HomeMy WebLinkAbout18596 - RESOLUTIONS - 5/3/1995 RESOLUTION NO. 18596
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT TO
PLANNED DEVELOPMENT DISTRICT NO. 58 SUBJECT TO
CONDITIONS STATED, FOR A SPA ADDITION, HOTEL
' RENOVATIONS AND LANDSCAPING IN A BLOCK BOUNDED
BY E. PALM CANYON DR. , CHEROKEE WAY, SEVEN
LAKES DR. , AND LINDEN WAY, R-G-A (8) AND R--3
ZONES, SECTION 30.
WHEREAS, The Givenchy Spa and Resort Hotel, (the "Applicant") has
filed an application with the City pursuant to Section 9402 . 00 of
the Zoning Code for a Planned Development District Amendment, PDD-
58 , to allow construction of a spa addition, hotel renovations and
landscaping located in a block bounded by E. Palm Canyon Drive,
Cherokee Way, Seven Lakes Drive and Linden Way, R-G-A (8) and R-3
Zones, Section 30; and
WHEREAS, notice of a public hearing of the Planning Commission of
the City of Palm Springs to consider Applicant's application for
Planned Development District Amendment-, PD-58, was given in
accordance with applicable law; and
WHEREAS, on April 26, 1995, a public hearing on the application for
Planned Development District Amendment, PD-58 was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed Planned Development District Amendment, PD-
' 58, 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 Planning Commission 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 Negative Declaration and all written and oral testimony
presented.
WHEREAS, at the conclusion of its public hearing on April 26, 1995,
the Planning Commission adopted Resolution No. , recommending
that the City Council. approve the proposed amendment to Planned
Development District, PD•-58, subject to the findings and conditions
in Resolution No. ; and
WHEREAS, notice of public hearing of the City Council of the City
of Palm Springs to consider the amendment to Planned Development
District, PD-58, was held by the City Council in accordance with
applicable law; 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.
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THE CITY COURC:IL HEREBY FINDS AS FOLLOWS:
section 1: Pursuant to CEQA, the City Council finds as
follows:
The final Mitigated Negative Declaration for Case 5. 927-A-PD
58 (Gene Autry Hotel Dinner Theater) was completed in
compliance with CEQA, the State CEQA Guidelines, and the ,
City's CEQA procedures contained in the City's CEQA
Guidelines. The City Council adopted the Negative Declaration
at its May 3 , 1995 meeting. The City Council has
independently reviewed and considered Case 5. 927-B-PD 58
(Givenchy Spa and Resort) and has determined that since the
project intensity has been significantly reduced and down-
sized from the previously approved planned development
district amendment that there is no substantial evidence that
there will be any significant adverse environmental effects as
a result of the approval of this Project subject to the
attached conditions of approval.
Section 2 •
A mitigation monitoring program was adopted at the May 3, 1995
City Council meeting pursuant to Public Resources Code Section
21081. 6 in order to assure that the Gene Autry Hotel Dinner
Theater project is in compliance with the mitigation measures
during project implementation. However, the Givenchy Spa and
Resort project has been down--sized in where the mitigation
measures identified are no longer applicable since the revised
project has been identified as less intensive and therefore
potential impacts have been reduced.
Section 3 : Pursuant: to Zoning ordinance Section 9402 . 00, the '
City Council finds that:
a. The use applied for at the location. set forth in the
application is properly one for which a Planned Development
District Amendment is authorized by the City Zoning Ordinance.
b. The proposed spa building, hotel renovations and
landscaping complements the resort nature of the City, is in
harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses or to future
uses specifically permitted in the zone in which the proposed
use is to be located.
C. The site for the intended use in adequate in size and
shape to accommotiate 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 the land A the neighborhood.
d. 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.
e. 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.
f. That the mitigation monitoring program adopted for the
Gene Autry Dinner Theater is no longer applicable since the
revised project has been down-sized and significantly reduced
in intensity. Mitigation measures identified in the
mitigation monitoring program included measures to reduce
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Page 3
Ordinance. These measures are no longer applicable or have
been incorporated into the conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby approves the Preliminary and Final Planned
Development District Amendment PD-58, subject to those conditions
set forth in Exhibit A, on file in the City Clerk's office, which
are to be satisfied prior to the issuance of a Certificate of
Occupancy unless other specified.
Section 1: Pursuant to Government Code Section 65863 . 5, the
Planning Commission recommends that the City Clerk,
within 30 days from the Project approval, notify
the County Assessor of said action.
ADOPTED this 3rd day of May , 1995.
AYES: Members Kleindienst, Lyons, reller-Spurgin and Mayor Maryanov
NOES: None
ABSENT: None
ABSTAIN: Member Hodges
ATTEST: CIT OF PALM SPRI , CALIFORNIA
BY L / `-
-/ City Clerk ty—Manal4er
REVIEWED BY ��
RESOLUTION NO.
EXHIBIT A
CASE 5.0927-B-PDD 58
May 3, 1995
Givenchy Spa and Resort
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below
shall be completed to the satisfaction of the City Engineer, the
Director of Planning and Zoning, the Chief of Police, or the Fire
Chief, or their designee, depending on which department recommended
the condition. Any agreements including improvements agreements,
reimbursement agreements, CC&R's shall be reviewed and approved by
the City Attorney.
ENGINEERING:
* Conditions to be Deferred to Covenant
PALM CANYON DRIVE EAST
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. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK
shall be repaired or replaced.
CHEROKEE WAY
3 . Any improvements within the street right-of-way require a City
of Palm Springs Encroachment Permit.
4 . The existing curb and gutter shall remain in place except for
curb cuts necessary for driveway approaches.
*5. Remove the existing substandard ramp for the physically
handicapped at the NORTHWEST corner of the subject property
and reconstruct the ramp in accordance with City of Palm
Springs Standard Drawing No. 212.
*6. Construct a minimum 5 foot wide sidewalk behind the curb from
the north side of the proposed driveway entrance to the new
spa to the handicap ramp at the southeast corner of Cherokee
Way and Seven Lakes Drive in accordance with City of Palm
Springs Standard Drawing No. 210.
7. The developer shall obtain an Encroachment Agreement from the
City Engineer to maintain existing oleander hedge behind the
proposed 5 foot wide sidewalk IF it is in the public right-of-
way along CHEROKEE WAY and shall agree to relocate said hedge
upon the request of the Director of Public Works at such time
as deemed necessary. The Encroachment Agreement shall be
submitted with the Grading Plan. The Grading Permit will not
be issued until completion of the Agreement.
APPROVED BY THE CITY CCU-N`C'�'L
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8. All driveway approaches shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 201. The
driveway widths must conform to the Institute of Traffic
Engineers "Guidelines for Driveway Design and Location" .
9. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK
shall be repaired or replaced.
LINDEN WAY
10. Any improvements within the street right-of-way require a City
of Palm Springs Encroachment Permit.
*11. Construct a minimum 5 foot wide sidewalk behind the curb with
a transition section to meet existing 8 foot wide sidewalk in
accordance with City of Palm Springs Standard Drawing No. 210.
*12. Remove the existing substandard ramp for the physically
handicapped at the NORTHEAST corner of the subject property
and reconstruct the ramp in accordance with City of Palm
Springs Standard Drawing No. 212.
13 . All broken or off grade CURB, GUTTER, AC PAVEMENT AND
SIDEWALKS shall be repaired or replaced.
SEVEN LAKES DRIVE
14. Any improvements within the street right-of-way require a City
of Palm Springs Encroachment Permit.
15. The existing curb and gutter shall remain in place except for
curb cuts necessary for driveway approaches.
*16. Construct a minimum 5 foot wide sidewalk behind the curb along
the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
17. All broken or off grade CURB, GUTTER, AC PAVEMENT, AND
SIDEWALK shall be repaired or replaced.
ON-SITE
18. The minimum pavement section for all on-site 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 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.
19. The on-site parking lot shall be constructed in accordance
with City of Palm Springs Zoning Ordinance, Section 9306.00.
20. Connect all sanitary facilities to the City sewer system.
GENERAL
21. A copy of a Title Report prepared/updated within the past
three (3) months shall be submitted to the City Engineer with
the first submittal of the Lot Line Adjustment.
22. The existing lots or parcels shall be combined. 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.
APPROVED BY THE CITY COUNCIL
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23 . 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.
24 . Any utility cuts in the existing off-site pavement made by
this development shall receive trench replacement pavement to
match existing pavement plus 1 additional inch. Pavement shall
be restored to a smooth rideable surface.
25. 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.
26. The developer shall accept all flows impinging upon his land
and conduct these flows to an approved drainage structure.
Predevelopment Q shall not be exceeded.
27. 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.
28. Nothing shall be constructed or planted in the corner cut-off
area of any street intersection or driveway which does or will
exceed three (3) feet in height in order to maintain an
appropriate sight distance.
29. 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
30. The developer shall provide a minimum of 48 inches of sidewalk
clearance around 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 PALM CANYON DRIVE
EAST, CHEROKEE WAY, LINDEN WAY AND SEVEN LAKES DRIVE frontages
of the subject property.
31. 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 CHEROKEE WAY, LINDEN WAY
AND SEVEN LAKES DRIVE frontages prior to issuance of a
Certificate of Occupancy.
32 . 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:
Cherokee Way @ Spa Entry
Cherokee Way @ South (Service/Delivery) Entry
Linden Way @ North Parking Lot Entry
Linden Way @ Central Parking Lot Entry
Linden Way @ South (Hotel Lobby) Entry
APPROVED BY THE OIl'i� CQESa'e aL
33 . 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.
34. The Engineering Division recommends deferral of off-site
improvement ITEMS 5, 6, 11, 12, and 16 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 Palm Springs Director of Public Works
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.
PLANNING:
35. 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.
36. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any
claim, action, or proceeding against the City of Palm Springs
or its agents, officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its
advisory agencies, or legislative body concerning Case 5.0927-
B. The City of Palm Springs will promptly notify the
permittee of any such claim, action, or proceeding against the
City of Palm Springs and will cooperate fully in the defense.
If the City of Palm Springs fails to promptly notify the
permittee of any such claim, action or proceeding or fails to
cooperate fully in the defense, the permittee shall not,
thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs.
37 . The final detailed development plans shall be submitted to the
Planning Commission and the Director of Planning and Building
for review and approval. 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.
38. Final landscaping, irrigation, exterior lighting, and fencing
plans shall be submitted for approval by the Department of
Planning and Zoning prior to issuance of a building permit.
Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal.
38a. 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 & 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. S�4r
APPROVED BY THE CITY COUNCIL
s/7d
39. An erosion control program shall be submitted in conjunction
with the grading permit. The project shall comply with the
City's Fugitive Dust and Erosion Control Ordinance Chapter
8.50 of the Municipal Code and incorporate erosion control
measures of Chapter 70 of the Uniform.
40. All roof mounted mechanical equipment shall be screened from
all possible vantage points both existing and future 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 building(s) . The
exterior elevations and roof plans of the buildings shall
indicate 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.
41. Separate architectural approval and permits shall be required
for all signs. A detailed sign program shall be submitted for
review and approval by the Planning Commission prior to
issuance of building permits.
42 . The permitted density under Planned Development District No.
58 for the project site is 186 rentable guest rooms. If the
number of guest rooms is proposed to increase above the
permitted 186 rooms, an amendment to PD-58 is required.
Credit towards future fees shall be applied for dwelling
units, sewer fixture units and Transportation Uniform
Mitigation Fee (TUMF) .
43 . 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.
44. All materials on the flat portions of the roof shall be earth
tone in color.
45. Perimeter walls shall be designed, installed and maintained in
compliance with the corner cutback requirements as required in
Section 9302. 00.D.
46. The street address numbering/lettering shall not exceed eight
inches in height.
47. 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.
48. This project shall be subject to Chapters 2 .24 and 3. 37 of the
Municipal Code regarding public art. The project shall either
provide public art or payment of a fee. The provision of art
or the fee shall be based upon the total value of work of 1/2%
(commercial) or 1/4% (residential with first $100, 000 of total
valuation for individual single-family units exempt) . Should
the fee be utilized to locate the public art on the project
site, said location shall be reviewed and approved by the
Director of Planning and Building and the Public Arts
Commission.
49. 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.
APPRO/JVE/D/, BY THE CITY COUNCIL
50. 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.
51. The project shall provide six (6) handicap parking spaces for
to meet Section 9306.00 C of the Zoning Ordinance regarding
the minimum number of handicap parking spaces.
52 . The design, height, texture and color of fences and walls
shall be submitted for review and approval prior to issuance
of building permits.
53. Texture, materials, and colors to be used on the proposed
building(s) , fences and walls shall be submitted for review
and approval prior to issuance of building permits.
54 . No sirens, outside paging or any type of signalization will be
permitted, except approved alarm systems.
55. No outside storage of any kind shall be permitted except as
approved as a part of the proposed plan.
56. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles
shall not be permitted to park off the proposed building site
unless a parking management plan has been approved by the
Director of Planning & Building.
57. 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 frontages) of the project. Said
transformer(s) must be adequately and decoratively screened.
58. 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.
59. 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.
60. Compact and handicapped spaces shall be appropriately marked
per Section 9306.00C 10.
61. 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 # 63 below. Modifications to this condition
may be approved upon review of the final parking area plan.
62 . 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. Modifications to
this condition may be approved upon review of the final
parking area plan.
63. Illumination levels in the parking area shall be an average of
one-foot candle.
Sh'7
APPROVED BY THE CITY COUNCIL
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64. Parking lot light fixtures shall align with stall striping and
shall be located two to three feet from curb face.
65. Parking stalls shall be delineated with a 4 to 6 inch double
stripe - hairpin or elongated "U" design. Individual wheel
stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
66. 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.
67. Tree wells shall be provided within the parking lot and shall
have a planting area of six feet in diameter/width.
68. Standard sized parking spaces shall be 17 feet deep by 9 feet
wide; compact sized spaces shall be 15 feet deep by 8 feet
wide. All parking stall shall be shown on final plans
69. Curbs shall be installed at a minimum of five (5) feet from
face of walls, fences, buildings, or other structures. Areas
that are not part of the maneuvering area shall have curbs
placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
70. All proposed awnings shall be maintained and periodically
cleaned.
71. That full details of the spa addition and hotel renovations be
submitted to the Planning Commission for review and approval
of each phase.
72 . That site and building cross-sections be submitted for
Planning Commission review and approval.
73 . That a color material sample board be submitted for Planning
Commission review and approval.
74. That exterior details and proportions of the proposed north
wing suites be incorporated into the spa addition and hotel
renovations.
75. That window depth, overhangs and sun control details be
incorporated into the building design for sun control.
76. That the service area be screened from view via a solid
masonry wall subject to staff review and approval.
POLICE DEPARTMENT:
77. Developer shall comply with Section II of Chapter 8.04 of the
Palm Springs Municipal Code.
WASTE DISPOSAL SERVICES:
78. The location of the trash enclosure is acceptable subject to
approved construction details approved by the Director of
Building and Safety consistent with approved City details.
BUILDING DEPARTMENT:
79 . Prior to any construction on-site, all appropriate permits
must be secured.
APPROVED BY THE
FIRE DEPARTMENT:
80. All construction sites in excess of 5, 000 square feet of
combustible construction shall be fenced. All construction
sites in excess of 10,000 square feet of non-combustible
construction shall be fenced.
81. Domestic water hoses shall be provided for construction fire
protection.
82. The project shall be provided with Knox access for gates,
guard arms, etc. which may obstruct Fire Department access.
83 . The project shall be provided with additional fire hydrants
and/or upgrading of existing hydrants along with water mains
once the project is finalized. The Fire Department shall be
provided with square footage and type of construction.
84. All buildings in excess of 3 , 000 square feet shall be fire
sprinkled. All buildings within fifteen (15) feet of each
other are considered as one fire area foe sprinkler
requirements.
85. Further comments will be made as conditions warrant and
designs are reviewed.
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APPROVED By TFi� C9�°,`'' :aL