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DATE: JULY 19, 2017 NEW BUSINESS
SUBJECT: EXTENSION OF THE HOTEL INCENTIVE PROGRAM DEADLINE FOR
COMMENCEMENT OF CONSTRUCTION OF THE ORCHID TREE
HOTEL, NORTHWEST CORNER OF BARISTO ROAD AND BELARDO
ROAD, 284 S. CAHUILLA ROAD (DEVELOPER NEW CHURCH II, LLC)
TO RUN CONCURRENT WITH AN APPROVED ENTITLEMENT,
CURRENTLY SET TO EXPIRE NOVEMBER 9, 2018, CLARIFICATION RE
LEVEL OF ASSISTANCE TO BE PROVIDED THROUGH PROGRAM
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
Developer New Church II, LLC has requested an extension of the December 31, 2017
deadline for commencement of construction provided in the City's Hotel Operations
Incentive Program ("Program"). The Program deadline for entitlement was previously
extended for the developer, but for various reasons the hotel project often known as the
Orchid Tree Hotel has not proceeded, and construction will not commence until late 2019.
Without the opportunity to share the adjusted transient occupancy tax revenue identified
in the Program with the City, this project will not proceed.
RECOMMENDATION:
Direct the staff to negotiate with the developer, and return to the Council, no later than
the end of October 2017, with an Operating Covenant forthis project. This covenant would
(i) be considered at a public hearing and recorded against the property if approved by the
Council, consistent with the Program, but also pursuant the City's general and charter
authority, (ii) provide the Project with the highest level of operating assistance available
under the Program, to wit, seventy-five percent (75%)of the adjusted transient occupancy
tax rate, as provided by the Program, payable for thirty (30) years, or until the operator
has been paid fifty million dollars ($50,000,000), whichever event occurs first, and
(iii) require that the project's construction commence by the end of November 2019.
ITEM NO. A
City Council Staff Report
July 19, 2017 -- Page 2
EXTENSION OF HOTEL INCENTIVE PROGRAM, ORCHID TREE HOTEL
STAFF ANALYSIS:
In January 2008, the City Council adopted the Hotel Operations Incentive Program
("Program"), codified in Chapter 5.26 of the Palm Springs Municipal Code. The Program
provided operating assistance in the form of a rebate of adjusted transient occupancy tax
revenue at a level, and for a duration that varied depending upon the nature and size of
any new hotel, and at a fixed level for existing hotels that met program criteria. The
Program has stimulated extensive investment in new and improved hotels. For example,
in 2008 hotel tax revenue to the City was approximately thirteen million dollars
($13,000,000). For the current fiscal year, that revenue has increased to approximately
twenty-nine million dollars ($29,000.000). The Council has extended the program, which
was originally set to expire at the end of December 2012, and extended program
deadlines for projects on a case-by-case basis.
On December 17, 2014, the Council extended the program deadline for entitlement of the
Orchid Tree project until December 31, 2015, but maintained the December 31, 2017
deadline, by which project developer New Church II, LLC had to commence the project's
construction. The City timely approved the project's entitlement, but unanticipated delays
have impacted the project's progress and the commencement of construction. By way of
additional background, it should be noted that the sites that make up the future hotel site
have regrettably fell into significant disrepair prior to the developer's pursuit of this project.
The developer and the City agree that the condition of the sites must be addressed as
soon as possible.
Staff will not recommend an extension of the deadline for construction beyond the life of
this project's existing entitlement. The City must retain control of the project's
development and discretion with respect to the financial commitment of sharing adjusted
transient occupancy tax revenue. The performance schedule submitted by the developer
extends beyond the expiration of that entitlement, and staff anticipates that this
entitlement will necessarily be extended and modified to conform with ongoing
discussions with the developer. Upon reconsideration of the project's entitlement, the City
can and will exercise any control it wishes as to how the project proceeds. The term of
the project's entitlement will only be extended by the City in a controlled exercise of the
City's discretion, none of which is waived at this time.
Without the extension issued in 2014, the project would not have remained eligible for the
Program as the City considered it, and would not have proceeded. In approving this initial
extension to allow the project, the Council considered (i) the project's nature as a "first
class" hotel incorporating the retrofit and renovation of two (2) Class 1 historic sites, (fi)
extensive project and site specific challenges to be addressed, including without limitation
the elimination of severe blight in the Tennis Club Neighborhood and downtown area in
02
City Council Staff Report
July 19, 2017-- Page 3
EXTENSION OF HOTEL INCENTIVE PROGRAM, ORCHID TREE HOTEL
the wake of a substantial fire, (W) the number of new hotel rooms, complemented by
amenities and special features that the new hotel would provide, and (iv) the developer's
cooperation with the City to date (e.g., work with the Historical Preservation Board and
Architectural Advisory Committee, cooperation with neighbors, etc.).
The 2014 extension approved by the Council gave the developer until the end of 2015 to
entitle this project, and the developer successfully did so. On November 18, 2015, the
Planning Commission approved the project, as defined at that time, before the end of
2015, i.e., prior to the extended Program deadline applicable to new hotels. As is
discussed below, the nature of the approved extension represents significant support for
staff's formulation of its recommendation at this time.
On March 9, 2016, the developer secured a second Planning Commission approval for
the adjacent community church parcel for a separate hotel. Finally, on November 9, 2016,
New Church II, LLC secured the current version of its existing land use entitlement for
this project. The project site is the 3.1 acres located at the northwest corner of Baristo
Road and Belardo Road. This site contemplates the merger of the two (2) properties
owned by New Church II, LLC and Cahuilla Church, LLC, another company owned by
this developer's principal. The assessor's parcel numbers comprising the hotel site are
as follows: 513-151-041, 513-151-042, 513-151-043, 513-151-044, 513-151-037-0, and
513-151-028-2. The staff report supporting this existing entitlement is attached to this staff
report as Attachment 2. This approved entitlement will continue in force and effect for two
(2) years, until November 9, 2018.
Between the Council's initial program deadline extension for this project and the approval
of the pending entitlement, the developer made multiple presentations to the Historic Site
Preservation Board, Architectural Advisory Committee, and the Planning Commission.
The significant number of hearings that proved necessary through almost two (2) years
reflected significantly intensified environmental analysis of this project that ultimately
proved necessary. Staff notes that throughout this process, the developer continued to
be cooperative and responsive.
In securing its November 9, 2016 approval, the developer abandoned the project that it
originally planned, and reimagined the site. This process required engagement of an
entirely new architectural team that better fit the revised concept. Since receiving that
approval for the hotel as designed, New Church Il, LLC has been working to select a
luxury operator that it has stated will elevate the level of hospitality and service at this
hotel to the very highest standards. The developer is nearing the execution of a letter of
intent with its operator of choice, and looks forward to making a formal announcement
once a franchise agreement with that operator is finalized. The developer anticipates that
this process will continue through October 2017.
03
City Council Staff Report
July 19, 2017-- Page 4
EXTENSION OF HOTEL INCENTIVE PROGRAM, ORCHID TREE HOTEL
In order to present complete information to the Council, Staff requested that the developer
submit a realistic performance schedule to which it will adhere in moving forward with this
project. That schedule is attached to this staff report as Attachment 3. As the Council will
note, the developer cannot commit to the commencement of construction until early
November 2019, almost a year to the day after the current entitlement expires.
The developer provides the following context for the performance schedule submitted.
Presuming that creation of formal drawings commences during early August, the
developer will be coordinating the efforts of architects in Brazil, Malibu and Rancho
Mirage. The developer also has three (3) interior designers and consultants, one of whom
may be abroad in Paris, while the others are in Los Angeles and Las Vegas. New Church
II, LLC will also be using two (2) landscape designers, one for softscape and hardscape
and the other for lighting and additional softscape. Coordination among and between
these design professionals will be done "in-house."
The developer's commitment to quality and refinement in the working drawings requires
that they take at least ten (10) months to produce, beginning after the developer has its
franchise agreement with its operator in-hand. The developer is allowing time for the input
of its operator, and the process of proceeding from schematic planning and design
development, and eventually through four (4) months to produce construction drawings.
The developer notes that it has no control over how long City review and approval will
require. The performance schedule assumes what the developer regards as an optimistic
prediction in this regard. Once the City approval of plans is complete, the developer will
go out to formal bid, sending this project to three (3) qualified contractors. New Church II,
LLC is allowing three (3) months for this process, and indicates that it should be able to
break ground within three to four (3-4) months once it has a contractor in place. An
additional matter worthy of note is that the developer anticipates more commission work
on this project arising from design issues.
Staff opines that this project remains a worthwhile addition to the Tennis Club
Neighborhood and downtown area. Further, any action that has the effect of preserving
the status quo would be contrary to the public health, safety and welfare. Thus, this project
is an important one for the City, not only in terms of what it brings, but also in terms of
what it eliminates. This project proposes to take one of the biggest long-standing code
enforcement problems in the City, a problem that the current owner and developer notably
did not create, and provide the City with a hotel that promises to be not only "first class,"
but unique in the market place. The developer seems highly motivated to complete the
project, and provide a significant benefit to the community in accord with staff's
requirements.
DN
City Council Staff Report
July 19, 2017-- Page 5
EXTENSION OF HOTEL INCENTIVE PROGRAM, ORCHID TREE HOTEL
New Church II, LLC says that it will move this important project forward with all possible
haste. When the Planning Commission reviews the developer's eventual application to
extend the term of this approval which it needs to complete the project, the performance
schedule now submitted to the Council will prove helpful. In recommending that the
Council direct staff to secure an operating covenant with the developer, consistent with
the Program and pursuant to the City's general and Charter authority, staff notes that a
condition precedent of the operating covenant remaining valid beyond the expiration of
the current entitlement will be the extension of that entitlement. In other words, control
over this project will be exercised through the entitlement process rather than the
Program. If/when the existing entitlement is extended beyond November 9, 2018, the
operating covenant that will be considered by the Council, if approved, will remain valid.
The City Council has the general and charter authority, in the context of an operating
covenant, to provide any level of assistance that it deems appropriate to a hotel operator.
The Program is just one vehicle that the City can employ in extending assistance.
Given (i)the City's action with respect to this project to date, (ii)the project-specific finding
as to the public welfare recommended by staff, and (iii) the spirit of the Program
considered as a whole, wherein staff cannot reasonably characterize the scope and/or
nature of the project planned as anything but a "new hotel" worthy of the highest level of
assistance possible in the Program, staff urges Council to accept the recommendation
stated above.
ALTERNATIVES:
Reject this approach to an extension of the City's Hotel Operations Incentive Program
deadline for commencement of construction for the Orchid Tree Hotel.
Reject this extension of the City's Hotel Operations Incentive Program deadline for
commencement of construction for the Orchid Tree Hotel under the terms recommended,
but direct staff as to the terms under which the extension would be approved.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The Planning Commission determined that this project was exempt from consideration
under the California Environmental Quality Act on a number of grounds. The extension of
the City's Hotel Incentive Program considered at this time is not a "project" for purposes
of the California Environmental Quality Act (CEQA), as that term is defined by CEQA
guidelines (Guidelines) section 15378. This action is organizational or administrative
activity by the City of Palm Springs in furtherance of its police power, and will not result
in a direct or indirect physical change in the environment, per section 15378(b)(5) of the
Guidelines.
05
City Council Staff Report
July 19, 2017-- Page 6
EXTENSION OF HOTEL INCENTIVE PROGRAM, ORCHID TREE HOTEL
BUSINESS PRINCIPAL DISCLOSURE:
This project consists of two (2) properties that the City required be merged when
approving the existing entitlement in 2016. Each property is owned by a separate LLC —
the community church site being owned by Cahuilla Church, LLC, and the Orchid Tree
Bungalows site being owned by New Church II, LLC. Richard E. Weintraub is a principal
of both LLCs. The latter is the entity that secured its initial entitlement per the incentive
program, and later secured the existing approval.
FISCAL IMPACT:
If the developer secures an extension of its existing entitlement, the operating covenant
proposed will grant the project a rebate of seventy-five percent (75%) of the adjusted
transient occupancy tax revenue for thirty (30) years or until the operator has been paid
fifty million dollars ($50,000,000), whichever event occurs first.
Edward Z. Kotkin, Marcus L. Fuller, MPA, P.E., P.L.
City Attorney Assistant C' Manager
David H. Ready, Esc J ira a,
City Manager Dire for of Community
& Ec mic Development
Attachments:
1. Staff Report re 12.17.14 Extension of Entitlement Deadline
2. Staff Report re 11.9.16 Approval of Project
3. Performance Schedule
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<1FORa City Council Staff Report
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DATE: December 17, 2014 NEW BUSINESS
SUBJECT: EXTENSION OF HOTEL INCENTIVE PROGRAM PARTICIPATION FOR
NEW CHURCH ll, LLC AND 750 LOFTS, LLC FOR THE ORCHID TREE
HOTEL, 261 SOUTH BELARDO ROAD, AND THE 750 LOFTS
PROJECT, 750 NORTH PALM CANYON DRIVE FOR A PERIOD OF
ONE (1) YEAR FOR PROJECT ENTITLEMENT, WITH CONSTRUCTION
COMMENCING NO LATER THAN DECEMBER 31, 2017.
FROM: David H. Ready, Esq., Ph.D., City Manager
BY: Community & Economic Development Department
SUMMARY
In January, 2008, the City Council adopted the Hotel Incentive Program which consisted
of two primary incentive components: 1) the construction of new hotels and, 2) the
renovation and upgrading of existing hotels. The Ordinance was extended in May,
2013, with a deadline for qualifying for participation in the Program December 31, 2014,
both for Qualified Renovation Programs and for New Hotels.
These requests to extend the program are from the developers of the Orchid Tree Hotel
on Belardo Road, Downtown and the 750 Lofts Hotel, located on Palm Canyon in the
core of the Uptown Design District. Both projects are well into the design review
process but have had additional time added to their processing time due to historic
preservation issues and community input, given their sensitive locations. This action
would only extend the eligibility of the two projects to participate in the Hotel Incentive
Program but does not approve any actual agreement or amend the Ordinance.
Covenants documenting the agreements would return at a future meeting for Council
approval once the projects are completed with the entitlement process.
RECOMMENDATION:
1. Approve eligibility for participation in the Hotel Incentive Program by New Church
Il, LLC for the Orchid Tree Inn & Spa, located at 261 South Belardo Road for a
period of one year, extending the deadline for project entitlement until December
ITEM NO.b
08
Hotel Incentive Program Eligibility
December 17, 2014
Page 2
31, 2015; the deadline for commencing construction remains on December 31,
2017; and
2. Approve eligibility for participation in the Hotel Incentive Program by 750 Lofts,
LLC for the 750 Lofts hotel project, located at 750 North Palm Canyon Drive for a
period of one year, extending the deadline for project entitlement until December
31, 2015; the deadline for commencing construction remains on December 31,
2017.
BACKGROUND:
In January, 2008, the City Council adopted the Hotel Incentive Program which consisted
of two primary incentive components: 1) the construction of new hotels and, 2) the
renovation and upgrading of existing hotels. Generally, the program provided for up to
a rebate of a portion of TOT to developers of new hotels for prescribed periods of time,
based on the quality of the hotel. For those hotels undergoing renovation, the City
would keep the historical "base" TOT and share a portion of the TOT above the base.
The 2008 Hotel Incentive Program originally expired at the end of December 2012,
having stimulated an incredible renovation of more than 1,600 Palm Springs hotel
rooms and generating in excess of a $180 million investment in the renovation and
upgrading of hotel properties throughout the City. The exception was the category of
new first class hotels: that class of hotels will expire at the end of 2013.
In September 2012, prior to the original expiration date, Staff asked Council to allow it to
negotiate one-on-one Hotel Incentive Agreements with developers of hotel properties
based on a number of factors: (1) the need for the particular hotel product in the City's
inventory; (2) the demonstrated financial need for the incentive by the Developer; and
(3)the public benefit provided through the development or redevelopment of the hotel.
As Section 5.26.010 ["Purpose"], subdivision (c) of the Hotel Operations Incentive
Program states:
"(c) It is in the best interest of the City of Palm Springs to induce and encourage
the, operation, and maintenance of hotel facilities that would not otherwise exist,
thereby creating new sources of tax revenues for the city's general fund which
supports the public services that the city provides its residents."
In May, 2013, the City Council extended the Program, establishing the following new
deadlines:
"Qualified renovation program" means a property improvement program
undertaken by an existing hotel which invests no less than fifteen thousand
dollars per room, or invests no less than one million dollars in ancillary non-hotel
room facilities and/or space. The properly improvement program shall be
comprehensively executed in a single renovation project on the property and be
09
Hotel Incentive Program Eligibility
December 17, 2014
Page 3
under construction no later than December 31 , 2014 and completed no later than
December 31, 2015.
"New hotel," "first class new hotel," and "comfort new hotel" means a hotel
or first class hotel or comfort hotel that is or was fully entitled as a hotel after
January 1, 2008, but before December 31, 2014 and which is under construction
prior to December 31, 2017. The term "new hotel" does not include all, or any
portion of, or addition to, an existing hotel.
But for the deadlines noted above, these two hotel projects would be eligible to
participate in the City's Hotel Incentive Program. Both the Orchid Tree and 750 Lofts
projects fit the legislative intent of the Ordinance. One project represents both a
new hotel and the retrofit and renovation of two Class 1 historic sites, and the other
project proposes a high quality designed small hotel located in a historic district and an
opportunity to redevelop obsolete properties in the Uptown Design District.
Orchid Tree Inn & Spa
The Orchid Tree Inn & Spa Project proposes the renovation and adaptive reuse of the
Orchid Tree Inn "Bungalow Court Cottages" on West Baristo Road and the historic
Community Church at South Cahuilla Rd. Both the Church and Bungalows are Class 1
historic sites. The Project proposal also includes a new hotel complex of approximately
80 rooms; a restaurant; a banquet and meeting facility; a bar and lounge; a spa; and,
the use of underground and above-ground on-site parking.
The applicant for the Orchid Tree Project, New Church 11, LLC, filed its application as a
Project with the City on June 10, 2014. However, the Developer began working with the
City on a number of general plan and community participation challenges several
months earlier.
• On May 11th the Developer presented again to the Historic Preservation Board
where they received positive feedback on their design.
• Although they received positive feedback when presenting to HPSB in May, on
October 14`h when they officially presented to the Historic Preservation Board
they received a lengthy list of comments and requested changes.
• On November 18th the Developer presented again to HPSB after redesigning the
main hotel building to better suit the HSPB's concerns. The HSPB members
were satisfied with the direction of the project but still had some requests which
the developer is now working to incorporate into the project design.
• The Project was scheduled to return before the Historic Site Preservation Board
(HSPB) on December 9, 2014.
1. 0
Hotel Incentive Program Eligibility
December 17, 2014
Page 4
Besides the natural difficulty of redeveloping an older hotel in an established neighborhood, the
Developer is trying to satisfy the community's desire to save the historic church. The
project would combine the restoration and reuse of two historic resources while
facilitating the revitalization of a blighted area in the Tennis Club neighborhood. The
Project will incur costs beyond a normal hotel development, due to the Community
Church retrofit alone because of its substantial damage in a fire in September 2013.
Although they have been advised by multiple structural engineers that it would be more
economical to demolish the church and rebuild dueto its structural issues, it is something
they do not want to do. As a result, the Developer would spend approximately $2.5
million to preserve the church to a state that is safe for it to be located on the property of
an operating hotel.
In addition to trying to maintain our damaged historic structure, they have also worked
with the community to develop a project that is appealing to the neighbors as well as
financially possible for the operator. The Developer is working with their architects to
design a first class hotel and is now "costing out" the revisions that have been
requested by the neighbors — such as putting in over half of the parking underground,
which will cost over$1 million.
The Project in the entitlement process today represents the best opportunity to gel this
challenging property redeveloped in a first class manner. The Ordinance deadline risks
the loss of this Project and all that it brings to the Tennis Club Neighborhood and the
Downtown area. Without the Hotel Incentive Program it is likely the property could
remain vacant and blighted another decade or more.
750 Lofts
The project is located in a fully developed part of the city in the Uptown D e s i g n
District. It is bounded roughly by North Palm Canyon Drive on the west, East Granvia
Valmonte on the south, North Indian Canyon Drive on the east and Tamarisk Road on
the north. The site is currently developed with a building that previously was
occupied by the Security Pacific National Bank, but has been vacant for several years.
The proposed 750 Lofts hotel project is a mixed use development comprised of a
new four-story structure with commercial/retail space on the first floor fronting Palm
Canyon Drive, a restaurant on the first floor fronting Indian Canyon Drive and parking
at grade for 62 new off-street parking spaces and trash rooms. At the second level is
proposed a spa for hotel guests and 38 new hotel rooms and eight (8) 2-story loft units.
The fourth floor is a sun deck, pool, bar, toilets and support spaces. An existing two
story commercial (bank) building and surface parking lot built in the eighties is proposed to
be demolished to redevelop the site.
In addition to the lot merger, the project is proposed to be connected by a north-south
pedestrian walkway to the existing Alcazar Hotel which is immediately south of the
subject site. The Alcazar has 33 existing hotel rooms and 34 existing parking spaces.
An east-west pedestrian passageway linked to a mid-block cross walk at Indian
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Hotel Incentive Program Eligibility
December 17, 2014
Page 5
Canyon Drive is proposed to encourage pedestrian connectivity between Palm
Canyon and the neighborhoods and hotels to the east of the site.
The spa on the second floor is proposed for hotel guests only and the fourth floor bar is
proposed to be open to the public.
j The proposed project is located within the Las Palmas Business Historic District
(LPBHD). Pursuant to Municipal Code Section 8.05.185, persons wishing to initiate
j new construction within a historic district must submit an application for approval to the
Historic Site Preservation Board (HSPB). The required historic site review, as well as
the neighborhood meeting process, has created some additional timing issues in the
approval of the project. In terms of the elements of the entitlement application, the
proposed project is comprised of the following:
• A preliminary PDD in lieu of a change of zone to change the underlying zoning
from C-1/R-3/PDD 104 to PDD 374 and seek relief from the development
standards of those zones and the high-rise ordinance;
• A General Plan Amendment (GPA) to change the general plan land use
designation from Neighborhood Community Commercial (NCC) to Mixed-
Use//Multi-use Uptown(0.5 FAR, 15du/ac, 30 du/sc w/PDD);
• A Conditional Use Permit(CUP)to engage the High-Rise Ordinance; and
• A lot merger of the subject parcel with the parcels on which the Alcazar Hotel
are sited for purposes of establishing a Floor area ratio (FAR) for the
resultant lot that conforms to the General Plan.
So far, after a significant redesign of an earlier plan, the project has been very well
received through the reviewing bodies and through the neighborhood. The major
project milestones so far have been:
• Submittal of PDD Application occurred on 7.16.14 and 8.13.14.
• Neighborhood Meeting was held on 9.1.14.
• AAC Approval of the PDD (6-0 Vote)occurred on 10.6.14.
• On October 14, 2014, HSPB reviewed the proposed development against the
factors outlined in PSMC Section 8.05.190 and the LPBHD Conceptual Design
Guidelines for New Commercial Construction R Major Remodels (11-5-1985) and
approved conceptual PDD (6-1 Vote).
• Major Architectural Application Submittal. Major Architectural Application was
submitted on 11-10-14 and Final Planned Development Application will be
submitted at a later date. Color, materials, specific landscape material and plant
12
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Hotel Incentive Program Eligibility
December 17, 2014
Page 6 j
selections still to be reviewed. The Developer is awaiting hearings to be
scheduled with AAC and HSPB; the application also needs to go to Planning
Commission, and the schedule begins to run into the holiday schedule for staff
review and for meeting dates.
• The Developer anticipated the proposed Preliminary PDD to be final and CD's for
plan check by 1.15.15, just beyond the December 31, 2014 deadline.
The action before Council is merely to establish that, pursuant to Section 5.26.010 (c)
("Purpose"), that it is in the best interests of the City to find and declare that, based on the
importance of the two projects within their neighborhoods or districts, and based on the
! significant design work and review already undertaken on the respective projects, that the
City Council would find and declare the two projects to remain eligible for participation in the
Hotel Incentive Program for a period of one year, extending the deadline for entitlement
until December 31, 2015, but not extending the deadline for the commencement of
construction, which remains on December 31, 2017.
Furthermore, neither action makes any findings regarding either project's approval or
entitlement status, and neither project is deemed "approved' under the Zoning Code or under
the Hotel Incentive Program by this action. If completed through the entitlement stage, each
Hotel Operations Covenant would require approval at a noticed public hearing by the City
Council at a future date.
David H. Ready, Esq., h.D. JoLnS. y Director
City Manager Conity & Economic Development
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c41soa PLANNING COMMISSION STAFF REPORT
DATE: November 9, 2016 PUBLIC HEARING
SUBJECT: NEW CHURCH II, LLC FOR MODIFICATIONS TO AN APPROVED
MAJOR ARCHITECTURAL APPLICATION AND CONDITIONAL USE
PERMIT TO RENOVATE THE EXISTING HISTORIC COMMUNITY
CHURCH AND ORCHID TREE INN FOR ADAPTIVE RE-USE, AND
DEMOLISHING PORTIONS OF THE SITE FOR THE CONSTRUCTION
AND OPERATION OF A HOTEL WITH ACCESSORY SPA,
RESTAURANT AND MEETING SPACE ON A 3.1-ACRE SITE LOCATED
AT 222 S. CAHUILLA ROAD, ZONE R-3, SECTION 15 (CASE 5.1345
CUP, HSPB 23, HSPB 72 & 3.0678 MAJ).
FROM: Department of Planning Services
SUMMARY
The Planning Commission will review revisions to the previously approved applications
for the repurposing of two Class 1 historic sites, the demolition of Class 3 historic
structures and the construction of new hotel buildings, for the operation of a hotel with
accessory commercial uses on a 3.1-acre site located at the northwest comer of Baristo
Road and Belardo Road.
RECOMMENDATION:
Approve, subject to conditions.
ISSUES:
• Downtown Urban Design Plan provides guidance for development downtown,
including a "view corridor' through the project site.
• Most of the off-street parking is proposed as tandem parking, which is prohibited
(unless approved by Planning Director) pursuant to Section 93.06.00(C)(11).
Bay parking includes tandem vehicle maneuvering along Belardo Road.
• Applicant must merge the properties.
• Final number of hotel rooms to be determined based on previously approved
operations at the site (current research suggests 47 rooms) and the 12 rooms
permitted for the Community Church site, for a total of 59 rooms. The applicant
believes additional rooms had been allocated on the properties.
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Planning Commission Staff Report
November 9,2016—Page 2
Case Nos.5.1345 CUP,3.0676 MAJ,HSPB 23&HSPB 72—Cahuilla Church,LLC
BACKGROUND AND SETTING:
Most Recent Change of Ownership
Feb. 2010 Cahuilla Church, LLC acquired CommunityChurch site.
Mar. 2010 New Church II, LLC acquired Orchid Tree bungalows site and
adjacent properties to the north, which have been collectively
identified as the Orchid Tree Inn.
Plannlnp Areas
Speck Plan None
Design Plan Yes Downtown Urban Design Plan - Appendix A of
__ 2007 Palm Springs General Plan_ _
Overlay Zones) "R. Resort Overlay zone, subject botNe requirements
_ of Section 92.25.00 of the Zoning Code.
Indian Land None
Related Relevant CV Actions by Planning, Fire, Bulldin etc...
Mar. 15, 1989 City Council designated the Community Church property (284 S. Cahuilla
Road) as a Class 1 Historic Site.
Nov. 3, 2010 City Council designated the Orchid Tree Inn bungalows(226 W. Baristo Road)
and stone archway (262 S. Cahuilla Road) as Class 1 historic sites and the
fire-destroyed Craftsman Cottage bungalows (262 S. Cahuilla Road) and
razed Frey Apartment Building (292 S. Belardo Road) as Class 2 historic
sites.
Ocl. 26, 2015 The Architectural Advisory Committee (AAC) recommended approval of a
proposal to restore the Orchid Tree bungalows and construct seven hotel
buildings on the 2.13-acre site to operate a 47-room hotel ("Orchid Tree
Hotel").
Nov. 10, 2015 The Historic Site Preservation Board (HSPB) issued a certificate of approval
for the proposed Orchid Tree Hotel project.
Nov. 18, 2015 The Planning Commission approved the Orchid Tree Hotel project.
Feb. 16, 2016 The AAC tabled a proposal to restore the Community Church as a 12-room
hotel with accessory restaurant and spa ("Community Church Hotel").
Mar. 7, 2016 The AAC recommended approval of the Community Church Hotel.
Mar. 8, 2016 The HSPB issued a oertificate of approval for the Community Church'Hotel
project.
Mar. 9, 2016 The Planning Commission approved the Community Church Hotel.
Oct. 3, 2016 The AAC reviewed the subject project, which combines and incorporates
revisions to both the Orchid Tree Hotel and Community Church Hotel projects,
and recommended approval as proposed.
Field Check
Feb. 2016 Staff visited the site to observe existing conditions
� J
Planning Commission Staff Report
November 9,2016—Page 3
Case Nos. 5.1345 CUP,3,0678 MAJ, HSPB 23& RSPB 72—Cahuilla Church, LLC
Surrounding Existing Land Use Existing General Existing Zoning
Pro ert Plan Designation Designation
Subject Property Historic Community Church, SH(Small Hotel) R-3 (Multiple-family
Orchid Tree Inn &Vacant and Hotel
North 2-story Apartment Building SH R-3
1-story Hotels
South 2-story Hotel (Del Marcos) SH R-3
Private Club
Parking lot and 1-to 2-story CBD(Central Business CU(Civic Uses)and CBD
East commercial retail (The District) (Central Business District)
Vineyard)
West 1-to 3-story residential SH R-3
77
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Planning Commission Staff Report
November 9,2016—Page 4
Case Nos.5.1345 CUP,3.0678 MAJ, HSPB 23&HSPB 72—Cehuille Church,LLC
PROJECT DESCRIPTION:
Since the initial application for a larger hotel project in 2015, the applicant has submitted
a number of revisions reducing the overall scope and scale of a hotel project at the
subject site in an effort to adaptively re-use the two existing historic sites along with
three adjacent vacant properties. As noted in the background above, the Planning
Commission approved a 47-room hotel project on the Orchid Tree site and three
adjacent properties last November, and a 12-room hotel with accessory commercial
space (restaurant and spa) on the Community Church site this past March. As a
condition of approval, the applicant was required to operate both properties as one.
In addition to the combining the sites, the applicant is now seeking approval to relocate
the twelve rooms and fitness center from the Church site to the Orchid Tree Inn
property, resulting in additional space for accessory commercial uses within the Church
building. The Community Church will contain a larger spa of 3,928 square feet, new
meeting space of 1,894 square feet and a second bar/lounge area of 375-square feet in
the lobby. The restaurant will remain the same size and location, including the same
number of interior and exterior seats, as previously approved. Other space within the
Church building will be utilized as ancillary operations and uses (office, restrooms,
admin., etc.). No additional square footage is proposed to the Community Church
building.
The Orchid Tree Inn site and adjacent properties to the north will now contain all guest
rooms for the project. Additionally, a fitness center is proposed and there will be two
pool areas — one main pool area and a smaller pool centered between the Orchid Tree
bungalows. Changes from the November approval include the addition of a second
story element on two buildings to accommodate the relocated guest rooms and fitness
center.
ANALYSIS:
General Plan
Land Use: The current General Plan Land Use of the project site is Small Hotel, which is
described as follows:
Small Hotel Resort Commercial (15 hotel rooms per net acre; 10
dwelling units per acre). This designation applies to areas with smaller-
scale, boutique type hotels that are typically found in Warm Sands and
Tennis Club neighborhoods. It is intended that the tourist resort character of
these neighborhoods be preserved; as a result, new residential uses or
conversion of small hotels to residential uses are permitted as long as they
comply with the conversion requirements outlined within the City's Zoning
Code. Stand-alone retail and commercial uses are not permitted in this land
use designation. Ancillary commercial uses such as a gift shop associated
with a small hotel use are allowed.
a7
Planning Commission Staff Report
November 9,2016—Page 5
Case Nos.5.1345 CUP,3.0678 MAJ,HSPa 23&HSP13 72—Cahudla Church,LLC
The 2.75-net acre site would be permitted up to 41 hotel rooms under this designation.
The applicant proposes renovating and re-constructing the same number of units as
previously approved for the Orchid Tree and vacant sites, thereby continuing its non-
conforming status of 27 rooms per acre, and constructing the 12 rooms that would be
permitted for the Church site under the Small Hotel designation.
Downtown Urban Design Plan: Appendix A of the 2007 Palm Springs General Plan is
the Downtown Urban Design Plan, which is a workbook that was produced to serve as
design guidelines for future downtown development. Staff notes the following as it relates
to the project:
Building Height:
• The site is located within the Tennis Club District of the Plan, which states "building
heights should be consistent with current heights and zoning restrictions."
• "Building heights should result in a varied skyline. Taller buildings, if properly
designed, will create dramatic view corridors that will add to the vitality of downtown."
• 'Taller buildings (in excess of three stories) should compensate for their height through
the provision of grade level public open space, preservation of views, superior design,
and quality construction."
Orientation & Massing:
• "An east-west orientation of taller buildings will reduce the bulk facing the mountains,
which will help create/preserve view corridors in the downtown area. The east-west
orientation of taller buildings is recommended when appropriate."
• "Building massing should step back above the ground Boor to maintain and protect
public view corridors along streets."
• "Buildings should have variable roof lines."
Architecture &Architectural Detailing
• "It is important that the rich architectural heritage of Palm Springs be protected. The
City urges property owners to preserve, restore and productively use Class i and Class
iI historical buildings whenever practical."
• "New buildings should be sensitive to the architectural styles and detailing of
surrounding buildings while adding to the architectural quality and eclectic nature of
downtown."
The largest building of the new construction is a three-story modem hotel building with
simple rhythmic patterns and textures around all four facades. The L-shaped structure
orients in both north-south and east-west directions with east-west being two-story and the
north-south being three stories. The building steps back from the north property line above
the ground floor and will be setback twenty feet from the easterly property line. The third
floor deck space will be setback further from the street and north property line.
The project incorporates preserving and re-use of historical structures on both Class 1
sites.
. 8
Planning Commission Staff Report
November 9,2016—Page 6
Case Nos,5.1345 CUP,3.0678 MAJ,HSPB 23&HSPB 72—Cahuilla Church,LLC
Zoning
The project site is zoned "R-3" (Multiple-family and Hotel) with an overlay zone of "R"
(Resort).
Permitted Uses:
The proposed hotel use is permitted within the "R-3" zone, pursuant to Section 92.04.01(A)(1)
of the Zoning Code. The accessory commercial uses that are part of the hotel are permitted with
the approval of a Conditional Use Permit.
Development Standards:
R-3 Requirements Proposed Project comply
A. Lot Area 20,000 sq.ft. I Existing(105,145 sq.ft.)B. Lot Dimension
Min.Width 145 feet Existing 265 feet
Min. Depth 150 feet Existing 450 feel —
C. Density 1,000 sq. ft. of net lot area for each 119,000 sq.ft. of M area allows Yes 3 unit of a hotel with surface parking 119 rooms.
Project proposes 64 rooms
D.jBuilding Height Hotels: 30 feet, except as allowed 22-30 feet —
E.-Yard Setbacks
1. General Front of garages / carports shall be Carport column 25 feet from east Yes
Provisions located not less than 25 feet from property line
property line abutting the street from
which such garage has access.
2. Front Yard 26 feet Existing —
3. Side Yards 20 feet from Belardo and Cahuilla West property line: >20 feet Yes
East property line:20 feet
4. Rear Yard Equal to building height Equal to building height Yes
F. Distance 15 feet minimum 15+feet(hotel buildings) —
Between 30 feet minimum for interior court 70+feet(pool area)
Buildings
G.Walls,:Fenees Refers to Section 93.02.00 Walls to be consistent with this Yes
and Landscaping Code requirement
H.Access. Required per to Section 93.05.00 Provided from all streets Yes
1. Off-street 1 space per room for first 50 rooms 64 rooms require 60.5 spaces Yes
Parking' 0.75 space per room exceeding 50
Restaurant: 1 space per 60 sq. ft. of 132 seats require 26 spaces
dining, bar and dancing areas OR 1
space per 5 seats.
Class 1 Historic Sites are exempt from the requirement to provide additional parking for any new use
allowed by the zoning code in which the Class 1 historic structure is located, pursuant to Section
93.06.00(121)(3)(e) of the PS Zoning Code. Notwithstanding this exemption, the applicant Is providing
adequate parking for the proposed uses,as shown in this analysis.
Planning Commission Staff Report
November 9,2016—Page 7
Case Nos.5.1345 CUP,3.0678 MAJ.HSPB 23&HSPB 72—Cahuilla Church, LLC
Public assembly space credited 30 64 rooms x 30 sq.ft. =1,920 sq.
sq. ft, per guest room. Additional ft. permitted without providing
parking required at ratio of 1 space additional parking.
per 30 sq.ft. Proposed: 1,894 sq.ft.
Spa: 1 space per employee 6 employees require 6 spaces
i
Total required: 93 spaces
Totalprovided: 94 s aces
J. Off-street 1 loading space required Loading and trash to occur at Yes
Loading end Trash enclosure required southeast corner of Church bldg.
Trash Areas. with second loading area at
northeast corner of site
Perfortnance Minimum of 45 percent landscape Existing —
Standards open space
REQUIRED FINDINGS:
Architectural Review: Staff evaluated the proposal against the architectural review
guidelines, pursuant to Section 94.04.00 of the Zoning Code, and prepared the following
response:
Guideline: Conform? Staff Evaluation:
1 Does the proposed development provide Yes The project provides amenities common of a resorl hotel with
a desirable environment for its restaurant, event space and recreation areas. The
occupants? renovation of historic structures retains the site charm and
history,while modernizing for a desirable attraction.
2 Is the proposed development compatible Yes The project is compatible with the existing development in the
with the character of adjacent and surrounding areas. Structures of varied heights are located
surrounding developments? within surroundings.
3 Is the proposed development of good Yes The project architecture includes eclectic contemporary-
composirmn,materials,textures,and Spanish design with a variety of materials. Rhythmic textures
colors? and patterns create visual interest on the new structures.
Existing materials on historic structures will be maintained.
4 Site layout,orientation,location of Yes Half of the site layout is pre-existing with historic structures,
structures and relationship to one The northerly half layout will center around a pool area and
another and to open spaces and event space. Building separation is provided. Pedestrian
topography.Definition of pedestrian and and vehicular spaces are clearly defined.
vehicular areas;i.e.,sidewalks as
distinct from parking lot areas
5 Harmonious relationship with existing Yes The proposed land use is consistent with other uses in the
and proposed adjoining developments surroundings and vicinity. The proposal respects the existing
and in the context of the immediate historic structures while integrating a new hotel building and
neighborhood I community,avoiding banquet space.
loth excessive variety and monotonous
repetition,but allowing similarity of style. Proposed land uses and densities generally reflect existing
if warranted developments in the Small Hotel Resort Commercial and
surrounding historic tennis club.
G t)
Planning Commission Staff Report
November 9,2016—Page 8
Case Nos.5.1345 CUP,3.0678 MAJ,HSPB 23&HSPB 72—Cahuilla Church,LLC
6 Maximum height,area,setbacks and Yes The proposed structures are consistent with zoning code
overall mass, as well as parts of any height limitations and setbacks.
structure(buildings,walls,screens,
towers or signs)and effective All rooftop mechanical units will be screened.
concealment of all mechanical
equipment
7 Building design,materials and colors to Yes Building designs incorporate stucco, red brick
be sympathetic with desert surroundings moldin /comice detailing and window awnings.
8 Harmony of materials,colors and Yes Awnings and building overhangs are shown over windows
composition of those elements of a and doors for solar control. Low planter walls, roof variation
structure, including overhangs, roofs, and detailing, and window treatments create a harmony of
and substructures which are visible composition.
simultaneous)
9 Consistency of composition and Yes Proposed building elevations include a variety of building
treatment materials and shapes that are crafted to create a unique
contemporary design.
10 Location and type of planting,with Yes The proposed landscape plans are not available and will
regard for desert climate conditions. return to AAC for review.
Preservation of specimen and landmark
trees upon a site,with proper irrigation to
insure maintenance of all plant materials
Conditional Use Permit. The Planning Commission must make certain findings in
order to approve this Condftional Use Permit pursuant to Section 94.02.00 of the Palm
Springs Zoning Code; those findings are analyzed by staff below:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Pursuant to Section 92.04.01(D)(16) of the Palm Springs Zoning Code (PSZC), the
R-3 zone permits restaurants, provided that they are an integral part of a hotel
containing at least 20 guest rooms, with the approval of a Conditional Use Permit
(CUP). In this case, the restaurant will be integral part of a hotel exceeding 20 guest
rooms, and thus, the project conforms to this finding.
Pursuant to Section 92.04.01(0)(19) of the PSZC, the R-3 zone permits spas as an
accessory use to a hotel with the approval of a CUP, if (1) the facility only serve
hotel guests; (2) the hotel has a minimum of 15 rooms; (3) staff is licensed and
trained in the particular programs provided in accordance with Chapter 5.34 of the
Municipal Code; and (4) such facility shall comply with Chapter 5.34 of the Municipal
Code. The project conforms to these criteria.
b. That the use is necessary .or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general plan, and is not detrimental to existing uses or to future uses
21
Planning Commission Staff Report
November 9,2016—Page 9
Case Nos.5.1345 CUP,3.0678 MAJ,HSPB 23&HSPB 72—Cahuills Church,LLC
specifically permitted in the zone in which the proposed use is to be
located.
The adaptive re-use of these historic properties as a hotel with accessory
commercial uses is necessary and desirable for the progress and development of
the Historic Tennis Club Neighborhood and community at large, and will be
consistent with the 2007 General Plan. The project will create a functional use
within two long-vacant historic properties and be consistent with the city's policy to
encourage and support projects that provide societal benefits, including historic
preservation (General Plan Land Use Element, Policy LU 1.6). All of the existing
historic Orchid Tree bungalows will be retained and contribute to the unique
character of Palm Springs (General Plan Land Use Element, Policy LU 7.6). The
project will also enhance the viability of the proposed hotel use, resulting in
increased transit-occupancy tax for the city. Furthermore, given the re-use will likely
be less intense at times than the previous church use and contained within the
existing floor area, the proposal is not anticipated to be detrimental to existing uses
or future uses specifically permitted in the R-3 zone.
c. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The applicant proposes to renovate existing structures and construct new building$
on the 3.1-acre project site. The new structures will meet current development
standards, such as yards, setbacks, height limits, etc., in order to integrate the
proposed hotel and accessory commercial space with the existing historic structures
and site surroundings. Therefore, the site is adequate in size and shape to
accommodate the proposed uses and will be consistent with those existing or
permitted future uses of land in the neighborhood.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The project site is located adjacent to Baristo Road and Cahuilla Road, and both are
improved for two-way vehicle traffic, which is adequate to accommodate the type
and quantity of traffic expected for the proposed uses. Sidewalk improvements are
required along Cahuilla Road and will enhance pedestrian circulation around the
site.
e. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may- include minor modification of the zone's property
development standards.
�2
Planning Commission Staff Report
November 9,2016—Page 10
Case Nos.5.1345 CUP,3.0678 MAJ,HSPB 23&HSPB 72—Cahuilla Church,LLC
In order to ensure the protection of public health, safety and general welfare, a
number of conditions are proposed and attached to the resolution as Exhibit "A".
CONCLUSION:
The project is consistent with the land use policies of the General Plan and Zoning
Code as conditioned in the draft resolution attached to this report. Staff is able to
recommend findings necessary for approval of the proposed uses. On that basis, staff
is recommending conditional approval of the project.
ENVIRONMENTAL:
The proposed project is exempt from the California Environmental Quality Act (CEQA),
as the proposal meets criteria under CEQA Guideline Sections 15331 (Historic
Resource Restoration/Rehabilitation), 15302 (Replacement or Reconstruction) and
15332 (Infill Development).
The project qualifies for exemption under CEQA Guidelines Section 15331, Historic
Resource Restoration/Rehabilitation, insofar as the bungalows, stone arch and
community church located on the property have been determined to be Class 1
resources of local significance. The rehabilitation and restoration of these structures will
repair, stabilize, rehabilitate, conserve and reconstruct the bungalows, stone arch and
church building on site, in a manner consistent with the Secretary of the Interior's
Standards, as follows:
i. The property will be partially used as it was historically and be given a new use
that maximizes the retention of distinctive materials, features, spaces, and spatial
relationships. The project involves the reuse of the bungalows as hotel units and
adaptive reuse of the church as hotel operations, restaurant and spa uses.
ii. The historic character of the bungalows will be retained and preserved. In this
case, the 10 single story, rectangularly distributed bungalows surrounding a
central pool and courtyard will be preserved. The community church will retain
its historic footprint and preserve open space areas that previously existed on
this portion of the project site.
iii. The property will be recognized as a physical record of its time, place and use,
because the rehabilitation will be undertaken with similar and complementary
materials that are consistent with the original materials and character of the
historic properties.
iv. Distinctive materials, features, finishes, and construction techniques or examples
of craftsmanship that characterize a property will be preserved. The bungalows
will retain hand troweled stucco, roof tile and awnings that characterize the
craftsmanship of the bungalows. The stone arch will be relocated on-site by a
stone specialist, under the supervision of a qualified consultant meeting the
Secretary of Interior's Professional Qualifications Standards in Architectural
History- or Historic Architecture, to ensure its distinctive craftsmanship is
preserved. The church will retain its historical character, including bell-tower and
steeple, orientation to Baristo and Cahuilla Roads, same roof forms/slopes with
� 3
Planning Commission Staff Report
November 9,2016—Page 11
Case Nos.5.1345 CUP,3.0678 MAJ,HSPB 23&HSPB 72—Cahuilia Church,LLC
replaced materials, existing concrete masonry walls, pointed arch door and
window openings, wood doors, steel sash windows and French doors, Gothic
Revival elements (buttresses and decorative stonework) and courtyard facing
west.
v. Deteriorated features of the structures will be repaired or replaced. Where
replaced, the materials, finishes and construction techniques will preserve the
character of the features.
vi. New additions, including the buildings located to the north, will not destroy or
damage or destroy the bungalows, stone arch or church structures. The
placement of the new construction will not affect the spatial relationship of the
bungalows, and the architectural style, material and relationship of the new
construction will be compatible with the bungalows, stone arch and community
church.
vii. The new construction on the site will occur in such a manner that if they were to
be removed, the essential elements of the bungalows — their distribution around
a central pool and courtyard — will not be impacted. Similarly, the essential
elements of the church site with open air courtyard and orientation towards the
streets will not be impacted.
The project qualifies for exemption under CEQA Guidelines Section 15302,
Replacement or Reconstruction, as the newly constructed hotel buildings replace
commercial structures that previously existed on the site. The new construction on the
site represents the replacement of units previously occurring on the property, but
destroyed by fire. Because these units occurred in the past, their reconstruction will not
result in any changes in traffic, noise, air quality emissions or other impacts, since the
number of units and intensity of use will be similar to that previously occurring.
The project qualifies for exemption under CEQA Guidelines Section 15332, Infill
Development, insofar as the project meets the following criteria:
i. The project is generally consistent with the applicable general plan designation
and all applicable general plan policies, including
• Land Use Element — Policy LU1.5: Allow for flexible development standards
provided that the potential benefits and merit of projects can be balanced with
potential impacts.
• Land Use Element — Policy LU7.6: Retain small hotel uses as a part of the
unique character of Palm Springs.
• Land Use Element — Policy LU10.6: Strengthen the unique sense of place
currently present in Downtown by preserving and incorporating cultural and
historic uses.
• Community Design Element — Policy CD27.1: Design new structures in
architectural styles that reflect the City's diversity and creativity yet are
compatible in scale and character with the City's existing buildings and
natural surroundings.
• Community Design Element — Policy CD28:1: Support the preservation of
historically, architecturally, or archaeologically significant structures and sites
as prescribed by the Historic Preservation Ordinance.
G 4
Planning Commission Staff Report
November 9.2016—Page 12
Case Nos.5.1345 CUP,3.0676 MAJ,HSPB 23&HSPB 72—Cahuilla Church, LLC
• Community Design Element — Policy CD28.6: Require that new construction
in designated architectural/historicaVcultural districts complement the existing
historic structures and open space characteristics such that the new
construction does not imitate or copy the style of the historic structures.
• Community Design Element — Policy CD28.7: Encourage developers of sites
containing a significant architectural, historical or cultural structure to
adaptively reuse and expand it, in lieu of demolition and replacement, where
financially feasible.
The project is consistent with the "R-3" zoning designation and regulations as
outlined in this report.
ii. The development occurs within the city limits on a project site of no more than
five acres substantially surrounded by urban uses.
iii. The project site has no value as habitat for endangered, rare or threatened
species.
iv. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
v. The site can be adequately served by all required utilities and public services.
NOTIFICATION:
A public hearing notice was published in the local newspaper and mailed to all property
owners and registered occupants within a 500-foot radius of the subject property. As of
the writing of this report, staff has not received any public correspondence.
David A. Newell Fli n Fagg, AICP
Associate Planner Director of Planning Services
Attachments:
1. Vicinity map
2. Draft resolution with conditions
3. Downtown Urban Design Plan (excerpts)
4. AAC Minutes of October 3, 2016 (excerpt)
5. Planning Commission Minutes of Mar. 9, 2016 and Nov. 18, 2015 (excerpts)
6. Marsh &Associates Letter
7. Chattel, Inc. Memorandum
8. Public Correspondence
9. Plan exhibits
25
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CITY OF PALM SPRINGS
CASE NO: Amendment to 5.1345 CUP, HSPB 23, HSPB 72 and 3.0678 MAJ.
APPLICANT: New Church 11, LLC
ADDRESS: 222 S. Cahuilla Road
7
Attachment 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO CASE NOS. 5.1345 CUP, 3.0678 MAA,
HSPB 23 AND HSPB 72 FOR THE ADAPTIVE RE-USE OF
EXISTING HISTORIC STRUCTURES AND CONSTRUCTION
OF NEW HOTEL BUILDINGS TO OPERATE A 3.1-ACRE SITE
AS A HOTEL WITH RESTAURANT AND SPA USES LOCATED
AT 222 S. CAHUILLA ROAD.
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. New Church 11, LLC submitted applications pursuant to Palm Springs Zoning
Code Section 94.04.00 (Architectural Review, Case 3.0678 MAJ) and Palm Springs
Municipal Code 8.05 (Historic Preservation, Case HSPB 72), to renovate and modify
existing buildings and construct new hotel buildings for the operation of a hotel with no
more than 52-rooms on a 2.13-acre site located at the northwest comer of Baristo Road
and Belardo Road, previously addressed as 220 and 248 South Cahuilla Road, 231
and 261 South Belardo Road, and 226 West Baristo Road, Zone R-3. On November
18, 2015, the Planning Commission approved this request, subject to conditions, by
Resolution No. 6539.
B. Cahuilla Church, LLC submitted applications pursuant to Palm Springs Zoning
Code Section 94.04.00 (Architectural Review, Case 3.3932 MAA), Section 94.02.00
(Conditional Use Permit, Case 5.1345 CUP) and Palm Springs Municipal Code 8.05
(Historic Preservation, Case HSPB 23), to renovate and adaptively re-use the
Community Church site as a 12-room hotel with spa and restaurant uses on the 0.78-
acre site located at 284 S. Cahuilla Road, Zone R-3. On March 9, 2016, the Planning
Commission approved this request, subject to conditions, by Resolution No. 6561.
C. New Church 11, LLC ("Applicant") submitted applications pursuant to Palm
Springs Zoning Code Section 94.04.00 (Architectural Review), Section 94.02.00
(Conditional Use Permit) and Palm Springs Municipal Code 8.05, seeking an
amendment to the aforementioned approvals to combine the properties, relocate the
hotel rooms, reconfigure uses within the project site, renovate historic properties (HSPB
23 and HSPB 72) and demolish and reconstruct hotel buildings to operate a hotel with
restaurant and spa facilities on an overall 3.1-acre site located at 222 South Cahuilla
Road, Zone R-3 ("Amendment" to Case Nos. 5.1345 CUP, 3.0678 MAJ and HSPB 23).
D. On October 3, 2016, the Amendment was reviewed by the Architectural Advisory
Committee, which voted to recommend approval as presented.
E. On November 8, 2016, the Amendment was reviewed by the Historic Site
Preservation Board, which voted to approve the Amendment and issue a certificate of
approval to modify the Class 1 historic sites (HSPB 23 and HSPB 72).
29
Planning Commission Resolution No._ November 9, 2016
Amendment to Cases 5.1345 CUP, 3.66 88 MAJ, HSPB 23 & HSPB 72 Page 2 of 8
F. Notice of a public hearing of the Planning Commission of the City of Palm
Springs, California to consider the Amendment was given in accordance with applicable
law.
G. On November 9, 2016, a public hearing of the Planning Commission of the City
of Palm Springs, California was held in accordance with applicable law.
H. The Planning Commission 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 all written and oral testimony presented.
1. Pursuant to the California Environmental Quality Act (CEQA), the proposed
development has been determined to be a project under the guidelines of CEQA.
I Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the Planning
Commission finds:
The Planning Commission has examined the material submitted with the
architectural approval application and has examined specific aspects of the design
and determined the proposed development will (1) provide desirable environment for
its occupants; (2) is compatible with the character of adjacent and surrounding
developments, and (3) aesthetically it is of good composition, materials, textures
and colors. Planning Commission's evaluation is based on consideration of the
following:
Item Guideline: Conforms? Evaluation:
1 Does the proposed development Yes The project provides amenities common of a
provide a desirable environment for its resort hotel with restaurant, event space and
occupants? recreation areas. The renovation of historic
structures retains the site charm and history,while
modemizing for a desirable attraction.
2 Is the proposed development Yes The project is compatible with the existing
compatible with the character of development in the surrounding areas. Structures
adjacent and surrounding of varied heights are located within surroundings.
developments?
3 Is the proposed development of good Yes The project architecture includes eclectic
composition, materials,textures,and contemporary-Spanish design with a variety of
colors? materials. Rhythmic textures and patterns create
visual interest on the new structures. Existing
materials on historic structures will be maintained.
4 Site layout,orientation,location of Yes Half of the site layout is pre-existing with historic
structures and relationship to one structures. The northerly half layout will center
another and to open spaces and around a pool area and event space. Building
topography. Definition of pedestrian and separation is provided. Pedestrian and vehicular
vehicular areas; i.e.,sidewalks as spaces are clearly defined.
distinct from parking lot areas
J l�
Planning Commission Resolution No._ November 9, 2016
Amendment to Cases 5.1345 CUP, 3.0678 MAJ, HSPB 23&HSPB 72 Page 3 of 8
5 Harmonious relationship with existing Yes The proposed land use is consistent with other
and proposed adjoining developments uses in the surroundings and vicinity. The
and in the context of the immediate proposal respects the existing historic structures
neighborhood I community,avoiding while integrating a new hotel building and banquet
bath excessive variety and monotonous space.
repetition, but allowing similarity of
style,if warranted Proposed land uses and densities generally
reflect existing developments in the Small Hotel
Resort Commercial and surrounding historic
tennis club.
6 Maximum height,area,setbacks and Yes The proposed structures are consistent with
overall mass,as well as parts of any zoning code height limitations and setbacks.
structure(buildings,walls,screens,
towers or signs)and effective All rooftop mechanical units will be screened.
concealment of all mechanical
equipment
7 Building design, materials and colors to Yes Building designs incorporate stucco, red brick
be sympathetic with desert moldinglcomice detailing and window awnings.
surroundings
8 Harmony of materials,colors and Yes Awnings and building overhangs are shown over
composition of those elements of a windows and doors for solar control. Low planter
structure,including overhangs,roofs, walls, roof variation and detailing, and window
and substructures which are visible treatments create a harmony of composition.
simultaneous)
9 Consistency of composition and Yes Proposed building elevations include a variety of
treatment building materials and shapes that are crafted to
create a unique contempora desi n.
10 Location and type of planting,with Yes The proposed landscape plans are not available
regard for desert climate conditions. and will return to AAC for review.
Preservation of specimen and landmark
trees upon a site,With proper irrigation
to insure maintenance of all plant
materials
K. Pursuant to Section 94.02.00 of the Palm Springs Zoning Code, the Planning
Commission finds:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Pursuant to Section 92.04.01(D)(16) of the Palm Springs Zoning Code (PSZC), the
R-3 zone permits restaurants, provided that they are an integral part of a hotel
containing at least 20 guest rooms, with the approval of a Conditional Use Permit
(CUP). In this case, the restaurant will be integral part of a hotel exceeding 20 guest
rooms, and thus, the project conforms to this finding.
31 L
Planning Commission Resolution No._ November 9, 2016
Amendment to Cases 5.1345 CUP, 3.66 88 MAJ, HSPB 23&HSPB 72 Page 4 of 8
Pursuant to Section 92.04.01(D)(19) of the PSZC, the R-3 zone permits spas as an
accessory use to a hotel with the approval of a CUP, if (1) the facility only serve
hotel guests; (2) the hotel has a minimum of 15 rooms; (3) staff is licensed and
trained in the particular programs provided in accordance with Chapter 5.34 of the
Municipal Code; and (4) such facility shall comply with Chapter 5.34 of the Municipal
Code. The project conforms to these criteria.
2) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The adaptive re-use of these historic properties as a hotel with accessory
commercial uses is necessary and desirable for the progress and development of
the Historic Tennis Club Neighborhood and community at large, and will be
consistent with the 2007 General Plan. The project will create a functional use
within two long-vacant historic properties and be consistent with the city's policy to
encourage and support projects that provide societal benefits, including historic
preservation (General Plan Land Use Element, Policy LU 1.6). All of the existing
historic Orchid Tree bungalows will be retained and contribute to the unique
character of Palm Springs (General Plan Land Use Element, Policy LU 7.6). The
project will also enhance the viability of the proposed hotel use, resulting in
increased transit-occupancy tax for the city. Furthermore, given the re-use will likely
be less intense at times than the previous church use and contained within the
existing floor area, the proposal is not anticipated to be detrimental to existing uses
or future uses specifically permitted in the R-3 zone.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The applicant proposes to renovate existing structures and construct new buildings
on the 3.1-acre project site. The new structures will meet current development
standards, such as yards, setbacks, height limits, etc., in order to integrate the
proposed hotel and accessory commercial space with the existing historic structures
and site surroundings. Therefore, the site is adequate in size and shape to
accommodate the proposed uses and will be consistent with those existing or
permitted future uses of land in the neighborhood.
4) That 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.
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Planning Commission Resolution No. November 9, 2016
Amendment to Cases 5.1345 CUP, 3.0678 MAJ, HSPB 23 8 HSPB 72 Page 5 of 8
The project site is located adjacent to Baristo Road and Cahuilla Road, and both are
improved for two-way vehicle traffic, which is adequate to accommodate the type
and quantity of traffic expected for the proposed uses. Sidewalk improvements are
required along Cahuilla Road and will enhance pedestrian circulation around the
site.
5) That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
In order to ensure the protection of public health, safety and general welfare, a
number of conditions are proposed and attached to the resolution as Exhibit"A".
THE PLANNING COMMISSION RESOLVES:
SECTION 1. The Amendment is a project under CEQA and is exempt from further
environmental review. In making this determination, the City finds that:
1. The proposed project is exempt from the California Environmental Quality Act
(CEQA), as the proposal meets criteria under CEQA Guideline Sections 15331
(Historic Resource Restoration/Rehabilitation), 15302 (Replacement or
Reconstruction) and 15332 (Infill Development) as follows:
a. The project qualifies for exemption under CEQA Guidelines Section
15331, Historic Resource Restoration/Rehabilitation, insofar as the
bungalows, stone arch and community church located on the property
have been determined to be Class 1 resources of local significance. The
rehabilitation and restoration of these structures will repair, stabilize,
rehabilitate, conserve and reconstruct the bungalows, stone arch and
church building on site, in a manner consistent with the Secretary of the
Interior's Standards, as follows:
I. The property will be partially used as it was historically and be
given a new use that maximizes the retention of distinctive
materials, features, spaces, and spatial relationships. The project
involves the reuse of the bungalows as hotel units and adaptive
reuse of the church as hotel operations, restaurant and spa uses.
ii. The historic character of the bungalows will be retained and
preserved. In this case, the 10 single story, rectangularly
distributed bungalows surrounding a central pool and courtyard will
be preserved. The community church will retain its historic footprint
and preserve open space areas that previously existed on this
portion of the project site.
Ill. The property will be recognized as a physical record of its time,
place and use, because the rehabilitation will be undertaken with
33
Planning Commission Resolution No. November 9, 2016
Amendment to Cases 5.1345 CUP, 3.0678 MAJ, HSPB 23 8 HSP8 72 Page 6 of 8
similar and complementary materials that are consistent with the
original materials and character of the historic properties.
iv. Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a
property will be preserved. The bungalows will retain hand
troweled stucco, roof tile and awnings that characterize the
craftsmanship of the bungalows. The stone arch will be relocated
on-site by a stone specialist, under the supervision of a qualified
consultant meeting the Secretary of Interior's Professional
Qualifications Standards in Architectural History or Historic
Architecture, to ensure its distinctive craftsmanship is preserved.
The church will retain its historical character, including bell-tower
and steeple, orientation to Baristo and Cahuilla Roads, same roof
forms/slopes with replaced materials, existing concrete masonry
walls, pointed arch door and window openings, wood doors, steel
sash windows and French doors, Gothic Revival elements
(buttresses and decorative stonework) and courtyard facing west.
v. Deteriorated features of the structures will be repaired or replaced.
Where replaced, the materials, finishes and construction
techniques will preserve the character of the features.
vi. New additions, including the buildings located to the north, will not
destroy or damage or destroy the bungalows, stone arch or church
structures. The placement of the new construction will not affect the
spatial relationship of the bungalows, and the architectural style,
material and relationship of the new construction will be compatible
with the bungalows, stone arch and community church.
vii. The new construction on the site will occur in such a manner that if
they were to be removed, the essential elements of the bungalows
— their distribution around a central pool and courtyard —will not be
impacted. Similarly, the essential elements of the church site with
open air courtyard and orientation towards the streets will not be
impacted.
b. The project qualifies for exemption under CEQA Guidelines Section
15302, Replacement or Reconstruction, as the newly constructed hotel
buildings replace commercial structures that previously existed on the site.
The new construction on the site represents the replacement of units
previously occurring on the property, but destroyed by fire. Because these
units occurred in the past, their reconstruction will not result in any
changes in traffic, noise, air quality emissions or other impacts, since the
number of units and intensity of use will be similar to that previously
occurring.
c. The project qualifies for exemption under CEQA Guidelines Section
15332, Infill Development, insofar as the project meets the following
criteria:
i. The project is generally consistent with the applicable general plan
Planning Commission Resolution No._ November 9, 2016
Amendment to Cases 5,1345 CUP, 3.0678 MAJ, HSPB 23&HSPB 72 Page 7 of 8
designation and all applicable general plan policies, including:
• Land Use Element — Policy LU1.5: Allow for flexible
development standards provided that the potential benefits and
merit of projects can be balanced with potential impacts.
• Land Use Element— Policy LU7.6: Retain small hotel uses as a
part of the unique character of Palm Springs.
• Land Use Element — Policy LU10.6: Strengthen the unique
sense of place currently present in Downtown by preserving and
incorporating cultural and historic uses.
• Community Design Element — Policy CD27.1: Design new
structures in architectural styles that reflect the City's diversity
and creativity yet are compatible in scale and character with the
City's existing buildings and natural surroundings.
• Community Design Element — Policy CD28:1: Support the
preservation of historically, architecturally, or archaeologically
significant structures and sites as prescribed by the Historic
Preservation Ordinance.
• Community Design Element — Policy CD28.6: Require that new
construction in designated architectural/historicaVcultural districts
complement the existing historic structures and open space
characteristics such that the new construction does not imitate or
copy the style of the historic structures.
• Community Design Element — Policy CD28.7: Encourage
developers of sites containing a significant architectural,
historical or cultural structure to adaptively reuse and expand it,
in lieu of demolition and replacement, where financially feasible.
The project is consistent with the "R-3" zoning designation and
regulations as outlined in the staff report.
ii. The development occurs within the city limits on a project site of no
more than five acres substantially surrounded by urban uses.
iii. The project site has no value as habitat for endangered, rare or
threatened species.
iv. Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
v. The site can be adequately served by all required utilities and
public services.
SECTION 2. Based upon the foregoing, the Planning Commission hereby approves the
Amendment to Case Nos. 5.1345 CUP, 3.0678 MAJ, HSPB 23 and HSPB 72, for the
rehabilitation of two Class 1 Historic Site and demolition and reconstruction of hotel
buildings on adjacent properties to operate a hotel with accessory spa and restaurant
facilities on a 3.1-acre site located at 284 S. Cahuilla Road, subject to those conditions
set forth in the attached Exhibit A, which are to be satisfied unless otherwise specified.
35
Planning Commission Resolution No. November 9, 2016
Amendment to Cases 5.1345 CUP, 3.0678 MAJ, HSPB 23&HSPB 72 Page 8 of a
ADOPTED this 9th day of November, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Flinn Fagg, AICP
Director of Planning Services
�6
RESOLUTION NO. _
EXHIBIT A
Amendment to Case Nos. 5.1345 CUP, 3.0678 MAJ, HSPB 23 & HSPB 72
New Church II, LLC
Northeast comer of Cahuilla Road and Baristo Road
November 9, 2016
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 Services, the Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
5.1345 CUP, 3.0678 MAJ, HSPB 23 and HSPB 72, except as modified by the
conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped October 19, 2016,
including site plans, architectural elevations, exterior materials and colors,
and grading on file in the Planning Services Department, except as modified
by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning this Amendment to Case Nos. 5.1345 CUP, 3.0678 MAJ,
j�
Resolution No.
Conditions of Approval Page 2 of 21
Amendment to Case Nos.5.1345 CUP, 3.30678 MAJ,HSPB 23&HSPB 72-Orchid Tree Inn November 9,2016
HSPB 23 and HSPB 72. The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of
the matter by the City Attorney. If the City of Palm Springs fails to promptly
notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, Indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Architectural Application (MAJ) shall
be valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
Approval of this Conditional Use Permit shall be valid for a period of two (2)
years from the effective date of the approval. Once constructed, the
Conditional Use Permit, provided the project has remained in compliance with
all conditions of approval, does not have a time limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
38
Resolution No.
Conditions of Approval Page 3 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ, HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 10. Maintenance of Outdoor Seating/Dining. Daily cleaning of sidewalks for any
outdoor seating areas or patios will be required. Contact Parks & Recreation
at 760 323 8281 for information regarding the proper method of cleaning of
sidewalks and pavers within the public rights-of-way.
ADM 11. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on-site.
ADM 12. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to excessive alcohol
consumption, noise, disturbances, signs, etc) regarding the operation of the
establishment; as determined by the Chief of Policy or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
ADM 13. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 14. Seating Count. The applicant shall be limited to the total number of seats as
follows: a maximum of 132 seats for the proposed restaurant, including both
interior and exterior seating. Any deviation from these numbers shall require
an amendment to this CUP. The applicant shall maintain the minimum
clearance as specified by the Fire Department between the front entrance
and the outdoor tables and chairs.
ADM 15. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
ADM 16, Spa Uses subject to PSMC 5.34 (Massage Establishments). The spa uses
approved under the subject CUP must conform to the requirements of the
Palm Springs Municipal Code Section 5.34 (Massage Establishments).
ADM 17. Exterior Modifications. All exterior changes are subject to review and
approval, pursuant to Chapter 8.60 of the Palm Springs Municipal Code.
Resolution No.
Conditions of Approval Page 4 of 21
Amendment to Case Nos.5.1345 CUP, 3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. if lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 3. Review of Additional Materials. Prior to issuance of building permit, the
applicant shall submit the following for review by AAC and HSPB:
a. Submittal of landscape plan and lighting plan for review and approval of
AAC and HSPB, prior to the issuance of a building permit. (Comment:
would like to see variation in the height of the palm trees, taller palm trees
to enhance the architecture).
b. Submittal of revised details for the entry porch on the north fagade of the
building for review and approval of AAC prior to issuance of a building
permit.
c. Submittal of hardscape design.
d. Submittal of garden enclosure design (including block wall material/details,
glazing details, and material/details of gates).
`/ 0
Resolution No.
Conditions of Approval Page 5 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
e. Submittal of details for the infill materials of windows on the 2nd story of
the north and east elevations.
f. Evaluate the relocation of ADA spaces from Baristo frontage to another
acceptable location on site.
PLN 4. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thennal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 7. Screen Roof-mounted Eauipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 11. No off-site Parking. 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.
PLN 12. Final Room Count. Unless otherwise determined by permit records, the total
room count shall be 59 rooms, which includes the previously established
number of rooms (47) for the Orchid Tree portion property and the number of
rooms that would be permitted on the Community Church site.
PLN 13. Land Use Permit reauired for Outdoor events. An outdoor event space is
proposed for which the applicant may host events open to the community. A
land use permit shall be submitted to the Director of Planning that Includes a
41
Resolution No.
Conditlons of Approval Page 6 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23 S HSPB 72—Orchid Tree Inn November 9,2016
parking specific plan demonstrating a satisfactory means of providing parking
for the proposed events (e.g. valet parking, shuttles, etc.).
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section Il of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
BELARDO ROAD
ENG 3. Remove the existing curb and bay parking approach located 28 feet west
of centerline and replace with a 6 inch curb and gutter located 20 feet west
of centerline along the frontage with curb located at 28 feet from centerline
in accordance with City of Palm Springs Standard Drawing No. 200,
ENG 4. Construct driveway approaches to accommodate bay parking stalls along
the Belardo Road frontage in accordance with City of Palm Springs
Standard Drawing No. 201. Bay parking stalls shall be located completely
on-site, behind sidewalk, and not within public right-of-way.
ENG 5. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 6. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws.
An accessible path of travel shall be constructed of Portland cement
concrete, unless alternative materials meeting state and federal
accessibility standards is approved by the City Engineer.
42
Resolution No.
Conditions of Approval Page 7 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72-Orchid Tree Inn November 9,2016
ENG 7. Remove and replace the existing curb ramp at the Northwest corner of
Belardo Road and Baristo Road. Construct a Type A curb ramp meeting
current California State Accessibility standard in accordance with City of
Palm Springs Standard Drawing No. 212.
ENG 8. The minimum pavement section shall be 3 inches of asphalt concrete
pavement over 6 inches of crushed miscellaneous base.
ENG 9. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
BARISTO ROAD
ENG 10. Remove the existing curb and construct driveway approach(es) to
accommodate bay parking stalls along the Baristo Road frontage in
accordance with City of Palm Springs Standard Drawing No. 201. Bay
parking stalls shall be located completely on-site, behind sidewalk, and not
within public right-of-way.
ENG 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 12. Construct a Type A curb ramp meeting current California State
Accessibility standards at the northeast corner of the intersection of
Baristo Road and Cahuilla Road in accordance with City of Palm Springs
Standard Drawing No. 212.
ENG 13. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
CAHUILLA ROAD
ENG 14. Construct a 6 inch curb and gutter 18 feet east of centerline along the
entire frontage, with a 25 feet radius curb return at the northeast corner of
the intersection of Cahuilla Road and Belardo Road in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
ENG 15. Construct driveway approach(es) to accommodate bay parking stalls
along the Cahuilla Road frontage(s) in accordance with City of Palm
Springs Standard Drawing No. 201. Bay parking stalls shall be located
completely on-site, behind sidewalk, and not within public right-of-way.
ENG 16. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
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Resolution No.
Conditions of Approval Page 8021
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
ENG 17. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws.
An accessible path of travel shall be constructed of Portland cement
concrete, unless alternative materials meeting state and federal
accessibility standards is approved by the City Engineer.
ENG 18. Construct pavement with a minimum pavement section of 2 '/2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed gutter to clean sawcut edge of pavement
along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110. (Additional pavement removal and
replacement may be required upon review of existing pavement cross-
sections, and to ensure grade breaks of the pavement cross-section do
not occur within a travel lane.) If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
ENG 19. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 20. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ON-SITE PARKING
ENG 21. Construct driveway approaches to accommodate access to the on-site
bay parking, proposed driveway locations are on Cahuilla Road and
Belardo Road in accordance with City of Palm Springs Standard Drawing
No. 201.
ENG 22. The minimum pavement section for all on-site pavement (drive aisles,
parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4
inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by
a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
SANITARY SEWER
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Resolution No.
Conditions of Approval Page 9 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72--Orchid Tree Inn November 9,2016
ENG 23. All sanitary facilities shall be connected to the public sewer system (via
the proposed on-site private sewer system). New laterals shall not be
connected at manholes.
GRADING
ENG 24. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Division for review and approval. The Precise
Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or
its grading contractor and submitted to the Engineering Division for
review and approval. The applicant and/or its grading contractor shall
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source
such that the applicable performance standards are met. The
applicant's or its contractor's Fugitive Dust Control Plan shall be
prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that have completed the required training. For
information on attending a Fugitive Dust Control Class and information
on the Coachella Valley Fugitive Dust Control Handbook and related
"PM IW Dust Control issues, please contact AQMD at (909) 396-3752,
or at htto://www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan;
a copy of current Title Report; a copy of the Soils Report.
ENG 25. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed at the limits of grading and/or
disturbed areas. Fencing shall have screening that is tan in color; green
screening will not be allowed. Temporary dust control perimeter fencing
shall be installed after issuance of Grading Permit, and immediately prior
to commencement of grading operations.
9
45
Resolution No.
Conditions of Approval Page 10 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ.HSPB 23&HSPB 72-Orchid Tree Inn November 9,2016
ENG 26. (Temporary dust control) perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall
be adequately anchored into the ground to resist wind loading.
ENG 27. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on-site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 28. A Notice of Intent (NOI)to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWO as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system.
A copy of the executed letter issuing a Waste Discharge Identification
(WDID) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 29. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000
square feet or more) at the time of issuance of grading permit for
mitigation measures for erosionlblowsand relating to this property and
development.
ENG 30. A GeotechnicaVSoils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy of
the Geotechnical/Soils Report shall be submitted to the Engineering
Division with the first submittal of a grading plan.
ENG 31. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approva[ of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208). -
46
Resolution No.
Conditions of Approval Page 11 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&H5P8 72—Orchid Tree Inn November 9,2016
WATER QUALITY MANAGEMENT PLAN
ENG 32. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit
issued for the Whitewater River Region from the Colorado River Basin
Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for
pre-treating contaminated stormwater and non-stormwater runoff, shall be
required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in
accordance with the NPDES Permit, that effectively intercept and pre-treat
contaminated stormwater and non-stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any).
ENG 33. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation
of operational Best Management Practices (BMP's) necessary to
accommodate nuisance water and storm water runoff from within the
underground parking garage and the on-site private drive aisles. Direct
release of nuisance water to adjacent public streets is prohibited,
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
a. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk
Recorder or other instrument on a standardized form to inform future
property owners of the requirement to implement the approved Final
Project-Specific Water Quality Management Plan (WQMP). Other
alternative instruments for requiring implementation of the approved
Final Project-Specific WQMP include: requiring the implementation of
the Final Project-Specific WQMP in Home Owners Association or
Property Owner Association Covenants, Conditions, and Restrictions
(CC&Rs); formation of Landscape, Lighting and Maintenance Districts,
Assessment Districts or Community Service Areas responsible for
implementing the Final Project-Specific WQMP; or equivalent.
Alternative instruments must be approved by the City Engineer prior to
issuance of any grading or building permits.
47
Resolution No._
Conditions of Approval Page 12 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ.HSPB 23&HSPB 72-Orchid Tree Inn November 9, 2016
b. Prior to issuance of certificate of occupancy or final City approvals
(OR of "final" approval by City), the applicant shall: (a) demonstrate
that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications; (b) demonstrate
that applicant is prepared to implement all non-structural BMP's
included in the approved Final Project-Speck WQMP, conditions of
approval, or grading/building permit conditions; and (c) demonstrate
that an adequate number of copies of the approved Final Project-
Specific WQMP are available for the future owners (where applicable).
DRAINAGE
ENG 34. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to adjacent streets. Provisions for the interception of nuisance
water from entering adjacent public streets from the project site shall be
provided through the use of a minor storm drain system that collects and
conveys nuisance water to landscape or parkway areas, and in only a
stormwater runoff condition, pass runoff directly to the streets through
parkway or under sidewalk drains.
ENG 35. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $ 9212.00 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to
issuance of a building permit.
GENERAL
ENG 36. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115. The developer shall be responsible for
removing, grinding, paving and/or overlaying existing asphalt Concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made
by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, Mission
Springs Water District, etc.). Multiple excavations, trenches, and other
street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of
the City Engineer. The pavement condition of the existing off-site streets
48
Resolution No.
Conditions of Approval Page 13 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ, HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 37, All proposed utility lines shall be installed underground.
ENG 38. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on-
site, abutting, and/or transecting, shall be installed underground unless
specific restrictions are shown in General Orders 95 and 128 of the
Califomia Public Utilities Commission, and service requirements published
by the utilities. The existing overhead utilities across the west property
line meet the requirement to be installed underground. The applicant is
advised to investigate the nature of these utilities, the availability of
undergrounding these utilities with respect to adjacent and off-site
properties, and to present its case for a waiver of the Municipal Code
requirement, if appropriate, to the Planning Commission and/or City
Council as part of its review and approval of this project.
a. If utility undergrounding is deferred in accordance with specific
direction by the Planning Commission and/or City Council, the record
property owner shall enter into a covenant agreeing to underground all
of the existing overhead utilities required by the Municipal Code in the
future upon request of the City of Palm Springs City Engineer at such
time as deemed necessary. The covenant shall be executed and
notarized by the property owner and submitted to the City Engineer
prior to issuance of a grading permit. A current title report; or a copy of
a current tax bill and a copy of a vesting grant deed shall be provided
to verify current property ownership. A covenant preparation fee in
effect at the time that the covenant is submitted shall be paid by the
developer prior to issuance of any grading or building permits.
ENG 39. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 40. Upon approval of any improvement plan (if required) by the City Engineer,
the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variation of the type and format of the digital data to be submitted to the
City may be authorized, upon prior approval by the City Engineer.
49
Resolution No.
Conditions of Approval Page 14 of 21
Amendment to Case Nos.5.1345 CUP,3.3067E MAJ,HSPB 23&HSPa 72—Orchid Tree Inn November 9.2016
ENG 41. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as-built' information and returned to the Engineering
Division prior to issuance of a final certificate of occupancy. Any
modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
ENG 42. Nothing shall be constructed or planted in the comer cut-off area of any
(intersection or) driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning
Code Section 93.02.00, D.
ENG 43. The existing parcels identified as Lots 7, 8, 9, 10, 11, 12, 13, 14. 15, 20,
21, 22, 23, 24 and portion of Lots 1 and 2 of the Townsite of Palm Springs
map, Map Book 9, Page 432, shall be merged. An application for a parcel
merger shall be submitted to the Engineering Division for review and
approval. A copy of a current title report and copies of record documents
shall be submitted with the application for the parcel merger. The
application shall be submitted to and approved by the City Engineer prior
to issuance of building permit.
ENG 44. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No.
904.
TRAFFIC
ENG 45. A minimum of 48 inches of clearance for accessibility shall be provided on
public sidewalks or pedestrian paths of travel within the development.
ENG 46. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 47. Construction signing, lighting and barricading shall be provided during all
phases of construction 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 Part 6 "Temporary Traffic Control"
of the California Manual on Uniform Traffic Control Devices (MUTCD),
dated November 7, 2014, or subsequent editions in force at the time of
construction.
ENG 48. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
50
Resolution No.
Conditions of Approval Page 15 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72-Orchid Tree Inn November 9,2016
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Owner/developer
is responsible for all applicable state and locally adopted fire codes. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined from plans stamped received
November 2, 2015 and January 25, 2016. Additional requirements may be
required at that time based on revisions to site plans.
FID 2 Fire Department Conditions were based on the 2013 California Fire Code
as adopted by City of Palm Springs, Palm Springs Municipal Code and
latest adopted NFPA Standards.
FID 3 Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this oroiect. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals (four sets). All system
materials shall be UL listed or FM approved for fire protection service and
approved by the Fire Prevention Bureau prior to installation.
FED 4 Conditions of Approval — Conditions of Approval received from the Palm
Springs Planning Department must be submitted with each plan set.
Failure to submit will result in a delay of plan approval.
FID 5 Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
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Resolution No.
Conditions of Approval Page 16 of 21
Amendment to Case Nos.5.1345 CUP,3,30678 MAJ,HSPB 23 B HSPB 72—Orchid Tree Inn November 9,2016
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section
and shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
Project Note: Type I Standpipes required within the interior of the facility to
meet the above 150 foot rule.
FID 6 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs.
GVW) and shall be surfaced so as to provide all-weather driving
capabilities.
FID 7 Key Box Required to be Installed (CFC 506.1): Where access to or within
a structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the
fire code official is authorized to require a key box to be installed in an
approved location. The key box shall be flush mount type and shall contain
keys to gain necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box
Installations shall be 5 feet above grade. Location and installation of Knox
key boxes must be approved by the fire code official.
• Key Box Contents (CFC 506.1): The Knox key box shall contain keys
to all areas of ingress/egress, alarm rooms, fin: sprinkler riser/equipment
rooms, mechanical rooms, elevator rooms, elevator controls, plus a card
containing the emergency contact people and phone numbers for the
building/complex.
FID 8 NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13, 2013 Edition, as modified by local
ordinance.
Project Note: NFPA 13 fire sprinkler system required in all non-residential
buildings.
Project Note: Type I Standpipes required.
FID 9 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is
52
Resolution No.
Conditions of Approval Page 17 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13R, 2013 Edition, as modified by local
ordinance.
Project !Vote: Existing bungalows exempt.
FID 10 Fire Alarm System Group R•1 (CFC 907.2.8): Fire alarm systems and
smoke alarms shall be installed in Group R-1 occupancies as required in
Sections 907.2.8.1 through 907.2.8.3.
907.2.8.1 Manual fire alarm system. A manual fire alarm system that
activates the occupant notification system in accordance with Section 907.5
shall be installed in Group R-1 occupancies.
Exceptions:
1. A manual fire alarm system is not required in buildings not more than two
stories in height where all individual sleeping units and contiguous attic and
crawl spaces to those units are separated from each other and public or
common areas by at least 1-hour fire partitions and each individual sleeping
unit has an exit directly to a public way, egress court or yard.
• 907.2.8.2 Automatic smoke detection system. An automatic smoke
detection system that activates the occupant notification system in
accordance with Section 907.5 shall be installed throughout all interior
corridors serving sleeping units.
Exception: An automatic smoke detection system is not required in
buildings that do not have interior corridors serving sleeping units and
where each sleeping unit has a means of egress door opening directly to an
exit or to an exterior exit access that leads directly to an exit.
• 907.2.8.3 Smoke alarms. Single- and multiple-station smoke alarms
shall be installed in accordance with Section 907.2.11.
FID 11 Residential Smoke and Carbon Monoxide Alarms Installation (CFC
907.2.11.21314; CRC R314 & R315; and California Health & Safety Code
17926): Provide and install Residential Smoke and Carbon Monoxide
Alarms. Alarms shall receive their primary power from the building wiring,
and shall be equipped with a battery backup. In new construction,
alterations, repairs and additions, smoke and carbon monoxide alarms shall
be interconnected. The operation of any smoke alarm will cause all smoke
alarms within the dwelling to sound. The operation of any carbon monoxide
alarm will cause all carbon monoxide alarms within the dwelling to sound.
53
Resolution No.
Conditions of Approval Page 18 of 21
Amendment to Case Nos.5.1345 CUP,3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9, 2016
FID 13 Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C
portable fire extinguisher for every 75 feet of floor or grade travel distance
for normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an
exit door.
FID 14 Elevator Emergency Operation (CFC 607.1): Existing elevators with a
travel distance of 25 feet or more shall comply with the requirements in
Chapter 46. New elevators shall be provided with Phase I emergency recall
operation and Phase II emergency in-car operation in accordance with
California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6,
Elevator Safety Orders and NFPA 72.
• Elevator Keys (CFC 607.4): Keys for the elevator car doors and fire-
fighter service keys shall be kept in an approved location for immediate
use by the fire department.
• Elevator System Shunt Trip (CFC 607.5): Where elevator hoistways or
elevator machine rooms containing elevator control equipment are
protected with automatic sprinklers, a means installed in accordance
with NFPA 72, Section 21.4, Elevator Shutdown, shall be provided to
disconnect automatically the main line power supply to the affected
elevator prior to the application of water. This means shall not be self-
resetting. The activation of sprinklers outside the hoistway or machine
room shall not disconnect the main line power supply.
• Fire Sprinklers at Bottom of Elevator Pit (NFPA 13: 8.15.5.1):
Sidewail spray sprinklers shall be installed at the bottom of each
elevator hoistway not more than 2 feet above the floor of the pit.
• Elevator Hoistways and Machine Rooms (NFPA 13: 8.15.5.3):
Automatic fire sprinklers shall be required in elevator machine rooms,
elevator machinery spaces, control spaces, or hoistways of traction
elevators.
• Fire Sprinklers at the Top of Elevator Hoistways (NFPA 13:
8.15.5.6): The sprinkler required at the top of the elevator hoistway by
8.15.5.5 shall not be required where the hoistway for passenger
elevators is noncombustible or limited-combustible and the car
enclosure materials meet the requirements of ASME A17.1, Safety Code
for Elevators and Escalators.
• Elevator Recall for Fire Fighters' Service with Automatic Fire
Detection (NFPA 72: 21.3.3): Unless otherwise required by the
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Resolution No.
Conditions of Approval Page 19 of 21
Amendment to Case Nos.5.1345 CUP, 3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9, 2016
authority having jurisdiction, only the elevator lobby, elevator hoistway,
and elevator machine room smoke detectors, or other automatic fire
detection as permitted by 21.3.9, shall be used to recall elevators for fire
fighters' service.
• Exception: A water-flow switch shall be permitted to initiate elevator
recall upon activation of a sprinkler installed at the bottom of the elevator
hoistway (the elevator pit), provided the water-flow switch and pit
sprinkler are installed on a separately valved sprinkler line dedicated
solely for protecting the elevator pit, and the water-flow switch is
provided without time-delay capability.
• Elevator Recall with Fire Sprinkler in Elevator Pit (NFPA 72: 21.3.7):
When sprinklers are installed in elevator pits, automatic fire detection
shall be installed to initiate elevator recall in accordance with
2.27.3.2.1(c) of ANSI/ASME A.17.1/CSA 1344, Safety Code for Elevators
and Escalators, and the following shall apply:
• (1) Where sprinklers are located above the lowest level of recall, the fire
detection device shall be located at the top of the hoistway.
• (2) Where sprinklers are located in the bottom of the hoistway (the pit),
fire detection device(s) shall be installed in the pit in accordance with
Chapter 17.
• (3) Outputs to the elevator controller(s) shall comply with 21.3.14.
Elevator Systems Automatic Detection (NFPA 72. 21.3.9): If ambient
conditions prohibit installation of automatic smoke detection, other
automatic fire detection shall be permitted.
Detector Annunciation at the Building Fire Alarm Control Unit
(NFPA 72: 21.3.10): When actuated, any detector that has initiated fire
fighters' recall shall also be annunciated at the building fire alarm control
unit, or other fire alarm control unit as described in 21.3.2, and at
required remote annunciators.
FID 15 Elevator Stretcher Requirement (CBC 3002.4): Elevators shall be
designed to accommodate medical emergency service. The elevators) so
designed shall accommodate the loading and transport of an ambulance
gurney or stretcher 24 inches by 84 inches in the horizontal position. The
elevator entrance shall have a clear opening of not less than 42 inches wide
or less than 78 inches high. The elevator car shall be provided with a
minimum clear distance between walls or between walls and door excluding
return panels not less than 80 inches by 54 inches, and a minimum distance
from wall to return panel not less than 51 inches with a 42 inch side slide
door.
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Resolution No.
Conditions of Approval Page 20 of 21
Amendment to Case Nos.5.1345 CUP, 3.30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9, 2016
FID 16 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in
amounts exceeding the maximum allowable quantity per control area as set
forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and
5004. Storage of hazardous materials in amounts not exceeding the
maximum allowable quantity per control area as set forth in Section 5003.1
shall be in accordance with Sections 5001 and 5003. Retail and wholesale
storage and display of nonflammable solid and nonflammable and
noncombustible liquid hazardous materials in Group M occupancies and
Group S storage shall be in accordance with Section 5003.11.
• Pool Chemicals — dedicated, compliant storage cabinets, rooms, or
areas required
• Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets,
rooms, or areas required
FID 17 "Exit Analysis Plan" required (CFC 104.7.2): Prepared, stamped and
signed by a state licensed architect in 114" = V scale. The floor plan shall
address the following for a Group A-2 occupancy:
• Provide net occupant load calculations for interior (restaurant & bar) and
outdoor patios. The occupant load determination shall be made by the
Fire Marshal
• Seating/table diagram with compliant aisle widths
• Minimum required egress width to accommodate occupant load
• Exit access travel distance
• Egress paths to public way
• Means of egress illumination locations
• Illuminated EXIT sign locations
• Compliant exit doors/gates and door/gate hardware (panic hardware)
• Note any elevation changes in the exit discharge
• Locations of fire extinguishers (minimum rating 2A-10BC).
• Project Note — Submitted plans do not have compliant exiting.
Restaurant exits are not sufficiently spaced.
FID 18 Posting of Occupant Load (CFC 1004.3): Every room or space which is
used for assembly, classroom, dining, drinking, or similar purposes having
an occupant load of 50 or more shall have the occupant load of the room or
space posted in a conspicuous place, near the main exit or exit access
doorway from the room or space. Posted signs shall be of an approved
legible permanent design and shall be maintained by the owner or
authorized agent.
• Occupant load numbers will be determined by the Fire Marshal after the
receipt and approval of the Exit Analysis Plan
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Resolution No.
Conditions of Approval Page 21 of 21
Amendment to Case Nos.5.1345 CUP,3,30678 MAJ,HSPB 23&HSPB 72—Orchid Tree Inn November 9,2016
FID 19 Fire Protection
• Fire Sprinkler System— required
• Fire Extinguishers— required
• Fire Alarm Systems— required if occupant load exceeds 300
• Cooking Hood Suppression System— required
END OF CONDITIONS
S'7
Attachment 3
s8
3
HIGH INTENSITY MIXED-USE
(RES./COMM.) GATEWAY
HIGH INTENSITY t MIXED-USE
MIXED-USE ,� (OFFICE/RES.)
(RES./COMM.) I TRANSITION ZONE
DOWNTOWN
CENTRAL CORE
Cana use & bevelo - " .
I RESORT/CONVENTION
ment / bistvicts -. CENTER DIST ICT
MIXED-USE -n
DOWNTOWN
Current[%;the maIority of downtown OUTER COME
Palm Springs is used primarily during;the
MIX
dattime. Houe%er,there is potential to FICF/R
extend the hours of use and to create a more TENNIS t TR NSJION ZONE
exciting and lively armosphern in downrokvn CLUB
Palm Springs through the introduction of DISTRICT
mixed-use residential developments and the HIGH INTENSITY USE
(RES./COMM.) GATEWAY
cxpanstun of nighttime commcreial/retail N .—._.—,4
uses. Penple create a sense of vitality through
sav
activity anti use of the streets and sidewalks. ® Mm -UsE(RE
; MISEa-USE(RES/:(a1M)
Downtown residents would enliven the
area by using downtown areas when others :Umrr: Aaarp?j Cnrur in doworoaa 1'mlm}ant,r./For bsnbling/x;gbtr faVia ronnns�nnrs
have Icft and by creating a new nighttime rirl/n"Daildiae 11rigfj1,Unadalmn. %lassinX.&Drrrta"srrlian da9mg aqur+IlnrltmT-)
'Darr Zonrs i1vuld 1w(rr/brr tubd rrlyd iala dxwr 1wred datdrh to nwle amu odd srpanrh
market for activities,stores,and restaurants, maths lm iAealilirt av kn Me daaowm
Therefore,downtown palm Springs would
dxneht from downtown residents and those
new residents would benefit from the exciting
and lively atmosphere of the area.
To achieve the desired mix of vitality and
activity,downtown Palm Springs should be
comprised of a number of different Tones
distinguished by land use and height. These
zones include: the core(comprised of a
high intensity mixed use center with taller
buildings surrounded by a vibrant mixed-use
area);two shorter,less intense mixed-use
transition zones to the north and south of
the core; taller,more intense north and
south gateua% areas;the Resort/Convention
Center District;and the Tennis Club District
(see map to the right). Further defined theme
based districts(areas identified by specialized
uses,such as cultural and art uses,restaurant
uses,nightlife uses,etc.)within these larger
districts are encouraged and should be
strengthened where they already exist when
possible. 09
dnrtr-f tzar
I, 110 Uric & Dusetojnuellt Di6lrict5
• Downtown Core: The downtown core (approximate area
hounded by Amado Road and Arenas Road and INIuscum Drive
and Indian Canvon Drne) should be a vibrant,compact,and
walkable center of activity in the downtown area. The core should
be comprised of a central core area consisting of taller(max.60
ft, sec"Building I leight,Orientation,Jlassing,& Design"section
starting on the next page for more detail on allowed building
heights in the downtown),high intensity mixed-use(residential/
commerical) buildings surrounded by an equally vibrant,but
shorter imax.30 to 4i ft.i mixed use (commercial/office/
residential)outer core area. LanU use & bevelap—
• Transition Zones: The transition cones should serve as less meet / bistriets
intense connector areas benrcen the high intensity dow ntown cure
and north and south gateways to help create a unricd dOwnt(Ay❑
expenenee. These areas are ideal for theme based districts
(areas With similar or complementary uses Such as restaurants,art
gollcries,cie.)and should consist primarih•of shorter,one to nw
stork' Infix. 30 ft.)corn merieal/office mixed-use buildings. Slightlu
taller mixed-use buildings with ground floor retail/office and
residential lofts above (max.45 ft.) are permitted on the cast side
of Palm Carron Drive.
• Gateways: The north and south entrances to the downtown
;along Alejn Read and Ramon Road between liclardo Road and
I ndian Carron Drive) should be well defined areas that make
one's entrance into the downtown a memorable experience. The)
should be taller(max. 60 it.),high intensity mixed use (residential(
cummercizh areas with distinctive lanchcaping and signage
marking the entrance to dtncntotvn.
• The Resort/Convention Center District: This distract IS
complcwly contained Within the Section 14 area and its land uses
arc defined by the Section 14 Spccifie Plan. Thu district's location
adlaeunt to the downtown core makes it an integral part of the
do%xmovn. It Should be well connected pith the rest of the
dow ntown to ensure the success of the entire downtown area.
• The Tennis Club District: The Tennis Club district is an
important historic area in dowtuown Palm Springs. It contains
many archuecturaliv,socialh,and eulturalh•important hotels,small
resorts,and residences. This district should continue to retain
the current land uses,sense of place,and character that eurremb
exists.
• \\-ithin all of the do%�mown zones r,cspeeialh in the core and
transition areas) theme based villagus or districts are encouraged.
These districts should be lively;walkeble areas with similar or
complcmcnmrr uses that create a sense of district identity.
These areas should be connected with each other and the central
downtown cure to create a dynamic and pedestrian friendk
dow ntown. If silting theme based districts should be strengthened
and nM ones created when possible. E
dnrt;?.jmr
30-60 FT
30 F?.— (. 30 FT . 45 FT FOR
RESIDENTIAL LOFTS
building 6606t, 30-60 FT.
SEE SECTION 14
r1I�
SPECIFIC PLAN FOR
o ma
ssing,assing, ALLOWED AEIIiHTS
& design
30 FT -_
Building height,orientation,and CONSISTENT—
massing ale affect the character of a WITH CURRENT
downtown. Currently,the majoritA of HEIGHTS
buildings in downtown Palm Springs N 30-60 FT.
arc low-rise structures facing onto
the street. These building types help "
create the pedestrian f rientlly village
character of downtown. If the correct
Alm,: f map of Nuldnr&x ghl/1p nIw my AxmwAIm n Pahl i fm",(Ivr non ArfnrJan 11W
techniques are used,taller buildings can rlwnrclenji F of//x;vx f rn thr"lawdVA,C"Prnlop/m al 0ainelf'm im'Anfim on
produce the same effcet while allowing J,x la,ro PRO
for increased residential and retail uses
in the downtown area. Hfnvever,care CONCEPTEONNER
must be taken to protect existing public I BUILDING CUTRACKS
SHOULD Be USED
eiew corridors airing streets,and when TO CREATE SMALL
possible,to create new ones. INTERESTING PUBLIC
SPACES
Another defining feature of the village
atmosphere of downtown Palm Springs f
is its eclectic architecture. liarly homes
were constructed primarily in Spanish
Colonial and Mediterranean stvle.s. Maid-
century and post-%Xbrld War I I buildings
anti homes were designed by an array of well-known Modern architects.
The result is an architecturally rich 1W
and varied downtoxm New buildings
should be sensitive to the historic _.
context and complement the unique
Cq+CEPT TOWER ELEMENT ' CONCEPT SIDEWALK
mix of architectural Styles. In addition, AND DStINOU SHING BULBS SLOW TRAFFIC
new projects should strive for excellence ARCH TECTILRAL TREATMENTS/ AND CREATE MORE
in-architectural design. DETA LING ON CORNER - PEDESTRIAN FRIENDLY
!+ EUILON95 CREATE A SEME OF STREETS
ARRIVAL AND IMAOATANCE
LWnlat romrn,Owl harr ddlmpulxrtg hrxhhnyr.n/lm.k fmm rlr wwr,Tlwuhllx
xmAat rxlmm�r ro elx AAawl"I,ann. (�
thirt,7-six �+�
131jibinq Heii)(A
• Downtown Core: Building height in the central core area should be
a maximum of 30 feet on the street front stepping back to 60 feet in
height with minor intrusions for architectural features. The surrounding
mixed-use areas in the downtown outer core should be a maximum of
30 feet with intrusion areas for architectural features on the west side of
Palm Canyon Drive and a maximum of 30 feet for office/retail mixed.
use and 45 feet for buildings with ground floor office/commercial uses
and second story residential lofts with intrusion areas for architectural
features on the east side of Palm Canyon Drive.• Transition Zones: Building height in transition areas should be a 614ibing height,
maximum of 30 feet with intrusion areas for architectural features. On
the cast side of Palm Canyon Drive mixed-use buildings with residential orientation, massing,
lofts are excepted from the 30 foot restriction. They should be a maximum of 45 feet(18 feet on street front stepping back to 45 feet on & e1esagn
the second floor) to accommodate the residential lofts.
• Gateways:Building height in the north and south gateway areas should
be a maximum of 30 feet on the street front stepping back to 60 feet in
height with minor intrusions for architectural features.
• The Resort/Convention Center District: Allowed building heights
can be found in the Section 14 Specific Plan.
• The Tennis Club District: Building heights should he consistent with
current heights and zoning restrictions.
• Building heights should result in a varied skyline. Taller buildings,if
properly designed,will create dramatic ricw corridors that mill add to the
vitality of downtown.
• Taller buildings (in excess of three stories)should compensate for
their height through the provision of grade Icvcl public open space,
prescrration of views,superior design,and quality construction.
• i irst and second floors of taller buildings should be pedestrian friendl%
though the use of large display windows,awnings or other shade corers,
architectural detailing,etc. They should contain elements at a pedestrian
Scale and provide pedestrian uses,such as retail,restaurant,and office
spaces.
Orieiitalion & Nl(wiu,g
• An cast-west orientation of taller buildings will reduce the bulk
facing the mountains,which will help CTCRte'/preserve view corridor=
in the downtown area. The cast-west orientation of taller buildings is
recommended when appropriate.
• Building massing should step back above the ground floor to maintain
and protect public view corridors along streets. (Sec the bottom of page
[went)-four for a graphic representation of a building step back.)
• Buildings should have variable roof lines. 62
tl�irtn-set�eu
Ardjitecture&Arc%itecntral F
Detailing
• It is important that the rich
architectural heritage of Palm Springs
6L protected. The City urges propert
owners to preserve,restore,and
productively use class 1 anti class
If historical buildings whenever * .
practical. An appropriate high level
of maintenance is also an important 6 '
prerequisite to the preservation Y
of historic buildings as well as the d1
ambiance of downtown. (See the r
historic sites map on page fora•one.)
Listings of historical buildings can be }
found in the Historic Situ Preservation
Board 30 June-03 List of Class 1 anti
Class 11 Historic Sacs and thuf unc
2004 Cin of Aalm)/&r s Depdrlmieul
of PJaruuigg and%arn¢;Ci4w-ide tdislorir
Rrsaims.Vnrrer•
• Nea.buildings should be sensitive
to the architectural styles and detailing
of surrounding buildings while adding
to the architectural quality and eclectic
nature of downtown.
• Detailud architectural treatment
should he integrated and consistent on
all of a buildings"acriors (360 ckgree
architecture). Provide the sirne level of
detail on rear-Facing building facades as
on front and side elevations.
to +` ' 'lave Taft:Irrrdrr.mrl++u!lmrr tit
'.` #� .tnn7nun 2xn(xJwrr)and I n 1'Gry(/r/)1.ndel
Awrrxhr In t/x rlrrrtrrnJ+r nml�rorrrk rlrxlr/nr
(xrlcrtrionr. 77rr on+rrwnnundrd u�nrrnr nJ
prd�rtdux nriretal rr/nr/.
rr
63
tlPrtr�•cit�jt
1.
�_Yau
• Storefronts are the most Important
component of commercial architecture.
They should have appropriate decorative
trim,ample window exposure,and clearly
marked entrances.
• Distinctive architectural treatments should ry �hgyag:'I hr rr/r Ji<2/a/rqu of.I�mid
CnGvrinl,.tlydihrn+gnw,r+nA.tG�Arrue...m. 'N'U gdrr
be incorporated into building design when in Arwgrogg 1'dlm Srrsagrorr rvbwtr/r,rrut. \rg
appropriate to the architectural style of the balhlrgtr sloudjNmr forCNrc&gn ig arr/u9lond
building. dePgg gbi/r ,p"Jer,mg or✓dd qg to lle rdatir rmMrr a/
AM,*gg.
• Buildings placed on street corners
define the street edge and create visual
and pedestrian interest. These buildings
should contain special design features and
architectural detailing.
• Arcado,colonnades,overhangs,and
awnings can add to the character of a
building as well as provide pedestrians with
protection from the hot desert sun. The%
are all encuuragcd when appropriate to the
architectural sale of the building.
• Building colors and materials should be
consistent with downtown architectural
styles and landscaping themes. Thep should
complement surrounding buildings and
public spaces while retaining a sense of
uniqueness and individual building identity.
Iliatg-nnie 64
Attachment 4
65
Architectural Advisory Committee Minutes
City of Palen Springs
Oclobst 3.2016
Mem an pointed-out that the tenant signs should have a minimum clearance
above the si a
M/S/C (Secoy-Jensen/Song, - absent Lockyer) Approve with staffs
recommendations subject to:
1. Hotel sign - on the west elevation shall be bwe a mld-section of
elevation (no higher than the upper edge of white box) or rem
5. NEW CHURCH 11, LLC FOR RENOVATING THE EXISTING HISTORIC
CHURCH AND ORCHID TREE BUNGALOWS FOR ADAPTIVE REUSE AND
DEMOLISHING PORTIONS OF THE SITE FOR THE CONSTRUCTION AND
OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND
MEETING SPACE ON A 3.1-ACRE SITE LOCATED AT 222 S. CAHUILLA
ROAD, ZONE R-3, SECTION 15 (CASE 5.1345 CUP, HSPB 23, HSPB 72 &
3.0678 MAJ). (DN)
Associate Planner Newell provided an overview of the proposed construction as
outlined in the staff memorandum.
Member Secoy-Jensen verified the scope of review.
Member Purnel verified the materials.
Member Rotman verified the height of buildings.
Chair Song requested clarification on the view corridor referenced in the staff report.
RICHARD WEINTRAUB, applicant, provided details on the revisions reducing the
overall scope and scale of the hotel project.
Member Rotman said it looks like a great project and questioned what the thinking
behind the variations in architecture was.
Member Secoy-Jensen requested clarification on the justification for parking on Baristo
Road.
Member Fredricks questioned if the tandem spaces will be valet parking.
Member Fredricks supports the changes but noted that they have not seen the
landscaping plan yet.
Member Purnel supports the landscape images in the renderings (simplified and
5
66
AmNleetural Advisory Commat a Minutes
CRY of Palm Springs
Odoba 3.2016
organized) and would like to see something like this in the landscape plans.
M/SIC (Fredricks/Cassady, 6-0-1 absent Lockyer) Approve, as submitted.
APPLICATION AND FINAL PLANNED DEVELOPMENT DISTRI
APPLICATION FOR "VIBE" (FORMERLY "JUL") A RESIDEN L
DEVELOPMENT OF 93 MULTI FAMILY UNITS AND 72 SINGLE F ILY
HOMES ON SMALL LOTS ON A 24-ACRE PARCEL LOCATED THE
NORTHEAST CORNER OF SOUTH FARRELL DRIVE AND EA ARISTO
ROAD (CASE 5.1046 PDD 232 AMND AND 3.3974 MAJ). (KL)
Chair Song and Member Fredricks noted their recusal on this item would not be
participating in the discussion or vote. Chair Song and Mem Fredricks left the
Council Chamber.
Associate Planner Lyon provided an overview on the propo development as outlined
in the staff report.
Member Secoy-Jensen verified issues from Exhibit the staff report.
Member Rotman clarified the setbacks betwe the multi-family units and how the
architectural styles will be used.
Vice-Chair Cassady requested clarificati on the pedestrian gates on each residence
and perimeter. He questioned if the d parks are accessible to the general public (no)
and verified if the historic"tie-downs" ill be preserved. (no)
JP SECOUSSE, Amada Real to Group, principal, provided further details on the
proposed development.
RON GREGORY, RGA dscape Architects, provided details about the eight foot wall
and was available for tions.
MIKE WOODLEY oodley Architectural Group, provided details about the layout,
cluster, roof-de windows and privacy and plantings.
Public n :
STEP NIE AUSTIN, thinks it's a nice development and the location is good. She
bel the community park is not large enough and does not support gated
munities.
6 67
Attachment 5
68
Planning Commission Minutes
City of Palm Springs
Mardi 9,2016
2B. CAHUILLA CHURCH, LLC FOR A CONDITIONAL USE PERMIT AND MINOR
ARCHITECTURAL APPLICATION TO RENOVATE AND ADAPTIVELY RE-USE A
FORMER CHURCH SITE (CLASS 1 HISTORIC SITE NO. 23 - COMMUNITY
VCHURCH) AS A HOTEL, SPA AND RESTAURANT LOCATED AT 284 S. CAHUILLA
ROAD, ZONE R-3 (CASE 5.1345 CUP ✓�3.3932 MAA). (ON)
Associate Planner Newell presented the proposal to renovate and adaptively re-use a
former church site as outlined in the staff report. He reported the AAC's review and
recommendations of the project.
The Commission had technical questions and/or requested clarification in reference to:
• Verification that operating both sites as one will allow the use of a spa_to the
public.
• Relocation of ADA parking spaces? .
• Can the ADA parking spaces be relocated to Cahuilla Road?
Chair Klatchko opened the public hearing:
RICHARD WEINTRAUB, applicant, commented that they want to ensure the project is
ADA compliant and will work with staff to accommodate the parking spaces. He
provided details on renovation to the property.
MIKE GUERRA, lives nearby, supports the plan and believes this will be a great asset
to the neighborhood. He thinks they should be allowed to use the driveway for
deliveries.
TIM ERKINS, spoke in favor of the project and suggested removing the 4 power poles
to allow for the ADA spaces on the Cahuilla entrance.
RICHARD WEINTRAUB, applicant response, reiterated that they will need to work with
staff to address the ADA spaces,
There being no further speakers the public hearing was closed.
Commissioner Lowe thinks this is an incredible project and thanked the applicant for the
changes to the project.
Discussion occurred on the joint operation of the hotel and restaurant and guest arrival
experience.
Staff directed the Commission to the conditions ADM. 17 and ADM. 18 regarding the
spa and restaurant operation.
69
Planning Canrohsion Minutes
City at Pain Springs
March 9,2016
Commissioner Weremiuk asked if it's possible for the applicant work with staff to see if
there is an alternate location for bay parking fronting Baristo Road.
Commissioner Middleton congratulated the applicant on the exciting project and
requested assurance for preservation of this property.
Discussion occurred in allowing the spa for use to the public.
Commissioner Weremiuk questioned if a condition could be added to allow the spa use
for the public. Staff concurred with the condition: "that with greater than 50 rooms and
the properties are combined".
ACTION: Approve subject to Conditions.
Motion: Commissioner Lowe, seconded by Commissioner Weremiuk and unanimously
carried 6-0-1 on a roll call vote.
AYES: Commissioner Donenfeld, Commissioner Lowe, Commissioner Middleton,
Commissioner Weremiuk, Vice-Chair Calerdine, Chair Klatchko
ABSENT: Commissioner Hirschbein
THE PLACEMENT OF FIVE (6) TENNIS COURT LIGHT POLES AT A M M
HEIGHT OF TWELVE (12) FEET LOCATED AT 790 NORTH MISSION RO ONE
R-1-A (CASE 5.1385 CUP). (GM)
Commissioner Donenfeld left the Council Chamber at 2:28 pm.
Associate Planner Mlaker provided an overview of the pro d tennis court lighting.
Commissioner Lowe recalled that the Commis s had reached an agreement but
continued the project to allow the neighbors to ment.
Chair Klatchko opened the public hea
ROB PARKER, RGA Architec tated that they did not have the opportunity to meet
with the neighborhood a Lion because the owner lives out of town. He indicated
that the existing hedge ht is closer to 14 feet and the light does not project onto the
property line.
RICHARD Old Las Palmas Neighborhood Organization, vice-chairman, stated
that t gree with all of the conditions except that they would like to restrict hours for
lig o be turned off between 8 pm - 7:00 am.
70
I
City oI Palm Sp ngs
Waning Comm"I Minutes
NovmDM 78
.2015
Commission requested the following items:
• L rs from the adjacent HOA's stating if they are in support of this development
or th ' concerns.
• Full-size hibits are needed to understand this development.
• Provide in ' ' g to the adjacent HOA's what the developer has agreed to do.
• Review stands for ways of maximizing placement of the homes on the lots
and placement of s ' ming pools, etc.
• Updated plans with re ns made.
• Get CVAG's opinion on th V link.
• A comparison of standards a proposed Small Lot Ordinance.
ACTION: To continue to a date uncertain to tudy session.
Motion: Commissioner Calerdine, seconded Commissioner Donenfeld and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Donen Commissioner Lowe,
Commissioner Middleton, Commissioner Weremiuk, Vice-Chair arts, Chair Klatchko
A five minute recess was taken at 4:52 pm.
The meeting resumed at 4:58 pm.
2. NEW BUSINESS:
2A. NEW CHURCH II LLC FOR A MAJOR ARCHITECTURAL APPLICATION TO
RENOVATE AND MODIFY EXISTING BUILDINGS AND CONSTRUCT A NEW
THREE-STORY BUILDING ON AN APPROXIMATELY TWO-ACRE SITE TO
OPERATE A 52-ROOM HOTEL LOCATED AT THE NORTHWEST CORNER OF
BELARDO ROAD AND BARISTO ROAD (CASE 3.0678 MAJ). (DN)
Associate Planner Newell presented the proposed renovation, partial demolition and
construction as outlined In the staff report.
The Commission commented and/or asked technical questions pertaining to:
• Are the three windows hallways along the Belardo elevation?
• How will the tandem parking be used by the hotel guests?
• Commend the applicant for a beautiful project that fits well into the neighborhood.
• Have the issues been resolved with the AAC in terns of the landscape?
• What will happen to the church in the interim?
• Has the minimum landscape been defined?
IFagc
r�.
CAy el Palm SprWQ5
Pl•rming Comrnhslon MhWes
November 18.2015
RICHARD WEINTRAUB, applicant, stated that they received unanimous support from
the surrounding neighborhoods. Mr. Weintraub provided details on the parking,
windows along the Belardo elevation, landscaping (including a gray water system to
allow very lush, exotic plantings) photovoltaic and restoration of the church.
ACTION: Approve, with conditions subject to:
• The landscape to return to the AAC and Planning Commission (consent
calendar) with the inclusion if the gray water system can be installed to provide
lush landscaping in the interior and xeriscape on the exterior.
Motion: Commissioner Weremiuk, seconded by Commissioner Lowe and unanimously
carried on a roil call vote.
AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Lowe,
Commissioner Middleton, Commissioner Weremiuk, Vice-Chair Roberts, Chair Matchko
3. OTHER BUSINESS:
MIR
FOR THE DEMOLITION OF AN EXISTING COMMERCIAL SITE TO CONSTRU
MIXED-USE PROJECT ON 12.4-ACRES CONSISTING OF (60) SINGLE- ILY
RESIDENCES ON LOTS AVERAGING 5,136-SQUARE FEET IN SIZE, MULTI-
FAMILY RESIDENTIAL CONDOMINIUMS AND APPROXIMATELY 1 2-SQUARE
FEET OF COMMERCIAL SPACE LOCATED AT 777 SOUTH PAL ANYON DRIVE
(CASE NOS. 5.1378 PD-379, ZC 3.3876 MAJ AND TTM 36914). N)
Planning Director Fagg provided a comparison of the pro ed small lot ordinance and
the proposed development.
TODD CUNNINGHAM, president, Woodbridg aciflc Group, provided details on the
site, floor plans, second-floor element, elev ns, open-space, and original concept for
the trail. Mr. Cunningham addressed th a-work units and parking spaces: noting that
the speed limit is 40 miles per r on Palm Canyon compared to downtown:
Xot
that this area Is not kabie and needs to be treated differently.
oberts corn ad and/or requested clarification on:
like at project.
cts.
se and public benefit.
noted that the Cameron project across the street has livelwork units and
turate the area where there is not a market. He indicated that staff is in
6lPage
`r
Attachment 6
73
RECEIVED
MAR 0 2 Z016
PLANNING SERVICES
DEPARTMENT
Vincent Marsh, Historic Preservation Consultant
t Marsh and Associates
The Garden Villas at the Racquet Club
A Class 1 Historic Site
360 Cabrillo Road, Unit No. 212
Palm Springs, CA 92262-2076
January 24, 2016
Mr. Gary Johns, Chair
Historic Site Preservation Board
Department of Planning Services
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
i
RE: Review for Consistency with the Secretary of the Interior's Standards for
the Treatment of Historic Properties,The proposed rehabilitation and Adaptive Reuse of
the Community Church/Orchid Tree Resort and Spa Project
A Class 1 Historic Site(HSPB 23),284 South Cahuila Road,Palm Springs, CA 92262
Dear Mr. Johns,
I have been asked to commit on the proposed, rehabilitation, adaptive reuse and proposed
exterior modifications to the site plan for the subject property by the project sponsor, Weintraub
Real Estate Group in Malibu, CA.
Historical Resources:
"The subject property contains three designated City of Palm Springs Historic Sites: the Palm
Springs Community Church was designated as a Class 1 Historic Site in 1989 and the Orchid
Tree Inn and stone arch were designated as Class 1 and Class 2 Historic Sites in 2010. Both
properties are historic resources for purposes of CEOA Review. There are no resources on the
subject property that are listed in the National Register of Historic Places (National Register)or
(the]California Register of Historical Resources(California Register), nor do any other buildings
or features appear so eligible." (See the Orchid Tree Resort and Spa Project, Historical
Resources Impacts Evaluation Prepared for Weintraub Real Estate Group by Chattel, Inc.,
Historic Preservation Consultants, Sherman Oaks, CA 91423 on June 6, 2014).The current
1 III
i4 II
proposal has been modified to undertake a project within the existing envelope of the church
and associated church hall.
'The Community Church was dedicated on March 15, 1936, replacing the First Community
Church.This structure,designed by Charles Tanner, has long been a landmark within the
neighborhood.The vernacular brick structure is finished with Gothic Revival features. The
Community Church is constructed out of grey concrete block, arranged in a most decorative
fashion.The subtle play of light and shadow across these walls must be seen to be appreciated.
Later on, Harry J. Williams, architect of La Plaza and the Camell Building and father of E.
Stewart Williams would design the northern addition.' (Palm Springs Historical Society, untitled
and undated brochure,the resource is identified as#31).
Secretary of the Interior's Standards for the Treatment of Historic Properties
As a Professionally Qualified Architectural Historian,' i have reviewed the project revisions
proposed by the sponsor and have determined that the modified and revised project would not
cause a"substantial adverse change"to this"historical resource' as it conforms to the
footprintlenvelope of the building. Additionally, the project as proposed, is consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties.
Pursuant to the City of Palm Springs Municipal Code under Section 8.05.190,the
following: Factors [are] to be considered upon application:
In reviewing and acting upon each application,the historic site preservation board shall
consider:
1. The historic value and significance, or the architectural value and significance or both, of
the structure and its relation to the historic value of the surrounding area;
2. The relationship of the exterior architectural features of any structure to the rest of the
structure itself.
3. The general compatibility of exterior design,arrangement, texture and material which is
proposed by the applicant.
4. Archaeological or ecological significance of the area.
Specifically,the proposal complies with the following treatment standards for rehabiiitalion:
Standard No. 1
A property will be used as it was historically or be given a new use that requires minimal
change to Its distinctive materials,features, spaces, and spatial relationships.
Orchid Tree Resort&Spa Project Church Project,Palm Springs, CA
2
iJ
The project is now proposed as a rehabilitation and adaptive reuse of said structure and minimal
changes, except those that require reconstruction and restoration of fire damaged areas and to
accommodate ancillary uses associated with the conversion of the church to a full service hotel.
Standard No. 2
The historic character of a property will be retained and preserved.The removal of
distinctive materials or alteration of features, spaces,and spatial relationships that
characterize a property will be avoided.
The project restores fire damaged areas utilizing materials which will match existing materials In
color,texture, size and proportion. Fenestration and exterior materials, will for the most part be
preserved and rehabilitated through a seismic retrofit.Adaptive reuse will result in changes in
the former church and assembly halls and classroom space.
Standard No. 5
Distinctive features,finishes,and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
The project seeks to respect this standard, in that, the rehabilitation and adaptive reuse will
conform to the existing envelope of the building. Reconstruction will occur in fire damaged areas
based upon existing physical evidence and historic photographs, designation materials and
drawings.
Standard No. 6
Deteriorated historic features will be repaired rather than replaced.Where the severity of
deterioration requires replacement of distinctive feature,the new feature will match the
old in design, color, texture, and where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
Historic materials will be retained where feasible. Historic doors and windows within the
Community Church will be retained and rehabilitated as well.
Standard No. 9
New additions, exterior alterations,or related new construction will not destroy historic
materials, features,and spatial relationships that characterize a property.The new work
will be differentiated from the old and will be compatible with the historic materials,
Orchid Tree Resort& Spa Project Church Project, Palm Springs, CA
3 76
features, size, scale and proportions, and massing to protect the integrity of the property
and Its environment.
The project proposes to comply with this standard by utilizing materials and construction
techniques which repair the roofing systems,cleans and restores decorative features and will be
compatible with building's historical architectural features without creating a false sense of
history.Any cuts Into the building will conform to and respect existing openings.
Only the most relevant of the nine standards are addressed above. Significant analysis of the
Standards occurred in the Chattel, Inc. Orchid Tree Resort and Spa Project on file with the
Department of Planning Services.
Integrity
Integrity Is the ability of a property to convey Its significance.To be a resource for the
purposes of CEQA, a property must not only be shown to be significant under the
California Register criteria,but it must have integrity.To retain historic integrity a
property will always possess several, and usually most of the aspects.The subject
property has retained or tacks Integrity from the period of significance noted above.
The subject property retains the seven aspects of integrity that include location, association,
design,workmanship, setting,feeling and materials. The reconstruction of this fire damaged
building will utilize appropriate materials to match existing conditions as closely as possible.
CEQA Guidelines
CEQA Guidelines Section 15331, or Class 31, provides for an exemption from environmental
review for projects limited to maintenance,repair,stabilization, rehabilitation, restoration,
preservation, conservation, or reconstruction of historical resources in a manner consistent with
the Secretary's Standards.The proposed project would meet the Secretary's Standards for
rehabilitation and therefore be exempt under Class 31.
Conclusion
We believe Thai the revised plans are In compliance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties as well as the National Park Service
guidelines for the adaptive reuse of historic structures, and as such,the rehabilitation and
adaptive reuse project)is exempt for Environmental Review as an historic resource.
Thank you in advance for your assistance with the review and findings related to this project.
Orchid Tree Resort&Spa Project Church Project, Palm Springs,CA
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Sincerely,
Vi WAFr MWI-t
Vincent Marsh, Principal 31/f lr�
Marsh and Associates
Historic Preservation Consultants
Palm Springs, CA 92262
FN #1, Vincent Marsh, Biography and Professional Qualifications Standards
Vincent Marsh,serves as the Principal of Marsh and Associates, a Historic Preservation
Planning firm working for private sector clients in the Palm Springs area and formerly in the Bay
Area. He is currently on the Architectural, Landscape and Legal Committee at the Garden Villa
at the Racquet Club, a Class 1 Historic Site in Palm Springs. In addition,Vincent is a Lead
Volunteer with the Palm Springs Modernism Committee and a Volunteer Assistant to the
Archivist at the Palm Spring Art Museum, Architecture and Design Center of which he is a
member of the Architecture and Design Council. He is also a member or the Palm Springs
Preservation Foundation. Previously he served as a consulting Senior Associate with Lerner
and Associates,Architects assigned to a number of preservation planning projects, primarily
based in San Francisco, CA.
Mr. Marsh was employed with the City of Sacramento from 1999 until 2003 as a Senior Planner
position within the Planning and Building Department, where he served as the City's
Preservation Director. His accomplishments in Sacramento included a comprehensive update of
the City's Preservation program. Under his tenure and leadership the City adopted a new
Preservation Element, a Preservation Incentives program, and a new Historic Preservation
Ordinance. He also supervised the work of four consultants who are completing a Citywide
Cultural Resources Survey,which proposed ten new Historic Districts and fifty new landmarks.
In addition, he supervised and managed the workflow and staffing of the City's nine member
Design Review and Preservation Board and the nine members Sacramento Heritage appointed
by the Sacramento City Council.
Vincent Marsh Is registered as a Qualified Architectural Historian with both the Northwest
Information Center at Sonoma State University in Rohnert Park and with the North Central
Information Center at California State University in Sacramento, CA. Mr. Marsh meets the
Professional Qualifications Standards for the Architectural History classification as found in 36
CFR Part 60 of the Federal regulations. In addition,the State Office of Historic Preservation
(SOHP) has previously determined that Mr.Marsh meets the professional qualifications as an
Historian and as a Preservation Planner during his tenure staffing two existing Certified Local
Government(CLG) programs in San Francisco and in Sacramento, CA. Finally,Vincent Marsh
Orchid Free Resort&Spa Project Church Project, Palm Springs, CA
. c8
is listed on the Register of Professional Historians(No. 589)which Is maintained by the
California Council for the Promotion of History (CCPH).
Prior to September of 1999,Vincent was employed as a Preservation Planner within the
Citywide Policy and Analysis Division of the San Francisco Planning Department where he
drafted a new Preservation Element, Implementation Program Document of the General Plan,
and a series of Preservation Briefs for the City of San Francisco.Vincent was assigned General
Plan Referrals and a comprehensive review, evaluation and update of the City's Neighborhood
Commercial Controls, which were first adopted by the City in 1987. Additionally, he also was
Involved in major planning efforts and cultural resources assessments for the Presidio National
Park,Treasure Island, Golden Gate Park, Mid-Market, Civic Center, and properties under the
jurisdiction of the Port of San Francisco and the San Francisco Redevelopment Agency. For
eight years, he served as the Secretary and the primary staff to the San Francisco Landmarks
Preservation Advisory Board. In that position he worked closely with project sponsors, property
owners, neighborhood associations and individuals on thousands of preservation related
projects in the Downtown and Citywide. He authored and recommended approvals for four
historic district nominations, scores of local landmark nominations, and undertook a major
thematic survey of 2,000 Unreinforced Masonry Buildings(UMBs)with the assistance of fifteen
A.I.A. volunteers,who also developed a set of Design Guidelines to seismically retrofit UMBs.
In years past, Vincent Marsh served as a Field Representative to the Western Regional Office of
the National Trust for Historic Preservation, and as an Agency Relations Associate/
Neighborhood Planner with United Way of the Bay Area. In Boston, Massachusetts he was
employed as an Urban Design consultant to a private firm and for six years was employed as
Executive Director of a Neighborhood Center in the North End/Waterfront area.Vincent Marsh
currently serves as a member of the Board of Directors for the Friends of 18DO Market Street,
which helped to save the historic Carmel Fallon Building in San Francisco. He recently
completed an eight-year term on the Board of Directors of the National Alliance of Preservation
Commissions,
In the recent past, he has served as Treasurer for the Northern California Chapter of the
Society of Architectural Historians. Mr. Marsh also served for a period of eight years as a
member of the Board of Directors of the California Preservation Foundation (CPF), a statewide
nonprofit preservation organization and volunteered for a number of committees and programs
of CPF.
Vincent Marsh has an undergraduate degree from S.U.N.Y. at Buffalo, a Master's Degree in
Community Organization and Planning from the University of Connecticut and a Master's
Degree in City and Regional Planning with a speclalization in Historic Preservation from Cornell
University in Ithaca, New York. His thesis,A Preservation Planning Study forth&North End
Waterfront of Boston, Massachusetts won an Urban Design Fellowship from the National
Orchid Tree Resort&Spa Project Church Project, Palm Springs,CA
i9
Endowment for the Arcs. He also attended the Massachusetts Institute of Technology, Urban
Studies Master's Program in Cambridge, MA prior to full time studies at Cornell University-
1 Vincent Marsh, Biography and Professional Qualification Standards attached for your review.
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Attachment 7
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Chattel,Inc. ) Historic Preservation Consultants
Memorandum
DATE November 2, 2015
TO Bruce McBride
Jake Jesson
New Church II,LLC
FROM Robert Chattel,AIA,President,
Gabrielle Harlan,Ph.D.,Principal Associate
Christine Mathieson,Associate
Chattel Inc.
RE Orchid Tree Resort and Spa Project
Palm Springs, California
We understand that New Church 11, LLC is proposing a development,the Orchid Tree Resort&Spa
Project(proposed project),for the property located at 264 S.Cahuifia Road In Palm Springs,
California(subject property).The proposed project entails rehabilitation and demolition of existing
buildings and new constriction.The subject property Includes previously Identified historical -
resources:the Orchid Tree Inn and a stone arch. Under the California Environmental Quality Act
(CEQA),proposed projects that may impact historical resources must be evaluated.Projects that are
found In conformance with the Secretary of the Interiors Standards for the Treatment of Historic
Properties(Secretary's Standards)are generally considered to have a less than significant historical
resources Impact or be otherwise exempt under CEQA. _
Chattel, Inc.(Chattel)is a historic preservation consulting firm based in Los Angeles,and was
retained by the developer of the proposed project, New Church 11,LLC,to consult on design and
evaluate conformance of the proposed project with the Secretary's Standards.To[his and, Chattel
performed research on the history of the subject property and participated in a design collaboration
process with the project architect,Gwynne Pugh Urban Studio,to help guide the proposed project
design toward conformance with the Secretary's Standards. These plans, collectively referred to as
the proposed project,are evaluated in detail In a historical resources evaluation report previously
prepared by our firm for New Church II,LLC dated June 6,2014(hereinafter also referred to as
"June 2014 report"--see Attachment 1).This evaluation was based on an architectural drawing set
dated March 6,2014(62 sheets),landscape plans dated May 29,2014(2 sheets),and lighting plans ?
dated May 9,2014(2 sheets),and a material board(undated, 1 sheet).There were also civil plans
prepared by Nolte Vertical Five(2 sheets).
However,since our report was first issued the design of the proposed project has undergone
several revisions In response to comments provided by the City of Palm Spring (hereinafter also
referred to as"City").Therefore,the following memo describes the most recent revisions to the
proposed project as shown in an architectural drawing set dated November 2,2015 andALwprndk
Burdge&Associates Architects(hereinafter also referred to as"revised proposed project).This y
memo provides a summary of potential Impacts of the revised proposed project as o in-the—
revised drawing set dated November 2,2015. -
November2,2015
Page 2
In an effort to provide some background for the revised proposed project,this memo also
summarizes some of the information provided in our previous June 2014 report,such as the
identification of character-defining features and a description of CEQA and Secretary's Standards
provisions related to historical resources.
Qualifications
Chattel is a full service historic preservation consulting firm based in Los Angeles.The firm
represents governmental agencies and private ventures, successfully balancing project goals with a
myriad of historic preservation regulations without sacrificing principles on either side.Comprised of
professionals meeting the Secretary of the Interior's Professional Qualifications Standards(36 CFR
Part 61,Appendix A) in architectural history and historic architecture,the firm offers professional
services Including historic resources evaluation and project effects analysis,and consultation on
federal,state and local historic preservation statutes and regulations.Chattel is committed to
responsible preservation, but recognizes that we live in a real world.Assessing effects on historic
resources requires not only professional expertise, but the ability to work effedively toward
consensus and compromise.We invite you to explore our website www.chattel.us.This memo was
prepared by firm President, Robert Chattel,Principal Associate,Gabrielle Harlan, and Associate
Christine Mathisson,all of whom meet the Secretary of the Interior's Professional Qualifications
Standards.The subject property was visited by firm President, Robert Chattel on April 5,2014 and
May 3,2014. Brief biographies follow.
Robert Chattel.AIA. President/Histork:Architect
Both a licensed general contractor and architect in California with more than 30 years'experience in
planning,design and construction, Robert Chattel's unique qualifications Include meeting the
Secretary of the Interior's Professional Qualifications Standards in architectural history and historic
architecture.Robert has experience working for non-profit,government,and for-profit entities,
Including the Los Angeles Conservancy,the Community Redevelopment Agency of the City of Los
Angeles and a private real estate developer. He holds a BA.in Architecture from U.C. Berkeley and
a M,S.in Historic Preservation from Columbia University. In 1994,he established Chattel, Inc.With
offices in Los Angeles and San Francisco, the firm works on design collaboration,environmental
review and preservation policy projects In the western United States.As President,Mr.Chattel
specializes in applying the Secretary of the Interior's Standards forth& Treatment of Historic
Properties and interpreting federal,state and local historic preservation law and regulations.Mr.
Chattel and his firm have received awards from the Cetifomla Preservation Foundation, Los Angeles
Conservancy,American Planning Association and the City of Los Angeles for projects ranging from
preservation of the Beverly Hills Waterworks(the subject of his masters thesis)to stabilization of the
Breed Street Shul in east Los Angeles and rehabilitation of the downtown Los Angeles Central
Library.
Gabrielle Harlan,Ph.D.,Principal Associate/Architectural Historian
With a Ph.D.in the History of Art and Architecture and an MA.in Architectural History(both
awarded from the University of Virginia),and a BArch.in Architecture from the University of Arizona,
Gabrielle meals the Secretary of the Interior's Professional Qualifications Standards in historic
architecture,architecture, history,and architectural history. Gabrielle's role at Chattel Includes
professional work In preparing Historic Structures Reports,researching and writing historic contexts,
and conducting architectural assessments and surveys. Prior to joining Chattel,Gabrielle worked for
more than five years as a Historic Architect for the National Park Service at Yosemite National Park.
Previously,she also worked as a Project Manager for a Phounbr,Arizona based architectural firm
called Metropolis Design Group,where she developed the historic contexts for the nomination of 24
84
November 2,2015
Page 3
properties to the National Register of Historic Places. She also surveyed areas in Clifton,Arizona
and Albuquerque,New Mexico to Identify National Register eligible properties. Gabrielle worked as
a member of a three-person team to research and develop historic contexts for two early twentieth
century neighborhoods for the 2002 Historic Chicago Bungalow initiative sponsored by Mayor
Richard M. Daley,the results of which were submitted in a Chicago Bungalow Multiple Property
Nomination to the National Register of Historic Places. Gabrielle's doctoral dissertation investigates
late-nineleenth and twentieth century American Southwest regional Imagery,while her masters
thesis was on the nationally-recognized Arizona architect,Judith Chafee.
Christine Mathieson,Associate II I Architectural Historian
Christine Mathieson is an Associate at Chattel with 12 years of diverse experience in historic
preservation,Interior design,and dient-oriented financial services. Before moving to Los Angeles,
Christine was the National Register Coordinator for the Tennessee Historical Commission(SHPO)
where she was responsible for all aspects of the National Register Program.There,she wrote
multiple National Register nominations,collaborated on tax credits projects,and reviewed projects
for compliance/Section 106. While living in New York she worked as an Architectural Historian for
DMS Consulting were she was responsible for FCCIFAAINEPAISHPO filings.Prior to DMS she
served as Edward 1. Koch Fellow at the Historic House Trust of New York City,and worked for the
Greenwich Village Society for Historic Preservation.Christine earned her undergraduate degree
from Harvard University,also studying in Florence at the Lorenzo DeMedict School,and at the
University of Saint Andrews in Scotland where she documented Scottish castles.She accepted a
fellowship to attend graduate school In Charleston,SC,where she earned an MS in Historic
Preservation from the Clemson UniversitylCollege of Charleston program. Her thesis research on
the spedfics and significance of private art galleries in Charleston and New York was used to Inform
restoration projects at the Aiken-Rhett house. Her thesis is now published as a book entilled
Ambition's Apex: The Private Art Gallery of the Aiken-Rhett House. Christine's postgraduaie
coursework includes National Park Service Historic Preservation Tax Credits workshop for SHPOs,
National Preservation Institute(NPI)seminars In Preservation Maintenance and Historic Structures
Reports,NPI Section 4(o Compliance for Historic Properties, and the Section 106 Essentials Course
given by the Advisory Council on Historic Preservation.She meets the Secretary of the lntences
Professional Quelffroatvons Standards in Architectural History.
Regulatory Setting
Summary
In the"June 2014 report that described the previously proposed project,the subject property
contained three historic resources:the Orchid Tree Inn, a stone arch,and the Palm Springs
Community Church.However,the boundaries of the revised proposed project have been revised;
therefore,the subject property now only contains two designated City of Palm Springs Historic Sites:
the Orchid Tree Inn,designated as both a Class 1 and Gass 2 Historic Site in 2010;and the stone
arch,designated as a Class 1 Historic Site in 2010.There are no historical resources on the subject
property that are listed in the National Register of Historic Places(National Register)or California
Register of Historical Resources(California Register),nor do any other buildings or features appear
so eligible. However,due to these two designations as City of Palm Springs Historic Sites,they are
considered historical resources for purposes of CEOA review.
City of Palm Sorinas
The City of Palm Springs municipal code defines a Historic Site as any real properly such as:a
building;a structure,including but not limited to archways,tiled areas and similar architectural
85
' Novamher2,2015
Page 4
elements;an archaeological excavation or object that is unique or significant because of its location,
design,setting, materials,workmanship or aesthetic effect and:'
1) That is associated with events that have made a meaningful contribution to the nation,state
or community;or
2) That is associated with lives of persons who made meaningful contribution to national,state
or local history; or
3) That reflects or exemplifies a particular period of the national, state or local history;or
4) That embodies the distinctive characteristics of a type, period or method of construction; or
5) That presents the work of a master builder,designer,artist,or architect whose Individual
genius Influenced his age;or that possesses high artistic value;or
6) That represents a significant and distinguishable entity whose components may lack
Individual distinction;or
7) That has yielded or may be likely to yield information important to national,state or local
history or prehistory.
Historic Districts are defined as: any area of the city of Palm Springs containing a number of
structures,natural features or sites having historic,architectural, archaeological,cultural or aesthetic
significance and designated as an historic district under the provisions of this chapter.
The City Council may designate one or more Historic Sites or Historic Districts by categorizing
nominated sites and districts into one of the following classifications and such other categories as
may be designated by resolution:2
• Class 1:Structure/site qualified for city designation;may be qualified at the federal,state
andlor county level.Archival file will be maintained. Structue/site may not be modified nor
objects removed without the approval of the city council; usage may be limited by the city
council to the extent that it may impair the integrity or the site. Site will be plaqued. (Intended
for use when the structure or she still exists as it did during the historical period or is
restorable).
• Class 2:She qualified for city designation; may be qualified at the federal,state and/or
county level.Archival file will be maintained.Silo is eligible for plequing. (intended for use
when the site Is not occupied by a modem structure or use which is dfferenl than that of the
historical period or if structure is unusable,nonconforming, unrestorable or the like).
• Class 3:Structure/she was constructed before 1945, or a year to be determined by the city
council,or construction date cannot be confirmed. Eligible for a six-month stay of demolition.
Action of the HSPB[Historic Site Preservatlon Board]may Include recommendation to
reclassify.All structures built prior to the subject date would be automatically so classified.
• Historic District.Qualified for city designation;may be qualified at the federal,state and/or
county level.Archival toe will be maintained and shall contain a map delineating contributing
and noncontributing structures or sites.Contributing shuctureslshes shall be subject to Class
1 regulations until such time that they may be reclassified. Noncontributing structures/sites
shall be subject to review by the HSPB before demolition or construction.A specific plan,
containing special regulations pertaining to the subject area,may be adopted for each
district.
Relationship to This Report.
'lily or Palrn Spdrps Municipal Code.00.132011,1988:Ord.114011.1981,
'City or Pi*n Springs Murkoal Code,Ord.13201 S,1g98:Ord. 1140 1 1.1981.
86
November 2,2015
Page 5
The subject property contains two previously designated Historic Sites:the Orchid Tree Inn
bungalow court(with ten buildings),and the stone arch,both of which were designated as Class 1
Historic Sites in 2010 and are located a1262 S.Cahugla Road. However,It should also be noted
that there are technically four different components of the Orchid Tree Inn designation:the Inn and
the stone arch each represent one component,but there were previously two Class 2 Historic Sites
also on the subject property. However,these had already been demolished at the time of the
designation:one was a Craftsman bungalow, located at 262 S.Cahuiga Road, which was destroyed
by fire.The other was the Premiere Apartments building designed by noted architect Albert Frey,
located at 292 S. Belardo Road.
California Realster
The California Register was established to serve as an authoritative guide to the state's significant
historical and archaeological resources(PRC§5024.1). State taw provides that in order for a
property to be considered eligible for listing in the California Register,it must be found by the State
Historical Resources Commission to be significant under any of the following four criteria; if the
resource:
1) is associated with events that have made a significant contribution to the broad patterns of
California's history and cultural heritage;or
2) is associated with the lives of persons important in our past;or
3) embodies the distinctive characteristics of a type,period,region,or method of construction,
or represents the work of an Important creative individual or possesses high artistic values;
or
4) has yielded,or may be likely to yield, information important in prehistory or history.
The California Register also includes properties which:have been formally determined eligible for
listing in,or are fisted in the National Register of Historic Places(National Register); are registered
State Historical landmark Number 770, and all consecutively numbered landmarks above Number
770;points of historical interest,which have been reviewed and recommended to the State Historical
Resources Commission for listing;and city and county-designated landmarks or districts(if criteria
for designation are determined by OHP to be consistent with California Register criteria). PRC
§5024.1 states:
g) A resource identified as significant in an historical resource survey may be listed in the
California Register If the survey meets all of the following criteria:
1) The survey has been or will be included in the State Historical Resources Inventory.
2) The surrey and the survey documentation were prepared in accordance with
[OHP]... procedures and requirements.
3) The resource is evaluated and determined by the office to have a significance rating
of category 1.5 on OPR[Department of Parks and Recreation]form 523.
4) If the survey is five or more years old at the time of its nomination for inclusion In the
California Register,the survey is updated to Identify historical resources which have
become eligible or ineligible due to changed circumstances or further documentation
and those which have been demolished or altered in a manner that substantially
diminishes the significance of the resource.
Relationship to This Report.-
The subject property is not listed In the California Register,nor does it appear eligible for listing in
the California Register.
California Environmental Quality Act fCEQA1
According to CEQA,
87
November 2,2016
Page 6
an historical resource is a resource listed In, or determined eligible for listing in,the California
Register of Historical Resources.Historical resources included in a local register of historical
resources...,or deemed significant pursuant to criteria set forth in subdivision(g)of Section
5024.1,are presumed to be historically or culturally significant for purposes of this section,
unless the preponderance of the evidence demonstrates that the resource is not historically or
culturally significant(California Public Resources Code,PRC§21084.1).
If the proposed project were expected to cause substantial adverse change in an historical resource,
environmental clearance for the project would require mitigation measures to reduce impacts.
"Substential adverse change in the significance of an historical resource means the physical
demolition,destruction,relocation,or alteration of the resource or its Immediate surroundings such
that the significance of an historical resource would be materially impaired"(PRC§15084.5(b)(1)).
PRC §15064.5(b)(2)describes material impairment taking place when a project:
(A) Demolishes or materially alters in an adverse manner those physical characteristics of an
historical resource that convey its historical significance and that justify its Inclusion in,or
eligibility for, Inclusion in the Califomia Register... or
(B) Demolishes or materially alters in an adverse manner those physical characteristics that
account for Its Inclusion in a local register...or its identification in an historical resources
survey... unless the public agency reviewing the effects of the project establishes by a
preponderance of evidence that the resource is not historically or culturally significant;or
(C) Demolishes or materially alters those physical characteristics of an historical resource that
convey its historical significance and that justify its inclusion in,or eligibility for,inclusion in
the CalWomia Register... as determined by a lead agency for the purposes of CEQA.
Relationship to This Report:
The Orchid Tree Inn bungalows and the stone arch have presumptive significance under the
CEQA statute based on substantive evidence contained in Class 1 documentation supporting
local designation and in this report.Thus,the subject property contains Identified historical
resources for purposes of CEQA review. It should be noted,however,that the Class 2 local
designations attached to the two buildings now demolished are not historical resources for the
purposes of CEQA.
California Historical Butidino Code(CHBC)
Defined In Sections 18950 to 18961 of Division 13,Part 2.7 of California's Health and Safety Code,
the CHBC exists to preserve California's architectural heritage by recognizing unique construction
issues Inherent in maintaining and rehabilitating historical resources.The CHBC provides alternative
building regulations for permitting repairs,alterations,and additions necessary for preservation,
rehabilitation,relocation,related construction,change of use,or continued use of a"qualified
historical building or structure."
Section 18955 of the CHBC defines such a"qualified historical building or structure"as follows:
Any structure or property,collection of structures,and their associated sites deemed of
importance to the history,architecture,or culture of an area by an appropriate local or state
governmental jurisdiction. This shall Include structures on existing or future national,state or
local historical registers or official inventories,such as the National Register of Historic
Places,State Historical Landmarks, State Points of Historical Interest,and city or county
registers or inventories of historical or architecturally significant sites,places,historic
districts,or landmarks.This shall also include places,locations, or sites identified on these
historical registers or official Inventories and deemed of importance to the history,
architecture,or culture of an area by an appropriate local or state governmental jurisdiction.
88
November2,2015
Page 7
Relationship to This Report:
The subject property contains qualified historical buildings and is eligible for use of the CHBC.
National Realster of Historic Places
The National Register is the nation's official list of historic and cultural resources worthy of
preservation.Authorized under the National Historic Preservation Act of 1966,as amended,the
National Register is part of a national program to coordinate and support public and private efforts to
identify,evaluate, and protect the country's historic and archaeological resources. Properties listed
In the National Register Include districts,sites,buildings,structures,and objects that are significant
in American history,architecture,archaeology,engineering,and culture.The National Register is
administered by the National Park Service(NPS),which is part of the U.S.Department of the
Interior.
Resources are eligible for the National Register If they:
A) are associated with events that have made a significant contribution to the broad patterns of
our history;or
8) are associated with the lives of significant persons in or past;or
C) embody the distinctive characteristics of a type,period,or method of construction, or that
represent the work of a master,or that possess high artistic values,or that represent a
significant and distinguishable entity whose components may lack individual distinction;or
D) have yielded or may be likely to yield,information important in history or prehistory.'
Once a resource has been determined to satisfy one of the above-referenced criteria,then it must be
assessed for*integrity.'Integrity refers to the ability of a property to convey its significance, and the
degree to which the property retains the identity, including physical and visual attributes,for which it
is significant under the four basic criteria listed above.The National Register recognizes seven
aspects or qualifies of integrity:location,design,setting,materials,workmanship,feeling, and
association.To retain its historic integrity,a property must possess several,and usually most,of
These aspects.
The National Register includes only those properties that retain sufficient integrity to accurately
convey their physical and visual appearance from their identified period of significance. Period of
significance describes the period in time during which a property's importance is established. It can
refer simply to the date of construction,or it can span multiple years,depending an the reason the
property is important.The period of significance is established based on the property's relevant
historic context and as supported by facts contained In the historic context statement.
Evaluation of integrity is founded on'an understanding of a property's physical features and how
they relate to its significance."'A property significant under criterion A or B may still retain sufficient
Integrity to convey its significance even If it retains a low degree of integrity of design, materials or
workmanship.Conversely,a property that derives its significance exclusively for its architecture
under Criterion C must retain a high degree of Integrity of design, materials,and workmanship.For
some properties,comparison with similar properties is considered during the evaluation of integrity,
especially when a property type is particularly rare.
While Integrity Is important in evatuating and determining significance,a property's physical
condition,whether It is in a deteriorated or pristine stale, has relatively little influence on its
significance.A property that Is in good condition may lack the requisite level of integrity to convey its
'Naflanai ReaBler BuWn/15,'How to Apply the Nalionar Register Crxeda for Ewhedon'(NaUaul Park service,1990,
revised 20a2).
`National Repislx Buildn 015,How toAp*pre NarknN Register Creech rorEwkAYM(National Park service,199fr,
revised 2oa2).
89
November 2,2015
Page a
significance due to alterations or other factors.Likewise, a property in extremely poor condition may
slit retain substantial integrity from its period of significance and dearly convey its significance.
Relationship to This Repel:
The subject property is not listed in the National Register,nor does it appear eligible for listing in the
National Register.
Character-Defining Features
Chattel previously prepared a June 2014 report for New Church lit, LLC. Much of the following is
summarized from information provided In that document.
The site of the proposed Orchid Tree Resort& Spa Project contains two designated City of Palm
Springs Historic Sites:the Orchid Tree Inn(or"Inn")and stone arch, designated as Class 1 and
Class 2 Historic Sites in 2010. Both are considered historical resources for purposes of CEOA
review.The first historic resource—the Orchid Tree Inn—comprises ten existing Spanish Colonial
Revival Style bungalows,which are located In the southeast quadrant of the proposed project site.
The second historic resource,the stone arch,is currently located to the north of the the Palm
Springs Community Church building.Previously.the Church,a Class 1 Historic Site designated in
1989 which is located to the southwest of the proposed project site,was Included in the project site.
It has since been omifted from the plan.A more thorough discussion of this change and others is
discussed in the below"Revised Proposed Project Review'section.
With respect to the ten existing bungalows that comprise the Orchid Tree Inn and according to Palm
Springs City Council Resolution No.22819 designating the Orchid Tree Inn as a Class 1 Historic
Site,the"defining historic characteristics'of the Orchid Tree Inn are as follows:
• The grouping of the cottages around a central courtyard.
• The presence of 10lodging units.
• One-story with wide overhanging eaves.
• Projecting rafters and an Informal plan to the common area.
• Clay barrel file roof,wooden doors, and casement windows.
With rasped to the stone archway located to the north of the Church building,and according to the
Palm Springs City Council Resolution No.22519 which found that it meets the standards for Class 1
Historic Site designation,its defining historic characteristics are as follows:
• Hand cut stone.
• Hand4x ift mortared and stone archway.
• Remaining example of early twentieth century rural development.
Revised Proposed Project Review
Introduction
The proposed project involves redevelopment of the project site as a new hotel that incorporates
existing buildings of the Orchid Tree Inn(hereinafter also referred to as"Inn').Our previous June
2014 report for New Church 11,LLC described the proposed changes to the site in detail.Therefore,
for the purposes of this memo,only the significant changes between the earlier proposed design and
the revised proposed project,as of November 2,2015 are described here,with a brief summary of
the earlier design and the revised proposed design provided for each significant change.
np
November 2,2015
Page 9
Previously,our report evaluated the construction of a new,five-story,L-shaped hotel building with
guest rooms and pool area.However,this plan was significantly revised as of the architectural
drawing set dated November 2,2015,in response to City concerns.The most notable changes from
the previously proposed project are:
• the building massing has been substantially reduced to two stories above the parking garage
level
• the Palm Springs Community Church parcel has been removed from the plan,resulting In a
simpler L-shaped site just incorporating the hotel and bungalow court.
• the rear(northernmost)two bungalows are no longer attached to the hotel units. In the
current plan,there Is now a breezeway between the two northern units and the hotel to the
north.
• A 12'x60'pool and a 12'xl2' spa is now located In the center of the bungalow court.The
entire bungalow court Is enclosed from the street by a?-high wall that serves to prevent
access from the street to the pool area. Each bungalow patio is enclosed with a 5'high steel
post fence that serves to create a physical barrier between each bungalow and the pool ,
while also allowing the courtyard to retain its historically open appearance.The choice by the
design team to utilize a steel post fence,rather than a solid wall,at the location of each of
the bungalows also helps the courtyard to retain a visually open quality.
• Bungalow parapets,walls,and chimneys are now topped with Mission Ole,in Neu of the less
historically appropriate trick shown In previous iterations of the design.
• The stone arch has been relocated to the west of Bungalow#5, where the wall abuts the
Church property. This new location is highly appropriate as it will allow the arch to have a
continuing functional use, not simply existing as a non-functional decorative element on the
landscape as it might If located elsewhere on the project site.
• The solid perimeter wall on Baristo was signed so that it is now symmetrical with the wall on
the opposite side of the entrance;this change will also help tie in the new walls with the
existing church wall more gracefully.
• The breezeway between the northem bungalows(#5 and fib in current plans)was covered
With a roof.This is a positive change,as this will give the breezeway space a look that is
similar to what was there historically.
• A sold wall was added on the east wall of Bungalow#5 so that it now mirrors the termination
of Bungalow A.Additionally the covered breezeway now continues in an L-shape over the
top of Bungalow#5's south patio.Visually this makes Bungalow#5 and#6 more symmetrical
on the south elevation.
• The gate with entry to the patio of Bungalow#5 was relocated to support the breezeway roof
and altered to a solid wag.This will contribute to making the breezeway roof more similar to
its historic appearance. It will also eliminate an awkward and asymmetrical opening where
the Breezeway abuts Bungalow#5,and previously was left open.The gate was also moved
to the south so that It Is located on the east wall of the uncovered portion of the patio,within
the steel picket fence.The gate In the previous plan was located In an awkward position
opening right into the door to the bungalow.
• The solid patio wails,to the east on Bungalow#6 and to the west on Bungalow 95 were inset
from Bungalows#7 and#4,respectively,so that there Is greater differentiation and openness
between the buildings and the patios.
• On the south elevations of Bungalows#5 and#6, steel picket fences were added Instead of
solid patio wafts facing the bungalow court pool and spa. This will allow for a more open,and
historically appropriate,appearance.
The following describes the revisions to the previously proposed project in detail, and evaluates
conformance with the Secrelary's Standards.
91
November 2,2015
Page 10
Palm Springs Community Church—Pr000sed Alterations
The plan has been revised to exclude the Palm Springs Community Church from the project area.
The current project area,as described in the revised proposed project,only incorporates the L-
shaped Orchid Tree Motel property.
Orchid Tree Inn—Proposed Alterations
Previously,our June 2014 report evaluated the proposed addition of second Doors to the two rear
(northernmost)bungalows in the grouping of ten.All of the ten bungalows that comprise the Orchid
Tree Inn are currently one-story. In that report,we described how the new second floor would step
back a full bay from the first floor parapet,working to distinguish the new construction from the
existing buildings,and interpreting the fact that the buildings were historically only one-story.We
also described how the overall mass and scale of the addition would work well in the context of the
larger project,as it would provide a visual transition by allowing the bungalows to"step-up"to the
new five-story L-shaped hotel building that was proposed at that time.We also described how the
second floor addition would be contemporary in style with exterior walls incorporating contemporary,
perforated aluminum panels, stainless steel bar railings for terraces,aluminum storefront system
doors,and a flat aggregate roof.We also described how the modest intentional opposition would
help to integrate the Spanish Colonial Revival style bungalows with the contemporary architecture of
the new buildings and additions that were part of the larger proposed project. Finally,we described
how we believed that this was an appropriate intervention as these two bungalows had seen the
most inappropriate change of the ten in the grouping,as they were substantially altered at some
point in time—the northeast bungalow was altered to become the office and reception area for the
Inn,and the northwest bungalow had a substantial addition to the north.
Since we issued the June 2014 report,the proposed project has been revised so that there are no
longer second-Door additions being proposed to the two rear(northernmost)bungalows,in which the
two modified bungalows would then`step-up"to a new five-story L-shaped hotel building. Instead,
the massing of the new proposed hotel building is dramatically reduced to two stories over the
garage level,making such a transition unnecessary. Like the previous proposed design,the revised
proposed design also calls for demolishing these two rear bungalows and rebuilding them,but not as
an addition to the hotel building as previously proposed;additionally,the bungalows will be rebuilt on
their existing footprints.This treatment is much simpler than previous plans,and has less of an effect
on the historic integrity of the bungalow court.As stated In the June 2014 report and in the March
2016 memo,these two bungalows are the most substantially altered of the ten In the grouping,and
the demolition and rebuildkV of them on the same footprint is acceptable.In our previous report,we
described how they were the most altered of the bungalow grouping as they"have seen the most
Inappropriate change,becoming the office and the reception area for the Inn"(p.a).The November
2,2015 plans have opened up the space surrounding these two bungalows,allowing for a
breezeway between them that leads to the new hotel building to the north.As designed in the
revised proposed project,the building footprint of the Inn will continue to maintain its historic footprint
as a grouping of ten bungalows. It will provide hotel units in the same location as they were located
historically,while also maintaining the important sense of enclosure and termination to the courtyard
that the two modified bungalows have provided historically.
Additionally,a 12'x60'pool and a 12'x12'spa are located in center of the bungalow court.We
recommended after the October 15,2015 drawings that the perimeter fence enclosing the pool be
removed from the plan,and in Its place there are now steel post fences around each individual
bungalow's patio.This visually opens the space surrounding the pool,making the space more akin
the openness of the courtyard historically.
92
November2.2015
Page 11
Similar to the manner In which the new hotel building relates to the historical resources elsewhere on
the site,the contemporary architecture of the new hotel building will provide Intentional opposition
from the historical style of the Spanish Colonial Revival bungalow court,dearly distinguishing the
new from the old.This new south fagade of the new hotel building also serves to provide a
contemporary interpretation of the historic footprints of the two bungalows it Will replace.This south
fagade is also distinguished from other parts of the new hotel by its stark simplicity,which helps to
accentuate the importance of the historic architecture as the focal point of the courtyard setting.The
pod located in the courtyard of the new hotel contains a pool and spa,dearly reflecting the historic
bungalow court. Similarly,the color scheme will tie in the new hotel from the historic bungalow court,
but the more stark modem design of the new constriction will allow for clear differentiation from the
new to the rid.
The 6dstina Stone Arch—Proposed Location
The June 2014 report described how the existing stone arch appears to have been recently
reconstructed.Nevertheless,it was identified as a Class 1 Historic Site in 2010. In that report,we
described how the proposed project would ensure that It was retained in a manner that would
preserve Its existing materials by relocating it within the proposed project. Previously,it was
proposed to be relocated in front of the center of the south elevation of the east-west arm of the new
hotel building. It Is our understanding that in subsequent design Iteration,the stone arch was
proposed to be located In the fire pit area,but that this location was not considered as ideal as other
potential locations on the site by the City.
In the revised proposed design dated November 2, 2015,the stone arch has been relocated to the
west of Bungalow#5,where the wall abuts the Church properly. This new location is highly
appropriate as it will slow the arch to have a continuing functional use,not simply existing as a non-
functional decorative element on the landscape as it might If located elsewhere on the project she.
Conformance
As stated above,the proposed project should conform with the Secretary's Standards. Under CEQA,
effects on historical resources resulting from a project found In conformance with the Secretary of
the Inferior's Standards for Rehabilitation and Guidelines forRehabtlitation(Secretary's Standards)
are generally considered mitigated to a less than significant level or exempt,as provided in CEQA
Guidelines§15064.5(b)(3). The Secretary's Standards include four treatments;the appropriate,
overarching treatment for this project Is rehabilitation,which is defined as'the ad or process of
making possible a compatible use for a property through repair,alterations,and additions while
preserving those portions or features which convey Its historical,cultural,or architectural values."s
The rehabilitation standards are:
1. A property will be used as it was historically or be given a new use that requires minimal
change to its distinctive materials,features,spaces,and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of
distinctive materials or alteration of features,spaces,and spatial relationships that
characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time,place,and use.
Changes that create a false sense of historical development,such as adding conjectural
features or elements from other historic properties,will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be
retained and preserved.
'Kay D.weeks,'The Secraary of the Interiors Standards for the Treatment of Historic Roperees Wih GWdekm for
Preserving,Rehabligr4,Reslakte 6 Reconstmcft Histode RWWfrrgs'(National Park Servke.IM).
93
November 2,2015
r Page 12
5. Distinctive materials,features,finishes,and construction techniques or examples of
craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather then replaced. Where the severity of
deterioration requires replacement of a distinctive feature,the new feature will match the
old in design,color,texture,and,where possible,materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments,If appropriate,will be undertaken using the gentlest
means possible. Treatments that cause damage to historic materials will not be used.
S. Archeological resources wig be protected and preserved in place. If such resources
must be disturbed,mitigation measures will be undertaken.
9. New additions,exterior alterations,or related new construction will not destroy historic
materials,features,and spatial relationships that characterize the property. The new
work will be differentiated from the old and will be compatible with the historic materials,
features,size,scale and proportion,and massing to protect the integrity of the property
and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a
manner that,if removed in the future,the essential farm and integrity of the historic
property and its environment would be unimpaired.
There Is currently only one character-defining feature that is somewhat affected by the proposed
project.This is in respect to the ten existing bungalows that comprise the Orchid Tree Inn,two of
which are proposed to be demolished and rebuilt. One of the identified character defining features of
the Orchid Tree Inn is currently*the grouping of the cottages around a central courtyard." Another is
"the presence of 10 lodging units."However, as our previous report described,the two northernmost
bungalow units are currently the most altered of the grouping, and they will be demolished and
rebuilt on their existing footprints.We do not believe this Is a significant impact to the property since
the two units will be rebuilt on their existing footprints.This will ensure both that'Ihe grouping of the
cottages around a central courtyard"and'the presence of 10 lodging locations'is retained.
Conclusion
The November 2,2015 plans,which have been dramatically scaled back and simplified since the
last time that we reviewed plans for the proposed project in June 2014,are in conformance with
Secrelmy's Standards.
Respectfully submitted,
CHATTEL,INC.
By:
obert Jay h el MIA,President
94
Attachment 8
95
David Newell
From: Steve Huffman 4seilapartments@gmail.com>
Sent: Thursday, March 03,2016 6:17 AM
To: David Newell
Subject: Orchid Tree
Attachments: Orchid Tree Public Notice 3.3.2016.pdf
David:
If you remember,I am the HOA President of the St. Baristo Condominiums which is on Cahuilla
directly next door to the Orchid Tree parking areas on the west side of the street. Please incorporate
the enclosed letter of support into the Planning Commission correspondence. Please note some of the
conditions within a maintenance agreement we have with Mr.Weintraub that should be incorporated
as conditions of said approval on your end
Please confirm your receipt. Thank you.
Steve Huffman
Mobile: 61g-947-7878
96
win
March 2, 2o16
David Newell, Palm Springs City Planner
32oo E. Tahquftz Canyon Way
Palm Springs,CA 92262
RE: Orchid Tree Church Development
David:
The Orchid Tree Church and property has a very direct impact on the St Baristo
Condominiums to the west as the parking area along Cahuilla which is part of the
church property and is directly in front of many of our homeowners. The parking
area abuts the common areas of our community and these spaces were designed
similar to the design of St Baristo. Additionally,our homeowner association
has been maintaining these parking spaces for over ten years since the
construction of St. Baristo.
The Planning Commission should be aware of the fact that our community has
entered into a written maintenance agreement of said parking spaces. In our
agreement, Mr.Weintraub has agreed to the following as it relates to these
spaces:
"Developer will maintain the parking areas,pavers,asphalt,curbs,gutters,
concrete,other hard surfaces or similar features of the Maintenance Area(and
street,if required to do so)in a clean and orderly fashion and will undertake its
best efforts to minimize noise and nuisances to HOA's homeowners from its use
of such areas. Without limiting the generality of the foregoing, Developer will
limit use of Maintenance Area to valet parking,if any,and will not allow the
Maintenance Area to be used for construction related parking,or for deliveries,
or for other non-passenger vehicle parking. Additionally,no bus parking of any
size is allowed"
Our community was pleased when the entire Orchid Tree project was scaled
down to be a remodel of the existing facilities. We have reviewed the revised
plans completed just this week and we are in support of the revised plans in
keeping with the original design and theme of the church buildings.
Sin y,
•e Hu ffm n, ident,St Baristo HOA
97
October 29, 2015 RECEIVED
Architectural Advisory Committee 00V 0 3 2015
City of Palm Springs PLANNING SERVICES
DEPARTMENT
3200 East Tahquitz Canyon Way
Palm Springs,Ca.92262
Attention: Gary Fredicks Chair, Kenny Cassady Vice Chair
cc: Flinn Fagg AICP
Subject: New Church LLC for major architectural application to renovate and modify
existing structures for 52-unit hotel off of Balardo Road and Baristo Road (case3.0678
MAJ)
Reference Palm Springs meeting agenda Oct. 26th 2015.
1 am an owner of a condominium located at 285 S. Cahuilla Road, Palm Springs,which is
part of the St.Baristo condominium complex.
We have been looking at a burnt so-called historic church for 3 years. We have written
letters to the City,have attended planning meetings regarding development of the subject
property by Mr. Wientraub when he was trying to build 104 units without ample parking
and have continued to ask the City as to how long we the owners along Cahuilla and the
Tennis Club neighborhood have to look at this burnt church structure.
We were told the City was working with Mr.Wientraub for the redevelopment of this
property and when approved (told this year) he would be renovating the burnt church.
Now after reading the latest proposal for Mr.Wientraube,this proposal conveniently
leaves out any modifications,improvements' etc to the burnt church.This is unacceptable.
Any re-development of this property must include the renovation of the church and if not
at least the complete demolishment of the existing burnt structure.
Three long years of looking at this burnt mess across the street is enough.We have been
told a year ago that the city lawyers were working on placing a limit on how long a
structure like this could remain in it's damaged state.
98
I'm all for renovation and will gladly give my support to the re-development of this
property but it must also include plans for the church renovation.
Please let me know that you acknowledge receipt of this letter and it will be entered into
the minutes on any further discussions regarding the subject property.
Bestregards
4
R. C. Kasper
4 �
Historic Tennis Club Neighborhood Organization
Palm Springs, California
RECEIVED
July 20,2015 JUL 2 12015
P pEPNG SERVIC"
David Ready ARTMENT
Palm Springs City Manager
3200 E Tahquitz Canyon Way
Palm Springs,California
Re:The Orchard Tree Renovation
Dear Mr. Ready,
We are extremely happy with the revised plans of developer Richard Weintraub for the
renovation of the Orchid Tree Hotel. His new plans are to restore existing buildings and
rebuild ten burned out units along Belardo Road,bringing the total number of units back to
the formerly existing 56 units.
It appears that the existing codes do not allow for this,but do allow for an appeal to the
Planning Commission. Whatever changes it takes,this renovation is what would not only
restore the Orchid Tree to its original glory,but take it to a whole new level. Both our
neighborhood and the city at large would greatly benefit from eliminating the present
eyesore.
This also draws attention to the unfriendliness of the present ordinances for historic
preservation by only allowing an unrealistic time frame for rebuilding burned out buildings
and by not allowing any rebuilding of historic properties if more than 50% is destroyed.
Thus, if a major earthquake or fire would hit our town,our unique character could never be
restored.
We recommend that our ordinances be revised at the earliest possible time to allow for
rebuilding of any historic property regardless of how much has been destroyed,eliminating
any unrealistic time frame,and allowing the existing density and setbacks to be
maintained.
We must also mention that in exercising patience and not tearing down La Serena,we can
look forward to a beautifully restored$6,000,000 project which is now in the planning
stage. Meanwhile,we must do everything in our power to assist and facilitate
Mr.Weintraub,who is trying to be a public-spirited developer and wishes to do the right
thing for our city.
The Historic Tennis Club Neighborhood Board
100
Attachment 9
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Orchid Tree:Pre-Development&Entitlement Rhaddr,
OS/30/17
ID ask Name ;Duration Start Finish Ju 1 OMber ll 1 January 21 :NlI .August ll November 21 March 'lunell tembM2l Janw 1 A ri111 July 21 Novemberl
6119 9 25 ll 13 ]1 19 T 419 S/19_7/16_9[3_ 10/22}2/30 V28 3/IB '�5 6 24 8 12 9 30 1 IB 24 4 14 6 2�]121 918 ID/27 12/15
1 Operator Negotiations 333 days Mon Fri 10/13/17i Operator Nagot Miens
11/24/26 I 11/14 10113
2 Planning Commission 0days Mon 11/14/16 Mon 11/14/16'.. Planning Commission Approval II,
Approval ';..,. 11114 11/14
3 Operator Explorations 144 days Mon 22/14/16 Fri 4/7117 0 errtm Explorations I',
11/M 4p
4 LOI Negotiations 84 days Fri 417/17 Fri 6/30/17 LO Nego Miens
4/7 6130
5 Franchise Agreement 122 days Fri 6/30/17 Mon 10/30/1711 Fr+I chi Agreement Negotiations
Negotiations '�, 6'/30 10/30
6 Working Drawings 420 days Mon Mon Working Urawinga
10/30/17 12/24/19 ''; 10/30 12/24
7 Operator Design 93 days Mon 10/30/17 Wed 1131/18 operator Design Tweaks
Tweaks 10/3D 1/31
8 Schematic Drawings 96 days Wed 1/31/18 Mon 5/7118 5ch matk Drawings
1/31 S/7
9 Design Development 100 days Mon 5/7/18 Wed 8/IS/18 Design velopment Drawings
Drawings s/7 B/IS
SO Construction Drawings 131 days Wed 8/15/19 Mon 12/24/18 struction Drawings
BAS 2124
11 '.Shell and Core Permit& 314 days Tue 12/25/18 Mon 11/4/19 Shell and Core Paint&Plan Check
--Plan Check 12/25 11/4
12 Plan Check 24 days Tue 12/25/18 Fri 1/18/19 Plan Check
12/25 1/18
13 Revisions 38 days Fri 1/18119 Mon 2/25/19 R sons
1/15 2/25
14 Backcheck 21 days Mon 2/25/19 Mon 3/18/19 B ack
2125 3/18
SS Revisions 37 days Mon 3/18/19 Wed 4/24/19 ' Be inn,
3/16 4/24
16 Backcheck 29 days Wed 4/24/19 Thu 5/23/19 xj
eLlwCk
4/14 —�iJS/13
17 Receive Building 0days Thu 5/23/19 Thu 5/23/19 Receive guilt Ng Permit
Permit 5/23 5/23
38 Pre Construction 161.38 Thu 5/23/19 Thu 10/31/19 Pr construction Services
Services days 5/23 10/31
19 Ground Breaking 0days Man 12/4119 Mon 11/4/19 Ground Break ng Ceremony
Ceremony, 11/4 11/4
N I
Fpl.
� I
Joan Bove Forrer
Michael E. Guerra, Esq.
r. , 457 West Arenas Road
" I `�` Palm Springs, CA 92262
8 5-455-4982
2817 JUL I ? PM 2. 00
I FI4L u ;i ut a ; _Ir July 17, 2017
Hand Delivered
Mayor Robert Moon, Mayor Pro Tern Ginny Foat, Councilmember Chris Mills,
Councilmermber Geoff Kors, Councilmember J.R. Roberts
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Support for the Extension of the Hotel Incentive Program Deadline for
Commencement of Construction for the Orchid Tree Hotel Project -
Agenda Item 5.A. - July 19, 2017 City Council Meeting
Dear Mayor Moon, Mayor Pro Tern Foat and Councilmembers Mills, Kors and Roberts,
Ms. Forrer and I are writing to voice our unqualified support for extending the Hotel
Incentive Program construction deadline for the Orchid Tree Hotel project (Agenda Item
5.A.). We live in the Historic Tennis Club neighborhood on West Arenas Road three short
blocks from the hotel project site. We often drive by the burnt out church and the blight of
the other buildings on the property.
The developer, New Church II (Richard Weintraub), has worked closely with the
neighborhood to develop a project that has strong neighborhood support. The City should
do all it can to aid this deserving project and to get the project going and keep it on track. It
would be a shame for the City to jeopardize this project and all the work the neighborhood
and the developer have put in. The reasons described in the Staff Report for why the
project will not meet the original construction deadline are reasonable, fact based, and
understandable. This has been a complicated project from the beginning because of the
historic nature of the site and the intent of the developer, with neighborhood support, to
maintain the historic nature and feel of the project as much as possible.
Ms. Forrer and 1 urge you to grant the Orchid Tree Hotel project an extension of the
Hotel Incentive Program deadline for commencement of construction.
Sincerely,
FnBove Forrer Michael E. Guerra, Esq.
cc:
David Ready, Esq., Ph.d, City Manager, City of Palm Springs
Edward Z. Kotkin, Esq., City Attorney
THE HISTORIC TENNIS CLUB
NEIGHBORHOOD ORGANIZATION
611 S. Palm Canyon Dr., Box No. 7220
Palm Springs, CA 92262 r 4 toE I`a J
htcno.communication@gmail.com f F FA
2017 JUL 17 PM 2: 00
Hand Delivered {�+
lip f"IUL
July 17, 2017
Mayor Robert Moon, Mayor Pro Tern Ginny Foat, Councilmember Chris Mills,
Councilmermber Geoff Kors, Councilmember J.R. Roberts
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: The HTCNO Board of Directors Supports the Extension of the Hotel Incentive
Program Deadline for Commencement of Construction for the Orchid Tree
Hotel Project-Agenda Item 5.A. -July 19,2017 City Council Meeting
Dear Mayor Moon, Mayor Pro Tern Foat and Councilmembers Mills,Kors and Roberts,
The Board of Directors of the Historic Tennis Club Neighborhood Organization urges the
City Council grant the Orchid Tree Hotel project an extension of the Hotel Incentive Program
deadline for commencement of construction.
This is a deserving project and will be a great benefit to our neighborhood. We urge the City
Council to do all it can to move this project along. The neighborhood has been burdened
with the blight of the burned church and disrepair of the other buildings too long for the City
to undermine the viability of the project at this point.
We respectfully request your approval of the extension of the Hotel Incentive Program
deadline for commencement of construction for the Orchid Tree Hotel.
Sincerely,
The Board of Directors of the Historic
Tennis Club Neighborhood Organization
cc:
David Ready, Esq., Ph.D., City Manager
Edward Z. Kotkin, Esq., City Attorney