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HomeMy WebLinkAbout18463 - RESOLUTIONS - 9/7/1994 RESOLUTION NO. 1.8463 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 232 (CASE 5 . 0667 PD-232) ' FOR THE AGUA CALIENTE INDIAN GAMING FACILITY LOCATED ON A SITE OF APPROXIMATELY 10 .3 ACRES GENERALLY BOUND BY AMADO ROAD, CALLE EL SEGUNDO, ANDREAS ROAD AND CALLE ENCILIA, R-4- VP AND RESORT OVERLAY ZONES, SECTION 14 . WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) , in association with Caesars Palm Springs Management Company, Inc . (Caesars) , have submitted an application for a Planned Development District (PD) for an Indian Gaming Facility (gaming facility) ; and WHEREAS, the gaming facility is proposed to built in two phases and will entail approximately 75, 000 square feet in Phase I and up to 119, 000 square feet in Phase II; and WHEREAS, the proposed gaming facility will operate 24-hours per day and will include gaming, restaurant and entertainment uses ; and WHEREAS, the gaming facility is required to provide at least 625 parking spaces in phase I and will accommodate this requirement with surface parking on-site and on adjacent parcels, if such land is acquired by the Tribe and Caesars, or an on-site one-deck parking facility will be provided; and WHEREAS, the gaming facility is required to provide at least 1094 ' parking spaces, which number will be further refined prior to the construction of Phase II, and such required parking will be accommodated by an up to four story parking structure; and WHEREAS, the number of parking spaces displaced on the Post Office property will be required to be relocated in proximity to the Post Office property; and WHEREAS, the PD application requests flexibility with regard to the development standards set forth in the City of Palm Springs Zoning Ordinance; WHEREAS, the setback is reduced along A.mado Road with the proposed parking facility; and WHEREAS, a portion of the proposed gaming facility and parking structure, as well as the porte cochere, landscape planters, light fixtures, entry archways and surface parking spaces encroach into the public rights-of-way until such time the rights-of-way are vacated; and WHEREAS, that which is listed above which encroaches into the right-of-way will require the approval of an encroachment license until such time the subject streets are vacated; and WHEREAS, the PD proposal will result in the demolition of the Spa Hotel and Hilton Hotel tennis courts and related parking and the relocation of the Hilton Hotel tennis courts and related parking; WHEREAS, the Tribe has also requested approval of a General Plan Amendment and Zoning Text Amendment as related to the gaming facility; and Res 18463 ?g 2 18461. WHEREAS, the City Council adopted Resolution No._ for the Mitigated Negative Declaration; and WHEREAS, notice of public hearings of the Planning Commission and the City Council to consider and approve, respectively, the: subject applications and the Mitigated Negative Declaration, and notice of the CEQA public review period for the Environmental Assessment was published in the Desert Sun on August 1, 1994, and mailed out to ' property owners within 400 feet- of the project boundary and other interested parties; and WHEREAS, the proposed General Plan Amendment, Zoning Text Amendment, PD, DDA, Option Agreement and other related actions discussed in the Environmental Assessment are considered "projects" pursuant to the terms of CEQA and a Mitigated Negative Declaration has been prepared for the project and has been distributed for public review and comment in accordance with CEQA as discussed above; and WHEREAS, the Mitigated. Negative Declaration prepared for the project finds that the proposed project will not have a significant negative impact on the environment; and WHEREAS, the Planning Commission at a public hearing held on August 24, 1994, 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 and the environmental data including but not limited to the Environmental Assessment and related comments and voted in favor (4-0 ; 2 absent) of the project; 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 and the environmental data including but not limited to the Environmental Assessment and related comments . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA, the City Council finds as follows : a. The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA GULidelineS and the City' s CEQA procedures . The City Council has independently reviewed and considered the information contained in the Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, socioeconomic, public safety, archaeological/historic resources and light and glare) , and that on the basis of the Environmental Assessment and comments received during the public review process, there will be no adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Environmental Assessment/Mitigated Negative Declaration have been incorporated into the project which mitigate any ' potential significant environmental effects to point acceptable within the community. The mitigation measures are adopted in the Conditions of Approval of this project as outlined in Exhibit A (as on file in the Office of the City Cleric) of this Resolution. The City Council further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgement . Res 18463 Pg 3 b. The Mitigation Monitoring Program is in compliance with Public Resources Code Section 21081 . 6 and is required in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are referenced in the Conditions of Approval of this project as outlined in Exhibit A (as on file in the Office of the City Clerk) of this Resolution. c . Pursuant to Fish and Game Code Section 711 .4, this project has a de minimis impact on fish and wildlife . Section 2 : Pursuant to Section 9403 . 00 of the Zoning Ordinance, the City Council finds that : a. The use applied for at the location set forth in the application are properly ones for which a Planned Development is authorized by the City' s Zoning Ordinance . The Zoning Ordinance, with the approval of a Planned Development District, allows for an Indian gaming facility on trust lands of the Agua Caliente Indian Reservation - Tribal lands only. The proposed gaming facility will be appropriately located such that it will complement the surrounding hotels, convention center and commercial element of the downtown area. The proposed gaming facility will be located in proximity to two high-density condominium complexes; required conditions and mitigation measures regarding landscaping, grading and building design, will ensure that any visual impact is minimized, such that the location is appropriate for the development of the Indian gaming facility. b. The proposed gaming facility 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 zone in which the gaming facility is to be located. The proposed gaming facility is in harmony with the goals and objectives of the General Plan such that it will be located in an area designated Resort Commercial . The gaming facility will promote Resort Commercial objectives and policies by providing entertainment for this resort oriented area in which the gaming facility will be located; additionally, the gaming facility is to be located in proximity to the convention center, resort hotels and commercial uses, adding to the General Plan Objective 3 . 23 regarding the "establishment of a unique district which capitalizes on the presence of the Palm Springs Convention Center. . . " The gaming facility will also further General Plan objectives by strengthening the pedestrian linkage to the downtown area by use of such elements as creative landscaping, decorative paving and street lighting and by creating tourism enhancing development . With the proposed mitigation measures the use will not be detrimental to existing uses as stated in these findings, and will enhance surrounding property and promote the development of resort uses within the zone, consistent with the goals of the General Plan. c . 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. The site is an appropriate one for the proposed use, however, flexibility with regard to certain development standards is being requested. The gaming facility proposal includes encroachment into required setbacks, the reduction of the required landscape percentage and light standards measuring higher than the maximum Res 18463 Pg 4 height set forth in the Zoning Ordinance . Calle Encil.ia and Andreas Road adjacent to the gaming facility are proposed to be vacated; when this occurs, the gaming facility will not encroach into required setbacks nor rights-of-way. However, until such time, encroachment permits will be issued to permit the facility, including portions of the building, the parking structure, landscape planters, light fixtures, parking spaces and t'he porte cochere to encroach into the rights-of-way. ' The gaming facility building and parking structure will be conditioned to maintain a 1 : 1 setback along Calle E1 Segundo. Setbacks along Amado will be reduced to a minimum of 20 feet along a portion of Amado; however, this elevation is not directly adjacent to or across the street from any existing residential development and will entail appropriate landscaping to create a buffer for this reduced setback.. The light fixtures will be required to be no greater than 18 feet high as per a mitigation measure within the Environmental Assessment along Calle El Segundo since condominiums are located across the street along Calle El Segundo. The light fixtures have been proposed at a maximum height of 30 feet in other areas not fronting along Calle El Segundo such that they will not negatively impact sensitive land uses,, a mitigation measure is also included which requires a lighting plan for the purpose of additional analysis and possibly additional requirements regarding light spillage toward the condominiums and the Hilton Hotel . Additionally, a condition will require all light fixtures to be no higher than 18 feet, with the possibility to increase the height from 22 to 24 feet upon the review of a detailed ]Lighting plan. If developed with these restrictions, the use of the site as a gaming facility will be appropriately adjusted so that impacts on existing and future uses of surrounding property will be minimized and not ' adverse . d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use . A traffic study was prepared for this project which indicates the circulation system is currently designed so that the proposed project can be accommodated. The gaming facility will operate 24 hours per day and will create traffic patterns which differ from the normal commuter hours; traffic will be spread out throughout the day and evening. A mitigation measure will require the potential contribution for the future improvement of Alejo Road. The Environmental Assessment concludes that no 'intersections will be degraded below level of service B by the project . e . That the conditions to be imposed as contained in Exhibit A and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare including any minor modifications to the zone' s property development: standards . Required conditions and, mitigation measures of the Environmental Assessment will ensure that the modifications to the development standards as discussed above will ensure the public health, safety ' and general welfare . Specifically, the project will be required to comply with conditions and mitigation measures regarding but not limited to, noise, light, construction practices, drainage, site design, landscaping, parking and security. These conditions will ensure that the gaming facility will be designed such that it is appropriately located and will not negatively impact the public health, safety and general welfare. f . The proposed change of zone from R-4-VP to PD-232 is in conformity with the General Plan such that this PD will allow for the Indian Gaming Facility which will contribute to the furthering of the General Plan goals and policies . Goals which will be furthered by this change of zone include enhancing the resort commercial areas, providing a pedestrian connection to the downtown, increasing the potential for tourism, contributing to the ' "establishment of a unique district which capitalizes on the presence of the Palm Springs Convention Center. . . , " and by providing and encouraging resort and entertainment uses in this location adjacent to the downtown and the Convention Center district. g. The proposed change of zone from R-4-VP to Planned Development District 232 is necessary and proper at this time and is not likely to be detrimental to the adjacent properties as set forth in the Environmental Assessment/Mitigated Negative Declaration. The conditions as well as the mitigation measures will ensure that the proposed PD, in lieu of a zone change, will not negatively impact the adjacent properties; special focus is placed on the properties to the east containing high density residential uses . Conditions will ensure the adequate use of landscaping and design methods for softening and/or buffering of elevations across the street from the condominiums, ensure that security measures are utilized such as the use of video surveillance, ensure the restriction of hours of deliveries and will require a study focussing on eliminating any potential for light spillage toward the condominiums . NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves the Planned Development District 5 . 0667 PD- 232 , subject to those conditions set forth in the attached Exhibit A (as on file in the Office of the City Clerk) , which are to be ' satisfied prior to the issuance of certificates of occupancy unless otherwise specified, and hereby certifies the Negative Declaration (Exhibit A of the CEQA Resolution) and the Mitigation Monitoring Program, as set forth in the attached Exhibit A (as on File in the Office of the City Clerk) . ADOPTED this 7th day of September 1994 . AYES : Members Hodges, Lyons, Kleindienst, Reller-Spurgin and Mayor Maryanov NOES : None ABSENT: None ATTEST: CITY OF PALM SPRIN CALIFORNIA City Clerk y Manager REVIEWED AND APPROVED RESOLUTION NO. 18463 EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5 . 0667-PD-232 SEPTEMBER 7, 1994 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. ENGINEERING: CIRCULATION STUDY 1 . The developer shall prepare a circulation and access study focused on the Post Office . The study will identify any improvements necessary to ensure acceptable access to the Post Office for. patrons . The study will be reviewed and approved by the City and the Postal Service . Any improvements shall be the responsibility of the project proponents and shall be carried out during Phase I construction. PHASE I TRAFFIC SIGNALS ' 2 . The developer shall provide for the future installation of traffic signals, associated loop detectors and equipment when traffic: warrants are met by (a) providing an easement for installation and maintenance of said loops, (b) not vacating that portion of the street where loop detectors will be installed, or (c) other mitigation measure acceptable to the City Engineer at the following intersections : Indian Canyon Drive North @ Andreas Road Amado Road @ Calle Encilia Amado Road @ Calle E1 Segundo Calle E1 Segundo @ Andreas Road 2a. The developer shall relocate appurtenant structures, as required by the City Engineer, relating to and including the pedestrian signal at the intersection of Indian Canyon Drive North and Andreas Road. AMADO ROAD ' 3 . 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 . 4 . All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. / /)33 Res 18463 Pg 7 L/ ANDREAS ROAD 5 . The developer shall process the vacation of ANDREAS ROAD as determined from Item # 1 above from INDIAN CANYON DRIVE NORTH to CALLE EL SEGUNDO. Developer shall be responsible for final resolution of all utilities, demolition of all existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans . 6 . Dedicate an easement for all existing and proposed sewer and public utility purposes with right of ingress and egress over the vacated area of the private streets . 7 . All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. 8 . 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 . CALLE ENCILIA 9 . The developer shall process the vacation of CALLE ENCILIA as determined from Item # 1 above from TAHQUITZ CANYON WAY EAST to AMADO ROAD. Developer shall be responsible for final resolution of all utilities, demolition of all ' existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans . 10 . All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. 11 . Dedicate an easement for sewer and public utility purposes with right of ingress and egress over the entire vacated area of the private streets . 12 . 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 . CALLE EL SEGUNDO 13 . 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 . 14 . The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches . 15 . All driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 (minimum radius = 15 feet) and have minimum widths of 32 feet . Res 18463 Pg 8 16 . All broken or off grade CURB, GUTTER., AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ON-SITE 17 . The minimum pavement section I-or all on-site streets/parking areas shall be a minimum of 2 1/2 inch ' asphalt concrete pavement over 4 inch Class II aggregate base with a minimum subgrade of 24 inches at 956 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 . 18 . The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306 . 00 . 19 . Connect all sanitary facilities to the City sewer system. GENERAL 20 . If existing lots or parcels are to be combined for the gaming facility site area, the developer shall submit a Lot Line Adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before any grading or building permits will be issued. If existing parcels are to be divided or combined, including the, Prairie Schooner site, the procedure shall ' be in compliance with the State of California Subdivision map Act, Section 6640�0 et . seq. 21 . The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all lots created therefrom shall be submitted to the Engineering Division. 22 . Submit a Fine Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for plan check. The Fine Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits . 23 . 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 . 24 . Any utility cuts in the existing pavement made by this development shall receive trench replacement pavement to match existing pavement plus I additional inch. Pavement shall be restored to a smooth rideable surface . 25 . All existing and proposed utility line;s on/or adjacent to ' this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division 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 . Res 18463 Pg All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 26 . All existing utilities shall be shown on the grading plans . The existing and proposed service laterals shall be shown from the main line to the property line . The approved original grading plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the Certificate of Occupancy. 27 . The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date . 28 . The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure . 29 . The project is subject to flood control and drainage implementation fees . The acreage drainage fee at the present time is $ 9, 212 . 00 per acre per Resolution No. 15189 . Fees shall be paid prior to issuance of a building permit . 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 . The total cash bond for this development is $5, 000 . 00 . 31 . Nothing shall be constructed or planted in the corner cut-off area of street intersection or driveway which does or will exceed three (3) feet in height in order to maintain an appropriate sight distance. 32 . A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33 . All tree wells 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 . TRAFFIC 34 . The developer shall provide a minimum of 48 inches of sidewalk clearance around one side of all street furniture 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 AMADO ROAD, CALLE ENCILIA, ANDREAS ROAD, and CALLE EL SEGUNDO frontages of the subject property. 35 . The developer shall replace all damaged or destroyed pavement legends and striping and provide any new striping that is required by the City Engineer on the AMADO ROAD, ANDREAS ROAD, CALLE ENCILIA AND CALLE EL Res 18463 Pg 10 SEGUNDO frontages prior to issuance of a Certificate of Occupancy. 36 . 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 : All parking lot egresses to public streets and interior ' travel ways Amado Road and Calle Encilia Amado Road and Calls E1 Segundo 37 . 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 1991, or subsequent additions in force at the time of Construction. 38 . This property is subject to the Transportation Uniform Mitigation Fee based On the INDOOR RECREATIONAL FACILITY ITE Code A land use or an equivalent fee pursuant to an agreement negotiated with the Coachella Valley Association of Governments (CVAG) and the Tribal Council . 39 . The developer shall coordinate the Grand Opening and all other special events with the Palm Springs Special Events Committee and the Palm Springs Police Department . PHASE 2 , GENERAL 40 . The developer shall, construct drainage facilities (Lateral 15A) according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee previously paid in Phase I or otherwise due or in the event such cost exceeds the fee, the City will enter into a reimbursement agreement with the developer to reimburse him for such excess costs from drainage fees collected from other development . The acreage drainage fee at the present time is $ 9, 212 . 00 per acre per Resolution No. 15189 . This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit . PLANNING: 41 . 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 except as modified herein.. 42 . The final development plans shall be submitted in 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 (landscape plans; shall be approved by the Riverside County Agricultural Commissioner' s I 1 �� Res 18463 Pg 11 Office prior to submittal) , irrigation plans, exterior lighting plans, parking management program, a detailed sign program (to be approved by the Planning Commission) , 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 . 43 . The final development plans shall include design details of the pedestrian link along Andreas Road to extend from Indian Canyon Drive to Calle E1 Segundo. Such plans shall indicate the use of decorative paving, lighting and landscaping and shall be coordinated with the Downtown Design Guidelines . Additionally, decorative paving, landscaping and light fixtures shall be extended on Calle Encilia from Andreas Road to Tahquitz Canyon Way. The City Council encourages the applicant to extend decorative paving to the west side of Indian Canyon Drive to complete the pedestrian connection to downtown. 44 . The final development plans shall include design details showing the usage of decorative paving and crosswalks within the Andreas Road/Calle Encilia intersection. 45 . The final development plans shall include a redesign of the loading and maneuvering area, by utilizing a portion of the Parking Lot B area for additional access . A five foot wide landscape planter should be included along the loading area screening wall . ' 46 . The final development plans shall include a redesign of Parking Lot B, such that the parking spaces are pulled further away from the gaming facility building and additional landscape is added. 47 . The final development plans shall include a redesign of Parking Lot F, such that the drive aisle is reduced to 26 feet and the westerly driveway is designated for exit only. 48 . The final development plans shall include a redesign of the pedestrian access from Parking Lot A to the gaming facility entries, including an increase in the width of the landscape planter along the south side of Parking Lot A to include a pedestrian walkway. 49 . The City Council encourages the applicant to re-evaluate the building details to bring the building back to a pedestrian scale, especially the portions of the building with domes . (This is an advisory recommendation and is not a condition of approval) . 50 . All parking lot and security light fixtures shall be limited to a maximum height of 18 feet; however, upon review of a detailed lighting plan which includes a photometric diagram the City may allow an increase in light fixture height (22 to 24 feet) . 51 . 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 Res 18463 Pg 12 permit . Refer to Chapter 8 . 60 of the Municipal Code for specific requirements . 52 . Pursuant to Fish and Game Code Section 'i111.4 a filing fee of $50 . 00 is required. This project has a de minimis impact on fish and wildlife, and a Certificate: of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not ' be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier' s check payable to Riverside County. 53 . 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 . 54 . All roof mounted mechanical equipment and duct work shall be screened such that it cannot be seen at ground level at a distance of 1325 feet from the building upon which the mechanical equipment or duct work is located. The screening shall be considered as an element of the overall design and should blend with the architectural design of the building. 55 . 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. 56 . All materials on the flat portions of the roof shall be earth tone in color. 57 . Perimeter walls shall be designed, installed and , maintained in compliance with the corner cutback requirements as required in Section 9302 . 00 .D . 58 . The street address numbering/lettering shall not exceed eight inches in height . 59 . The mitigation measures of the environmental assessment shall be adopted as conditions of approval . The applicant shall submit a signed agreement ghat the mitigation measures outlined as part; of the negative declaration will be included in the: plans prior to Planning Commission and City Council consideration of the environmental assessment . 60 . Manufacturer' s cut 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 . 61 . Submit plans for approval for proposed trash and recyclable materials enclosures which comply with City standards prior to issuance building ;permits . 62 . This project shall be subject to Chapters 2 .24 and of the Municipal Code regarding public art. The project shall either provide public art or payment of a fee . The value of the art provided or the fee paid shall be equal to 1/20 (for commercial projects) or 1/40 (for residential projects) of the total building permit valuation. The City Council shall review and consider the proposed fountains as contributions toward the public art requirement during the review of the final ]PD plans . Res 18463 Pg 13 ^ ll 63 . 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 . ' 64 . 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. 65 . One in every eight (8) handicapped parking spaces, but not less than one (1) , shall be served by an eight (8) foot walkway on the right side and shall be designated as "van accessible. " 66 . No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems . 67 . No outside storage of any kind shall be permitted except as per the approved plan. 68 . 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. 69 . 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 . 70 . Loading space facilities shall be provided in accordance with Section 9307 . 00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits . 71 . The project plans shall comply with Section 9306 . 00 of the Zoning Ordinance regarding parking standards . Special attention shall be focussed on compliance with the following parking requirements : landscape islands; and tree wells ; shading percentage; parking lot lighting levels; location of light fixtures; parking stall measurements and striping; designation of compact and handicapped parking spaces, and; curb and pedestrian walkway locations and dimensions . 72 . Prior to the issuance of the certificate of occupancy a ' minimum of 625 parking spaces (or 1 space per 120 gross square feet of building area) in Phase I shall be provided within 300 feet of the property lines of the gaming facility site. Parking may be provided by acquisition of additional properties or construction of a parking structure on the subject property. "Acquisition of additional properties" means either fee title or covenant or lease (leases shall be in a form approved by the Bureau of Indian Affairs) . All parking facilities shall be fully improved pursuant to Section Res 18463 Pg 14 9306 . 00 C.2 of the Zoning Ordinance. Parking facilities located off-site shall either be added to this Planned Development Distract by amendment or other appropriate permits shall be granted and shall be maintained in a legally enforceable manner for the life of the project or replaced with on-site parking or other additional properties . 73 . A detailed parking management program shall be submitted , and approved as part of the final PD prior to the issuance of the certificate of occupancy. The parking management program shall include provisions to provide a minimum of 625 parking spaces (or 1 space per 120 gross square feet of building area) for Phase I and a minimum of 1, 094 parking spaces (or 1 space per 110 gross square feet of building area) for Phase II, on or off-site and shall assure adequate parking at all times, even while parking is dislocated during construction of facilities . Additionally the parking management program shall provide replacement Post Office parking in the amount. of 103 spaces (or actual number of Post Office parking spaces displaced) , shall designate all employee and company vehicle parking areas, shall designate off-site bus parking areas, shall describe on-site bus loading procedures and shall describe the parking study which shall be performed prior to submittal of the final Planned Development District plan approval for Phase II (see mitigation measures #3 and #4 of the Parking section per the attached Mitigation Monitoring Program) . 74 . The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements ' for the City of Palm Springs . A TiDM plan shall be submitted and approved prior to the issuance of certificates of occupancy. Refer to Chapter 8 . 4 of the Palm Springs Municipal Code . 75 . All gaming facility structures along Calle E1 Segundo shall maintain a minimum horizontal setback no less than the measurement of the vertical height of the structures (not including height of architectural features) . POLICE DEPARTMENT: 76 . Developer shall comply with 'Section II of Chapter 8 . 04 of the Palm Springs Municipal Code. FIRE: DEPARTMENT: 77 . The project entry arches shall provide a minimum clearance of 13 ' 6" for emergency fire apparatus . 78 . The project shall provide a minimum 20 foot clear width for emergency vehicles . 79 . The project shall. include areas with red curbs and shall ' be posted "No Parking. " Exact areas to be determined at a later date. Vehicle access gates and locked exterior doors may require Knox access . 80 . A master site plan (8 . 5" x 1111) shall be submitted, after final configuration of parking, vehicular access„ etc . is determined, for location of fire hydrants . Note: existing fire hydrants may be required to be upgraded. 0 / Res 18463 Pg 15 l 7`0 81 . The gaming facility site shall be fenced prior to construction and provided with on site garden hoses for construction fire protection. construction security guards will be required during Phase II construction. 82 . The project shall comply with applicable local, state and national fire codes . 83 . The fountain features, etc. shall not reduce the turning radius for emergency fire apparatus below the minimum Fire Department turning radius of 43 feet . 84 . The project fire flow requirements shall be established by the Fire Department based on the final square footage and type of construction. 85 . Additional Fire Department items may be required as conditions warrant . WASTE DISPOSAL SERVICES : 86 . The location of the trash enclosure is acceptable subject to approved construction details approved by the Building Official consistent with approved City details . BUILDING REQUIREMENTS : 87 . Prior to any construction on-site, all appropriate permits must be secured. 1 Res 18463 Pg 16 MITIGATION MONITORING PROGRAM[ CASE 5.0667 GPA/ZTA/PD-232 SEPTEMBER 7, 1994 California statutory legislation (Public Resources Code, Section 21081.6) requires responsible ' agencies to adopt monitoring programs to ensure that implementation of mitigation treasures contained in Environmental Impact Reports and Environmental Assessments is effectively monitored. This document is designed to ensure that mitigation measures contained in the Environmental Assessment for the Indian gaming facility are properly monitored. Land Use Mitigation Measures: 1. A General Plan Amendment is required to designate the entire project area as Resort Commercial from its current mix of High Density Residential, Resort Commercial, and Central Business District designations. Also, the allowable uses within the Resort Commercial designation must include references to Indian gaming facilities and associated uses. 2. The project proponents shall submit a PDD application covering the 10.3-ache site to be developed as a gaming facility. The application requires the submittal of Preliminary and Final Development Plans and their review by Elie Planning Commission and City Council. Public hearings and findings in accordance with Zoning Ordinance procedures for a PDD will assure that issues associated with land use compatibility and community design will be addressed in detail. This review shall include an evaluation of building , heights, setbacks, proportions or massing, architectural style and details, and landscape architecture treatment (including hardscapes). The review shall also focus on uses, improvements, and circulation of pedestrians along Andreas Road between the Convention Center and downtown. Responsible for Monitoring: The City of Palm Springs. Timing: Currently being carried out with the Planning Commission public hearing held on August 24, 1994, and the City Council public; hearing of September 7, 1994. Date Completed: Mitigation Measure: 3. A Conditional Use Permit shall be required for the relocation of tennis courts to the Prairie Schooner site. The permit shall specify hours of operation from sunrise to 10 p.m. Responsible for Monitoring: The: project applicants and the City of ]Palm Springs, Timing: Prior to submittal for grading permits or other necessary permits for the location of ' tennis courts on the Prairie Schooner site. Date Completed: Res 18463 Pg 17 2 Traffic/Circulation Mitigation Measure: 1. The project applicant shall contribute, on a fair share basis, to improvement of Alejo Road to four lanes between Palm Canyon Drive and Via Miraleste, if the City implements a funding mechanists addressing these improvements within five years of the issuance of an occupancy permit for the second phase of the gaming facility. Responsible for Monitoring: The Tribal Council and the Department of Planning and Building. Timing: Within five years of the issuance of Certificates of Occupancy for Phase II of the project. The Tribal Council shall consider this as part of the upcoming Section 14 Master Plan. Date Completed: Mitigation Measure: 2. The contractor shall ensure that flagmen are used to assist trucks merging into traffic, and that truck trips are limited during the peak commute hours. Responsible for Monitoring: The project's construction manager and the Department of Public Works. Timing: This shall occur for the duration of the project demolition, grading and construction phases. Date Completed: Mitigation Measures: 3. The gaming facility operator shall establish a local shuttle service to and from area hotels, resorts, and other pick-up points. 4. The gaming facility operator shall establish an employee rideshare program. 5. The gaming facility operator shall coordinate with Sun Line Transit Agency to facilitate the use of public transit, and shall consider promotional incentives for such usage. ' Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: These mitigation measures shall be incorporated within the required Transportation Demand Management (TDM) Plan which shall be submitted and approved prior to issuance of Certificates of Occupancy. Res 18463 Pg a8 3 Date Completed: Mitigation Measure: 1 6. The Agua-eetiente-Band The Department of Planning and Building shall evaluate the operation of Andreas Road between Palm Canyon Drive and Indian Canyon Drive once the gaining facility is open and shall make adjustments if necessary. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: During the life of the project and as part of the Section 14 Master Plan. Date Completed: Mitigation Measure: 7. The Agua Caliente Band shall pay for the placement of stop signs at the intersection of Amado Road with Calle Encilia and Calle El Segundo. Responsible for Monitoring: The project applicants and the Department of Public Works. Timing: Prior to the issuance of Certificates of Occupancy. ' Date Completed: Mitigation Measure: 8. Prior to initiation of Phase 11 construction, the project proponent shall prepare a circulation and access study focused on the Post Office. The purpose of this study will be to identify any improvements necessary to ensure acceptable access to the: Post Office for patrons. The study shall be reviewed and approved by the City and the Postal Service. Any needed improvements shall be the responsibility of the project proponents and shall be carried out during Phase I construction. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: As part of the Post Office land acquisition process. Date Completed: Res 18463 Pg 19 4 Air Quality ' ' Mitigation Measures: Short-term (Construction) Emissions 1. The contractor shall ensure that trucks used for hauling excess materials are covered so as to minimize loss of materials, that flagmen are used to assist trucks merging into traffic, and that truck trips are limited during the peak commute hours. 2. A Fugitive Dust (PMIo) Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the Municipal Code and shall included as part of the construction contract specifications prior to the issuance of a grading permit. The Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with the City's Fugitive Dust and Erosion Control Ordinance, which restricts fugitive dust emissions. Measures outlined in the plan shall include, but not be limited to: daily watering of graded areas, washing of equipment tires before leaving the construction site, and use of SCAQMD approved chemical stabilizers or soil binders. 3. Grading shall occur within the framework of approved development plans and shall be concurrent with full-scale site development (i.e., the project site shall not remain in a graded, but unimproved, state for an extended period). ' 4. Construction roads shall be paved as soon as they are created. Paving shall extend from the paved roadway onto the construction area and shall be cleaned at the end of each work day. 5. The contractor shall discontinue construction activities during the first and second stage smog alerts, or when wind gusts exceed or are forecast to exceed 30 miles per hour at the project site. 6. Vegetative ground cover shall be planted as soon as possible on construction sites. Temporary vegetation shall be placed in areas that are to remain bare for an extended period of time. Chemical soil stabilizers may be used on an annual basis in place of the vegetative ground cover. 7. All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained. 8. The contractor shall provide evidence that low emission mobile construction equipment will be used for the project or shall provide evidence that their use was investigated and found to be infeasible for the project. ' 9. The contractor shall employ construction activity management techniques, such as extending the construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between the emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours. 10. The contractor shall utilize existing power sources (i.e., temporary power poles) so as to avoid the use of diesel generators. Res 18463 Pg 20 5 Responsible for Monitoring: The project applicants, the project construction manager and the Department of Planning and Building. Timing: Prior to the submittal for grading permits and for the duration of the demolition, ' grading and construction phases of the project. Date Completed: ]Long-teiin (Operational) Emissions It. The gaming facility operator shall submit a plan that demonstrates conformance with the City's Transportation Demand Management Ordinance. Subsequent to review and approval by City staff, all measures included in the plan shall he implemented as part of gaming facility operation. 12. The gaming facility operator shall establish a local shuttle service to and from area hotels, resorts, and other pick-up points. Use of zero emissions or clean burning shuttle vehicles shall be investigated. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: To be approved prior to the issuance of Certificates of Occupancy. ' Date Completed: Noise Mitieation Measures: 1. Noise generating construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., seven days a week. Any extension of construction hours requires that a permit be issued by the City of Palm Springs (City of Palm Springs Noise Ordinance § 11.74.041). 2. All construction vehicles and equipment shall be equipped with properly functioning and maintained muffler systems. 3. All noisy operations such as stockpiling and/or vehicle staging shall be performed as far as reasonably practicable from noise sensitive receptors (e.g., the existing hotels and condominiums). 4. Prior to the issuance of any, demolition, grading or building permit, the project proponent shall submit a construction traffic route plan to the City Engineer for approval. The Plan ' shall demonstrate avoidance of congested roadways, avoidance of sensitive receptors, and minimization of trips and trip length to the extent feasible. 11?`1- 7 Res 18463 Pg 21 6 Responsible for Monitoring: The project applicants, the project construction manager, the Department of Public Works and the Department of Planning and Building. ' Timing: Prior to the submittal of the first permit, during the demolition, grading and construction phases of the project and for the life of the project. Date Completed: Mitigation Measure: 5. Deliveries shall be prohibited between the hours of 8 p.m. and 7 a.m. Responsible for Monitoring: Department of Planning and Building and the operator. Timing: For the life of the project. Date Completed: Mitigation Measure: 6. All traffic sign boards shall be solar powered. ' Responsible for Monitoring: The project applicant and the Department of Public Works. Timing: For the duration of the use of traffic sign boards. Date Completed: Parking Mitigation Measures: 1. The City will process an Administrative Minor Modification(AMM) to reduce the Hilton Hotel's overall requirement to 221 spaces. 2. The City will process an AMM to reduce the Spa Hotel's parking requirement to 225 spaces. Responsible for Monitoring: The Department of Planning and Building. Timing: Prior to demolition and/or closure of existing parking facilities. Date Completed: Mitigation Measure: 3. The 103 Post Office parking spaces to be displaced by the project will be replaced prior to their elimination. This replacement will occur in the immediate vicinity of the Post REs 18463 Pg 22 7 Office. Current efforts to secure this parking are focusing on the vacant lots north of Amado Road between Calle Encilia and Calle El Segundo. The City will provide environmental and planning review of development of this or any other off-site parking lot. ' Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: Prior to the dislocation of any Post Office parking. Date Completed: Mitigation Measure: 4. An analysis of Phase I patronage shall be performed by the gaming operator prior to the initiation of construction plans for Phase II to determine the actual patronage per square foot and patron entrance/exit patterns as well as arrival patterns (type of transportation used). The resulting information shall be utilized to refine Phase 11 parking space requirements. Should an existing or projected shortfall in Phase It parking be identified, Phase I1 plans will be revised to supply the identified additional amount. Responsible for Monitoring: The project applicant and the Department of Planning and Building. Timing: Prior to the submittal for Final Planned Development District plans for Phase II , construction of the project. Date Completed: Visual Aesthetics and Community Design Mitigation Measures: 1. Prior to final "as-built" approval of grading, the a Registered Landscape Architect shall inspect landscape installation for conformance to the requirements of this document and the grading permit; a Registered Landscape Architect shall certify by letter to the City of Palm Springs that landscape installation conforms to these requirements. 2. Landscaping within the parking areas shall be installed as part of Phase I and shall conform to the landscaping requirements of the Zoning Ordinance. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: ' Date Completed: Res 18463 Pg 23 8 l � Mitigation Measure: ' 3. The PDD application, which will cover the entire square block encompassing the gaming facility and the parking structure, requires the submittal of Preliminary and Final Development Plans and their review by the Planning Commission and City Council. Public hearings and findings will assure that issues associated with community design will be addressed in detail. This review shall include an evaluation of building heights, setbacks, proportions or massing, architectural style and details, and landscape architecture treatment (including hardscapes) as they relate, in particular, to the residential condominiums adjacent to the east and northeast. The review shall also focus on uses, improvements, and circulation of pedestrians along Andreas Road between the Convention Center and downtown in an effort to create an enhanced pedestrian environment. Responsible for Monitoring: The project applicants and die Department of Planning and Building. Timing: The Planned Development District application is currently being processed by the Department of Planning and Building. The preliminary PD application was recommended for approval to the City Council on August 24, 1994, and the City Council will hold a public hearing on this project on September 7, 1994. Final development plans shall be submitted and approved prior to the issuance of building permits. ' Date Completed: Geology/Soils Mitigation Measures: i. Structures shall be designed according to current structural standards for seismically active areas. While the Tribe is not required to do so, the project shall comply with all applicable requirement of the Uniform Building Code. 2. Permanent structures to be constructed on the proposed site shall be designed by a qualified professional who is aware of the project's seismic setting. A geotechnical engineer shall be retained to provide input for foundation design. 3. Recompacted soil mats shall be constructed beneath all foundations and slabs-on-grade to decrease the potential for consolidation and to provide a more uniform and firm bearing support for the proposed structures. Responsible for Monitoring: The project applicants, the Department of Public Works and the Department of Planning and Zoning. ' Timing: hi conjunction with the submittal for building permits. Date Completed: Res 18463 Pg 24 9 Water Quality Mitigation Measure: ' 1. The Agua Caliente Band will submit a Notice of Intent for Constriction Activities to the U.S. Environmental Protection Agency at least two days prior to the commencement of construction (as described above in 4.7.1). The Notice of Intent will include a Pollution Prevention Control Plan. Responsible for Monitoring: The project applicants, the U.S. E.P.A. and the Department of Public Works. Timing: Prior to the commencement of project construction. Date Completed: Drainage Mitigation Measure: 1. Phase I development shall be subject to flood control and drainage implementation fees. Responsible for Monitoring: The project applicant, the Department of Public Works and the ' Department of Planning and Building. Timing: Prior to the issuance of building permits. Date Completed: Mitigation Measure: 2. Drainage facilities specified for the immediate project vicinity in the approved Master Drainage Plan and designated as ]Lateral 15A shall be constructed in Phase H. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Drainage Plan shall be credited toward the drainage fee previously paid in Phase I ethefWise due or in the event such cost exceeds the fee previously paid edierwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. This condition shall be compiled with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. Responsible for Monitoring: The: project applicant, the Riverside County Flood Control and ' Water Conservation District and the Department of Public Works. Timiina: Prior to the issuance of Certificates of Occupancy for Phase II of the project. Date Completed: Res 18463 Pg 25 10 Mitigation Measure: 3. The Tribe shall fflaintain Et fight of way of Line 15 within Andreas Read and Galle of the Mastef Df:aifflge Plan. The developer shall enter into an agreement with the Riverside County Flood Control and Water Conservation District to establish the terms an conditions covering plan checking, inspection and acceptance of the facilities, Lateral 15A, for operation and maintenance. Responsible for Monitoring: The project applicants, the Riverside County Flood Control and Water Conservation District and the Department of Public Works. Timing: Prior to the issuance of Building Permits for Phase Il. Date Completed: Public Utilities/Services ' Mitigation Measures: Water 1. All on-and off-site water facilities required to serve the proposed project shall be constructed and/or funded by the project applicant(s). The project applicant(s) shall prepare water facility plans for review and approval by the City of Palm Springs and the DWA prior to the approval of building permits Tentative Map appreval. All applicable federal, state and local regulations and operating procedures shall be followed in the design, construction and operation of water facilities for the project. Responsible for Monitoring: The project applicants, the DWA and the Department of Public Works. Timing: Prior to the approval of the Lot Line Adjustment. Date Completed: Sewer ' 2. The project proponent(s) shall submit to the City of Palm Springs for review and approval detailed sewer facility plans prior to approval of building permits final tenta iae-R==ap-approvals. The plans shall identify required on-and off-site improvement types, location, sizing, phasing and explanations as to how the proposed improvements comply with City requirements. 3. The project proponent(s) shall also be required to fund all on and off-site improvements Res 18463 Pg 26 11 required by the project and maintain all on-site facilities. 4. The project proponent(s) shall pay sewer connection fees required to provide sewage ' collection and disposal to the project site. Sewer fees shall be, paid prior to issuance of Permit to Connect. Responsible for Monitoring: The project applicants, the Department of Public Works and the Department of Planning and Building. Timing: Prior to the issuance of Building Permits. Date Completed: Solid Waste Mitigation Measures: 5. The Tribe and the operator of the proposed facilities shall comply with the Solid Waste Management Act of 1989 and the Coachella Valley Associated Governments Integrated Waste Management Plan. 6. The project proponent(s) shall incorporate collection/storage facilities for recyclables for , all non-residential development pursuant to the Zoning Ordinance. 7. The Tribe shall seek proposals for the use of recycled products in the construction of all uses on-site. 8. The project proponent(s) and operators of the proposed facilities shall contract Waste Disposal Services, Inc. or some other waste disposal hauler, to remove green waste from the site upon availability of adequate service to dispose of such waste in other than a municipal landfill. This would help the City comply with the Solid Waste ;Management Act. Responsible for Monitoring: The project applicants, Palm Springs Disposal Services and the Department of Planning and Building. Timing: In conjunction with final PD development plans and for the life of the project. Date Completed: Mitigation Measure: , Schools 9. The City of Palm Springs School District charges a one time school impact fee of $0.27/square foot for commercial facilities. The proposed project site includes 150,000 square feet of commercial area. Utilizing the above methodology to calculate fees the Res 18463 Pg 27 12 proposed development would be required to pay an impact fee of $40,500.00. The Tribal Council of the Agua Caliente Band may, by separate agreement with the Palm ' Springs Unified School District, provide equipment and/or facilities to support education, continuing education and/or job training in-lieu of payment of impact fees. Prior to issuance of building permit an agreement between the Palm Springs School District and the Agua Caliente Band shall be provided to the City. Responsible for Monitoring: The applicants, the Palm Springs Unified School District and the Department of Planning and Building. Timing: Prior to the issuance of Building Permits. Date Completed: Mitigation Measure: Library 10. Funds derived by the City from Casino revenues shall be used to offset increased demands upon library services. Responsible for Monitoring: The City of Palm Springs. ' Timing: For the life of the project. Date Completed: Mitigation Measure: Socioeconomics Mitigation Measure: 1. The potential increase in demand for low-income housing will be mitigated through the use of City proceeds generated by the gaming facility and aligned activities, as well as existing housing funds. Responsible for Monitoring:, The Department of Economic Development. Timing: For the life of the project. Date Completed: ' Mitigation Measures: 2. Caesars, in association with the Agua Caliente Band Tribal Council, shall extend its existing support of non-profit programs dealing with compulsive behaviors and substance abuse to the City of Palm Springs. Res 18463 Pg 28 13 3. Caesars will conduct a study of the impact on social programs, within the Palm Springs area within a twelve months of the opening of the gaining facility. The review should ' consider any damage to the aesthetics of the surrounding area, family disruption caused by gaming losses, and dysfunctional family association as a result of gaming. The study will be submitted to the Agua Caliente Band of Cahuilla Indians Tribal Council and the Palm Springs City Council for review, consideration, and possible action. Problems identified through this study will be addressed through Caesars' existing methods of supporting the above-mentioned non-profit programs. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: Within one year of the opening of the project and for the life of the project. Date Completed: Public Safety Police Mitigation Measures: 1. Prior to the issuance of building permits, an agreement between the City and Caesars ' specifying that Caesars will handle most minor calls in-house will be finalized; 2. The Palm Springs Police Department will train Caesars security personnel in report writing and citizen arrest techniques. Training will be provided on a pay-for-service basis; 3. Caesars will provide complete facility video surveillance including parking lots. Responsible for Monitoring: The project applicants and the City of Palm Springs Police Department. Timid: Prior to the issuance of Building Permits and for the life of the project. Date Completed: Mitigation Measure: 4. Adequate street lighting shall be provided along all street frontages and on A.mado Road, between Calle Encilia and Indian Canyon. Responsible for Monitoring: The project applicants, the Police Department and the Department ' of Planning and Building. Timing: Prior to the issuance of Certificates of Occupancy and for the life of the project. Date Completed: '� Res 18463 Pg 29 14 Tire ' Mitigation Measure: 1. Entry arches shall provide a minimum clearance 13'6" for emergency fire apparatus. 2. Minimum clear width for emergency vehicles to be 20'. 3. Numerous areas to be "red curbed" and posted "No Parking." Exact areas to be determined at a later date. 4. Submit 81/2" x 11" master site plan when final configuration of parking, vehicular access, and other hardscape is determined for location of fire hydrants. Existing fire hydrants may require upgrading. 5. Fire flows for structures shall be provided in accordance with respective construction types. 6. The gaming facility site shall be fenced prior to construction and provided with on site garden hoses for construction fire protection. Depending on construction type, security guards may be required. 7. The gaming facility shall comply with applicable state, local and national fire codes. ' 8. Additional fire protection requirements will be determined during review of final plans and construction documents. Responsible for Monitoring: The project applicant and the City of Palm Springs Fire Department. Timing: In conjunction with submittal for Building Permits. Date Completed: Cultural Resources Mitigation Measure: 1. Archaeological monitors, under the direction of a Society of Professional Archaeologists- certified supervisor, shall be present during initial construction stages of ground disturbance. An agreement between the Tribe, Caesars, and the City shall be in place to guide the evaluation and, if necessary, the data recovery of any significant cultural resources that may be uncovered. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timine: Prior to the issuance of a grading permit and during the initial stages of the site grading and demolition. Res 18463 Pg 30 15 Date Completed: Light and Glare ' Mitigation Measures: 1. A lighting plan shall be included as part of the PDD application and shall comply with lighting regulations of the Zoning Ordinance as well as with the standards set forth in County Ordinance No. 655. The lighting design shall include an additional analysis of potential light spillage to residential condominiums to the east .aud northeast, and to the Hilton Hotel to the south. The lighting plan shall reduce light and glare to these areas by shielding of the light source:, use of vegetation, and placement and height of light standards. The design of proposed buildings should also limit windows and other openings along the east side of the facility or incorporate other treasures to limit light spillage from interior use areas where activities will be conducted 24 hours a day. (See conditions of approval) 2. Light fixtures for exterior use areas bordering Catle El Segundo shall be limited to 18 feet in height pursuant to the Zoning Ordinance. (See conditions of approval) Responsible for Monitoring: The project applicants and the Department of Planning and Building. Tuning: In conjunction with submittal of final PD development plans. ' Date Completed: Mitigation Measure: 3. Tennis court lighting shall be prohibited between the hours of 10:00 pm and sunrise. Responsible for Monitoring: The Department of Planning and Building. Timielg: For the duration of the tennis courts operation. Date Completed: Mitigation Measure: 4. Use of reflective glass on exterior surfaces of the gaining facility should be minimized. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: In conjunction with submittal of final development plans for the PD. Date Completed: