ ❑ ■ ❑ g Subsidence of the land? ❑ ❑ ■ ❑ h Expansive soils? ❑ ❑ ■ ❑ i Unique geologic or physical features? ❑ ❑ ■ ❑ 5.0830-Planned Development 260 and TPM 29691 Page 8 of 25 Initial Study thQ3 j Is a major landform, ridgeline, canyon, etc. involved? ❑ p ■ ❑ 3. a)-c) and e)-j) LESS THAN SIGNIFICANT IMPACT. A geotechnical engineering report was prepared for this project. The subject site is located in a broad alluvial fan on the bottom of a mountain slope,and is underlain by deposits of alluvium. There are no known geological hazards present on the site other than groundshaking potential associated with earthquakes. The subject site is not located within any Alquist-Priolo or City adopted special study zone. There are no known unstable earth conditions associated with the project site based on review of the Seismic Safety Element of the City of Palm Springs General Plan. The primary geologic hazard relative to site development is severe ground shaking from earthquakes originating on nearby faults. A major seismic event originating on the local segment of the San Andreas Fault Zone would be the most likely cause of significant earthquake activity at the site within the estimated design life of the proposed development. The report specifically notes that other geologic hazards including ground rupture, liquefaction, seismically induced flooding and landslides are considered low or negligible on this site. The planned development project will be designed to comply with the Uniform Building Code which mandates requirements for seismic safety construction. The developer will be required to submit a precise grading plan along with a soils report for review and approval of the City prior to the issuance of any permits. The soils report will address subsidence of the land and the possibility of expansive soils on the property, and the grading plan will be required to be in compliance with the soils report. Therefore,there will be no geologic impacts as a result of the proposed subdivision of land and Planned Development proposal. d)NO IMPACT. The subject site is not subject to seiche,tsunami or volcanic hazard events. MITIGATION MEASURES: 1. Implementation of all recommendations as per the Geotechnical Engineering Report prepared for this project by Earth Systems Consultants dated March 17,2000. These recommendations are incorporated by reference into this report. 4. WATER Would the proposal result in: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Changes in absorption rates, drainage patterns, or rate and amount of surface runoff? ❑ ■ ❑ ❑ 5.0830-Planned Development 260 and TPM 29691 Page 9 of 25 Initial Study b Exposure of people or property to water related hazards such as flooding? ❑ ■ ❑ ❑ c Discharge into surface waters or other alternation of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ ❑ d Changes in the amount of surface water in any water body? ❑ ❑ ❑ ■ e Changes in currents, or the course or direction of water movements? ❑ ■ ❑ ❑ f Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ❑ ❑ ❑ ■ g Altered direction or rate of flow of groundwater? ❑ ❑ ❑ ■ h Impacts to groundwater quality? ❑ ❑ ❑ ■ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated i Substantial reduction in the amount of groundwater otherwise available for public public water supplies? ❑ ❑ ❑ ■ j Are there any on-site or any proposed wells? []Yes ■No 4. a)and b) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. a). Grading activities and subsequent development of the parcels created by the proposed subdivision for purposes of implementing the planned development will change the absorption rate,drainage pattern and rate and amount of surface run-off from this project. The developer prepared a preliminary hydrology/drainage study identifying potential impacts in these areas and how site drainage will be dealt with,including how adjacent properties will be protected from site run-off from this project. Drainage patterns and surface run-off will increase due to new development,and will be discharged into Tahquitz Creek by way of a system of subsurface pipes. The project site is located south of and abutting the Tahquitz Creek flood control channel.However,the site is not located in a flood hazard zone,nor is it in a watercourse area. It is protected by the Tahquitz Debris Basin. To minimize potential impacts,the applicant shall adhere to the following mitigation measure: 5.0830-Planned Development 260 and TPM 29691 Page 10 of 25 Initial Study 11� Mitigation Measures: I. Prior to the issuance of a grading permit,the applicant shall provide the city with detailed plans and documents which demonstrate conclusively that buildings will be constructed outside the limits of the flood inundation area of the Tahquitz Creek flood control channel. The existing site drainage pattern is to the southeast corner of the site. The site is proposed to drain into the flood control channel. The applicant shall provide written verification from the Riverside County Flood Control District that this proposal is acceptable to the district, 2. The applicant shall provide written documentation from the Riverside County Flood Control District that the proposed development will not negatively impact any District facilities or rights-of-way. The project will be required to implement any requirements of the District relative to improvements to its facilities,dedication of additional rights of way,etc. 4. c-j. NO IMPACT. Based upon the review of the City's General Plan and the knowledge of the Department of Planning and Building and the City Engineer,due to the nature of the project and its location,the project will not create a change in the course or direction of water movements,affect the quantity of ground waters,alter the flow of ground water and there ate no wells on the subject site. The proposed project will require water service as provided by the Desert Water Agency. The agency draws groundwater from local wells in the area. Thus,the proposed project will use groundwater resources in the area. The extent of this impact is minimal,and this quantity will not significantly impact the local groundwater supply. 5. AIR QUALITY Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ■ ❑ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated b Expose sensitive receptors to pollutants? ❑ ❑ ❑ ■ c Alter air movement, moisture, or temperature,or cause any change in climate? ❑ ❑ ❑ ■ d Create objectionable odors? ❑ ❑ ❑ ■ 5. a) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The project is generally consistent with the General Plan and Zoning Ordinance. With the adoption of the General Plan update in 1993, the City Council adopted a Statement of Overriding Considerations regarding air quality. This statement acknowledges that it is not feasible to reduce city-wide growth related impacts to air quality to a level of insignificance at this time. Also,the proposed project will be required to comply with the South Coast Air Quality ManagemenlDistrict(SCAQMD)CEQA Air Quality Handbook.However,due to future grading activities on the individual lots which will be created by this subdivision,short term impacts to air quality could occur. Therefore,the project will need to comply with the City's Fugitive Dust and Erosion Control Ordinance. Due to the relatively small scope of the project on a regional scale,it is 5.0830-Planned Development 260 and TPM 29691 Page]] of 25 Initial Seedy I/AA(p not anticipated that any significant long-term impacts relative to regional air quality will occur as a result of the development and operation of this project which consists primarily of hotel and vacation ownership units. 5. b)-d)NO IMPACT. The project will be located on a site that has vacant land to the west,commercial uses to the north and east,acid a residential trailer park and commercial uses to the south. The size and nature of the proposed subdivision is such that sensitive receptors will not be exposed to additional pollutants or objectionable odors and no changes in climate will occur. Therefore,no impacts will occur as a result of this project to sensitive receptor and the current climate. Mitigation Measures: Short Term Impacts: 1. The applicant shall be required to submit a Fugitive Dust Mitigation Plan,prepared in accordance with Chapter 8.50 of the Palm Springs Municipal Code regarding Fugitive Dust and Erosion Control,which shall be submitted for review and approval by the Building Official prior tothe issuance of a grading permit.The plan shall specify the fugitive dust control measures to be employed Theproposed project will comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code which establishes minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. 2. The project proponent shall comply with all applicable SCAQMD Rules and Regulations. In particular,SCAQMD Rule 403 shall be adhered to,insuring the clean-up of grading related soils on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active storage,open storage pile, or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 3. A dust control deposit in compliance with the requirements of the Building Division will be required and made prior to grading permit issuance. 4. Adequate watering techniques shall be employed to partially mitigate the impact of grading-generated dust particulates. 5. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour,per the PMIO SIP. Lang Term Impacts: 1. Comply with City Transportation Demand Ordinance. 6. TRANSPORTATIONURCULATION Would the proposal result in: Potentially Potentially Less Than No Impact - Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Estimated Average Daily Trips generated by the project? (S.F = 10; M.F. = 6; or from ITE): ❑ ■ ❑ ■ The proposed development would generate 4,070 daily trips,which includes 267 mid-day peak hour trips and 312 evening peak hour trips. b Increased vehicle trips or traffic congestion? ❑ ■ ❑ ■ 5.0830-Planned Development 260 and TPM 29691 Page 12 of 25 Initial Study /�j c Hazards to safety from design features(e.g.,sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? ❑ ■ ❑ ■ d Hradequate emergency access or access to nearby uses? e Insufficient parking capacity on-site or off- site? ❑ ❑ ❑ ■ f Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ ■ g Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ ■ It Rail,waterborne or air traffic impacts? ❑ ❑ ❑ ■ 6.a)-c) . POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The proposed development is significant in terms of land use and building area. This project encompasses 11.41 acres and approximately 162,000 sq.ft.of building area. The proposed planned development is primarily hotel and vacation ownership units,and involves approximately 4,070 daily vehicle trips according to the traffic study that was prepared for this project by Endo Engineering. According to the study,the project appears to comply with all General Plan circulation policies and standards. The project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of both master planned roadways on - site. In addition, master planned circulation improvements will be made on-site in conjunction with site development,as specified by the City of Palm Springs. LOS D or better shall be provided and maintained at tile key intersections under average weekday peak hour conditions during the peak season. The site plan includes sufficient parking spaces(557 spaces including valet parking)to meet City of Palm Springs parking requirements. Under City Parking code,551 spaces are required. The project proponent will coordinate with Surd-me Transit Agency regarding the need for on-site public transit facilities. The project proponent will comply with City requirements regarding the master planned bikeways adjacent to the site along Palm Canyon Drive and Belardo Road. The proposed improvements along Palm Canyon Drive adjacent to the site shall be completed in conjunction with the proposed development. A traffic signal shall be installed at the main site access in conjunction with on-site development. The project proponent shall participate in the construction of a raised median along Palm Canyon Drive when the City organizes the raised median program. Roadway improvements to Belardo Road adjacent to the site shall be completed as specified by the City of Palm Springs in conjunction with the proposed development. The City of Palm Springs has adopted a Transportation Demand Management(TDM)Ordinance. The project will comply with all applicable provisions of the City's adopted TDM ordinance. No additional traffic lanes are required to provide acceptable levels of service at the key intersections in the future. The proposed shared access with the existing Rock Garden Cafe will require signalization upon development of the project. The project proponent will be required to contribute to roadway improvements of regional benefit by participating in the TUMF program. ID addition,the project proponent shall contribute on a fair-share basis to circulation improvements of regional benefit,such as the Belardo Road Bridge over Tabquitz Creek,as specified by the City of Palm Springs. It is not anticipated that the Belardo Bridge will be constructed as a function of development of this project. 5.0830-Planned Development 260 and TPM 29691 Page 13 of 25 Initial Study The following are the specific recommendations from the study relative to mitigation of traffic impacts: 1. The design of the proposed parking lot layout and site driveways shall be subject to the review and approval of the City Engineer during the development review process to insure compliance with City access and design standards. 2. Belando Road shall be improved to City design standards for secondary thoroughfares and the half-width constructed adjacent to the site,as required by the City of Palm Springs,during Phase 1. 3. The project proponent shall implement bike lane striping and signage improvements required bythe City Traffic Engineer along Palm Canyon Drive and Belardo Road adjacent to the site. 4. The project proponent shall participate in the construction and landscaping/irrigation of a raised median along Palm Canyon Drive, adjacent to the site,as specified by the City of Palm Springs. 5. Streetlights will be installed on-site,as specified by the City Traffic Engineer. 6. A traffic signal controlling traffic at the main site access on Palm Canyon Drive shall be installed in conjunction with phase one on-site development. 7. A STOP sign will control exiting site traffic and clear unobstructed sight distances shall be provided at the southern site driveway on Palm Canyon Drive and at the potential access on Belardo Road(when constructed). 8. The project proponent will coordinate with SunLine Transit Agency regarding the need for on-site public transit facilities. 9. The project proponent shall contribute traffic impact mitigation fees,by participating in the TUMF program. 10. The project proponent shall contribute on a"fair-share"basis to circulation improvements of areawide benefit(such as the Belardo Road bridge across Tahquitz Creek),as specified by the City of Palm Springs. 11. Dedicate and construct Belardo Road across the property frontage from Mesquite Avenue to the north property line of the subject site. The City Engineer has reviewed the study and determined that it accurately analyses the potential traffic impacts of the project. Circulation and off-street parking within the project site will be adequate based upon the judgement of the City Engineer and the Department of Planning and Building. Off-site traffic impacts as identified in the traffic study will be adequately mitigated as per the recommendations on page ES-2 of the traffic study noted above),as approved by the City Engineer,and any other traffic mitigation implementation programs of the City of Palm Springs. The specific recommendations in the traffic study will be incorporated into the project conditions of approval. Compliance with these conditions will reduce traffic impacts to a level of insignificance. Future bridge construction for Belardo Road extension over Tahquitz Canyon flood control channel.There has been considerable discussion relative to the need to construct the Belardo Road Bridge over the Tahquitz Canyon flood control channel. Construction of this bridge and the extension of Belardo Road from Mesquite Avenue to its current physical terminus at Ramon Road will improve the local circulation system by providing a north-south arterial connection and thereby reducing a some traffic impacts on Palm Canyon Drive. The possibility of grant funding for right-of-way acquisition and bridge construction has been the topic of discussion relative to the financing of this project. The City and Tribe are seeking grant funding for this bridge. To date it has ranked high but funds have not been appropriated. Belardo Road is designated as a secondary thoroughfare in the Circulation Element of the Palm Springs General Plan with an 80 to 88 ft.right-of-way. 6.d)-h)NO IMPACT. The proposed development incorporates adequate emergency vehicle access as required by the Police and Fire departments. The final development plan will be required to demonstrate precise emergency vehicle access to the satisfaction of the Police and Fire Departments. As discussed previously,the development plan incorporates a sufficient number of off-street parking stalls so as to comply with the requirements of the Palm Springs Zoning Ordinance. The plan does not present any hazards or barriers for 5.0830-Planned Development 260 and TPM 29691 Page 14 of 25 Initial Study pedestrians or bicyclists,nor does it conflict with adopted policies supporting alternative transportation(e.g. Bus turnouts,bicycle racks will be provided). Finally,the proposed development will not have any rail,waterborne or air traffic impacts inasmuch as it is not located adjacent to or in the immediate vicinity of any transportation routes of these types. 7. BIOLOGICAL RESOURCES Would the proposal result in impacts to: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Endangered,threatened,or rare species or their ❑ ❑ ❑ habitats (including but not limited to plants,fish,insects,animals,and birds)? b Locally designated species? ❑ ❑ ❑ c Locally designated natural communities(e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ N d Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated e Wildlife dispersal or migration corridors? ❑ ❑ ❑ The site is not within any wildlife dispersal or mitigation corridors. f Is consultation with the California Fish and Game or the Department of Fish and Wildlife Service,as a trustee agency,required? ❑YES ■NO 7. a)-f) NO IMPACT, The project would not result in a potential for a significant effect on the environment from a loss of animal habitat or the reduction of rare,unique,or endangered animals. The site is located on the Tahquitz Canyon alluvial cone and is approximately 1600 feet away from the hillside. Existing development exists between the hillside and the project site(a single family residence with fenced perimeter,the Tahquitz debris basin,with fenced perimeter,and the Tribal Interpretive Center. The project site is located approximately 1600 ft. east of the base of the San Jacinto Mountains.Based upon existing development patterns noted above the subject property has been separated from hillside areas. There 5.0830-Planned Development 260 and TPM 29691 Page 15 of 25 Initial Study 110, 30 is little likelihood that the property could be used by Peninsular Bighorn Sheep due to existing fencing and development patterns. Based upon a review of the site and existing development patterns the project will not result in the loss of significant biological resources. No significant mitigation is required. The area surrounding the project site is generally urbanized. Animal life in the area is limited to common bird,reptile and mammal species. No rare or endangered species live near or on the subject site. Therefore,proposed development will have no impact on the diversity or number of animal species. The project site is generally surrounded by development which has significantly altered the animal community in the area. No significant new species will be introduced through development of this project. 8. ENERGY AND MINERAL RESOURCES Would the proposal create: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Conflict with adopted energy conservation plans? ❑ ❑ ❑ ■ b Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ c Result in the loss of availability of aknown mineral resource that would be of a future value to the region and the residents of the State? ❑ ❑ ❑ ■ 8. a)-c) NO IMPACT. Due to the relatively small size on a regional scale and nature of the proposed planned development,the project will not conflict or interfere with an energy conservation plan. The project will not conflict with any known energy conservation plans or result in the loss of availability of a known mineral resource of value. Therefore,this project should not result in a negative impact on energy and mineral resources. The project site does not contain any mineral resources. The area surrounding the project site is generally urbanized. There are no natural resource extraction activities on or near the site. The proposed use will have no impacts upon natural resources other than the use of construction materials for the proposed future site improvements. 9. HAZARDS Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Be a risk of accidental explosion or release of 5.0830-Planned Development 260 and TPM 29691 Page 16 of 25 Initial Study hazardous substances(including,but not limited to: oil, pesticides,chemicals,or radiation? ❑ ❑ ❑ ■ b Create possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ ■ c Create any health hazard or potential health hazard? ❑ ❑ ❑ ■ d Create exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ ■ e Increase the risk of fire hazard in areas with flammable brush, grass or trees? ❑ ❑ ❑ ■ 9. a)-e) NO IMPACT. In thejudgement of the Department of Planning and Building,there are no aspects of the proposed operation or of the project construction which would involve explosives,pesticides,radiation,chemicals or other hazardous substances. Nor is there any known hazardous materials on the site. Therefore,there would be no risk of a release of or exposure to hazardous materials which would result in a potential for a significant impact on the environment. Although the site is near the base of the San Jacinto Mountains,it is not within the boundaries of the high fire hazard area as defined by the City of Palm Springs Fire Department. Nor is it in the high fire hazard area that is illustrated on the Seismic Safety Map on the General Plan. Therefore,high wildfire hazard would not represent a potential for a significant effect on the environment. The proposed improvements will occur within the facility acid will not block roadways or routes used by fire fighters and police officers during emergencies. The project will not require a revision or elimination of a designated emergency evacuation route. Thus,there will be no impact to the existing Palm Springs Disaster Preparedness Plan. 10. NOISE Would the proposal result in: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Increases in existing noise levels? ❑ ■ ❑ ❑ 5.0830-Planned Development 260 and TPM 29691 Page 17 of 25 Initial Study b Exposure of people to severe noise levels? ❑ ❑ ■ ❑ c Will the project be compatible with the noise compatibility planning criteria according to Table 6-F of the Pahn Springs Municipal Airport F.A.R. Part 150 Noise Compatibility study? N/A 10. a).POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. During construction and upon completion of this project, existing noise levels will increase and potentially effect residents and businesses in the immediate area. The primary development will consist of a 198 unit hotel and 176 vacation ownership units. Given the amount of vehicular traffic and outdoor resort-oriented activities associated with a project of this size,noise impacts are potentially significant unless mitigation measures are incorporated. During construction activities on-site,the following short-term mitigation measures shall be complied with: Mitigation Measures: Short Term: 1. Construction activities shall take place only between 7:00 a.m. and 8:00 p.m to reduce noise impacts per the Palm Springs noise ordinance section 11.74.041. 2. All construction equipment,fixed or mobile,shall be equipped with properly operating acid maintained mufflers. 3. Stationary equipment shall be placed such that emitted noise is directed away from adjacent residential land uses. 4. Stockpiling and vehicle staging areas shall be located as far as practical from adjacent residential land uses. Long Term: 1. Windows and doors in the"Star Bar"shall be closed during live and recorded amplified music events. 2. Project shall comply with Chapter 11.74 of the Palm Springs Municipal Code relative to music. b.) NO IMPACT. The size and scope of the proposed development will expose people to higher noise levels than would a no-project scenario. Due to the amount and type of vehicular and pedestrian traffic,as well as activities normally associated with hotel,vacation ownership,restaurant,lounge and outdoor recreational areas associated with these types of uses,exposure of persons to increased noise levels is unavoidable. However,in reviewing the proposed development in relation to adjacent existing land uses,staff does not believe that persons will be subject to severe noise levels as a result of project development. An evaluation by the Department of Planning and Building has concluded that with the mitigation measures contained within Section 10 a), the noise levels the project may generate would not exceed the noise levels stated within the Palm Springs Municipal Code,Chapter 11.74. The project will be conditioned to require limitations on homy of operations of certain outdoor activities such as the amphitheater, waterslide operations and large gatherings for special events. This will insure'that to the extent possible, adjacent land uses will be protected from unwanted noise impacts from the operation of the hotel/timeshare complex and its associated activities. 5.0830-Planned Development 260 and TPM 29691 Page 18 of 25 Initial Study /103> 11. PUBLIC SERVICES Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Fire protection? ❑ ❑ ❑ Distance to nearest fire station 7,000 FT. b Police protection? ❑ ❑ ❑ c Schools? ❑ ❑ ❑ N d Maintenance of public facilities, including roads? ❑ ❑ ❑ ■ e Other governmental services? ❑ ❑ ❑ ■ 11. a)-e)NO IMPACT. The distance of the site from the nearest fire station is within the 5 minute response time established by the Palm Springs Fire Department. All buildings will be required by the Fire Department to be fire sprinklered. The developer is required to construct the extension of Belardo Road from Mesquite Avenue to the subject property. This will provide adequate Fire Department access to the site. Therefore,there is no potential for a significant effect on the environment due to emergency services. The project will be adequately serviced by other public services,aid school fees are required for all new construction to mitigate any potential impacts to the school district. Palm Canyon drive is fully improved adjacent to the subject site,including existing curb,gutter mid sidewalk. Additionally,a row of mature palm trees with landscaping lights exists in the parkway adjacent to the site. Therefore, this project is not expected to significantly impact public services. The Fire Department is requiring that an access road from Mesquite Avenue be constructed in Phase 1 to provide for vehicular access to the property for fire suppression and other emergency equipment. This requirement will be made a recommended condition of approval for the Planned Development and Tentative Tract applications, as well as any other requirements of that department or any agency/department providing public services to the project. 12. UTILITIES AND SERVICE SYSTEMS Would the proposal result in a need for new systems or supplies,or substantial alterations to the following utilities: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Power or natural gas? ❑ ❑ ❑ ■ 5.0830—Planned Development 260 and TPM 29691 page 19 Of 2$ Initial Study 11A 3(1 b Communications systems? ❑ ❑ ❑ ■ c Local or regional water treatment or distribution facilities? ❑ ❑ ❑ ■ d Sewer or septic tanks? ❑ ❑ ❑ e Storm water drainage? ❑ ❑ ❑ ■ f Solid waste disposal? ❑ ❑ ❑ ■ g Local or regional water supplies? ❑ ❑ ❑ ■ 12. a)through g)All utilities and services are currently provided to the subject area. Due to the nature and size of this project,there should be no impacts to utilities and service systems as a result of this project. Mitigation Measures:The installation of significant off-site water improvement facilities shall be a requirement of this project. The extent of the said facilities shall be subject to the project's domestic/fire protection needs as the General Plan requirements of the Desert Water Agency. All facilities shall be provided in accordance with the Operating Rules and Regulations of the Desert Water Agency. 13. AESTHETICS Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant hnpact Unless Impact Mitigation Incorporated a Affect a scenic vista or scenic highway? ❑ ❑ ■ ❑ b Have a demonstrable negative aesthetic effect? ❑ ❑ ■ ❑ c Create light or glare? ❑ ■ ❑ ❑ 13.a)and b)LESS THAN SIGNIFICANT IMPACT. The project site is located adjacent to the base of the mountains on an alluvial fan,downslope from the mouth of Tahquitz Canyon. Based upon a site inspection by the Department of Planning and Building,the proposed development has the potential to significantly alter the scenic vistato the mountains and Tahquitz Canyon due to its multi-story components and the large scale of the project. 5.0830-Planned Development 260 and TPM 29691 Page 20 0f 25 Initial study The applicant has prepared design guidelines for all development within the subject site which will be implemented during the design review process. Additionally, the site and architectural plans for the project have been reviewed extensively by the Design Review Committee. The applicant has incorporated the recommendations of those committees into the site and architectural design of the project. Objectives and policies set forth in the General Plan regarding Scenic Corridors include but are not limited to the enhancement of visual amenities of local and regional highway travel,the encouragement of landscape medians,the construction of bike trail links,etc. On- site lighting will be required to comply with all applicable provisions of the Zoning Ordinance,including limiting lighting and glare beyond the limits of the project site. In addition,future development on the subject parcels created by this subdivision will require Design Review by staff, any applicable advisory groups, as well as final determination of design acceptability by the Planning Commission. Therefore,this project should not result in negative impacts relative to aesthetic issues. The project has been designed to be sensitive to the significant natural features to the west of the property by stepping the main hotel building back from South Palm Canyon Drive and providing for lower profile buildings at the rear(west)portion of the site. Therefore, negative aesthetic impacts of the project have been considered and mitigated to a less than significant category. Specifically, the applicant has considered the recommendations of the Design Review Committee relative to site and building design,general design theme and building scale and orientation. c). POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. Due to the size and scope of this project,site and building lighting could have potentially significant impacts. Therefore,the applicant will be required to submit a detailed site and building lighting plan which demonstrates compliance with applicable City ordinances. This will include limiting lighting and glare beyond the limits of the project site 14. CULTURAL RESOURCES Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Disturb paleontological resources? ❑ ❑ ❑ ■ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated b Disturb archaeological resources? ❑ ■ ❑ ❑ c Affect historical resources? ❑ ❑ ❑ IN d Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ 0 ❑ ❑ e Restrict existing religious or sacred uses within the potential impact area? ❑ ■ ❑ ❑ 5.0830-Planned Development 260 and TPM 29691 Page 21 of 25 Initial Study l�R 14.a)-c) NO IMPACT. A cultural resources survey and evaluation was prepared for this project by ASM Affiliates,Inc. That survey provides certain recommendations and conclusions relative to the site and specific methods for dealing with any significant cultural sites or materials that may be found on site during grading,excavation and construction activities. b),d),e)POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED An intensive pedestrian surface survey of the 11.5-acre Star Canyon project area in the City of Palm Springs revealed a Late Prehistoric-Ethnohistoric period Cahuilla residential complex. The site represents a newly recorded and the eastern most locus of the large Tahquitz Canyon site complex, CA-RIV-45. Designated as Locus O, surface remains include a central habitation area surrounded by 10 or more rock cluster features,a 6-m diameter rock ring that may be a pit house, and several other rock features and inhabited sandy wash areas. Subsurface testing revealed significant archaeological deposits in several areas. CA-RIV-45,Locus O is evaluated as eligible American heritage values. CA-RIV-45 has already been evaluated as eligible for the National Register of Historic Places and portions on the Agua Caliente Indian Reservation are listed on tine National Register. Testing in the main habitation areas indicate the surface rock clusters probably represent deflated cooking features with little subsurface aspects. However,additional buried hearth features lie preserved below the surface in the sandy alluvial fill. Ceramics,beads,milling equipment,some stone flakes,animal bone,and charcoal were found to depths of 70-80 cm below the surface. While artifact densities were generally low, concentrations were found at specific levels to indicate preserved subsurface components,possibly indicating several episodes of habitation. Most unusual was the presence of an apparently flexed inhurnation(burial)in the center of the pit house. The burial was made in a large pit under the floor level and then covered with large rocks. The structure appears to have then been burned. A Cahuilla clay pipe was broken on top of the burial after it was filled. While burning of the structure and property,and the use of the clay pipe,are typical aspects of Cahuilla mortuary ritual,the practice on inhumation rather than cremation marks a divergence from traditional practice. The practice of inhumation may result from cultural changes following exposure to Spanish missions at the end of the 18°i century. Other special circumstances may also explain the unusual burial. While no Euro-American objects have yet been recorded anywhere at the site, the occupation is likely to date between A.D. 1700 and 1860 based on previous research in Tahquitz Canyon. Traces of a more traditional cremation burial were found dispersed by alluvial action during subsurface testing in a nearby sandy wash on the property. Probably no more than one cremation is represented and integrity is expected to be low due to erosion and redeposition in the wash channel. Direct impacts are anticipated from the proposed hotel and time-share development. In situ preservation is not a practical alternative given the unstable sandy context of most of the site and the high potential for indirect impacts. Data recovery is therefore recommended to mitigate impacts to the site. In compliance with the California Health and Safety Code Section 7050.5(c)and the California Public Resources Code Section 5097.98(1993),notification has been given to the Riverside County Coroner who has in turn notified the Native American Heritage Commission. They have designated the Agua Caliente Band of Cahuilla Indians as the nearest likely descendants. The Agua Caliente Band was also notified by the archaeological investigators on the same day of discovery. Disturbed human remains collected from both the inhumation and cremation area have been repatriated to the Agua Caliente Band. It is recommended that data recovery include consultation with the Agua Caliente Band,and in particular for the scientific and respectful removal of human remains and associated grave goods for repatriation to the Agua Caliente Band. It is also recommended that collections resulting from the data recovery be curated at the Agua Caliente Cultural Museum. 5.0830-Planned Development 260 and TPM 29691 Page 22 Of 25 lidtial Study /1437 MITIGATION: That the developer complete the data recovery program recommended in the archaeological report. Upon completion of the recovery program archaeological impacts will be reduced to a level of insignificance. 15. RECREATION Would the proposal: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Increase the demand for neighborhood or regional parks or other recreational facilities? ❑ ❑ ■ ❑ b Affect existing recreational opportunities? ❑ ❑ ■ ❑ 15. a)-b) LESS THAN SIGNIFICANT IMPACT. The proposed development has a vacation ownership component which is a residential land use. This will increase the demand for recreational facilities and will affect existing recreational facilities. However, this demand is not expected to be significant due to the seasonal nature of the vacation ownership units,as well as the proposed on-site recreational facilities which are proposed in conjunction with development ofthe project(pool,spa,common outdoor recreational areas, etc.). Therefore,impact on off-site recreational facilities is expected to be less than significant. 16. PUBLIC CONTROVERSY Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a Is the proposed project or action environmentally controversial in nature or can it reasonably be expected to become controversial upon disclosure to the public? ❑ ❑ ❑ ■ 16. NO IMPACT. The project,which consists of Planned Development 260 and Tentative Parcel Map No 29691.will be considered during public hearings by the Planning Commission and City Council. In addition,the proposed project has been designed to minimize the potential for public concern in the area. All property owners within a 400 ft.radius will be notified of the public hearing for the tentative parcel map and planned development applications. Thus,in the judgement of the Department of Planning and Building,the project is not known to be environmentally controversial,nor is it reasonably expected to become controversial upon disclosure to the public. 5.0830-Planned Development 260 and TPM 2969I Page 23 of 25 Initial study IT MANDATORY FINDINGS OF SIGNIFICANCE Potentially Potentially Less Than No Impact Significant Significant Significant hnpact Unless Impact Mitigation Incorporated a Does the project have the potential to degrade the quality ofthe environment,substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ ■ b Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ❑ ❑ ❑ ■ Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated c Does the project have impacts that are individually Ihnited, but cumulatively considerable? ("Cmnulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and effects of probable future projects.) ❑ ❑ ❑ ■ d Does the project have environmental effects which will cause substantial adverse effects on human beings? ❑ ❑ ❑ ■ e Affect environment-(General description of area. Provide more detailed information on environmental factors likely to be affected by the proposal.) ❑ ❑ ❑ ■ f Environmental Consequences - 1. Summary of impacts(Include a tabel summarizing the potential impacts by alternative. As much as possible, quantify the iimpacts. All of the BLM "critical 5.0830-Planed Development 260 and TPM 29691 Page 24 Of 25 Initial Study if - elements"must be addressed whether or not they are affected by the proposal.Affected elements will be discussed in further detail in the following section. 17. a)-f) NO IMPACT:This conclusion is based upon the responses in 1 through 16 of this environmental assessment. Therefore, there should be no potential for a significant impact with the proposed mitigation measures as a result of this project. 18. LISTED BELOW TIE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R.Evans,Director of Planning and Building Steve Hayes,AICP,Principal Planner Brad Weekley,Associate Planner 19. DETERMINATION On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because ofthe mitigation measures described in the Mitigated Negative Declaration I Find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project is consistent with the Program EIR on: —hfue ✓ All / Date: f Douglas 4varis Director of Planning & Building 5.0830-Planned Development 260 and TPM 29691 Page 25 of 25 Initial Study A TRAFFIC IMPACT STUDY STAR CANYON VILLAGE PALM SPRINGS PLANNED DEVELOPMENT CITY OF PALM SPRINGS FEBRUARY 14, 2000 Prepared For: Palm Springs New Millennium Development 39-700 Bob Hope Drive, Suite 300 Rancho Mirage,CA 92270 (619)776-8350 Prepared By: Endo Engineering 28811 Woodcock Drive Laguna Niguel, CA 92677 (949) 362-0020 EXECUTIVE SUMMARY a. Project Location The vacant project site is a 11.41-acre parcel, generally located in the Southwest portion of the City of Palm Springs. b. Project Description The proposed project is a hotel/vacation ownership resort, as shown in the Site Plan, Figure 1-3. It could be built and fully occupied by the year 2007. The project, as proposed, would include a 198-room hotel, a timeshare project consisting of 264 units (176 two-bedroom lockoffs of which half will be sold as individual one bedroom units), a 200-seat quality restaurant, a 200-seat nightclub, and a 7,000 square-foot spa. The project site is currently vacant. The project site is designated for resort commercial and high density residential uses in the Palm Springs General Plan. The site is zoned WC-1 (commercial zone with a watercourse overlay) and WR-3 (multi-family residential with a watercourse overlay). The proposed project includes an application for a Planned Development District. Site access is proposed via two driveways on Palm Canyon Drive, and one potential driveway on Belardo Drive. The northern driveway is a shared access with the existing Rock Garden Cafe, and is planned for signalization in conjunction with the project. The southern driveway proposed on Palm Canyon Drive will be restricted to right-turn ingress and egress only. c. Project Study Area The study area includes four existing signalized key intersections and the signalized main access as shown in Figure 1-2. In addition, the traffic study provides future traffic volumes at the southern driveway which will be restricted to right-turn ingress and egress only. d. Existing Traffic Conditions All of the key signalized intersections currently operate at level of service B (LOS B) during the mid-day and evening peak hours. e. Traffic Impacts The following are the circulation impacts associated with the proposed project: 1. The proposed development would generate 4,070 daily trips, which includes 267 mid-day peak hour trips (152 inbound and 115 outbound) and 312 evening peak hour trips (174 inbound and 138 outbound). 2. The proposed project includes two driveways on Palm Canyon Drive, and one potential driveway on Belardo Drive. 3. The northern driveway on Palm Canyon Drive is a shared access with the existing Rock Garden Cafe, and will meet signal warrants upon development of the proposed project. ES-1 HA 7� w 4. The southern driveway proposed on Palm Canyon Drive will be restricted to right- turn ingress and egress only. 5. All four key intersections and the project driveways are projected to operate at acceptable levels of service under year 2007+project conditions with existing lane geometrics,except lane modifications proposed at the project driveways. 6. All of the key intersections will operate at the same level of service with or without the addition of project-related traffic. 7. All four key intersections and the project driveways are projected to operate at acceptable levels of service under year 2020+project conditions with existing lane geometrics, except lane modifications proposed at the project driveways. 8. The proposed development with 551 parking spaces, will meet the Palm Springs Municipal Code parking requirement for the proposed uses. f. Recommendations 1. The design of the proposed parking lot layout and site driveways shall be subject to the review and approval of the City Traffic Engineer during the development review process, to insure compliance with City access and design standards. 2. Belardo Road shall be improved to City design standards for secondary thoroughfares and the half-width constructed adjacent to the site, as required by the City of Palm Springs. 3. The project proponent shall 'implement bike lane striping and signage improvements required by the City Traffic Engineer along Palm Canyon Drive and Belardo Road adjacent to the site. 4. The project proponent shall participate in the construction of a raised median along Palm Canyon Drive, adjacent to the site, as specified by the City of Palm Springs. 5. Streetlights will be installed on-site,as specified by the City Traffic Engineer. 6. A traffic signal controlling traffic at the main site access on Palm Canyon Drive shall be installed in conjunction with on-site development. 7. A STOP sign will control exiting site traffic and clear unobstructed sight distances shall be provided at the southern site driveway on Palm Canyon Drive and at the potential access on Belardo Road(when constructed). 8. The project proponent will coordinate with SunLine Transit Agency regarding the need for on-site public transit facilities. 9. The project proponent shall contribute traffic impact mitigation fees, by participating in the TUMP program. 10. The project proponent shall contribute on a "fair-share" basis to circulation improvements of areawide benefit (such as the Belardo Road bridge across Tahquitz Creek), as specified by the City of Palm Springs. ES-2 IIPV3 1 . PROJECT DESCRIPTION a. Project Location The vacant project site is a 11.41-acre parcel, generally located in the southwest portion of the City of Palm Springs. Figure 1-1 depicts the project site in its regional context. The project site is more precisely located west of Palm Canyon Drive, and south of Tahquitz Creek. Figure 1-2 illustrates the study area as well as the key intersections and proposed site access points to be evaluated. b. Project Description The proposed project is a hotellvacation ownership resort, as shown in the Site Plan, Figure 1-3. It could be built and fully occupied by the year 2007. The project, as proposed, would include a 198-room hotel, a timeshare project consisting of 264 units (176 two-bedroom lockoffs of which half will be sold as individual one bedroom units), a 200-seat quality restaurant, a 200-seat nightclub, and a 7,000 square-foot spa. As shown in Figure 1-3, the proposed project includes two driveways on Palm Canyon Drive, and one potential driveway on Belardo Drive. The northern driveway is a shared access with the existing Rock Garden Cafe, and is planned for signalization in conjunction with the project. The southern driveway proposed on Palm Canyon Drive will be restricted to right-turn ingress and egress only. c. Project Study Area The study area includes four existing signalized key intersections and the signalized main access (as shown in Figure 1-2) that were analyzed with 1994 Highway Capacity Manual (HCM) methodologies as implemented by the Highway Capacity Software (HCS). The proposed exclusive right-turn driveway on Palm Canyon Drive and the existing access to the Rock Garden Cafe (a shared access with the proposed project) are restricted to right- turn egress, carry low volumes and provide acceptable levels of service during peak hours and therefore were not analyzed with the Highway Capacity Software. Future traffic volumes at these driveways were projected, however, to ensure that appropriate approach lanes were provided in the project design. ild 1-1 I. Figure 1-1 Regional Location 1 10 _.—._._._._._._._._._._.—San Bernardino Counts_-_ I-----------'------ -- � Riverside County -------� .---' i 62 —t.—._._. _ ---- • Desert • psi Riverside 60 Banning cabazon Hot Springs 91 •Moreno Cathedral Valley 11 t city �+ Rancho Palm ® Mirage Springs 1 Indian ��.7 15 • 74 Project a Wells 9 _ Hemet Site Palm ® 10 Sun Desert Indio City 21 •La 111 Q I Lake ® 74 Quinta j/Elsinore • 371 j Murrieta Salton j Temecula• Hot S rings Sea 79 - Z�oa.—. ---------------- _.—.—.m._.—._ San Diego County i I 21 i� 3 to Auftoft 13 (. f< wIN X VfEndo Engineering Scale: 1"= 13.3 Miles Figure 1-2 - Vicinity Map o c O O T O Q N 0 UQ U E c0 m m c Ramon Road Sunny Dunes Road r- — Rock rahquitz Creek Garden Cafe Project --- i Site � - - - - Car Dealer Mes uiteAvenue Legend ( Project Site • Key Intersection T VEndo Engineering Scale: 1" = 660' ■ _ • ��"4 , '' Iw' u• 3i¢ro6 �r � � �� i � 1_ _ �r^'r�� YL'}� �5.�� '!'}fir �r� �'C �r � A ♦ t j J . � y _ �: 1 1 .� ,. t�11 s. x � , � .,�� � '� Y 1 � � 5 r o i _ - ���� � � I� III r. v � �: + � � �p I r� 1 � ' �� ♦ t '��. .�w .... '�H ��I. t. � �` F♦ u 9 N � r R("f� EXHIBIT A CASE NO. 5.0830 PLANNED DEVELOPMENT 260 TENTATIVE PARCEL MAP NO. 29691 STAR CANYON MIXED - USE PROJECT PALM SPRINGS NEW MILLENNIUM DEVELOPMENT,INC. APRIL 26, 2000 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. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. 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 amiul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case No. 5.0830 /PD 260 / TPM 29691. The City of Palm Springs will promptly notify the applicant of any such claim, action or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon the matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 110# 3. Pursuant to Fish and Game Code Section 711.4, a filing fee of$78.00 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 be in the form of a money order of cashier's check payable to Riverside County. 4. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlines as part of the negative declaration or EIR will be included in the plans prior to City Council consideration of the environmental assessment. 5. The final development plans shall be submitted accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections,property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final plans shall be submitted and approved by the Planning Connuission prior to issuance of building permits. 6. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 7. 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. 8. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3'wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 10. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 11. In accordance with Planning Commission Resolution No. 1503, dated November 18, SAW 1970, the developer is required to plant Palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive (replace or relocate as necessary). 12. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition in accordance with all ordinances and shall include the following special conditions: The applicant shall submit to the City of Palm Springs, a deposit in the amount of Five Thousand Dollars ($5,000), for the review of the CC&R's, by the City Attorney. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval as part of the final development plans. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and firture per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the buildings(s). The exterior elevations and roof plans of the buildings shall indicated any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 16. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 17. Perimeter walls shall be designed, installed and maintained compliance with the corner cutback requirements as required in Section 9302.00.D. 18. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 19. The street address numbering/lettering shall not exceed eight inches in height. 20. Construction of any hotel and/or residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety prior to issuance of building permits. 21. An exterior lighting plan in accordance with the lighting ordinance in effect at the time #04.so shall be submitted for review and approval by the Director of Planning and Building prior to the issuance of building permits. A photometric study and manufacturer's out sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 22. Illumination levels in the parking area shall be an average of one-foot candle with a ration of average light to minimum light of four to one (4:1). 23. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 24. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 25. This project shall be subject to Chapters 2.224 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 fee being 1/2% for commercial projects or 1/4% for residential projects with the first $100,000 of total building pennit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be review and approved by the Director of Planning and Building 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. 26. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 27. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 28. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 29. Vehicles associated with the operation of the proposed development including company vehicles, employees' vehicles (hotel and timeshare) shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 30. 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. 31. Loading space facilities shall be provided in accordance with Section 9307.00 if the 110, 511 Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 32. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in# 33 below. 33. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 34. Parking stalls shall be delineated with a 4 to 6 inch double strip-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 35. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven(11) feet wide. 36. Tree wells shall be proved within the parking lot and shall have a planting area of six feet in diameter/width. 37. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight(8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 38. 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. 39. Compact and handicapped spaces shall be appropriately marked per Section 9306.000OC 10 of the Zoning Ordinance. 40. Curbs shall be installed at a minimum of five (5) 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 froin the face of walls, fences buildings adjoining driveways. 41. All awnings (if any) shall be maintained and periodically cleaned. 42. The project shall comply with the City of Palm Springs Transportation Demand Management(TDM) Ordinance which establishes transportation demand management 1pq, requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. The draft plan shall be submitted prior to issuance of building permits and approved prior to issuance of the Certificate of Occupancy for Phase I. 43. That the developer either dedicate or grant an easement to the City for the relocation and operation of an equestrian tie up area in the northeast corner of the site or alternatively work with the City and Riverside County Flood Control District and Water Conservation District to relocate existing on-site facilities to the Tahquitz Creek Flood Control facility immediately adjacent to the subject property. Pedestrian access to the Rock Garden Cafe shall also be provided for and constructed. 44. That the applicant shall work with Mac Magruder Chevrolet to create adequate sight distance across the subject property to maintain reasonable sight access to existing signs and the applicant shall work to develop a mutually agreeable site plan for the area adjacent to South Palm Canyon Drive between the southerly site driveways and the automobile dealership. These issues shall be resolved prior to approval of final development plans, and detailed site improvement plans shall be submitted for review and approval by the Planning Commission. 45. That the developer shall work with the City to prepare a South Palm Canyon Drive street improvement program (between Sunny Dunes and Mesquite Avenue). This program shall include median islands and landscaping thereof, decorative light fixtures, castle banners, and entry statement (at Mesquite Avenue) and other streetscape amenities. The plan shall be submitted as part of Final Planned Development District and the applicant shall be responsible for constructing improvements adjacent to its property and for required share of off- site improvements. (See Engineering Division - Median Island requirements). 46. a) That the approval of this project is based upon the specific architectural design of the buildings, site plan, building materials, landscape and other design elements. Final development plans and construction documents shall contain the same level of detail and high quality building materials. The City reserves the right to disapprove final development plans and/or construction plans and specifications if architectural or building materials are proposesd to be changed. b) That prior to installation of exterior materials to the building, the Contractor shall construct a full scale sample exterior material and finish Sample on site construction materials, showing all workmanship and finishes. Said exterior material and finish sample shall be approved by the Design Review Committee (changed by the Planning Commission at its 4/26/00 meeting). 47. No time-share units shall be offered for sale or sold until there is a valid final subdivision public report for the sale of such timeshare rights or entitlement issued by the Department of Real Estate of the State of California. A copy of the final public report shall be provided to the City by the applicant. os3 48. That prior to approval of the final Planned Development District, the applicant shall provide a detailed time-share management program, including, but not limited to all methods to guarantee adequacy, stability, and continuity of a first class level of management(including sales/marketing) and maintenance of the time-share component of the project. This detailed program shall be submitted to and approved by the Director of Planning and Building. 49. That a land use permit shall be required for the proposed free-standing restaurant and for any proposed outdoor entertainment on the subject property. 50. That all employees of the hotel and timeshare project, including but not limited to time- share sales staff and restaurant staff, shall be required to park on-site and shall not be directed or encouraged to park off-site, unless a parking management plan is approved or off-site parking is approved as an element of the Transportation Demand Management Program. 51. On-site driveways shall meet City code requirements for width and design. 52. That Phase I and Phase II shall be constructed concurrently. 53. That the proposed architectural detail be approved subject to review of final development plans and incorporation of specific details and materials as proposed. Prior to submittal of full final development plans, the applicant shall submit progress architectural plans for Design Review Committee review and approval. 54. That the perimeter landscape areas (Belardo Road, Tahquitz Creek, and south area) be increased where possible and that large size and scale trees be utilized. 55. That pedestrian access facilities be added along the Belardo Road frontage, Tahquitz Creek, and along South Palm Canyon Drive. Decorative paving, walk lights, and other amenities shall be incorporated into the design. Design features of the Heritage Trail project should be added along Belardo Road. Specific details shall be incorporated into final development plans. 56. That decorative paving shall be added at project entries and pedestrian access points. 57. That the southerly portion of the proposed restaurant adjacent to South Palm Canyon Drive shall be re-designed. 58. That the required CC&R's for the project shall include a provision that day use of on-site pool and recreation areas by timeshare owners and other individuals not staying at the facility shall be prohibited. 59. That the main entry driveway shall have one median island break to allow egress from the Rock Garden Cafe parking lot. POLICE DEPARTMENT; 60. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. 61. Developer shall consult with the Chief of Police regarding final design of the project regarding public safety and security issues. Recommendation of the Chief of Police shall be incorporated into the final design of the project and if necessary project CC&R's. WASTE DISPOSAL SERVICES: 62.. The location of the trash enclosures is acceptable subject to approved construction details approved by the Director of Planning and Building with approved City details. BUILDING DEPARTMENT: 63. Prior to any construction on-site, all appropriate permits must be secured. TIRE DEPARTMENT: 64. Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements plus NFPA 13, 14 and 24. 65. Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Section 902. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14'6". Cul-de-sac streets or curves shall be designed with a minimum turning radius of 43 feet on center. 66. Construction site fencing required per City of Palm Springs Ordinance 1570. 67. Construction site fire department access gates shall be at least 14 ft. in width and equipped with a frangible chain and padlock. 68. A construction site guard is required for combustible construction per City of Palm Springs Ordinance 1570. The guard shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 69. The guard must be on duty at the construction site during all normal non-working hours or as the Fire Marshall deems necessary. 70. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes located as directed by the fire department, but not later than the time when combustible materials are delivered to the construction site. 71. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 72. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 73. Complex fire apparatus access gates are required and shall be an unobstructed 14 ft. in width. Gates shall be equipped with a KNOX locking device/ switch or key box per California Fire Code, Article 9, Section 902.4. Contact this office for KNOX application form. 74. The KNOX fire/police/ambulance/rapid entry system is the only lock box, lock vault, key cabinet,key switch, padlock, FDC cap, or decal approved for use by the City of Palm Springs Fire Department, 75. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article 9, Section 903, and Desert Water Agency Specifications. 76. A complete automatic fire extinguishing system equipped with 24 hour monitoring is required in accordance with 1998 California Fire Code, Article 10, Sec. 1003, 1998 California Building Code, Chapters 3,4,5,9,10, City of Palm Springs Ordinance 1570 plus NFPA 13 and 24. 77. The design and installation of an automatic fire sprinkler system shall only be done by a licensed C-16 Fire Sprinkler Contractor in accordance with the 1998 California Fire code, 1998 California Building Code and NFPA Pamphlet 13. 78. Fire sprinkler contractor to submit detailed plans directly to this office as soon as possible. 79. Submittal to include manufacturers data/out sheets and listings with expiration dates on all equipment and materials used. Include hydraulic calculations with submittal. 80. Sprinkler heads shall be new, UL listed and California State Fire marshal approved. 81. Monitoring and alarms shall be in accordance with 1998 California Fire Code and NFPA 71 and 72. 82. Class III standpipes required and shall be installed in accordance with 1998 Uniform Fire Code, Article 10, Section 1004, and 1998 California Building Code Chapter 9, Standard 9-2 and NFPA 14. Contact Building Official. 83. All fire service underground piping shall be installed in accordance with NFPA 24. 11056 84. All fire service underground pipe and thrust blocks to be inspected by the Fire Department before backfilling. 85. Contact the Fire Department at least 24 hours in advance for all inspections and tests. 86. Fire alarm system is required. Installation and maintenance of a fire alarm system shall be in accordance with 1998 California Fire Code, Article 10, Section 1007, NFPA 12. Pamphlets 71, 72 and 760. A complete test of system shall be made by the Fire Department. Contact the Fire Department to schedule testing. 87. Fire alarm contractor to submit detailed plans directly to the Fire Department for review as soon as possible. Submittal to include manufacturers data/cut sheets and listings with expiration dates on all equipment and materials used. Include battery calculations with submittal. 88. Portable fire extinguishers shall be installed in accordance with 1998 California Code, Article 10, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75 feet of floor or grade travel distance. Machine rooms require a minimum of a 10-B:C extinguisher. Cooking lines require a minimum of a 2-A:1-B:C:K fire extinguisher per NFPA Pamphlet 96 and UL-300. Final determination of the type of extinguishers and spacing to be determined by field inspector. 89. A ventilating hood and duct system shall be installed in all restaurant kitchens in accordance with the 1998 California Fire Code, 1998 California Building Code,NFPA 96 and UL-300. 90. An approved automatic hood and duct fire extinguishing system shall be provided for the protection of commercial - type cooking equipment in accordance with the 1998 California Fire Code, Article 10, Section 1006. Systems shall be installed in accordance with the NFPA 96 and UL-300. 91. Fire dampers shall be provided where air ducts penetrate fire-rated walls or ceilings. Contact Building Official for requirements and testing. 92. Smoke dampers and activating smoke and/or heat detectors shall be in accordance with the 1998 California Building Code and must be installed separately from the Fire Alarm System. The signals for these devices shall not be included with any fire alarm or waterflow signal. Contact Building Official for requirements and testing. 93. Exit doors, corridors , assemblies, gates, barriers, stairways and ramps shall be in accordance with 1998 California Building Code. Contact Building Official. 94. Exit illumination and exit signs shall be in accordance with 1998 California Building Code and shall be electrically illuminated. Contact Building Official. 95. Portable fire extinguishers shall be installed in accordance with 1998 California Code, I to .4�7 Article 10, Standard 10. Provide one 2-A:10-B:C: fire extinguisher for every 75 feet of floor or grade travel distance. Machine rooms require a minimum of a 10:B:C extinguisher. Cooking lines require a minimum of a 2-A:1-B:C:K fire extinguisher per NFPA Pamphlet 96 and UL-300. Final location and type are to be determined by the field inspector. 96. Low level exit signs where required by 1994 California Building Code, Chapter 10 and Building Official shall be nuclear type as approved by the Fire Department. 97. Flame retardant treatment and standards shall be in accordance with 1998 California Fire Code. Submit certificates directly to the Fire Department as soon as possible. 98. Submit critical flux data for floor covering per 1998 California Building Code directly to the Fire Department for file as soon as possible. Contact Building Official for farther information. 99. Occupancy classification shall be in accordance with 1998 California Building Code, Chapter 3. Contact Building Official. 100. Occupant load/room capacity shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002. Contact building official for calculation. 101. Posting of occupancy or room capacity shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002.3. Contact Building Official. 102. Provide the Fire Department with an 8 '/2"by 11" site plan. 103. A Fire Department access road providing access from Mesquite Avenue is required at the western perimeter of this project. Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code. They shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14' 6". Construction shall be all weather capable, able to support a fire truck weighing 67,000 pounds. The minimum turning radius shall be 43 feet from centerline. 104. A Fire Department access gate is required and shall be at least 14' in width and equipped with a KNOX locking device. 105. Further comments as conditions warrant. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. PALM CANYON DRIVE SOUTH 3. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 50 feet along the entire property frontage of the subject property in accordance with City of Pahn Springs Standard Drawing No. 105. 4. Easements shall be granted for the portions of the bicycle path that leave the public right-of-way. 5. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub-leases of the ingress and egress easement and provide a copy of same to the City Engineer prior to issuance of building permit. 6. Construct an 8 inch curb and gutter, 38 feet WEST of centerline along the entire frontage of the subject property to the existing bus turn out per City of Palm Springs Standard Drawing No. 200. 7. Construct BOTH sides of an 8 foot cross gutter and spandrel at the intersection of PALM CANYON DRIVE SOUTH and MAIN ENTRANCE AND SOUTH DRIVEWAY with a flow lhie parallel to the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. The south driveway approach shall be constructed in accordance with City of Palm Springs Standards and have minimum width of 24 feet. It shall be constructed to accommodate right turn in and right turn out turning movements only. The north driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a maximum ingress and egress lane widths of 16 feet (minimum width 14 feet). 9. Construct an 8 foot wide sidewalk adjacent to curb along the entire PALM CANYON DRIVE SOUTH frontage. The sidewalk shall be constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Department. The concrete shall receive a broom finish. 10. Construct a curb ramp meeting current California State Accessibility standards both sides of the north and south driveways per City of Palm Springs Sid. Dwg. Nos. 212 and 212A. 11. Construct a 14-foot wide landscaped, raised median island as specified by the City Engineer from Mesquite Avenue West to the north property line. Provide a left turn pocket on the north side of the Mesquite Avenue West at Palm, Canyon Drive South intersection and on the south side of the Palm Canyon Drive South at Main Driveway intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begin. The length of the turn pockets shall be determined per Caltrans Highway Design Manual Sec. 405 and be approved by the City Engineer. Developer shall enter into a reimbursement agreement with the City of Palm Springs prior to issuance of the grading permit. 12. Construct AC pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. BELARDO ROAD SOUTH 13. Dedicate right-of-way of 40 feet to provide the ultimate half street width along the entire property frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 14. Off-site 1/2 street improvements on Belardo Road South from Mesquite Avenue to the project site shall be constructed and the developer may enter into the reimbursement agreement with the City of Palm Springs prior to issuance of the grading permit. 15. Construct an 8 inch curb and gutter, 32 feet EAST of centerline from Mesquite Avenue to the north side of the proposed driveway , with a 35 foot radius curb return at the intersection of Mesquite Avenue and Belardo Road per City of Palm Springs Standard Drawing No. 200. 16. The driveway approach shall be constructed in accordance with City of Pahn Springs Standard Drawing No. 201 and have minimum width of 24 feet. 17, Reconstruct the curb ramp meeting current California State Accessibility standards at the intersection of Mesquite Avenue and Belardo Road per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 18. Construct AC pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline from Mesquite Avenue to the north side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Construct redwood headers along the west side of the proposed pavement 19. The developer shall pay his proportionate share of the cost of the Belardo Road Bridge prior to issuance of building permits. The proportionate share of the cost shall be based on the project's estimated percent of traffic on Belardo Road as approved by the City Engineer. 20. The Engineering Department recommends deferral of off-site improvement ITEMS 21 dun 23 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Pahn Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the covenant. * 21. Construct an 8 inch curb and gutter, 32 feet EAST of centerline from the north side of the proposed driveway to the north property line per City of Palm Springs Standard Drawing No. 200. * 22. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Patin Springs Standard Drawing No. 210. * 23. Construct ac pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline from the north side of the proposed driveway to the north property to the north property along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 24. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 25. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 26. Submit a grading plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. �� F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading pennit. 27. The geotechnical engineer shall review the site design, development, grading and foundation construction phases of the work to assure compliance with design concepts, specifications and recommendations and allow design changes if it is found that subsurface conditions differ from the geotechnical report. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 29. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. (This permit is required where construction activity results in land disturbance of 5 Ac. or more OR less than 5 Ac., but part of a larger common plan of development or sale.) 30. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 31. Contact the Building Department to get PM10 requirements prior to request for grading permit. DRAINAGE 32. 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 City Engineer 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. 33. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 110-0 ON-SITE 34. 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. 35. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 36. 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. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 37. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 38. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 39. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 40. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Pahn Springs Standard Drawing No. 203. 41. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 42. hi accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive. MAP 43. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 44. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 45. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 46. The final traffic study shall be submitted to the City Engineer for approval prior to issuance of the grading permit. 47. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and BELARDO ROAD SOUTH frontages of the subject property. 48. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH frontage prior to issuance of a Certificate of Occupancy. 49. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 50. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: Palm Canyon Drive South @ South Driveway Belardo Road South @ Driveway 51. The developer shall install a 3-phase traffic signal at PALM CANYON DRIVE SOUTH and MAIN ENTRANCE. The controller shall be designed for an 8- phase signal. A reimbursement agreement for 50 % of the cost of the installation shall be entered into by the developer and the City. The agreement shall be executed and submitted to the Engineering Department prior to the issuance of the building permit. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the LODGING ITE Code C land use. JIT VICIN/TY l" F N.T.S. O RN10N ROAD a CN7/NO PAROCELA ck O O 3 Z- 5UNNY v DUNES ROAD b Q � RNERSIDE DRNE j ME50UITE AVENUE PPOJ)ffCr 5/TE a P1R CITY OF PALM SPRINGS CASE NO. �.0830 (PD260) DESCRIPTION rTrl 2969/ N'PLICATION FOR A APPLICANT PALl7 5PR1N65 NEW PLANNED DEVELOPI7ENr AND A TRAGT MAP TO ALLOW FOR A RE50RT I10TEL I'7ILLENNIUl7 DEVELOPP1ENT,INC. LOCATED NEAR Ti1E CORNER OF 50Ur l PALI7 CANYON AND I7E5OUITE AVENUE, C-I ff R 3 ZONE,5EC.22 ff 23. LAW OFFICES OF G ERNEST G. NOIA NOIA PROFESSIONAL BUILDING 429 E. TAHQUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 92262 TELEPHONE (760) 320-6912 FACSIMILE (760) 320-5739 May 9, 2000 <<, C LS L r MAY 12 2C Mr., Doug Evans, Planning Director City of Palm Springs f�.h�'NING DIV! l iAl 3200 E. Tahquitz Canyon' Way _ Palm Springs, CA 92262 Re: Palm Springs New Millennium Project Dear Mr. Evans: I attended the yIndian Planning Commission Meeting of May 8`h, and heard the presentation from Mr. Gold regarding the above mentioned project. This office represents J. Patrick Patencio, a member of the Agua Caliente Band of Cahuilla Indians. Mr. Patencio owns the property directly west of the project from Mesquite to Sunny Dunes. Obviously we have some concern regarding the height'of the building in such close proximity to his 20 acre parcel. However, we must admit that the project is well designed and believe it will be an asset to the City in general. It is our understanding that the project is required to dedicate 40 feet for Belardo Road but does not have to improve same at this time. We were told*that until the bridge is completed the developer was not required to complete the improvements for half of Belardo Road. We would prefer if the developer is obligated to complete the improvements at its expense for the Belardo Road dedicated by them when and if the bridge is completed. If you have any questions, please feel free to call upon me. Thank you for your attention. Bes egard Ernest G. Noia, Esq. a I. EGN:II cc: J, Patrick Patencio ��54 Tom Davis AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Cs5.0830/PD260 and TTM29691, Palm Springs New Millenium Development Inc., ., was mailed to each and every person set forth on the attached list on the 27th day of April, 2000. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California,this 27th day of April, 2000. ATRICIA A. SANDERS City Clerk is NOTICE OF CITY COUNCIL HEARING Case Nos. 5.0830/PD 260 and TTM 29691 Palm Springs New Millenium Development, Inc. Project location: West side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Drive, east of and abutting the logical extension of Belardo Road. NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at it's meeting of May 17 , 2000. The City Council meeting begins at 7:00 p.m. in the City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider proposed Preliminary Planned Development District and Tentative Tract Map applications for the development of a mixed - use facility consisting of a 198 - room hotel, 176 vacation ownership units, banquet and meeting facilities, a 200-seat observatory lounge, a 200 seat restaurant and lounge, and outdoor recreational areas which include pools,jacuzzis, a waterslide, amphitheater and other common outdoor areas. The proposed tentative tract map contemplates the subdivision of the 11.41 acre ( 10.69 net acres) site, comprised of 3 separate parcels, into 9 lots ranging in size from .35 acres to 3.23 acres, as well as a subdivision for condominium purposes for the timeshare component. The project is proposed to be developed in a total of 8 phases. The subject site is located on the west side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Drive, east of and abutting the logical extension of Belardo Road, Sections 22 and 23. The subject site is comprised of 3 contiguous parcels, the westernmost 2 zoned R-3 (Multiple family residential and Hotel Zone) and the easternmost parcel zoned C-1 (Retail Business Zone). The subject site is currently vacant and undeveloped, and consists of native terrain encompassing rock and vegatation typical of the alluvial fan. An Environmental Assessment/Initial Study has been prepared and will be reviewed by the City Council at the meeting. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Due to the projected increase in the amount of automobile traffic on South Palm Canyon Drive in the immediate area of the project site, a traffic study has been prepared, which recommends various traffic control mitigations and measures on South Palm Canyon Drive and on the subject site itself. Other items discussed in the Environmental Assessment include noise, aesthetics, air quality, geology, water, biological resources and energy and mineral resources. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Council at or prior to the public hearing described in this notice. If any individual or group challenges the action in court, issues raised may be limited to only those issues at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Brad Weekley,Associate Planner, with the Department of Planning and Building, at (760) 323-8245. Patricia A. Sanders City Clerk 121 Publish: April 24, 2000 Mail: April 27, 2000 r \ VICINITY MAP N.T.S. z PAMON ROAD GN7/NO f'MOGfl-A O OZ 3 z SUNNY v OUNE5 ROAD Q � � N. RA/EP5/0E DPNE 2 fl ME50UrE AVENUE FRIOJEcr 5/rE MR CITY OF PALM SPRINGS CASE NO. �,08�0(PD2 ) DESCRIPTION TTM 2969/ APPLCATION POP A APPLICANT PALM 5PRlNG5 NEW PLANNED DEVELOPMENT AND A TP�1Gr MAP r0 ALLOW POP A PE50Pr 170TEL MILLENNIUM DEVELOPMENT,ING. LOGArED NEAR TI1E GOPNEP OP 50Ur17 PALM CANYON AND 11E50UIrE AVENUE,GI 8P-'5 '7n&lF r-Fr 77 m '7h APN 003 6120 o6 WON JA LEE 1109 S PALM CANYON DR PALM SPRINGS CA 92264-8333 Palm Springs New Millennium Dev. 39-700 Bob Hope Drive, Ste. 300 Rancho Mirage, CA 92270 APN 508-131-009 APN 508-131-015 APN 508-131-018 REDEVELOPMENT 3Cl'CITY OF PALM ROCCO &DEBRA DILUCCHIO JERRY &CHRISTOPHER FRANKEL PO BOX 27 73464 SIESTA TRL 69 1010 KEANA PL F204 PAL - RINGS CA 92263-2743 PALM DESERT CA 92260-6106 KAMUELA HI 96743 SDgg 91'OD OI O 011 O CL APN 508-162-001 APN 5U8-�61-0�� APN 508-171-001 6015.171-001,001 PROP WHITEHEAD COUNTY FLOOD CON T.RIVERSIDE MARTIN A.RUDERMAN 4511 E SUNNY DUNES RD#B PO BOX 1033 1157 E RIVERSIDE DR S PALM SPRINGS CA 92264-1553 RIVERSIDE CA 92502-1033 PALM SPRINGS CA 92264-0632 APN 508-171-002 APN 508-171-005 APN 508-171-006 MICHAEL M.&SARA SACK JOHN &KATHE POLOS JAMES M.&ALINE G.JACKSON 1157 E RIVERSIDE DR S 777 S PALM CANYON DR 601 W AREANAS RD PALM SPRINGS CA 92264-0632 PALM SPRINGS CA 92264-8126 PALM SPRINGS CA 92262 APN 508-171-007 APN 508-171-008 APN 508-171-009 COUNTY FLO ON T.RIVERSIDE JOHN &KATHE POLOS COUNTY FLO N T.RIVERSIDE PO BO 3 PO BOX 1400 PO BO 3 RI SIDE CA 92502-1033 BIG BEAR LAKE CA 92315-1400 RIV SIDE CA 92502-1033 APN 508-172-005 APN 508-172-007 APN 508-172-00 FRANCAISE DE LORIEN T.BANQUE RUSSELL &JANE B.WADE COUNTY FL CON T.RIVERSIDE 633 W 5TH ST#21 ST ELDORADO COUNTRY CLUB PO BO 33 LOS ANGELES CA 90071-2005 INDIAN WELLS CA 92260 RIV SIDE CA 92502-1033 APN 508-172-009 APN 508-172-010 APN 508-172-011 FRANCAISE DE LORIEN T.BANQUE COUNTY FLOO S`T.RIVERSIDE COUNTY FLOO �VERSIDE 633 W 5TH ST 21 ST FL PO BO PO B 3 LOS ANGELES CA 90071-2005 R RSIDE CA 92502-1033 RI RSIDE CA 92502-1033 APN 508-172-012 APN 508-291-003 APN 508-291-004 COUNTY FL ON T.RIVERSIDE MICHAEL DEVEAU SCOTT P.TIMBERLAKE PO B 33 137 E MESQUITE AV ;L -a* NE 3-3rd Am-, RIV RSIDE CA 92502-1033 PALM SPRINGS CA 92264-8469 1'oi kl V-4�d Or- q 7 a-1 g-' APN 508-291-005 APN 508-291-027 APN 508-291-028 CHARLES &ERNESTINE HAYWOOD DANIEL LEE WEEDON JEROLD J.HARRIS 2808 LAKEMONT DR 3929 COUNTRY CLUB DR 8830 RANGELY AVE FALLBROOK CA 92028-9813 LAKEWOOD CA 93827 LOS ANGELES CA 90048-1717 APN 508-291-029 APN 508-291-034 APN 513-250-014 ERMINIA VERLENGIA JOSEPH A.BARRACO CHEVROLET MAC MAG 1080 S PALM CANYON DR PO BOX 2576 UNKNOWN PALM SPRINGS CA 92264-8332 RANCHO MIRAGE CA 92270-1088 OD O S S yi�4 APN 513-250-020 APN 513-250-003 APN 513-250-031 UNK OW �-� 601 ARENAS RD !601LLAN PETTY E.AW ARE LAN TTY PALM SPRINGS CA 92262-6313 RINGS CA 92262-6313 APN 513-250-032 APN 513-250-024 APN 513-290-001 COUNTY FLOOD CON T.RIVERSIDE 513 USA JIM E.HEMSTREET 3133 7TH ST UNKNOWN 169 S SATURNINO NO 5 RIVERSIDE CA 92507-4138 �d -QSS PALM SPRINGS CA 92262-7146 APN 513-290-004 APN 513-300-005 APN 513-300-006)W-7 513 USA O l PARKV15W MOBILE ESTATES IN C FEY FAMILY INV LTD PARTNER SHIP UNKNOW ,�� nn ,^, S 211 W MESQUITE AVE PO BOX 2849 j-d LVu S PALM SPRINGS CA 92264-8328 PALM SPRINGS CA 92263-2849 APN 513-300-007 APN 513-300-022 APN 513-300-030 FEY FAMILY I PAR�IP 513 USA D 6 _ _ (P GEORGE &DIANNE MARANTZ PO B 49 NONE 6 PALOMINO RD PACM SPRINGS CA 92263-2849 - PALM SPRINGS CA 92264-8425 APN 513-300-031 APN 513-300-036 GEORGE &DIANNE MARANTZ TAHQUITZ CANYON TRAILER PA RK INC 211 W MESQUITE AVE PO BOX 3828 PALM SPRINGS CA 92264-8328 BEVERLY HILLS CA 90212-0828 Springs �I�Il11Q L�1'NOADORE'SS „i r { OF,ryl GATTEM�D_ —� O UNCLAIMED OREFUSM c pO NO SUCH STREET-m ffimL NS SNUFFUENTAD OIN t6/A ONOMAILRECEPTACit FROMWAIWOLOA HI APN i 08-131-01'8 JERRY &CH ISTOPHER FRANKEL 69101 KEAN' PL F204 KAMUELA'HI 96�43 fr ,r APf 5o"-Q 1 008 ` JOHN &4-r1l'�,k)LOS PO BOX 1'M'Ifl,, BIG BEAR L CA 92315-1400 • CITY OF PALM SPRINGS PLANNING COMMISSION MEETING April 1:30 p.m. Councill Chambers, ers, City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 FY 99-00 ROLL CALL Present Present Excused Absences This Meeting To Date To Date Chris Mills, Chr. X 19 2 Michael Fontana, V Chr. X 17 4 Ralph Raya X 19 2 Jeffrey Jurasky X 18 3 Philip Klatchko X 21 0 Jon Caffery X 21 0 Mark Matthews X 16 5 Staff Present Doug Evans, Director of Planning & Building Steve Hayes, Principal Planner Hope Sullivan, Principal Planner David Barakian, City Engineer Michele Boyd, Planning Secretary Chairman Mills called the meeting to order at 1:40 p.m. REPORT OF POSTING OF AGENDA: The April 26, 2000 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Building counter by 4:00 p.m., Friday, April 21, 2000. APPROVAL OF MINUTES: M/S/C (Jurasky/Caffery) 6-0, 1 abstained — Commissioner Mills abstained as he was not present at the subject meeting. To approve minutes of April 12,2000 as presented, but with the "Present This Meeting"tick removed from Commissioner Mills' name on the Roll Call. untreated building area behind it, it was determined that the structure' not well-constructed. He stated that all items must be legalized to meet code. It was ve by Commissioner Fontana and seconded by Co issioner Raya to approve subject to conditi s in staff report and with the following require ents: No win ws allowed on the north side of th uesthouse; Kitchen fa 'ities must be removed from t guesthouse; 3 ft. setback quired for the guesthou ; The garage mu be returned to its i ended purpose; The carport/trellis ucture will b Ilowed to remain. Commissioner Matthews move , n ommissioner Jurasky move to amend the above motion to remove the requirement to retur a garage to its intended purposed. After discussion, the motion to amend was rescinde and a original motion was modified to the following: M/SIC (Fontana/Raya) 4- , Caffery, Mat ko, and Mills dissenting. To approve subject to conditions; and A. That ere be no openings in the n h property wall; B. R nquishing condition#9 regarding rage conversion;however,requiring at any existing gas lines be removed d not replaced; C. Removing condition #6; thereby, allowing trellis/patio cover to remain; D. Establishing property line setbacks as follows. 3 Ft. setback requirement for garage. 3 Ft, setback requirement for guesthouse. 3 Ft. setback requirement for carport/trellis. 8 Ft, setback requirement for main house. TTM 29691 - PD260: Application by Palm Springs New Millennium(Star Canyon Villas)for a Tentative Tract Map to subdivide 11.41 acres into 9 lots for a resort development at South Palm Canyon Dr. between Sunny Dunes Road to the north, Mesquite Avenue to the south, Random Road to the east and South Belardo Road to the west, W-C-1 and W-R-3 Zones, Sections 22/23. Chairman Mills stated that he would abstain from considering this agenda item because he is a consultant on this project. Director explained that this is a mixed use proposal with several components. He referenced the staff report and conditions of approval which address issues such as the Zoning and General Plan, Planned Development,Tentative Tract Map, parking analysis, off-site circulation issues, common outdoor recreational area, and Highrise Ordinance considerations. Key issues for the review include high density residential areas, hotel zoning, multi-family residences, and timeshare units. Planning Commission Minutes of April 26, 2000 Page 7 of 11 Director stated that the proposal includes a request for setback and open space reductions and that other highrise buildings have been granted similar considerations. He also stated that, although the applicant has proposed thatthe project be developed in two phases(1,timeshare and recreation amenities and 2, hotel core) he recommends that both phases be developed concurrently. He stated that the parking calculations confirm that the number of spaces proposed is reasonable and sufficient. In addition to the proposal, staff is asking for an increase in landscaping that will utilize an area equal to 8-10 parking spaces. Director submitted a report to the Planning Commission which outlines the Design Review Committee's recommendations and additional staff recommendations. He stated that the Design Review Committee did recommend approval of the project based upon a commitment by the developer to the quality of materials and workmanship. Director described the height, scale, and setbacks as similar to the Wyndam Hotel although the interior courtyards are bigger than that property. Director reported that hotel rooms are currently planned to be 15 ft. x 26 ft. and that the developer is currently doing value engineering which may result in floor plan modifications. Director reviewed posted plans for the Planning Commission. He stated that the Tahquitz Bridge on Belardo Road will likely be funded next year. He pointed out the Riverside County Flood Control District's 41 ft. easement and the nearest developable property which is over 400 ft. from the property line. Director reported that a site visit confirmed that neighboring properties on the eastside of South Palm Canyon Drive may lose up to 1/3 of their mountain view. He also stated that the vacant land across the street from the subject property can also support this type and intensity of land use. He stated that Parkview Mobile Estates, located on Mesquite Avenue, does not take advantage of the northeast view and has a good landscape barrier. Director reported that, in keeping with the project design's Old World Italian feel,the exteriorfinish of the building will be a hand-troweled smooth plaster finish, antiqued and washed, and will incorporate substantial stonework. The entire first level of the building exterior will be stone. Director passed a sample of the material to the Commissioners. He also stated that the pad elevations of the hotel and of the Rock Garden Cafe will be roughly the same at their closest points. He stated that the existing palm trees are in the 50 ft. range. He reported that the developer's intent is to hide, as much as possible,the mechanical and trash areas of the project and he pointed the area out on the plans which has been designated for this use. He also stated that the City has a written agreement with the Tribal Council for proportionate share funding for the Belardo Road Bridge regarding new developments in this area. Vice Chairman Fontana called the developer to the podium. Mr. J.B. Gold stated that he first brought his project to the City only five months ago and thanked the Planning Commission and staff for their intent review of his project. He stated that his team's objective for the design has been to pull the synergy of Old World Italy into the project and create a beautiful frontage for Palm Canyon Drive. He pointed out thesmall Radisson sign recently added to the plans and assured the Planning Commission that all signage would be unobtrusive. He asked the Planning Commission to consider relieving him of the requirement for an eight ft.sidewalk on Belardo Road as he considers the width excessive for that location. If that relief was granted, he stated, he could increase the soft landscaping as requested by the Director. He reviewed elevation drawings for the Planning Commission,explaining that the view from the Tribal Interpretive Center will be pretty elevations and softscape. He stated that he would like to use extra boulders from excavation for lining the flood control channel area in addition to landscaping it. He stated that he has deleted Planning Commission Minutes of April26, 2000 Page 8 of 11 units from the project in response to concerns regarding setbacks and massing. He further stated that he does not want to hide the building and wishes to keep the tower as it is currently proposed. He pointed out another focal point—the clock towers at the entry drive. As another focal point, he stated that the 23 ft. rock outcropping will be a combination of real and artificial rock to maximize safety and aesthetics. Mr. Gold reported to the Planning Commission that his studies suggest that the economic impact to the City could increase the transient occupancy tax by$12.5 million over the next decade. He summarized the peripheral economic benefits for the community; including shopping, restaurant dining, and grocery purchases. He stated that no major hotel has been built in the City in the past 12 years. Vice Chairman Fontana opened the hearing to Public Comment: Mr. Phil Tedesco, sub-chairman of the Palm Springs Coalition of Neighborhoods, thanked the Director and the developer for assuring that the project complemented the residential quality of the City. Ms.Kathy Pollus,owner ofthe Rock Garden Cafe,addressed the Planning Commission and stated that, as a neighboring business owner, she is happy and proud to have this project next door. Mr. Marvin Roos, Maineiro, Smith and Associates, reported that he had just received revised engineering conditions and would like to briefly address them. He asked that engineering condition #6 (South Palm Canyon Drive curb and gutter) be deferred until the rest of the curb is built. He stated that he would like to be able to work with City Engineer to determine the turn pockets rather than have them determined by Caltrans' manual as proposed in condition#11. He stated that he concurs with the deletion of condition #12. He asked that the Planning Commission consider allowing a five ft.sidewalk on Belardo Road, ratherthan the eight ft.sidewalk required by condition #19. He stated that he had questions regarding condition#22 and about the proportionate share of the Belardo Road Bridge and payment of Tumf fees. Mr. Roos also stated that the main drive under the portico share will be lined with pavers. Mr. Christopher Mills,architectural consultant,reported to the Planning Commission that the focal point of the project had been reworked and resculpted to create the dramatic visual from South Palm Canyon Drive to the north, using the rock sculpture, tower,and skyline. He asked that the Planning Commission not require that the tower be lowered. He asked the Commissioners to consider the setbacks, height, and visual impact of the Hyatt downtown and described its dimensions (e.g. he stated that the north wall of the Hyatt rises 65 ft. above the sidewalk and has a 6 ft.setback from that sidewalk). He stated that he felt the comparison to the Wyndam Hotel was not an accurate visualization due to this project's architecturally mitigated verticality. He stated that the developer is only asking for a minor variance from City code for the west side of the property which will exclude Mac Magruder's Chevrolet dealership. He stated that his studies conclude that no other adjacent property meets the open space requirements. He further stated that the interior space of this project will be unique beyond any other in the entire valley. He concluded by endorsing this product to the Planning Commission. Mr. Mac Magruder addressed the Planning Commission. He stated that he is completely in agreement that this project should be developed at this site. He stated that he still has unresolved Planning Commission Minutes of April 26, 2000 Page 9 of 11 property line issues with the developer but that they are working together to determine an appropriate solution. There being no further appearances, the Public Hearing was closed for comments. In response to Commissioners'questions, Director stated that the extension of the Heritage Trail was designed down to Ramon Road and conceptually to East Palm Canyon Drive on Belardo. He stated that the current grant application's intent is to continue Heritage Trail to the Tribal Interpretive Center. In addition, he stated that the Tribal Planning Commission is currently working on establishing an access roadway along Tahquitz Creek. Commissioners expressed their appreciation forthe excellent quality of the project, but expressed the following areas of concern: Possible need for a secondary entrance at the southern side of the site Scale of building Pedestrian and bike paths Belardo entrance Water retention Applicant explained that access on Belardo Road is minimal due to the need for the depth of the site design. He stated there will be a small Radisson sign at the Belardo Road entrance. City Engineer explained that 85%of the property's drainage will be directed to the channel and that Riverside County Flood Control District has responded with a written conceptual agreement to allow that use. The remaining 15%will be routed to a designated retention area in the parking lot. Director reported that the City's Manager of Government Affairs and Grants has expressed his opinion that this development will present an opportunity for a series of co-authored grant applications for transportation issues, Heritage Trail improvements, and improvements to the Tahquitz Creek Corridor. M/S/C(Jurasky/Raya)5-1; 1 abstain,Jurasky dissenting. To approve subject to conditions in staff report and in report from Director dated April 26, 2000; and deleting mitigation measure regarding tower; and that City Engineer will work with planning staff to re-draft engineering condition #16 to include a reimbursement agreement forportions of Belardo Road south of the subject property. CONSENT AGENDA: None * * * * * COMMISSION/STAFF REPORTS/REQUESTS (continued): Chairman Mills reopened this agenda item as it was tabled earlier to begin Public Hearings. Commissioners discussed the potential problems that the advertising and sales of wooden Planning Commission Minutes of April 26, 2000 Page 10 of 11 SX/%u CAL/e��� R OFCf1 lul�� May 10, 2000 six HUMCD Via Facsimile and Hand Delivered entT MHQUIT7 cnmon WY Mayor William Kleindienst and City Council C/o Doug Evans, Directof of Planning and Building PALM MIKm 3200 EJahquitz Canyon Way City of Palm Springs CA 92262 CCU OQmn Re: Case No. 50830-Preliminary Planned Development No. 260 (Star Canyon Resort) 92262 Dear Mayor Kleindienst and City Council: TCLOHME The Tribal Council, at its meeting of May 9, 2000, reviewed the project (760) 325-3400 proposal and considered the recommendations from the Indian Planning Commission and Tribal membership regarding the project. It was noted that, this proposal was scheduled for review by the Indian rM Planning Commission for April 24, 2000, prior to the April 26, 2000, (760) 325-0593 City Planning Commission hearing. It was also noted that the Tribal Planning Department did not have accurate or complete exhibits at that time and the applicant was unable to make their appointed presentation at that time. The Indian Planning Commission did review and received a presentation by the applicant at their meeting of May 8. It is further recognized the project proposal is on fee land within the Agua Caliente Indian Reservation and the project may affect views from adjoining allotted Trust property to the west, as well as, views of Tahquitz Canyon from the east. Therefore, the Tribal Council, upon recommendation of the Indian Planning Commission requests the following condition of approval be added to the Preliminary Planned Development: Prior to the review and approval of the Final Development Plan, the applicant shall redesign the project to comply with Section 9304.0 of the City Zoning Ordinance (high rise buildings) and re-distribute the taller structures to the north side of the project. The re-design shall be submitted to the Indian Planning Commission for review and comment prior to consideration by the City Planning Commission. P�'JA CAL/E•�r� FCgHU11�P\ Please contact me if you have any questions regarding the above. Thank you for your considerations. Sincier y Tho as J. Davis, AICP Tribal P,I nning Director AGUA CALIENTE BAND OF CAHUILLA INDIANS TJ D/cm C: Tribal Council Dallas Flicek J.B. Gold P1LETTERS-M William Kleindienst 5-10-OO.doc PROOF OF PUBLICATION This Is space for County Clerk's Filing Stamp (2015.5.C.C.P) N 0.4710 - --- _ - - - -- - CITY OF PALM SPRINGS i�i NOTICE OF CITY COUNCIL HEARING _ Case Nos. 5.0830/ PD 260 and TTM 29691 ''( y Palm Sprinos New Millenium Development Inc. ' •�' Pro ect location: West side of t South Pam Canyon Drive, approximately 275 feet north of Mesquite Drive, east of abutting the Loggical extension of Belardo Fioad NOTICE IS HEREBY GIVEN that the City Council ci-;�` Ir✓1 of the City of Palm Springs, California, will hold a �t, t public hearing at it's meeting of May 17, 2000.' '� ,✓z is fhe City Council meeting begins at r00 p.m. In 0 the City Connell Chamber,32 0 E Tahqun'z Can- __ STATE OF_CALIFOR_NIA _ ---�"' you Way, Palm Sorin9s. _ _ Ida pyr5 1¢arin Is `^vo County Of Riverside "pcseaP Ire iirimary Planned gDevelOpment District and Tentative Tract Map applications for the de- velopment of mixed - use facility consisting of a 198 - room hotel, 176 vacation ownership units, banquet and meeting facilities, a 200-seat obser- vatory lounge, a 200 seat restaurant and lounge, and outdoor recreational areas which include pools, Jacuzzis, a waterslide, amphitheater and other common outdoor areas. The proposed ten- tative tract map contemplates the subdivision of the 11 41 sore (10.69 net acres) site, comprised of 3 separate parcels, into 9 lots ranging insize from 3� one.to 3.23 acres,as well as a subdiw- Sion for condominium purposes for the timeshare component.The pro ect is proposed to be Bevel- I am a Citizen of the United States and a resident of oped in a total of phases The subject site is located on the west side of South Pam Canyon the County aforesaid; I am over the age of eighteen Drive, approximately 275 feet north of Mesquite ears,and not a a to or interested In the Drive, east of and abutting the logical extension y party of Belardo Road,Sections 22 and 23.The subject above-entitled matter.I am the clerk of a site is comprised of 3 contiguous parcels, the principalwestern most 2 zoned R-3 (Multiple family rest- printer of the,DESERT SUN PUBLISHING denhal and Hotel Zone)and the easternmost par- cel zoned C-I Retail Business Zone).The subject COMPANY a newspaper of general circulation, site is crirrentfy vacant and undeveloped, and consists of native terrain encompassing rock and printed and published in the city of Palm Springs, vegetation typical of the alluvial fan County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case , Number 191236;that the notice,of which the to annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular jil _ti and entire issue of said newspaper and not in any — supplement thereof on the following dates,to wit: April 27th -- -- 1 PP II SPRI C fly0 T Ali been prepared aEnvironmental Assessment/India) Study has been prepared and g. be received ed the aGity re- All in the year 2000 Council at the meutal A draft Mitigated prepared y hen of EnvirSubic proposal l Due has been prepared far the subject proposal Due t0 the projected In- Sent[, in o [he amount Drive in the obi a traffic an e. I certify(or declare)under penalty of perjury that the South palm canon Drive In the immediate area of the project sl e a traffic study has been pre- foregoing is true and correct. 'mitt mitigations nicn recommends venous Palm control mdigatiod n t measures of South Palm Canyon 27th Drive and on the subject site itself Other items Dated at Palm Springs,Californiaiscussed in the Environmental Assessment in- clude[his-------------day elude noise, aesthetics, all quality, geology, wa- A ril ter, biological resources and energy and mineral p resources Members of the public may view this of-----------------------------------,2000 document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon t/ V v` x/\l`✓`�_ Way. Palm Springs.and submR written comments to the City Council at or prior to the public heel ' rig described in this notice If any individual or group challenges the action in -------------------------------------'---'---'-----------'— court, Issues raised may,be limited to only those Signature issues at the public hearing described in this no- tice or in written correspondence at or prior to the City Council hearing. Notice of Public Hearing is beenq sent to all prop- erty owners within four hundred (400) feet of the subject property An opportunity will be given at said hearing for all interested persons to be heard. Questions regaudi�q this case may be di- rected to Brad Weekley. Associate Planner, with the Department of Pl annmg and Budding, at (760)323-8245. Patricia A. Sanders 7_ f it /`..Jinn,,. " o?�] ) PROOF OF PUBLICATION r) , L is space for County Clerk's Filing Stamp (2015.5.C.C.P) < Q�= No 4518 CITY OF PALM SPRINGS NOTICE OF PLANNING COMMISSION HEARING Case Nos. 5.08301 260 and TTM 29691 Palm Springs New Millenium Development, Inc. , Prefect location: West side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Drive, east of and abutting the logical extension of nelardo Road. STATE OF CALIFORNIA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, Gaiter- County of Riverside nia, will hold a public hearing ar it's meeting of April 26, sure which begins at 1 so Pp m. (Public 10 1;-am iyer 300 Twah g✓m,t,.1 nr ale z Canyon OW m Springs The purpose of the hearmq is to consider pro- -_ posed Preliminary Planned Development District and Tentative Parcel Map appplications for the de- velopment of a mixed-use facility consisting of a hotel, vacarise ownership units, banquet and meeting facilities, a restaurant and lounge, and outdoor recreational areas which include pools, jacuzns, a watershed, amphitheater and oth ei common outdoor areas The proposed tentative I am a citizen of the United States and a resident of parcel map contemplates the subdivision of the the Countyaforesaid;I am over the a e of ei hteen 11.41 acre site, comprised of 3 separate parcels, li g into 9 lots ranging in size from .35 acres to 3 23 •-^- years,and not a party to or interested in the acres.The project e proposed to be developed in a total of 8 phases The subject site is located on above-entitled matter.I am the principal clerk of a the west aide of South Palm Canyon Drive, ap- proximately 275 feet north of Mesquite Drive,east printer of the,DESERT SUN PUBLISHING of and abutting the logical extension of Balance COMPANY anewspaper of general circulation Road The subject site is comprised of 3 conhqu- , i ana pparcels, the westernmost 2 zoned R-3 (Multi- rinted and published in the el of Palm Springs, ple Purdy residential and Hotel Zone) and the P p city P � eastermost parcel zoned C-1 (Retail Business County of Riverside,and which newspaper has been Zone.The Subject site is currently vacant and no- dove oped and consists of native terrain encom- adjudged a newspaper of general circulation by the passing rock and vegetation typical of the alluvial Superior Court of the County of Riverside,State of mountains ich d is located at the base of the California under the date of March 24,1988.Case --- Number 191236;that the notice,of which the " annexed is a printed copy(set in type not smaller than non pariel,has been published in each regutar and entire issue of said newspaper and not in any r t supplement thereof on the following dates,to wit: April6th - All in the year 2000 I certify(or declare)under penalty of perjury that the An Environmental Assessmoutdribal Study has foregoing is true and correct. been prepared and will be reviewed by the Plan- ring Commission at the meeting A draft Mkigat- 6th ed Negative Declaration of Environmental Impact has been prepared for the subject proposal. Due Dated at Palm Springs,California this day to the projected increase in the amount of auto- mobile traffic on South Palm Canyon Drive in the April immediate area of the project site,a traffice study ot---------- ,2000 has been prepared, which recommends various traffic control mitigations antl measures on South Palm Canyon Drive and on the subject site itself Members of the pubhe may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments to the Signature Planning Commission at or prior to the public g hearing described in this ne'uce- If any individual or group challenges the action in court, issues used may be limited to only those issues at ilia public heanng described in this no- tice or in written correspondence at or prier to the Planning Commission hearing. Notice of Public Hearing is belnq sent to all prop- erty owners within four hundred (400) feet of the subject property An opportunity will be given at said heanng for all interested persons to be heard. Ones ions regarding this case may be di- rected to Brad Wackier, Associate Planner, with the Department of Planning and Building, at (761,4323-8245 / Doug/asR Evans Director of Planning ning and Building - . _. 16 -In AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 7th day of April, 2000 I served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION CASE NO. 5.0830/PD 260 and Tentative Tract Map 29691 to consider proposed Preliminary Planned Development District and Tentative Parcel Map applications forthe development of a mixed-use facility consisting of a hotel, vacation ownership units, banquet and meeting facilities, a restaurant and lounge, and outdoor recreational areas which include pools,jacuzzis, a waterslide, amphitheater and other common outdoor areas. The proposed tentative parcel map contemplates the subdivision of the 11.41 acre site, comprised of 3 separate parcels, into 9 lots ranging in size from .35 acres to 3.23 acres. The project is proposed to be developed in a total of 8 phases. The subject site is located on the west side of South Palm Canyon drive, approximately 275 feet north of Mesquite Drive,east of and abutting the logical extension of Belardo Road. The subject site is comprised of 3 contiguous parcels,the westernmost 2 zoned R-3(Multiple family residential and Hotel Zone)and the easternmost parcel zoned C-1 (Retail Business Zone)on persons contained in Exhibit"A"attached hereto in said action or proceeding by depositing a true copy thereof,enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox,sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated February 7, 2000 and certified by the City's Planning Technician, and attached hereto as Exhibit "A". Notices (2) (along with stamped envelopes) were mailed to the Bureau of Indian Affairs, Palm Springs Field Office, PO Box 2245, Palm Springs CA 92263, which they will in turn send. I hereby declare under penalty of perjury that the foregoing is true and correct. 0 Judith A. Ni ols Dated at Palm Springs, California, this 7th day of .April, 2000. First American Title Insurance Company 3625 14th Street Riverside, California 92502 Phone (909) 787-1700 Property Owners Certification I LYSA SOBAMPO _ CERTIFY THAT ON FEB.7,00 THE ATTACHED PROPERTY OWNERS LIST WAS PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY PURSUANT TO APPLICATION REQUIREMENTS FURNISHED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT. SAID LIST IS A COMPLETE AND TRUE COMPILATION OF THE OWNER OF THE SUBJECT PROPERTY AND ALL OTHER PROPERTY OWNERS WITHIN 400' FEET (PERSONS OWNING MULTIPLE PROPERTIES SHALL ONLY BE COUNTED OUNCE) OF THE PROPERTY INVOLVED IN THE APPLICATION AND IS BASED UPON THE LATEST EQUALIZED ASSESSMENT ROLLS, NAME: LYSA SOBAMPO TITLEIREGISTRATION: CUSTOMER SERVICE REPRESENTATIVE I FURTHER CERTIFY THAT THE INFORMATION FILED IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT THE INCORRECT OR ERRONEOUS INFORMATION AY BE GROUNDSFOR REIECTION OR DENIAL OF THE APPLICATION. SIGNATURE '/ J LY A 0 0 \ DATE: FEB.7,00 CASENO.SEE MAPS ATTACHED APN 009-612-216 513-300-(-)2Z WON JA LEE 1109 S PALM CANYON DR PALM SPRINGS CA 92264-8333 I i 1 APN 508-131-009 APN 508-131-015 APN 508-131-018 REDEVELOPM GENCY CITY OF PALM ROCCO &DEBRA DILUCCHIO JERRY &CHRISTOPHER FRANKEL PO BO 3 73464 SIESTA TRL 69 1010 KEANA PL F204 PAL SPRINGS CA 92263-2743 PALM DESERT CA 92260-6106 KAMUELA HI 96743 6�Ld0,0Ntokl- APN 508-162-001 APN 5�� -�61-UO2 APN 508-171-001 508 171- 607,004 PROP WHITEHEAD COUNTY FLOOD CON T.RIVERSIDE MARTIN A.RUDERMAN 4511 E SUNNY DUNES RD#B PO BOX 1033 1157 E RIVERSIDE DR S PALM SPRINGS CA 92264-1553 RIVERSIDE CA 92502-1033 PALM SPRINGS CA 92264-0632 APN 508-171-002 APN 508-171-005 APN 508-171-006 MICHAEL M.&SARA SACK JOHN &KATHE POLOS JAMES M.&ALINE G.JACKSON 1157 E RIVERSIDE DR S 777 S PALM CANYON DR 601 W AREANAS RD PALM SPRINGS CA 92264-0632 PALM SPRINGS CA 92264-8126 PALM SPRINGS CA 92262 APN 508-171-007 APN 508-171-008 APN 508-171-00 COUNTY F CON T.RIVERSIDE JOHN &KATHE POLOS COUNTY FL CON T.RIVERSIDE PO 1033 PO BOX 1400 PO B 033 RIVERSIDE CA 92502-1033 BIG BEAR LAKE CA 92315-1400 RIERSIDE CA 92502-1033 APN 508-172-005 APN 508-172-007 APN 508-172-008 FRANCAISE DE LORIEN T.BANQUE RUSSELL &JANE B.WADE COUNTY FLO T.RIVERSIDE 633 W 5TH ST#21ST ELDORADO COUNTRY CLUB PO BOYyt 3 LOS ANGELES CA 90071-2005 INDIAN WELLS CA 92260 RSIDE CA 92502-1033 APN 508-172-009 APN 508-172-010 APN 508-172-011 FRANCAISE DE LORIEN T.BANQUE COUNT N T.RIVERSIDE COUNTY FL N T.RIVERSIDE 633 W 5TH ST 21ST FL PO B 33 PO B 033 LOS ANGELES CA 90071-2005 RIVERSIDE CA 92502-1033 R ERSIDE CA 92502-1033 APN 508-172-012 APN 508-291-003 APN 508-291-004 COUNTY FLOG T.RIVERSIDE MICHAEL DEVEAU SCOTT P.TIMBERLAKE PO BOX 137 E MESQUITE AV .�1� �l1 £ _?g--4 thl� RIVE IDECA 92502-1033 PALM SPRINGS CA 92264-8469 f Ls4(( C( aye 47272. APN 508-291-005 APN 508-291-027 APN 508-291-028 CHARLES &ERNESTINE HAYWOOD DANIEL LEE WEEDON JEROLD J.HARRIS 2808 LAKEMONT DR 3929 COUNTRY CLUB DR 8830 RANGELY AVE FALLBROOK CA 92028-9813 LAKEWOOD CA 93827 LOS ANGELES CA 90048-1717 APN 508-291-029 APN 508-291-034 APN 513-250-014 ERMINIA VERLENGIA JOSEPH A.BARRACO CHEVROLET M DER 1080 S PALM CANYON DR PO BOX 2576 UNKNO PALM SPRINGS CA 92264-8332 RANCHO MIRAGE CA 92270-1088 o APN 513-250-020 APN 513-250-003 j0,9 APN 513-250-031 513 USA E.ALLAN PETTY E.ALAN PET UNKNOWN 601 W ARENAS RD 601 W AS RD PALM SPRINGS CA 92262-6313 PA M SPRINGS CA 92262-6313 t y APN 513-250-032 APN 513-250-024 APN 513-290-001 COUNTY FLOOD CON T.RIVERSIDE 513 USA /; JIM E.HEMSTREET RIVERSIDE CA 92507-4138 UNKNOWN 65 Adder S PALM SPRINGS CA 92262-7146 APN 513-290-004 APN 513-300-005 APN 513-300-0061U0l 513 USA p OQ PARKVIEW MOBILE ESTATES IN C FEY FAMILY INV LTD PARTNER SHIP UNKNOWN I 211 W MESQUITE AVE PO BOX 2849 fl ,f d,u's-s PALM SPRINGS CA 92264-8328 PALM SPRINGS CA 92263-2849 APN 513-300-007 APN 513-300-022 APN 513-300-030 FEY FAMILY INV ARTNER SHIP 513 USA GEORGE &DIANNE MARANTZ PO BOX NO Q 0 -' ��Z� 6 PALOMINO RD P SPRINGS CA 92263-2849 PALM SPRINGS CA 92264-8425 APN 513-300-031 APN 513-300-036 GEORGE &DIANNE MARANTZ TAHQUITZ CANYON TRAILER PA RK INC 211 W MESQUITE AVE PO BOX 3828 PALM SPRINGS CA 92264-8328 BEVERLY HILLS CA 90212-0828 NOTICE OF PLANNING COMMISSION HEARING Case Nos.5.0830/PD 260 and TTM 29691 Palm Springs New Millenium Development,Inc. Project location:West side of South Palm Canyon Drive,approximately 275 feet north of Mesquite Drive,east of and abutting the logical extension of Belardo Road. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs,California,will hold a public hearing at it's meeting of April 26,2000 which begins at 1:30 p.m.(Public Hearings begin at 2:00 p.m.)In the City Council Chamber,3200 E.Tahquitz Canyon Way,Palm Springs. The purpose of the hearing is to consider proposed Preliminary Planned Development District and Tentative Parcel Map applications for the development of a mixed-use facility consisting of a hotel,vacation ownership units, banquet and meeting facilities,a restaurant and lounge,and outdoor recreational areas which include pools,jacuzzis, a waterslide, amphitheater and other common outdoor areas.The proposed tentative parcel map contemplates the subdivision of the11.41acre site,comprised of 3 separate parcels, into 9 lots ranging in size from .35 acres to 3.23 acres. The project is proposed to be developed in a total of 8 phases.The subject site is located on the west side of South Palm Canyon Drive,approximately 275 feet north of Mesquite Drive,east of and abutting the logical extension of Belardo Road. The subject site is comprised of 3 contiguous parcels,the westernmost 2 zoned R-3 (Multiple family residential and Hotel Zone)and the easternmost parcel zoned C-1 (Retail Business Zone). The subject site is currently vacant and undeveloped,and consists of native terrain encompassing rock and vegatation typical of the alluvial fan on which it is located at the base of the mountains. An Environmental Assessment/Initial Study has been prepared and will be reviewed by the Planning Commission at the meeting. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Due to the projected increase in the amount of automobile traffic on South Palm Canyon Drive in the immediate area of the project site,a traffic study has been prepared,which recommends various traffic control mitigations and measures on South Palm Canyon Drive and on the subject site itself. Members of the public may view this document in the Department of Planning and Building,City Hall,3200 East Tahquitz Canyon Way,Palm Springs,and submit written comments to the Planning Commission at or prior to the public hearing described in this notice. If any individual or group challenges the action in court,issues raised may be limited to only those issues at the public hearing described in this notice or in written correspondence at or prior to the Planning Commission hearing. Notice of Public Hearing is being sent to all property owners within four hundred(400)feet of the subject property. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Brad Weekley,Associate Planner,with the Department of Planning and Building,at(760)323- 8245. Douglas R.Eva Director of Planning and Building Publish: April 6,2000 VICINITY /'-lAF a N.T.S. Z Z ��tMON l�OftD � O GhMINO P ROGLf SUNNY OUNE5 "MA0 o � N, PAIEP50E OPIVE z fl � ME50UlTE/tVENUE PPOJECT 5/Tf CITY OF PALM SPRINGS CASE N0. 50830 (P0260) DESCRIPTION T7-t l 2%91 APPLICATION 0P f APPLICANT pljL 5P?IN65 NEW PLANNED DEVELOPMENT AND h TPACT MAP 7-0 ALLOW SOP It PE50P7-PIOTEL I-WL -CNNIUM DEVELOPMENT, INC. LOC/tTED NEAP TYIE COPNEP O/=50UT11 PltL17 CANYON ANO MESOUITE/AVENUE, C-1 S P 3 ZONE, SEG. 29 ff 23, RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CASE NO. 5.0830 (PLANNED DEVELOPMENT DISTRICT NO. 260) AND TENTATIVE TRACT MAP NO. 29691 TO PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC., FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A MULTI-PHASED, MIXED USE PROJECT CONSISTING OF A 198-ROOM HOTEL FACILITY, A 176-UNIT VACATION OWNERSHIP FACILITY,RESTAURANTS,A 200-SEAT OBSERVATORY LOUNGE, A 7,000 SQUARE-FOOT SPA AND OTHER ASSOCIATED RECREATIONAL AMENITIES, TOTALING APPROXIMATELY 168,049 SQUARE FEET OF BUILDING AREA ON 11.41 GROSS ACRES OF LAND, AND THE SUBDIVISION OF THE 11.41 GROSS ACRE SITE INTO NINE (9) PARCELS, RANGING IN SIZE FROM 0.35 ACRES TO 3.23 ACRES,AS WELL AS THE SUBDIVISION OF THE SITE FOR CONDOMINIUM PURPOSES, LOCATED ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE, APPROXIMATELY 275 FEET NORTH OF MESQUITE DRIVE AND EAST OF THE FUTURE EXTENSION OF BELARDO ROAD, C-1 AND R-3 ZONES, SECTIONS 22 AND 23, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Palm Springs (the "Applicant") has filed an application with the City pursuant to Section 9403.00 of the Zoning Ordinance, Case No. 5.0830 (Preliminary Planned Development District No. 260) and pursuant to Section 9.60 of the Palm Springs Municipal Code, Tentative Tract Map No. 29691 for the development of a multi-phased, mixed use project consisting of a 198-room hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area on 11.41 gross acres of land, and the subdivision of the 11.41 gross acre site into nine (9) parcels, ranging in size from 0.35 acres to 3.23 acres, as well as the subdivision of the site for condominium proposes, located on the west side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Avenue and east of the future extension of Belardo Road, C-1 and R-3 zones, Sections 22 and 23; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0830 - Preliminary Planned Development 260 (PD 260) and Tentative Tract Map No. 29691 were given in accordance with applicable law; and WHEREAS, on April 26, 2000, a duly noticed public hearing on the application for Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on April 26, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 subject to the conditions contained in Planning Commission Resolution No. 4690; and I I WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Preliminary Planned Development 260 (PD 260) and Tentative Tract Map No. 29691 were given in accordance with applicable law; and WHEREAS, on May 17, 2000, a duly noticed public hearing on the application for Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map No. 29691, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed project (PD 260 and Tentative Tract Map No. 29691), is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Mitigated Negative Declaration and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has previously reviewed and considered and the City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project, which includes mitigation measures for traffic and circulation such as, the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits, the contribution of intersection improvements at project entrance on South Palm Canyon Drive, the dedication of the full half street right-of-way on Belardo Road from Mesquite Avenue to the north project boundary, a roadway extension of Belardo Road from Mesquite Drive to the westerly frontage of the project, mitigation measures for water such as the construction of buildings outside the limits of the flood innundation area of the Tahquitz Creek Flood Control Channel, mitigation measures for aesthetics including, but not limited to, stepping the building massing back from South Palm Canyon Drive and providing lower profile buildings along the western perimeter of the site, and requiring a detailed site and building lighting plan that demonstrates compliance with Zoning Ordinance requirements and mitigation measures for Cultural Resources(completion of a data recovery program)and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. 11 76awk Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code (Subdivision Map Act) Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The application entails subdividing 11.41 gross acres (10.67 net acres) into nine (9) lots, generally corresponding with the phase lines proposed by the applicant, for the development of a multiple-phased mixed use resort. In addition, the application contemplates the subdivision of the property for condominium purposes for the timeshare component of the project. The subject property is designated as"RC" (Resort Commercial) and "H" (Residential High) on the City's General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-3" (Multi-Family and Hotel Zone) pursuant to the Zoning Map consistent with the existing General Plan designations. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where automobile-oriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related amenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and, with the mitigation measures recommended in the Environmental Assessment, will not have a significant impact on the surrounding neighborhood. b. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. The subject site is designated"RC"(Resort Commercial)and"H" (Residential High) pursuant to the General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-Y (Multi-Family and Hotel Zone) pursuant to the Zoning Map. The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General Plan Policies 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compatible with the existing General Plan designations as described above in Section 4(a) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General Plan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood 1133 Control Channel, and lands on the north side of the channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent with the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the subdivision and related planned development should be compatible with the surrounding neighborhood. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. Curb, gutter, sidewalk and mature palms currently exist along the South Palm Canyon frontage. The site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities permitted in the"C-1"and "R-3"zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision is consistent with all applicable environmental plans, and is compatible with existing land uses in the immediate vicinity of the project site. Adequate street frontage exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, the site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities permitted in the "C-1" and "R-3"zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision and related mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan land use and zoning designations to the north, east and west, based on the proposed density contemplated under the proposed development. Although there are lots within the proposed subdivision that do not meet the minimum lot size of 20,000 square feet, as contemplated per the Planned Development District, the design of the integrated, master-planned project will not give the appearance that lots do not minimum lot size criteria. The project is consistent with the proposed density of development previously contemplated but never completed on property immediately east of the site, across South Palm Canyon Drive. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer from the existing 11tq automotive dealership to the south be incorporated into the project design to mitigate any land use compatibility concerns. Thus, the density of the proposed subdivision and related planned development will be compatible with surrounding neighborhood. e. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat Conditions of this subdivision and related planned development will require full public improvements along South Palm Canyon Drive and Belardo Road to be completed to the satisfaction of the City, with the development. The project site is on the fringe of the urbanized area of the City with existing development in three direction and has not been identified to be within an area of biological concern or an area that would have any substantial impacts on fish or wildlife or their habitat. With the required street improvements and other mitigations recommended pursuant to conditions of approval for this project, the design of the proposed subdivision and the proposed improvements contemplated under the proposed planned development are not likely to cause substantial environmental damage. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for traffic signalization and a landscaped median island on South Palm Canyon Drive, street widening and re- striping (where applicable) on perimeter streets, and, a combination screen wall/landscape buffer to minimize the potential noise and aesthetic impacts between the proposed subdivision from the adjacent automotive dealership to the south. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The off-site improvements,which are required by the Zoning Ordinance, are related to the project since patrons and employees of the project must use South Palm Canyon Drive and Belardo Road to access the site. Currently, the subject property is vacant and therefore little or no usage of surrounding roads, sidewalks and utilities is due to the subject property at this time. However, the future property owner will benefit from any improvements made to the above streets such as street widening, traffic signalization and other traffic controls and aesthetic features, such as landscaped median islands. Section 5: Pursuant to Section 9403.00 of the Zoning Ordinance,the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District will allow for a mixed of commercial and residential uses, including a 198-unit hotel facility, a 176-unit vacation !!II ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area, is permitted pursuant to Section 9403.00 (Planned Development District). b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subject property is designated as "RC" (Resort Commercial) and "H 43/21" (High Density Residential) on the City's General Plan Land Use Map and "C- 1"(Central Retail Business Zone) and "R-3" (Multi-Family and Hotel Zone) pursuant to the Zoning Map. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where automobile-oriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related amenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and supports its goals and policies. C. The said use is necessary or 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 zones in which the proposed use is to be located. The proposed Preliminary Planned Development District application for a mixed use project, consisting of a 198-unit hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area will provide resort commercial services geared toward tourists of the community, consistent with the objectives of the Resort Commercial and High Density Residential components of the General Plan and the zones in which the site is located (i.e. the site is zoned "C-1" and "R-3" with a Resort Overlay zone). The planned development will provide additional tourist opportunities and associated conveniences as well as an additional restaurant amenity for tourists and residents alike, in a location within the City's Resort Overlay District along South Palm Canyon Drive, outside of the immediate downtown area, where the type of development proposed under this application is most appropriate to handle the projected amount of automotive traffic and related on-site parking. The subject project incorporates upgraded architectural styles and landscaping in order to blend in aesthetically with surrounding developments. Additionally, driveways have been located on the South Palm Canyon Drive and Belardo Road street frontages in a manner that will provide safety and aesthetic benefits and is consistent with policies of the General Plan. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is designated"RC"(Resort Commercial) and"H"(Residential High) pursuant to the General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-3" (Multi-Family and Hotel Zone) pursuant to the Zoning Map, The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General Plan Policies 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compatible with the existing General Plan designations as described above in Section 4(a) and (b) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south. South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General Plan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood Control Channel, and lands on the north side of the channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent with the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the proposed planned development should be compatible with the surrounding neighborhood. e. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood (i.e. the site is physically suitable forthe type of development contemplated by the planned development). The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. The project falls within the range of allowable densities permitted in the "C-1" and "R-3" zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The purpose of the Planned Development District is to provide for various types of land uses which can be combined to create a compatible relationship with each other while following good zoning practices and the General Plan and allow desirable departures from the strict provisions of the specific zone classifications where desirable. The Immediately to the east of the project site, across South Palm Canyon Drive, a large-scale resort planned development was approved but never built that encompassed pursuant to Section 9304.00 of the Zoning Ordinance (Highrise Buildings). Adequate street frontage exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, the proposed planned development is compatible with existing land uses in the immediate vicinity of the project site and is physically suitable for the type of development contemplated by the proposed planned development f. The site is physically suitable for the proposed density of development contemplated by the proposed planned development. As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the n/ range of allowable densities permitted in the "C-1" and "R-3"zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan land use and zoning designations to the north, east and west, based on the proposed density contemplated under the proposed development. As referenced above, the project is also consistent with the proposed density of development previously contemplated but never completed on property immediately east of the site, across South Palm Canyon Drive. The project site is separated from existing land uses to the north by the Tahquitz Creek Flood Control Channel, to the east and west by existing or future streets. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer from the existing automotive dealership to the south be incorporated into the project design to mitigate any land use compatibility concerns. Thus, the density of the proposed planned development will be compatible with surrounding neighborhood. g. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed Planned Development is bordered on two sides (east and west) by existing or future roadways, one of which is a major thoroughfare (South Palm Canyon Drive) and one of which is a secondary thoroughfare (Belardo Road). A traffic report was conducted for the planned development which concluded that, based on the estimate of 4,070 project related trips per day, no additional traffic lanes will be required to provide acceptable levels of service at key surrounding intersections in the future. However, the proposed shared access with the existing restaurant to the north and east of the site will require signalization upon development of the project. In addition, the project proponent will be required to contribute to roadway improvements of regional benefit by participating in the Transportation Uniform Mitigation Fund (TUMF)program and comply with the City's Transportation Demand Management(TDM) Ordinance. All of these items, as well as other secondary transportation related items, have been incorporated into the recommended Conditions of Approval for the project (Exhibit A). With these conditions in place, the vehicular circulation system will not be negatively impacted by trips generated from this project. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for traffic signal installation, street dedication,widening and/or construction, provisions for delivery truck access, new curbs, gutters and sidewalks, and a landscape/wall buffer between the project and the adjacent automotive dealership. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the Planned Development District. The conditions requiring off-site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. Patrons and employees will utilize the three surrounding streets to access the site. Conditions of approval require additional street dedication and widening, installation of a traffic signal, and the construction of a raised, landscaped median island, the installation of street lights along South Palm Canyon Drive, as well as the installation of public improvements such as, but not limited to, pavement, striping, curbs, gutters and sidewalks, and street lights on Belardo Road. All of the required off-site improvements will provide direct and immediate safety benefits to the patrons and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. These improvements and/or mitigation include the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits of all phases of the project, the installation of a bus bay turnout along the South Palm Canyon Drive frontage, as well as the required improvements mentioned above. Without the proposed project, which will provide for approximately 168,049 square feet of resort-oriented commercial uses, generating traffic and site users, these improvements would not be warranted since the site is currently vacant and not currently impacting any City rights-of-way. Section 6: Pursuant to Section 9315.00 of the Zoning Ordinance, the City Council finds that: a. Pursuant to the Zoning Ordinance Section 9315.00 B,the use or occupancy of land on a timeshare basis is authorized by the City's Zoning Ordinance within the "C-1" and "R-3" zones, subject to the provisions of Section 9402.00 of the Zoning Ordinance (Conditional Use Permit); b. The use or occupancy of land on a "time-share" basis is being considered pursuant to the provisions of Section 9403.00 of the Zoning Ordinance (Planned Development District)whereby the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan are in conformity with said section as well as Section 9402.00 of the Zoning Ordinance (Conditional Use Permits) the General Plan and sound community development. The findings for said planned development are outlined above in Section 5 of this Resolution; C. The "time-share" component of the project will require the applicant to comply with the applicable provisions Section 9315,00 of the Zoning Ordinance referenced above and Chapter 3.28 of the Palm Springs Municipal Code (Time-Share Occupancy Tax), and the review of the Covenants, Codes and Restrictions (C,C and R's) by the City; d. The time-sharing project will not have a significant impact on transient or permanent rental stock; e. The time-sharing project does not create a nonconformity with current zoning regulations and the General Plan; and f. The time-sharing project does not create a nonconformity with existing uniform building and fire codes. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby issues a mitigated negative declaration and approves Case No. 5.0830 (Planned Development District No. 260) and Tentative Tract Map No. 29691 subject to those conditions set forth in the in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this _ day of 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Interim City Manager City Clerk REVIEWED AND APPROVED: 131U