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HomeMy WebLinkAbout24187 RESOLUTION NO. 24187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY IN SECTION 14. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. On December 15, 1998, the City Council of the City of Palm Springs ("City") and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe's final approval and authority over projects on Tribal land. B. On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977 with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement ("Agreement"). C. On January 11, 2017, the Tribe submitted a Project Report to the City for the Vision Agua Caliente Master Plan, allowing for the redevelopment of an 18-acre consolidated parcel, including the existing Spa Resort Casino ("Project"). D. The Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement. E. On March 1, 2017, the City Council conducted a public hearing and considered the matter, including the Project Report, the Tribal Environmental Impact Report, the Administrative Review, the Conformity Report, related exhibits, and public testimony. F. The City Council has concluded that based on the information presented, the following issues merit further discussion with the Tribe: 1) Build-out of all development anticipated under the Project will result in the need for additional Police Department personnel and equipment. 2) Development of the Project will required additional Fire Department personnel, equipment, and facility space. Resolution No. 24187 Page 2 3) The Project would allow a hotel height of up to 175 feet, which exceeds the allowable 100-foot height limit specified in the Section 14 Specific Plan. 4) The Project would provide 37% open space, which does not meet the 40% open space requirement specified in the Section 14 Specific Plan. 5) The number of parking spaces proposed for the Project does not conform to the minimum number of spaces required by the Section 14 Specific Plan. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Administrative Review and Conformity Report, dated March 1, 2017, including the suggested Conditions of Approval contained in Exhibit "A" and made a part thereto, is hereby approved and staff is directed to transmit the Administrative Review and Conformity Report to the Tribe. SECTION 2. Pursuant to Section 7 of Agreement #1324A, the City Council hereby requests to waive the Joint Meeting with the Tribal Council to discuss the Administrative Review and Conformity Report, and instead has requested that a City Council Ad Hoc Subcommittee be formed to work with Tribal Staff and City Staff on issues related to the Master Plan project. ADOPTED THIS 1ST DAY OF MARCH, 2017. David H. Ready, Esq., P City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24187 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24187 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 1, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk RESOLUTION NO. 24187 EXHIBIT A Case 5.1410 — Conformity Report Vision Agua Caliente Master Plan March 1, 2017 RECOMMENDED CONDITIONS OF APPROVAL The recommended conditions below are provided by the Director of Planning Services, the Director of the Building & Safety Department, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition. PLANNING DEPARTMENT CONDITIONS PLN 1 . Project Description and Reference Documents. These recommended conditions are for the project described as the Vision Agua Caliente Master Plan, per Case 5.1410, and as described in the Project Report submitted in conjunction with this application. PLN 2. Phased Development and Future Entitlements. It is acknowledged that the development allowed under the Master Plan will proceed in phases. It is recommended that a Project Report be submitted to the City for each phase of the development and processed in accordance with Agreement#1324A. PLN 3. Building Height Overlay. It is recommended that the height of the hotel be limited to 100 feet in accordance with the Section 14 Specific Plan. The massing of the hotel may be divided into two towers in order to comply with the 100400t height limit. Should the Tribal Council approve the Master Plan as proposed with a hotel tower height of up to 175 feet, it is recommended that the Section 14 Specific Plan be amended to reflect the increased height prior to entitlements for any building in excess of what the plan currently allows. PLN 4. Open Space Requirement. The open space as proposed under the Master Plan does not meet the Section 14 Specific Plan requirement; it is recommended that the Tribal Council make specific findings to justify the decrease in open space. As an alternative, it is recommended that the use of pedestrian plaza areas, paseos, and outdoor dining areas be investigated for each phase of the development as a means to satisfy open space requirements. Exhibit A— Conditions of Approval Resolution No, 24187 March 1, 2017 PLN 5. Parking. The number of parking spaces proposed under the Master Plan does not meet the requirements of the Section 14 Specific Plan. It is recommended that a Specific Parking Plan be approved by the Tribal Council, or that the surface parking areas which are owned by the Tribe north of Amado Road be encumbered as part of the development. PLN 6. Water Efficient Landscaping Conformance. It is recommended that the project conform to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. PLN 7. Streetscape Requirement. It is recommended that the streetscape installed with the various phases of the project be provided in conformance to the requirements of Chapter 5 of the Section 14 Specific Plan. PLN 8. Ad Hoc Subcommittee. A City Council Ad Hoc Subcommittee (Moon, Mills) is hereby created to work with Tribal staff and City staff to resolve issues relative to development standards and the provision of public safety services for the Master Plan project. POLICE DEPARTMENT CONDITIONS POL 1. It is recommended that the applicant shall comply with Section II of Chapter 8.04 `Building Security Codes" of the Palm Springs Municipal Code. ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. It is recommended that any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 2. It is recommended that Agua Caliente Band of Cahuilla Indians (ACBCI) 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. ENG 3. It is recommended that master planned roadways shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City. ENG 4. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian 2 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. AMADO ROAD ENG 5. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. CALLE EL SEGUNDO ENG 6. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced ANDREAS ROAD ENG 7. Applicant shall submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department for review, the plans shall demonstrate how existing utilities are to be protected and/or relocated and also how vehicular and pedestrian access will be modified. ENG 8. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. CALLE ENCILIA ENG 9. Applicant shall submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department for review, the plans shall demonstrate how existing utilities are to be protected and/or relocated and also how vehicular and pedestrian access will be modified. ENG 10. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. TAHQUITZ CANYON WAY ENG 11. Applicant shall submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department for review, the plans shall demonstrate how existing utilities are to be protected or relocated and also how vehicular and pedestrian access will be modified. 3 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 ENG 12. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. INDIAN CANYON DRIVE ENG 13. Applicant shall submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department for review, the plans shall demonstrate how existing utilities are to be protected and/or relocated, vehicular, pedestrian and signal modifications. ENG 14. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 15. It is recommended that on-site bay parking in commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. ENG 16. It is recommended that the minimum pavement section for all on-site pavement (specify drive aisles, parking spaces, etc.) 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. GRADING ENG 17. It is recommended that a Precise Grading Plan prepared by a California registered Civil engineer be submitted to the Agua Caliente Band of Cahuilla Indians (ACBCI) Engineering Division for review and approval. It is recommended that the Grading Plan be approved by the Agua Caliente Band of Cahuilla Indians (ACBCI) prior to issuance of grading permit. ENG 18. It is recommended that a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009- DWQ 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 19. It is recommended that a Geotechnical/Soils 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 4 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 Geotechnical/Soils Report shall be submitted to the Agua Caliente Band of Cahuilla Indians (ACBCI) Engineering Division with the first submittal of a grading plan. ENG 20. It is recommended that the applicant provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. It is recommended that no certificate of occupancy be issued until the required certification is provided to the Agua Caliente Band of Cahuilla Indians (ACBCI). ENG 21. It is recommended that in cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). ENG 22. It is recommended that a mylar copy of the approved Grading Plan be provided to the City Engineering Division for the City's information, use and files. WATER QUALITY MANAGEMENT PLAN ENG 23. It is recommended that 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 5 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 24. It is recommended that 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 the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 25. It is recommended that 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-Specific 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 26. It is recommended that all stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). ENG 27. It is recommended that 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 6 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 in Covenants, Conditions, and Restrictions (CC&R's) required for the development. ENG 28. It is recommended that 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. ENG 29. It is recommended that all on-site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. GENERAL ENG 30. It is recommended that 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 shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 7 Exhibit A—Conditions of Approval Resolution No. 24187 March 1, 2017 ENG 31. It is recommended that all proposed utility lines shall be installed underground. ENG 32. It is recommended that nothing shall be constructed or planted in the corner 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 33. It is recommended that 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. MAP ENG 34. It is recommended that existing parcels be merged where appropriate. 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. TRAFFIC ENG 35. As determined by the traffic study submitted by Gibson Transportation Consulting Inc., the ACBCI shall be responsible for mitigation measures recommended by the report. ENG 36. It is recommended that a minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 37. It is recommended that 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 38. It is recommended that stop signs, stop bars, and "STOP" legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. 8 Exhibit A— Conditions of Approval Resolution No. 24187 March 1, 2017 ENG 39. It is recommended that 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 (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. FIRE DEPARTMENT CONDITIONS FID 1. Project-specific conditions shall be provided upon the submittal of a Project Report for each phase of the development proposed under the Master Plan. END OF CONDITIONS 9